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HomeMy WebLinkAbout2003-10-06 (Regular) Meeting Agenda Packet- Ordinance ·• • - .......... .. : .. ., . • . • .. • . .... ' .. ·' -... . . . . , Regular City Council Meeting October 6, 2003 II r!:Y (. (.69, 70, 7l • < Resolu cion /~ ~ ~ 83, 84, 85, 86, 87, 88, 89, 90, 91 ,· =- ... , ' "• ' .. ~ . . • • -.J .. ... ... •• • \, 0 . • .I-, • • • I. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COWRADO Replar Session October 6, 2003 The regular meeting of the Englewood City Council was called to order by Mayor Bradshaw at 7:30 p.m. 2 . Invocation The invocation was given by Council Member Nabholz. 3. Pledge of AIJealance Cub Scout Troop #172 presented the Colors and led the Pledge of Allegiance. Tim Sullivan said we have been very graced that City Council, through their leadership, has given us the opportunity to participate in such things as the flowerbeds at the Recreation Center, a flag ceremony, Fire Prevention Week, the parades and all kinds of things. Our tradition for saying thank you, is to give you the Pack yell . We just want to say thank you and we appreciate all you have done. They gave the Pack yell. There was applause from the audience. 4. RoUCaU Present: Absent: A quorum was present. Also present: 5 . Minutes Council Members Nabholz, Moore, Gruulis, Garrett, Wolosyn. Yurchiclt, Bradshaw None City Manager Sean City Attorney Brotzman Assistant City Manager Aahcrty City Clerk Ellis Fire Division Chief Lockwood Fire Marshal Greene Director Gryglewicz, Finance and Administrative Services Director Fonda, Utilities Director Ross. Public Works Director Olson, Safety Services (a) Minutes of the Regular City Council meeting of Seplember IS , 2003 were considered. (b) Minutes of the Special City Council meeting of Seplember 27. 2003 were considered . COUNCIL MEMBER GRAZUL~ MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING Of SEPTEMBER 15, 2113 AND THE MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF SEPTEMBER 27, 2113. Ma yor Bradshaw •!ked if there was any discussion . There wu none. • • • Englewood City CouncU October 6, 2003 Page2 (J Mayor Bradshaw said the Special Meeting was to meet a deadline for the State, for our application on the Transportation Improvement Program. Vote results: Ayes : Nays: Motion carried. 6. Scheduled Visitors Council Members Nabholz, Moore, Garrett, Wolosyn, Yurchick, Grazulis, Bradshaw None (a) Fire Division Chief Kieth Lockwood said I am here tonight to talk to you about Fire Prevention Week. I appreciate the opportunity to speak on a subject that is very near and dear to the hearts of the members of the Fire Division. As evidenced by the posters and displays in the other parts of CityCenter and by the number of the folks in the audience, it is apparent that National Fire Prevention Week has begun. In a few minutes, we are going to recognize the creative efforts of several students for designing posters that support our fire prevention effort . I thought it would be appropriate to give you just a little bit of background about where Fire Prevention Week originated. As the legend has it, it all began with Ms. O'Leary's cow in the barn back in Chicago in the 1800's. Now, we don't know if that is factual, but we do know it is factual that they had a fire, that started in that area and as a result of that fire, there were some 300 people killed. There was about 100,000 people left homeless and it destroyed more than 17 .000 structures. Following that , the people of Chicago began to commemorate their effort to rebuild the city. About 40 years later, the National Fire Protection Association decided that, what they really needed to be doing, is focusing on how to prevent this kind of tragedy from happening again. And henceforth, that's the origins of fire prevention, as we know it What I believe is easily misunderstood, he said, is that tonight what we are really going to recognize is more than a poster contest. It is really about developing, or changing the mindset, with regard to preventing situations that result in injury and fire loss. That really is what our goal is. it is not just a once-a-year type of event, but it is a mindset that people will take throughout the course of their life . Ultimately, it is about increasing awareness about the environment and about how to keep people safe. This week, the focus is on fire safety and the efforts of the firefighters will be aimed at visiting students in the schools giving them instructions on how to be safe. However. our efforts in the Fire Division do not stop at the end of Fire Prevention Weck. Our local prevention efforts arc very broad based and ongoing. The Englewood firefighters are taking a very proactive approach in the community with regard to prevention and edUC&tion by providing instruction on CPR, first aid, child passenger scat safety, bicycle safety. senior citizen safety, exiting drills, extinguishing drills and pretty much any other activity that we can identify that meets a real need in the community. In c losing, your continued s upport of our efforts and the recognition of the efforts of the students, is greatly appreciated . Working together. we can provide the level of service that is needed to educate and protect our citizens. And with that, he said . we thank you on behalf of the Fire Division. Mayo r Bradshaw thanked Chief Lockwood for his hard work. Mayor Bradshaw said now we have Fire Marshal Ben Greene to address City Council regarding the Fire Prevention Poster Contest. I had the honor to be one of the judges and it was really tough, being a judge. Yo u folks put so much hard work into those posters, that I'm just so proud to be a pan of a community who has wonderful c hildren like you . Thank you, she said . (b) Fire Marshal Greene said thi s year's poster contest was actually overwhelming. I was very pleased wi th the amount of turnout and I was also pleased with the four judges that I had who were ve ry taken aback by the amount of work that the students had put in. I had the Honorable Mayor, Council Member Wolosyn. the Superintendent of Schools and a well known art teacher, Sheila Olson from the High School. do ing the judging. They spent all Friday afternoon debating. helpin1 me to pick out the winners, and they were tough . I would like to pr-esent those now. I would like to have Director Chris Olson and Bill Young. Pres ident of the Firefighters Association, to come up to hand out the prizes. Fire Mar hal Greene announced the winners: ' • • -- 0 Englewood City Council October 6, 2003 Page3 Bishop Elcmen1ary : I" Cassidy Pilling, 2..i Catherine Marie Meyer, 3N1 Scout Harris Chcrrclyn Elementary: 111 Danielle Renaud, 2..i Anna Schulz, 3N1 Slone Hamilton Clayton Elementary: I" Jamie Thompson, 2..i Randall Klocwer, 3n1 Joe Hoogcndyk Charles Hay Elementary: I" Rebecca Erickson, 2..i Lilith Jacobs, 3N1 Hannah Erickson Maddox Elementary: 111 Stephen Daugherty, 2..i Nancy Denford, 3N1 Jared Ward All Souls: 111 Keary Eaton & Mallory Holstein, 2..i John Andres, 3N1 Savannah Nelson St. Louis : 111 Jackie Hugger, 2..i Alce Womeldorft, 3N1 Meghan Becker The winners were each given an envelope with their cash prize. I" Place -$25.00, 2nd Place $15 .00 and 3n1 Place SI 0.00. The cash prizes were donale'd by the Firefighters Association. All the winners were given a round of applause. Fire Marshal Greene said I would like lo invite the winners and their families to join us in the Community Room for a brief reception. (c) Christena Estes Faraci said unfortunately John Dill, who was scheduled 10 speak, was called away suddenly, so I am here in his place. I am here representing the Don't Turn Racetracks into Casinos Comminee. We arc the opposition to Amendment #33. Thank you for allowing me a few minutes to talk about the reasons why we believe that you, and the citizens of Englewood, should be opposed to Amendment #33 . I am sure you have a lot of information. That you have been inundated with direct mail pieces from both sides, have seen the TV commercials, and the numerous editorials in the news coverage. So I won't go into the niny-griny of the initiative language, although the language is in the packet that has been passed around to you all. If you have any questions, hopefully. I will be able to answer them later. As I said, Amendment #33 is a proposal 10 bring a minimum of 500 slot machines to each of the five front- range horse and dog tracks . That is the minimum ... that is the floor, that is not the ceiling. We, on the opposition campaign, have visited Rhode Island and have seen what has gone on in Rhode Island. That is the only other track that Wembley, the London based company, who owns the four or five tracks here in Colorado, has done there . They started at 400, they went up to approximately 1000 and are now at 2200 machines and arc expected to go up to about 3200 next year. The initiative language, incidentally, states that the Loncry Commission needs to maximize revenues so ... in the initiative language ... that is part of their job 10 approve more machines. Again, if Amendment #33 is approved, the London based company will get a virtual monopoly over casino gambling in the front-range via a constitutional amendment. That is an unprecedented move for a private company to amend the State constitution for. basically, contractual purposes. Out of the State· s share of profits, comes the cost, administration and maintenance for the slot machines, including all bettor payows. So, ii is a linlc misleading when they say we arc going to get 61 percenl of the profit . That is not true . Wembley has also exempted themselves from the State gaming tax , which is . in pan. reserved to reimburse host communities from local impacts of casino gambling. So, Wembley. in essence, gets $1.5 billion dollars over 15 years and another $1.8 billion additional subsidy in · the cost of the machines. Coloradoans will forgive at least $250 million in franchise fees, not to mentio n the amount of money they will siphon off the mountain towns funding for historic preservation. If Wembley really wanted 10 negotiate a deal with the best interests of the State Colorado in mind, they would have done so in a way si milar to what they did in Rhode Island. Wembley gets 2"6 percent and Rhode Island gets the balance. I percent 10 help mitigate the local impacts to traffic, law enforcement, etc. There is no local vote, there is no local money to mitigate the negative impacts, that is why the Colorado Municipal League and the Colorado Counties, Inc ., along with a number of individual elected officials , towns like Colorado Springs and Pueblo, have all come out in official opposition 10 this proposal . And again . there is an organizaticnal endorsement of opposing Amendment #33 in your packet, so I 1.'on 't go through the numerous listings of organizations. Incidentally. Wembley has been indicted on 22 counts of unethi cal business practices in Rhode Island. I am not sure that that is the kind of company that the State of Colorado and the citizens here want 10 get in bed with . I have just a couple of quick. last points , she said . The State cannot impose any rules on Wembley casinos, if they can prove that it interferes with their ability to make a profit . So, as it stands right now, underage children, unlimited stakes gambling is approved unle,s rules arc otherwise promulgated by the Lottery Commission. Again, she said. recognizing the lousy deal that this is for the State of Colorado, former Governor Romer, Governor Owens. the Denver Post. the Rocky Mountain News. the Steamboat Pilot, the Grand lunction Daily. and the Boulder Camera have all t • • -· Englewood City Council October 6, 2003 Page4 come out editorializing against Amendment #33. This is about gambling , this is not about tourism, which is why, practically, not one major chamber, or legitimate convention in the Visitors Bureau, has supported this . I think that says a little something about what this is really about. This is about making money for a London based company . So with that , she said, I guess I will wrap up my comments. I don't know if it is appropriate to take questions , or not. Thank you Mayor. Mayor Bradshaw asked if there were any questions . There were none . Mayor Bradshaw thanked Ms. Faraci. There was applause. (d) Linda Counterman, 2975 South Pennsylvania Street, said once again I stand here before you in regards to the five free-run off-leash dog parks in the City of Englewood . Look what you have created . You have created a group of people divided as to how five of our Englewood parks should be used . Some people arc from the same community, Englewood . Some arc from our neighboring community, Denver. Some people are so passionate regarding this issue that the very air reeks of tension, when they are all gathered together . I need to know how long you are going to let this go on . It is your responsibility, as our elected public servants, to reasonably and responsibly COrTCCI what is wrong . This situation that you created, with a lack of education. research and funding, has resulted in a disruption of the safety and peace for all people using our parks. A decision was made to let dogs run free, without barriers , disregarding programs and associations that were already using the parks for athletic fields and practice fields , as well as disregarding the surrounding residences and their families that were using these parks for play and family gatherings . This was also a decision that was made without consideration of how it may affect the peace of the surrounding homes and their residences. Unsolicited contact from off-leash dogs is unwelcome. I am sure that all of you have encountered unsolicited visits from people while trying to enjoy a meal , a walk in the park or just enjoying family time. The feeling of the disruption of your peace. that times like that have caused you, are the same feelings of disruption that it causes while being solicited by dogs in our parks. This issue is not foreign to you. I quote, "but if you can definitely sec a decline in the number of people using the park and there are lots of dogs there, I think we need to take a look at it so that it is fair to everyone. because right now . it seems a little lopsided . I check every week, a different day each week. and there arc problems." Ann Nabholz-July 21, 2003, Englewood City Council minutes . I also quote, "it sounds like a horrible problem" -Mayor Bev Bradshaw, July 21, 2003 , Englewood City Council minute s. Not foreign to you, as well as, still not fi,ed by you . You are a Council of people, elected by the people. to represent and serve the people. I encourage you, Mayor Bev Bradshaw and City Council Members. to listen to the council person that represents the district regarding this matter . It has been said that compromise needs 10 be made, and what has been offered to you, many times, as a compromise, is to fence chis dog run . You were given an offer from a private pany, to donate the fencing for such an area. Wh y then have you not accepted this offer? Compromise needs to be made. yes . Yet you have failed. as members of th e Council. to come up with a compromise better than , or other than, fencing . You arc aware of the problems , concerns and complaint s, especially coming from the Bates Logan Park users, and have co ntinued to ignore issues raised and conti nue to pass matters off to the Parks and Recreation Commission, which then in turn, gives matters back to the Ci ty Council. A circle continually passing their responsibility off 10 others. and not one party willing 10 solve the problem . Mayor Bev Bradshaw and members of the Council. you have said that a City Council ordinance has been put into effect making our five off-leash dog parks permanent. City Municipal Code Ordinance 7-IA-2 (A) and (B). Dogs Running At-Large : A. Dogs at-lar ge. ii shall be unlawful for 11.ny owner or person having care or custody. in concrol of any dog, to allow such a dog 10 run at -large in the City. For the~ of this section. a dog shall be deaned to be running at -large when off or away from the premises of the owna. possessor or keeper. thereof and not on leash held by a person able 10 control the dog. Part 8 . Paragraph A shall llOI apply to pilot programs authorized by Counc il resolution. If thi s is called a piloc program in the City Municipal Code and is readdressed once a year ... stated in the Ci ty Counci l minutes and I qllOIC, "So it bccamc pcnnancnt with the agreement that we hould rev, it the issue once a year" -Jertell Black . dated July 2 1, 2003 . How can we call lhis a permanent City ordinance'! I have asked several times for the minutes that will provide the new Municipal ode ordinance that make th, permanent. and I have gotten no response . I have found no suc h ordinance pa sed in the City Counci l mmutcs . Thas will brina me to my closina. I am asking you. Mayor Bradshaw. 10 rci.pectfully remove yourself from any and all decisions and discussions resardina the off-leash dog program . My reasons stand as fo llows: as discussion from Sq,ccmbcr IS. 2003, in the City Council t • • En&lewood City CouncU October 6, 2003 Page5 D . meeting, you stated that dog owners, home owners and park users will have to learn to get along , because the off-leash dog par ks are here to stay. You also stated, Mayor Bradshaw, that you use the off-leash dog parks. you are a responsible dog owner and you leash your dog or dogs when children are present and in play . This represents a connict of interest and bias . What say you, Mayor Bradshaw? Thank you . Mayor Bradshaw thanked Ms . Counterman. There was applause. (e) Scott Smolarczyk, 3195 South Acoma Street, said my concern is the Broadway Plan 2003 , as passed by the Planning and Zoning Commission on September 23, 2003 . I object to the Plan's recommended policy to ready the environment for investment, as quoted on page I . The Plan calls on the City of Englewood to assemble and position private property for investment by another private property as discussed on page 47 . I oppose a potential development of a node at Danmouth Avenue and Broadway as proposed on page 11 and I oppose the planned strategies for acquiring properties adjacent to this node . According to page 43, development of this node will require extending the B2 -Zoning to the full block , which is currently occupied by my neighborhood . Once my neighborhood is rezoned, the plan states on page 32 that properties not in conformance with current zoning, should be changed from use by right to non-conforming . I disagree with this strategy to use rezoning to take away a person's property rights . I also disagree with the strategy mentioned on page 27, to use Urban Renewal Di.tricts and the powers that accompany this designation, including condemnation, to acquire areas of fragmented ownerships such as my neighborhood . I strongly disagree with any property acquisitions strategy that UICS government to take private property from one owner and give it to another private owner, who the government thinks will put it to a better use . On page 32, the Plan acknowledges that some methods used to bring underutilized properties up to a better and higher use, are controversial. However, on page 27, the Plan suggests that cities that use these controversial methods, and take on a more proactive role in the assemblage of properties for redevelopment, are at a distinct competitive advantage for investment. I would now like to present a video of the television program "60 Minutes" entitled "Eminent Domain" as televised on CBS September 28, 2003 . It is produced by Robert G. Anderson and narrated by Mike WJllace. The video gives examples of how many local governments are abusing their powers to acquire private properties for redevelopment . I sincerely hope that our City chooses not to use such methods . There was applause . The video was shown. Mayor Bradshaw told Mr . Smolarczyk that his 10 minutes was up even though the video was not complete . She thanked him . Again there was applause. Mayor Bradshaw said thanks for bringing that to our attention. Those of you who were not at our Study Session. need to know that the City is going to hold public meetings with all the neighborhoods. They met with businesses first. . .I apologize. We will be meeting with the residents in the three: different corridors, before we do anything . There were comments from the audience . 7. Unscheduled Visitors (a) Eugene Norman said each of you must realize you an: harming yourselves as much as you are harming your fellow human s. My attempt is to go beyond that ignorance . Beyond the bureaucratic inep titude that is destroying this country . To ignore me, not to act on what I present. is no more than an act of ignorance . You are all either unaware or uninformed . In either case, it can only be defined as a di sgra ceful state of being . Time is not on my side, but with cooperation I can prove myself far beyond each of you. in relati ve fields of awareness . in dealing with our foolishness as a nation . Put papen dealing with vari ous directions of thought . have proven me to be correct close to 99 percent of the time . I have the past pape rs. copies of whic h were presented to the Englewood Ci ty Council and the En&lewood City police. to no avail . I co ntend that the encounters I had were not accidental . With your help, I can take you beyond our sad state of being . I performed an experiment dealing with potential extraterreslrial conblCt . The experiment was successful on a relative level . I am now attempting concact with my fellow humans . Succes or failure 1s dependent on each of you . Think ... then for your own soul . act . I was doina SOS sig nal s with a Oa hlight when contact was made . l'rn for you. I'm not against you . One i a state of mind. The past pape fl rescnted by me , to Ci ty Council, have . at th is po111t 1n time . proven to be extremel y Englewood City Coundl October 6, 2003 Page6 (J accuralc. You would do well lo rake heed . The accuracy of what I presented cannot be denied. I assume ii is on record still. If so, I suggest you review those papers. And maybe, get in touch with me again . Mayor Bradshaw !hanked Mr. Norman. There was applause. (b) Kathy DiMarco said thank you for offering me this opportunity to talk to you today abou1 safely in the Cily of Englewood, specifically about lhe off-leash dogs at Bates Logan Park. I live half a block away from Bates Logan Park. First of all, let me tell you thal I am not anti-dog. My family's dog, Dobbin, is a very important part of our household. He is not, however, my child or my baby. He is our per . He is loved, he is cared for and he is well trained. I am also not against dog parks. I happen to think they arc a very good idea. )just don't think Bates Logan is a dog park. However, allowing off-leash dogs to run wild through Bates Logan Park docs not provide a safe environment for the dogs. More importantly. it is not safe for the citizens of the City of Englewood. When I vote for City Council members, as I have in each of the elections for the last nine years that I have lived here, I expect that while you arc in o ffice , you will provide for the safety and welfare of the citizens of Englewood. I am here to tell you, you have neglected and ignored this basic clement of City government. Now that the park has been turned into a doggy toilet. I am not surprised that it stinks. The girls' soccer game two weeks ago had to stop so the dog feces could be cleared from the field. And before you tell me that having off-leash dogs at Bates Logan Park is safe, think about this. Your failure to aclmowledgc the danger that exists, does not alleviate the danger you have created. According to the American Kennel Club, a very dog friendly association, all dogs can bite, regardless of size or breed. The Center for Disease Control reminds us that 4 .7 million Americans are bitten by dogs each year. As many as 60 percent of those arc children. 800,000 people require medical attention every year for dog bites. These are not wild dogs. these arc family dogs, exactly whal you have with these responsible dog owners at Bates Logan ParlL The Center for Disease Control, the American Kennel Club, the Humane Society. the American Veterinary Medicine Al;sociation, the Dumb Friends League. and the American Society of Plastic Surgeons, all agree. Most dog bites can be prevented. Bates Logan Park is a family park . It has a soccer field, a ball park. a basketball court, a picnic pavilion and a playground. Families should be able to enjoy the park without the risk of getting a dog bite. But, there can be as many as 30 dogs running and jumping through that park. There have already been instances of dogs biting people. I do not want any child to have to go through the pain and trauma of having to deal with the life long physical and emotional scars of a preventable dog bite, and I am sure you don't either. The Dumb Friends League provides the article. "Why Dogs Bite: A Guideline for Children." In it they state that the noises and movement you make when you play are very exciting to dogs. A dog can hun you by accident. just by being too excited. Quick movements and sudden or loud noises are scary for dogs. and they may bite 10 protect themselves. Let us use our common sense . As much as dog owners may enjoy the off-leash privileges at Bales Logan Park, ii is not safe for our children. Children at Bates Logan Park s ho uld be allowed 10 run around. and jump and play. These are the very actions that can cause dogs to bile . Recently. during my son's soccer game. an off-leash dog happily ran onto the field, chasing the players and the ball . II was not funny. it was dangerous. This past summer as I was holding my 6 year-o ld son 's hand and walking to the drinking fountain, a dog ran over and jumped up on him. And the owners tatemenl was "oh . he would never hurt him" was of little consolation. as I had to grab my child up and out of 1he d og's way. Most children, when they are binen by dogs. are binen in the face. in the neck and in the upper extremities. So what can you do? You can be smart, you can be safe, you can be responsible for the safel y a nd welfare of I.he c hildren and families of the City of Englewood. The American Kennel Club recommends a dog should be kept on a leash when ii is o ur in a public place. Bates Logan Park is a public place. Dogs al Bares Logan Park should be on a leash . Create a dog park away from soccer fields , playgrounds. baskerball coun.~ and picnic pavilions. Provide a fenced area for the safety of the dogs and 1he safely o f the ciri zens. h should have adequate waste control. odor control and water faci lities a ppropriate for a dog park . I am ure all the dog owners. who want the dos park. will be more than happy 10 raise lhe funds. Mosl of all, do your job. Acknowledge the need to keep our communi1y safe. Protect o ur c hildren. Pro1ec1 the ci11zens who elected you . Do not let our parks go 10 the dogs. Thank you for yo ur ume. Mayor Bradshaw thanked Ms . DIMarco. There was applause. ' • • . - • Englewood City Council October 6, 2003 Page7 (c) Beverly Cummins, 3048 South Acoma, said I have been here before and I am back again, but this time it is for my own benefit. because it is my neighborhood . At the meeting, and here too, you said we would be included in this. We haven't had any information before, so we would appreciate it as soon as possible. I am not for it. I think we need to take care of Broadway and the Siores that are open now. We have a lot of empty spaces as it is, and a lot of buildings that are empty. It took six months for the building I was renting to be re-rented, so I know they are not that easily rented. In this Plan that you have, it doesn't just take Broadway. It says Kaiser is a perfect example. Okay, if it is, then look what it is going to do to my duplex, three-car garage, and my ability to have my rental next door. And all of my neighbors. that I know and appreciate, will be out on a limb, the same way we would be. It is not right. You folks have homes. I wonder ... would you like them taken away.just to better either Englewood or Littleton or Broadway? You are not thinking of the little person, you are thinking of money . It doesn't have to come from us little people, it should be something from the City. You are the ones that have done all of this extra, it is not all of our doings that this is what has happened. I would appreciate you letting us know and letting us realize that this isn't us that you are including, in this Plan . Thank you. Mayor Bradshaw thanked Ms . Cummins. There was applause. (d) Al Gordon, 3045 South Acoma, said I live in one of the older houses on that street. I've been in construction for pretty close to 43 years . I know today, the construction workers who work today, don't build the houses and don't show the concern, that they did 30 years ago, or even 40. The Plan you have put into place. where you want to redo Broadway ... what makes you so sure and so confident that these buildings will be built properly . Because they are going to cost a lot more money to build? You said you didn 't have any money . Where are you going to get it? If you don't have the money to buy these homes, how are you going to have the money to build new buildings? Where is that going to come from? I moved here in 1970 and I watched, and I'm sure we all remember, when Cinderella City was being built . The world's biggest shopping center. Where is it today? It doesn't exist. Whal makes you think if you redo Broadway, in five years that is going to exist? Ten years? People have to take into consideration what is being done . I bought my home in Englewood, in a nice, quiet. safe neighborhood. that I don't have to worry about. I can go out at 2 or 3 o'clock in the morning and I don't have to worry about being mugged or anything else ... or bump into a drug dealer. That is why I moved here . I moved out of a really bad neighborhood. really bad . But, you want to take my house away from me and you want to make it a business section . I have one thing for you to think about. Let's go to Park Meadows and you get a nice CD player for $80.00 and it has all the little things and pdgets, but then you find the exact same CD player in an off-the -wall mill somewhere for $20.00. It is the same thing . Why is it more? Because they have to pay more to build those buildings . They have to pay more taxes for them. Let the person who is living there, in those homes. pay the taxes like they do. If I'm not paying my taxes. take my house; But my taxes have been paid. just like everybody else on our block. We paid our taxes. Why should we suffer because you want to pul up a brand new Park Meadows out here on Broadway? It is not going to work . I saw them build Park Meadows . They thought it was going to bring in all this money and it is not. It is not. If you look at it reahty wise. it is not bringing in the money they thought it was going to bring in when they did it. It is going 10 be the same way here on Broadway . The same way here in Englewood . I am totally against you doing thi s. If yo u want to buy my house, I'll sell ii to you . My wife and I have discussed this. You an buy my house for one million dollars . The reason I came up with that price, was because tha1 will pay off my loan and my mongage, and it will help me buy a new house that I can build just like the one I own now. There was applause . Mayor Bradshaw thanked Mr. Gordon . (e) Darlene Worsham . 3160 Soulh Lincoln. said I believe that I am impacted by this . What I "anted 10 bring to your auention was something that no one else has talked about. And that is the historic aspect of Englewood. which is totall y i1norcd and nealccted . If you ao down to the Library. downstairs. there I a book down there that talks about Enaiewood architecture. It describes the little Englewood bung lo w • JUS I hke I h e ID, which are about 500 or 600 square feet . These were bunplows that were built because people couldn't afford to live 1n Denver. These were bualt in abolal 1910-1920. I unjust thinl1n1. olay. yo u go ahead and tear It all down and pul up somethina ncw and bip ~. I don't know "here I m goina to go . I can go ouc to Cal1fomia with my daupler. I can ao Ill Tc.us. or somewhere like ' .. • • -- Englewood City Council October 6, 2003 Page8 (J ' that, I guess. But, my folks originally moved here in 1947 and when I moved back down here in 1994, it was like coming home to me, but Englewood isn't the same anymore. I hate to see that destroyed. The man from the Planning Committee earlier said, we are hoping people won't go to Littleton to shop. Well you know what, Littleton has a historic farm, they have a museum, they have a World War U memorial, they have all of these historic things, plus trees, shady streets, you can shop downtown, and you've got shade. You guys have tom out all the trees along Broadway and put up these skinny little things that provide no shade for anybody. There is not much to go to on Broadway, frankly. I agree that something needs to be done, but I don't think you need to take our homes to do it. Thank you very much for letting me speak. Mayor Bradshaw thanked Ms. Worsham. There was applause. (f) Neal Maisch , 2939 South Lincoln, said I have lived there 12 years. I rent there. I believe that I am impacled by this. He said he is going to try not to touch the houses but he doesn't know, or something like that. I'm not sure, as I could hardly hear him. But, you know, we have all these vacant stores on Broadway, and nobody realizes how long these stores have been vacant. If we need income, which we do, and I understand that we do, then let's get these places renled. We have new businesses coming in. It's not like we don't. We don't need condominiums, we don't need more places to rent. There are more places in the paper than you can rent right now. Nobody seems to be thinking around here, because we've got more than enough places to rent, and we've got more than enough places to shop ... Walgreens just opened 2417 and we have more than enough businesses. Now, all we've got to do is improve the looks of Broadway. maybe, a little bit, and then that's it . Instead of going and throwing away a billion or two billion dollars on this, let's just stop and think about it. Instead of tearing out these houses and everything else, and putting me in the poor house .. .1'11 be living in my car ... then let's juststop and think. Instead of getting rid of all these houses for three and a half miles ... is what they are planning on, and putting in all this stuff. I don't know eJtactly what their Plan is, but I know they are tearing out a lot of houses that the City is going to have to pay for, until somebody sells them or buys the property, then we need to do something else. That is all, thank you. Mayor Bradshaw thanked Mr. Maisch. There was applause. (g) Laura Strickland. 3 I 9S South Acoma Street, said after reading the Broadway 2003 Plan in detail. I have three major concerns about its contents. First, it disappoints me that the residents living near the Broadway Corridor. who will potentially be impacted by the proposed redevelopment project, were not made aware that the Broadway Plan was being forrnulaled. On page 4, the Plan states that it is intended to be responsive to the community's needs . However, input from the community was never sought . I am also saddened by the negative way in which the local public is portrayed in the Broadway Plan. On page I of this repon. the local public is viewed as being a constraint, which could also be interpreted as a restriction or limitation. And, the neighborhoods adjacent to the Corridor, which lie in the way of redevelopment , arc considered barriers to investment. Secondly. I am concerned about some of the strategies the Plan proposes to use to acquire private properties and to position these properties for private inve stment . I feel that land acquisition practices used by local government, such as rezoning to take away propeny rights. use of Urban Renewal Districts, and condemnation, are unethical, if properties are being used for private gain . Lastly. I would like to point out that the current Plan Jacks the support of some imponant data . The historic property's inventory and Broadway Corridor parking inventory, mentioned on page 2 . have not been completed. The evaluation of historic properties and parking availability are imponant elements of any redevelopment project and I feel that the Broadway Plan should not move ahead without thi s important data . To conclude, I feel that these concerns need to be addressed before this Plan is adopted by City Council. Therefore, I oppose acceptance of this Plan in its current form. Thank you for your time . Mayor Bradshaw thanked Ms . Strickland. She commented, well said . There was applause . (h) John Doherty, 2747 South Pennsylvania Street, said I am sure the Council members in thi s room ha ve heard the name Bates Logan more than they care to count. My family has been following the no leash iss ue since the first time I drove by our park and saw at least 20 dog and their owners. I ' .