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HomeMy WebLinkAbout2003-10-20 (Regular) Meeting Agenda Packet.. . ; ' • , .... ' ~ :· . •. •• ... '. . , .. ·• • • • ..... •' . . ... ·,. t , . . ., .. •. I .,. ·• . ;_ . ~ ... , .. ~ . .. • . Regular City Council Meeting October 20, 2003 Ordinance/110 /.TN-~ 76, 77, 78, 79 •••• ,., ••• ~,. 85, 86, 87, 88, 89, 90, 91, 92, 93 .. ... 0 • ' J . · . \, • . . " .. _ . . .. '\ . . ..... •• • . .. ·"· .. ... ' •· • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Seaion October 20, 2003 I. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Bradshaw at 7:33 p.m. 2. Invocation The invocation was given by Council Member Nabholz. 3. Pledae or Allegiance The Pledge of Allegiance was led by Mayor Bradshaw. 4 . RoUCaU Present: Absent : A quorum was present. Also present: 5. Minutes Council Members Nabholz, Moore , Grazulis, Garren, Wolosyn, Bradshaw Council Member Yurchick City Manager Sears City Attorney Brotzman Assistant City Manager Flaherty City Clerk Ellis Director Gryglewicz, Finance and Administrative Services Director Olson, Safety Services (a) COUNCIL MEMBER NABHOLZ MOVm, AND IT WAS SECONDm, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF OCTOBER 6, 2003. Mayor Bradshaw asked if there were any corTCCtions or additions . There were none . Vote results: Ayes : Nays : Absent : Moti on carried. 6 . Scheduled Vlslton Council Members Nabholz, Moore , Garren, Wolosyn, Grazulis. Bradshaw None Council Member Yurchick (a) Mary Bassett . 3026 South Sherman Street. said the reason I am here is IO repracnc and to talk about the Baces Logan dog park . And , specifically, wbac went on two weeks a,o. reprdina the remo va l of chc off-leash privileges. Basically . bcca111e I have been to several of thcM Council moecinp where both sides have presented their i ues. I felt I was seelna a lot of the 11111e people . What I didn 't see .. • t • • ~-..• 0 Englewood City Council October 20, 2003 Page2 happening, was a lot of constructi vc dialog. What I was seeing was a lot of people stating their case and then sining down, but there was no constructive dialog going on. This got me to thinking that, perhaps, what went on two weeks ago, was a reflection of a small group of people rather than a whole group of people, especially the community. I can speak only for myself in that I felt that the park was a wonderful benefit to the community. and allowed me to meet a lot of my neighbors. I felt that when it was off-leash , I got a chance to meet and communicate a lot of what was going on in the neighborhood with my community. I became a little more reflective and you will have to bear with me. My background is teaching and business, so you arc going to see som:: business things and some teaching things. I just got through going to a meeting where people were reflective and I got to thinking, maybe ii was time to get reflective of the decision that was made and to look al the core issues of what really was going on. And, also get a chance to talk to people in the neighborhood about their thoughts and feelings ... to talk to those who aren't represented in these Council meetings. So, there arc many things I did. First, and foremost, I got a chance to sit and talk with some of my neighbors regarding this issue and the decision . The things that we came up with, are that there arc many solutions that could have been in place, to talk about Bates Logan off-leash . In particular, what were the causes of the decision to remove the off-leash privileges, because this is a park that has been off-leash for several years. In talking to my neighbors, what I came away with, is that it had gotten too crowded. Not only had gotten too crowded, it had gotten too crowded at a certain time of the day, especially when children were present. Many of my neighbors came back to me and talked to me regarding this, and said that their biggest concern at the time, was making sure there was a time for off-leash, that there was a time for them to utilize the park, but also that there was a time that the park would be spent for other things as well, that the park would be better utilized . I got to talking and conversing with them, and I really got some feedback on some of the concerns they were having as well as my own ... espccially in the last two weeks. I just wanted to share some of these concerns. The biggest concern is that the park is now empty. Where the park had, at one point, been full and there had been a lot of people utilizing the park, now there arc very few people who utilize the park and for the most part they use it in the afternoon or the evenings. This park is, for the most part, empty. Something that I felt was a misuse of a community investment. This is the business side of me coming out. Essentially saying, that here is something we arc investing our time, our money and our Englewood Parks and Recreation people to keep this place beautiful, and yet, it was remaining empty since this off-leash issue was talked about and the park became on-leash. The other concern that was voiced to me, was that there were many solutions to solving a particular issue, in this case, that the park was over utilized at a certain time of the day and that these issues weren't discussed . Rather, it was just a quick on-or-off switch type issue, that there JNasn't an actual sit-down and let's discuss the issues in a constructive manner, from both sides. I felt that there needed to be a time where both sides could quietly present their arguments and discuss it rather than coming up, giving just one point of view and then sitting down . So, these were some of the concerns that were coming up. And again, what was the problem? We were seeing that the biggest problem was that there were certain times of the day where the park was extensively used, and almost to an extreme. For instance, there were times, and I will have to admit, that there were more dogs there than the park could probab ly ho ld . I asked my neighbors , and I actually polled a lot of my neighbors in the neighborhood, and I asked so me other people as well to do the same thing. We all got together at my house 10 talk. We wanted to poll the neighborhood to sec what their feelings were towards the park and any solutions that would come to mind . I have these petitions , she said . We actually had a chance to talk to over 84 people in and around the park . Out of those , we had 77 who wanted some son of off-leash area in their community. Keep in mind that I kept it , usually, within about three blocks of the park. We really didn 't go much further than that, though a couple people slipped their names in that were a little further off, but we allowed them 10 voice their opinion, because we felt that it was important. The main consensus was, that yes, they wanted some sort of off-leash area at Bates Logan. Fencing was discussed and licensing was another issue that someone was discussing. We also considered looking at how that park was utilized and at what time. Obviously. it looked like in the afternoon and evening was the time that the soccer people were coming and thi s was the time that the children were coming from After School to use the park. Maybe that would be the time set aside for on-leash and, in the morning. say from about 6 :00 to 9 :00, that would be an off-leash time . It would be a good time to build the community through the dog people in the community who wa nted some off-leash time for their dog and some socialization. Also, that would be the time , that those ' • • -- 0 Englewood City Council October 20, 2003 Page3 people who were more concerned about th~ dogs being off-leash, could set aside and not go to the park. I did some quick numbers ... again this is my business side ... and if Bates Logan was an off-leash park, say from 6:00 to 9:00, that would be a total of 21 hours in an entire week. If you figure the park is open 16 hours a day, that is only 18 per cent of the entire park usage. So it really isn't that much they arc asking for, yet you have to look at the community investment that you arc making. By having a time for these people to meet, to greet and to have their dogs socialize and for them to socialize, you arc actually making that park work for the community. The other thing I wanted to bring up that did come across from the group. is that they felt that this was an issue that had been brewing over several months, that over several months this issue bad grown. I have been to many of these Council meetings, where different people have come up and said their piece and explained their is~ue and how they arc for or against it, and you have heard a lot of these stories. Something that bas happened, that has taken three to four months to brew, won't be completely resolved in a very sbon period of time. There needs to be some constructive dialogue on both sides. With that in mind, I'm also conccrncd about my community. I am concerned that by not having some off-leash time in our community during this constructive time, that we are going to lose an investment that has occurred over the last two years in bringing our community members together. So, what I am proposing to the Council is a sbon-tcrm way that we can bring off-leash back, by having this morning time and then take time to really sit down with constructive dialogue and sec some other options that were proposed, especially, when we were talking with the neighborhood ... whether it be fencing, whether it be to look at when the park is used. For instance, in the middle of January when it is 20 degrees outside ... that might be a time when we could extend off-leash time, because that is the time they would probably use the park as opposed to somebody who is coming there for a picnic. It probably wouldn't be a picnic day in the park in the middle of January. So that is a question of ours. The main thing I want to get down to is that this discussion really and truly needs to take place. We need to bring people in the neighborhood together to talk about it. I am hoping that the Council will consider what I have brought fonh today and that we can find a constructive solution to bring our community back together again, because it has not happened yet and it needs to. Mayor Bradshaw thanked Ms. Bassett. 