\. .. • • En&lewood City CouncU October 6, 2003 Page9 thought, at the time, how nice it was that a group had decided to hold a special dog show at our park. Only after seeing streams of people walk down my street with their dogs towards our park, did I realize what had happened to Bates Logan ... a no leash rule for dogs, with crowds of people taking their dogs to the park from sunrise to sunset. Dog owners coming from Denver to Nonh Yale Avenue, typically with the leashes that extend at least 12 feet, that allow their pets to urinate in our yards and deposit their feces for us to clean up. I've already used a term these people don't care for, dog owners. They are their companions and, in their minds, deserving of the same rights that we as human citizens enjoy. Boulder has perfected this line of thinking, their group is called FIDO and it has 3,000 members that have political clout in the City. From reading minutes of the previous Council meetings, it appears to me that our local dog group is similarly organized. Various dog owners making speeches, about how they shop at Wal Mart and CityCenter, because our no leash law is so wonderful. They have even bought homes in the area, because they can unleash their companions and let them have free run at Bates Logan. I'm not buying this nonsense. They shop at Wal Mart, because it is the nearest one in the immediate area. They're patrons at CityCenter, because the stores and restaurants are convenient. My family lives in Englewood, my children attend school here, my business is in Englewood and we volunteer for many of the civic functions. My thinking has been, that surely my elected Council members in Englewood would show more common sense than the Boulder representatives have shown. It would appear that I was wrong, but in fact, there have been proposals on the table to move the playground equipment to another park and in effect, give the park to the dogs . Although I shouldn't have to state the obvious, this park was donated and configured for the enjoyment of families. Whether the dog owners want to admit it or not, families mean parents and children, baseball backstops, a soccer field, a pavilion for parties, a playground with modem equipment, grass to run on, and an open ditch to catch a crawdad or two . How has our experience at the park been lately? A couple pulling up on Bates, opening their doors for their two labs to jump on my 5-year olds head , knock over my ice water, and his comment was "I hope that wasn't vodka ." Diny looks from the woman with the little pug dog, because we were so rude to think we could fly our paper airplanes down the hill . Countless dogs chasing their flung objects across the soccer fields, well out of the hearing of their masters. who were engaged in conversation with their fellow dog OWIICl'S. The typical comments of the dog owners were "he will just lick you to death, he doesn't bite, he will just jump all over you ." I have had a dog at all times of my life, from Pomeranians to poodles to German shepherds. lf I have learned one thing, ii is that dogs are unpredictable, particularly among small children. The rapid movement of children make them nervous and they quickly decide that the smaller size of a child makes them prey, and not a master. I know there have been bites at the park and I hear the dog fights from my front yard. ls one dog mauling of a child worth it to you folks to pacify a small and very vocal group of people"/ No amount of companion logic can change the fact that dogs have very sharp teeth and claws, which they use to assert themselves . l have noticed the young families. that took their children to the park, have melted away. It is no longer a safe place to have their small children. But to move the families, instead of the dogs, just borders on humor. except there is nothing funny about it. People that agree with me on this issue, tend to be quiet and polite . Not so with the dog owners, who tend to be very vocal and very aggressive. I assure you that your consti tuents did not elect you to desert them on this issue. I certainly did not read this line of thinking in anyone's election platform . The last point I want to make. concerns the quality of life in Englewood. As an appraiser, I have never seen. as a selling point of a community, that there are nearby parks with no leash law s. The selling point ,'of a neighborhood, is that there arc nearby parks to enjoy with your family, being childless or with young children . I would imagine that 8 out of 10 of the dog owners clean up their dog's feces. but you can clearly smell the 2 out of 10 who don't. You can watch the City workers taking up and pulling down the temporary fencing to keep the soccer families happy . Yet we hear how Englewood can't afford to build a fence for dogs to run . Please decide this issue tonight. Move the no leash dogs to a smaller area and return the park to our families . Thank you . Ma yor Bradshaw thanked Mr . Doheny . There was applause . (i) Art Emison. S564 South Lee Street. Littleton , said I am her: tonight to ask City Council 10 appoint a special independent council to look at the City Code Enforcement issues and policies . I am here to night to represent th at there appears 10 be corrupcion and incompetence in these issues . I have had a ,ues wath the C at y. I have been here before ... for eight years . I have many letters, many documents and my , uc arc not being addressed and handled correctly by C11y siaff. I think I have deall with everyone from the C11 Manager down 10 1he dogcatcher. Nobody is addressina the issues. Further. as a second • • 0 Englewood City Council October 6, 2003 Page 10 issue, I am seeking damages from City Council, relative to a building moratorium that has been put on my property. This is Series 2000, Ordinance No. 28. You have made my property unusable and unsellable. I would like resolutions of the issues. Thank you. Mayor Bradshaw thanked Mr . Emison . (i) William Martin, 3821 South Bannock, said this is concerning the South Broadway development. Our Planning Commi55ion has a damn poor track record, because we built some shopette dealers in front of King Soopers, that sat there for ... what ... three or four years, a block away from the senior citizens assisted living apartments and they had steps going up and steps going down. So, they really are not doing a very good job, what with Cinderella City, they dried up all the businesses in Englewood on South Broadway, and now you want to redo them . I just don't understand your thinking thcrc ... to take a bunch of people's homes. I've lived in my house since 1965 . I'm sure it won't concern me, but for some of my friends and neighbors, it will . That is the reason I'm here. I think it is a poor idea. Thank you . Mayor Bradshaw thanked Mr. Martin. There was applause. (kl Karen Bracm, 3821 South Cherokee Street, said I seem to be a little off the topic here as I'm addressing the Skcrritt House issue. A few years ago the City purchased the Skcrritt House for approximately $130,000.00. After the house suffered some water damage, it was discovered that renovation would cost more than was expected. After suggesting razing the house, and facing citizen opposition, the City offered the house for sale for approximately $60,000.00. This amount is the difference between the sale price and the insurance funds received for the water damage. On Thanksgiving of 2002, a small group of us decided, hey, maybe we could buy this house. we could renovate it, as we were a group of individuals with a lot of construction connections. We took o ur idea to Mike Aahcny on December 9 ... Al that time, we were told that there was an agreement that had been entered into with Colorado Preservation . If we wanted to propose this idea, we would have to do so to Mr. Rodman. After numerous phone conversations. we finally met with Mr. Rodman on January 28, 2003. At that time, we had a lengthy meeting with him that lasted over four and a half hours. At that time, we were told that we would have 10 come up with the fund s and we would have to close on the house by April I". The additional deadlines from the City were that the struc ture and the roof would have 10 be completed by September I , 2003 and to tal rehabilitation would have to be completed by December 31, 2005 . At that time, he was suggesting that we would have to get Board approval from our non-profit group that we were trying to deal with, that we would have to review the contracts and pay the deposit, all within a short period of time . The deadline he imposed on us was February 21 , 2003 ... approxirnatcly three weeks to get a non -profit organization 10 g~I it"s me mbers to gether, pitch thi s idea, pitch the deadlines, all the things we would have to do ... gel · appro val. get a contract signed and get all the fund s in three weeks . I do not believe that Mark Rodman was dea ling with o ur gro up in a good faith manner, and he had no real intent 10 sell to anyo ne except lo Colorado Preser va tio n. He posed unreali sti c deadlines and wo uld not allow us more time to come up with the fund s or to p ropose o ur proj ect. Colo rado Preservation has no w fai led to complete the fir st ph ase of rehabilitatio n. is therefore in de fa ult under the terms o f the s pecial warranty deed . Engle wood has the ri ght 10 exercise its re purc hase o ption. I believe. that al thi s time. Englewood is not likely 10 exerc ise that re pu rc hase o ptio n beca use o f budget iss ues. Ho wever. the C it y should not simply allo w Colorado Preserva tio n a n unlimited a mount o f time to do whatever it wants to do. The Co lorado Preservation should be requ ired 10 provide the City and its citizens with details regarding its plans, such as. what is the sale price goi ng 10 be. who a rc the y going to sell ii 10 . when will the project be completed and who is going to retai n the profi ts o nce that project is completed . T o ensure that they move forward and that they gel thi s project co mpl e t.ed, penalties should be imposed fOI' failing to meet any deadlines that they propose , and the n s ubseque ntl y fai l lo mee t. Thank you. Mayor Brad shaw th anked Ms. Braem. T here was applause . (I) Gary Athey.3 100 South Bannock Street. said this recent slOl'm took out al l of our trees in fro nt and we c ut them dow n and hauled them a way. T hi s weekend we were putting new trees back up and a lo ng come s the fo lks telli ng us about th is redeve lopment plan. of whic h we have not been a pan, Of had .• ~. • • Englewood City Council October 6, 2003 Pqell any knowledge. I grew up in this town, as Bev knows. Back in the good old days, wc used to put E's in our windows, we were all proud of this place. We had a little community here and we recognized everyone. Now what have we got? We arc all money-grubbing people that want to build something bigger, bigger and bigger. Well, I've had several businesses and big isn't necessarily wonderlul, you guys. Morality ... if we have no morality in this town, then what do we have? If you want to live in Highlands Ranch, you guys can move out there and take it over. But this is not Highlands Ranch and we don't want it to be. Am I wrong? (Applause and comments came from audience) He said, okay, I told the people here, a lot of the people here, that there arc only two things you care about ... publicity and getting re-elected. And wc can change those things, and we will if you don't want to represent the people. He said it is time to represent the people, not play these damn games. There was applause . ••••• Mayor Bradshaw said thank you all for coming and giving us your input. As I said before, wc will be meeting with each neighborhood group. You can ask questions, you can get much more information from the smaller meetings, than from a large meeting like this. Staff will be addres.iing your concerns. I want to thank those of you who did speak. We do listen to what you say. Thank you. 8. Communlcatlom, ProdaaMdolll ud Appoam-a. (a) A proclamation declaring October 2003 as Crime Prevention Month was considered. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING OCTOBER 2003 AS CRIME P~ON MONTH. Mayor Bradshaw asked if there was any discussion. There was none. Vote remits: Ayes: Nays: Motion carried. Council Members Nabholz, Moore, Garren, Wolosyn, Yurchick, Grazulis, Bradshaw None (b) A proclamation declaring October 9, 2003 as Lights on After School Day was considered. Mayor Bradshaw said we just received this last week, so I said to go ahead and put it on the Agenda. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING OCTOBER 9, 2003 AS LIGHTS ON AFrER SCHOOL DAY. Motion carried. Ayes: Council Members Nabholz, Moore, Garren, Wolosyn, Yurchick, Grazulis, Bradshaw Nays: None (c) A proclamation declaring October 5 through October 11, 2003 as Fire Prevention Weck was considered. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING OCTOBER 5 THROUGH OCTOBER 11, 2083 AS FIRE PREVENTION WEEK. Ayes: Nays : Motion c arried . Council Mcmben Nabholz, Moore, Garrett. Wolosyn, Yurchick, Grazulis, Bradshaw None Englewood City Coundl October 6, 2003 Page12 (d) considered. A proclamation declaring October 23 through 31, 2003 as Red Ribbon Week was COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING OCTOBER 23 THROUGH 31, 2003 AS RED RIBBON WEEK. Motion carried. Ayes : Council Members Nabholz, Moore, Garrett, Wolosyn, Yurchick, Grazulis, Bradshaw Nays: None 9 . PubllcH~ No public hearing was scheduled before Council. 10. Coiant Aeenda COUNCIL MEMBER GARRE'IT REMOVED ITEM 10 (a) (ill) FROM THE CONSENT AGENDA. COUNCIL MEMBER GARRE'IT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), (ll) and (Iv), 10 (b) (I), (ll), (ill) and (Iv) AND 10 (c) (I). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO . 67, INfRODUCED BY COUNCIL MEMBER GARRETI A BILL FOR AN ORDINANCE AUTHORIZING THE EXTENSION OF A LEASE AGREEMENT BETWEEN ABC, INC ., THE CITY OF ENGLEWOOD AND THE CITY OF LITTLETON . (ii) COUNCIL BILL NO. 68. INfRODUCED BY COUNCIL MEMBER GARRETI A BILL FOR AN ORDINANCE APPROVING AN ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT PERTAINING TO THE CONSTRUCTION OF A PORCH LOCATED AT 2931 SOUTH W ASH!NGTON ENCROACHING 25 FEET INTO THE REQUIRED FRONT SETBACK AND APPROXIMATELY 1.2 FEET INTO THE PUBLIC RIGHT -OF-WAY . (iv ) COUNCIL BILL NO . 70, INTRODUCED BY COUNCIL MEMBER GARRETI A BILL FOR AN ORDINANCE FOR APPROVAL OF A CONSTRUCTION EASEMENT AND LI CENSE AGREEMENT FOR THE FIRST CHURCH OF CHRIST , SCIENTIST AT 3701 S . LOGAN STREET , ENGLEWOOD, COLORADO . (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 65 , SERIES OF 2003 (COUNCIL BILL NO . 44, INTRODUCED BY COUNCIL MEMBER GARRETI) AN ORDINANCE AMENDING TITLE 11, CHAPTER 7, ENGLEWOOD MUNICIPAL CODE 2000, BY ADDING iolEW SECTIONS 25 THROUGH 31 , lNCLUSIVE. PERTAINING TO NEWSPAPER CORRALS , AND AMENDING TITLE 11 , CHAPTER 3, SECTION 3, PERTAINING TO OBSTRUCTIONS . (ii ) ORDINANCE NO . 66, SERIES OF 2003 (COUNCIL BILL NO . .51 , INTRODU CE D BY COUNCIL MEMBER YURCHICK) 0 Englewood City Council October 6, 2003 Page 13 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 ABATEMENT OF NUlSANCES. (iii) ORDINANCE NO. 67, ::.:RIES OF 2003 (COUNCIL BILL NO. 65, INTRODUCED BY COUNCIL MEMBER GARRETT) 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. (iv) ORDINANCE NO. 68, SERIES OF 2003 (COUNCIL BILL NO. 66, INTRODUCED BY COUNCIL MEMBER GARRETT) 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. (c) Resolutions and Motions (i) PROFESSIONAL SERViCES CONTRACT WITH C-WEST CODE CONSULT ANTS FOR PLAN REVIEW SERVICES FOR THE PHASE 2 PLANT EXPANSION PROJECT. Mayor Bradshaw asked if there was any discussion. There was none. Vote results: Motion carried. Ayes: Nays : Council Members Nabholz, Moore, Garrett, Wolosyn, Y urchick, Grazulis, Bradshaw None • •••• 10 (a) (iii) A recommendation from the Department of Public Works to adopt a bill for an ordinance amending the Englewood Municipal Code to give staff more flexibility in granting encroachments into the public right-of-way was considered . Council Member Garrett said we have a serious issue, I think,,in the sense that people like to build retaining walls or structures, in essence, to keep their land from falling down over the sidewalks. In order to do that , under the current ordinance, if it is not more than twelve inches behind the sidewalk, they have to basically enter into an encroachment agreement with the City, because that is encroaching on the City's right-of-way. That process may. not all cases, but in most cases, take a bit too long. They have to come before City Council and it takes a couple readings to ever get that accomplished. If you are trying to do that in the summer season, you may miss your window of opportunity. So, we had talked about it in Study Session ... about allowing. basically, the Public Works Department, in certain circumstances where they may be o n the sidewalk line. to have some discretion for most of the cases where they can go ahead and continue to build, and not have to have an encroachment agreement, that requires City Council approval. It could be done by the Public Works Department or through the City Manager's office. The way this one is currently written. it basically says they have that discretion as long as they are meeting the current code . Which actually is not what I was intending, is to do it on those occasions where people arc building retaini ng walls right up to the si dewalk line. So that is the reason I pulled it. What I would recommend is that we eliminate the criteria number I from this particular bill, which will allow Mr . Ross and Public Wo1 ks to have the discretion to enter into an encroachment agreement. I am in the same situation, he said, <• ' .. .. • • Englewood City Counc:11 October 6, 2003 Pqel4 I have things that basically keep the din from going on the sidewalk. They are small and should not require two readings and a trip to City Council and 60 days. Now, some of the cases we have seen before, where there are site line problems at corners, that may require that they come to City Council. I would like to leave it up to the discretion of staff, that is the reason I pulled the council bill . Mayor Bradshaw asked if there ~as any other discussion . There was none . Mayor Bradshaw said it sounds reasonable. COUNCIL MEMBER GARRE'IT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 10 (a) (W) -COUNCIL BILL NO. 69, BUT ELIMINATE NUMBER 1 FROM THE CRITERIA IN THE BILL. COUNCIL BILL NO. 69. INTRODUCED BY COUNCIL MEMBER GARRETI A BILL FOR AN ORDINANCE AMENDING TITLE I I, CHAPTER 3. SECTION 4, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO ENCROACHMENTS INTO THE PUBLIC RIGJIT -OF-WAY . Mayor Bradshaw asked if there was any other discussion. There was none. Vote results: Motion carried. Ayes : Council Members Nabholz, Moore, Garren, Wolosyn, Y urchick. Grazulis, Bradshaw Nays: None 11 . Replar Apnda (a) Approval of Ordinances on First Reading (i) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services· to adopt a bill for an ordinance approving the 2004 Budget for the City of Englewood. He said I just want to give you a quick overview of the General Fund and some comparison to the 2003 Budget. As most people know, the City's revenues are down somewhat. This budget is about S 1.7 million less, on the revenue side, and the total uses of funds or expenditures for the General Fund arc $2 million, almost $2.1 -million, less than they were in 2003. So, the City has made some s ignificant cuts in this budget, hopefully without a great deal of loss of service for the citizens. The Fund Balance, as stated on the Council Communication, for the unreserved/undesignated, should be corrected to s how $3,312.866.00, which is 9.8 percent total sources of funds . Director Gryglewicz said that is on the Council Communication under Financial Impact. I corrected that and that was discussed in Study Session. Thal' ;;,as that $250,000.00 transfer from the Englewood Environmental Foundation. That will not happen at this time, but may occur later in the year. So I wanted to make that correction. As I said, total sources of funds for the General Fund for 2004 is $34,205,148.00, with total uses at $34,680,127 .00. Mayor Bradshaw said I was going to ask this at Study Session. so I will just ask it now. Why isn 't EEF transferring the money? Director Gryglewicz said when the original transfer was scheduled, EEF was involved in a fairly lengthy and complicated legal battle over environmental issue. We thought when that was settled, those funds in the settlement would be returned to EEF and then transferred to the General Fund, which actually suppons the En vironmental Foundation. Since the legal fees were higher than expected, the settlement preny much ale those fee s up and the trans fer couldn't be made . .. • • Enpwood City COUDCII October 6, 2003 Pase 15 Mayor Bradshaw said that was the senlement with Bradley. Director Gryglewicz said yes, but there may be a transfer later this year, if certain other collections are made by the Foundation. If that is true, it will probably be less than $250,000.00, but there could still be a transfer. Council Member Garrell said I still need some clarification from our Budget Retreat that we had a little over a week ago. Currently, in the budget we arc working on this evening, we have a certain real estate mailer that may be approximately three hundred and some thousand dollars . But, that hasn't been deducted from this particular budget as yet. Director Gryglewicz said that is not shown. If that is done, it will reduce the unreserved/undesignated fund balance about 1 percent. So it would be about 8.8 percent. Mr. Garrell said if I recall, and correct me if I am wrong, at the Budget Retreat we were looking at approximately $900,000.00 extra in the Fund Balance. Considering that we made allocations, in essence, for that $350,000.00, we then put back into the budget, if you will, $550,000.00. We maintained a 10 percent reserve, so when I look at this, which includes $300,000.00 or more, but yet we deduct $250,000.00 which is a smaller number and that drops below 10 percent Fund Balance. 1 don't see how those two numbers add up, he said . Director Gryglewicz said there were funds for Safety Services, Parks and Rec and there were some additional funds for Public Works. Also, there were some leases that were added in and reconciled . There was a Selby lease and that is on the reconciliation. There is another $3,000.00 for bank fees for the CODs that the City pays. There was also some miscellaneous revenue reductions, particularly if you look at the property tax for 2003. That was reduced slightly from the estimate. So, some of those were reduced slightly. Council Member Garrell said from last Saturday until now? Director Gryglewicz said yes, to get to the 9.8 percent that we arc projecting right now. The bulk of the reduction was the $250,000.00 that isn't going to be transferred from the Foundation. Mr. Garrett said that I understand, it is just that I left the retreat thinking that ... we weren't told, or at least I didn't hear, that there could be some adjustmenta. because we were making certain assumptions to maintain a 10 percent Fund Balance, as well as trying to restore some service~. Some of the economic basis, that I based -my decision on, have changed. That makes this a more difficult decision, because we went through a fairly significant budget retreat to try to nail down what we were doing. Mayor Bradshaw said we thought we were playing with real numbers on Salladay. Director Gryglewicz said I will take the blame for this . lf the $250,000.00 were added back in, we would be at 10 percent. We went in, we reconciled the pro fonnas that were given to Council and then we reconciled the accounts to all of the budgeted funds ... the City has numerous funds. We found the $250,000.00 and when I went back to the Director of EEF and asked if that transfer could be made, I found o ut that it couldn't. Thal is what happened to the additional .2 percent that would have brought it to 10 percent. So at the ti me o f the budget retreat. I wasn't actually aware that that trans fer c uldn't be made. And th at was included in the proformas and when I reconciled , to put the actual budget together, that is when it popped o ut. Co uncil Member Moore said I still need clarification. I think our numbers are about $400,000.00 lower now, $250,000.00 of it being the issue you identified, but I'm still missing $168,000.00 that we were talking about when we met last Saturday. Did these other things account for that? I heard you mention so me small stuff. Mayor Bradshaw said it is on page 1 of that memo . Council Member Moore said I am sorry, I'm not seeing whi c h numbers get me to that. I couldn't tell from this, what we already knew about on Saturday vers us now. What I am saying, is that it is more than just the $250,000.00 issue . Because, as yo u pointed o ut , if we could add back the $250,000.00, we would be at 10 percent, but that still doesn't account for the pending Servicenter transfer. Director Gryglewicz said no it doesn't. that is true . Council Member Moore said. just to be clear, o ur 10 percent on that Saturday included, accounted for . that pending tra ns fer . Director Gryglewicz said right. What I can do is revisit the reconciliation and update that. • t .. Enalewood City CouncU October 6, 2003 Pagel6 Mayor Bradshaw said that would help, I guess. I thought we were working with real numbers and I am really disappointed that we weren't. Council Member Wolosyn said we were working with projected, revised sales tax figures and as I understood what we did was contingent upon those numbers actually playing out. I don't know if we want to start in here right now, and then maybe have to address it again. I don't know where we want to go on this. Council Member Garrett said where I was headed is that Ibis Council made a decision and we thought 10 percent would be a proper Fund Balance. That doesn't seem to be what we have now. I feel like John, if you take $300,000.00 off of what we see here, that drops about 1 percent, there is no way we can add $250,000.00 back and get it to 10 percent. So it is not a $250,000.00 misunderstanding, it is more lhan that. That is the part. I think, that causes me concern. Do we need to tty to get back to 10 percent, or are we going to be comfortable with around 8.8 percent? Council Member Y urchick said we spent a half million dollars, based on those numbers being added back into the budget. I don't know if we should have added back into the budget, at this point. Mayor Bradshaw said that is what I am also concerned about. Council Member Moore said that one point Mike raised at the meeting, was whether there anything that could be trimmed out of the professional services budget that would help us. On Saturday, Council felt that 10 percent was the minimum. And, as much as I don't want to appear to be going back and forth again, on those allocations we made, we didn't have the money to make those allocations, according to this. I am not comfortable approving a budget where we are showing an 8.8 percent projected Fund Balance. So, for me, I hate to squeeze it out of this pocket, because I don't know how many individuals were already given news. So is there some place else to SQUCIU.C it? I don't think I can approve somedling that is less than IO percent. City Manager Scars said, again, I'm sorry we didn't catch that. I think a lot of it is that we are trying to deal with some EEF issues and also an acquisition. But, at staff meeting we did ask the staff to go back and take a look at that. We have a meeting set up for this Thursday morning to go through, in detail, where some of our consulting and professional services are at. We had wanted to meet with the Council neu Monday night for a budget review and we will also have updated information on our sales tax for the month of September. Again, if Council is not ready to proceed. we are fine. We could come back and tty to work out the wrinkles next Monday night. Is that right Frank, or is there some other reason we need to proceed this evening?, Director Gryglcwicz said the reason we are bringing this to Council tonight is that we wanted to have the budget do ne prior to the seating of the new Council. Mayor Bradshaw said it is not ready to be done. City Manager Sears said we actually could move this to the next meeting and Council could adopt the budget under second reading at the first meeting in November, if it is set to go in two weeks . Mayor Brads haw said I am not comfortable with the figures we got at Study Session. Council Member Grazulis said I do want to be very careful, because of the message Chris gave to his people. that they could keep their jobs. I just don't want to bounce people uound like that, so we need to find it someplace. Council Member Nabholz said Chris asked numerous times, is this actual, cu I actually do this and we said ye . Ma yor Bradshaw said he asked us three different times. • • Eqlewood City Council October 6, 2003 Pqe17 Council Member Wolosyn said as I remember three of the positions are part of the freeze . Is that right? Chris did say that he might not be able to do that before the end of the year . Mayor Bradshaw said yes, that is true. So on your Thur&day meeting with the department heads, let's go ahead and find out where we are, exactly, before we meet on Monday. We will go tluough this again on Monday and then we will bring it back the second meeting in October. Is that all right? Council Member Moore said he would like to ask Council Member Wolosyn a question. Olga, on the sales projection, we are. in fairness to the point you are malting, we are going forward on a budget with that projection. We won't know if it works until the end of the year, he said. Council Member Wolosyn said I agree. I just wanted to say that when I made my decision, I felt, that those numbers have to be borne out. I made my decision contingent upon those numbers being borne out. I made a point of saying that . To address your point of wanting a 10 percent Fund Balance, making changes based on income that hasn't yet happened, I didn't feel completely comfortable. Mayor Bradshaw said we also have two ballot issues . THIS ITEM WAS CONTINUED TO THE OCTOBER 20, 2003 CITY COUNCIL MEETING. (ii) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to adopt a bill for an ordinance appropriating the City of Englewood's 2004Budget. THIS ITEM WAS CONTINUED TO THE OCTOBER 20, 2003 CITY COUNCIL MEETING. (iii) Director Gryglewicz presented a recommendation from the Depenment of Finance and Administrative Services to adopt a bill for an ordinance approving the 2003 Mill Levy for collection in 2004 for the City of Englewood . On the Council Communication. I did a little write-up, on a home in Englewood valued at $200,000.00, and I indicated what portion of that would go to the General Fund . That would pay approximately $107 .60 to the General Fund per year. The Deb( Service Fund. that is for the new improvements that are being made, as we speak. with the pool, Malley and the Recrealion Center. that would be 2.43 mills, which works out to $44.47. Total taxes paid to the City of Englewood would be $152 .07 ... for a house valued at $200,000.00. So, the total mill for the City is g,Jl mills, to be collected in 2004 . The General Fund mill has not changed since 1992 . The Debt Services changes a little bit, he said, depending on the Debt Service requuements. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (W) -COUNCIL BILL NO. 71. COUNCIL BILL NO . 71 , INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE FIXING THE TAX LEVY IN MIILS UPON EACH DOUAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD , COLORADO. Mayor Bradshaw asked if there was any discussion . There was none . Vote results: Ayes : Council Members Nabholz, Moore, Garrett, Woloayn. Yurchick , Grazulis, Bradshaw Nays : None Motion carried . (iv) Director Gryalewicz presented a recommendation from the Department of Finance and Admini stra1i ve Services to adopt a bill for an ordinance approvina lhe 20(),I Budaet for lhe • • Enpwoocl City Council October 6, 2003 Pqel8 Littleton/Englewood Wastewater Treairnent Plant. The Wastewater Treatment Plant has available funds at the beginning of 2004 at $115,674.00 with total sources of funds at $36,806,602 .00, with total uses at $36,806,602 .00, leaving ending funds available at $115,674.00. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (M -COUNCIL BILL NO. 74. COUNCIL BILL NO . 74, INTRODUCED BY COUNCIL MEMBER ORAZULIS A BILL FOR AN ORDINANCE AOOPTING THE BUDGET FOR THE UTI1.ETON/ENGLEWOOD WASTEWATER TREATMENT PLANf FOR THE FISCAL YEAR 2004. Mayor Bradshaw asked if there was any discussion or questions for Director Oryglewicz. There were none . Vote results: Ayes : Council Members Nabbolz, Moore, Garrett, Wolosyn. Yurchick, Grazulis. Bradshaw Nays : None Motion carried . (v) Director Oryglewicz presented a recommendation from the Depanmem of Finance and Adminislrative Services to adopt a bill for an ordinance appropriating the 2004 Budact for the Littleton/Wastewater Treairnent Plant. He said the total appropriation, or uae of funds , authorized for 2004 for the Littleton/Englewood Wastewater Treairnent Plant, is $36,806,602 .00. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (a) (Y) -COUNCIL BILL NO. 75. COUNCIL BILL NO. 75, INTRODUCED BY COUNCIL MEMBER ORAZULIS A BlLL FOR AN ORDINANCE APPROPRIATING MONIES FOR THE UTI1.ETON/ENOLEWOOD WASTEWATER TREATMENT PLANf PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY I, 2004 , AND ENDING DECEMBER 31, 2004, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRJATION BILL FOR THE FISCAL YEAR 2004 . Mayor Bradshaw asked if there was any discussion . There was none . Vote results: Motio n carried. Ayes: Council Members Nabholz, Moore. GUTctt. Wolosyn , Yurchick , Orazulis, Bradshaw Na ys : NOf)t (b) Approva l of Ordinances on Second Reading The re were no additional items s ubm itted for approval on second readina . (See Agenda Item 10 -Consent Age nda .) (c) Resolut ions and Motions There were no addi tional resolutions or motions submitted for approval . (See Agenda Item 10 -COlllenl Agenda .) 12 . c-nal Dilc-6oa • • En&Iewood City Coundl October 6, 2003 Pqe19 (a) Mayor's Choice (i) Mayor Bradshaw said RTD won the APT A annual award, for the best Transit agency in the United States and Canada. They asked that we pass a resolution, but we didn't get this in our packet until today . If staff could go ahead and form a resolution, could we go ahead and pass one honoring them? Someone said in two weeks . She said okay, but they needed it by the 16111• (ii) Mayor Bradshaw said I wanted to remind you of the KidQuest. Around the world, there will be a celebration of after school programs on October 9111• We passed the proclamation tonight declaring October 9, 2003 as Lights on After School Day . So they have all these different things going on. They have an Indian Market at Clayton Elementary at 5 p.m . Al 5:30 p.m . they have European foods at Maddox . At 6:00 p.m., at Bishop, they have the African Art Show . At 6 :30 p.m., at Charles Hay Elementary, they have an Australian puppet show . And at 7:00 p .m., at Chernlyn, they have a performance of the Japanese NOH style. So. it is pretty exciting, she said, and I just wanted to remind you about that. (iii) Mayor Bradshaw said thank you Director Gryglewicz and staff for all the help at the Budget Retreat. And we will get those figures, I know we will . (b) Council Members' Choice COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 12 (b) (I), (U) and (W). (i) RESOLlITION NO . 80, SERIES OF 2003 A RESOLUTION ESTABLISHING THE ANNUAL SALARY R>R THE CITY ATTORNEY . (ii) RESOLlITIO!"I NO. 81, SERIES OF2003 A RESOLUTION ESTABLISHING THE ANNUAL SALARY R>R THE CITY MANAGER OF THE CITY OF ENGLEWOOD, COLORADO. (iii) RESOLlITION NO . 82, SERIES OF 2003 A RESOLUTION ESTABLISHING THE ANNUAL SALARY R>R THE MUNICIPAL COURT JUDGE . Mayor Bradshaw said the three resolutions establishing annual salaries for the City Attorney, the City Manager and the Municipal Court Judge show a zero percent increase over lut year . Council Member Wolosyn said I am very glad that the three people who we greatly value and who were probably in a position to twist our arm, didn't, and I really appreciate that, in times like this. Vote results: Ayes : Council Members Nabholz. Moore . Ganett. Wolosyn. Yurchick. Grazulis. Bradlhaw Nays : None Motion carried . (iv) Council Member Nabholz : I . he said I would hke to say Happy S<:I' Birthday to Maddox . I went over Satmday aboul I: IS and they had everything jumping and going . It was aood to IClC a loc of the older alumni there and all the kicls . It was really mce . • t .. • • Englewood City CouncU October 6, 2003 Page20 2. She said I think the time has come, that this is long overdue. I paid attention to the dog park this week and paid attention to the phone calls and e-mails representing both sides of the issue. I also had a veterinarian call me today. The Parks and Rec Commission, in August, recommended that we move all the kids to the park on Emerson, which has no playground equipment, no toilet facilities, and no picnic shelter. I would like to, with Council's support, reverse that. Let's keep the kids and families at Bates Logan Park. Let's move the dogs to the Emerson Park. Let that be the off-leash park. I have never heard so many problems with the one park. The other four parks that are off leash, we don't hear about. This one we do and ii has a big impact. My recommendation is that we start signing Bates Logan, that it is no longer an off leash park, effective whenever we can get the signs up ... promptly. That we move the off leash dog park 10 the Emerson Park and that we give approximately 3 to 4 weeks for the people to e,et used 10 the dogs being moved, and then, as the Police Department allows, we start citing people that continue to allow their dogs 10 run there. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO MAKE BATES LOGAN AN ON-LEASH PARK AND TO HA VE THE PARKS AND RECREATION COMMISSION LOOK INTO USING EMERSON AS THE OFF-LEASH PARK. Council Member Yurchick said why does a city, the size of Englewood, need five dog parks? Council Member Nabholz said we don't, but you've got some real vocal activists. Like one of the gentlemen said, one of the things I've encountered with working with the owners of the dogs, they are a very vocal, aggressive group. II is an entitlement 10 them. And I must say, that most of them are very demanding. Council Member Yurchick said that still doesn't answer my question as to why a city the size of Englewood needs five dog parks. Council Member Garrett said I can tell you why we did that. The goal was to create a dog park in each of the regions, 10 provide, in essence, the ability for the local community to have a local dog park to go 10, without necessarily having to load your dog into a car and take them to a designated dos park. That was what was discussed 11 the joint meeting of Code Enfon::ernent and Parks and Recreation. That wu the purpose of it. I think mosl' of the time ii has worked pretty well in the four parks. Also, he said, ii was not the recommendation of Parks and Rec lo move all the kids 10 Emerson. The recommendation of Parks and Rec, was that we create an additional playground facility 11 Emerson. Council Member Nabholz said as the funds became available, the equipment would be put there. Mr. Garrett said, you said we were going lo move the children. Ms. Nabholz said that was a misunderstanding, I'm sorry, I misspoke. Mr. Garrett said that was never the case and somehow that got out. , Ms. Nabholz said yes, you brought that up two weeks ago. Council Member Garrett said the purpose was to create a sense of family and community image in the dog parks around town, within walking distance. -Council Member Yurchick said so if Bates Logan isn't creating that feeling, why do we need to replace it? Council Member Garrett said from the testimony that I have heard, this is extremely split. You've goc people who are very passionate about not wanting to have a dog park there, but 11 the same time you have people who are very passionate about keeping it. When you hear about safety issues. there are also women who have testified to us that their safety is enhanced by having that as an off leash park. So I can tell you, I had a discussion today with the Park and Rec Depanment about trying to come up with some kind of compromise that will keep some kind of sense of balance in that park. Council Member Wolosyn said so is anything happening in Iha: quarter? Bec1111e I must say, reganlina Emerson as a dog park, when I went 10 the District I meeting. people who don't WIJII Bates Lopn to be off-leash wi1hout fencing, came up and told me that they definitely thought Emcnon u a dos park. would not work. So. I feel like, I don't want to. at the drop of a hat, recreate a problem in the same District. They rold me that parking alone. was going to be a problem. t .. .. • • - • Englewood City Council October 6, 2003 Page 21 Mayor Bradshaw said the thing is, I think there arc a lot of different things going on. I think Denver closing theirs didn't help us any ... becausc people think that is their park too. I mean, I use Denver parks, but I also have dogs that I keep on leashes. But I met with Colleen Bowen and Mike Flaherty, and we had quite a discussion, as her son was the one who was bitten at Bates Logan . And I said, "would your son have been binen al another place", which could happen with dogs running at large. She said no, because of the movement he made, that the dog attacked him on his skateboard twice. I think it is too small a park ... I do. Whether you want me to vote or not. I will be voting. My concern is, we have four that are working. We have one that is a problem. Let's just go with the four. There were agreements voiced. Council Member Nabholz said it is long overdue that we make a decision. Council Member Moore said what I hear is reasonable temporary measure, but then Parks and Rec is still debating the issues. Council Member Garren said they talked about fencing issues at Bates Logan. We have also talked about having different days that arc allowable for off-leash and other days that arc completely on-leash. Council Member Nabholz said that is still creating a problem. Council Member Wolosyn said sometimes compromise at a City park is a good thing. Ms. Nabholz said that is true, but have you seen anybody come forwud with compromise, short of someone wanting to donate fence. Ms. Wolosyn said, well, actually when I spoke one on one to people after that meeting, I felt people were more open to compromise, they just want something and I feel like we have been just letting this unravel. Mayor Bradshaw said, yes and we need to do something before it gets to be a major incident. Council Member Nabholz said it is real close. Council Member Grazulis said I feel there is room for compromise and it is our job to help predicate that, or to set that up and to perhaps, if we have to have a little bit further discussion with Parks and Recreation, than Jct' s take that time rather than. today. jump right in and say no. Council Member Nabholz said what are we jumping into, after months and months of hearing from people? Ms. Grazulis said I'm hearing both sides though . Council Member Moore said in fairness to Julie's comment, Ann, where I come from on this. I think dog parks are a good idea. but I still hold that they should require fencing and we can't afford the fencing for a dog park, but , I am still interested in that. I know that the Parks and Rec Commission has been working diligently to tr y to find a compromise ... Council Member Garrett has been keeping me informed . So, is there another discussion we can have? I don 't want to s hut the door, despite my own feelings . I don't want to shut the door too quickly. Council Member Garren said Jct me ask the Council something. One of the proposals, we internally talked about and we haven 't fleshed out yet, is to have some kind of alternate day, like Saturday, especially when soccer and all that son of stuff is happening, then that would be a completely an on-leash time and Sunday would be an off-leas h time . So each group would have a day on the weekend in order to enjoy the park . I le rk 's note : Council Member Yurchick made a comment, but I could not pick it up on the tape.] Council Member Grazulis said well then they would have to get used to it . I'm sorry. Then they will have to be cited . because I do feel that , over time. it did take time to get used to the whole off-lcuh in the first place. But I do feel that the soccer field's times do come first. I agree with that, for the kids. for their practi ce time . But. she said. there must be a compromise. There must be some other time during the week. ' . .. .. • • En&Iewood City CouncU October 6, 2003 Page22 Council Member Nabholz said I don't think so in Ibis park. It is working fine at the other parks. Al Ibis park, we have not reached a compromise. I'm really glad that .Council Member Garrett bas kept you informed. I have not beard some of these things. However, I get the phone calls. I get the people coming. I get the e-mails. You know, whether wc provide a compromise, I still do not think that it will work to have one day, say on Sunday, that the kids don't go to the park. No, no. The bottom line is Ibis is no longer an off-leash park. Now, if we still want to consider, with Parks and Ree's recommendation, moving the dogs to Emerson, than I think that is a very good option. You also have the gentleman that has all that four foot high ... that is all the higher it is ... chain link fencing he wants to donate to the City. Council Member Wolosyn said which park did he want to donate that to? I didn't understand that. Ms. Nabholz replied Bates Logan. It is only four feet high though, a lot of dogs can jump that. Council Member Grazulis said they usually don't just take off. Council Member Nabholz said have you ever gone there Julie and watched the owners that stand there and visit. Ms. Grazulis said yes I have, that's why I'm talking about Ibis. I have been there . Ms. Nabholz said, I'm sorry, I'm out of order. Ms. Grazulis said I have been there probably 10 to 12 times, at different times of the week and different times of the day and I am not seeing the same problems. I am getting the other side with the people e-mailing me saying that they want to keep it. So that is why I'm not getting your side. Council Member Nabholz said you don't live in this area . I'm glad that you come down and look and I'm glad that you get the positive e -mails. Ms. Grazulis said I know it is in your area and I respect that and that is why I want to listen to you, but I also want to listen to the At-Large people, because they also represent that area. Council Member Nabbolz said of course. Council Member Grazulis said I'm not against it, I just think we need to compromise. Ms . Nabholz said I'm just telling you where I stand and I would appreciate it if,Council has a better recommendation, but I think it is long overdue. We need to make a decision. Council Member Yurchick said that my concern is that it has become more of a Denver park than an Englewood park. You look at Jason, those arc Englewood people at Jason. We never hear from the other parks. The one on the Northwest Greenbelt is never used . Mayor Bradshaw said there is nobody up there, nobody . Mr. Yurchick said they don't even use the playground. Mayor Bradshaw said it is a private park for one dog. Mr. Yurchick said but that is my concern for Bates Logan .. .it is that the people from Denver don·, have the same concerns for the community that the people from Englewood do. Council Member Garrell said I actually think that is an overstatement. The majority of people who spoke up were Englewood citizens that used the park as a dog park . The same way there arc a lot of Englewood citizens who speak up and say they don't wanl it. There arc some Denver people there. The Parks and Rec Depanment had a public hearing al Bates Logan. II was a Denver person that showed up to actually speak. That is the reason thi controversy only blew out thi s summer, because wc had forums on this and nobody c ame. Mr. Garrell said wc had forums there this s ummer, at Bates Logan. (There were comments from the audience.) Mayo r Bradshaw asked if there was any other discussion. Council Member Moore said the question would be. is it too premature to have this .. .! rnelln maybe we ca11 have Par b and Rec meet with us on Monday to discuss this. Council Member Garrell said if Council would like to Jive directioo to Park and Rcc ... you know, whether yo u like the concept . should we try to figure out fencin& a lternatives ... should we try to look at alternate ' • • Eqlewood City Couadl October 6, 2003 Pqe23 days alternatives , those sorts of things . I will be glad to take that back to them . If it is the Council's pleasure to shut it down as a dog park, then there is no point in going to Parks and Recreation . Council Member Moore said I guess the way I would phrase it is I think Council is showing a bias toward shutting it down, unless we can find a compromise quickly . I am biased to shutting it down unless we can find a compromise quick . I really would like to explore, and undcmand fully, why fencing is not the answer, before I maJcc a final decision . Ms . Grazulis said I agree with you . Mr. Moore said if we can't have that conversation , then I am prepared to act. Council Member Yurchick said where do they want a fence, where the playground is? Mr. Moore said that is part of the issue . I mean the playground is over towards where moat people run their dogs. Council Member Wolosyn said I heard it being described as a dog run, which arc usually long and narrow . In a way that might be a good thing and I bet it would maJcc it a lot less attractive to Denver people. It might end up becoming more of a community park. Mayor Bradshaw said my concern is where would we put a dog fence . That takes away a family's chances to play volleyball or badminton . The park is just too small. Council Member Y urchick said the whole idea of a dog park is not a narrow little dog run . That is what you arc going to end up with at Bates Logan, because there is no space to do anything bigger. Council Member Grazulis said I would like to have Jerrell Black here to discuss it, and go by his recommendation also . Mayor Bradshaw said I think we need to vote . Council Member Yurchick said you have several opinions to take to Parks and Rec on Thursday. Council Member Nabholz said I was going to go to Parks and Recreation on Thursday and I thought ... forget it, they have their minds made up . Council Member Y urcllick said well, if somebody wants to make a motion . Mayor Bradshaw said we have a motion and a second already . Council Members Grazulis and Moo re asked that the motion be rcs1ated . Mayor Bradshaw said the motion is to make Bales Logan an on-leash park . Council Member Moore said Council Member Nabholz's motion involved a second aspect too. Counc il Member Nabholz and Mayor Bradshaw said the motion was to make Bates Logan an on-leash park and for the Parks and Recreation to look at using Emerson as the off-leash park . Mayor Bradshaw said lets get the name of the fence guy from you, Ann . Ms . Nabholz said I have that. So, Council Member Moore said, the only immediate actionable item on the motion is to put Bates Logan on Leash. Effective? Is it immediate? Mayor Bradshaw said it is thRe weeks . Council Member Na bholz said I don't know how we would get signs up . Council Member Wolosy n said correc t me if I am wrong, but it was never an ordinance, it was a prosram. Mayor Bradshaw said that is right, it is a proaram. .,. • • Enalewood City Council October 6, 2003 Pqe24 City Manager Sears said it will take us a little bit of time to get public notice out. We cannot do tickets, but I don't know what the time frame for a sign is. I would say within a couple of weeks. He asked Ken Ross if he could give an estimate of time for the signs to be made. Mr . Ross replied a couple of days. Council Member Yurchick said but I think there should be a kind of grace period in there too. Council Member Nabholz said yes, for people to realize that ii is no longer an off-leash park . Council Member Grazulis said I just wish there would be more discussion about it with Parks and Rec . Council Member Nabholz said oh my gosh. Ms. Grazulis said because of everything that is coming. I hear all the positive things about it. And this is the way I am going to vote, because I cannot go with just the people that are here, right now, .against it. because I have all my e-mails that are positive. I am not saying that I disagree with you . All I'm trying to say though, is that I just wish for a little more time, like one week, to have a discu sion with Parks and Rec . Vote results: Motion carried . Ayes: Nays : Council Members Nabholz, Wolosyn, Yurchick, Bradshaw Council Members Moore, Garrett. Grazulis Council Member Moore said just for the record, I still am very anxious to have this conversation . The only reason I'm voting no is, I would like to have this conversation with Parks and Rec, as soon as it is appropriate to have that at a Study Session. Mayor Bradshaw said okay . Ms. Grazulis said that is my consensus also . Council Member Nabholz said I apologize for getting out of line earlier, but as we all know, this has been a really ho!, long issue. so I'm glad that we are finally taking action. Mayor Bradshaw said one of many . Ms. Nabholz said yes, one of many, so thank you. (v) Council Member Garren said I just want to say, as there are several people still here from the earlier discussion, that I haven't heard from this Council about anybody wanting to take anybody's house. Talking about taking houses ... that has neval'11een a put of what I think anybody here envisioned of the South Broadway Plan. It went to the commercial establishments because we actually, maybe mistakenly, we said we only want to deal with commercial. We want to make sure to keep residential out of this, so we don't make people think we are trying to take their houses. So, I think hopefully that is a misunderstanding of what the Broadway Plan is about. A gentleman brought up about Cinderella City, and how it died and we bad to recreate it. This is only a vision, that is all this is, it is not any legal document saying we are going to do anything. We do have empty spaces on Broadway . We need to do things that make sure businesses can thrive on South Broadway . That is one reason we spent millions of dollars on fixing the strcctscape , trying to make businesses look better to bring people here. Please make sure when yo u go to these sessions. that you ask the hard questions , but also understand that it is a policy document . and that is all it is . Mayor Bradshaw thanked Mr . Garrett. You stated that well, she said . (vi) Council Member Grazulis said I just wanted to point out that our Englewood High School Band was in competition this last Saturday , in Castle Rock, against 16 other h!f" schools. They did co me io 6•. They are one of the smallest bands around and their auxiliary took 2 overall and they only have 6 nag people, compared to like 15-20 in other schools . It was a day to be proud, she said . (vii) Council Member Wolosyn l . She sa id I would like to reiterate what Mr . Garren said, and reiterate what I said to Council.. The South Broadwa y Plan is a plan . it is a vision, it is a direction . I did see some thinas, which I voiced a& Study Session, that I thought we don't need in there . I think everybody who spoke tonipt. all said that • t .. • • Enalewood City Council October 6, 2003 Pqe25 they would like to see a revitalized Broadway Corridor. That is the focus of the Plan, she said, and I hope that everybody who comes to those meetings has ideas about that also. 2 . She said I also want to tell you about one of the really nicer things that has happened to me lately . This summer I, and several members of the Cultural Ans Commission, wo.-ked with members of the Englewood School's art faculty and administration staff to write a grant for $900,000.00 to integrate the arts into the curriculum and strengthen it as a stand-alone subject It was a federal grant. Lots of people go for those and it is hard 10 get federal money in communities. We did this in three weeks and we won the grant. So, there were moments, believe me, when people were not happy and we were not working together well, but everybody sort of stuck it out and that is what happened, so I am proud of that. Mayor Bradshaw said that is wonderful. There is a lot of good going on. 13 . City Manqer's Report (a) City Manager Scars said I just want to note that, unfortunately, Paula Punccrclli has given her notice . She will become the Public Information Officer for the T-Rcx project. We are really going to miss her. She has done a great job for the City. We will have a farewell party Thursday afternoon from 3:00 to 5 :30 p.m., if you can come by and wish her well. It will be in the Community Room. 14. City Attorney's Report (a) City Attorney Brotzman said, regarding the two budget items, Council Bill 72 and 73 ... were those continued until October 2rfi'? Mayor Bradshaw said yes. (b) City Attorney Brotzman said if I would like to request a motion to settle the City of Englewood versus T & G Hardwood, that is the gym floor case, for $12,300.00. COUNCIL MEMBER GARRE1T MOVED, AND IT WAS SECONDED, TO SETrLE THE CITY OF ENGLEWOOD VS T & G HARDWOOD FOR $12,300.00. Ayes : Council Members Nabholz. Moore, Garren. Wolosyn. Yun:hiclt, Gruulis, Bradshaw Nays : None Motion carried . 15 . Adjournment OSHA W MOVED TO ADJOURN . The meeting adjourned at 9 :50 p.m. t • .. . - • 1. Call to order. 2 . Invocation. 3. Pledge of Allegiance. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, OCTOBER 6, 2003 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 a. Cub Scout Troop #172 will P~esent the Colors and Lead the Pledge of Allegiance. 4 . Roll Call. dt{ '7 ~ 5 . Minutes. /'· Minutes from the Regular City Council meeting of September 15, 2003. (},,.. ~ • ,l · Off! '/..6\ b. M;o,ternf !he Speci,1 c;iy C0<mdl .-., ofS,ptembe, 27, 2003. Jl""'"'r 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) a. Fire Division Chief Kieth Lockwood v. :II be present to address City Council regarding the Fire Division. b. Fire Marshal Ben Greene will be present to address City Council regarding the Fire Prevention Week Poster Contest. . c. d.~ ~r;(f!fm ~~~ti1tn4ro' Amendment #33 (Video Lottery Terminal Initiative) campaign, will be present to address City Council. d. Linda Counterman will be present to address City Council regarding the off-leash dog parks. e. Scott Smolarczyk will be present to address City Council regarding the proposed 2003 Broadway Plan . a) Eugene Norman -our sad state ol affairs g) Laura Strickland -Broadway Plan b) Kathy DiMarco -Bates Logan/off-leash h) John Doherty -Bates Logan/off-leash c) Beverly Cummins -Broadway Plan I) Art Emison -code enlorceme I/bldg . sd) Al Gordon -Broadway Plan J) Will;·-.. _.. B n moratorium _,, mcmin -roadway Plan e) Darlene Worsham -Broadway Plan k) Karen Braem -Skerritt House I) Neal Maisch -Broadway Plan I) Gary Athey -Broadway Plan Please note: If you ha disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2 405 ) at least 48 hours in advance of when services are needed . Thank you. ' • • Englewood City Council Agenda October 6, 2003 Page 2 8. Communications, Proclamations, and Appointments ~ '7-() a. A proclamation declaring October as Crime Prevention Month./)~. . . ~ '7-a b. A proclamation declaring October 9, 2003 as Lights on After School Day.~ ~ '7-() c. A proclamation declaring October S through 11, 2003 as Fire Prevention Week. ~ tJ-ffd '7-0d . A proclamation declaring October 23 through 31, 2003 as Red Ribbon Week.~ 9. Public Hearing. (None Scheduled) J_Q. C~ge_nda, Gltf<.R.J;.:tr-f!>M"IJ/U) . 10 ~if/ /If.bl? 11/L ~ ~ /J~J v/-{) /-fPll';l;J;r~ i(J:_ /JH,,MU /I)'-/ i j / J/ /() /r / JJ. · i fl' of-//)(J. i vvr r a. Approval of Ordinances on Firsaf~mrir-/ j V I o7UViU, i. Council Bill No. 67 -Recommendation from the Utilities Department to adopt a bill for an ordinance fermin'ating the Radio Tower Property lease with ABC, Inc. and Radio Property Ventures. STAFF SOURCE: Stewart Fonda, Director of Utilities. ii. Council Bill No. 68 -Recommendation from the Department of Public Works to adopt a 6ill for an ordinance approving an Encroachment Agreement at 2931 South Washington Street STA.ff SOURCE: Ken Rou, Director of Public Worb. iii. Council Bill No. 69 -Recommendation from the Department of Public Works to adopt a APP 'D 7-0 Garrett moved brll for an ordinance amending the Englewood Municipal Code to give staff more ' lo approve Agenda Item fl ·b·1· . . h . th bl . . h f. st'""'f SOURCE K 10 a iii_ council Bill 69, exr r rty rn granting encroac ments mto e pu 1c ng t-o way. ....-: en and eliminate number 1 Ross, Director of Public Worb. from the criteria in the bill iv. Council Bill No. 70 -Recommendation from the Utilities Department to adopt a bill for an ordinance autfiorizing a License Agreement and Construction Easement for City Ditch at 3701 S. Logan Street STA.ff SOURCE: Stewart Fonda, Director of Utilities. b. App rov al of Ordinances on Second Reading. 02d~i. (M}Jf; ii . rndl01 iii . Counci l Bill No. 44, regarding management and regulation of newspaper corrals within the public rights-of-way . Council Bill No. S 1, amending the Englewood Municipal Code to change the time limits for Abatement of Nuisances. Cou ncil Bill No. 65, amending the Englewood Municipal Code pertaining to Purchases witho ut Bids to reflect voter-approved changes to the City Charter. Please no te : If you have a disability and need aulCiliary aids or services, pleue notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. Thank ' • • - CJ Englewood City Council Agenda October 6, 2003 Page 3 iv . Council Bill No. 66, approving an Intergovernmental Agreement with the City of Cherry Hills Village approving joint funding for the U.S. 285 sidewalk enhancement project c. Resolutions and Motions. i. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by motiO,Q, a Professional Services Contract with C- West Code Consultants for plan review services for the Phase 2 Plant Expansion Project. STAFF SOURCE: Stewart H. Fonda, Utilities Director. 11 . Regular Agenda. a. Approval of Ordinances on First Reading. i. Council Bill No. 72 -Recommendation from the Department of Finance and Acfministrative Services to adopt a bill for an ordinance approving the 2004 Budget for the City of Englewood. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. ii. Council Bill No. 73 -Recommendation from the Department of Finance and Administrative Services to adopt a bill for an ordinance appropriating the City of Englewood's 2004 Budget. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. iii . Council Bill No. 71 -Recommendation from the Department of Finance and Administrative Services to adopt a bill for an ordinance approving the 2003 Mill Levy for collection in 2004. STAFbf~.!~ Gryglewicz, Director of Finance,and Administrative Services .. ~ ,, __ 7 , ~ iv. Council Bill No. 74 -Recommendation from the Department of Finance and J\dmrmsfrabve Seivices to adopt a bill for an ordinance approving the 2004 Budget for the Littleton/Englewood Wastewater Treatment Plant. STAFF S~OCE: Frank Gryglewicz, Director of Finance and Administrative Services. . v. Council Bill No. 75 -Recommendation from the Department o Finance and Administrative Services to adopt a bill for an ordinance appropriating the 2004 Budget for the Littleton/Englewood Wastewater Treatment Plant. ST~AFURCE: Frank Gryglewicz, Director of Finance and Administrative Services. ' b . Appro~rdinances on Second :eading. c . Resolutions and Motions. Please note: If you have a disability and need auxiliary .lids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. Thank ou. t .· .. . .. • • Englewood City Council Agenda October 6, 2003 Page 4 12. General Discussion. a. Mayor's Choice. i.A) resolution establishing the am;iual salary for the City Attorn~e. )/ /J:'1./ L , / , . A re$(llution establishing the annual salary for the City Manager. 'V' II , i.v--~ A resolution establishing the annual salary for the Municipal J e. APP'D 4-3 Nabholz moved to make Bates Logan an on-leash park 13. City Manager's Report (Nays : Moore, Garrett, Grazulis] and to have the Parks and Recreation Commission look Into using Emerson as the off-leash park 14. City Attorney's Report APP'D7-0 Adjournment 9: 5{)~ Garrett moved lo settle the City of Englewood vs T & G Hardwood f~r $12,300.00 The following minutes were transmitted to City Council between September 12 and October 2, 2003: • Alliance for Commerce In Englewood meetings of June 5, July 10, and August 14, 2003 • Englewood Parade Committee meeting of June 11 and July 9, 2003 • Englewood Housing Authority meeting of August 6, 2003 • Englewood Public library Board meeting of August 12, 2003 • Englewood Board of Adjustment and Appeals meeting of August 13, 2003 • Englewood Parks and Recreation Commission meeting of August 14, 2003 • Englewood Transportation Advisory Committee meeting of August 14, 2003 • Englewood Planning and Zoning Commission meeting o f September 3, 2003 Please note : If you have a disability and need auxiliary aids Of services, please notify the City of Enllfewood (303 -762 -2405) at least 48 hours in advance of when services are needed. Thank 0 1 . Call to order. 2 . Invocation. 3 . Pledge of Allegiance. AGENDA FOR THE REGULAR MEmNG OF THE ENGLEWOOD CITY COUNCIL MONDAY, OCTOBER 6, 2003 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 a. Cub Scout Troop #1 72 will Present the Colors and Lead the Pledge of Allegiance. 4. Roll Call. dt{ 7 ~ 5 . Minutes. /'· Minutes from the Regular City Council meeting of September 15, 2003. {),,.~ •• ,I. · Offd '/-6\ b. Min,te, ofthe Spedal City Co,ndl m"ting ofSoptom"" 27, 2003. J"-"""r" 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) a. Fire Division Chief Kieth Lockwood will be present to address City Council regarding the Fire Division . b . Fire M arshal Ben Greene will be present to address City Council regarding the Fire Pre v ention W eek Po ster Contest. a~rJ:i(IJ/. £~1.s rAtW.t . . . . . · c. · from the Oppos1t1on to Amendment #33 (Video Lottery Terminal lmttatlve) ca mpaign, will be present to address City Council. d . Li nda Counterman will be present to address City Council regarding the off~eash dog parks. e. Scott Smol arczyk will be present to address City Council regarding the proposed 2003 Bro adw ay Plan . a) Eug-Norman -our Nd state of affairs b) Kathy OiMarco -Balel Logan/off-leash g) Laura Strickland -Broadway Plan h) John Doherty -Bates Logan/off-leuh .. c) Beverty Cummina -Broadway Plan s d) Al Gordon -Broadway Plan I) Art Emiloo -code enforcement/bldg moratonu, j) Willlam Martin -Broadway Plan e) Dart-Worsham -Broadway Plan f) Neal Maisch -Broadway Plan k) Ka1W1 Braem -Skenitt Ho1-. I) Gary Alhey -Broadway Plan Please no te: If you ha disability and need auxiliMY aids or SC!IVices, pleue notify lhe City of Englewood (30 3-i 62 -2405) at leas t 48 hours in advance of when services are needed. Tlwlk you. ' . .. ,• • • Englewood City Council Agenda October 6, 2003 Page 2 8. Communications, Proclamations, and Appointments A proclamation declaring October as Crime Prevention Month. f}~. . . A proclamation declaring October 9, 2003 as Lights on After School Day.~ A proclamation declaring October 5 through 11, 2003 as Fire Prevention Week. ~ A proclamation declaring October 23 through 31, 2003 as Red Ribbon Week. ~ 9 . Public Hear;ng. (None Scheduled) 10. C~ge_nd~.-GAf<R..J;-rr /!J;,M()IJ/U) . !o ~iii /If.bl? 1/11.. ~A)~~ 11~7,o /.-fJ111';1.;1£~ftr.lJ.d>.,~ /rJ'-1 ii ,11 Jolr/dJnai~o1--Joa1 v-r f a. Approval of Ordinances on Firsaf~~r---/ / j i. Council Bill No. 67 · Recommendation from the Utilities Department to adopt a bill for an ordinance terminating the Radio Tower Property Lease with ABC, Inc. and Radio Property Ventures. STAFF SOURCE: Stewart Fonda, Director of Utilities. ii. Council Bill No. 68 • Recommendation from the Department of Public Works to adopt a 6ill for an ordinance approving an Encroachment Agreement at 2931 South Washington Street. STAFF SOURCE: Ken Rou, Director of Public Works. iii. Council Bill No. 69 • Recommendation from the Department of Public Works to adopt a APP 'D 7-0 Garrett moved 6ilf for an ordinance amending the Englewood Municipal Code to give staff more ~~ a:~r~v~:i:~i:1:t:. flexibility in granting encroachments into the public right-of-way. STAFF SOURCE: Ken and eliminate number 1 Ross, Director of Public Works. from the criteria in the bill iv. Council Bill No. 70 · Recommendation from the Utilities Department to adopt a bill for an ordinance authorizing a License Agreement and Construction Easement for City Ditch at 3701 S. Logan Street. STAFF SOURCE: Stewart Fonda, Director of Utilities. b. Approv al of Ordinances on Second Reading. ~i. fmlltf; ii. (J)Jl(;;1 iii . Council Bill No. 44, regarding management and regulation of newspaper corrals within the public rights-of-way. Council Bill No. S 1, amending the Englewood Municipal Code to change the time limits for Abatement of Nuisances. Council Bill No. 65 , amending the Englewood Municipal Code pertaining to Purchases w i thout Bids to reflect voter-approved changes to the City Charter. Pl ease note: If you ~ve a disability and need auicilwy aids °' services. pluse nolify lhe Cily ot EnaJ-oc,d (303-7 62-2405) at least 48 hours in advance of when services~ needed. Thw ' .. ' J • • Englewood City Council Agenda October 6, 2003 Page 3 iv. Council Bill No. 66 , approving an Intergovernmental Agreement with the City of Cherry Hills Village approving joint funding for the U .S. 285 sidewalk enhancement project. c. Resolutions and Motions. i. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by motioo, a Professional Services Contract with C- West Code Consultants for plan review services for the Phase 2 Plant Expansion Project. STAFF SOURCE: Stewart H. Fonda, Utilities Director. 11 . Regular Agenda. a. Approval of Ordinances on First Reading. Council Bill No. 72 -Recommendation from the Department of Finance and Administrative Services to adopt a bill for an ordinance approving the 2004 Budget for the City of Englewood. STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. ii. Council Bill No. 73 -Recommendation from the Department of Finance and f,RJI.Jf / AJIJ £!) Administrative Services to adopt a bill for an ordinance appropriating the City of 71) ~ Englewood's 2004 Budget. STAFF SOURCE: Frank Gryglewicz, Director of Finance VW V, and Administrative Services. ;2.0~ . iii. Council Bill No. 71 -Recommendation from the Department of Finance and Administrative Services to adopt a bill for an ordinance approving the 2003 Mill Levy for collection in 2004. STAF,t,,5~~~ Gryglewicz, Director of Finance and Administrative Services._ ~ ., __ 7 , ~ iv. Council Bill No. 74 -Recommendation from the Department of Finance and Adm1rnsirabve Services to adopt a bill for an ordinance approving the 2004 Budget for the Littleton/Englewood Wastewater Treatment Plant. STAFF SO~CE: Frank Gryglewicz, Director of Finance and Administrative Services. v. Council Bill No. 75 -Recommendation from the Department o Finance and Administrative Services to adopt a bill for an ordinance appropriating the 2004 Budget for the Li ttleton/Englewood Wastewater Treatment Plant. STAF~RCE: Frank Gryglewicz, Director of Finance and Administrative Services. · b . Approval of Ordinances on Second Re ading. c. Resol~d Motions. Please note: If yo u have a disability and need auxiliary aids or services, plea~ nohfy the City of Englewood (303-i &:?-2405) a1 least 48 hours in advance of when services are needed. Thw you . t • • Englewood City Council Agenda October 6, 2003 Page 4 12 . General Discussion . a. Mayor's Choice. Council Members' Choice. \-0 A resolution establishing the annual salary for the City Attorn:>ey . A resolution establishing the annual salary for the City Manager. ~ iii. A resolution establishing the annual salary for the Municipal J e. APP'D 4-3 Nabholz moved to make Batel Logan an on-lNlh pa,1( 13. City Manager's Report [Nays: Moore, Garrett, Grazulle) and to have the Pallcs and AecrNlion Commiaaion look into Uling Emer90I, .. the off-lealh pa,1( 14. City Attorney's Report APP'D 7-0 Adjournment. 9: 50~ Garrett moved to sellle the City of Englewood 118 T & G Hardwood for $12,300 .00 The following minutes were transmitted to City Council between September 12 and October 2, 2003: • Alliance for Commerce in Englewood meetings of June S, July 10, and August 14, 2003 • Englewood Parade Committee meeting of June 11 and July 9, 2003 • Englewood Housing Authority meeting of August 6, 2003 • Englewood Public Library Board meeting of August 12, 2003 • Englewood Board of Adjustment and Appeals meeting of August 13, 2003 • Englewood Parks and Recreation Commission meeting of August 14, 2003 • Englewood Transportation Advisory Committee meeting of August 14, 2003 • Englewood Planning and Zoning Commission meeting of September 3, 2003 Please note: If you have a disability and need ~ aids or services, ple..e nollfr the Oty ol Entlewood (303-62 -2405) at least 48 hours in ~Ml<:e of when services 11e needed. Thank ENGLEWOOD CITY COUNCIL ENGLEWOOD, AR.\PAHOE COUNTY, COLORADO Regular Session September 15, 2003 I. Call to Order The regular mee1ing of the Englewood City Council wus culled 10 order by Mayor Bradshaw at 7:~ p.m . '.1. Invocation The invocation was given by Council Member Nabholz . 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Bradshaw. ~-Roll Call Present: Absent: A qu o rum was present. Also present: 5. Minutes Council Members Nabholz, Moore. Grazulis, Garrett. Wolosyn. Yurchick, Bradshaw None City Manager Scars Assistant City Attorney Reid Assistant City Manager Flaherty City Clerk Ellis Director Gryglewicz, Finance and Administrative Services Director Fonda. Urilities 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 MEETING OF SEPTEMBER 2, 2003. i\lJ}or Bradshaw as\;ed 1fthere was a ny discus io n or any correc1io ns or c hanges. There were none . \' ote res ults: Nays : ,\lo uon ~urned . 6 . Scheduled Visitors Council Members Nabholz. Moore, Garren. Wo losyn. Yurch1ck. Grazuli s. Bradshal' one 1•1 Direct r Fonda ,aid 111, m) pleasure to mm'lduce Ed~ta tcc -l'ddin. one o r o ur •rpr~n11 ,c Pl•ni Opcr•iors "hu c•me ti th1 .:ountr) rrom Kre no. PolanJ m 199 he ,taned \\Orlm11 m t .. • • 0 Englewood City Council September 15 , 2003 Page 2 Granby. in rhe hote ls there . She progressed o n and re ceived her D-Wasrewarer License . '.,he then joined us as an apprentice Plant Operator. to get her C license. She joined the Bi-City plant o n February 25 , 200:!. O n Jul y 2'"' s he received her U .S . citizenship and we are very proud o f that acco mpli s hment. We would lik~ to hon o r her this eveni ng . he said. Edyta, please come up and receive the llag from the Mayor. Mayo r Bradshaw presented Edyta Stec-Uddin with an American !lag and offered congratulations. There was a round of applause. Director Fonda thanked Mayor Bradshaw. Mayor Brads haw said some of us take that for granted. but it is a lot of wo rk. 7 . Unscheduled Visitors (a) Jane Coleman. 390 I South Galapago Street. said I am speaking to you today re garding the off leas h 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 are asking that you not d o away with the off leas h privileges a! Englewood's off leash parks. Today. with a year and a half experience behind me, I feel that I can acc urately s ay the following: I . Off leash privileges in a City o wned park are 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, a nd 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 are just too many people and too many dogs. 4. Off leash dog owners. usi ng the park. have taken an "ownership" approach to the park ... the parks are their parks. providing extra eyes for any abuse of the parks. 5. Off leash privileges have opened a door for the se ni o r citizens ro walk their dogs safely. Englewood has bccu mc an adult community. Many people. such as myse lf. moved into Englewood during the 70's, their children attended Englewood schools, went off to co llege and returned to wo rk in nearby communities. School enrollment is down and has been on a steady decline. The 1980's enrollment was 4500 and today it is 2800. with the Open Door Policy kids arc coming from o ut si de the di strict. There is no need to reserve area parks for children who arc no longer there. 6 . During thi s ye:i r and a half, not o ne incident o f a dog biting a child. mauling a child. or attacking an adult o r c hild ha s been reported in Englewood . For the past two summers, buses of children were brought in dail y. us ing the park as a s ummer day camp. Not one report was made that there was a problem concerning children and dogs. 7. Parks are meant to be used. not just looked at. 8 . Englewood has led the way. and is being ,ho wn as an example, by their dec ision to allow off leash park s within the City. Denying use of Bates Lo ga n as a n off leas h park. would be taking u step backward . City Council has given approval of the o ff lea sh d o g privileges every six months for the p:ist year and a half. 9. In the year and a half that we ha ve had o ff leas h privileges in Englewood parks. there ha s not been one summo ns o r ticket iss ued on an officer initiated o r o.:o mplainr call to B ate s Logan . Becau~ a few people ha ve objected to off leash privileges. she sa id . 1hat is no reason to deny the benefits ro the many people who use and e njoy the park. I 0 . If even o ne pa rk has their o ff lc:a s h privileges taken away. it wi ll throw the balance. of the other leash parks. off. The o v~ruse "ill take a ro ll. We have a good balance now and upsetting that balance will affect everyone. and "o uld create a lo se -lose s ituauon. I have a s uggestion . I would suggest that a cuizcn·s committee be fo rmed to wo rk o n a o.:o mpromise that would accommodate the majority of the people of Englewood. 11 . The Bare s Lo gan Park was donated to rhe Cn y of Englewood ~O plus years ago. Once a gift 1s given. rhe donor re lmqu1,hes o.:o ntrol o f the gift. Ir would be m e to be able to ace mmodate th e giver. however. rhe Jec1 ;1o n fo r the proper use o f the park hould go ro the C o uncil "ho has heard all the facts about off lea,h. rather tha r, j ,e numenral memo ry o f ho w things u,et.l to be . T ime, ha, e chan(!Cd . People arc hv mg m jpjnme nt ; no w. \I uh d o gs j !, the roommates . and dog need areas ro run. It 1s good for the mental and p h~ ,cal he alth of Eng le\\ood pe o ple: robe able to use the gra . tree . o pen pa.:c. fresh air and .:o nge n,a hr y of o r he r peo ple d m ng rhe s ame thmg ... " al~mg their dogs m the park. It 1s a fact that New Y,1 r~ C u~ reco g ni zes the va lue o f o tf leash pm 1leges m a park. The~ ha,c an o ff leash park e,ery 10 ' '41 .. • • Englewood City Council September 15, 2003 PageJ bl oc ks . Thank yo u for letting me address this group. she sai d . I hope that you will listen to the people in Eng lewood and be fair about yo ur decision. Thank yo u very much . Mayor Bradshaw th a nked Ms . Coleman (b) Anita Hali ck. 782 East Amherst Place , sa id this is my son and we have been there for four and o ne half years. One of the rea sons we bought our residence. is because we are only one block away fr o m the park. I am sad to say that I just recentl y had a neighbor move away from Englewood. becau,e of th e new off leash law. Since the summer o f 2002. the Logan Bates community ha s voiced their o pposi ti o n to having their neighborhood park taken away from them . Two month s 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 pa rk. 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. o ur park ha s been taken away from us. Families no longer go to the parks. They are tired o f being solicited by dogs that are not wanted. children are afraid to play any sports due to the high content of feces, and I can only imagi ne that Code and Law Enforcement must be getting tired of having to constantly re-e nforce the posted rule s. They are posted rules and for six seasons the rules are not being followed. The dogs are still unlea shed on the playground. the pi c nic shelters and the ball fields. The amount of feces present is evidence that it is not being picked up. And. when you see owners having to call their dogs back li ve, six and seven time s before they finall y return , that is not voice command . According 10 the Tri-County Health Department. there are four main illnesses that occur fro m the amount of fe ces that is present at thi s park. The key 10 all these illnesses. is that it does not matter that the fe ces is wet, dry or six months o ld . These illnesses are all preventable. I would like to submit thi s information I receiv<;<f from the Tri -County Health Department. In closing, I would like to know why this City Council has not responded 10 thi s community that ha s vo iced o pposition for more than a year . We would like to know what it is going to take. Is it going 10 take c hildren getting bitten. o n a more frequent basis ? Is it going to take a lawsuit, o r will you finally just li sten 10 yo ur hearts and give thi s community their park back'/ My son would like to say just two thing s. 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. Ma yo r Bradsha w thanked Ms . Halick . (cl Colleen Bowen. 661 East Bates Avenue , said thi s is my son Mark and I just ha ve to say it was incredib ly moving about the lady that got her citizenship on July 2"". That is what America is all abo ut a nd I JUS t wa nted to tell yo u it is a privilege to be here and witness that . I li ve adjacent to Bates Logan Park and I moved there in April of 200 1. We specifically chose that neighborhood . We had o ur realtor pull up Englewood homes that were adjacent , in very close proximity to park s. I home educate my so ns; so being adjacent to a park was a very hi gh priority for me , so that they could e njoy playing with their neighborhood friend . We do have a police report on tile and I will bring it 10 the next meeting . Abo ut three or four mo nth s ago. Mark was biuen by a dog. He was rollerblading through the park and the dog chased him . There were ;evcral witnesses in the neighborhood that affirmed that Mark did nothing that provoked the dog. So we had a poli..:e report made at that time and I will get that to you. He was also. JUSI two days agn . l'hargcd down. So. when springtime came thi year. my boys came home and reported 10 me that there wa, J 101 ut' poop in the park . I had omc conversations with neighbors about that. Then a few days later. I a,ked Nlic-hael and Mark to just do me a favor and go over there and count the poops. When the y came b;ic k. the) had made a tally. they had counted .n and sa id "Mo m. -.e ha,en·t e,en put a dent m the park ." There were ~3 pile, and that was probably Ma y. My primary concern about the park ,s number one .. I do fed ,trnngly 1ha1 dogs need to be leashed . I thmk that parks belong to all the c111zens of the commumty and Bate, Lug.in 1, ,l park that 1> reall y hea, 11) u,.ed by all kmds of people . \ e ha,e the Englewood oc ·er LeJgue that u,e, 11 Jnd the) make UJO~ful n 1se <>n uturday. \\hen the~ arc there . We ha,c lot, ol )ounii men thJt u;e the ba;,ketball ·ourt . \\h1ch 1 .i wondertul outlet . \ e ha,e lots ofrh1IJren that CllJO) the pla) Jr~J and IJm1lics that enJO) the park . The~ ,ered p, me area I used b) fam1he eek Jftcr "eek. The plrk ,, u,cd b) tam,he . but ie,. I d,i lno " thJt there l> le,, u,e go mg <>n. bccJ~e people ,ire ,1,01d1ng the ' .. .. • • -- Englewood City Council September 15, 2003 Page.i d ogs. l know that Joey Halick was in the pilot program at Jewish Medical Center for asthma last year. I know that this liule 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 tonight, from the Department of Transportation, which talks at length about what happens when children get bitten by dogs. l will make s ure that you get that . My neighbors and l feel this way ... and l know we have one or two neighbors that do n't...but I would say that out of maybe 30 conversations that l 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 see dogs back on leash . There are two families that are in support of dogs being off leash . With dogs on leash. everyone gets to 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 are 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 . Ma yo r 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 sort of misconception among those of us who oppose the dogs off leash in our park, as o pposed to the people who want it. that we aren't trying to run the dogs out of the park. we aren'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 comprom ise. much like she had eluded to. Unfortunately, for both parties, there hasn'I been any compromise made to anybody·s satisfaction. To me. 10 my way of thinking. ii is a no-braincr. I don 't understand why it was decided to put an off leash pilo1 program in a park 1ha1 has basketball courts, soccer fields and a very large playground. when everybody knows. thal in Englewood we have a number of grcal facilities , or grca1 parks. thal arcn'1 so geared toward children per sc. Bui, that decision was made so I think it is time to correc1 it . Even if this program is working in other parks in Englewood. we have brough1 petiuons to you o n 1wo occasions now of people thal live in lhis neighborhood. who voted for you. saying we wa nt o ur park back. You drop by 1here any given day , and you will sec dog owners and dog owners only. Bless their hearts. I love dogs too and they need a place to run and play. Right next 10 the plJ)ground . and o n th e soccer field and over the basketball courts where they arc doing their business. isn 't the place .. for mo re reasons that just health . So please. give us our park back. Let's make both parties hJPP). There ha got to be a number of other parks. whc-rc the dogs can go and the owners will be happy d1J heJr o ne rumor. and I say rumor because I ha ven 't va lidated it . that Council was possibly considenng mm mg the playgr und eq uipment to another park . To me. that makes no sense and I lhink to rno,1 1ntclhgcnt p,:oplc. it wouldn't. Why pend that l1nd o f money? Reall y. if that 1s the case. arc we puuing the J o g before ur h1ldren ? Thank }OU for yo ur lime . he a,d. ~la~or Bradsha\\ thanked Mr. HJhc l . 