7. Unscbecluled Visitors a) Kathy DiMarco, 701 East Bates Avenue, said I am here this evening to discuss and thank you for your decision at the last Council meeting regarding Bates Logan Park. So, members of City Council and Madame Mayor, thank you once again for the opportunity to address the Council. First of all. I want to say thank you for the decision to place the dogs, at Bates Logan Parle, back on their leashes. Your decision has made it possible for families to safely return to their neighborhood park. Many of my neighbors have told me how nice it is to visit the park again. Every time we visit, or just drive by, I am happy to sec the children playing in the playground again. The kids arc shooting hoops once more and there are lots of kids on the soccer field . I have also noticed many an errant dog whose owner just doesn 't get it , and thinks they are gelling away with something by allowing their dogs to run loose through the park . I know there arc many dog owners who arc unhappy with this decision and I would challenge them to understand that this is not a defeat for them . It is an opponunity for them to look for an appropriate locati on for a real dog park. That is not the family park at Bates Logan. I feel compelled to remind them that it is not just my opinion that dogs should be kept on leases in public places, but it is the opinion of the American Kennel Club, the Humane Society, the Dumb Friends League, The American Society of Plastic Surgeons, the Centers for Disease Control and the American Academy of Emergency Medicine. The decision to leash the dogs at Bates Logan Parle is something that needed to happen to keep our children safe. As much as you care for your dogs, all dogs can bite. And, nobody, especially a child, should have to e ndure the physical or emotional trauma associated with a preventable dog bite. I know they believe their dogs are well behaved and I know they believe they have them under control, but the truth is, they arc only as under control as the dogs allow them to be . There arc seatbelt laws, there arc laws regarding the removal of s now from s idewalks, and there are many laws designed and in place for the safety and welfare of the c itizens. Keeping dogs on leashes in public places is one of those laws. Allowing dogs off-leash from 6 :00 ' .. • • Englewood City Council October 20, 2003 Page4 0 . to 9 :00 is not a feasible compromise. It is telling children not to play soccer until after 9:00. It is telling parents that the park isn't safe for early morning play at the playground. 6 :00 to 9 :00 is too early for me and my neighbors to have to deal with barking dogs and dogfights . There is not a good time to have dogs off-leash at Bates Logan . It is not a matter of compromise, it is a matter of safety. What dog owners want, is to be able to allow their dogs to run wild. Thank you for understanding that what they want directly impedes upon the safety of the community. What they need is a dog park. They need a place that is large enough to handle the population of dogs that overran Bates Logan . A dog park should have enough space for a dog run . It should have adequate waste and water facilities. It should be able to accommodate large and small dogs. And most of all, it should be a place where children, and others who do not want to be approached by off-.leash dogs, are separated by a fence high enough to contain the dogs. Bates Logan Park is a family park. It is not appropriate, safe or wise to allow off-leash dogs there. Thank you again for your decision . It was a good decision. It was the right decision and it continues to be the only decision appropriate for Bates Logan Park . Good luck, as you must continue to defend the safety of the citizens of Englewood. Stand by your decision and do not let our park go back to the dogs. Thank you for your time. b) Dave Bertsch, 3201 South Elati Street, said I am here to call attention to Cushing Park . I live a couple of blocks away from the park and I have been seeing an increase in crime, trash, kids running up and down the street, barreling through our neighborhood, to get down to the park. A couple of my neighbors and I attended the Parks and Recreation meeting at the beginning of October and I haven't gotten a response from them yet . That is why we are here to voice our opinion tonight and make you guys aware of the problems that we are seeing in our neighborhood . There is a skate park down a! Cushing Park and I understand that it is open from dawn to dusk. However, the park stays open, Cushing Park itself, stays open until 11 o'clock at night. My neighbors and I really kind of see this as a problem. We feel there is nothing productive going on down at the park after dark . Many times, we have seen police officers running up and down the street, quite rapidly, after dark, from things going on down there. There are no lights ... no real lights ... for organized activities such as soccer games, baseball games, or what have you. If there were organized activities going on down there, then our views would be a little bit different. But, we feel that it is kids going down there raising Cain. I don't know exactly when it happened, but on Sunday we saw a bunch of the trash barrels down there floating in the little pond. I, myself, saw trash barrels dumped over and just strewn about the park. I don't know how it happens, but a lot of the wind carries that sttaight up the street and right into my yard . I am getting really sick and tired of picking trash up from my yard , as well as getting stuff stolen from my shed. Between my truck getting ransacked and stuff getting stolen out of my shed, it hi,s cost me about $600.00 in the last year. One of my neighbors had a purebred boxer puppy stolen out of his yard recently . Another neighbor, within the last couple of years, has had some vandalism at his place . There is graffiti happening . It is all bringing crire to our neighborhood. I've got neighbors that will not let their kids go down to the park unsupervised due to some of the activities that arc going on down there . I, myself, have not really seen any drug trafficking, nor would I really even know what that is. but I am sure it is going on down there. There was a police related shooting down there a couple months ago. as well. I had just walked my dog down at the park, about a month ago, and saw some kids racing up and down the streets and I had a word with them. 1 then thought twice about having a word with them , because they knew where I lived. There arc quite a lot of kids that hang out in groups down there. I don't feel safe expressing to them that they need to slow down through my neighborhood and then they would know where I live. I am afraid of retaliation . I take my dog down there often, because it is right by my house. I was down there last week, as a matter of fact , and I saw these two little kids racing off on their bikes ... '"get out of here, get out of here" ... and there was a clan of kids chasing them. About ten minutes later, the kid's father came down and was defending his son. It is a bad thin& to have that park open after dark . The Parks and Recreation Depi,rtment said they review crime statistics from that park, I think , every s ummer. I would encourage them to go within a five -block radius around the park . They might not be catching crime that is happening at the park in our neighborhood . Mayor Bradshaw thanked Mr . Bertsch . ' • • Englewood City Council October 20, 2003 Page 5 (J c) John Griswold, 3202 South Fox Street, said thank you very much for your time tonight. We appreciate it. I overheard in the meeting next door ... wc were actually coming here, but wound up over there ... and I heard the words community pride and improvement in spirit. I think all of us, my neighbors here tonight, have made huge contributions to the value of our property, both financial and the work we put into it. None of us want to move. I think we all do have pride in our homes. On the way down here tonight, going past the park David was speaking of, we were passed by a speeding Bronco that was probably going 40 miles per hour. It tears down the alley, dust kicking up and I know that right up the alley is a little kid very close on his tricycle. I think, just to kind of build a little bit on what he is talking about, we heard from a reputable source that the police and fire budgets have been slashed, in favor of artistic improvements, which I fully support. I think we also know when we do grow as a community, we have to look at existing infrastructures and be able to support the growth that sometimes comes along with those things. All my neighbors have suffered some form of vandalism and theft and/or some kind of a crime related incidcnt ... possibly kids high or bored or something. I don't know who throws trash cans in a pond. but most older people don't. So, anyway, I will make this short. I just wanted everyone to look at possibly bolstering the police and fire a little bit more and supporting them. If it is a matter of money, I think if we stuck a radar gun and a cop next to Eastman and Fox, you would be able to cover just about any costs. Thank you very much for your time, I appreciate it. Mayor Bradshaw thanked Mr. Griswold. d) Bruce Geller, 3155 South Elati Street, said I just wanted to take this opportunity, before this current Council's term ends, to express my thanks to Council Member Nabholz for listening to me and talking with me over the years about things in our neighborhood that I could not control. I am sorry to see her leave the Council and if I could vote for her again, I would. Thanks Ann. Council Member Nabholz said thank you Bruce, that was thoughtful . ••••• Mayor Bradshaw said Mr. Griswold, we haven't laid off police and fire . Mr. Griswold replied that actually is what I have been hearing from several different sources. Mayor Bradshaw said I know some of the candidates have been saying that, but we have not laid off police and fire . Mr. Griswold said arc you saying fire and police personnel is right where it was five years ago? Mayor Bradshaw asked Director Olson if he would respond to that . Director Olson said we are below where we were five years ago if you just look statistically at that and budget is related to a lot of that. We have had a lot of specialized units out there ... like the Impact Team, the Traffic Team and so forth, and we have had to cut back on some of that just to support our patrol activities . We have tried to keep them at the strength that we think is comfortable, which is usually between 33 and 36 officers. But based on five years ago, we are below that number. We arc attempting to keep the ac tivity levels up to where they should be. We know there arc a lot of concerns out there about the number of officers on the street, and that v:uics. Right now we have several people that arc injured, on lo ng-term disabilities, and so forth. It is just tough to replace those people at this point in time. It is a real varying statistic , but I guess I would have to say, just from five years ago, that we probably would be below that number at thi s point in time. Mr. Griswold said I was just wondering if you were going to be hiring. Mayor Bradshaw said the head tax would help. Mr. Olson said please vote. Vote for the head tax, that will help . Mayor Bradshaw said absolutely. c) L. Sanderson, 4000 South Acoma Street, said I am here to express my concern about the South Broadway Plan, being a homeowner and law abiding, very proud Englewood citizen for actually 13 years ... not at the same residence. I own a home that was built in 1926 and I am very concerned that this is t -.. ..• • • Englewood City CoUDdl October 20, 2003 Page6 going to be one of the unattractive, misfit homes that isn't going to fit in with the South Broadway Plan. That is all , she said . Mayor Bradshaw said have you attended the forums on the South Broadway Plan? Ms. Sanderson replied I hadn't heard about them until I got the flyer on my front door. Mayor Bradshaw said well the thing is, the South Broadway Plan is for just that, South Broadway. Ms. Sanderson said not the properties that arc a block away? Mayor Bradshaw said no . 8. Communications, Proclumtlom ud Appolntimau There were no communications, proclamations or appointments. 9 . Public Hearin& No public hearing was scheduled before Council. 10. Colllfflt Agenda (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading . (Sec Agenda Item 11 -Regular Agenda .) (b) Approval of Ordinances on Second Reading COUNCIL MEMBER GARRETI' MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (I), (U), (IU) ud (IT) ON SECOND READING. (i) ORDINANCE NO. 69, SERIES OF 2003 (COUNCIL BILL NO. 67, INTRODUCED BY COUNCIL MEMBER GARRETI) AN ORDINANCE AUTHORIZING THE EXTENSION OF A LEASE AGREEMENT BETWEEN ABC, INC ., THE CITY OF ENGLEWOOD AND THE CITY OF UTrLETON. (ii) ORDINANCE NO. 70, SERIES OF 2003 (COUNCIL BILL NO. 68, INTRODUCED BY COUNCIL MEMBER GARRE1T) AN ORDINANCE APPROVING AN ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT PERTAINING TO THE CONSTRUCTION OF A PORCH LOCATED AT 2931 SOUTH WASHINGTON ENCROACHING 25 FEET INTO THE REQUIRED FRONT SETBACK AND APPROXIMATELY 1.2 FEET INTO THE PUBLIC RIGHT-OF-WAY . ' (iii) ORDINANCE NO . 71, SERIES OF 2003 (COUNCIL BILL NO . 69, INTRODUCED BY COUNCIL MEMBER GARRE1T) AN ORDINANCE AMENDING TITLE 11. CHAPTER 3, SECTION 4, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO ENCROACHMENTS INTO THE PUBLIC RIGHT-OF- W A Y. (iv) ORDINANCE NO . 72. SERIES OF 2003 (COUNCIL BILL NO . 70, fNTRODUCED BY COUNCIL MEMBER GARRETI) • t • • Englewood City Council October 20, 2003 Page7 AN ORDINANCE FOR APPROVAL OF A CONSTRUCTION EASEMENT AND LICENSE AGREEMENT FOR THE FIRST CHURCH OF CHRIST , SCIENTIST AT 3701 S. LOGAN STREET, ENGLEWOOD, COLORADO Mayor Bradshaw asked if there were any comments or discussion . There were none . Vote results: Ayes : Nays : Absent: Motion carried . Council Members Nabholz , Moore , Garren , Wolosyn, Grazulis, Bradshaw None Council Member Yurchick (c) Resolutions and Motions There were no additional resolutions or motions . (See Agenda Item 11 -Regular Agenda .) 11 . Replar Apada (a) Approval of Ordinances on First Reading (i) Director Gryglewicz praented a recommendation from the Department of Finance and Admini strative Services to amend the bill for an ordinance adopting the 2004 Budget for the City of Englewood and to approve the ordinance on finl readin1 . He said the council bill before you approves the 2004 Budget for the City of Englewood . Also you have a motion before you making changes to the budget that wu continued until tonipt. I would like to make one comment. be said, because I believe one ocher addition hu to be made to the motion, and lhal ii for the General Fund to chaqe the beginning Fund Balance from S5 ,14S.331.00 to $4.BOS,617 .00. And what that reflects. is a pouible transfer to the Servicenter Fund for a property pun:huc. Thal may or may IIOl happen in 2003 . It could happen in 2004 . But the Fund Balance will remain at 10 per CCIII esaimated for 2004. Mayor Bradshaw said which is what we as ked you for , to get more real nwnben and to get back to us . Mr . Gryglewicz said ihese are the so lid numben and Council was provided wilh the reconciliation from the numben that were presented two weeks ago . The changes in this motion are the actual changes to the budget . Mayor Bradshaw said does that include the money for the po6itions lhat were reinsta ted? Director Gryglewicz said yes . So , Mayor Bradshaw said, this incl~ the police and ftre position . that we put back in. Director Gryglewic z sai d it includes all the changes that were made and recommended at the Budget Retreat. It also includes the transfer of the possible propeny purchase to the Servicenter and it also reflects the $402,000 .00 tr ansfer fro m the Capital Projects Fund . You will see that the actual increase 10 the Capital Project s Fu nd fro m the Enterpri se Fund , is actuall y more . but onl y $402.000.00 is being trans ferred to the General Fund . Mayor Bradshaw sa id so. in essence, we ha ve two different agenda ite ms . We ha ve Counc il Bill 72 and Council Bill 73 . You Just ex pl ai ned both of them? Mr . Gryg le wicz said are you talking the appropriations ? The appropri ation is the actual legal aur.hori ty to spend the fund s and there is also a motion there to amend the Ca pita l Projects Fund . Mayor Bradshaw sa id oby. so we will take these two ite ms separ11el y. Any questions on Agenda Item 11 (a) (1). Counci l 8111 No . 72? ','here were none . CO UNCIL MEMBER GARRETT MOVED, AND rr WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. n AS AMENDED av COUNCIL COMMUNICATION DA TED OCTOBER 20, 208.l AND ruRntER AMENDED av TIIE VERBAL DELINIA TION Of TH E C HANGE IN ruND BALANCE. • t • • .. • Englewood City Council October 20, 2003 Pqe8 COUNCIL BILL NO . 72, INTRODUCED BY COUNCIL MEMBER GARRET!' A BILL FOR AN ORDINANCE AOOPTING THE BUOOET OF THE CITY OF ENGLEWOOD, COLORAOO, FOR THE FISCAL YEAR 2004. Mayor Bradshaw said Frank, thank you so much for coming back with this . Vote results: Motion carried . Ayes : Nays : Absent: Council Members Nabholz, Moore, Garren, Wolosyn. Grazulis, Bradshaw None Council Member Yurchick (ii) Director Gryglewicz presented a recommendation from the Depanment of Finance and Administrative Services to amend the bill for an ordinance appropriating the City of Englewood's 2004 Budget and to approve the ordinance on first reading. He said this just amends the spending and the only fund that was affected was the Capital Projects Fund . COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (a) (U) -COUNCIL BILL NO. 73 AS AMENDED. COUNCIL BILL NO . 