1c 1 Linda Counterman. :9 5 South Penru.,hania. · ,d this ,sn't the fim lime that I ha,c Jpproal"hed Co uncil. Jnd Parl .ind Re: rc:allon. ,n re¥ards t our ff lush do11 parks. Now. 1nstc::ad o t JU t ~,~,n g h>r 8Jtc, Logan Parl. I a m aslmg ~ r rc:,poru.1b1ht~ for all of our parl . II o f our park arc frc:c ru n. ,,11 lc.i h par~ I'm nN .1~in1 thc doa Jon·1 h:l\c: 1hc nght to run. I'm ~in& c · uld Jo th, ,. t • • Englewood City Council September IS, 2003 Pages responsibly. reaso nably 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 int o s urrounding residential areas. Arvada has none. Boulder has two and they arc fenced . Broomfield has none . Denver has none, however. I am told that there is one at 666 South Jason. Foothills Park has none . Highland s Ranch has four ... all fenced. Jefferson County has one ... fenced . Lakewood has o ne . 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 interes ted in hearing what I had to say in regards 10 our free run, off-leash park . He didn't think that was very wisc ... howcver, they are going to do two. When I asked if they arc 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 ii 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. I 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. (f) 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. Part 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 goi ng on in the park and in the neighborhood. It is a meeting ground; ii is a place for us to get together as a community. I have a feeling that some of that is going 10 be lost, if we give up this off leash park. Ju s t today. when I was al the park. I was looking around and seeing people addressing other dog owners to make s ure the park remains clean and picked up. h is an amazing thing 10 sec happen. I think we are very blessed by havi ng the park in our ne ighborhood. I feel very lucky in knowing man y. many. many. of my neighbors who use the park with me. I do sec children using the park. I sec families using 11 . Today. I saw three families woth babies going to the park in the neighborhood . I knew these couples before they had chi ldren . now they have c hildren and they arc bring~og them 10 the park as well. So I JUSI want that story to be to ld. as well. Thank yo u. she said. Mayor Bradshaw thanked Ms. Bassel!. (gJ Virginia Smoth. 3 165 South Sherman. said I wasn 't going 10 s peak toni ght . but the testimo ny we JUS t he a rd contradi c ts the testimony from Jane Colcman ... that Englewood 1s about o lder people. They JU>t ,aid the y had babies on the park. I think "e need to discuss the fact . or bnng up the fact. that the unne stench 1s terrible . The feces m1gh1 be cleaned up. but there 1> no way 1ha1 ~ou can dean up that unnc. It 1s all o,er the wall s and the c ircular thong that holds the flowers I stained and ,mells. The tree> J nd the b ushes are beong urinated o n to the po onl th at they are d~ ong . That goe for c,cr)1h1ng the dog .:a n loft their leg o n. That is ~ind o f crude . but they arc doong 11 . far 115 relo.:aung any of the ' : . , • • Englewood City Council September IS, 2003 Page6 0 . equipment in the park , I believ1: our Ci ty is running on a deficit. It is not fiscall ) sound , she said . to spend that money to move all of that equipment to some o ther location. Thank you . Mayor Bradshaw thanked Ms . Smith . 8. Communications, Proclamations and Appointments (a) A proc lamation declaring September 2003 as Drug and Alcohol Recovery Month was considered . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING SEPTEMBER 2003 AS DRUG AND ALCOHOL RECOVERY MONTH. Ayes : Nays: Motion carried . Council Members Nabholz. Moore , Garren, Wo losyn. Yurchick, Grazulis, Bradshaw None (b) A proclamatio n declaring September 2003 as Pain Awareness Month was considered . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING SEPTEMBER 2003 AS PAIN AWARENESS MONTH. Ayes: Council Members Nabholz , Moore, Garrett, Wolosyn. Grazulis, Bradshaw Motion carried . Nays : Council Member Yurchick (c) A proclamatio n honoring Littleton Mayor Susan Thomton was considered. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING LIITLETON MAYOR SUSAN THORNTON. Ayes: Nays : Moti on carried . Council Members Nabholz. Moore, Garrett , Wo losyn, Yurchick, Grazulis. Bradshaw None (d) A proclamation declaring October 4, 2003 as Maddoll Elementary Day in honor of th e schoo l's 50"' anni versary was consi dered . 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 S0111 ANNIVERSARY. Ayes : Co uncil Members Nabholz. Moore . Garren, Wolosyn. Yurchick. Grazulis . Bradshaw ays : Mo ti o n ca rri ed . None (e ) proclamati on declaring the week o f September 17 through 23, 2003 as Co nsutut1 o n \\' ee~ "a, ,on 1dered . C O J;NC IL ~IEMBER NA BHOLZ !\IOVED, AND IT WAS SECONDED. TO APPROVE A PROCLAMATION DECLA RJNG THE WEEK OF SEPTEMBER 17 THROUGH 23, 2003 AS ON TITUTION WEE K. ,. t • • Englewood City Council Sepl~mber IS, 2003 Page7 Ayes : Na ys: Moti on carried . Council Members Nabho lz , Moore. Garrett. Wolosyn, Yurchick , Grazulis. Brad shaw None (t) A proclamation declaring September 2003 as Literacy Month was considered. COUNCIL MEJ\IBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING SEPTEMBER 2003 AS LITERACY MONTH. Motion carried. Ayes: Council Members Nabholz, Moore, Garrell, 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 :?004 BUDGET FOR THE CITY OF ENGLEWOOD. Ayes: Council Members Nabholz, Moore, Garrell, Wolosyn, Yurchick, Grazulis, Bradshaw Nays : None Moti on carried and the Public Hearing opened. Director Gryglewicz, being duly sworn. said I am going 10 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 100. that we have had a very difficult time putting this budget together. Since 2001, lhe 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. 10 help keep our reserves up and our service level and staffing at the levels we have had in the past. Beca use we made the one-time transfers, and those are no longer available, for 2004. everyone had to take a loo k at their budgets. The City Manager had everybody take a look 10 try to make a 10 per cent cut, which mos t of the depanrnents did. The Proposed Budget indicates most of those cuts at this time. The 2004 es timated revenue. $33.163,507 .00. has no new taxes in it. The expenditures were reduced from '.!003. by 7 .'.! per ce nt o r $2.65 million. The budget for expenditures for the 2004 General Fund. arc $3-l . l'.!8.3 90.00. Included in th ose expenditure c uts. is a reduction of full-time and part-time staff by 58 o r 15 per cent of the work force in the General Fund . And the gap of $964.00.00 will be taken from Fund Bal ance . There arc two ballot issues goi ng 10 the public this year ... one. a onc-m1ll propeny tax and one . a S'.!.00 head ta,. If enher o f those. or both arc passed, then there will be some of those services and staff. may be looked Jt o n a supplemental appropnauon done prior to year-end. Ma )O r Bradshaw as ked if there were any questions . There were none . '.\la yor Brad,haw tha nked Mr. Gryglcwicz. '.\IJ )nr Brau,ha,, J,ked 1f there "as ~nyone \\ho '" hed to addrc s the Council about the propo,ed '.!OQ,l BuJget h>r the Cn~ ,1 1 Englc1H,od No o ne came forn .ird . t .~ ..• • • Englewood City Council September 15, 2003 Puge8 COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING TO GATHER CITIZEN INPUT ON THE PROPOSED 2004 BUDGET FOR THE CITY OF ENGLEWOO_D. Ayes : Council Members Nabholz. Moore. Garrett, Woiosyn, Yurchick , Grazulis, ,Bradshaw Nays : None Morion carried and the Public Hearing closed . 10. Consent Agenda COUNCIL MEMBER GARRETT REMOVED ITEM IO (a) (I) FROM THE CONSENT AGENDA. COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (II) and (Ill) AND 10 (c) (I). (a) Approval of Ordinances on Firs! Reading GARRETT (ii) COUNCIL BILL NO. 65 , INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE. TITLE 4 . CHAPTER I , SECTION 3, SUBSECTION IB. RELA TrNG TO PURCHASES WITHOUT BIDS , AND ADDING A NEW SUBSECTION E RELATING TO RULES, REGULATIONS . AND POLICIES NECESSARY TO CONTROL PURCHASING ACTIVITIES . GARRETT (iii) COUNCIL BILL NO . 44. INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE AMENDING TITLE 11. CHAPTER 7, ENGLEWOOD CODE 2000. BY ADDING NEW SECTIONS 25 THROUGH 31. INCLUSIVE. PERTAINING TO NEWSPAPER CORRALS, AND AMENDING TITLE 11. CHAPTER 3, SECTION 3. PERT AlNlNG TO OBSTRUCTIONS . (b) Approval of Ordinances on Second Reading There were no additional i1ems submitted for approval on second reading. (See Agenda hem 11 • Regular Agenda .) (c) Reso luti ons and Mo tions (il THE EXTENS ION OF THE EXISTING LEASE OF THE OVER-THE-ROAD TRACTORS FROM RYDER TRUCK. INC. Vo te results: Ayes : Cou ncil Members Nubholz. Moore. Garrett. Wolosyn. Yurchid:. Grnulis. Bradshaw Nays: o ne :'\l ouon ,amed . ••••• 1rce 1 Operau o n, Manager Dell Monigomer) ca me to 1he podium to address Consent Agenda hem 10 fa) Ill • • Englewood City Council September 15, 2003 Page9 Ma yo r Bradshaw said . Dell . it is not that we have questions for you . Did you know this was coming? Mr. Mo ntgomery replied that he had a clue when he saw Kells Waggoner. Mayor Bradshaw said for those of yo u who don 't kn o w, we had an awards ceremony, with cake and coffee, one afternoon , and somebody o verl oo ked Mr. Montgomery . I kept waiting for him 10 be called up because Dell Montgomery has given 45 years 10 the City of Englewood. I would like to read a linle statement. She sa.id "Monty started at the City in 1957 . He was hired as a maintenance man. We started Monty off at S 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 1963 and the City is very glad that he did. He started out at the lowest rung in the organization and worked himself up through the ranks to eventually head up the street o perations division for the City of Englewood . We have seven square miles in the City of Englewood, over I '.!0 centerline miles of streets, over 40 miles of alleys and 750 SIJ'CCt intersections. For four decades, these assets have been in Monty's trusted hands. He has overseen the maintenance of the City's infrastructure . 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 1950's. the 1960's, 70's, so·s and 90's and now in the twenty-first century. And as a result. our streets arc in the best shape of any streets in the Denver metro area. When the South Plane ovenopped its banks in 1965 and 1969. Monty was there. Through the Christmas blizzard of 1982, the Thanksgiving blizzard o f 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 pleasure, 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 GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (a) (I). COUNCIL BILL NO. 66. INTRODUCED BY COUNCIL MEMBER GARRETI 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. Vote results: Ayes : Nays : Mo 11 on carried . I I . Regular Agenda Council Members Nabholz, Moore, Garrett , Wolosyn , Yurchick. Grazulis. Bradshaw None (a ) App rov al o f Ordinances o n First Reading Ii) Lieutenant Co llins presented a recommendation fr o m the Department o f Safety en 1cc, 10 Jdo pt a boll fo r an o rdinance amending the Englewood Municipal Code to change the ume lo m,1 , lo r Abatement o f Nui sance,. He said the Code Enforcement Ad\'isory Co mmittee has re~o mmcnded tha t th~ current 30 d J y period o f vo luntary cleanup o f a nui sance is way too lo ng and that 14 days is a more reJ onJbl e 11me period fo r suc h cl eanups. He noted 1h1s will help C ode En fo rcement. .. It "ill make us a Ionic more e n, 1ent . more et fec u vc . :\I J)Or Bra d,h,1 w .,,,~ed of th ere \\ere any q ue stt o ns fo r Lieutenant Collins . There were no ne . ' • • Englewood City Council September 15, 2003 Page 10 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 . Mayo r 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 . 51. INTRODUCED BY COUNCIL MEMBER YURCHJCK A BILL FOR 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 ABATEMENT. Vote results: Ayes : Nays: Motion carried . Council Members Nabholz, Moore, Garrett, Wolosyn, Yurchick, 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 the establishmem of auto-related uses in the B-2 Business Zone District for a period of six months . She said this is not really going to be six months ... it is goi ng 10 be five months and two weeks. ls that correct? Mayo r Bradsha w asked if there were questions or discussion . The re were none . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (1) -ORDINANCE NO. 64, SERI~ OF 2003. ORDINAN CE NO. 64. SERIES OF 2003 (COUNCIL BILL NO . 62, INTRODUCED BY COUNCIL MEMBERS WOLOSYN/BRADSHAW) A BILL FOR AN EMERGENCY ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT OF AUTO USES IN THE B 2 BUSINESS Z ONE DISTRICT. FOR A PERIOD OF SIX MONTHS. Vo te results: !\11 1,un earned. Ayes : ays : Council Members Nabholz. Moore. Garren. Wolosyn . Yurch,ck. Grazuh,. Bradshaw one Re luuons and Mouons l •J Ho u,mg Fm.ince p«1ah,t Grimmett presented a recommendauon from the 0.:pJrtmenr ,,r nmmu nn ~ De,et pment 10 .idupt ~ re lut, n appro\Jn& a proposed aarecmenr for a ne, hne o t creJn \I Ith\ c,tr.1 B.in~ tv uppvn the .i..u, Ill u t the H~ini Rch.lb1htanon Enterpnse Fund he • .. • • Englewood City Council September IS , 2003 Page 11 sai d thi s line of c redit is needed for 1he continuati o n of the Housing Rehabilitati on Enterpri se Fund . As it says in the mem o, we anticipated that Vectra Bank wo uld prov ide us with the a.;reem,:nl prior to thi s 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 es sence 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 no t having that available , but it is kind of the essence of the program to continue o n because . without this particular agreement in place, it is going to be difficult for us to continue appro ving loans . We have been carrying, through cash reserves of the fund, all of the loans that have been approved so far. from the e~piration of the last agreement, and we are getting a little short. So to continue doing that, she said, we des perately need to have this in place, so that we can be reimbursed and then be able to continue on with o ther projects that we ha vc 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 sa id 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 arc 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 . Vcctra purchased all of the notes. I'm going back to when Wells Fargo withdrew as the lead bank. she said. They had been the lead bank prior. and that was approximately early to mid 90's, and Wells Fargo wanted to withdraw from that. Vectra Bank stepped up and purchased all of the outstanding noteS 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 relatiolllhip that we do have , there is a lot of support that the lead bank provides to us a·nd it is difficult to recreate that . This agreement would be setting up for this year and then three additional one-year periods, directly with Vectr a. Ma yo r Bradsha w said it is no t that it is a closed program though ? M s. Grimmett said co.+cc1 . <;:o un cil Member Yurchick said I heard differently. I heard that ii is a dosed program. Ms. Grimmett said it is up to the banks to participate with Vccrra and we request that they do that. It ha s never been a requirement in past agreements. Ma)or Bradshaw said -.hat would you like to see happen. Mr. Yurchick'? Coum:11 Member Yurchick said I'm not requesting a n RFP. but I th ink a nonce should be published or something, so there may be alte rnati ves out there. I jus1 look at this as being a closed program. Ma)o r Br ads ha w a ,d o kay . ma ybe that is hi storicall y an error that we have made . Co uncil Member Yurch,ck a ,d it a ys here that tn the past . several o ther banks ha,c participated. and now. allot J sudde n. \\C arc locked m wtt h Vec tra . ~1J)or Brad;.hJ" ,a,d they are acung as the lead bank. that doesn't mean that 01hcr bank can't pan11:1pa1e .. t ,, • • • Englewood City Council September 15, 2003 Page 12 Council Member Garrett s aid I think 1ha1 ii is fair. I think 1hc last thing you wanl is to have a revo lving bank every year and some of 1ha1 commilmem, also, is a par! of ii . I don 't disagree that we should look al o ther bank s . bu1 I think when o ne bank pulls oul, ii creates a problem ... as lead . Mayo r Bradshaw asked whal was it before Wells Fargo? Ms. Grimmcll replied Firs! lnlerstale. The Mayor said when ii was Firs! lnlerstale, Tom Dinkel served on lhe committee 10 help with Ibis . He was the firs! person who helped us do this, when we started Ibis home rehab loan program in the 70's. So then ii c hanged 10 Wells Fargo. bul that wasn't their main thrust, so then Vectra picked it up . ls 1ha1 correct'! Ms. Grimmett said thal is correct. Mayor Bradshaw said it wa s just because Tom Dinkel was a banker who believed in home rehab loans. 1ha1 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 . Co uncil Member Wolosyn said I guess I need to ask. arc you questioning that the additional one-year periods will need 10 be negotiated ? Mr. Yurchick said no, I am questioning the fact !hat it was a closed process. totally closed. Mayor Bradshaw said I disagree. I don't sec it as a totally closed process. I see one bank being a lead and o thers can join in if1hey want 10 . But, Mr. Yurchick said , after the fact . Mayor Bradshaw said okay. City Manager Scars said we could facilitate a study session, kind of an update. We can look al where we are now and then take a look at lhc process and decide how we should go forward . Then we can come back with some altcmalives . Council Member Yurchic.k said maybe nobody else is interested in it .. .J don't know. but I'm just saying 1ha1 it should be open to anybody who wants 10 participate. Mayor Brads haw said okay. Mayor Brad shaw as ked if there were any other questions for Ms. Grimmett. There were none . Council Member Wolosyn said I wish lhe bank 1ha1 has concerns would talk to all of us. instead of one per,on. II makes things muddy for me . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITE!\I I I (c) (I)-RESOLUTION NO. 77, SERIES OF 2003. RESOLUTIO NO . 77. SERIES OF 2003 A RE OLUT ION APPROVING THE NEGOTIATION OF A NEW LINE OF CREDIT WITH VECTRA BANK FO R 7 0.000 TO SUPPORT THE ACTIVITIES OF THE HOUSING REHABJLIT ATION Et\'TERPRISE FUND AND APPROVING THE C ITY MANAGER TO NEGOTIATE THREE \DDITIONAL ONE-YEAR PERIODS THAT WILL NOT INCREASE THE UNE OF C REDIT. \' o te nsults: ~l o uo n, med C0uncil Members abholz . Moore . Garrett. Wolmyn. Yun:htck. Grazulis. Brad~haw one ' • . .. • • • Englewood City Council September 15 , 2003 Page 13 Mayor Brad shaw thanked Ms. Grimmett. 12 . General Discussion (a) Mayo r's Choice u .· (i) Mayor Bradshaw said the groundbreaking for the Rocky Mo untain Medic al Center, on the o ld City Hall s ite, will be Thursday. September 25 1h 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 Transportation Steering Committee is holding a conference in Denver. They will be touring here on September 25'h at 3 o'clock. (iii) Mayor Bradshaw said I would like to compliment the Parks and Recreati o n staff on the groundbreaking of the aquatics facility last Friday . It was really well done . I can't believe how that staff ca n 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) Co uncil Member Garren said regarding the rumor of closing down, or taking the pla yground equipment o ut of Bates Logan ... that has never been talked about al any meeting I have auended , either here or at Parks and Recreation. There was a recommendation out of the Parks and Recreati on Commission that if the funds become available , then we would create an additional park, al Emerson Park . with playground equipment and make that more of an amenity park than ii is now , which has no amenities at all. So that was what the motion was . But, Mayor Bradshaw said, it was never in lieu o f Bate s Logan . Mr. Garrett said it is in addition to and. also. in wanting to create more park space. (ii) A resolution in support of the Arapahoe County Open Space Tax Ballot l ssu~ was consi dered . [C lerk 's note : This item was li sted as 12 (b) {i) on the Agenda.I COU CIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 78, SERIES OF 2003. RESOLUTION NO . 78. SER I 1 F2003 A RESOLUT ION SUPPORT!!',, , HE BALLOT QUESTION ASKING RESIDENTS OF ARAPAHOE CO NTY TO APP ROVE A .25 PERCENT SALES TAX IN ORDER TO PROVIDE DE DICATED FUNDS TO PROTECT OPEN SPACE. Mayor Brads ha w asked if there was any discussio n. Mayor Brad sha w said I a m goi ng 10 vo te for thi s because , I think . Ara pahoe County ts the o nl y count) in the Denver metro area that does no t ha ve an ope n space pro11ram and our open space 1s 1101n11 Jwa y r.ap,JI} I think it 1s really important . It is a quarter o f I per cent sales ta x. Half the mone y collecled comn b~ to the Cny 10 help \\i th parks and recreatio n. Plus there 1s an o pportunny fo r an add111onal 15 per ·cnt < f the' mo n1.:,. u n J grant ba;.1s. fo r different parks and rec reati o n programs "nhin ~o mmunllle I JU.I thin It " much be 11e r than the last propo;,a l that we had . I think we wt're 11emn11 :!5 per cent bac~ l -..c h.t,e !ht po 1ent1al 10 ge t 75 per ·c nt back in o ur communny. So. ,he s.uJ. I "111 be voun11 m fa\\>r o t th, t .. • • Englewood C ily Council September 15, 2003 Page 14 Cou nci l Member Ornzuhs a,d 10 rencrarc . n ,.a, o ne quaner o f I per ce nt. and ir will provide dedicated funds ro prorecr o ur open spa ce. Vote results: Mori o n carried . Aye,: Na ys: Council Members Nabholz. Moore , Garrett. Wolosyn. Yurc~ick , Orazulis. Bradshaw None (11i ) Council Member Wo losy n asked if the Parks and Recreation Commission is looking ar ialing acrion o n Bares Logan? Council Member Garrett said we basically had about an hour and a half of public comment at the last meeung and we will be raking it up :11 a fururc meeting . The Chairman has not discussed wherher it will be at the Nove mber meeting. It wasn't an agenda item, but all of a sudden it became a topic. so we hea rd from the pubhc and we will be discussing that issue at a later meeting . Council Member Wolosyn said I have concerns that this remain a question of 20 per cent of our off leash program for dogs and not bleed over into questioning programs that I understand are running well. I think that the longer "e go. that we may be in danger of that, and that concerns me. She pointed out that it wa s 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 . Mayo r Bradshaw aid 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 preserve public parks for all rhe pubhc. not jusr people with children, not just people with dogs and that we have to learn to work rogether o n this . I hope that both entities can come together. and work toward a positive outcome. ouncil Member Wo losyn said I agree. As I told you. I visited the park ... not enough ... but three or four r,me, O\'e r u weekend. and I be!icve, to me it looked as if there is a solution for co-habitation. I would like 10 see peop le move cowards that. ounc1l 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'r all positive. l 100 rhmk things can be worked out. but rm starring to feel that it is an entitlement to the folks who use rhc o ff lea,h program . There are a handful of Englewood residents that use that park. There are more from Denver . Granted .iris u public park. I must admit. people who used the dog park reall y cleaned it up , b.:cau.e the Saturday before when I was there . a soccer dad was beside himself. because the soccer field "a, loJded. If thl!y can keep it picked up , if they can put their dogs on a leash like you do, as a responsible O \\ ner. the n yes. things can be worked o ut . but I will be talking to Parks and Recreation. I don't think we ha,e hejrd the last of thi s ye t, she said . a nd I hope we <1:Jn get to a real se nsible solutio n for everybody. ~ljyor BrJdshaw said Chairman Gomes told me thar the y went to the off leash park a nd found live deposits Jnd wem ma lea,,hed park. Ro man s. and fo und forty-five . Yo u know, I think o ur staff has better thin gs to J o thJn count rha t stuff. but I think it proves rhe pomr. rhat JUSt be.:ausc it is off leash , doesn 't mean it 1s .:leaner o r dimer. That 1s wha t I am seeing. she sai d. because Ro mans is a very small park . C\iuncil ~!em ber :'labholz said I wis h yo u could have see n the park the Saturday morning that I went. pno r to j \\CC~ ago Saturday. The dad had six kids o ut there ... linlc girls ... und it was filthy . \IJ~N Brad,ha\\ ,aid the high schoo l is nor un off leash park and there are problems rhere all the time . ,, .... t ··~ .. • 1 . • • Englewood City Council September IS, 2003 Page IS 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 arc 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 . Th:at 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 dos run free . 13 . City Manager's Report (a) City Manager Sears said I have been honored to be a .peakcr on Diversity Wuhm Communities at the City Manager's Conference next week. I will be wuh a couple of other panch,ts from across the nation and I think there is some focus on what we arc doin& here in Enalewood. 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 bnq before Council. ••••• Mayo r Bradshaw said we need to decide about the Study Sc ioM. Is t1Y1 Cle.Ir th;at we do not ha,e Study Ses ions the next two Mondays'/ October 6"' will be our nut Study Scsuoo . We wdl have an Euc1111ve Session at the budget retreat on the 27"'. We need to set the umc or the EaecutJve Sc-,n at 11 :00 a.m ur do you want lo do it first ? Following a short discussion. it wu decided that the hec1111ve ScSllon "'111 begin at 8 :30 a.m . 15. Adjournment MAYOR BRADSHAW MO ED TO ADJOURN The meeun& adJowntJ .at 40 p m ~j~ . . ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Special Meeting Saturday, September 27, 2003 All Council Me mb ers pre se nt signed an ··ACKNOWLEDGMENT OF RECEIPT OF NOTICE'' of the "CALL OF SPECIAL MEETING AND NOTICE OF SPECIAL MEETING." l . Call to Order The s pecial meeting of the Englewood City Council was called to order by Mayor Bradshaw at 8 :-45 a.m .. in the City Council Chambers. 2. Roll Call Present : Absent: A qu oru m was present. Al so pre se nt: Council Members Nabholz. Moore, Graz uli s, Garrett . Wolo,, n. Yurchick, Bradshaw None City Manager Sears City Attorney Brotzman Assistant City Manager Flaherty Deputy City Clerk White Director Ross, Public Works Director Kahm, Capital Projects Director Simpson , Community Devclopmcnc 3. Ordinances, Resolutions and Motions (a) Directo r Ross presented a recommendation from the Deputmmt uf PllblM: W.,.-._ to approve a resolution to authorize Englewood's application for Federal fund1n1 ,n the_ -2010 Transportation Improvement Program ('I'IP). I wish to thank Council for rc.vr~11n1 ow ·hcdulc to allow us to take care of thi s. We had, kind of, a misunderstmdm1 ,.,th DR • he Id . to ,.hen th1 TIP a ppl ic ati on has to be in . It has to be in to them, in wri1in1. by October the ". the Onobcr 6• Counci l meeting would not work. So, thank you, he said. We ate aik1n1 you ~lllh.,r1u this apphc3t1on o n behalf of the c itizens of Englewood for the 2005-2010 Tlllllip0r1aoon lmpo,cmc .. f>roar;un . Thi s app licatio n include s a bike-pedestrian bridge at Dartmouth o,er the Pbnc R.-cr nJ ,1 b1 .. c -pedc tnan bridge at Oxford. at the golf course, where the golf cart are hann1 the bnJF "'"h the' b1cych t . which makes fo r a n interesting situati on. Bo b Simpson and I firml y bclie,e th;at RTO ~.all) need to ,tcp fon.ard o n a pedestrian tunnel beneath Sa nta Fe, but unfortunatel y there 1 ,1 p, li.:) dc\:1 10n t there. by DR OG, that says th at thi s really doesn't qualify as a tran s111mpro,emcn1 It II 1n the cnh;ioccmcnt c tc g ry. so while we are going to ap pl y for it , we are goi ng to go to RTO. ,r e kl t ,h..i,,cn. and say. ''thi s 1 yo ur project, guys . yo u need to be p-aying for the bull of th1 ·· nJ thefc 1 ,1 ~,1pph, uo n f, r the South Broadway Streetscape. On the last three TIP's we h ,e 3rphcd or 1h1 ,.nd It ~n·, :orcd "ell enough 10 ge t approved . Well. we received a phone call o n TucsJ.t~ ~nd the . ,J the~ h .. ne more enhancement mo ne y and th is project is a go if we want to pursue It I e · th1 1nl0 th1 )Car· TIP But \IC 1111 need to incl ude this ,n our applicati o n . beca~ the Je 1 ,on 111 nut maJe nul after th1;, apphcati on ,s m. \Vuh yo ur concurrence. we can go ahead and do the trcct .ape rt• ·t. Ir m Tun Jown to Bellcv1e,~. in the next )Car o r ,o. So again. tlu s 1s rc;ill , foun.l mo.,nr~ ~ e nen 't pl,111run11 o n and Bob Simpson has gra~1 o u,ly stepped fo n,ard "uh h1 uth Br....,;J ~, \.; 111,n Pl n mo>nc, there 1s 100.000 .00 still in that bud get. that he 1s willing re, rmne inro 1h1 h) an add11ional S I 00,000.00 rhat \\C "111 hJ,c t, tr~ , hnJ o pportun11y , he ,aid. becau c on.c "e let 11 , e nhanc e ment mo ne y a nd then \\C ..re ' ... t .. .. • • ; Englewood City Council September 27, 2003 Page2 Mayor Bradshaw asked if there were any questions . Council Member Garrett said I am always confused as to how this works . Did DRCOG . all of a sudden acquire more money ? Director Ross said, actually , when they do the TIP they really don't know for sure how much money they have. They make their best guess . Then once all the dust settles, then they figure out, after we have done all this exercise , how much money they really have and for some reason there was even more additional money from the last time they did their estimate. So. Council Member Garrett said, in essence, it drops down to a lower number . Director Ross said yes . Plus , Mayor Bradshaw said. we produce too ... we have our positive record and it helps a lot. Director Ros s said that is very true . They keep coming to us . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 3 (a) • RESOLUTION NO. 79, SERIES OF 2003. RESOLUTION NO . 79, SERIES OF 2003 A RESOLUTION AUTHORIZING APPUCATION FOR THE 2005-2010TRANSPORTATION IMPROVEMENT PROGRAM. Mayor Bradshaw asked if there was any further discussion. There was none. Vote results: Ayes : Nays : Absent: Motion carried. 4 . Adjournment Council Members Moore, Garren. Wolosyn. Yurchick, Grazulis, Bradshaw None Council Member Nabholz DSHA W MOVED TO ADJOURN . The meeting adjourned at 8:50 a.m . • • Winners list for 2003 All Souls 1 •1 Keary Eaton & Mallory Holstein 2nd John Andres 3rd Savannah Nelson St. Louis 1 •1 Jackie Hugger 2nd Alec Womeldorft 3rd Meghan Becker Maddox 1 •1 Stephen Daugherty 2nd Nancy Denford 3rd Jared Ward Clayton 1 at Jamie Thompson 2nd Randall Kloewer 3rd Joe Hoogendyk Bishop 1 •1 Cassidy Pilling 2nd Catherine Marie Meyer · 3rd Scout Harris Charles Hay 1 •1 Rebecca Erickson 2nd Lilith Jacobs 3rd Hannah Erickson Cherrelyn 1 •1 Danielle Renaud 2nd Anna Schulz 3 rd Slone Hamilton • • Lou Ellls From: Sent: To: Cc: Jeanne Kelly Wednesday, October 08, 2003 3 :23 PM Mark Graham Lou Ellis Subject: Speakers Lou asked that I send you a list of speakers regarding the Broadway Plan from the City Council meeting of October 6, 2003. Scott Smolarczyk, 3195 South Acoma Beverly Cummins, 3048 South Acoma Al Gordon, 3045 South Acoma Darlene Worsham, 3160 South Lincoln Neal Maisch, 2939 South Lincoln Laura Strickland, 3195 South Acoma William Martin, 3821 South Bannock Gary Athey, 3100 South Bannock • • Vote No on 33 Pr1n1111rs II race track CISIIIS 11 e111ra111 ClllhlWIIII their slots do•. Paid for by Don't Tum Race Tracks Into eas.ios. John Dill Chaitman -itsabiglie.oam j • • . ' • • W embley USA owns four race tracks in Colorado . Their parent company, Wembley PLC of Great Britain, owns a race track in Rhode Island at Lincoln Park. Horse and dog racing doesn't generate much revenue , so Wembley talked the Rhode Island legislature into letting them install "video lottery terminals" at Lincoln Park. They told the legislature these were video lottery terminals, but they advertise the devices to gamblers as "slot machines". That's because video lottery terminals and slot machines are almost identical. a...ac-.... ............. ___ _ Th e de ,·iu on the lt'ft Lt II slot #Ulchine -the ont' on tht' right II VL T. Wembley wants to start making big bucks at their Colorado tracks , too. They asked the legislature four times to let them install slot machines, like the ones in Rhode Island, at their Colorado race tracks. Three times the Colorado legislature sai d 'n o , the final time rejected by the governor. We mbley has given up trying to get permission from the legislature. Instead , they 've written up their own sweetheart deal , submitted it as a constitutional amendment, and will be asking Colorado voters this November to give them permission to put thousands of slot machines at Front Range ra ce tracks . Paid for by Don 't Tum Race Tracks Into casinos, John DIii Chaitman -.itsabiglie .com t • • • W hen opponents of Wembley's Colorado scheme pointed out the "big lie " behind the whole plot , that 'vi deo lottery terminals ' are just a fancy name for slot machines, th e company panicked. Their Lincoln Park web si te that once lured gamblers with slot machine ads was scrubbed to delete the words "slot machines" and substitute them with "vlt." ......... ila:• J-', ._,,i... ( ;,\Ml~· I ~ ""'. . . . dAy PAIRO~ 'MN $9,000,000 A 1IIEEI< Al LiNCOIN PARk W (h over 2.200 al ll"e i.-t vldao skll ,,_,...,_ •P<-lhf"OUllho<A lour i-..tiflA. spaclcua roc,rna1 u.-tn .... ia you- home for the beet ---action. An,<Jwllhour .--p,cvec•lv• •lot nachir.., Individual Jackpots atart at 1311.--_ ,...,i.y patron• hnie won ewer 1390,000 r:1 k r rA to vl&w' some dour rtlCMlt wrYlfW1!1 on the orogres,1ve slOI mecn.-- You nust be et least 11 yew1l old to en• Uncoln Pn Li11co/11 Park ll'ebsite be.fort' 'big lit'' exp,N'd. .'T°l""'I Tl All you have to do is look at their web site (www 1tncolnparkr1corn ) to se e that "VL T's " look a whole lot like slot machines , and the ir "racet rack " looks a whole lot like a casino . Paid for by Oon ·t Turn Race Tracks In to Casinos John D,tt Chairman www 1tsa b1gt,e com > I· W embley wrote themselves a sweetheart deal to bring casino gambling to Colorado's Front Range. The Colorado race track casinos would not have to follow any of the rules for casino gambling laid down by voters more than a decade ago. x Wembley exempts themselves from the state gaming tax, of which 35% was reserved to reimburse host communities for the local impact of casino gambling. x Contrary to the 1994 constitutional amendment protecting local control, Wembley exempts themselves from having to obtain voter approval in the five communities where they'd be setting up their casinos (Loveland, Commerce City, Arapahoe County, Colorado Springs and Pueblo); x In 1990, statewide voters required casino gamblers to be at least 21 years of age; Wembley is exempted from this requirement, allowing anyone over the age of 17 to wander in to their casinos. x Wembley's slot machines are purchased by Colorado, not Wembley. x The state could not impose any rules on the Wembley casinos if Wembley can prove to the state that the rule would interfere with making a profit. It's a great deal for Wembley, but a lousy deal for Colorado. Paid for by Don 't Tum Race Tracks Into Casinos, John Dill Chainnan www.ltsabiglie.com t • • Worse than expected! ·• • Don't Tum Racetracks Into Casinos P.O. Box 18459 Denver, CO 80218 www.ll sABigLi e.com 'filE R>Sf -- PRSRT STD US POSTAGE PAID PERMIT #34 73 DENVER . CO WorSii ''lhlU ''IIIIHIIII!·~~ - . ~ '1·'~ :.;,~ ... ' '' Wembley slllDds lo emmdeee betwem S7S mil- lion and $100 million a )'m' 8bollld Cabido wt- as in NoWll.liler allow the IIIIO ID ialllll video pmina macbines at ils .... racdllCb. The com- pany has budgacd $10 millioa b die cmpian, acconliDg ID finmcill 7 7 _.. ilud 'Dlllllday. \\anbley's sloc:k. wbicb 1ladel on die Fl'SE 250 in the Unillil Km,dom and l3uropo, ha willld in 2003. The company's m:t price ........ in March whffl the CIOlllpmYS leldea mvealllll ... significant possibility cl clliml or-.." 1711aa- from a srand jury ~-ao The grand jllly is inYelliglctns ........ \\anbley planned lo IDllle .... nallioHolllr paymen7s ID m inledcml RblJde tallllll lDDllley b lix ,... 1'he .-Jury iavcrnq ..... c,nntiaeee '-ibis al1eplioa implies .,......,, lerklus oft'enaesMnQWi ,· 2 ~ ... \ltanllley~ a.. Hlltam WIGie ia die ~·1 m-moasb fiaw:ial • ...., i.flUld Thunday. 'TheR NIDlinl ...... pollillilily ~ c:lliml orcbllpllllill...,.....___.coalll._. __ dll er.ma ,.. - Wemblev is under investigation. So Wembley has set aside IO million corporate dollars in London to be funneled to Colorado to try and pass amendment #33 . If their gambling scheme passes, Wembley gets 39 % of the take at four of the race tracks. That means billions of Colorado dollars for Wembley. It's a scheme that might drive Wembley 's stock price up in England, but it will devastate Colorado if they get away with it. That 's why Wembley should tell the truth about the grand jury investiga- tion in Rhode Island . And tell the truth about amendment #33 . Colorado voters deserve all the detail s. It 's time for Wembley to stop the "Big Lie" campaign . I " 1 f It's time tor wemblev to -1ess up." Don't Tum Racetracks Into Casinos P. 0. Box 18459 Denver, CO 80218 (720) 889-0804 Qrgapizatiops omc1a11y Qppose4 to the YLI Iplt1at1ye Adams County School District 14 Action 22 Adams County Commission American Society for the Prevention of Cruelty to Animals Colorado Charitable Bingo Association Colorado Counties, Inc. Colorado District Attorney's Council Colorado Municipal League Colorado Preservation. Inc. Colorado Springs, School District No 11 Colorado Springs City Council Colorado Springs Visitors & Convention Bureau Commerce City Council County Sheriffs of Colorado, Inc. Downtown Denver Pannership, Inc El Paso County Commission Freemont Economic Development Council Ft . Collins City Council GREY2KUSA Historic Boulder, Inc Historic Denver, Inc Historic Georgetown , Inc Humane Society of the United States Jefferson County Commission Larimer County Commission Manitou Springs City Council Pueblo Chamber of Commerce Denver Post editorial Red flag over Amendment 33 Thursday, September 11, 2003 -The federal Indictments of two top executives of Wembley, the British company seeking voter approval to put video slot machines at Colorado racetracks, are about as huge a red flag as we've seen In a long time. Granted, an Indictment is only an accusation. The truth of the matter remains to be proven In a court of law, and the defendants, who have been accused of attempting to bribe a Rhode Island legislator to the tune of $4.5 million In exchange for his support for a video lottery scheme, are presumed Innocent. But such legal niceties are binding only on the judicial branch -private citizens (voters Included) are free to step back and reach their own conclusions about Wembley pie and Its Wembley USA subsidiary. Wembley's chief operating officer, Nigel Potter, and Daniel Bucci, CEO of the company's Lincoln Park racetrack and casino In Rhode Island were named In a 22-count Indictment alleging they conspired to offer the Pawtucket, R.I., law firm of state Rep. John Harwood the money In exchange for his help In persuading the state lottery commission to allow Installation of 1,000 video lottery terminals. Neither Harwood nor the firm collected any money and weren't charged. Wembley USA has budgeted $10 million to sell the racetrack casino concept to Coloradans, asking them to permit 500 of the video slot machines at each of five tracks, Including four that It owns In Pueblo, Colorado Springs, Commerce City and unincorporated Arapahoe County. Cloverleaf Kennel Club owns the fifth track, located In Loveland. The Wembley group has pitched the machines as a way to help fund open-space protection and promote tourism In Colorado, calling the campaign "Support Colorado's Economy and Environment.