73 , INTRODUCED BY COUNCIL MEMBER GRAZULIS A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORAOO, IN THE FISCAL YEAR BEGINNING JANUARY I, 2004, AND ENDING DECEMBER 31, 2004, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2004 . Vote results: Ayes: Nays : Absent: Motion carried . Council Members Nabholz. Moore, Garrett. Wolosyn, Grazulis, Bradshaw None Council Member Yun:hick (b ) Approval of Ordinances on Second Reading (i) Council Bill No . 71 , approving the 2003 Mill Levy for collection in 2004 was consi dered . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I) -ORDINANCE NO. 73, SERIF.s OF 2003. ORDlNANCE NO . 73. SERIES OF 2003 (COUNCIL BILL NO . 71 , INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE FIXING THE TAX LEVY IN MlllS UPON EACH DOU.AR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD. COLORADO . Vote nsults: Ayes : Council Members Nabholz, Moore. Garren, Wolosyn. ' • • Enatewood City Council October 20, 2003 Pqe9 Motion carried. Nays : Absent : Grazulis, Bradshaw None Council Member Yurchick (ii) Council Bill No. 74, approving the 2004 Budget for the Littleton/Englewood Wastewater Treatment Plant was considered . COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (U)-ORDINANCE NO. 74, SERIES OF 2003. ORDINANCE NO . 74, SERIES OF 2003 (COUNCil. BILL NO. 74 , INfRODUCED BY COUNCIL MEMBER GRAZULIS) AN ORDINANCE ADOPTING THE BUDGET FOR THE LITTIEl'ON/ENGLEWOOD W AS'TEWATER TREATMENT PLANT FOR THE FISCAL YEAR 2004. Vote results: Motion carried . Ayes: Nays : Absent : Council Members Nabbolz. Moore, Garrett. Wolosyn. Grazulis. Bradshaw None Council Member Yurchick (iii) Council Bill No . 75, appropriating the 2004 Budget for the Littleton/Engle..:iood Wastewater Treatment Plant was considered . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (HI) -ORDINANCE NO. 75, SERIES OF 2113. ORDINANCE NO . 75, SERIES OF 2003 (COUNCIL BILL NO. 75 , INTRODUCED BY COUNCil. MEMBER GRAZUUS) AN ORDINANCE APPROPRIATING MONIES FOR THE LITTIEl'ON/ENGLEWOOD WASTEWATER TREATMENT PLANT PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY I , 2004 , AND ENDING DECEMBER 31, 2004, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION Bill FOR THE FISCAL YEAR 2004 . Vote results: Ayes : Nays : Abse nt : Motio n carried . Council Members Nabbolz , Moore , Garrett, Wolosyn , Gru uli s, Bradshaw None Council Member Yurch ic k (c) Reso lutions and Motions (i) A recommendation from the Deputment orFinance and Administrative Services to ad o pt a reso lution transferring funds from the Capital Projects Fund to the Cleocra1 Fund was considered . COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (r) (I) -RESOLUTION N0.13, SERIES OF 2I03. Englewood City Council October 20, 2003 PagelO RESOLUTION NO . 83, SERIES OF 2003 A RESOLUTION TO TRANSFER FUNDS FROM THE CAPITAL PROJECTS FUND (CPF) TO THE GENERAL FUND FOR IBIS PROJECT LEASE PAYMENTS . Vote results: Ayes: Nays : Absent: Motion carried. 12 . General Dlscualoo (a) Mayor's Choice Council Members Nabholz, Moore, Garren, Wolosyn. Grazulis, Bradshaw None Council Member Yurchick (i) Mayor Bradshaw said lj1151 wanted to remind you that our family, in memory of my molhcr, my father and my grandmother, purchased a stained glau window that depicts the Tuilcrics Gardens that was in Englewood in the early 1900's. It is now hanging in the library. It is beautiful. We will have the official dcdication'in November, she said. (ii) Mayor Bradshaw said as far as what Ms . Bassett has presented, I want to thank you for your efforts and your rational view ... asking for 3 out of 24 hours is very reasonable . I do think that we need to get both factions together. I don't think that it can be my way or your way, I think it has to be our way and in the best interest of our citizens. So at this point. I am going to move that we try Ms. Bassett's proposal at Bates Logan Park . Council Member Wolosyn said you know we had lhis discussion last week, where we were going to step back and there arc a couple of people in the community. who I really rcspect. and I think they will agree with this, but I would really like to just talk to them about it. We did talk about that last wcclt . Actually it was some of these very people who asked us to not make decisions in this manner . Mayor Bradshaw said yes, I am just putting it on the table, then you people vote as you see fit. Council Member Wolosyn said correct me if I'm wrong. but didn't we talk about having a procedure to deal'with this . Didn't we agree to have a procedure? Council Member Garrett said it wasn't a procedure. I think it was a recommendation . Ms . Wolosyn said okay .. ' Or. Mayor Bradshaw said, should we refer it to Par):s and Rccrcation ? Ms. Wolosyn said no I don 't think we should refer it to Parks and Rec . Council Member Garrett agreed with Ms. Wolosyn . Mayor Bradshaw said so , anyway , I move that we try that for a month . MAYOR BRADSHAW MOVED, AND IT WAS SECONDED, THAT WE TRY MS. BASSE'M''S PROPOSAL AT BA TES LOGAN PARK FOR A MONTH. Mayor Bradshaw asked if there was any discussion. Council Member Nabholz sa id I think it would be nice if Mike Yurchic lt were here to have hi s input. j, • • Englewood City Council October 20, 2003 Pa1e 11 Council Member Wolosyn said that I can tell you that if we vote I will probably vote for this, because it is in the spirit of what I wanted, if we are going to try it for a month. But what are you guys thinking? Mayor Bradshaw said why don't we just all talk about it. Ms. Wolosyn said we are supposed to be talking and not swinging like a pendulum. Council Member Nabholz said I think it compromises how I voted two weeks ago. Like Mr. Garren said, no, it doesn't need to be taken back to Parks and Rec. We started this in January. Meeting, both with the people who love to bring their dogs to the park. the people that live close to the park or blocks away that love the park. We started on a cold day in January trying to come to a compromise and here we are at the end of October and there has been no compromise, no willingness and that is when I said, enough is enough. I will not compromise my vote. I stand very firm that that park is too small to be a dog park, and I will not compromise my vote. Council Member Garren said nobody abstained from this. I will vote for this if it comes back in a couple of weeks, because I think it is a reasonable compromise. It was one of the things discussed two weeks ago, that Parks and Rec was looking at. I think that there are people here that would probably oppose such a concept. Last time I was not happy with the process, as certain people weren't here when we voted on it. because they didn't know it was on the agenda. I didn't think that was fair, and, likewise, I don't think it is fair to bring it up, in my view, today. When we all should know that in two weeks we may be voting on a compromise. I think that way everybody will have an opportunity to speak. Council Member Moore said I do like the idea, I do like the prospect of the compromise. I think it is something to consider. I don't want to act too hastily, so I vote to get it on the agenda ... to have Mike Yurchick back. It was determined that another council member would be absent at the next meeting. So Mayor Bradshaw said, you won't have a full Council either way. Council Member Moore said but I would still agree . I would rather us make sure we are slowly aod methodically considering all of these compromise issues. Mayor Bradshaw said okay, I would like to see both p-oups get together and bring us proposals. That would be the ideal thing. I really think that we are a community and I think that that could happen. Council Member Grazulis said I like the idea of compromise, and not knowing who is going to be where. when, I will go with waiting two weeks, but I think maybe we need to vote on it at that time. I just don't want to see it disappear ... from what I have been working on also. Mayor Bradshaw said my concern is two wrongs don't make a right. And, yes, I am a dog owner, and I love my dogs and yes, I do control them and yes we do go to off-leash parks. We have been known to go to some leash parks on a bad day, but my concern is, we took away a right from a very small group of people with that decision . My voting for that was saying, get it over, be done with it and not actually hearing from the community that this is a community event. This is something that helps single people in that area feel safer and those kinds of considerations. So my concern is, what harm would it be to try it for a month. If the community is not willing to get together with a compromise and we are going to be polarized ... dogs ... no dogs ... then the Council needs to make a decision. Now why not try a piloc for a month ? Council Member Nabholz said I thought we had made a decision two weeks ago. So now we go back to Bates Logan Park and take down all the signs that say this is no longer an off-leash park. So then we put up signs that say ... from the hours from 7 a .m. to 9 a .m. you can have your dogs off-leash. • • Enpewood City Council October 20, 2003 Pase12 Mayor Bradshaw said the issue with the morning thing, that I think you will find out, is that it will work as the big proliferation of dogs came in the afternoon and evening. People would let their dogs off, they would drop them off a block or two blocks away, and let them run to the park . This stops the proliferation of the Denver dogs . I was talking to Council President Wedgeworth, Council Member MacKenzie and Council Member Boigon on Thursday. I said you guys have really messed up our City by not putting in the dog parks as you said you were going to. I don't know that our residents have to pay that price. I said when we have 60 dogs at Bates Logan Park, that is scary. I've driven up there and there were too many dogs . I didn't even let my dogs out. We went somewhere else. That is very scary. But to deprive some of our citizens of what they see as their right as a citizen in Englewood, I think is wrong . I don't think 21 hours of on-leash and 3 hours off-leash is that bad . Council Member Nabholz said I would like to go back to one of the comments that I remember Council Member Yurchick making two weeks ago ... correct me if I am wrong ... number one is that we have S and now this makes 4 dog parks. Mayor Bradshaw said we might be down less. Ms. Nabholz said that is what I'm saying, I think I have tried to compromise, I've tried to listen to bodt sides, I don't feel I made a rash decision or listened to just the minority of dog owners, just the minority of property owners, just the minority of Denver dog people . I think the park is too small, period. I won't comment again . Council Member Wolosyn said are we allowed to abslAin from a vote? I would much rather do that ... just in the spirit of the procedure we agreed upon as a Council, informally. last week. City Attorney Brotzman said to abstain you need a conflict. Ms. Wolosyn said that is what I thought . Mayor Bradshaw said, and the conflict is? Mr . Brotzman said that means you have a financial or personal conflict. In response to Council Member Garrett, City Attorney Brotzman said under Council policy you may not abstain. You actually have to aniculate the reason that you abstained and it has to be a conflict. Mayor Bradshaw called for the question . Council Member Moore said we talked about something similar. If this vote goes forward tonight, and there are not sufficient yes's, can it be brought up again at the next meeting or is there a delay? Attorney Brotzman said this is not an ordinance, so this one may be brought up again . Mayor Bradshaw said regardless of how this comes out, you two groups have got to talk to each other. You have to. Council Membei Wolosyn said because you know what, it is supposed to be a community park with off- leash privileges and I think the proposal is a wonderful compromise to keeping it that and not making ii a dog park. And that is what I would like everybody to go home and really think about it. Council Member Garrett asked Mayor Bradshaw to entertain withdrawing the motion for two weeks . MAYOR BRADSHAW SAID YF.S, I WILL WITHDRAW THE MOTION. fflE SECOND AGREED. Council Member Grazulis asked about the vote to abstain . I tried to abstain once, because of something and was not allowed . Mayor Bradshaw said it is a choice you make, you can violate a Council law or not . Mayor Bradshaw sai d in the next two weeks, I want you guys to gel together , somehow. t • • En&)ewood City Council October 20, 2003 Pap13 Council Member Grazulis asked if there was a way that they can have a mediator there so it doesn't become an argue fest. City Manager Sears said we could host both sides . We could just set a meeting and we could host a meeting where both parties could come with a representative and discuss the alternative . It would probably have IO be within the next week before the next Council meeting . We could have our Parks and Recreation Director there and if some of the Council Members wanted to come to that meeting, that would be possible too. (Clerk's note : There was a question from audience, but l could not pick it up on the tape .) City Manager Sears said I think it would be better not to have too many, but cenainly one or two representatives in a problem solving mode . Mayor Bradshaw said people who are willing to compromise. Discussion ensued regarding a meeting date and time. City Manager Sears said how about the 21• at 5:30 p.m.? Someone from the audience asked if there could be three from each group . Mr. Sears said I think three may be difficult, how about two representatives from both sides and maybe have a list of different ideas. You may already have some ideas from your side to talk about ... a whole range ofthings ... Emerson Park perhaps as an alternative. I think a whole discussion for an hour or so, would be something to take a look at. Does that sound okay? Mayor Bradshaw said yes. We will have a mediator. Mr. Sears repealCd the time of 5:30 on Monday evening. Responding to a question from the audience, City Manager Sears reiterated that they could have two representatives. Mayor Bradshaw said I think it is very fair . I think we can't do a win-lO&C, I think we have to do a win-win in our community. (b) Council Members' Choice Council Members did not have any additional matters to bring before Council . 13 . CltyMllllllpl''•Report (a) City Manager Sears said staff would be happy to facilitate this. Mayor Bradshaw said I was thinking of Mr. Aahcrty. Mr. Sears said okay, Mike or myself will be there M~y night . 14. City AUoney'• Report City Attorney Brotzman did not have any matters to bring before Council. IS . Acljounmmat OSHA W MOVED TO ADJOURN. The meeting adjourned at 8:25 p .m. Lou Elli• To: Subject: Rouse.Karen RE: agenda for Monday ... Karen, I will need your fax# or we will be glad to e-mail the agendas. Just let me know. -----Original Message----- From: Rouse, Karen [mailto:KRouseiDenverpost.com) Sent : Thursday, October 30, 2003 3:07 PM To: Lou Ellis Subject: agenda for Monday ... Hi Loucrishia, Thanks for calling back. You can fax me the agenda for Monday and that should be good enough . I won't~ here tomorrow but I can pick it up next week off my fax. Thanks so much, Karen Lou EUia To: Subject: Susan Werntz ; Leigh Ann Hoffhines FW: agenda for Monday ... Wou l d you mind e -mailing the agendas to Karen on Fri day . I fiqured Susan would have the Study Session Agenda and Leigh Ann the Regular Session Agenda . If you have any problems with this, just let me know! Thanks! -----Original Message ----- From: Rouse, Karen [mailto :KRouse&Denverpost.comJ Sent : Thursday, October 30, 2003 3:29 PM To : Lou Ellis Subject: RE: agenda for Monday Fax i s 303-820-1194 . But email is good, too. -----Original Message----- From: Lou Ellis [mailto:lellis&englewoodgov.org] Sent: Thursday , October 30, 2003 3:28 PM To: Rouse, Karen Subject: RE: agenda for Monday ... Karen, I will need your fax tor we will be glad to e-mail the agendas . Just let me know . -----Or i ginal Message----- From : Rouse , Karen [mailto:KRouse&Denverpost .com) Sent: Thursday, October 30, 2003 3 :07 PM To : Lou Ellis Subj ect: agenda for Monday ... Hi Loucri shi a , Thanks for calling back. You can fax me the agenda for Monday and that should be good enough. I won 't be here tomorrow bu t I can p i ck i t up next week off my fax . Thanks so much, Karen List of Candidates for City of Englewood November 4 , 2003 Election Lou Ellls From: Rouse, Karen [KRoUNODenverpoet.com) Sent: Thursday, September 04, 2003 2:42 PM To: Lou Ellis Sut,fect: RE: Liat of Candidates for City of Englewood November 4, 2003 Election Just your tltle : It's city clerk , yes? ---Original Message-- From: Lou Ellis [mallto:leHlsOenglewoodgov.org] Sent: lhursdlly, Sepmnbe, 04, 2003 2:22 PM To:krouseOdenverpocom 5ubjec:t: List d candidates for Qty d Englewood November 4, 2003 Election «el2003 candidate list.doc>> tt you need anything else, just let me know! 9/4/2003 Page 1 of 1 AGENDA FOR THE REGUlAR MEETING OF THE ENGLEWOOD 01Y COUNOL MONDAY, OCTOBER 20, 2003 7:JOP.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Calltoorder. 7.'.35~ 2. Invocation. {) ~ 3. Pledge of Allegiance. ~· 4. Roll Call. ~ ~/ I~ ( Y ~f/1ek.j 5. Minutes. a,;,J frOa. Minutes from the Regular City Council meeting of October 6, 2003./J ~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) a. Mary Bassett will be present to discuss Bates/Logan Park. 7. Unscheduled Visitors. (Please limit your presentation to five minutes.) a) Kathy Di Marco-Bates Logan Parlt d) Bruce Geller-Thanks 10 Ann Nabholz b) Dave Bensch -Cushing Parlt c) Ms. L Sandcnon-Soulh Broadway Plan c) John Griswold -bolslcring Police/Fire 8. Communications, l'roc1arnat1ons, ana Appointments ,..0- 9. Public Hearing. (None Scheduled) _g-- 10. Consent Agenda. a. Approval of Ordinances on First Reading. -G- Please note: If you have a disability and need auxilllry aick or seMCeS, pleaae notify the Clly of En•• ood (303-762-2405) at least 48 hours in lldvance of when services 11e needed. 