• The proposal, which will be Amendment 33 on the November ballot, Is opposed by existing casinos In Black Hawk, Central City and Cripple Creek, as well as the Colorado Municipal League, Colorado Counties Inc. and other groups, Including the County Sheriffs of Colorado. The Rhode Island indictments should alert federal and Colorado state law enforcement officials to take a closer look at Wembley and its operations here. John Dill, a political consultant advising the opposition group called Don't Tum Racetracks Into Casinos, took Issue with Wembley's denials that the indictment had anything to do with Its Colorado operations, noting that Potter was on the board of Wembley In Colorado and that the Indictment cited faxes between Wembley officials in Rhode Island and Its officials In Colorado. Supporters of Amendment 33 can no longer claim they didn 't know "the kind of company they were crawling Into bed with,• Dill said. As we noted before, Amendment 33 Is a bad deal because unlike the Colorado lottery, which devotes 27 cents of every dollar to pay for parks and open space, Amendment 33 deals with a percentage of the net profits and could pay out as little a 6 cents on the dollar to the state. Worse still, It has no provisions to cover costs such as Increased traffic or social problems for local governments. And worst of all, local communities won't have the right to approve or disapprove new casinos. In our own personal affairs, we'd be extremely hesitant to trust somebody who's been Indicted where money is concerned, presumption of Innocence notwithstanding. We might have been born at night, but It wasn't last night. And we're not so long off the farm that we no longer recognize a pig In a poke. ,. t .. < • ! • • Denver Post editorial Slot machines are a sucker bet Sunday, August 24, 2003 - Foreign gambling Interests have unleashed a $10 million campaign hoping to convince Coloradans to inundate the Front Range with at least 2,500 slot machines. Voters should crush proposed Amendment 33 as overwhelmingly as they have rebuffed previous attempts to introduce casino gambling Into the metropolitan area . For openers, let's be very dear that the proposed horde of slot machines is Just that: a horde of slot machines. The promoters - who advertised them as slot machines In other states -retitled the devices "video lottery terminals" In Colorado to capitalize on the good will citizens have for the long-established state lottery. In truth, the only real difference between the VLTs promoted by British-owned Wembley USA and traditional slot machines Is that the VLTs don't pay off ln coin. Instead, they discharge a kind of script that gamblers can exchange for cash. W•!mbley's attempt to say that paying off In script exchangeable for money Is somehow different than paying off In money Is akin to claiming that a hundred dollar bill isn't worth as much as a thousand dimes because the C-note Is printed on paper. The Colorado lottery also puts its proceeds to far better purpose than the slot machines proposed by Wembley . Last year, the lottery returned 58 cents out of every dollar bet in prize money. Another 7 cents went to retailers, and 8 cents went to pay lottery suppliers, advertising and administration. That leaves 27 cents out of every dollar for parks and open space, as endorsed by Colorado voters. In contrast, promoters of the slot m ach ine t sunam i say If voters approve putting at least 500 slot mach ines at each of the state 's five racetracks in Arapahoe County, • Comme rce City, Loveland , Colorado Springs and Pueblo, that 61 percent of the "net VLT proceeds" will go to the state, with part of that money earmarked to promote tourism . The promoters would obviously like you to believe that the "61 percent• they promise Is more than the 27 percent delivered by the lottery. But look at the fine print. The 61 percent that Wembley Is promising applies only to "net VLT proceeds " -net profits after all expenses are deducted, lndudlng payouts to bettors and operating expenses. If that net profit Is 10 percent -a reasonable estimate -the state would get barely 6 cents out of every dollar pumped Into the slot machines -less than a fourth of the 27 cents of each lottery dollar that goes to parks and open space. That's bad enough, but then! Is worse to come for voters In the arcane language of Wembley's Initiative. Wembley wrote Its proposal so as to exempt the new Front Range casinos from the state gaming tax paid by the existing limited gaming casinos In Black Hawk, Central Oty and Cripple Creek. That tax averaged 13.8 percent of those casinos' gross revenue last year (not the net profit used In Wembley's proposal). The lion's share of the gaming tax goes to fund historic preservation, which could be undercut If gamblers migrate from the historic mining towns to the new Front Range casinos. But there's even more bad news for the five communities that would become the unwlr'a ng hosts of Wembley's new casinos If Amendment 33 passes. Thirty-five percent of the existing gaming tax goes to the host communities to deal with the Impacts of the culnos, such as traffic, parking and law enforcement. In contrast, the cities forced to host the Wembley casinos wouldn't get one dime - nothing, nada, zero, zilch -to cope with the Inundation of their streets and neighborhoods. Nor would the targeted communities have the right to tum down the new casinos . Wembley -which owns four of the five racetracks that would be converted to casinos -wnxe Its proposal to exempt the new casinos from the provision of a 1994 state constitutional amendment giving local communities the right to approve new casinos. If Amendment 33 passes, Loveland, Commerce City, Arapahoe County,-Colorado Springs and Pueblo will face a lousy offer they literally can't refuse . Do we really have to degrade our neighborhoods and destroy our tradition of local control Just to hustle a few bucks to promote the tourism Industry? The answer Is an emphatic •no.• Gov. Bill Owens -with the enthusiastic support of The Denver Post -convinced the last legislature to appropriate $11 million to promote Colorado tourism this year. If the Wembley scheme passes, the legislature would probably cancel that appropriation In future years . So, the slot machine profits earmarked for tourism would have to exceed $11 million before tourism got any new money. Tourism generates millions In state revenue through the existing 2.9 percent state sales tax -and that tax Is thus the best source of money for tourism promotion. Forcing Front it.,ge communities to accept thousands of slot machines In the vague hope of Increasing tourism funding would be the worst mistake since Esau sold his birthright for a rneu of potage. • t .. • • 0 Rocky Mountain News Vote 'no' on casino measure ,Septernber6,2003 We've got a simple message for those behind a ballot measure to tum one horse and four dog tracks In Colorado into video lottery casinos: You're violating a 1992 voter-backed measure requiring local consent tor any new gambling centers. Go back to Commerce City, Arapahoe County, Larimer County, Colorado Springs and Pueblo and get the residents' permission first. Then ask state voters if they want to endorse the creation of five more casino sites. The 1992 measure requiring local consent tor gambling was no fluke. It passed by II monster landslide of 76 percent. So how does the current gambling initiative, Amendment 33, get around it? Through II clever but transparent ruse: It says that the 2,500 gambling machines to be divided among the five sites will be video lottery terminals, not slot machines, and will be regulated as lottery games by the lottery commission instead of the gaming commislon. In appearance and function, however, these terminals will be similar to traditional slot machines and play similar games, such as video poker and blackjack. The main difference is that 11 gambler inserts bills instead of coins into a video machine and gets II redeemable voucher instead of an instant payoff. Even if you think there's nothing wrong with II ballot measure that finesses a constitutional mandate, you still ought to object to the sweet deal this initiative represents tor Wembley, the big British company that owns four of the five tracks. If the General Assembly had decided to expand casino-type gambling to the Front Range and offered such II proposal to voters, most of us would be thunderstruck by the rank favoritism showered upon II slngle firm. The measure not only grants Wembley a near monopoly on casino gambling along the Front Range, it actually requires the lottery commission to regulate the new casinos primarily with an eye to maximizing profitsl Would the gaming centers be open all night? Would 18-year-olds be allowed in? Will the 2,500 machines soon become 5,000 or more? Given the mandate to maximize profits, the answer to those questions might well be yes. Nor is that all . Although Wembley will pocket 39 percent of the net gambling revenue, It won't even have to buy the video games. The state's share of revenue will be tapped tor that. If the state is going to expand casino-like gambling to the Front Range, shouldn't it maximize its take by auctioning the right to operate these monopolies? And shouldn't the revenue split be determined through negotiation? We haven't said a word yet about the ostensible purpose of Amendment 33 : to boost Colorado tourism by earmarking up to $25 million to promote the state's tourist attractions. That's why lawmakers such as Republican Sen . Jack Taylor of Steamboat Springs and groups such as the Colorado River Outfitters Association are pushing the measure, and we sympathize with their objective . More tourism promotion would indeed help the economy. Yet that's no excuse for embracing a one-sided bonanza for a huge gaming company. We frankly doubt that most Coloradans want their government to get ever more dependent on gambli ng . We certainly don't. But even if a majority of voters don't mind an expansion of gambli ng i n pri nci ple, they still should vote no on Amendment 33 . It's a lousy deal -and an affront to l ocal communities who were promised they'd have II say in any such scheme . Copyright 2003, Rocky Mountai n News . All Rights Reserved . t .. .. • • Rocky Mountain News Why take a chance with Wembley? September 12, 2003 It may be a little too soon to declare Amendment 33 dead, but the campaign to bring slot machines to the Front Range keeps coming up lemons and might as well be put out of Its misery. The latest public relations disaster was the federal bribery Indictment In Rhode Island Tuesday of two executives associated with Wembley, the British company that Is sponsoring the Nov. 4 ballot proposal. Last month, a former financial officer for Wembley USA who lives In Colorado sued the company and two top executives . She daimed, among other things, that she was forced out of her job in December after testifying before the federal grand jury that returned the Rhode Island Indictment. We know, we know· Indictments aren't convictions and the defendants are Innocent until proven guilty. But they're political and PR poison, nonetheless -and In this case, rightly so. Leaders In the tourism industry, which Is supposed to profit from the revenue produced by the additional casinos at five race tracks, held a news conference Wednesday reaffirming their support for the amendment. But how long will It be before they ask themselves If they want to be linked forever with a company like Wembley • which owns four of the five tracks? If Wembley Is guilty, after all, we aren't likely to know until after the November election. Now, we hold no particular brief for the existing casinos In the three mountain towns where gambling Is legal and are far from overjoyed to find ourselves their ally In the effort to defeat Amendment 33. But the Indictment and the civil lawsuit do focus needed attention on the regulation of the new casinos proposed by the amendment. Wembley has chosen to place Itself under the lottery commission, not the gaming commission, and It's not clear how much control the former will be able to exercise • even If It wants to. As we said In an editorial Saturday urging a "no" vote on the amendment, the proposal not only grants Wembley a near monopoly on Front Range casinos, It requires the lottery commission to maximize profits. This could mean letting the casinos stay open all night, permitting 18-year-olds to gamble or expanding the number of slots at each track from the proposed 500 to who knows how many. And the criminal record of the owners, If any, may be dismissed as Irrelevant. This proposal merely specifies that the owners of the dog and horse tracks licensed as of Jan. 1, 2003, be allowed to Install the slots (the promoters prefer.to call them video lottery terminals) once they fill out the proper form . n,e gaming commission, on the other hand, does extensive background checks and won't allow anyone convicted of fraud or other felonies within the past 10 years to be licensed as a casino owner. Would the lottery commission step up and Implement Its own tough regulations regarding a history of criminal behavior? We asked a couple of lawyers familiar with gambling law and got conflicting opinions . We say, why take a chance? Vote "no" on Amendment 33 . Copyright 2003, Rocky Mountain News. All Rights Reserved. t .-._ .. • • -= ... The Daily Camera An unsure bet Video lottery terminals a foul Idea September 5, 2003 The Colorado Constitution is the state's guiding light, its statement of principles, its rock and redeemer. Why, then, should this document be rewritten for the benefit of an industry that profits from gambling? It shouldn1 be. This Is something voters should keep in mind as they consider Amendment 33, which will be on the statewide ballot this November. Under the proposal, 2,500 "video lottery terminals" would be placed at racetracks along the Front Range . Flll9 hundred VL Ts would be Installed at the horse racetrack In Aurora, and 500 of the machines would land at each greyhound track , which are In Loveland, Commerce City, Colorado Springs and Pueblo . A "video lottery termlnar is a slot machine with a boring name . Amendment 33 would essentlaly tum race tracks Into casinos. And It would do so predominantly for the benefit of Wembley, a British corporation that owns four of the five racetracks In Colorado . A casual voter might not notice this, because the proponenta emphasize video lottery's potential benefit to the state . If the measure pall8d, the proceeds (after racetrack commissions) would fund local parks and recreation, state parka, open space , tourism and public school construction . Up to $25 million annually would subsidize Colorado's touriem industry. That amount would more than double what was spent on tourism this year -and this yea(s expenditure was five limes greater than last yea(s . Proponents of Amendment 33 trumpet the potential benellta lo the IOurlsm Industry. In 2002, the state spent $2 .5 million marketing our Rocky Mountain high. A study commissioned by the stale calculated that this effort generated 1.86 mlUion visitors, who spent $522 mllllon, which generated $32.4 miNlon In tax ,-iue. The study concluded that each tax dollar spent advertising tourism generated $12 .7 In,_ tax funds. Amendment 33's proponents would be pleased lo have you Infer that increNing the tourism budget by a factor of 1 o will yield a tenfold increase In tax funds . They'd probably allo like you to believe It would cure caicer. The odds 818 against both results . But even if video lottery were a sure bet to ju1111rstart the tourism trade, it does not follow that this funding scheme is the best way to generate the marketing dollars. A fiscal analysis done by the state estimates that by 2006-07, video lottery terminals would g**8le $165 .6 million . Racetracks owned by Wembley and the other corporation would get $64 .6 mlllon. Parks , open space , louriem and public school construction would get $86.2 mlNion . But such a benefit would come at a cost . The measure would probably 8IOde the clienlele at the already...iabllshed gambling towns -thereby diluting those towns' gambling operations' contribution to hlaloric preaervatlon and other purposes. Additionally , the videoilamlng scheme would plant 2,500 slot-machine facsimlles In five communities that may not aspire to be gambling towns . Amendment 33 would pre-empt these communities' constitutional right lo keep gambling out . Furthermore , Amendment 33 is a legalized get-even-richer scheme for racetracks , which, partiallarly for greyhounds , are cruel business . Colorado already offers a host of ways for the casual and the compulsive gambler lo part ways wlll1 her money . Video lottery term ina ls would only offer needless and potentially hannful duplication of a.vlcN. Don't take this bet Vota no on Amendment 33 . Co pyright 2003, The Daily Camera . All Rights Reserved . • • (J The Steamboat Pilot VIEWPOINTS Our View: Missed mark Sunday , September 7, 2003 There should be no debate --Colorado needs to spend more marketing Itself to potential visitors across the nation and wor1d. On that score, state Sen. Jack Taylor and other advocates of the COiorado Tourism Initiative deserve aedlt for trying to find a consistent source of revenue for tourism promotion. But while their Intentions are on target, their solution misses the mark. The Initiative, Amendment 33 on the November ballot, should be defeated. The Initiative would allow up to 500 video lottery terminals In each of the state's horseradng and dog tracks In Arapahoe County, Commerce City, Loveland, Colorado Springs and Pueblo . The state would collect 61 percent of the net proceeds from the terminals . Proponents predict the Initiative would raise $25 million for tourism promotion and would allow video lottery terminals In existing gaming establlshments only, thus minimizing the expansion of gambllng. And the program would be overseen by the Colorado Lottery Commission, generating millions for Great OUtdoors COiorado each year. But there are a number of concerns about the plan, lndudlng the risk of banking on gambllng for revenues, the lack of funding to the communities affected and the structure of how the revenues are disbursed. Not surprisingly, the state's three limited gaming casinos oppose the Initiative. A dog or horse track with 500 video lottery terminals --which operate much like slot machines --becomes a more direct competitor to the casinos . The casinos are right to be nervous --gambling dollars are not Infinite, and no doubt some of the terminals' success will come at the expense of the casinos. Considering the casinos pay a 13.8 percent gaming tax, losses they suffer will diminish some of the state's gains from the video terminals. Also, It should be noted that 35 percent of the gaming taxes goes to the casino communities --Black Hawk, Central City and Cripple Creek --to help with the Impact of the casinos. The Colorado Tourism Initiative offers nothing to the affected communities --not even a say In whether the terminals can be Installed. Finally, there is the distribution of proceeds . Proponents tout that 61 percent of the revenues will go to the state. But that is net revenue . The lottery pays 58 percent of Its proceeds In winnings, another 7 percent to retailers, 8 percent for administration and 27 percent to the state. Horse-and dog-track owners will net 39 percent of profits from the video terminals. The state's 61 percent share comes only alter payouts and other costs associated with the terminal's operation are deducted. Taylor says the Initiative will be a "shot In the arm" for the Colorado economy . What he should say Is the in it iative will be a shot In the arm for Wembley USA , owner of the horse track and three of the dog tracks . Wembley Is Its leading advocate . And why not? More than anything else, the Initiative offers Wembley a way to reverse declining fortunes at Its tracks . Last spring , the General Assembly approved $10 million In spending on tourism promotion at the behest of Gov . Bill Owens . The 43 percent Increase raised Colorado from a ranking of 34th nationally In tourism spending to 25th, according to Longwoods International . Owens and the Legislature made the right Investment, one that will lead to more tourists and more sales tax revenues . But in the long -run, Colorado needs a more stable funding source for tourism promotion, such as ded icating a portion of the state sales tax . Such a plan would not be easy to sell to voters, who shot down 1 similar measure 10 years ago . But It Is a better way than the bettor way proposed In Amendment 33 . Co pyright 2002 The Steamboat Pilot , all rights re serv fd V1s1l us at http ://w ww .steamboatp1lot.com ' • • FOR IMMEDIATE RELEASE July 9, 2003 CJ CONT ACT: Katy Atkinson, 303/861-4828 or 303/525-3167 ( cell) FRONT RANGE CASINO FOES LAUNCH CAMPAIGN TO EXPOSE "THE BIG LIE" Opponents of a controversial initiative that would bring casinos to horse and dog tracks along the Front Range have launched a campaign to expose what they call "the big lie" behind the initiative effort. In a radio commercial that began airing across Colorado today, opponents charge initiative sponsors with trying to conceal their proposed 'video lottery terminals' as being any different from the slot machines currently in use at the sponsor's racetrack facility in Rhode Island. The ad points out that the measure is being pushed by a British firm, Wembley, which owns four of the five Colorado tracks to which casino gambling would be expanded, along with a dog track in Rhode Island that currently houses thousands of slot machines, like those proposed for Colorado. "Wembley is calling these machines 'video lottery terminals' in Colorado, because they know voters would never intentionally authorize slot machines along the Front Range," explained John Dill, chairman of Don't Tum Race Tracks Into Casinos. "They refer to these very same machines as 'video slot machines' on the website promoting their Rhode Island race track/casino (www.lincolnparkri.com/gaming/index.html). If they won't be straight with voters about the kind of machines they' re talking about, how can we trust them to be honest about anything else?" Colorado voters turned down gaming expansion initiatives in 1992, 1994 and 1996. The Colorado legislature turned down Wembley's race track/casino scheme three times, as well. It was opposed by Roy Romer when he was governor of Colorado and the current proposal is opposed by Governor Bill Owens and State Treasurer Mike Coffman. "Once you acknowledge that the machines that will be installed along the Front Range are slot machines, the real ramifications of the measure become clear," said Dill, who served as Colorado's economic development director from 1995-1998. "It's a great deal for the London folks who run Wembley, but a lousy deal for Colorado families, taxpayers and communities." Dill pointed out: • The Wembley petitions propose the largest expansion of gambling in Colorado history, moving casinos to the Front Range and allowingl8-year-olds to gamble at those casinos. • While the initiative itself is silent on the subject, supporters have made it clear that they expect Colorado taxpayers, via the Colorado Lottery, to pay for Wembley's new slot machines. • Communities with race tracks --Commerce City, Arapahoe County, Loveland, Colorado Springs and Pueblo -will get casinos whether they want them or not. Plus, no provisions have been made to help those communities deal with the financial and social impact of slot machine palaces . Along with the radio commercials, race track casino foes have launched a web site - www .itsabiglie.com --which exposes and documents all of the "big lies" involved in Wembley's petition effort . ### • • ·• • • • .--~. l I i l I ~) ( . . How To Tell The Difference Between A .Slot Machine and a VLT? "Video slots are stand-alone machines offering a variety of electronic games that utilize a built-in hopper. Using the same hardware and modular design , hoppers can easily be exchanged for a printer; changing the machine to a VL T." Company brochure of Video King Gaming Systems . a leading slot machine and video lottery term in al manufacturer licensed by the Colorado Gaming Commission as a vendor to Colorado limited-stakes mountain cas inos . • Easy 10 ...., for p1ayors and op<1alOI> • N u111p1o &vne 5doator, opC1mlze Heh macNne 's u:,.we via coud1wtaeen or button l<Chnology • Eoct18Mll0 bunlqueand ortgtnoJ In dels,, for moxJmum play,,,-lnh:raaton • ~blly-s,,<d •II· metal -c.ulno-sty!e ""-c-1n ... · c1r-, deols> prowtdes -lle,dbllly m -at mol-..na, • ..__!CIOfflS pt<Mdo ~occount1r1sm ...-.,. CXlMffl ·"--- The mach ine on the left 1s a Slot Machine The machine on the nght 1s a Video Lottery Terminal ---•-T • ., I ~ •_, • / -4! •· • Don't take our word for it ... ·s1ot machines are a sucker bet.• "Voters should crush proposed Amendment 33 as overwhelmingly as they have rebuffed previous attempts to introduce casino gambling into the metropolitan area.• •Video lottery terminals a foul Idea.• • Amendment 33 would essentially tum racetracb into casinos. And it would do so predominantly for the benefit of Wembley, a British corporation which owns four of the five racetracks in Colorado.• ·Vote •no• on casino measure.• • ... even if a majority of voters don't mind an expansion of gambling In principle, they still should vote no on Amendment 33. It's a lousy deal -and an affront to local communities who were promised they'd have a say in any such scheme.• ·Missed mark.• "Taylor (State Sen. Jack Taylor, R-Steamboat Springs) says the initiative will be a 'shot in the arm' for the Colorado economy. What he should say is the initiative will be a shot in the arm for Wembley USA, owner of the horse track and three of the dog trades.• •1s Colorado game for video crackr The SINmbo.t l'ilot Septwnl», ,. 1003 • ... In a way, that's what State Sen. Jack Taylor is trying to do In drafting his plan to get Keno, video poker and other video-gambling machines at state racetracks. It's easy money, siphoned from worltin9-1lass people ... Sorne call it 'video gambling.• Others call it 'video crack.• Vote 'no' on Amendment 33 It's a big lie! • • "The latest expansion proposals mainly involve video lottery terminals, which are widely agreed to be among the most addictive forms of gambling, and the least likely to create jobs in a community or generate other positive economic effects.• NrN York Times 5118/2003 The Rev. Nancy Jo Kemper, executive director of the Lexington-based Kentucky Council of Churches, told the House committee members last night that the state •cannot gamble its way out of a financial crisis."She called slots at the tracks •a sin tax• and said many states that have expanded gambling are in worse financial shape than Kentucky. Ttt. Lulngton HB•ld LNtm l/1112003 "The whole sense of making the state budget so dependent on gambling revenues really changes the very nature of government.• said the Rev. Stan Bratton, coordinator of the Western New York Coalition Against Casino Gambling.• luff•loN.ws l/1512003 One thing already clear is that states that approve or expand gambling as a stopgap measure are making a lasting commitment. Once the industry is in the door, it only grows more powerful. Sutes grow dependent on the revenue gambling provldes ... turning to gambling is like borrowing from a loan shark: The bills mount even as the opportunity to brNk free dwindles. Times Union AltaatlJl NY 1/2tll2003 Already the spin from the lobby -the third house of the Texas Legislature -is incredible. Referring to the slot machines as a "video lottery" is one example, and insisting that t hey wouldn't really be expanding gambling in Texas Is another ... Texas ... shouldn't be counting on a quick jackpot from slot machines to keep the state strong. Austin Ameron-Sur.sm.n 11111/2002 ... it's hard to imagine why some of our INden would risk our mte's flsal well being just to put money in the pockn of we.lthy racetrack owners who are a bit down on their luck ... Those in favor of allowing video lott9fy terminals at Ohio horse racetracks are chasing after an unstable and unreliable get-rich-qulc1l scheme. Further IIMlng our sute budgat to games of chance is foolhardy.• Initiative -Tourism Promotion Be it Enacted by the People of the State of Colorado: AN AMENDMENT TO THE CONSTITUTION OF THE STATE OF COLORADO, AMENDING ARTICLE XVIII, ADDING A NEW SECTION TO READ: SICTION 15. COLORADO TOURISM PROMOTION PROGRAM. (1) IN ORDER TO GENERA TE ADDITIONAL FUNDS FOR THE PROMOTION OF COLORADO TOURISM, THE COLORADO LOTTEJ.Y COMMISSION IS DIRECTED TO IMPLEMENT THE USE OF VIDEO LOTIERY TERMINALS AT EXCLUSIVE LOCATIONS, AND THERE IS IMPOSED A LICENSE FEE FOR EACH VIDEO LOTTERY TERMINAL APPROVED FOR USE AT SUCH EXCLUSIVE LOCATIONS, ALL AS SET FORTH IN THIS SECTION. (2) As USED IN THIS SECTION, UNLESS THE CONTEXT OlllERWISE REQUIRES: (a) "COLORADO PROMOTION REVENUES" MEANS UP TO THE FIi.ST TWENTY-FIVE MILLION DOLLARS OF NET VLT PROCEEDS IN ANY STATE FISCAL VEAi, AFTER THE ALLOCATION OF PROCEEDS TO THE GREAT OUTDOORS COLORADO PROGRAM IN ACCORDANCE WITH SECTION 3 OF ARTICLE XXVII OF THE STATE CONSTITUTION AND THIS SECTION. (b) "COMMISSION" MEANS THE COLORADO LOTTERY COMMISSION AS ESTABLISHED IN SECTION 24-3S-207, C.R.S., 01. SUCCESSOR. STATUTE. (c) "EXCLUSIVE LOCATIONS" MEANS THE FOLLOWING LOCATIONS: (I) Pl.OPEi.TiES LICENSED AS RACETRACKS AS OF JANUARY 1, 2003, AND DOING BUSINESS AS ARAPAHOE PA&lt. CLOVERLEAF 01.EYHOUND TRACK, MILE HIGH GREYHOUND RACING, POST TIME GREYHOUND RACING, AND PUEBLO GREYHOUND PARK; AND (II) THE LICENSED LIMITED GAMINO ESTABLISHMENTS IN THE CITY OF BLACK.HAWK. CENTI.AL CITY, AND THE CITY Of CRIPPLE CREEK QUALIFIED UNDER SECTION 9 OF THIS ARTICLE. (d) "NET VLT PROCEEDS" MEANS ALL PROCEEDS FROM THE OPERATION OF VIDEO LOTTERY TERMINALS UNDER. THE VIDEO LOTTERY Pl.OGRAM, NET OF PRIZES AND EXPENSES OF THE STATE LOTTERY DIVISION, INCLUDING SALES AGENT COMMISSIONS. REVENUES GENERATED BY THE LICENSE FEE ESTABLISHED BY SUBPARAGRAPH 8 OF THIS SECTION SHALL NOT CONSTITUTE NET VL T PROCEEDS. ( e) "PROMOTION .f.UND" MEANS THE COLORADO Tl.A VEL AND TOURISM ADDITIONAL SOURCE FUND AS ESTABLISHED IN SECTION 24-49 . 7-106, C.R.S., 01 SUCCESSOR STATUTE. ' .·• • • 0 0 (f) "SALES AGENT COMMISSION" MEANS THE LESSER OF ( 1) SIX PERCENT OF THE TOTAL AMOUNT OF CURRENCY AND CREDITS WA<ERED, OR (2) THIRTY-NINE PERCENT Of ALL CURRENCY WAGERED LESS THE VALUE OF A LL PAY VOUCHERS ISSUED. (g) "VIDEO LOTTERY PROGRAM" MEANS THE STATE-SUPERVISED LOTTERY PROGRAM MANDATED BY THIS SECTION. (h) "VIDEO LOTTERY TERMINAL" OR "TERMINAL" MEANS A COMPUTERIZED VIDEO DEVICE THAT, WHEN ACTIVATED BY INSERTION OF CURRENCY IN THE FORM OF BILLS, PLA VS A LOTTERY OAME APPROVED BY THE COMMISSION AND AWARDS CREDITS, EVIDENCED BY A PRINTED PAY VOUCHER 01 AN ELECTRONIC CREDIT REDEEMABLE FOR CASH, ON THE BASIS OF CHANCE. "VIDEO LOTTERY TERMINAL" OR "TERMINAL" oo~s NOT INCLUDE ANY MACHINE OR DEVICE REFERRED TO AS A SLOT MACHINE IN SECTION 9 OF THIS ARTICLE OR A MACHINE THAT DIRECTLY DISPENSES COINS, CURRENCY IN THE FORM OF BILLS, TOKENS, OR ANY ITEM OF VALUE OTHER THAN A PRINTED VOUCHER. (3) llfE COMMISSION SHALL IMPLEMENT THE VIDEO LOTTERY PROGRAM NO IA TER THAN NOVEMBER I, 2004. llfE COMMISSION SHALL PIOMULOATE ALL NECESSARY RULES TO REGULATE THE VIDEO lDTTERY PROGRAM IN ACCORDANCE WITH THIS SECTION. llfE RULES AND REGULATIONS OF THE COMMISSION SHALL MAXIMIZE THE NET VL T PROCEEDS . AVAILABLE FOR DISTRIBUTION UNDER THIS SECTION. ( 4) UPON THE SUBMISSION OF A SALES AGENT APPUCATION BY THE OPERA TOR OF AN EXCLUSIVE LOCATION LISTED IN SUBPAIA<aAPH 2(c)(I) OF THIS SECTION, IN A FORM ACCEPTABLE TO THE COMMISSION, THE COMMISSION SHALL APPROVE THE USE OF FIVE- HUNDRED VIDEO LOTTERY TERMINALS AT THE EXCLUSIVE LOCATION llEFEIENCED IN THE APPLICATION. UPON THE SUBMISSION OF AN ACCEPT ABLE APPUCATION BY THE OPERA TOR OF A LICENSED OAMINO ESTABLISHMENT LISTED IN SUBPAIAOIAPH 2( c )(II) OF THIS SECTION, THE COMMISSION SHALL APPROVE THE USE OF TERMINALS AT THE EXCLUSIVE LOCATION REFERENCED IN THE APPLICATION IN A NUMBER THAT THE COMMISSION DEEMS TO BE ECONOMICALLY FEASIBLE FOi THE COMMISSION'S PUUOSES. NO ADDITIONAL TERMINALS SHALL BE PERMITTED AT ANY EXCLUSIVE LOCATION WITHOUT PRIOR APPROVAL BY THE COMM -lSSION AFTER ITS CONSIDEIA TION OF AN APPUCA TION FOi ADDITIONAL TERMINALS. (5) llfE COMMISSION SHALL NOT AUTHORIZE THE OPERATION OF VIDEO LOTTERY TERMINALS EXCEPT AT EXCLUSIVE LOCATIONS . (6) BEOINNINO WITH THE FIRST STATE FISCAL YEAR IN WHICH THE VIDEO LOTTERY PROGRAM GENERA TES NET VL T PROCEEDS, SUCH NET VL T PROCEEDS SHALL BE SET ASIDE, ALLOCATED, ALLOTTED, AND CONTINUOUSLY APPROPRIATED FOi DISTRIBUTION IN ACCORDANCE WITH THIS SECTION, NOTWITHSTANDINOTHE PROVISIONS OF SECTION 22-54- 117, C .R .S ., OR SUCCESSOR STATUTE. NET VLT PROCEEDS SHALL BE D1ST1l1BUTEDTO THE GREAT OUTDOORS COLORADO PROGRAM IN ACCORDANCE WITH SECTION 3 OF ARTICLE XXVII OF THE STA TE CONSTITUTION AnER ALL NET PROCEEDS FROM ALL OTHER STATE- SUPERVISED LOTTERY PROGRAMS FOi THAT FISCAL YEA.I HAVE BEEN DISTRIBUTED TO THE GREAT OUTDOORS COLORADO PROGRAM . BEGINNING WITH THE FIRST STATE FISCAL YE AR ' ... • • IN WHICH THE VIDEO LOTTERY PROGRAM GENERATES COLORADO PROMOTION REVENUES , SUCH COLORADO PROMOTION REVENUES SHALL BE SET ASIDE, ALLOCATED, ALLOTTED, AND CONTINUOUSLY APPROPRIATED, AND SHALL BE DISTRIBUTED ANNUALLY TO THE PROMOTION FUND. ALL NET VL T PROCEEDS SHALL BE EXEMPT FROM ANY RESTRICTIONS ON SPENDING. REVENUES, OR APPROPRIATIONS, INCLUDINO WITHOUT LIMITATION, THE RESTRICTIONS OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION. (7) ALL NET VLT PROCEEDS SHALL BE ACCOUNTED POil SEPARATELY FROM PROCEEDS FROM ALL OTHER STA TB-SUPERVISED LOTTDY PROGRAMS AND SHALL BE SEPARATELY ALLOCATED IN ACCORDANCE WITH THIS SECTION. NET VLT PROCEEDS SHALL NOT AFFECT THE ALLOCATION OP NET PROCEIDS ROM 01'Hlll STAT&-SUPERVISED LOTTERY PROGRAMS TO THE GREAT OUTDOORS COLoL\DO PROGRAM OR OfHER PROGRAMS FUNDED IN WHOLE OR IN PAIT BY STATB-SUPDVIIED LOTTERY PROCEEDS. (8) UPoN THE APPROVAL OF AN APPLICATION MADI PUUUANT TO SUBPARA<aAPH 4 OF THIS SECTION, THE STATE OF COLORADO, THI.OUGH THE DBPARTMDIT OF UVENUE, SHALL COLLECT FROM THE APPLICANT A ONE-TIMI UCINIE PEI OF FIVE-HUNDRED DOLLARS MULTIPLIED BY THE NUMBER OF VIDIO LOTTDY TIIIONALS APPROVED FOR USE PURSUANT TO THAT APPLICATION. ALL REVENUES OENBltATID av nos UCENSE FEE SHALL BE ALLOCATED A ND DISTRIBUTED TO THI PROMOTION l'UND WITHIN THIRTY DAYS OF COLLECTION. SUCH REVENUES SHALL Bl EXIMPI' ROM ANY UITRICTIONS ON SPENDING, UVENUES, OR APPROPRIATIONS, INCLUDING WITHOUT LIMITATION, THI RESTRICTIONS OF SECTION 20 OF ARTICLE X OP THI STATI CONITl1UTION. SUCH UVENUES SHALL NOT CONSTITUTE PROCDDI ROM LOrTDY PROORAMSAS DEFINED IN SECTION 3 OF ARTICLE XXVII OF THE STATI CONSTl1VTION AND SHALL NOT BE SUBJECT TO ALLOCATION AS SET PORTH THEUIN. (9) THISSECTIONISREPEALED, IFPICTIVEJULY I, 2019 .. Dawt• c ...... 121 S.•tll Wllltcealt StrNt Pert CeWa1, CO 11521 lluterlackTa,_. ••mc...., .... 36 .................. co.....-,. PLEASE PRINT PUBLIC COMMENT ROSTER AGENDA ITEM 7 DATE: October 6, 2003 UNSCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES ...;NA.-M ..... E _______ A __ D __ DR ...... E __ S __ S _________ ; -= J'p;: L&t-n-t;. 21 ss.d. lli-t~ a f(:z I r::: 5, • • ADORE --·- PROCLAMATION WHEREAS. the vitality of our nation depends on bow safe we keep our homes, neighborhoods, and communities, because crime and fear diminish the quality of life for all; and WHEREAS, people of all ages must be made aware of what they can do to protect themselves, their families. neighborhoods, and workplaces from being banned by violence, drugs and other crime; and WHEREAS, the personal injury, financial loss , and community deterioration resulting from crime arc intolerable and need to be addressed by the whole community; and WHEREAS, effective crime prevention programs excel because of partnerships among law enforcement, other government agencies, civic groups. schools, and individuals as they help 10 rebuild a sense of communal responsibility and shared pride; and WHEREAS, crime prevention initiatives arc more than self-protection and security, they also promote positive alternatives to delinquency and drugs among young people and emphasize the power of youth to better communities; NOW THEREFORE, I. Beverly J. Bradshaw, Mayor of the City of Englewood, Colorado, hereby proclaim the month of October 2003 as : CalMB PREVENTION MONTH in the City of Englewood and call upon all citizens, governmental agencies, public and private institutions , and businesses to increase their participation in our community's prevention efforts and thereby promote good citizenship. GIVEN under my band and seal this 6'b day of October, 2003. Beverly J. Bradshaw , Mayor ' • • 0 PROCLAMATION WHEREAS, the Citizens of the City of Englewood, Colorado stand firmly committed to quality after school programs that: • Provide a safe, friendly learning environment for our kids that boost their academic achievement; Support working families by ensuring that their children are safe and productive after the school day ends; Build stronger communities by involving our students, parents, business leaders, and educators in the lives of our young people: and Encourage families to become more effective partners in their children's education. WHEREAS, Englewood has provided significant leadership in the area of community involvement in the education and well-being of our youth, grounded in the principle that quality after school programs arc helping children become successful adults; and WHEREAS . Lifhts on Afterschoor. 1001, a national celebration of after school programs on October 9, exhibits the critical importance of quality after school programs in the lives of children, their families, and communities: and WHEREAS. many after school programs across the country are facing funding shortfalls, so serious that they arc being forced to close their doors and tum off their lights; NOW THEREFORE , 1, Beverly J . Bradshaw, Mayor of the City of Englewood, Colorado. hereby proclaim October 9, 2003 as : LIGHTS ON Al'nUCIIOOL! 