1Nnk Englewood City Council Agenda "" October 20, 2003 Page 2 1fl v-o ~ /N,j-,d_ ~ ~ t'nMrdfe:/1 ~. . . b. Approval of Ordinances on Second Reading. '10 fr/ I ,1 I I 1 / I I f-f t/ Ou)f!;o ii. {J)(J--# r; I iii . d'lfl -/11 J..}_v. Council Bill No. 67, extending the Radio Tower Property Lease with ABC, Inc. and Radio Property Ventures . Council Bill No. 68, approving an Encroachment Agreement at 2931 South Washington Street Council Bill No. 69, amending the Englewood Municipal Code to give staff more flexibility in granting encroachments into the public right-of-way. Council Bill No. 70, authorizing a License Agreement and Construction Easement for City Ditch at 3701 S. Logan Street c. Resolutions and Motions. _g/ 11 . Regular Agenda a. Approval of Ordinances on First Reading. i. Council Bill No. 72 -Recommendation from the Department of Finance and Administrative Services to amend the bill for an ordinance adopting the 2004 Budget for the City of Englewood and to approve the ordinance on first reading. W~ ~Ra: Frank Gryglewlcz, Director of Finance and Administrative Services.~- ii. ~(),r, ~~-0 Council Bill No. 73 -Recommendation from the Department of Finance and Administrative Services to amend the bill for an ordinance appropriating the City of Englewood's 2004 Budget and to approve the ordinance on first reading. STAFF~ SOURCE: Frank Gryglewlcz, Dlrec:tor of Finance and Administrative Servic b. Approval of Ordinances on Second Reading. fJldJ/: ~b-6ouncil Bill No. 71, ap proving the 2003 Mill Levy for coll.ection in 2004 . ~ (Jl d,/J:-'/' L ii. Council Bill No. 7 4, approving the 2004 Budget for the pttleton/Englewood WastewathA . , . ~ uppd"L -o Treatment Plant 'Y/!7~ /i) ,// lJ /7. ,.... iii. Council Bill No. 75, appropriating the 2004 Budget for the Littleton/Englewood / 1 ~AA,__ . (/'1JL,4f:/~ Wastewater Treatment Plant vvrvv7r- ~ {,-{) c. Resolu tions and Motions. Recommendat ion from the Department of Finance and Administrative Services to adopt a resolution transferring funds from the Capital Projects Fund to the General Fund. STAFF SOURCE: Frank Gryglewk:z, Dlrec:tor of Finance .wl Administrative Senlkallll Pl ease' not e: If you have a disability and need au~ aids Of services, pie-nollfy the City of En (303 -76 2-2405) at least 48 hours in advance of when services att needed. Think t • • .Englewood City Council Agenda October 20, 2003 Page 3 1 2. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. Adjournment 'i : .2'5"'~ The following minutes were transmitted to City Council between October 3 and 16, 2003: • Englewood Liquor Licensing Authority meetings of September 3 & 1 7, and October 1, 2003 • Englewood Public Library Board meeting of September 9, 2003 • Alliance for Commerce in Englewood meeting of September 10, 2003 • Englewood Transportation Advisory Committee meeting of September 11, 2003 • Englewood Planning and Zoning Commission meeting of September 16, 2003 • Englewood Code Enforcement Advisory Committee meeting of September 17, 2003 Please note: If you have a disability and need Mbdlwy llids or seMCes, pleale no4ify lhe Clly of fnalewood (3 03-762-2405) at least 48 hours in advance of when services .-e needed. Think AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL MONDAY, OCTOBER 20, 2003 7:30P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Calltoorder. 7.Jg~ 2. Invocation. (} ~ 3. Pledge of Allegiance. ~- 4. RollCall. l,b1/Ah1/ ctJr _.._,I 5. Minutes. ~ frOa. Minutes from the Regular City Council meeting of October 6, 2003./J ~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) a. Mary Bassett will be present to discuss Bates/Logan Park. 7. Unscheduled Visitors. (Please limit your presentation to five minutes.) a) Kalhy DiMarco -Bates Logan Parle d) Bruce OeUer -Thanks to Ann Nabholz b) Dave Bensch -Cushing Park e) Ms. L Sanderson -South Broadway Plan c) John Griswold -bolstering Police/Fire 8. Commun1cat1ons, t-'roc1amat1ons, ano Appointments ,,,,g-- 9. Public Hearing. (None Scheduled) _o- 10. Consent Agenda. a. Approval of Ordinances on First Reading. ~ Please note : If you have a disability and need auxiliary aids or servicl!S, please notify lhe City o# Enslewood (303-762-2 405 ) a l least 48 hours in advance of when services are needed. Thank you. • • ., Eng lewood City Council Agenda October 20, 2003 Page 2 ~ft-0 ~/}UJ-,d_ f ~ ~~~.. . b. Approval of Ordinances on Second Reading. . '1 () Ir/ I.) I I I I I I r I ti {)zdjl IJ D ii. OtiJ,# '7 I iii. ~d-/11~v. Council Bill No. 67, extending the Radio Tower Property Lease with ABC, Inc. and Radio Property Ventures. Council Bill No. 68, approving an Encroachment Agreement at 2931 South Washington Street. Council Bill No. 69, amending the Englewood Municipal Code to give staff more flexibility in granting encroachments into the public right-of.way. Council Bill No. 70, authorizing a License Agreement and Construction Easement for City Ditch at 3701 S. Logan Street c. Resolutions and Motions. ~ 11 . Regular Agenda. a. Approval of Ordinances on First Reading. i. Council Bill No. 72 -Recommendation from the Department of Finance and Admmistrative Services to amend the bill for an ordinance adopting the 2004 Budget for the City of Englewood and to approve the ordinance on first reading. W~F 5C?j!RCE: frank Gryglewicz, Director of Finance and Administrative Services.~ ,~~ ii. ~~-0 Council Bill No. 73 -Recommendation from the Department of Finance and Administrative Services to amend the bill for an ordinance appropriating the City of Englewood's 2004 Budget and to approve the ordinance on first reading. ST~AFF , SOURCE: Frank Gryglewicz, Director of Finance and Administrative Serv b. Approval of Ordinances on Second Reading. [)'ld:}J: ~i'-Jouncil Bill No. 71, ,approv ing the 2003 Mill Levy for collection in 2004. ~ (Jl c[/J:-'Ji ii. Council Bill No. 74, approving the 2004 Budget for the Littleton/Englewood Wastewa•JviA . ,. ,· Uf}/Jd~-0 Treatment Plant ':Je:7~ It) .11 LJ I'?. .-iii. Council Bill No. 75, appropriating the 2004 Budget for the Littleton/Englewood / 1 ~AA,.~ . (/'1JL.:ff:/~ Wastewater Treatment Plant. vvrvv7r---- ~~-t) c. Resolutions and Motions. Recommendation from the Department of Finance and Administrative Services to adopt a resolution transfer ring funds from the Capital Projects Fund to the General Fund STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative ~ ...... NIIIII Please note: If you have a disability and need aU)(lllary aids or semces, pleue nobfy the City of En 303-762-:?405 ) al leas t ~8 hours in advance of when services are needed. Thank you. • t • • Engl ewood Ci ty Council Agenda O ctober 20 , 2003 Pa ge) 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report 14. City Attorney's Report Adjournment Y : ;).'5"~ The following minutes were transmitted to City Council between October 3 and 16, 2003: • Englewood Liquor Licensing Authority meetings of September 3 & 17, and October 1, 2003 • Englewood Public Library Board meeting of September 9, 2003 • Alliance for Commerce in Englewood meeting of September 10, 2003 • Englewood Transportation Advisory Committee meeting of September 11, 2003 • Englewood Planning and Zoning Commission meeting of September 16, 2003 • Englewood Code Enforcement Advisory Committee meeting of September 17, 2003 Please note : If you have a disability ,ind need auxilwy am Of servicl!S. pleue nollfv the City of E,,.tewood , 303-762-2 405 ) at least 48 hours In advance of when servlc~ are needed. Th.Ink ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session Oc:tober 6, 2003 I . Call to Order The regular mee1ing of lhe Englewood Ci1y Council was called to order by Mayor Bradshaw a1 7:30 p.m . 2. Invocation The invoca1ion was given by Council Member Nabholz. 3. Pledge or Allegiance 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 1heir leadership, has given us the o pportunity to participate in such lhings as the flowerbeds at the Recrea1ion Center, a tlag ceremony, Fire Prevention Week, the parades and all kinds of lhings. Our tradition for saying thank you, is 10 give you 1he Pack yell. We just want 10 say thank you and we appreciate all you have done. They gave the Pack yell. There was applause from the audience. -1 . Roll Call Present: Absent : A quorum was present. Also present: 5. Minutes Council Members Nabholz, Moore, Grazulis, Garrett. Wolosyn, Yurchick, Bradshaw None City Manager Scars Ci1y Attorney Brotzman Assistant City Manager Flaherty Ci1y Clerk Ellis Fire Division Chief Lockwood Fire Marshal Greene Director Gryglewicz. Finance and Administrative Services Direc1or Fonda. Utilities Direc1or Ross, Public Works Dirccior Olson. Satc1y Services (a l Mmu1e, of 1he Re gular Cuy Council meetmg of September 15 . 2003 \\ere considered . l b ) ;\l1nu1e, of !he pc 1al Ci1y Council mee1ing of Scp1embcr :!7. :!003 were .:ons1dercd . C Ot;:-I C II. :\IEl\lBER GRAZULIS ~10VED, AND IT WAS SECONDED, TO APPROVE THE ~11:\'lJ TES Of THE REG LAR CITY COUNCIL l\liETING OF SEPTEMBER 15, 2003 AND THE ~111\'UTE OF THE SPECIAL CITY COUNCIL MEETING OF SEPTEMBER .?7 • .?003. ~l .. ~1lr Brad hJ11 a l.ed 111hcre \\U• Jn~ d1; uss1on . There 11a none. • • • Englewood City Council October 6 , 2003 Page 2 Mayo r Bradshaw said the Special Meeting was to meet a deadline for the State. for our application o n the T ra nsportation Improvement Program. Vote results: Ayes: Nays : !'\lotion carried. 6. Scheduled Visitors Council Members Nabholz. Moore. Garren. 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 spc3k 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 linle bit of background about where Fire Prevention Week originated. As the legend has ii, it all began with Ms. O'Leary 's cow in the barn back in Chicago in the I800'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 tire, 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 c ity . About 40 years later. the National Fire Protection Association decided that, what they really needed to be do ing. 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 c.1Sily misunderstood, he said. is that tonight what we are really going to recognize is more than a poster conrest. It is really about developing, or changing the mindset. with regard to preventing situations that result in injury and tire 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 . Ultimarcly. ii is about increasing awareness abou11hc environment and abou1 how 10 keep people safe . This week, 1he focus is on fire safely and the efforts of the firefighters will b~ aimed al visi1ing s1udcnts in the schools giving them instructions on how 10 be safe. However, our efforts in the Fire Divisi o n do not s top al the end of Fire Prevention Week . Our local prevention efforrs are very broad based and ongoing. The Englewood firefighters arc taking a very proactive approach in the community with regard to prevention and education by providing instruction on CPR. first aid, child passenger seat safely. bicycle safety. senior citizen safety, exiting drills. extinguishing drills and prclly much any other activity that we can ident if 1hat meets a real need in 1hc community. In closing, your continued s upport of our efforts and the i -irion of the efforts of 1he students. is grcaily apprecia1ed . Wor~mg together. we can provide the le v ,¥rvice 1ha1 is needed 10 cduca1e and protecl our citizens. And wrth 1ha1 . he s aid . we thank you on bell-,, o f the Fire Division. Mayor Brads ha w thanked C hief Lockwood for hi s hard work . Mayo r Brads haw said n w we ha ve Fire Marshal Ben Greene to address Ci1 y Council regarding the Fire Prcl'emion Pos1er Contest I had the honor to be o ne of the j udges and it was really 10ugh. bemg a judge. Yn u fo lk s put so much hard \\Ork m1 0 th ose posters. that I'm Just so proud 10 be a pan ofa commumt) \\hO ha, wo nderful ch ildren like yo u. Thank you. she said . (b l Fire Mars hal Greene said thi s year's pos1er contest was ac1ually O\'erw helmmg I wa;, , er~ pt.:J,ed "11h the amount o f turno ut and I was also plea,-cd wrth the four Judges tha1 I had who "ere ,er: IJ~en JbJc~ b~ the amount o f work 1hat 1he ;,tudent• had pu11n . I had 1hc Honorable Ma~or. C uncil ~km~r Wolo,~ n. the upenntendent o f School Jnd J well lno\\n .in teacher. Sheila Olson trom the High ·~h(,>I. d111ng the J ud ging . The~ spent all Fnday afternoon debaung. helping me to pick our 1he "inner . JnJ 1he: \\ere rough . I \\Ould li~c to prcsen1 th o e no" I \\Ould hke to h;l\e Director Chn 01 n anJ Brll \ ,,ung. Prc,rdent 1l t the F1rc11gh 1cr . soc1a11 n. tu come up to hand o ur the pnzel> Fu~ \!Jr hJI Greene Jnnoun.:ed the \\m ne .. • • (J Englewood City Council October 6, 2003 PageJ Bishop Elememary: I '' Cassidy Pilling . '.!"d Catherine Ma rie Meyer, 3•d Sc o ut Harri s Cherre lyn Elementary: I" Danielle Renaud. 2nd Anna Schulz. 3"' Slone Hamilton Clayton Elementary': I" Jamie Thompso n, 2nd Randall Kloewer , 3n1 Joe Hooge nd yk Charl es Ha y Elementary: I " Rebecca Erickson. 2nd Lilith Jacobs, 3n1 Hannah Erickson Maddox Elementary: I " Stephen Daugherty, 2nd Nancy Denford. 3n1 Jared Ward All Souls: t" Keary Eaton & Mallory Ho lstein , 2nd John Andres, 3•d Savannah Nel son St. Lo ui s: I" Jackie Hugger. 2nd Alec Womeldorft , 3•d Meghan Becker The winners were each given an en velope with their cash prize. I" Place -$25.00. 2nd Place $15 .00 and 3n1 Place S 10.00. The cash prizes were donated by the Fir.!fighters As soc iation . All the winners were given a round of applause . Fire Marshal Greene sa id I would like to invite the winners and their families to join us in the Community Room for a brief rece pti o n. (c ) Christena Estes Faraci said unfortunately John Dill. who was scheduled to speak. wa s ca lled away s uddenl y. so I am here in his place . I am here representing the Don't Turn Ra cetracks int o Casinos Committee. We are the o pposition 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 Amend ment #3 3. I.am s ure yo u have a lot of information . That you have been inundated with direct mail pieces from both s,<les. have see n the TV commercials, and the numerous editorials in the news coverage. So I wo n't go into the nitty-gritty 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 sa id . Amendment #33 is a proposal to 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 opposi ti on campaign. have visited Rhode Island and have seen what has gone on in Rhode Island . That is the on ly other track that Wembley. the London based company. who owns the four or five tracks here in Colorado. ha s do ne there. They staned at 400. they went up to approximately 1000 and are now at 2200 machines and are expected to go up to about 3200 next year. The initiative language. incidentally . state s that the Lottery Commi ss ion needs to maximize revenues so ... in the initiative language ... that is part of their job to approve more machines . Again. if Amendment #33 is approved, the London based company ",II get a virt ual mo nopoly over casino gambling in the front-range v,a a ~-onstitutional amendment . That 1s an unprecedented move for a private company to amend the State constitution for. basically , contractual purpose,. Out of th e State 's share of profits, comes the cost, administration and maintenance for the slot ma hines. incl udi ng all bettor payo uts . So. it is a little misleading when they say we are going to get 61 perce nt of the profit. That is no t true . Wembley has also exempted r,hemse lves from the State ga min g tax , "hich ,s . in part. reserved to reimburse host communities from local impacts of casino ga mblin g. So. Wembley. in essence. gets Sl.5 billion dollars over 15 year and another Sl.8 billion additional ,ubsidy in the co,1 ,if 1he machine,. Coloradoans will forgive at leas! S250 milli o n in franchise fees. not to mentio n the amount o f money they will si phon off the mountain towns funding for historic preservation . If Wem ble~ really wanted to negotiate a deal with the best interests of the State Colorado in mind . they \\ould hJ,e J o ne ,o in away ,imilar to what the y did in Rh ode Island . Wembley ge ts '.!6 percent and Rhode b la nd get, the balance . I percent to help miugate the local 1mpa ts to traffic. law enforcement. etc . There 1> no ltx·al vote . there ,s no local mo ne y :o m,ugate the negum·e impact . that I why the Colorado \1 un1.:1p al League and 1he Colorndo Counlle . Inc. along with a number of 1ndl\1dual elected ortic1al:.. h•\\n, hke u lorado Springs and Pueblo. ha,e all come out ,n official oppo\lt1on to th, propo.al. And Jg Jin . there 1> an organiza11onal endorsement of o pposmg Amendment 11 3 1n }O ur p;i.l.ct. I won't go thr,,u~h the numer ,u; l1mng o f orJ!a n1za11 on . lnc1dentall). Wembley ha, been 1nd1cted on:: count ,,t ne1h1,al bu 1ne» pract11.:e; m Rhode Island . I Jm not ure that that 1> the I.ind ol 1:ompan~ th.u the tate ,1 1 ( ,,h,rad,1 and the c1 t1Len here "ant to get ,n bed with . I h,l\e JU t J couple ot u1 l . la t point . he w,d The tJIC annot ,mpose an) rule, on\ emblc~ asmo . ,f they can pn."e that II uuertcrc -.uh their ab1ht } t· ma e J pr.,111 S,, . .1 11 ,1.1n<h n~ht OO \\, underJgC children. unhmned tJl.e !!Jmbhng I appr ,eJ nle" rule, M • uthcn,, e promuliateJ b~ the Ll,ttcr~ o mm, "'" am . he aid. rc,C\ nmng the lou ~ Je,il 1hat thi, ,., h>r the 'tate o t C,11 raJo. t,,rmcr Gu,crnor Ro mer. ,,ernor "en . 1he Dcn,cr P t. thc R ,~, ~h•unt.un -.;c,\\. the StcJml>\,Jt P1lot . thc rJnd Jun.tn>n Dail ). JnJ 1hc Boul der CJmcr~ h.l\c JII ' • • -- E ng lewood City Council October 6, 2003 Page 4 (J come o ut ed ito rializing against A mendment #33 . Thi s is abo ut gambling. thi s i, no t about tourism. which is why. practically. not o ne maj or c hamber. o r le gitimate co nventi o n in the Visitors Bureau. ha s support ed thi s. I think that says a little something about what thi s is reall y about. Thi s is about makin g mo ne y for a Londo n ba sed compan y. So with that. she said . I guess I will wrap up my comments. I don 't kn ow if it is appropriate 10 take questi o ns, o r no t. Thank yo u Mayo r. Ma yo r Brad shaw asked if there were an y question s. There were none . Ma yo r Bradshaw thanked Ms. Faraci. There was applause . (d ) Linda Counterman. 