2113 in the C ity of Englewood , Colorado . I urge all of our citizens to join together to assure that every child has access to a safe, fri endly place where the lights are on. GIVEN under my band and seal this 6th day of October, 2003 . Beverly J. Bradshaw , Mayor ' • • -·• • • r l l \ . l I ~ PROCLA1'1A TION WHEREAS, the National Fire Protection Association (NFPA) has been the official sponsor of Fire Prevention for more than 80 years and the 2003 Fire Prevention Week theme is "When Fire Strikes: Get Out -Stay Out". WHEREAS. fires in the home account for most fire fatalities, killing eight out of ten of those who perish in fires. Fortunately, home fires arc highly preventable . With increased awareness of fire hazards and education about early warning and home fire escape planning and practice, residents of Englewood will be safer from home fires; and WHEREAS . by taking simple safety precautions, such as identifying and removing everyday hazards, developing and practicing escape plans, proper installation and testing of qualified smoke alarms can help prevent the majority of home fires and home deaths ; and WHEREAS . NFP A dedicates the theme "When Fire Strikes: Get Out -Stay Out" to the hundreds of firefighters who so valiantly give their lives to save others ; and WHEREAS. the fire service of Englewood is committed to the safety of life and property from the devastating effects of fire; and WHEREAS, the members of the fire service arc joined by other concerned citizens of Englewood. as well as other emergency service providers and safety advocates. businesses, schools. service clubs, and organizations in their fire safety effons. NOW . THEREFORE. I. Beverly J. Bradshaw, Mayor of.the City of Englewood. Colorado. hereby proclaim the week of October S'k through 1 l'k, 2003. as nRE PREVENTION wnrc Please join the Englewood Fire Department in working together to raise awareness of fire dangers and take preventative steps to make your families and homes safe from fire . Given under my hand and seal this 6'" day of Octo ber, :?003 . Beverly J. Bradshaw . Mayor ., .3 C ' •· • --. •• • • 0 • l~ a PROCLAMATION i, WHEREAS. alcohol and other drug abuse has been identified as one of the greatest threats to the future of our Nation, and the 15-24 year old age group is dying at a faster rate than any other age group; and WHEREAS, it is imperative that visible, unified prevention education efforts by community members be launched to reduce the demand for drugs; and WHEREAS, the Colorado Federation of Parents for Drug Free Youth and the City of Englewood Depanment of Safety Services are sponsoring the national Red Ribbon Campaign offering citizens the opportunity to demonstrate their commitment to drug free lifestyles ; and WHEREAS, the National Red Ribbon Campaign will be celebrated in every community in America during "Red Ribbon Weck"; and WHEREAS. business. government, law enforcement, schools, religious institutions. service organizations, youth, physicians, senior citizens , military, spons teams, and individuals will demonstrate their commitment to drug-free, healthy lifestyles by wearing and displaying red ribbons during this week-long campaign; and WHEREAS , the City of Englewood, Colorado, funher commits its resources to ensure the success of the Red Ribbon Campaign; NOW THEREFORE. I, Beverly J. Bradshaw, Mayor of the City of Englewood. Colorado, hereby proclaim the week of October 23rd tbrou1b October 31st. 2003 as : and encourage the citizens of Englewood to panicipate in drug prevention education activities , making a visible statement that we are strongly committed to a drug-free community. Be it funhcr resolved. that the Englewood City Council of the City of Englew~ encourages all citizens to pl edge: DRUG FREE AND PROUD. G IVEN under my hand and seal thi s 61 h day o f October, 2003 . Beverly J . Bradshaw . Mayor •· ' •· • Date October 6 , 2003 INITIATED BY COUNCIL COMMUNICATION Agenda Item 10 a i STAFF SOURCE Subject Radio Tower Property Lease Termination City Attorney Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION In 1991 the cities of Englewood and Littleton entered into a fifteen year lease with Radio Property Ventures for the Littleton/Englewood Wastewater Plant (L/E WWTP) property, on which the radio transmitting tower sits . In 1998, the lease was transferred from Radio Property Ventures to ABC Inc., with no change in the terms of the lease. The tower sits on the southeast comer of the L/E WWTP property. In 2001 the cities of Englewood and Littleton terrninated the lease with ABC, Inc. by Ordinance No. 60, Series of 2001 of the City Council of the City of Englewood for reasons of public necessity and c onvenience. The cities of Englewood and Littleton provided notice of the termination of the Lease Agreement to ABC, Inc. and Radio Property Ventures, terrninating the lease at midnight October 3, 2003 . RECOMMENDED ACTION The action recommended is to approve by Ordinance an extension of time to vacate the premises and a corresponding extension of the Lease Agreemenet with ABC Inc. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED On August 20, 2003, ABC, Inc. inforrned the cities of Englewood and Littleton that the Federal Communications Communication (FCC) had not granted requisite approval to relocate the radio transmitter tower. ABC does not anticipate obtaining FCC approval in time to relocate the t<>lo\'.er and have the premises vacated by the October 3, 2003 deadline. ABC, Inc. has requested an extension of time to v aca te th e premises and a corresponding Lease Agreement extension. A six month ex tension of th e Lease Agreement has been reviewed by L/E WWTP staff and deterrnined to be feas ibl e and should not signific antfy interrupt preparations necessary for the Phase 2 project. Th e City of Li ttl eton and its Council are aware of the situation and in agreement with this course of action. FINANCIAL IMPACT Th e income fr o m the lease of the property is approximately S 14,000 per year and is split 50/50 between the cit ies of Li ttleto n and Englewood. This revenue source will be discontinued following termlMtion of the Lease Agree m ent. LIST OF ATTACHMENTS Ordinanc e t • • C • - ORDINANCE NO . SERIES OF 2003 BY AUTHORITY N91U,POR COUNCIL BILL NO. 67 INTRODUCED BY COUNCIL MEMBER~~~~~ AN ORDINANCE AUTHORIZING THE EXTENSION OF A LEASE AGREEMENT BETWEEN ABC, INC., THE CITY OF ENGLEWOOD AND THE CITY OF LITTLETON. WHEREAS, the City Council of the City of Englewood authorized the City to enter into a Lease Agreement with Radio Property Ventures (KQXI) by the passage of Ordinance No. 44, Series 1991; and WHEREAS, the City Council of the City of Englewood authorized a "Consent To Assignment Of Lease" of this property to ABC Inc . by the passage of Ordinance No. 67, Series of 1998; and WHEREAS, Section l O of the Lease provides that the Lease may be terminated by the Lessor (the Cities of Littleton and Englewood) when the City Council determines that public necessity and convenience require it to do so; and WHEREAS, the City Council of the City of Englewood determined that public necessity and convenience required termination of the Lease in order to allow for the planned improvements associated with the Phase II expansion of the Littleton/Englewood Wastewater Treatment Plant by the passage of Ordinance No . 60, Series 2001; and WHEREAS, on December 26, 2001, the Cities of Littleton and Englewood terminated of the Lease , terminating the Lease at midnight December 31, 2003; and WHEREAS, on August 20, 2003, ABC , Inc. informed the Cities of Eqlewood and Littleton that it had not received the requisite approval from the Federal Communications Commission ("FCC") to relocate the radio transmitter tower and did not anticipate obcaining the approval in time to relocale the radio transmitter tower and vacate the premises by December 31, 2003; and WHEREAS, given the delay caused by the FCC proceedings, ABC, Inc. ICCb an extension of time to vacate the premises and an extension of the Lease Agreement; and WHEREAS , a six-month extension of the Lease Agreement will not delay or impede planned construction activities at the Littleton/Englewood Wastewater Treatment Plant. NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Section 1: The Englewood City Council hereby finds that the Lease may be extended for an additional six months, up to and including midnight June 30, 2004. Sectjon 2: The Englewood City Council hereby finds that ABC, Inc . may continue to occupy the premises until June 30 , 2004 , but must vacate the premises on or before midaipt June 30, 2004 . Section 3: The Englewocd City Council hereby directs that the City of Eqlewood emer into an Agreement Extending the Tenn of Lease Apeement. ' .. ·: ... "· • • Introduced, read in full, and passed on the first reading on the 6th day of October, 2003. Published u a Bill for an Ordinance on the 10th day of October, 2003 . Beverly J . Bradshaw, Mayor AITEST: Loucrishia A . Ellis, City Clalt I, Loucrishia A. Ellis, City Clerk of the City ofEqlewood, Colondo, hereby certify that the above and forqoing is a true copy of a Bill for an Ordinance, imroduced. read in full and passed on first reading on the 6• day of October, 2003. Loucrisbia A. Ellis • • • D (J, OCT 02 2003 8:51AN L~E WWTP 3037622620 AGB!PfMI IXDNDINGDIMOf LWI WBIP'PI This Agrermaut, dllled 11111 dfectiw a of 2003, ii by md llllODI the City of Elipcwood, Colondo, a DIIIDicipal r.orponlion, tbe City of LiUleton, Colonido, a municipal corporation, utd ABC, Inc., a_ corpmlltion (collec:lively "1bc Panics"). UCJIALS A. The Citia of F.qlcVt'UOCI 111d Litlleton, tbe l.-ir, 11111 Radio Property Ventures, the Lcuoc, entered into a Lcuc Ap,c:mcat on July 16, 1991. Radio Property Ventures amped the Lcue A,rtcmcnt to ABC, Inc.; B. Pursuant to the Leue Agreement, ABC, Inc. 1-cmain pnmiles mm the Ciliea of Enalewood and Lltdeton fbr, 11J10111 other ma, a ndio IIIDIIDitter tower; C. Section 10 of the Leue ApeellllD provides dm the Citiel ofEnpewood md Littleton may tamiulc the ._ for reucm of public IIDCOtlity IDll conwnimce by pmvidina notice twmty•four (24) months in advlDce of the termir•eti,m; D. By Ordinance No. 60, Smiea of2001 oftbe City Coancil ofdle City of Enslewoocl, the City of Eqlewood detmnimd tha die Lale Apellllm lboald be termimded for reaom of public DeCmlity 11111 convmim:e; E. By Raoluli.oa No. 37, Seriesof2001 oflbeCityCouaciloftbeCityof Littleton, the City of Litdeton determined 1bat tile I.we~ lboald be """il'W'l for IUIOm of public neceaity 111d ooawaimce; F. 1be Cities ofEqlewood 111d Littleton pnmded aatice oflbt........., of the LellC Apeemcnt to ABC, Inc. ad Radio Property v...._ •mi,... the 11w • midniabt October 3, 2003; G. On Aupat 20, 2003, ABC, Inc. iabmed die Chill ofF.apwoocl 111d Litdeum that it bad DOt received the requilitl approYa1 fiam lbt Fedlnl Onnnmh _... Commiuion ("'FCC") to relocate tbc radio b:lllmlillm tower and did not -,..:11•• oblaining tbc approval in time to reloc:a tbc radio 1ralllD1ias tower and vaaa the premises by October 3, 2003; md H. Given the delay cau.d by the FCC, ABC, Inc. IND• alemioa of time to vacate the prcmixs md a wra Clf wdi"I atmlion oftbc I.we ApwwDeat. AGBIPfP'I NOW THEREFORE. in c:onsldmalim oftbe muaal ,....._ ad adls considentiom dacribed below, tbc Plrtia ..... fbl1oM: p.2 t .... .. 1 • • 2003 8s51A" L~E WWTP 3037622620 1. Bomim qfdgTp o(daP I_ Ar,,.,,. n.1am ofdla t.- Aareemmt dated July 16, 1991, wllicb • hell•• midllipt Ocmbs 3, 2003, is atmled tbr sbt (6) maadll. Tbe Leae ~ lblll llmlbell • midllipl A,ril 2, 2004. 2. 'knndm ml Yndon of tho b ·w ABC, Ille. may CCllllillue to occ:upy tbe pranilN mdi1 April 2, 2004, bat-V.-. tbe p:IIDia DD Jaar dim midaiaht April 2, 2004. 3. PrpviiTe of,-I-It ....,. BslPl • prowled .ill 11m Aareemmt, tbe pnwiliw ofdlo Lew~ all .... ill 6111 fmroo lllll cdl,ct ulllil die dllll tbll ABC, Inc.--. dlo pnmia. Tbe NDlal Jll,ymml 11r die llllldmel lix-mondl tenn -11 be c:alcu,_, • pnmded ia Section 2 ofille I.we Apmllllt. To die alllllt tbat die Leae Ap,lmlmt pl'lfflllel llr cmtiiwl• daliel, lilbililiM, flJINat obliamODI aftlr1be .... hedc,n of1be Lcae ~ die fcntaml ii DIil iJIIIDdld to ...,... .,. poviliml. 4. Nqdcc otimminrdm ofJN I-AanW¢ n. Cilia of P.Dpwood IDd I..i1delm1 shill DIil be ieqvued 1D provide ldditioMI aodce of1be ..,.,,;Ndon ofdle Lelle Aaremnent- (Rfllllinder ofpeae .... 111nN!ly Id blmk) 19· 3 OCT 02 2003 8152A" .. - IN WITNESS WHERBOF, tbl Parliel....., ._. _... dlia >.., lipid. oftblcllll 6nt wdlm lbow. ------City Clllk _____ _, CityClllk By: al'Y or DIGUWOOD, COLORADO aww·oipel _,..... Nam: ___________ _ Tide: ------------ By: CD'Y Ol'urn.&TON. COLOMBO a 1111wicipll oaqNllllioll Nam: __________ _ Tide: ----------- By: ~o,,,t/.. f J J~M,v Name:---------!.----- a '!I¥ t'!«~ ~ COUNCIL COMMUNICATION Date Agenda Item Subject Encroachment Agreement October 6, 2003 10aii 2931 South Washington Street Initiated By Public Works I Staff Source Ken Ross Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION There has been no previous Council action on this request RECOMMENDED ACTION Staff recommends that City Council approve the attached Encroachment Agreement BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The property in question is located on parts of Lots 4,5,and 6 of the Beal Subdivision, which was platted in 1946. The west 30 feet of Washington Street was dedicated as part of the Beal Subdivision. The house was built in 1947. The property was annexed into the City in 1955. The front porch appears to have been built with the original structure. When the porch was built it extended into the Washington Street right-of-way by 1 .2 feet The roof over the front porch was damaged in the March 2003 snowstonn, and the property owner would like to remove the damaged porch and replace the porch in the same location. Beca1,1se the existing porch was a nonconfonning structure since it encroaches 25 feet into the required front setback, the applicant had to obtain a variance from the Board of Adjustment and Appeals. The BOAA granted the variance on September 10, 2003. The Board of Adjustment action only gives the property owner the authority to build up to the property line. In order to reconstruct the porch in the existing location City Council must approve an e nc roachment agreement that allows this structure to encroach 1.2 feet into the public right-of.way. Th e 60 feet of right-0f-way that exists for Washington Street is sufficient There is approximately 12 feet o f rig ht-of-w ay available behind the back of walk, and staff does not foresee any improvements, projects, o r programs that would necessitate removing or modifying the front porch on this residence if it is allowed to be replaced. FINANCIAL IMPACT No fi na nci al impact to the city has been identified. LIST OF ATTACHMENTS Encroa chm e nt Agreement Sit e Pl a n • t • • • • ORDINANCE NO. SERIES OF 2003 BY AUTHORITY 0 IILLNO. 61 ' ODUCED BY COUNCIL MEMBER ------ AN ORDINANCE APPROVING AN ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT PERTAINING TO THE CONSTRUCI10N OF A PORCH LOCATED AT 293 l SOUTH WASHINGTON ENCROACHING 25 FEET INTO THE REQUIRED FRONT SETBACK AND APPROXIMATELY 1.2 FEET INTO THE PUBLIC RIGHT-OF-WAY WHEREAS, Section ll-3-4 .,fthe Englewood Municipal Code 2000 provides that an encroachment into public right-of-way may be granted upon compliance with certain terms and conditions and th: issuance of an encroachment permit and indemnity agreement by the City; and WHEREAS, the house at 2931 S. Wuhington wu built in 1947 with a front porch which extended into the Wahington Street right-of-way 1.2 feet and is a nonconforming structure because it extends 25 feet into the required front setback and encroached into the public right-of-way; and WHEREAS, the roof over the front porch wu damqed in the March 2003 snowstorm, and the property owner would like to replace the porch in its original location; and WHF.REAS, the Englewood Board of Adjustment and Appeals granted a variance for the porch on September 10, 2003 for the 25 feet up to the property line; and WHEREAS, the City of Englewood received an application for an encroachment permit for the porch 1.2 feet into the public right-of-way from the Owner of 2931 South Washington; and WHEREAS, the improvement would encroach into the public right-of-way 1.2 feet and would be a permanent structure which requires City Council's action; and WHEREAS, approval of this Ordinance will authorize an "Encroachment Permit And Indemnity Agreement" formally recognizing the dimensions of the encroachment and prohibiting the enclosure of the porch structure. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCU. OF THE CITY OF E NGLEWOOD, COLORADO, THAT: Section 1. The encroachment of 1.2 feet into the public right-of-way and the 25 feet into the required front setback is hereby granted. -1- ' .· .. .. • • Section 2. The "Encroachment Permit And Indemnity Agreement" attached hereto u "Attachment 1," is hereby accepted and approved by the City Council of the City of Englewood, Colondo. 2003. Introduced, read in full, and passed Oil fint radiq OD the 6th day of October, Published u a Bill for an Ordinance on the 10" day of October, 2003. ATTEST: Beverly J. Bradshaw, Mayor Loucrisbia A. Ellis, City Clerk I. Loucrilbia A. Ellia, City Clcrt of the City of Enalewood, Colondo, hereby certify that the above and fonaoing ii a true copy of a Bill for an Ordiaance, introduced, read in full, and passed on fint reading on the 6th day of October, 2003. -2- A ITACHMENT 1 ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT THIS AGREEMENT, made this day of October, 2003, between the City of Englewood, Colorado, a municipal corporation, and Thomas D. Kelly, the owner ofa certain parcel of real property legally described as: the South 18 feet of Lot 4 and all of Lots S and 6 of the Beal Subdivision commonly known as: 2931 South Wuhinaton Street The City of Englewood, Colorado, hereby grants to said owner of the property at the above described location permission to: Replace the covered front porch on the existing structure that was damaged the March 2003 snowstorm. These improvements, are to be located on then same footprint as the prior structure in front of the building located at 2931 South Broadway and shall not encroach into the South Washington Street public right-of-way more than 1.2 feet. The aforesaid property owner and his heirs and assigns understand and agree that: 1. That the property owner/contractor shall obtain all necessary permits and satisfy all conditions required for the construction of the improvements proposed in the public right- of-way. 2. That this permission is revocable at will and without cause by the City of Englewood without hearing and without notice other than Notice of Revocation. 3. That the property owners shall remove the improvements from the public right-of-way within thirty (30) days after receiving Notice of Revocation by personal service or certified mail. 4 . That the property owner estopped to deny the right of the City of Englewood, Colorado, to revoke the Encroachment Permit or to deny the property rights of said City. S. That the property owner agrees to reimbu.rse and indemnify the City of Englewood, Colorado, for all necessary expenses of whatever nature that may be incurred in revoking this Permit, removing the improvements placed in the public right-of-way, or any other expense as a result of granting the Encroachment Permit. 6. All maintenance of the improvements is the responsibility of the property owner. 7 . That if the City ever determines that the improvements are not being maintained, mi u a result the improvements represent either a safety coocem or the visual appearmc:c of said improvements are a detriment to the residential character of the ncipborhood, lbcn the City t • •• 4 • • 8. will provide written notice that the safety or aesthetic conccms should be addressed. The City Manager may give written notice to the owner that maintenance must be performed or repairs made within a specified period of time. If such repairs or maintenance are not performed within the stated time, the City Manager may order such repairs or maintenance to be performed by the City and the expenses connected therewith shall be a lien upon the property adjacent to the improvements until the cost thereof is fully paid If the assessment is not paid within thirty (30) days thereafter, the City shall certify such 1Sscssment to the County Treasuier who shall place the same upon the tax list for the cmrent year, to be collected in the same manner IS other taxes are collected, with a ten percent (109.4) penalty thereon to defray collection costs. That the property owners shall maintain insurance coverage sufficient to satisfy any liability arising IS a result of this Encroacbment Permit and Indemnity Agreement, and the City of Englewood shall be held harmless from any and all liabilities Irising from this action. 9. That this agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, assigns, and successors of the respective parties. 10. The encroaching porch may be covered, however the porch shall not be enclosed. IN WITNESS WHEREOF, the parties have set their bands the day and year first written above . CITY OF ENGLEWOOD a municipal corporation ATTEST : By : __________ _ Loucrishia A. Ellis, City Clerk PROPERTY OWNER By:. ____ __,--,,-...,...,..-~-~ Beverly J. Bradshaw, Mayor By: _________ __ Ken Ross, Director of Public Works By: __________ _ Robert Simpson, Director of Community Development By : / Ji e,tMbJl Gd . /\ ) (11 - Thomas D. Kelly, Property Owner~ 2931 South Washington Street 2 t .. •. • • Q COLORADO ENGINEERING & SURVEYING, INC. """ .cepl1.ceM H70 I . SH!RMAN IT. ITI!. Z • !NOUWOOD, CO. IOttl SCALE 1• • 29' • ~AX: (:IOJJ 711-0141 -·.-- LEGAL U!SCRIPT ON: LOTS 5 AHO I AHO TH E SOUTH 11 FEET OF LOT 4 , BEAL SUBDIVISION, COUNTY OF ARAPAHOE , STATE OF COLORAOO KNOWN AS 2931 S WASHINGTON STREET D t.,\UIOI I 1, NO . 10UJ.01.7JO KELLY (laJ)711-IOH ,. ..................... .._ ..... .__,......._ ~"':'J=-.,.~=-=---... .._...,,._. .... ...._, ,._.__T.::.... ____ , .....,.., ..... __ .. ._ __ .,....,._. ............. ___ ...,...,,.,.., --...,,··~-----.... --·~~·~ .. ;c_·•c-----~ "T2ill!l-'61f11111L----..... -,~·;;[;.;ll~Y~t;,;,l,._;;;;.',;._ __ ,__,_ ... ._,._ _ _,_.._ ... -.... r-------_,,.,., _._., .......... _... • .,._,,.,.e.WWW;-WW WIWW ?~\\I\ lft:~ ·---::t: .. _._.. .... __ ..... _____ ,.,,.~1 _..,........._.._ .. ..:.;.;.:.&.::~ ........ _ ~--=-•-::::..-::::::-.-.. A4WIIW:WA--..--._• .. ~~4Jiii.~~ . ._.:::::: .. ~--........ ...... ---... -----·----·--... __ ._ .......... , ......................... = :.:i= ... -·--................. __ -------. ·----....... ~~~.~~~~-rrawurn~-----..... ·-.................... _ . · ··.· ' · ...-.... ._. .............. __. ........ ...,_.=,:.,..._.. ....... _.. t.~"'!a_._ .. , ... ... .__..,..... ... _,.... .... ~~··. ----!!'!!!..l'l."1M!'-.!'!!::::z:...--::.:.~;=--...:..a:........ .. . ,_..,_~----·-'--t::r:.IIIIOI -==------·--=:.:.:-.::-=.:=--:===: ..... ------------ ' • • COUNCIL COMMUNICATION Date Agenda Item Subject Ordinance to amend Tide 11, Chapter October 6, 2003 10aiii -3, Section -4 of the Englewood Municipal Code to give staff more flexibility in granting encroachments into the oublic rillht-of-wav. Initiated By I Staff Source Public Works Ken Ross, Director of Public Works COUNCIL GOAL AND PRMOUS COUNCIL ACTION City Council reviewed this request at the City Council Study Session on August 18, 2003. RECOMMENDED ACTION Staff recommends that City Council approve the attached ordinance which will amend Title 11, Chapter 3, Section 4 of the Englewood Municipal Code to give staff more flexibility in granting encroachments into the public right-of-way . BACKGROUND, ANALYSIS, AND AlffRNATMS IDENTIRED Currently staff may grant encroachments for retaining walls, awnings and fences that meet certain specific requirements defined in Title 11, Chapter 3, Section 4 of the Englewood Municipal Code. Any encroachment that does not fit the specific provisions contained in this section must be referred to City Council. There have been many instances where staff had no objections to the encroachment, but the encroachment did not fit within the specific provisions, and the encroachment had to be referred to City Council, which added months to the process. The 'proposed amendment to Title 11, Chapter 3 will allow staff to grant encroachments except in cases where the City Attorney's Office determines that the encroachment represents a permanent taking of city right-of-way . The proposed amendment also allows applicants to appeal staff positions by taking the encroachment request to City Council. FINANCIAL IMPACT No financial impact to the City is identified. LIST C'F ATTACHMENTS Proposed Ordinance ORDINANCE NO . SERIES OF 2003 BY AUTHORITY • ~~~CE~j, A!IJ.LFOl .. ' Ofrn j AN ORDINANCE AMENDING TITLE 11, CHAPTER 3, SECTION 4, OF 11IE () .,r I ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO ENCROACHMENTS INTO THE PUBLIC RIGHT-OF-WAY . WHEREAS, under Title 11-3-4 EMC, staff may grant coc:roacbmcnts for retainina walls, awnings, and fences that meet certain specific requirements; and WHEREAS, any CDCJ'OIIChmcnl that docs not fit the specific provisions contained in Title 11-3-4 EMC must be referred to Englewood City Council which proloap tbc process; and WHEREAS, the proposed amendment to Title 11-3-4 EMC will allow staff to grant cncroacbmcots except in cases wbcrc tbc City cletcrmincs that tbc cncroachmeot represents a pcnnanent taking of City right-of-way; and WHEREAS, the proposed amendment to Title 11-3-4 EMC also allows applicants to appeal staff decisions by taking the cocroacbmcot request to tbc Englewood City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 11IE CITY OF ENGLEWOOD, COLORAOO, AS FOLLOWS: Section 1. The City Council of the City of EnaJewood, Colorado, hereby amends Title 11, Chapter 3, Section 4, of the Eqlewood Municipal Code 2000, to read u follows : . I • .. • .-111( 11-3-4 : Encroachments . ~/ An encroachment into the public ript-of-way fer 1111 r.H, MIii ....._maybe granted .Jlx ~ Cjty Staff, provided the following terms and conditions arc lllllilficd: A. Encroachments for fences and rctainiq walls may be granted upon compliance with tbc following requirements : I. Fcnccs and retaining walls lball be installed no lc:ss than twelve inches (12") behind sidcwalb. 2. Fences and retaining walls lball be in ccmpliancc with all ocbcr applicable ordinanca and codes. 3. Fences and retaining walls lball be 8lljacalt to a street wbicb baa been in a pavina dislric:t or wbicb ii DOC dai1N!ed in the muter street plan u one which is propoaed to be widened or improved. • • ·• • B. Encroachments for cantilevered awnings, canopies and marquees may be granted upon compliance with the following rcq,uirements: l . Cantilevered awnings, canopies and marquees shall not project within five feet (S') of back of curb; 2. 3. Cantilevered awnings, canopies and marquees shall not have less than an eight-foot (8') clearance from the lowest part of the awning, canopy or marquee to the sidewalk; Cantilevered awnings, canopies and marquees shall be in compliance with all other applicable ordinances and codes. C. No encroachment under this section shall be effective until an encroachment permit and indemnity agreement have been signed by the property owner requesting the encroachment and recorded in the office of the Clerk and Recorder of Arapahoe County. Said encroachment permit and indemnity agrccmcnt shall be prepared by the City. Sei4 DIE encroachment permit and indemnity agreement shall contain the legal description of the property owned abutting the public right-of-way to be encroached, the purpose of the encroachment, that the encroachment permit and indemnity agreement is a revocable license, revocable by lb; City Gewleil at will , and that the property owner or his or her heirs and assigns shall remove said structure within thirty (30) days after notice of revocation; that the property owner is cstoppcd to deny the right of the City to revoke the encroachment agrccmcnt, and that the property owner agrees to reimburse and indemnify the City for all expenses of revoking the agrccmcnt or removing the encroachment. The property owner requesting the encroachment shall pay all reasonable expenses of preparing and recording the cnc:roachmcnt permit and ,indemnity agrccmcnt. D. All requests for encroachments into the public right-of-way aet h-ift i&elllittetl whm the FQCW¥lppcpJ is a IRVFDKF which wgu)d SJSNS a JFDMOFPt Ylkios of CilY rjghg:9f·wav and appgls &om Staff dcoial of an msrnesbmu shall be made to the City Council. Section 2. Safety Clauses. The City Council hereby finds , determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health , safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council funher determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3. Sevcrability . If any clause, sentence , paragraph, or part of this Ordinance or the a pplication thereof to any person or cin:umstances shall for any rcuon be adjudged by a coun of competent jurisdiction invalid. such judgment shall not affect, impair or invalidale the remainder of this Ordinance or it application to other persons or cin:umstanccs. ' .. .. .· • • Section 4. Incogsjstegt Qrrlioem:es. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hem>f arc hereby repealed to the extent of such inconsistency or conflict. Section S. Effect of mRI or modjficatiop, 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 pan any penalty, forfeiture, or liability, either civil or crimiml, which shall have been incurred under such provision, and each provision shall be treated and held u 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 u for the purpose of sustaining any judpnent, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Sectiog 6. ~ The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on tint reading on the 6th day of October, 2003 . Published u a Bill for an Ordinance on the 6th day of October, 2003 . ATIEST: Beverly J. Bndabaw, Mayor L-0ucrishia A. Ellis, City Clert I, Loucrishia A. Ellis, City Clerlt for the City of Eqlewood, hen:by certify dial the above and foregoing is a true copy of a Bill for an Ordinance, inln>duced, read in ftall, and paaed on first reading on the 6" day of<ktober, 2003 . Loucrisbia A. EI1il Date October 6, 2003 INmATEDBY COUNCIL COMMUNICATION Agenda Item 10 a iv STAFF SOURCE Subject City Ditch Easement Acquisition -3701 S. Logan St Utilities Department Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNOL ACTION On September 8, 1998 City Council passed a Grant of City Ditch Easement for the First Church of Christ, Scientist at 3701 S. Logan St RECOMMENDED ACTION The Englewood Water and Sewer Board, at their September 9, 2003 meetin& recommended Council approval of the Construction Easement and License Agreement for the First Church of Christ, Scientist at 3701 S. Logan St BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIRED The property located at 3701 S. Logan St Is owned by the First Church of Christ, Scientist The Church originally granted the City a 2S' easement to pipe the City Ditch that runs throush the front portion of their property, along S. Logan Street This agreement was mutuaAy beneficial in that the easement allowed the City to pipe the City Ditch and improve water flow and In tum stabilize the church's front concrete porch which was being undermined by ditch seepage. The attached Construction and License Agreement will allow the First Church of Christ to install a river rock dry creek bed for landscaping purposes over the existing easement. When possible, the Utilities Department tries to acquire formal, recorded easements for the City Ditch. Not all .sections of the City Ditch are in recorded easements or rights-of.way. In some sections, the City Ditch is not in recorded rights-of-way, but in an easement by prescription. As opportunities arise, the Utilities Department is attempting to acquire, easements. Easements by prescription allow the City to maintain the ditch as-ls, where-is with no improvements. Formal easements allow the City to improve the ditch . _E nglewood's City Attorney has reviewed the agreements. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Li cense Agreement and Construction Easement Bill for Ordinance ORDINANCE NO . SERIES OF 2003 BY AUTHORITY Bil.I.NO. ,e ODUCED BY COUNCIL MEMBER~~~~~ AN ORDINANCE FOR APPROVAL OF A CONSTRUCTION EASEMENT AND LICENSE AGREEMENT FOR nm FIRST CHURCH OF CHRIST, SCIEN11ST AT 3701 S. LOGAN STREET, ENGLEWOOD, COLORADO. WHEREAS, the property located at 3701 S. Lopn Street is owned by the Fint Church of Christ, Scientist; IIDd WHEREAS, the City 1w a 25-foot euemcnt to pipe the City Ditch that nma through the front portion of the Church property alona S. Lopn Street; and WHEREAS, the auacbcd License Agrecmml will allow the Fint Church of Christ, Scientist to install a river rock dry creek bed for landlcapina purposes over the mtiltina easement NOW, TIIEREFORE, BE IT ORDAINED BY nm CITY COUNCIL OF nm CITY OF ENGLEWOOD, COLORADO, THAT: Section 1, The City Council for the City of Eqlewood, Colorado, hereby approves the License Agreement allowing the Fint Cmrdi ofCiritl, Scieamt at 3701 S. Lopn Street, to install a river nx:lt dry creek bed for landlcapina purposes over the emtiq euement Section 2, The Construction Eaement and Liceme Aan,emmt may be liped by the Director of Utilities. Introduced, read in full, and passed OD fint reading OD the 6'6 day of October, 2003. Published as a Bill for an Ordinance OD the 10-, day of October, 2003. Beverly J . Bndabaw, Mayor Attest: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colondo, hereby certify the above is a true copy of a Bill for an Ordinance, inttoduced, read in full and passed on tint reading on the 6th day of October, 2003. Loucrishia A. Ellis - CONSTRUCTION EASEMENT This Temporary Construction Easement (the Temporary Easement) is entered into this_ day of 2002 by and berween the City of Englewood, Colorado, a municipal corporation of the state of Colorado, acting by the through its Wa11:t and Sewer Board (Grmtor) and +.crl C~," ,.,\\. ~ Ch ri5:': $e I e-" ~'~ e~ lo,oJ ( Grantee ). WHEREAS, The City of Englewood owns a right-of-way for the City Ditch, a carrier ditch (City Ditch ROW) which is located as described on Exhibit A. \vliER.EAS,.fo+ C\11;rtk nft~c,s,1; S!~,1..d-desircs to install a J>ry Crttl;;.. . within the City Ditch ROW pursuant to a license between the parties. NOW, THEREFORE. In conside:-:i.rion of the mutual covenants of the parries. more particularly hereinafter set forth. the ldequacy :md sufficiency of which are hereby acknowledged. it is agreed as follows: I. Temporarv Construction Easement. Englewood (as Grmtor) hereby grants to[ot: Chkrel, of enc,~ S?1tt.:i•ri-(as Grantee), itS successors. assigns, contl'lletors , lI!d sub-,.:ontr:1etors, a non...:xclusive temporary consi:ruction e:isement through. over, under md xross the City Ditch ROW for the installation o fa J> ()f C ru:: " Bed --------------------pursuant to a license agreement (the Project). 2. Term of Easement. The Project will begin no sooner than 9 -/ · 0 3 and will be completed no laterthan 3 · 31-01 . Completion of the Project will be deemed to have occurred upon inspection and :ipproval of the Project by Grantor and chis Tempor:iry Easement will be deemed tO have terminated upon such completion. 3. Access. Grantee shall have the tempor:iry non...:xclusive right to enter the City Ditch RO\V for :my re:isonable purpose necessary or prudent for the construction of the Project subject to the following resaictions: I) normal working hours shall be consistent with COOT consi:ruction ho~. Monday ' through Fnday :ind :?) the operation of equipment md he:ivy i:rucks will be permitted on che Englewood City Ditcb ROW only during normal working hours . t • • 4. Resmrarion. Upon completion oftbe Project, Gramee will perform such resu,ration and regrading as is oecessary or prudent to resmre the surface area of the City Ditch ROW to itS original condition. S. Indgnnifigtjon. Grantee. to the extent permitted by the laws and constitution of the State of Colorado, hereby qrees to be liable and hold bannless the City of Englewood, ill employees, renanm, and guesu from any and all claims, causes of action. and liability which may occur as a result of the negligent or wrongful actS of Grantee in the consuw:tion of the Project, including the cost of defending against such claims. 6. Ljabiljtv . Grantee hereby acknowledges that it understands dW there is wmr flow in the City Ditch from April 1 to :Sovember 1 of each ye:ir and dW it will assume liability for any damage to adjoining property caused by water flow resulting from damage to the City Ditch c:aused by the Grantee's construction activities. 7. Insurance. Grantee shall maintain in full force and effect a valid policy of insurance for the Project in the amount of S600 ,000.00 property coverage and S600 ,000 .00 liability coverage. Grantee further :agrees that all ill employees, concracrors and sub-contr:1etors working on the Project shall be covered by adequate Workers Compensation insurance. 8. Assjgnment This Temporary Consauction E:isement is assignable only with the written pc:nnission of Englewood, which j)fflllission will oot unre:i.sonably withheld. conditioned or delayed. IN WID'ESS WHEREOF, the parties hereto have ~:tecuted this temporary construction E:isement on the d:ite and day first written above. rn pamq t11e above ulPizldaa. t11e c-, .... die np1., _.. tbll .. at111t prapatJ mvotv.a • mt1f be• 7 a,cw+--...ill lbl· .,..,. oflbl .,._,... plllllllll.,._ 1IDller caallOl of die CilJ. IN wrI'NESS WHEREOF dlis ---been-.-1 • aldl8 ca, lllll ,-rftat above wriam. ATI'EST: CITY OF ENGLEWOOD. By ________ _ City Om Mayor APPROVED . .\5 TO FORM: ATTEST: City.~ City Clerk 1be uadmipld ·,rlw-ind aGlclrof ___________ _ bu rad tbe focqoiDa Llceale lDll.-llr ml• blbalf of aid-------___________ ma it will accepc ad will 3bilk bJ • • 1m111..t conditions tbmeot: UCENSEE: ATIEST: Tide 3 0 LICENSE AGREEMENT TiilS LICENSE AGREEMENT. made and -=ntered into as ~fthis _]_ day of ~_cl, 20 g by and between the CITY OF ENGLEWOOD. :i municipal corpocmoa ofWorado. hereinafter referred to as °"City'•, and ha,+ Chvcch of fhr,~ Se,,m,+•Sf £qjk~ herein referr:d to as "Licensee". · WITNESSETH: The City without any wamnty of ics title or intereSt wbalsoever. hereby aUlborizes Licensee, ics successor. assigns. to inswl a warcr line over tbe City's rights-of-way for tbe City Ditch. described as :i parcel of land sinwed in the !llonhe:lst Quarter of Sc:ction 9. Township 5 South. lunge 68 West ofche Sixth P.~L County of.~ Swe ofColor.ido depic:ted upon the Exhibit :mached hereto and made :i pan hereat: l. Any consmu:tion contemplated <>r pe:tormed under mis Lice:i.se shall compiy with and conform to scanctirds formulated !:>y che Director otTtilities of the City :md such construction ;hall be ;,err"ormed :md .:ompic::etl :u:corriing to the pl;ms approved by the City. 2. The Lic::nsee shall notity che City" s Direc:or .,tTtiiities JI !e:ist three (3) days prior to the time of .:ommencemc:nt of :he .;oru."ttUCtion or: ur :iny !'ep8irs made ro. Licensee· s waxer line so that the City may. in its discretion. inspect such ope::wons. 3. Within thirty (30) days from the d:1Ie of che commc:ncemenr of i:onstrUCtion of said water line. the Lic::isee shall .:ompletc such .:on:."tnll:tioo. place :md !DllinllWl permanent. visible markers. of:i type: :md :it such !oc:itions as Jesi~c:d by the Ciry"s Direct<>r ofC'tilities. referring to chc: centerline of the: inst:lil:ition .111d sh:i!l .:le:ir :he crossing 3R3 of :iU construction deoris :ind restore the are:i to itS j)n:Vious condition as a.e:ir :is may be reasonable. In the :::vent the placing .,f the ce:uerline iD:irkm JDd the cle:iring :md restoration of the: crossing ll'e:l is not .:omple:ed "'ithin the: time specified. the City may complete the work :it the sole :::xpense of the: licensee. 4. . Tht: City shall have the right to ma.inuin. insull. repair. remove or reloc:ire the City Ditch or any other of its fai.:iliti.es or installarioos within the Ciry 's rights-of-way. :u: any time and in such manner JS the City ~ms necess:1ry or convenie:tt. The City reserves the exclusive right to control :ul .::isemc:ots :ind insull:uions. 5. The ;tipularions :ind conditions of this l icense shall be incorporated into contr:M:t spc:cific:itions if the consnuction here in luthorized is to be Jone on :1 contr:ict basis. ' . .. • • • 6. The rigtm and privileges grmted in this License sbail be subject to prior apeemencs, liceases md/or grana. recorded or umecotded. 3Dd it sbaU be tbe Licensee's sole responsibility to determine tbe existence of said doc:umems or cootlic:ting uses or inswlalions. 7. 8. 9. 10. 11. The Licensee shall conract :md fully cooperar.e with tbe City's personnel aad the coasrructioo shall be compleud without imezfereau with my lawfill. usual or ordimry tlow of water through the City Ditch. Licensee shall assume all risks incident to tbe posnble presence of such waters, or of storm Wllffl. or of surface warm in the City Ditch. Ail trenches or holes within the City· i righrs-vf-lA."ay shall oe baclcrllled :md tamped co die original ground line in layers aot tO c::tc:ed :ii.'t ( 6) inc!ies loose me:isure ~ a compaction of ninety pe:,::nc 190%) Siand:ud Procror \l:t."<imum Density . Licensee shall indemnify and save bannless :he Cry. its orfic::s and ~:nployees. lpinst any and all claims. d.amages. xtions or c:wscs of JCtioo :md apemes to whicb. it or :hey may be :rubjected by .e:ison of :illid water line being within 311d :JCrOSS :iad under tbe premises of the City or by re:ssoo of any work Jone llr by omission made by Licensee. irs ~ts or employees. in .:oauection with the =onstruc:ioo. replacemeDt. maintemmce or repair of :iaid installation. Licensee. for :i period of llne ( 1) ye:ir ~ on St¢ I , . 2C~ warr:mtS to the City t!w ;h,: water line will be tree from detec-.s in mmcrials and will be tree from defec:-.s in the :nstallation of the warer line into the City Ditch right-,Jf-way . It is .:xprcssly :igrc::d that in c:ise oflicensee·s bre:ich of:my of the within promises. the City may . :lt itS option. have specific performance thereat: llr sue for damages resulting from such bre:lch. Upon 3bandonment of :my riiht or privilege lir.ein ~ted. the rialn of Licensee to that e:ctent shall terminate. but its obligation to indemnify md save harmless th.: City. its officers and .:mployees. shall not terminate in my .:vent. 2 • • In gnmting tbc above aumorizatioa. lbe City rescna the riabt to mate ftdl ua of tbe pn,pmy involved as may be my or coaveaaiem in lbe opmaca of tbe Wllllr wadcs plaal and s,smm Ullder comrol oftbc City. IN WITNESS WHEREOF tbis imuumcat Im been execmed as of tbe day aad ,ear iku above writtm. AITEST: CITY OF ENGLEWOOD. By _________ _ Mayor City Clerk APPROVED AS TO FOR.'vl: AITEST: City Aaomey City Cleric Theundmignedawhorizedotlicerof hr:l (i,11al c[Ar':'.: !:'":'!ti ~~~"'~ bas :'e3d the foregoing Lic:eme :ii;ip agrees for and on behalf of said .l.l~a.a...i.~ ..... ,cl~~~..__-- C~os!: ~10:bs! e,wcMVit that it will acc::pt;md willlbide by all lbe tmm and conditions thereot: • LICENSEE: AITEST: Title 3 OIDIICANCB NO. SERIES OF 2003 BY AUTHORITY COUNCIL BILL NO . 44 INTRODUCED BY COUNCIL MEMBER GARRETI' AN ORDINANCE AMENDING TI'nE 11, CHAPTER 7, ENGLEWOOD MUNICIPAL CODE 2000, BY ADDING NEW SECTIONS 2S THROUGH 31, INCLUSIVE, PERTAINING TO NEWSPAPER CORRALS, AND AMENDING rrnE 11, CHAPTER 3, SECTION 3, PERTAINING TO OBSTRUCTIONS. WHEREAS, the uncontrolled placement and maintenance of newsracb in the public right-of-way presents a danger to the safety and welfare of persona using such right-of-way, including, but not limited to, pedeatrians, penons entering and leaving buildings, and persons performing essential utility, traffic control, and emergency services; and WHEREAS, newsracb located so II to ca'liie an inconvenience or danger to persons using the public right-of-way and UDSighdy newsncb located therein constitute a public nuisance ; and WHEREAS, the City Council recogni7.es that the use of public right-of-way is historically associated with the sale and distribution of newspapers and other publicationa and access to these areas should be regulated and protected; and WHEREAS, in order to provide the widat dillnllution of publicatiom while at the same time protecting and enhancing the public ript-of-way, the creation and inltallation 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 FOLLOW~: Section 1. City Council of the City of Englewood, Colorado, hereby amends Tide 11, Chapter 7, of the Englewood Municipal Code 2000, by adding the following definitions to 11-7- 2 in alphabetical order: · DEFINITIONS Dis fpllowing words yd obwca whpp HMI& iP Jhis Chaptp; Wll MYe JhF fellowips rnnioa ygJet JhF £11J!F1t pdpwig clearlx io4iew lA Jhs f9Pqpry a. Block · One en •i4c 0ra smcs JactwCCP two c2> wlSSJltixc iotcos&PPB ... DYi IPR ' De NP iJPPP!WslY t4ifsmt IP MY medsr4 M S9R Such NJa ebell lac I 1FP-fqgt-Jri4c lliP w,1151 IP Jbp rpf4py rnww:e4 6pm Jbp curb fl' wipe Jbpg ii g> curb Jbp r4a o(Jbp PIYSl'MPS yd ebeP M 6pm 1M inM ltpp PP forty fg;t jp Jhc fWJSi9P mm,jtp IP Jhc Qow g(tpfllc 10bl I ' • • ~ Cogat· An ,na PP the risht-qf-wav SiQFIPK4 AP tlJm ai4FI bv a fence gr giljpp (or Jbc NP9K pff:9PJD)lliPR Jhs PIISFPlGPS of newmy;ks 12. Exnlicit Ss;xyal Ml· Qepictiom of!GIVN iptpmuqe ogI cgpuJatigp p1 iptgpooqs og1 Pf wt emnlm bptialitv, e4im rnreoshil'P w SWRAJY fippgi90f ip mPPGFtiRP with Klual actiyigy wemvbetim w Jncd ehihitism ef BCPUf11n wheths( w pf the above smlus ii dppjgpl w 4nrzibed u !?Gioe RPfOOJPI e!om w bptp;p JDFPJbm ef Di MPKi m: 9PPRIUF Kl gr bptwap h11rn1P1 IP4 eirnele er OSba: ¥11 of Klual NPHMf ipyplyig phx,icaf ravbP wiJh I PSIPP'I gFPUIJI, pybic bfir ,.;,.pp MUI 9E pal g;gjgp ~ Lighqai) fpp; De N4ncelk NP yd PY Pin! hpardipg nJttfggp e4ilf:Pl1 tA IPY Ji1bVJjl 199 M flFfjppd by the curb liAe I UM paralJpl tA the curb JinF yd §OFISP fps;t frpm the curb JiPS w the tppl flFmh °Cthe ~ pJttfggp. !Cbi&bcm ia Bl5llS whjch Fl P!m'e frpm five m fes;t bpfqg Jhs boardjp1 pJatfimp tA five CS) feet aftq the boardjpg pJatftmns rn,yrjpg ploos Jhs cum lipc, f. Mwss; DJs Citv Mwm w 4Glisw lL L L Nswmf,k· Apy nsJf-pyg 9( q,ip gpgptpd bpJ, 59!lWJNI ""'8F HPb e, pdpfti,mw nPn! ...a srrnehWYPP1 k N diezlty difrbwm g;. Pf lll!WPIIPJ El Albs sniodie!• Pgmittp· Apy PSll9P IFIPPPlihlCi fm NFiPB yd 'PliPlliPiDB a PD'IDB m JIE ri8bt9f-wax rmm· Apy PSPAP w PSl9Pe w s;ptity inchv1ffls but pgg Jjmigpd tA I f-OIPfDSioo limitpd Jjability f9lPPIDY PldPsQhip noiuW99P:tgt NIOGil:Jioo gr ioint vmmm Pictprial Matpial· Apy rnemeJ wR8C!tins pr fdllYCYYll I viaual irnen IP4 incfvdsl but ii got limitpd J9, 1 phgtpggph, mintins 9( dgwirug, Right;;o{·wax · De eptire wjdgh between the bmm4m JiPSe of propgty owngt by the City yd 4slise&nd by tbs City fqr yehicuJar 9( pgJpgjp tpffic Jloadway; That gortiqp pf I SF that ia jmgpygl 4FeiBDM w m1ipprifv ...a fw Y!bia1Jec nm 2 . • .,.. .. .. ,• • • M. ~ Ssvir& of PTfA\I will he f-O'W'lac ,,,,, rneilive a cgpy of apx pptia w 9Pka: to 1he rmu;ars-hv mW mail g;turp n;csipt [P)vc,tpd, IP4 mine the ggtics w 9Pka: via Firnils IPPIPJipigp tg I Fimi!G ownbe: if BF g prpyidpd by the PgmjUM l:i. SjsJewalk; Apy surfp prpyi4Gd (w the MF pf rr!ntriew SJreet· All the RPI de1iseSGd tp RYNis MF me publjc IJDiet PWP9K1 and MAIi iP&lwtc byt pqt hs; JirniSGd IA, rpadwm ns:llua and ai4ellu Im;-Jawn· Jbs RPI betwepp, the ai4FlnPF: and the curb pf apy strg;t. apd wJm JhFn:i ii IKJ 1i4mnJk-Jbe RPI bptwg;p the o4u of thg IPIPIY pd the PIPPSI\Y liPF 14iEFDS JhFp;tp IR!tlawn ebtll we jpclydp IPY NP withip I owJway that is not APPi w xdJiculp; nm Section 2, City Council of the City of Englewood, Colorado, hereby IUIICDds Title 11, Chapter 7, of the Englewood Municipal Code 2000, by adding a new Section 26 to read as follows: Dj;mgsjtiop pf Ngp;b HD1IIFP Plnmd jp lhs right-of-way shall he iP lf&9'J1epq; wjth tbp fp1Jmecjp1 RIJlfSbm· 4. No PPRlf:k MAIi he plnmrJ jp F RPI M wgyJd RPM I m•Sim pf tbp emlieble ekY silFlie • • (d iP lbif f:9flc 9( wJm Jbe exeileble PE'i fq; PIIBlfR hp bp ubenesed IL WJm PF!'PR SIJNI NF g;pyidpd gr g;gujgd U PN1 pf a eenwsmm .,,,.,,,,;Man for I PMSkarJer hlqsls w IHFIS S9IMA[ IN mnbs ef EPP'N ewr enittb!e M 4isWF hpw mpy PFllRlfR MIii he allgya,I cm ex PPC blpGk Das MIii hp gply APP PPRIFk PS mibliFftim PR Si61J11 gp wh aiflF pf the eu:sc& ~ HE»'IAFP ""11 pqt he rktiml hpJtpd gr Of!mris IRrinJ tp ex ms II ex fi1PD Jocn&m iP thc riBJat:of-way All bglg pd lYDfDPeiW ""11 he rpppygl (19m 1M ript:9(-way wha thg llfiWIQS jp mpypl 9( rpppypd, All gwpgJI gfemrsJF• ""'' Jae 'PR'libk me"" IDliPlWR DPIJPFfflpfd,ejgrn:ri:• MY PlllKBR fqupd g:pt IP M iP ttfflffl I WJJ M 8P9iS 9P fPl¥'YN !NR CJ 1·2·39> fr"""'8 HmirieeJ CedR Wl 3 t • • • Section 3. City Council of the City of Englewood, Colorado, hereby amends Title 11, Chapter 7, of the Englewood Municipal Code 2000, by adding a new Section 27 to read IS follows : Pmuittios ofQSWl(Bfip It w,11 hs yplawfuJ for apy PS19P to SiQCL pip maintain or 9PCPIF gp a public sqg;g w liskDlkc El io PY qthp; PYblis wax or pip apy PGD15'4 without fiqt ebfnjpjpp I JPJPit frpm lb5 City Mwss SK dsJiSPES INGifyips tbp foc,tjgp of 1uch PD'RFrk, Ope JPJPit may be jpypd tp iosl94G agy PYPlbcr Pf PCICKIGP pd MJIII be iBPPd by the Nmliaot A PSJPit Pll he G9Plidp;d NPPxc4 ifJbe Citv tekm PP IFPPP witbiD lliP CIO\ mios daxa Nptjfiatioo bv fi:P1ifigl mail (Ftyrp rre:riPS R9HCllt6b that JbF IPPliW9P ii WR rnrn:a' Rhall hp f:9PIWm4 "actigp" for PWMIFI ofthil ~ All Pn'HIW lbfll r,gptaip a IPeks gr gthp gtbpd of inf9'1Dftigp prpyidiPR the MWF addrsP apd tslmbmc mppber of JM oymer pf JhG PD'RIFL Section 4. City Council of the City of Englewood, Colorado, hereby amends Title 11, Chapter 7, Englewood Municipal Code 2000, by adding a new Section 28 to read IS follows: Priority pf Pflf!iJIISQI 0(NcwRltfls• De City MJIII MM the follgwjpg ctjtqia ip fkla:rnjpips wha PF»1E1FP will he m;npigpi M IPY ~ A. 4 PPllRH that ii iP RIP will MYS prigrity IP itp lesetjgp if N klraSim rnms, Jbe qjtqia eebJiebm iP thif TitJe I(• PE1IIP4, which ii in PIH II Jhe limp tbia Qepqg ie smett:d ppt be mpys;cl it Mall have ill curgpg prigrity • Jhc P5RFII IPsilliml. ll. Snm1 prjgrity MJIII be DYSP IA PFYAPIFP oomeirins pyhljgtjopp pyhfjphpd daily or 0xs CS) or PP MD PS uelE IP4 garg1 PCWPIGP that r,oogpjp my)tiplc pyhlietime ~ Third prigrity abell be triYFP SP PF»1E1FP PlPlliPiPR pyhljqgiopf puhfjphpd PAC m tg fom w MD PS wg;k, 12. Fgyrth prigrity MJIII hs IPYFP IA PD1PFP rooSPTins RYbfieSime pyhljphpd Jae fi:septly than IINif I WWz If I puhlicagism bee 9PF PSD'.P knW al IPY 9PF kntim it 1P1Y op)y be 1PJPjgpd I wm4 NWB16k e0cr al) 9fbs mihliseSime haxs bra PPJPippd f91 IMOOICI erthif 11•bsHJggpph I!, "losMkm" PRU al) NWBIFke knMd III N ems li4F ef IN IRCf Pl SN -Hoot f. Whss I PClMIEH mrpl ii bsiPB nfmf N gjgrily P N MM 0( w mrp1 ebelf bs • • id iP !Ne edm:tim t ... .. • • Section S. City Council of the City of Englewood. Colorado, hereby amends Title 11, Chapter 7, Englewood Municipal Code 2000, by adding a new Section 29 to read as follows: 11.1.29· Prplnbjtiopa op the PllfrP11FPl o(Ns;wmep Alt PFD1FP Pleml jp whpJe W in Part PP agy pgrtipp e(JIF risbt-gf-py W wh¥ib gpjg;t ggtp gr gyp; RIX nart of the risbt-gf·wax abflll be Pim in lf£6l4nocs with tbe follqwips prpyi1iqp· ~-It abfll! he yplawful for IPY PD'Rlfc!6 9f PD1PFk cgrpl JR he Pleral jmtalJgl gr YIP4 gr JD1ip1fjpe1 ip She fqUgwipg OJIPPFi l.. l.- Wjthjp two (2) repg of ths curb k w PIYSTPSPl s4sF gf apy mlDIYi Wjtbjp ffxF l5) fsFt e(apy fire hydrant, fire can bpg, polie; can bpJ, SI' PY gthp; PP DP¥iY fwaljty; Op RY oortiop Pf I redsbieo rm, gmp fW diebkf1 Wjtbjp ffxF (S} fat ofyy o(ths fpllnins; PNPPB rnr1P: oos, tqffic SJPlrn! emm bievclp •"" PElse ttw SIMPPAI JR mb1is !PPltt ..... mbtis JF!mhem mskteDL km ths FPMNP JR i4cuPs efr bveiaw mm TNis wgrb of art. IPY rptiqp Pf I 4dxmux 51 MW; 6. Op IPY pgrtigp oft Mii l'Mlz rnerWe fAY!I, PlC'IP: fP4/og Yl1YI bpx sues YSIII em, R llRIBPIP! MP!m SI fll lPY BlNWF SI o11g dcerdxe RfkDlk wilbmn miel NIIPYl1 or IN Citv HeeM w ,w,,,,, 2. Wjthjp I dpjBPIJRI M 9f liptqil "99 L Outnkki SI Nlilffflt tg I PD'I rqg1 wipe S9P1Ja RF 'IP"WCfJ· Op leodese=' NW SI IPY Jocetim whes Jhcn if PA EARJi15 Pldi Ip whoJs 'I in ANS !FIi HWIJ in qr PYII IPY r,,Ni; MDIII 51 PIJD'IY wlp e,ch iP9tHptjgp HM SI rneirdmrre pylppm the IVFSY of PA"NP SI IIPPiOY Section 6. City Council for the City of Enpwood. Colorado, hereby ammda Tide 11, Chapter 7, Englewood Municipal Code 2000, by addina a mw Secdon 30, ID 191d • tbllowa: ~ Prphjhitigp fll diriex gf lPJlip PMSlritk r,Niseejgp """' lg. w djstributjgp frpm NCWR¥ka knPn1 fll SI srrir!ine em swNis PPP11GY MM Ip s • • -• 0 0 . disnlavW or exhibitecl in a OJfDDE ghat exposg to public view &gm the street or sidewalk anv of the followips· I, Any sWSPsiPts or word& desctjbipg wlicit mual act& sexual orsan, or exe:,;mcgt whse such @JGD'GPM w wm:41 have u Jbcir RWP9IF or effect sxual m;gyyl or ggtificatigp; 2 Anx Pictprial man 4FPictins a P1iP9P's sGJPtals Pubic hair periPMP, um or apa1 JEgipp; or 3 ADY nictgrial matqial fkpictip1 GIPlicit Klual IFJI 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 u follows: .11:2:ll: RFPlPYN of Ml'1PJSk1 Anx Ml'1PJSk fqupd in yigJerim of this sectiop ii ewess go JFmoyal by SPP1gygp gfJbs cjty wfreslmemefl •gpdq the (ollowjrug BVi4FJjpg: D.. A thjrty l3m flax ggtjg; wxielttim eb:111 he Km4-£OOVIISPS with mYPicipal FYiss o{TJRI ,rm 1¥ PDP' of JhF PfflPIFk, Sai4 ggtics ebell • forth tbp xieletifl'e pd ggujg tbp gwpq tp BIIJFE\ tbp pmbk;m by biPsins Jbs PFDJFk jptp mrnofippg; sn: by rppgya1 pf Jbs PD'ITH: Jo the mm d!II Jbs 9YOKI hp pqt cqqpctg1 Jbs mlNsm sn: gmpygt sn: moved tbs PFlPil'i& Jbs Cjty PWY I& Jbs PPFPIS gf tbp 9JPR IRPPYF the PFilrBR pd PIP IN Ml'1PJSk pd ill fOOIPUI jg 1111P Ip Jhe SYSN Jhet I Pfl1KIJP 9MD¥ill IN; rjpt-gf-py WRY NFJA1ks lllFF1 SI' gghsr PYl!lis VY IN City ebfll pqtj(y Jbs ens gftbp oswo;k ne,mrs ,aw IN ens gmgye w PJAYSi 1M '"""* 1p Jhs EYSPI Jba1 the gwpg; dpp ppl £PP9YS gr PJAYSi 1M PEYs1'Hs pd ypop thirty CJID days SIIDlfflR frpm thp jpitjel pptics JhF Citv max u;moxs Mkl PEYs1'Hs If WM slehPP1 YsiJbiA thirty <JPl 4mn it i1 4eePJcd PJPPSdY of lbc Citv, Section 81 City Council for the City of Englewood, Colorado, hereby amenda Title 11, Chapter 3, Englewood Municipal Code 2000, by amendina Section 3, Subsection 8, to read u follows : 11 -3-3: Obstructions and Harmful Substancea. A. Materials, except u odlerwilc provided iD this Code . It lllall be unlawful for any penoa to obllruct a meet, sidewalk or pas witb any debris, lumber, sand. pavel, din, alwvJoned or wncbcl aulomobila or 6 ' .. ,• • • B. n \ ....__). 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 poasible. 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 person to erect any booth or stand for the display of any merchandise for advertising on any sidewallt 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 sidewallts or streets of the City; provided, however, that nothing in this subsection shall prevent the receiving or delivering of goods, wares or merchandise, provided that no obstructions of sidewalks or streets for this purpose shall be of Jonaer 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 ,x a gpmjqpd PClPJIFk Diem! in S9JJJD!MR with Jhia Title Section 9. 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 bean a ntional relation to the proper legislative object sought to be obwned. Section IO, Seye,abiljty, If any clause, 1e11teoce, paragraph. or part of this Ordinance or the application thereof to any person or circwmtances shall for any reason be adjudpd 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 penona or circumstances. Section 11 . Inconsistent QnliPfDCS'I, All other Ordinanc:ea or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 12. Effect of repeal or modification, The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of ll1lfainina any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose ofsustainina any jlJdament, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedirip, or proeecutiona. Section 13. bDll1x. The Penalty Provision of Section 1-+l EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and pused OD lint readina OD the I Sth dliy of Seplember, 2003 . 7 ' .. .. • • ., ~ . Published 811 Bill for an Ordinance on the 19th day of September, 2003. Read by title and passed on final reading on the 6• day of October, 2003. Published by title 81 Ordinance No. __ __, Seriea of 2003, on the I~ day of October, 2003 . Beverly J. Bradshaw, Mayor Attest: Loucriahia A. Ellil, City Clerk I, Loucrisbia A. Ellis, City Clerk for the City ofl!qlewood, Colorado, hereby certify that the above and foreaoina is I true copy of the Ordinance paaecl on final reading and publisbed by title 81 Ordinance No. ___, Seriea of 2003. ORDINANCE NO. SERIES OF 2003 BY AUTHORITY COUNCIIL Bll.L NO. SI INTRODUCEDBYCOUNCll. MEMBER YURClDCK AN ORDINANCE AMENDING TITLE IS, CHAPTER 3. SECTIONS 3, 4 AND 6, ENGLEWOOD MUNICIPAL CODE 2000, ON ABATEMENT OF NUISANCES, TO CHANGE THE TIME LIMITS FOR ABATEMENT OF NUISANCES. WHEREAS, the Code Enforcement Advisory Committee bas 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 1. City Council of the City of Englewood, Colorado, hereby amends Title IS, Chapter 3, Section 3, of the Englewood Municipal Code, as follows: IS-3-3: Notice Form. The following notice shall be used by all depu1mcnts empowered with the abatement of any and all nuisances of this Title NOTICE Notice is hen:by &iven thal there exists upon this property die followina c:oaditioa(1) or violaiion(s) which give rise IO a nuisuce punuant to the folJowina section(•) oflbe Enslcwood Municipal Code: You have lhiny (39) f911GFSP 04} days in which to abate tbc above-dacribed nuisance(s). In the event that you do not abate tbe nuisanc:e(s) within tbc ._., (3~ fourtsep 04} days, the City of Englewood may, at its option, abate tbc nuillnce at )'OW' expense or, in the alternative, issue a summons and complaint, or bocb, directiq that you appear in the Municipal Court for tbe City of Englewood, IO answer IO tbc c:baraa as set forth above. In the event that you do not believe that there exists upon this property tbc nuisacc(a) as set forth upon this notice, you have tbe riaht IO appeal this notice and to request an administrative bearina by IIIWJII I written demmMI ID die City for I belrma widliD seven (7) days of tbe postin1 or receipt of this notice . Such wriam demad mil be made IO the Clerk oftbe Englewood Municipal Court, on lbe form provided by said Clerk. 10bii r ' • • ·• • • Section 2. City Council of the City of Englewood, Colorado, hereby amends Title IS, Chapter 3, Section 4, of the Englewood Municipal Code, as follows: 15-3-4 : Responsible Party Abatement. Within Ill~ (3~ foun;en 04} 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 . Scctjon 3. City Council for the City of Englewood, Colorado, hereby amends Title IS, Chapter 3, Section 6, of the Englewood Municipal Code, as follows: IS-3-6 : City Abatement Options. In the event that the nuisance is not abated within the lhitt, (]9~ fourt;eg 04} days set forth in the notice and if no appeal of the notice hu been filed by the responsible 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, 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 10 be obtained. Sectjon 5. Sevcrabjljty. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circwnstanccs shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidalc the remainder of this Ordinance or it application to other persons or circumstances. Section 6. Inconsistent Ordjnanccs. All other Ordinances or portions thereof inconsistent or conllicting with this Ordinance or any portion hereof arc hereby rcpcaled to the extent of such inconsistency or conflict. Sectjon 7. Effect of rcpca1 or modipcatjon, The rcpcal or modification of any provision of the Code of the City of Englewood by this Ordinance shall noc rclcuc, cxtinpish. 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 provision, and each provision shall be treated and held as sti II remaining in force for the purposes of sustaining any and all proper IC1iom, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, u well as for the purpose of sustaining any judgment, dccrcc, or order which can or may be rendered, entered, or made in such actions, suits, procccdinp, or proaec:utions . Section 8. fmllix. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. ' • • 2003 . Attest : Introduced, read in full, and pused on first reading on the ts* day of September, 2003. Published as a Bill for an Ordinance on the 19th day of September, 2003 . Read by title and pas!ed on final reading on the 6• day of October, 2003 . Published by tide as Ordinance No .__, Series of 2003, on the I~ day of October, Beverly 1. Bndlbaw, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Enpwood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance puled on final reading 111d published by tide as Ordinance No . __ , Series of 2003 . Loucrilbia A. Ellis • • BY AUTHORITY COUNCIL BILL NO . 65 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE AMENDING ENGL~WOOD 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. WHEREAS, in 2002, City Council dilcusscd and approved cbaages in Sections 113 and 116 of the Home Rule Charter concerning competitive bidding and capital improvements raising the amounts that would require competitive bidding; and WHEREAS, these changes were made because inflation bad made the limits overly restrictive; and WHEREAS, the Englewood Municipal Code needs to be changed to agree with the Charter changes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOO, COLORADO, TiiA 1': Section 1. City Council for the City of Englewood, Colorado, hereby amends Englewood Munici~ Code Title 4, Chapter I, Section 3, Subsection I 8, to read u followl: 4--1-3-1 B : Purcbue without Bids: 8. The City Manager or designee sball have the IUlbority ID purcbue supplies, materials and equipment in cxceu of w •• d •11111 ElliCMMl,08) AD sbotJMPfl dQllm ,ss 000) upon the open mmet or tbrouab neac,cillioas wt without m:eiving sealed, competitive bids tbmefore, in lbe followinc situations and subject to the following conditions, provided that none of IUCb pun:bua shall exceed• •• 11 Ml ..... (Sl9,CICICij twpty-fiw; Sbee!MPd dgflpg ,m 999 00} ~-City Council for the City ofEnalewood. Colorado, hereby IIIICllds Englewood Municipal Code , Title 4, Cbapler I , Section 3, Subsection I, by adding a new puapaph E to read as follows : 4-1 -3-1 : Purcbue without Bids. ~ IN Cjty Hemm""" hpyg ,a,; N!d!eriSx Ip ...... ffllWiw RI RAlicie nrsnen JA gpm1 mn:bnine ¥PmP ;, e effssin e4 rfflsimS PMPW ia essor1ecss with ,a,; Hems BMk Qnr e4 MJptjpf Cede e(,a,; Cjty offnskwee4 ,, t .. • • Sec;tion 3, Safety Cfenm, The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Eqlcwood, that it is promulgated for the bealdi, safety, and welfare of the public, and that tbis Ordimnce ii aeceamy for the preservation ofbealth and safety 111d for the protectioa of public convmicnce and welfare . The City Council ftutber determines that the Ordinance bean a ntionll relation to the proper legislative object sought to be obtained. Sectiop 4, Seyaabiljty, If any clauae, sentence, plrlll'lph, or part of this Ordinance or the application thereof to any pcnon or cin:umstances shall for any reuon be adjudged by a court of competent jurisdiction invalid, such judpnent shall not affect, impair or invalidllle the remainder of this Ordinance or it application to other peno111 or circumltwes. §ectjop 5, lpcomiltept 9miDIPPll, All other Onlinancea or poniom thereof inconsistent or conflictin& with this Ordinance or any portion hereof me hereby repealed to the extent of such inconsistency or conflict. Section 6, Eft'ect of repeal or rnodifisetion The repeal or lllllclificalioa of my provision of the Code of the City ofEqlcwood by this Ordinance shall not releae, minpilb, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, eitbs civil or criminal, which shall have been incurred under such provision, and each provilioa lball be llemd and held as still remaining in force for the purposes of su.miaina my and all proper actioal, suits, proceedinp, and prosecutions for the enfon:emcnt of the penalty, forfeiture, or liability, u well as for the purpose of sumiaina any judpnent, decree, or order wbicb c:111 or may be rmdcred, entered, or made in such actions, suits, proc:eediap, or pl'ClleCUtiou. Sectioq7, ~ ThePeaaltyProvwionofSection 1-4-1 EMClllall~toeach 111d every violation of this Ordinance. . 2003 . Attest: Introduced, read in full, and puaed on tint radiq on the ts6 day ofSep4tmber, 2003 . Published u a Bill for an Ordinance on the 19* day ofSepmmber, 2003. Read by title and puscd on final radiq on the 6* day of October, 2003 . Published by title as OrdiDaDce No.__, Series of 2003, on die lo* day of October, Beverly J. Bndlbaw, Mayor Loucrisbia A. Ellis. City Clerk I, Loucrishia A. Ellis, City Clerk for the City ofEqlcwood, Colondo, hereby certify the above and foreaom, is a ttue copy of the Ordinance puNd oa fiaal reading md publiabed by title as Ordinance No.---> Series of2003. Loucrilbia A. Ellis BY AUTHORI1Y SERD!S OF 2003 COUNCIL Bill NO . 66 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR COOPERATION BETWEEN nm CITY OF CHERRY HILLS VIl..LAGE AND nm CITY OF ENGLEWOOD FOR COMPLETION OF nm U.S . 28S SIDEWALK PROJECT. WHEREAS, the City ofEqlewood submitted an application for Federal TEA-21 enhancement money for sidewallt installation OD the llOl1h aide of Highway 28S &om CJmbon Street to Old Hampden Avenue; 111d WHEREAS, in August of 2002, Denver Regional Council of Governments informccl the City of Englewood dial additional funding was available for projects in 2003 to 2008 and the U.S. Highway 28S sidewallt project was selected for IIUCh funding; and WHEREAS, Cheny Hilla Village is supportive of the Project and ~ apeed to cooperate and participate with the City of Englewood in completion of the Project in the area located in Cheny Hills Village. NOW , TIIEREFORE, BE IT ORDAINED BY nm CITY COUNCIL OF nm CITY OF ENGLEWOOD, COLORADO, THAT: Sa:lim...l. Thal die Intergovernmental Agreement between die City of Bnglewood. Colondo, and Cheny Hills Village. Colondo. for sidewalk iD!Jlllladm on the north aide of Highway 285 from Clarbon Street to Old Hampden Avenue is hereby approved. A copy of uid lntergavemmcntal Agreement is aaacbed hereto u Exhibit A. ~-The Mayot and City Clerk are hereby autbori1.ed to sign and aaest uid qmment for and OD behalf of die City of Englewood. Introduced, read in full, and paacd OD first readina OD the 1 Sth day of September, 2003 . Publi shed as a Bill for an Ordinance on the 19th day of September, 2003. Read by tit le and passed OD fi nal rcadi n& OD die ,,. day of October, 2003. Published by ti tle as Ordinance No . __ , Series of 2003 , OD die to* day of October, 2003 . Be\-.ly J. Bnidlbaw , Mayor ATTEST : Loucrishia A. Ellis, City Clerk t • • I, Loucrishia A. Ellis, City Clert for the City of F.ng)ewood, Colorado, hereby cenify the foregoing ii a true copy of the Ordinance, introduced paued on final reading IDd published by title II Ordinance No. __ , Series of 2003. Loucriahia A. Ellil, City Clert 0 ·• • • THE INTERGOVERNMENTAL AGREEMENT (IGA) 0 (J FOR COOPERATION BETWEEN THE CITY OF CHERRY HILLS VILLAGE AND THE CITY OF ENGLEWOOD FOR COMPLETION OF THE U .S. 285 SIDEWALK PROJECT TIIIS AGREEMENT. made this~ day of Au~ f , 2003, by and between the CITY OF CHERRY HILLS VILLAGE (Cheny Hills) and CITY OF ENGLEWOOD, COLORADO, (Englewood), WITNESSETH 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 illustrated 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 linear feet of this Project is located within the City of Cherry Hills Village; and WHEREAS, Cherry Hills Village is supportive 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 Partie s hereby agree as follows : l . Scope of Agreement. This Agreement defines the responsibilities and financial commitments of the Parties with respect to the Project. 2. Scope of the Project. The Project sball include the final design of improvements for the U.S. Highway 28 5 sidewalk project as shown on Exhibit A. 3. Public Necessity. The Parties agree that the work 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 Englewood. 4 . Project Costs and AHocation of Costs . The Parties agree that for the purpose of this Agreement the Project costs shall be allocated as 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 of 5-foot Englewood -1,725 l.f. Wide detached sidewalk Cherry Hills -400 1.f. Therefore, based on the Project costs, the maximum contribution by each party shall be Englewood -$89,814; Cherry Hills Village-$10,196. S. Management ofFjnanccs. Payment of Cherry Hills Village's share shall be made to the City of Englewood subsequent to execution of this Agreement and within thiny 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 earned by the monies contributed by Cherry Hills Village shall be accrued to the special fund established for the Project and such interest shall be used only for the Project. Within one year from the completion of the Project, if there are any monies, including interest earned, remaining which are not committed, oblipted. or disbuned to or for the Project, each party shall receive a percentage of such monies '5 follows: Englewood 90"/e; Cherry Hills Village 10%. 6. Ownership of Property and Limitatiogs of Use. Englewood and/or Cherry Hills Village shall own the property, either in fee or nonrevocable easement or right-of-way and shall be responsible for the same. It is specifically understood that the rights-of-way are being used for sidewalk purposes. 7. Maintenance . The Panics agree that Englewood or Cherry Hills Village shall each own and be responsible for maintenance of that portion of the completed and accepted Project that is located within the Party's municipal jurisdiction. 8. Tenn of the Agreement. The term of this Agreement shall commence from final execution by all parties and shall terminate rwo years after the final payment to the construction contractor and the final accounting .of funds on deposit at the City of Englewood is provided to the Panics. 9. Liability . Each Party hereto shall be responsible for any suits, demands, costs, or actions at law resulting from its own acts or omissions and may insure against suc!i liabilities u the Party deems appropriate . ' '40 .. .. j • • 10. Contracting Officers and Notices. The contracting officer for Englewood shall be the Director of Public Works, City ofEnglewood, 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. Scverabiljty. If any clause 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 as a whole and all other clauses or provisions shall be given full force and effect 13. Applicable Laws, This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Venue for any and all legal actions regarding the transaction covered herein shall lie in the appropriate court in and for the County of Arapahoe, State of Colorado . 14. Assitmabjljty. No party to this Agreement shall asaign or transfer any of its rights or obligations hereunder without the prior written consent of the nonassigning party or parties to this Agreement. Such consent may be withheld for any reason. IS . Binding Effect. The provisions of this Agreement shall bind and shall inure to the benefit of the Parties hereto and to their respective successors and permitted assigns. 16. Enforceabiljty . The Parties hereto agree and acknowledge that this Agreement may be enforced in law or in equity, by decree of specific performance or damages, or such other legal or equitable relief as may be available subject to the provisions of the laws of the State of Colorado. 17 . Appropriations. Notwithstanding any other term, condition, or provision herein, each and every obligation of Englewood and Cherry Hills stated in this Agreement 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 Beneficjaries, It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relatin& to such enforcement, shall be strictly reserved to the Parties, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person on such Agreement. It is the express intention of Parties that any person or party other than any one of the Parties receiving services or benefits under this Agreement shall be deaned to be an incidental beneficiary only . t .... • • WHEREFORE, the Parties hereto have caused this imtrumcnt to be executed by properly authorized signatories u of the date and year fint above writtm. SIGNED the day and year first above written. CITY OF ENGLEWOOD, COLORADO Beverly J. Bndsbaw, Mayor Attest: Loucrishia A. Ellis, City Clerk Douglu Scott, Ma Attest: obeitWi<lner,itmey for Cherry Hills Village COUNCIL COMMUNICATION Date Agenda Item Subject October 6, 2003 C-West Code Consultants INITIATED BY STAFF · SOURCE Littleton/Englewood Supervisory Committee Stewart H . Fonda, Utilities Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Approval of the engineering and design of the Phase 2 construction project. RECOMMENDED ACTION The recommended action is to appr ~ / ~ for pl.an review services for the 2 L eton/fnglewood Wastewater Treatment Plant ·· Expansion ~IM andlliltfllfllP'•• . BACl<GROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED L/E WWTP Staff and Brown & Caldwell have been working with the Englewood Building Department to ensure timely review of the Phase 2 project. In meeting with lance Smith, Chief Building Official, it was decided that the project should be sent to the City's plan review consultant, C-West Code Consultants. This company does a large proportion of the plan reviews for the City, and previous discussions about the project have involved this firm. A construction valuation has been prepared by B&C and reviewed by the City. The construction valuation includes the entire construction project, less process equipment and contingencies. This valuation has been established to be $34,277,000. Based on this valuation, the plan review fee has been calculated at $71,780.35. This plan review fee includes both Building and City department code reviews. By established City procedures, 70% of the plan review fee is assigned to the designated building code reviewer, C-West Code Consultants. The remaining 30% of the plan review fee is assigned to the City for interdepartmental code reviews and coordination. Staff requests to move ahead with the plan review using C-West Code Consultants in the amount of $50,246. The plan review fees are available in the 2003 project budget The City departmental review will proceed in January, when the 100% plans and specifications are ready and submi tt ed. FINANCIAL IMPACT The cost of th e plan review services is $50,246.00, is a capital cost and will be split 50/50 with the City of Little ton. Funds for th e project are included in the 2003 budget LIST OF ATTACHMENTS C.Wes t Contract for professio nal services. t • • --- CONTRACT FOR PROFESSIONAL SERVICES CITY OF ENGLEWOOD, COLORADO THIS CONTRACT and agreement, made and entered into this day of , 2003 by and between the City of Snglewood, a m--un----ri-c~i-p-a~l~c-o-rp~o-r-a~t-ir'o-n~o~f the State of Colorado hereinafter referred to as the "City", party of the first part, and C-West Code Consultants, Inc. , hereinafter referred to as the "Consultant•, party of the second part, for the following: PROJECT: Plan Review Services for the Phase 2 Wastewater Treatment Plant Expansion Project WHEREAS, proposals have been received by the Director of Utilities with a recommendation that a contract for said work be awarded to the above named Consultant, and WHEREAS, pursuant to said recommendation the Contract has been awarded to the above named Consultant by the Director of Utilities and said Consultant is now willing and able to perform said work in accordance with the proposal. NOW THEREFORE, in consideration of the compensation to be paid under the Contract, the mutual agreements hereinafter contained are subject to the terms hereinafter stated: A. Contract Documents : It is agreed by the parties hereto that the following list of instruments, drawings and documents which are attached hereto, bound herewith or incorporated herein by reference constitute and shall be referred to either as the Contract Documents or the Contract and all of said instruments, drawings, and documents taken together as a whole constitute the Contract between the parties hereto and they are as fully a part of this Agreement aa if they were set out verbatim and in full herein: Proposal from C-West Code Consultants, Inc. dated Sept..aber 8, 2003 Agre-ant (this inat:ruaent) Other Documents (none) B. Cit Obli ations Confidentialit The City shall provide Consultant with reports an sue other data as may be available to the City and reasonably required by Consultant to perform hereunder. No project information shall be disclosed by Consultant to third parties without prior written consent of the City or pursuant to a lawful Court Order directing such disclosure. All documents provided by the City to Consultant shall be returned to the City. Consultant is authorized by the City to retain copies of such data and materials at Consultant's expense. Excluded from confidentiality is information in the public domain, which comes into the public domain or was previously known by the Consultant. c . Scope of Services : The Consultant agrees to and shall furnish labor, tools, supplies, equipment, materials and everything necessary for and required to do, perform and complete the work described, drawn, set forth, shown and included in the attached Proposal, dated September 8, 2003 ., .. . ~ '· • • •• • 0 D. Indemnification: The Consultant agrees to indemnify and hold harmless the City, and its officers and its employees, from and against all liability, claims, demands, and expenses, including court costs and attorney fees, on account of any bodily injury, loss, or damage to tangible property, which arise out of or due to the work to be performed under this Agreement, if such injury, loss, or damage is caused by the negligent act of omission, error or professional error, of the Consultant, any subcontractor of the Consultant, or any officer, employee, or agent of the Consultant. The obligations of this Section D. shall not apply to damages which the City shall become liable to pay a third party as the result of the negligent act or omission, error, professional error, mistake, accident, or other fault of the City of Englewood. E. Terms of Performance: The Consultant agrees to undertake the performance ol the work under this Contract within ten (10) days from being notified to commence work by the Director of Utilities and agrees to fully complete said work by no later than February 28 1 2004 , plus such extension or extensions ol time as may be granted by the Director of Utilities. F. OWnership of work Product: Upon payment to Consultant pursuant to this Agreement, all work, data, drawings, designs, plans, reports, computer programs (non-proprietary), computer input and output, analyses, maps, or any other materials developed for this project are and shall be the sole and exclusive property of the City. However, any reuse of the documents or use of documents not completed for the intended purpose by the City without prior written authorization by Consultant other than for the specific intended purpose of this Agreement will be at the City's sole risk. The Consultant will provide the City with a ten (10) day written notice prior to disposal of project documents it has retained during which time the City may take physical possession of same at the storage site. G. Terms of Payment: The City agrees to pay the Consultant for the performance of all the work required under this Agreement, and the Consultant agrees to accept as its full and only compensation therefore, such sum or sums of money as may be proper in accordance with the price or prices set forth in the Consultant's fee schedule hereto attached and made a part hereof, the total estimated cost thereof not to exceed fifty thouaand two hundred and forty aix dollar• and no cent• (.$50,246.00), H. Appropriation of Funds: At present, $ 50,246.00 has been appropriated for the project. Notwithstanding anything contained in this Agreement to the contrary, in the event no funds or insufficient funds are appropriated and budgeted by the governing body or are otherwise unavailable by any means whatsoever in any following fiscal period for which appropriations were received without penalty or expense except as to those portions of the Agreement or other amounts here i n for which funds have already been appropriated or are otherwise available. The Ci ty shall immediately notify Mr . Gait J. Nickerson, President C-West Code consultants, Inc . or its as~gnee of such occurrence in the e vent of such termination. Al l wo rk a c comp lished by the Consultant prior to the date of auch t ermi nat ion sha l l be recorded and tangible work document• shall be transferr e d t o and become the sole property of the City prior to 2 ' .. .•' • • payment for services rendered. The consultant will be paid for services and goods provided up to the termination date and project close-out costs. I. Contract Binding: It is agreed that this Contract shall be binding on and inure to the benefit of the parties hereto, their heirs, executors, administrators, assigns, and successors. J. Laws to be Observed: The Consultant shall be cognizant of all applicable Federal and State laws and local ordinances and regulations which in any manner affect those engaged or employed in the work or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same, and shall at all times observe and comply with all such applicable existing laws, ordinances, regulations, and decrees, and shall protect and indemnify the City against any claim or liability arising solely from or based solely on the negligent or willful violations of any such law, ordinance, regulation, whether by itself, its subconsultants, agents or employees as a result of the negligence of the Consultant. K. Termination and Assignment of Contract: This contract may be terminated by either party upon seven (7) days written notice to the other party. It is the intent hereunder to secure the personal services of the Consultant, in manner aforesaid, and this Agreement shall not be assigned, sublet or transferred without the consent, in writing of the City. L. Inspections, Reviews and Audits: During all phases of the work and services to be provided hereunder the Con~ultant agrees to establish a working office at a place agreeable to the City, and permit duly authorized agents and employees of the City to enter the Consultant's offices for the purpose of inspections, reviews and audits during the normal working hours. Reviews may also be accomplished at meetings that are arranged at mutually agreeable times and places. Consultant and its subconsultants shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract, for inspection by the City, or any authorized representatives of the City, and copies thereof shall be furnished if requested . M. Disputes : Except as otherwise provided in this Agreement , any dispute concerning a question of fact arising under this Agreement which is not disposed of by agreement will be decided by the Director of Utilities for the City of Bnglewood. The decision of the Director of Ut i lities will be final and conclusive unless, within ,}O days after the date of receipt of a copy of such written decis i on, the Consultant mails or otherwise furnishes to the City a written appeal addressed to the Director of Utilities of the City of llnglewood. In connection with any appeal proceeding under this clause, the Consultant shall be afforded an opportunity to be heard and to offer evi dence in support of its appeal . Pending final decision of a d i spute hereunder , the Consultant shall proceed diligently with t he 3 t .· ••• t • • performance of the contract in accordance with the Director of Utilitiea• deciaion . Claima, diapute• or other .. tter• in queation between the partiee to the agreement arieing out of or relating to thie agreement or breach thereof ahall be eubject to and decided by a court of competent juriadiction. Thie diaputee clauae doee not preclude coneideration of queetione of law in connection with deciaione provided for in Paragraph above. Nothing in thi• contract, however, ahall be conetrued ae making final the decieion of any adainietrative official, repreeentative, or board on a queation of law. N. General: 1. Coneultant ehall COlllply with applicable deeign provieione of lawe, cod•• and regulatione in force ae of the date of thie Agreement ueing current engineering interpretation , but Coneultant •hall not be reeponeible or liable for change• to, operational aepecte, or future differing interpretatione of euch lawa, cod•• or regulation• or for changed uae of the facility. z. Thie Agreement ie intended eolely for the benefit of the partie• hereto. Nothing herein expreaeed or implied ie intended to or ahall be conetrued to confer upon, give or create to any person or entity other than the partiee hereto any right, duty, benefit, intereat, remedy, .etandard of care or cauae of action. IN WITNESS WHBREOP, the partiee have caueed theee present• to be aigned peraonally or by their duly authorized officer• or agent• and their eeals affixed and duly atteeted the day and year firat above written. Thi • Contract i• executed in 3 counterpart•. 4 CITY OP INGLBWOOD 1000 BNGLBWOOD PARXWAY BNOLBWOOD, CO 80110 by Director of Utilltlea Party of the Piret Part C·WBST CODI CONSULTANTS 2801 YOUNGPIBLD ST., SUITI 300 GOLDIN, CO 80401 by ""a""a-ry-""J"".-=N"'"l-c .. k_e_r-ao_n _____ _ Preaident Party of the Second Part c~w.~ 2101 Youngtleld St., Sulla 300 Golden, Colorado 80401 TELE (303) 205-7180 FAX (303) 425-00M September 8, 2003 Mark Van Nostrand, P .E. Littleton/Englewood Wastewater Treatment Plant 2900 S. Platte River Drive Englewood, CO 80110 Re : Wastewater Treatment Plant Expansion/Renovation Mark, C-West is pleased to offer this proposal for Plan Review servlc:es for the Wastewater Treatment Plant. The project budget for our review scope is $34,2n,ooo and will be reviewed in 2 phases. The valuation of the first phase work is $10, 138,000 and $24, 139,000 for the second phase. The project will be reviewed for conformance to the following Codes, 1997Uniform Codes(UBC, UMC, UFC) 1997 Uniform Plumbing Code(UPC) 1999 National Electrical Code(NEC) CASO/ANSI A 117 .1 Accessibility Standards (CIA) (Per Englewood Adoption) Review fees are based upon the 1997 UBC and are calculated as follows, Englewood Wastewater Treatment Plant Ya.Lu~rr Permit Fee Plan Review Fee ~.277,oli!J . $5,608.75 for first $104,822 .55 for balance at $110 ,431 .30 Total Permit Fee $71,780.35 Calculated at $1 ,000,000 $3.15 per of Permit F• $1,000.00 C-Weat Fee $50,246 Calculated at 70% of Plan Review fee Fees will be billed upon completion of each phase of review aa follows, Phase 1 $15 ,000 (Sept/Oct '03) Phase 2 $35,246 (Jan/Feb '04) Should you have any questions please feel froe to contact myself or Ron Drey . Sincerely, C-West Code Consultants , Inc. Gary J . Nickerson , RA President t .. .. . . • • COUNCIL COMMUNICATION ., Date Agenda Item subJect October 6, 2003 11 a i Bill for an Ordinance Adopting the Budaet for Fiscal Year 2004 Initiated By I Staff Source Deoartment Of Finance and Administrative Services Frank Grvalewicz. Director II COUNCIL GOAL AND PRMOUS COUNCL ACTION City Council and staff held a 2003 Goals/2004 Budget discussion on April 28, 2003. A prelimlna,y budget summary and update was done on August 11, 2003. A public hearing regarding !he proposed 2004 Budget was held on September 15, 2003. The operating budgets and Multiple Yea, capitM Plan for all City departments and funds was reviewed at a budget retreat held on September 27, 2003. RECOMMENDED ACTION Staff recommends Council approve the proposed bill for an ordinance adopting the 2004 budget. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDfNTIRED The Charter of the City of Englewood requires the City Council to adopt the MIit YNf'1 Budpt and Appropriation Ordinances no later than thirty days prior to the first day of the nect lie.II~. FINANCIAL IMPACT The General Fund is budgeting total sources of funds of $34,205,148 and total use1 of funds at $34,680,127 leaving an unreserved/undesignated fund balance of $3 ,562,866 o, 10.4 percent of total sources of funds. LIST OF ATTACHMENTS Proposed bill for an ordinance -· ORDINANCE NO. SERIES OF 2002 BY AUTHORITY tlOUNaL BILL NO. 72 INTRODUCED BY COUNCIL MEMBER~~~~~- AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, POlt nm FISCAL YBAll 2004. WHEREAS, pursuant to the provisions of Part I, Article X, of the Charter of the City of Englewood, Colorado, a budget for the fiscal year 2004 was duly IUbmitted by the City Manager to the City Council on August 29, 2003; and WHEREAS, a public hearing on the said budget was held by the City Council within three weeks after its submission at the meeting of the City Council on September IS, 2003. Regular notice of the time and place of said hearing was published within seven days after submission of the budget in the manner provided in the Charter for the publication of an ordinance;and WHEREAS, the City Council of the City of Englewood has studied the budget on numerous occasions; and WHEREAS, it is the intent of the City Council to adopt the 2004 budget as now submitted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: ~-That the budget of the City of Englewood, Colorado, for the fiscal year 2004, · as submitted by the City Manager and duly considered by the City Council after public hearing, be and hereby is adopted as !he budget for the City of Englewood for the fiscal year 2004. Section 2. GENERAL FUND Total Fund Balance, January I, 2004 Rev enues Sales/U se Tax Property and Specific Ownership Tax Franchise/Occupation/Cigarette Tax License/Penni ta Intergovernmental Revenue Charges for Services Cultural & Recreation Fmcs & Forfeiturca Misccllaneou1 Total Revenues Other Financing Sources Total Soun:es of Funda 20Q4BUDOET S 5,14S,331 20,000,000 2,783 ,7SO 2,S79 ,92S 7S3,4S2 1,253,926 2,678,164 1,952,589 1,461,486 m.ooo S 33 ,738.292 WiMfi $34,205,141 t .... .. • • Expenditure, Legislation 344,543 City Attorney's Office 677,633 Municipal Court 829,997 City Manager's Office 588,561 HumanReaoun:ea 525,113 Finance and Adminiatrltive Services 1,438,639 Information Technology 1,228,676 Public Workl 4,639,537 Safety Services 14,111,325 Community Development 1,649,667 Lilnry Servicea 1,157,822 Parb and Recreation Services S,()25,400 .. Contingencies 202,000 Debt Service 2.261.21~ Total u-of Pllnda S 34,680,127 . Total Fund Balance, December 31, 2004 S 4,670,352 ~ DEBT SERVICE FUNDS General Qbli&llilDI Bond &ad .. Fund Balance, January l, 2004 s 23,366 Revenues s 1,()02,000 Expenditure, s 969,620 Fund Balance, December 31, 2004 s 55,746 • Pavio11 Di,qjct f3S Fund Balance, January 1, 2004 s < 88,393> Revenues s 37,414 Expenditure, s 7,779 Fund Balance, December 31, 2004 s <58,758> P,via11 PisJrict 137 Fund Balance, January l, 2004 s 162 Revenues s 3,159 - Expenditwu s 3,321 Fund Balance, December 31, 2004 s -0- • • f1Yia1 Di1trict fll Fund Balance, January I , 2004 s 5,155 Revenues s 66,910 2 Expenditures $ 71,039 Fund Balance, December 31, 2004 $ 1,026 Concret.c Bl:lllw::DIClll Dinrkt l~ Fund Balance Janua,y 1, 2004 $ <ll,9Ul> Revenues $ 5,290 ' . Expenditwea s 4,348 Fund Balance December 31, 2004 s <10,968> .. ·" .. Sa3imL.4. SPBCIAL REVENUE FUNDS COIW!l'Vllilm Trust Eullli Fund 8alance, January 1, 2004 s 249,342 Revenue& s 377,750 Expenditwea s 525,000 Fund Balance, December 31, 2004 $ 102,092 rllllltlV!ICw Revolria1 I dllll l!Jilld Fund Balance, January 1, 2004 s 180,175 Revenue& s 5,000 Expenditures s 30,000 Fund Balance, December 31, 2004 s 155,175 Camm1111ib Devek1P"ffl! EIIDd Fund Balance, January 1, 2004 s -0- Revenues s 150,000 Expenditures s 150,000 Fund Balance, December 31, 2004 $ -0- [)gnors Fund Fund Balance, Janua,y 1, 2004 s 1,282,731 Revenues $ 145,550 • • Expenditun:1 s 149,150 Fund Balance, December 31, 2004 s 1,279,131 3 Malley Ccotcc In!ll Pund Fund Balance, January I, 2004 Revenues Expenditures Fund Balance, December 31, 2004 Pub and Rg;n;aljll) Trull Pund Fund Balance, January I, 2004 Fund Balance, December 31, 2004 Sa;ial !a ereemcnt Sm:plm & Qcficicpcy Pugl Fund Balance, January I, 2004 Revenues Expenditures and Transfers Fund Balance, December 31, 2004 ~ CAPITAL PROJECT FUNDS Public Impmysoc;pt Pypd Fund Balance, January I, 2004 Revcnuea Expenditures and Transfers Fund Balance, December 31, 2004 Capital Projccg Fund Fund Balance, January I, 2004 Revenues and Transfers In Expenditures Fund Balance, December 31, 2004 ~ INTERNAL SERVICE FUNDS Sgyjg;pJC[ Fund Fund Balance, January I, 2004 4 f• s 208,417 s 3,000 s 200,000 s 11,417 t s 174,771 s 14,000 .. s 10,360 s 178,411 s 89,113 s 200 s '8,900 s 38,413 s '83,()42 s 2,II02.0l9 $ 2,432,600 s 872,531 s 351,590 • s 692,500 s 911,980 s 132,110 • • s 942,012 Revenues s 1,424,193 Expenditurea s 1,455,262 Fund Balance, Decem-31, 2004 s 910,943 C.illl lkBlil>ms)& BGJacemt:.al fllDd Fund Balance, January I, 2004 s 536,570 Revenues s Expendi1urea 645,352 . s 685,783 Fund Balance, Decem-31, 2004 s 496,139 Bia MiaHQJlffll flllld Fund Balance, January I, 2004 s 356,650 Revenuea s 1,114,()09 Expenditurea s 1,111,595 Fund Balance, December 31, 2004 s 359,()64 f.mlll11m llcnc611 Elllld Fund Balance, January I, 2004 s <34,()(i)> Revenues s 4,764,486 Expendi1urea . s 4,524,636 Fund Balance, December 31, 2004 s 205,789 Ccalrll Ss;ryjcq fllad Fund Balance, January I, 2004 s 203,408 Revenuea s 350,000 Expenditures s 330,490 Fund Balance , Decem-31 , 2004 s 222,918 ~ EN'IERPRISB FUNDS Watr.r Elilld Fund Balance, January I, 2004 s 2.515,992 Revenues • • s 6,431,493 Expenditure, s 7,396,254 Fund Balance, Decem-31 , 2004 s 1,558,231 s . Sew fund Fund Balance, January 1, 2004 RcvenUCI Expendi!IRI fund Balance, Dec:cmbcr 31, 2004 SJmm Qpjnyc Fund Fund Balance. January 1, 2004 Fund Balance, Dec:cmber 31, 2004 Golf Coone Fund Fund Balance. January l, 2004 Revenues ExpendillRI fund Balance, Dec:cmbcr 31, 2004 Cmm!C VtiJjty fJPMI Fund Balance. J1111uary l, 2004 Rcvcnue1 Expenditures Fund Balance, December 31, 2004 Hpy•io& Bcb@hilillliPP Fund Fund Balance, January l, 2004 Revenue s Expenditures Fund Balance, December 31, 2004 s 14,387,275 $ SS,()48,300 $ 23,264,573 $ 46,171,()02 s 802,477 s 349,988 s 398,991 s 753,467 s 533,308 $ 2,181,199 $2,039,912 $ 674,S9S s 420,1)44 s S49,87S s 713,324 s 256,595 S 1,298,400 $1,062,000 $1,062,000 $1,298,400 Section 10. That the said budact shall be a public record in lbc office oflbc City Ciak and shall be open to public inspection. Sutftcicnt copica lbcreof lball be made available for lbc me of lbc City Council and the public, the number of copica 11D be ddamined by lbc City Manapr. Introduced, read in full, and puled on lint readiDa on lbc 6ch day of Oc:lobcr, 2004. 6 ~ • • Publilhed u a Bill for ui Ordinance on lhc IOlb day of October, 2004. Beverly J. Bndlbaw, Mayor ATI'EST: Loucrilbia A. EUia, City Clcdt I, Loucrishia A. EUia, City Clcdt of lhc City of EnaJewood, Colondo, berdJy certify that lhc above 111d forqoiDa ii a tnae copy of a Bill for an Onlinaace, inlloduc:ed, read ID full, 111d puaed on fint rcadiDa on lhc 6" day of October, 2003. Louc:riabia A. El1la 7 COUNCIL COMMUNICATION Date Agenda Item Subject October 6, 2003 11 a ii Bill For An Ordinance Appropriating Funds For Fiscal Year 2004 Initiated By I Staff Source Department of Finance and Administrative Services Frank GMdewlcz Director COUNCIL GOAL AND PRMOUS COUNCL ACTION City Council and staff held a 2003 Goals/2004 Budget discussion on April 28, 2003. A preliminary budget summary and update was done on August 11, 2003. A public hearing regarding the proposed 2004 Budget was held on September 15, 2003. The operating budgets and Multiple Year Capital Plan for all City departments and funds was reviewed at a budget retreat held on September 27, 2003. RECOMMENDED ACTION Staff recommends Council approve the proposed bill for an ordinance appropriating funds for fiscal year 2004. BACKGROUND, ANALYSIS, AND ALHRNATIVES IDENTIRED The Charter of the City of Englewood requires the City Council to adopt the next year's Budget and Appropriation Ordinances no later than thirty days prior to the first day of the next fiscal year. FINANCIAL IMPACT The General Fund is budgeting total sources of funds of $34,205,148 and total uses of funds of $34,680,127 leaving an unreserved/undeslgnated fund balance of $3,562,866 or 10.4 percent of total revenues. The total appropriation the General Fund is $34,680,127 for 2004. LIST OF ATTACHMENTS Proposed bill for ordinance ORDINANCE NO. SERIES OF 2003 BY AUTHORITY A IIILL l'Olt 8HLNO. 71 INTRODUCED BY COUNCIL MEMBER~~~~~- r AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN 11IE CITY Of ENGLEWOOD, COLOJWX>, IN 1BB 1IICAL YIWl EGINNING JANUARY 1, 2004, AND ENDING DECEMBER 31, 2004, / OONSTl1VI'ING WHAT IS T1DlMBD 111B ANNUAL Al'ftOPIJA'l10N BILL FOil 1llE FISCAL YEAR 2004. WHEREFORE, City Council and staff held a 2004 budget and goal setting meeting; and WHEREFORE, a public hearing on the Proposed 2004 Budget was held September IS, 2003; and WHEREAS, the operating budp and Multiple Year Capital Plan for all City departments and funds were reviewed at a budget retreat held on September 27, 2003; and WHEREAS, the Charter of the City of Englewood requires the City Council to adopt bills for ordinances adopting the Budget and Appropriation Ordinance no later than thirty days prior to the tint day of the next fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That there be and there hereby ii appropriated from the revenue derived from taxation in the City of Englewood, Colorado, from collection of license fcca and from all other sources of revenue including available fund balance durina the year beginning January 1, 2004, and coding December 31, 2004, the amounts hereinafter set forth for the object and purpose specified and set opposite thereto, specifically as follows ~ GENERAL FUND Legislation City Attorney's Office Municipal Court City Manager's Office Human Resources Finance and Administrative Services Information Technology Public Works Safety Services Community Development. Library Services Parks and Recreation Services Contingencies -1- S 344,543 677,633 829,997 588,561 525,113 1,438,639 1,228,676 4,639,537 14,lll,325 1,649,667 1,157,822 5,025,400 202,000 1• t . .... • • Debt Service -Civic Center Debt Service -Other Total General Fund GENERAL OBLIGATION BOND FUND Total General Obligation Bond Fund PAVING msTRICT #37 DEBT SERVICE FUND Total Paving District #37 Debt Service Fund CONCRETE REPLACEMENT DISTRICT 1995 Total Concrete Replacement District 199S PAVING DISTRICT #35 DEBT SERVICE FUND Total Paving District #JS Debt Service Fund PAVING DISTRICT #38 DEBT SERVICE FUND Total Paving District #38 Debt Service Fund CONSERVATION TRUST FUND Total Conservation Trust Fund COMMERCIAL REVOLVING LOAN FUND Total Commercial Revolving Loan Fund COMMUNITY DEVELOPMENT FUND Total Commun ity Development Fund DONORSFUND Total Donors Fund MALLEY CENTER TRUST FUND Malli:y Center Trust Fund -2- 1,S19,S98 681,616 S 34,680,127 S 969,620 s 3,321 s 4,348 S 7,779 S 71,039 $ S2S,000 S 30,000 SIS0,000 $149,ISO $200,000 • .. • • PARKS AND RECREATION TRUST FUND Parks and Recreation Trust Fund $ 10,360 SPECIAL ASSESSMENT SURPWS & DEFICIENCY FUND Special Assessment Surplus & Deficiency Fund PUBLIC IMPROVEMENT FUND Total Public Improvement Fund CAPITAL PROJECTS FUND Total Capital Projects Fund SERVICENTER FUND Total ServiCenter Fund CAPITAL EQUIPMENT REPLACEMENT FUND Total Capital Equipment Replacement Fund CENTRAL SERVICES FUND Total Central Services Fund RISK MANAGEMENT FUND Total Risk Management Fund EMPLOYEE BENEFITS FUND Total Employee Benefits Fund WATER FUND Total Water Fund SEWER FUND Total Sewer Fund -3- $ 50,900 $2,432,600 $ 911,980 $ 1,455,262 $ 685,783 $ 330,490 $ 1,111,595 $4,524,636 $7,396,254 $23,264,573 . ._ ·" . ' • t • -.., STORM DRAINAGE flJND Total Storm Drainage Fund GOLF COURSE flJND Total Golf Course Fund CONCRETE UTll.,ITY flJND Total Concrete Utility Fund HOUSING REHABILITATION flJND Total Housing Rehabilitation Fund $398,998 $2,039,912 $ 713,324 $1,062,000 Scctjop 2. The foregoing appropriations shall be considered to be appropriations to groups within a program or department within the fund indicated but shall not be construed to be appropriated to line itema within any groups, even though such line items may be set forth u the adopted budget for the fiscal year 2004. Section 3. All monies in the handa of the Director of Finance and Administrative Services, or to come into the Director's hands for the fiscal year 2004, may be applied on the outstanding claims now due or to become due in the aaid fiscal year of 2004. Scctjon 4. All unappropriated monies that may come into the hands of the Director of Finance and Administrative Services during the year 2004, may be so distributed among the respective funds herein u the City Council may deem best under such control as is provided by law . Scctjon S. During or at the close of the fiscal year of 2003, any llll'J)lus money in any of the respective funds , after all claims for 2003 against the same have been paid, may be distributed to any other fund or funds at the discretion of the City Council. 2003 . Introduced, read in full, and passed on first reading on the 6th day of October, -4- ' .. .. • • Published as a Bill for an Ordinance on the 10th day of October, 2003. Attest: Beverly J. Bradshaw, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 6th day of October, 2003. Loucrisbia A. Ellis -5- • • COUNCI OMMUNICATION Date Agenda Item Subject October 6, 2003 11 a iii Bill for an Ordinance establishing the 2003 Mill Levy Collected in 2004 Initiated By I Staff Source Department Of Finance and Administrative Services Frank Grv1dewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council and staff held a 2003 Goals/2004 Budget discussion on April 28, 2003 . A p r eliminary budget summary and update was done on August 11, 2003 . A public hearing regarding the proposed 2004 Budget was held on September 15, 2003. The operating budgets and Multiple Year Capital Plan for all City departments and funds was reviewed at a budget retreat held on September 27, 2003 . RECOMMENDED ACTION Staff recommends Council approve this bill for an ordinance establishing the 2003 mill levy to be collected in 2004. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Th e City of Englewood assesses property tax for the general operations of the government and for the Community Center Debt Service Fund . TABOR restricts the City from raising the mill levy without a vote of the citizens . This year's General Fund mill levy is unchanged from 2002 (5.880 mills). The 2003 levy is c ertified to Arapahoe County by December 15, 2003 for collection in 2004. FINANCIAL IMPACT Based on the assessed valuation for the City of Englewood as certified by the Arapahoe County Assessor, the net assessed value of all properties in Englewood for 2003 is $418,913,060 compared to $418,168,382 for 2002. The 2003 mill for General Fund operations is 5.880 mills and 2.430 mills for the Community Center D ebt Service Fund . The total mill levy is 8.310 for 2003 collected in 2004. The total amount budgeted for the G eneral Fund is $2,425,000 (net of uncollectibles, abatements, etc.). The amount budgeted for the General Obliga tion Bonds Debt Service Fund is $1,000,000 (net of uncollectibles, abatements, etc.). A homeown er w ith a $200,000 dollar home in Englewood would pay the following to the City of Englewood: Market Va lu e $200,000 Assessment Ratio 9.15% Assessed Val ue S 18,300 General Operations M ill Levy 5 .880 Taxes Paid for General Fund Operations $107.60 Marke t Value Assessmen t Rati o Assessed Val ue Community Cen ter Bo nd Fund Mill Levy Taxes Paid For General Obliption Bonds Total Taxes Paid To City Of Englewood LIST OF ATTACHMENTS Proposed bill for an ordinance $200 ,000 9.15% $18,300 2.430 $44.47 $152.07 t • • ORDINANCE NO. SERIES OF 2003 BY AUTHORITY A BILLfOlt. ~ IIIU. NO. 71 . botJCED BY iUNCIL J.t. MEMBER /AJ '°"f /' J,w AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF 1111! ASS1!SSBI> V AWA'ffON OF ALL TAXABLE PllOl'DTY WITHIN THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, it is the duty of the City Council of the City of Englewood, Colorado, under the Englewood Home Rule Charter and Colorado Revised Statutes, to make the annual levy for City purposes; and WHEREAS, the City Council bas duly considered the estimated valuation of all the taxable property within the City and the needs of the City and of each of said levies and bas determined that the levies 81 hereinafter set forth, are proper and wise; and WHEREAS, the following levies are permitted under Article X, Section 20 of the Colorado Constitution without a vote by the citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That there be and hereby is levied for the year of 2003, due and payable 81 required by statute in the year 2004, a tax of S.880 mills oa die dollar for tbe General Fund of the City of Englewood, Colorado, and 2.430 mills oa the dollar for the General Obliption Bond Debt Service Fund of the City of Englewood, Colorado. That the levy bereinabove set forth shall be levied upon each dollar of the usessed valuation of all taxable property within the corporate limits of the City of Enalewood, Colorado, and the said levy shall be certified by law. Introduced, read ~ full, and passed on first readin1 on the 6th day of October, 2003 . Published 81 a Bill for an Ordinance on the IO'~ day of October, 2003 . Beverly J. Bradshaw, Mayor ATTEST : Loucrishia A. Ellis, City Clerk -1- • t .. • • I, Loucrishia A. Ellis, City Clerk of tbe City of Eqlewood. Colorado, hereby certify that tbe above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed OD first reading on the 6th day of October, 2003 . Loucrishia A . Ellis -2- COUNCIL COMMUNICATION Date Agenda Item Subject October 6, 2003 11 a iv Bill for an Ordinance adopting the 2004 Budget For Littleton/Englewood Wastewater Treatment Plant Initiated By Staff Source Department Of Finance and Administrative Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council and staff held a 2003 Goals/2004 Budget discussion on April 28, 2003. A preliminary budget summary and update was done on August 11, 2003 . A public hearing regarding the proposed 2004 Budget was held on September 15, 2003. The operating budgets and Multiple Year Capital Plan for all City departments and funds was reviewed at a budget retreat held on September 27, 2003. RECOMMENDED ACTION Staff recommends Council approve the proposed bill for an ordinance adopting the 2004 budget for the Littleton/Englewood Wastewater Treatment Plant BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City Council of the City of Englewood acts as administering authority for the Littleton/Englewood Wastewater Treatment Plant. A part of the duties include adopting bills for ordinances for the 2004 Budget and Appropriation Ordinance no later than thirty days prior to the first day of the next fiscal year. FINANCIAL IMPACT The Littleton/Englewood Wastewater Treatment Plant General Fund is budgeting a beginning funds available balance of $115,674, total sources of funds of $36,806,602 and total uses of funds at $36,806,602 leaving the ending funds available balance at $115,674. TI,e total appropriation (use of funds) for 2004 is $36,806,602 . LIST OF ATTACHMENTS Proposed bill for ordinance • t • • -- BY AUTHORITY ORDINANCE NO. SERIES OF 2003 CMNCll. B1LL NO 74 ~~~~C~ED BY COUNCIL AN.I.FOR AN ORDINANCE ADOPTING THE BUDGET FOR THE LlTTLETO '/ ~GLEWOOD WASTEWATER TREATMENT PLANT FOil 'ffl! JIISCAL YEAR2004. WHEREAS, punuant to the provisions of an agreement between the City of Littleton, Colorado, and the City of Englewood, Colorado, a budget for the fiscal year 2004 was duly approved by the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee on August 29, 2003 and submitted to the City Council; and WHEREAS, a public bearing on said budget was held by the City Council within three weeks after its submission at the meeting of City Council on September IS, 2003, regular notice of the time and place of said bearing having been published within seven days after the submission of the budget in the manner provided in the Charter for the publication of an ordinance; and WHEREAS, the City Council of the City of Englewood, as the administering authority for the Littleton/Englewood Wastewater Treatment Plant, bas studied the budget on numerous occasions; and WHEREAS, it is the intent of the City Council to adopt the 2004 budget for the Littleton/Englewood Wastewater Treatment Plant as now submitted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: ~-That the budget of the Littleton/Englewood WISleWalcr Trannent Plant for the fiscal year 2004, as submitted by the LittletonfEnalcwood Wutewater Trealmcnt Plant Supervisory Committee and duly considered by the City Council after public bearing, is hereby adopted as the budget for the Littleton/Englewood Wastewater Trealmcnt Plant for the fiscal year 2004 , as follows : Littleton/Englewood Wastewater Treatment Plant Fund Balance -January I, 2004 Revenues Expenditures Fund BAiance -December 31, 2004 S t 15,674 36,806,602 36,806,602 t 15,674 ~-That the said budget as accepted shall be a public record in the Office of the City Clerk and shall be open to public insvection-Suffic:iall copies thereof sball be made available for the use of the City Council and the public, the number of copies ID be determined by the City Manager . ' .· .. .. .. .. •' • • Introduced, read in full, and passed on first readina oa the 6th day of October 2003. Published as a Bill for an Ordinance oo the 10th day of October 2003. ATIEST: Beverly J. Bradshaw, Mayor Loucrisbia A. Ellis, City Clerk I, Loucrisbia A. Ellia, City Clerk of tbe City of £n&lewood, Colondo, hereby certify that the above and foregoing is a true ~ of a Bill for an Ordiuncc, iDIIOducod, read in full , and passed on first reading on the 6 day of October, 2003 .. Loucrisbia A. Ellis 2 • • COUNCIL COMMUNICATION Date Agenda Item Subject October 6, 2003 11 a V Bill for an Ordinance Adopting the 2004 Appropriations for the Littleton/Englewood Wastewater Treabnent Plant Initiated By I Staff Source Department Of Finance and Administrative Services Frank Grvldewicz Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council and staff held a 2003 Goals/2004 Budget discussion on April 28, 2003. A preliminary budget summary and update was done on August 11, 2003. A public hearing regarding the proposed 2004 Budget was held on September 15, 2003. The operating budgets and Multiple Year Capital Plan for all City departments and funds was reviewed at a budget retreat held on September 27, 2003. RECOMMENDED ACTION Staff recommends Council approve the proposed bill for ordinance appropriating funds for fiscal year 2004. BACKGROUND, ANALYSIS, AND ALTEIJNATIVES IDENTIFIED The City Council of the City of Englewood acts as administering authority for the Littleton/Englewood Wastewater Treatment Plant A part of the duties include adopting biUs for ordinances for the 2004 Budget an d Appropriation Ordinance no later than thirty days prior to the first day of the next fiscal year. FINANCIAL IMPACT The Littleton/Englewood Wastewater Treatment Plant General Fund is budgeting a beginning funds available balance of $115,674, total sources of funds of $36,806,602 and total uses of funds at $36,806,602 leaving the ending funds available balance at $115,674. The total appropriation (use of funds) for 2004 is $36,806,602 . LIST OF ATTACHMENTS Proposed bill for ordinance t ... .. • • --- ORDINANCE NO. SERIES OF 200 BY AUTiiORITY (J · COUNCIL 9ILL NO 75 INTRODUCED BY COUNCIL MEMBER~~~~~ f AN OIU>INANCB APPllOPIUATINO MONIES FOR 111B Lrl'TLBTON/ ENGLEWOOD WASTEWATER. TREATMENT PLANT PURPOSES IN 111B FISCAL YEAR. BEOINNINO JANUAI.Y I, 2004, AND BNDINO D8CIMBD 31, 2004. CONSTITIJTING WHAT IS TERMED 111B ANNUAL APPROPRIATION BILL FOR 1111! PISCAL YEAR 2004. WHEREAS, the Cities of Englewood and Littleton entered into a contract to build, maintain, and operate a joint Waste Water Treatment Plant facility; and WHEREAS, the operations, including budget matters, of this joint facility are overseen by the Supervisory Committee; and WHEREAS, the City of Englewood operates the Littleton/Englewood Waste Water Treatment Plant under the control of the Supervisory Committee; and WHEREAS, the Littleton/Englewood Waste Water Treatment Plant has its own fund for operations and maintenance; and WHEREAS, the Supervisory Committee approved the foUowing u the 2004 budget at the August 29, 2003 meeting. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ' ENGLEWOOD, COLORADO, AS FOLLOWS: ~. That pursuant to the Littleton/Englewood Waste Water Treatment Plant agreement, there be and hereby is appropriated from the revenue derived fiom operation of the Littleton/Englewood Wastewater Treatment in the City of Englewood, Colorado, and from aU other sources of revenue in the Littleton/Englewood Wastewater Treatment Plant fund including available fund balance during the year beginning January 1, 2004, and ending December 31, 2004, the amounts hereinafter set forth for the object and purpose , specified as follows : Total Littleton/Englewood Wastewater Treatment Plant Fund S 36,806,602 Introduced, read in full , and passed on first reading on the 6th day of October 2003 . t , ..• • • Published u a Bill for an Ordinance OD the 10th day of October 2003. ATIEST: Beverly J. Bradshaw, Mayor Loucrisb.ia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Enalewood, Colorado, hereby certify that the above and foreaoina is a 1n1e ~ of a Bill for an Ordinance, introduced, raid in full , and passed OD first raiding Oil the 6 day of October, 2003 . Loucrilbia A. Ellia I NO. SERIES OF 2003 A ll8IOtQ1'ION !STABL~ S'AUltYPOll 11B!atf--...V. WHEREAS, the City Council, by Section 64 of the P.nglewood Home Rule Charter, bas the responsibility of appointing and establishing compemation of the City Attorney; and WHEREAS, after discussion and apeement with the City Attorney, the City Council bas determined to increase the salary of the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The annual base pay for the City Attorney shall remain $120,514 commencing November 1, 2003. ADOPTED AND APPROVED this 20th day of October, 2003 . ATTEST: Loucrisbia A. Ellis, City Clerk . ·,: '.· .. ,I~ .:, ; • t •. • • I"\: ••. I'. 'I ! : I I \ ·1 :• Beverly J. Bndlhaw, Mayor I, Loucrisbia A. Ellis, City Clerk for the City of -F..qlewood, Colondo, hereby certify tbe above is a true copy of ResolutiOII No.__. Seriea of 2003 . \, I Loucrilbia A. Ellia IBIOW'Mllia SERIES OF 2003 - A IDOUmON BST OF THE CITY OF ENGL WHEREAS, the City Council for the City of Englewood, by Section 49 of the Englewood Home Rule Charter, has the responaibility of establishing Che salary for the City Manager; and WHEREAS, after diacussion and agreement with the City Manager, the City Council bas determined to increase the salary of the City Manager NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, °THAT : Section I. The annual bue pay for the City Manager shall remain $125,000 commencing November 1, 2003. Section 2. The City Manager is eliaible for a retention bonus ofSI0,000 to be paid November l, 2004, if be is still employed with the ·city of Englewood on dial date. ... . ADOPTED AND APPRO~ this 6th •Y of October, 2003. ATTEST: Beverly J. Bndabaw, Mayor Loucrisbia A . Ellis, C ity Clerk I, Loucrisbia A . Ellis, City Clerk for the City of EnJlewood, Colondo, hereby certify the above is a true copy of Resolution No. --J Series of 2003. • I Louc:riabia A. Ellil .. • • ~·-SERIESOF 2003 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR 1llE MUNICIPAL COURT JUDGE. WHEREAS, the City Council, by Section 68 of the Englewood Home Rule Charter, has the responsibility of establishing the salary for the Municipal Court Judge; and WHEREAS, after discussion and agreement with the Municipal Court Judge, the City Council baa determined that, due to budget constraints, the salary of the Municipal Court Judge shall be maintained at its current level NOW, THEREFORE, BB IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1, The annual salary for the Municipal Court Judge shall remain $101,SOO commencing November 1, 2003. ADOPTED AND APPROVED this 6th day of October, 2003. Beverly J. Bndlbaw, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __, Scrica of 2003. Loucriahia A. E1lil, City Clerk •• • • r"'-1 T \ ~J i;fJ}il 1 ~ ,-Ulf#Ku.JJJ/{~? 1 ·~ u v~GENDAFORTHE ~ .; . / EGULAR MEETING OF ~ 1. Call 3 . a . 4. RollC I. 5. Minut . LEWOOD CITY COUNCIL A Y, OCTOBER 6, 2003 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 (' nn-i d a Mi utes from the Regular City Co ~ ~ M; ,tesofthe Sp&;,1 City Co cil m~dng of Septembe, 27, 2003. 6. Sch e d led Visitors . (Please limi our presentation to ten minutes.) a . ' • • 0 CJ . Englewood City Council Agenda October 6, 2003 Page 2 8. Communications, Proclamations, and Appointments A proclamation declaring October as Crime Prevention Month. A proclamation declaring October 9, 2003 as Lights on After School Day. A proclamation declaring October 23 through 31, 2003 as Red Ribbon Week. • 9 . Public ~· (None Scheduled) , • , • ~l ,~ Ii ~/--iv //Jlr1·-1111-1oe1 Approval of Or7r4n~;s ~n First Reading. ) i. Council Bill No. 67 -Recommendation from the Utilities Department to adopt a bill for an ordinance terminating the Radio Tower Property Lease with ABC, Inc. and Radio Property Ventures. STAFF SOURCE: Stewart Fonda, Director of Utilities. ii. Council Bill No. 68 -Recommendation from the Department of Public Works to adopt a -blll ftir an ordinance approving an Encroachment Agreement at 2931 South Washington StreeL STAFF SOURCE: Ken Rou, Director of Publk Worb. tftW: Bill No. 69 • RemnJlllendation from the Department of Public Works to adopt a r an ordinance amending the Englewood Municipal Code to give staff more flexibility in granting encroachments into the public right-of.way. STAFF SOURCE: Ken Ross, Director of Public Worb. Council Bill No. 70 -Recommendation from the Utilities Department to adopt a bill for an ordinance aUffiorizing a License Agreement and Construction Easement for City Ditch at 3701 S. Logan Street STAFF SOURCE: Stewart Fonda. Director of Utilities. b . Approval of Ordinances on Second Reading. Council Bill No. 44, regarding management and regulation of newspaper corrals within the public rights-of-way. Council Bill No. 51, amending the Englewood Municipal Code to ~ the time limits for Abatement of Nuisances. Jr, 1 L / /i'y Counc~ Bill No. 65, amending the En~ewood Municipal Code pertaining lo Purchases Q ~without Bids to reflect voter-approved changes to the Oty Charter. Please note: If you ~ e a disability and need awclliary aids or semces, pleue notify lhe Cky ol &!p'WOC)CI (303-762-2405 at least 48 hou r, in advance of when S4!fVices are needed. Thank ' • • 0 - - ~~l u. Englewood City Council Agenda October 6, 2003 Page 3 "" • II I d;v . Council Bill No. 66, approving an Intergovernmental Agreement with the City of Cherry /I 2J;/Rlf). · Hills Village approving joint funding for the U .S. 285 sidewalk enhancement project c. Resolutions and Motions. i. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by motion'"' Professional Services Contract with C- West Code Consultants for plan review-"iervices for the Phase 2 Plant Expansion Project STAFF SOURCE: Stewart H. Fonda, Utilities Director. 11 . Regular Agenda. " . ---rr.:;-J t?;;oval of Ordinances on First Reading. ~· . i. ,Council Bill No 72 · Recommendation from the Department of Finance and .x:aministrative Services to adop& a bill for an ordinance approving the 2004 Budget for the City of Englewood. STAFF SOURCE: frank Gryglewicz, Director of Finance and -,:,ministrative Services. ~ f-J-(J.. Council Bill No. 73 · Recommendation from the Department of Finance and Y}'11t · Xilm1mstrattve Services to adopt a bill for an ordinance appropriating the City of Englewood's 2004 Budget. STAFF SOURCE: Frank Gryglewlc:z, Director of Finance and Administrative Services. iii. Council 881 No. 71 -tecommendation from the Department of Finance and 'J--O 'iC;dm1mstrative SeivR:es to adopt a bill for an ordinance approving the 2003 Mill Levy for collection in 2004. STAFF s9JJ.,!!~-~~nk Gryglewicz, Director of Finance and Administrative Services. VV ~ iv. Council Bill No. 74 · Recommendation from the Department of Finance and }l.dmimstrative Servid\s to adopt a bill for an ordinance approving the 2004 Budget for '7-0 the Littleton/Englewood Wastewater Treatment Plant STAFF SOjqtf!=. ~~}~ Gryglewicz, Director of Finance and Administrative Services. /w" ~ v. Council Bill No. 75 -Recommendation from the Department of Finance and -,.;dmm1strative Services to adopt a bill for an ordinance appropriating the 2004 Budget f7 "fl for the Littleton/Englewood Wastewater Treatment Plant. STAFF~!~~: J~ank . /-V Gryglewicz, Director of Finance and Administrative Services. ~ ~ b . Approval of Ordinances on Second Reading. p- c . Resolutions and Motions. r Please note : If you have a diQbilily and need auxilwy aids Of services, please notify the Oty of Englewood (3 03-7 62-2405) at least 43 hours In advance of when services are needed. Thank . .. .. • t • Englewood City Council Agenda October 6, 2003 Page4 12 . General Discussion . " ~ ~ a. Mayor'sChoice. AA A~~)./ {)~ 11 b . Council Members' Choice. f /1)11' ~ r r·- ~ 12.....i. A resolution establishing the annual salary for the City Attorney. ~~ -~/ ii . A.resolution establishing the annual salary for the City Manager. ~.t-Ji2:"· A 1"°" o,tablishi,g d,e ~,u,J "'"Y lo, d,e Muok~,I J,d 130fy~ • ~ \~-ey·--~ '$ ~~~ Adjo,mmeoq·4Jr nflli~ The following minutes were transmitted to City Council between September 12 and October 2, 2~00: , • J • Alliance for Commerce in Englewood meetings of June 5, July 10, and August 14, 2003 V" • Englewood Parade Committee meeting of June 11 and July 9, 2003 .k,, • Englewood Housing Authority meeting of August 6, 2003 VJ • Englewood Publlc Library Board meeting of August 12, 2003 ~· .• ~ • Englewood Board of Adjustment and Appeals meeting of August 13, 2003 ,)IP"" • Englewood Parks and Recreation Commission meellng of August 14, 2003 • Englewood Transportation Advisory Committee meeting of August 14, 2003 rf ~ . 1 ~ En Commission meeting of September 3, 2003 ~ Please no . 'QI,! have a disability and need auxiliary aids or services, pluse notify the Oty of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. Thank • • ·• • • 0 t ----l ·:i~ ' 3. Pledge of Allegiance ___ _ 4. Roll call Members: Yun:hlck _____ absent 5 . ~4'3 minutes •· • ·• • • • {--~ -l !. __ _) I ' . " ,• . -'. #2£, • • • ·• • • . .............__ .. ...:...-.-_.,.... ..... --- .. ------ -i I --I •· • ·• . • • • -:~.:.';::;o:;;;-;,.;.;:;--..;:s:~-~~-------· ·1 .. . . . ' , , , ; ' ' I •• • • • I t •• • • -·--_...... ___ .....__ ---·--- ;g';;l/~ ~-· ~~-~=---~..........---=--~d ·--.-...,,.,,.--.. -~ ---~--+-- ---~~--~ ........ or---'---·......_ __ --....... - ------- ' •· • ·• • - , ' . ' •· • ·• • • • f'"', ( \ \ , :.:;....-' ·• • • r-'~ \J CJ ,. . . 1 -11 ~/~ ~ 1,1 {D ~~ .'( @{)f ·---.. ·' 1! - h . -&JJ---n~~ - • • • ·• - • • r ... 1 I \ t~ f-=_] al._ ---- ' •· ,, • ·• • • --..__ _____ -~ ... ' '• ,, ' ' I . ' l • •· • ·• . - • r-"1 I I I , l~ • ff; -----~ -------. ~ -------------------~ ------- I 1rir/ d) ~Ab~ ---~-: · .. · . · 1'tJero -, ~ ---- ---, M IA!Ltd----tr k -JV/ ~ ---------.... . . . • • • ·• • • • •• . . ·11 --- ---111 ---~ -,_. ----. - l -~ ~ - -- • . . . . . . . .. . . ' i, • • •