2975 South Pennsylvania Street. said once again I stand here be fore yo u in regards to the five free-run off-leash dog parks in the City of Englewood. Look what you ha ve created . Yo u have created a group of peo ple divided as to how five of our Englewood parks should be used . Some people are from the same co mmunity, Englewood. Some are from o ur neighboring co mmunity, Denver. So me people are so passionate regarding this issue that the very air reek s of ten sion . when they are all gathered together. I need to know how long you are going to let this go on . It is yo ur responsibilit y, as o ur elected public servants, to reasonabl y and re sponsibly correct what is wrong . Thi s si tu ati o n that you created , with a lack o f education, research and funding . has re sulted in u di srupti on of th e safe ty and pea ce for all peo ple using o ur 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 fie ld s, as we ll as di sregarding the s urro unding residences and their families that were usi ng the se parks for play and family gatherings. This was also a decision that was made without consideration of how it ma y affec t the peace o f the surro unding homes and their residences. Unsolicited contact from off-lea sh dog s is unwelcome . I am s ure that all of you have encountered unsolicited visits from people while tr ying 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, arc the same feelings of disruption that it causes while being solicited by d ogs in o ur park s. This issue is not foreign to you . I quote , .. but if you can definitely sec a decline in the number of pe o ple us ing the park and there arc lots of dogs there. I think we need to take a look at it w that it is fair 10 everyone. because right now. it seems a little lopsided. I check every week, a different da y each week , and there are problem s." Ann Nabholz-July 2 1. 2003, Englewood City Council minutes. I also quo te, "it so und s like a horri ble pro blem" -Mayor Bev Bradshaw. July 2 1. 2003 , Englewood City Council minutes. Not foreign to you, as well as. still not fixed by you . You arc a Council o f people, e lected by the people. to represent and serve the people. I encourage you . Mayor Be v Bradshaw and City Council Members. to li ste n to the council person that represents the district regarding this matter. It has been said that compromise ne eds to be made, and what has been offered to you. many times. as a compro mise . is 10 fence thi s dog run . You were given an offer from a private pany . to do nate the fencing fo r such an area. Why then have yo u not acce pted this offer'? Comp ro mi se needs to be made, yes. Yet you have failed . a, members of the Co un ci l, to come up wit h a compromise better than . or other than. fencing . You are aware o f the problems. conce rn s and co mplaints, especially co min g from the Bates Logan Park users. and ha ve i:o ntinued 10 ignore issues raised and continue to pa ss matters off to the Parks and Re creati on Com mission , \\h1 c h then in turn. give s matters back to th e Ci ty Cou nc il. A ci rcle cont inua ll y passing their responsibiln y u ffto other,. and nut one party willing to solve the prob lem . Mayor Be v Bradsha w and member of the Coun cil. you have said that a Cit y Co uncil ordi nance has been put into effect malong our foe off-leash d g par~s permanent . Ci ty Municipal Code Ordinance 7-IA-2 (A) and (B). Dogs Runnin g t-Large : A. Dog, JI -large . ,t shall be unla" ful for any owner or person havi ng arc or custod y. in control of any dog. to allu" ,u~h a do g to run at-large in the ity . For the purpose of thi s secti o n. a dog shall be deemed to be running J I-I Jrge "hen o ff or away fro m the premi,,es of the owner. possessor or keeper. thereof and not o n leash held by a perso n able to control the dog . Part B. Paragraph A ,hall not apply 10 pil o t program authorized by Co un c il rc,o lu11un . If 1h1> "called a pilot program in the Ci ty Muni cipal Code and ,s readdressed o nce ., )Car. .. ,tJted in the Cit y 0 unc1l minute, and I quote. "So II became permanent wu h the agreement th,ll "e ,ho uld re, 1>11 the ,,,ue o n ca year" -Jerrell Bia l . dated Jul~ 21. ~003 . Ho\\ can we call th,~ ,1 pe rm.1 nent C uy o rdinance ' I have as ked ,c,eral times for the minutes that "'II pro\'1de the ne" :-Olum,1p,1 l C >de o rdin ance 1h.11 make , th1> permanent . and I ha,c g tten no re ponsc I ha,c f und no ,uch ordin n,, p.1,,ed in the C 1t} Cu uncil minute s . Thi s \\Ill bring me 10 m} do mg . I am asking )OU, ~Iayor Brad;hJ\\, tu re,pe,ttull) rc mo ,e )O urself trom JO) and Jil dee, ion and d1scu,"on rcgant•ng the otT•le.ll.h d ,g pr,,g r.1m,. \I ) re a,on; 1and 11s to ll o \\.: as discu s ,o n fro m ep1'ember 15 . '.:00 . in the Cll) "un"I ' ... .. • • Englewood City Council Oc tober 6. 2003 Page5 meetin g. yo u stated th a t dog owner,. home owners a nd park users wi ll have to learn to ge t a lo ng. be cau se the off-le us h dog parks are here to sta y. You also staled . Mayor Bradshaw. that yo u use the off-le as h dog parks . yo u are a respo nsibl e dog owner and yo u lea sh yo ur dog or dogs whP.n c hild re n are pre se nt and in pla y. Thi s represents a confli ct o f interest and bias. What say yo u. Mayo r Bradshaw'/ Thank you. Mayor Bradshaw thanked Ms. Coumerman. There was applause. (e) Scolt Smo larczyk . 3 195 South Acoma S1ree1. said my concern is the Broadway Plan 2003. as pas se d by !he Planning and Zoning Commission on September 23. 2003. I object 10 the Plan's recommended policy to ready the environment for investment. as quoted on page I. The Plan ca lls o n 1he Ci ty of Englewood to assemble and position private property for investment by another private property as discussed on page 47 . I o ppose a potential development of a node at Dartmouth Avenue and Broadway as proposed o n page 11 and I oppose the planned strategies for acquiring properties adjacent to thi s node . According to pa ge 43 . develo pment of thi s node will require extending the B2-Zoning to the full bl ock. which is currently occupied by my neighborhood. Once my neighborhood is rezoned , the plan states o n page 32 !hat properties not in conformance with current zoning. should be changed from use by right to non -c onforming. I disagree with thi s strategy to use rezoning to take away a person ·s property rights . I also disagree with the strategy mentioned o n page 27. to use Urban Renewal Districts and the powers that accompany thi s designation. including condemn-ition, to acquire areas of fragmented ownerships such as my neighborhood. I strongly disagree wit h .my property acquisitions strategy that uses government to take private pro perty fr o m o ne owner a nd give it to another private o wner. who the government thinks will put it 10 a better use. On page 32, the Plan acknowledges that some methods used to bring underutili zed properties up to a belier and higher use, are controversial. However. on page 27, the Plan suggests 1hat citi es that use th ese controversial methods, and take on a mo re proactive role in the assemblage of properties for redevelopment. are at a distinct competitive advantage for investment. I would now like to prcsem a video of the television program '"60 Minutes" entitled ·'Eminent Domain" as televised o n CBS September 28 . '.!003 . It is produced by Robert G . Anderson and narrated by Mike Wallace. The video gives examples of ho w many local governments are abusing their powers 10 acquire private properties for redevelopment. I ~incc rely hope that our City chooses not to use s uch methods. There was applause. The vi d eo was shown. Mayo r Bradshaw to ld Mr. Smolarczy k that his IO minutes was up even though the video was no t complete. She thanked him . Again there was applause. Mayor Bcad shaw said tha nk s fo r bringing that to our attention. Those of you who were not at o ur Stud y Se,s1on. need to know that th e C it y is going to hold public meetings with all the nei ghborhoods. They met w11h busi ne sses first. .. l apologize. We will be meeting with the re si dents in the three different corridors, before we do an)1hing . There were comments from the audience . 7. nscheduled Visitors (a l Eugene Norman said each o f yo u must realize yo u are harming yourselves as much as )O U Jre harming yo ur fellow humans . M y attempt is to go beyond that ignorance. Beyond the bureaucrauc mep111ude that 1s destroying this co untry . To ignore me . not to act o n what I present. is no more than an ac1 1i l 1g norance . You arc .111 cuhcr unaware o r uninformed . In ei ther case. 11 can onl y be defined as a di.grJceful ,tatc ..if being. Time 1s not o n my si de. but wuh cooperation I can prove myself far be)ond each ,,t )OU. in rel au,e licld,, o f .1warcness. in dealing wu h our foolis hness as a nation. Past papers dealing wuh ,,1no u, d1recu o ns o t thought. ha,e proven me to be correct close to 99 percent of the time . I ha,c the pa,1 p,1~r,. ,op1e o f \\h1ch "ere prc,cnted 10 the Englewood City Council and the Engle"ood City police . to no J\J1I. I co ntend 1ha11he enco unter I had "ere not accidental. Wuh your help . I can take yo u beyond ,,ur ,.1d ,rate u t being I performed an e . penmen! dealing "uh potcnual extratcrrc tnal contact. The ~,r,:nmem" u,.:.:»tul o n J rclatl\e lc,el. I am no" .1ucmp11ng contact wuh m) fellow humans. u.:,.:, ,,r IJ1lure "dependent o n c.1,·h of }OU. Think then for )OUr own oul. ,1 t. I was domg SOS ,1 ·n~I, \\1th .1 tlJ hhiht \\hen contact ,,a mttdc . I'm for )Ou . I'm nor agam,t )OU. One 1s a tatc of mind . fhe p.1,t p.l~r prc,emed b) me . to It) Council. ha,e .. 11 th1> pomt m ume. proven 10 be extreme!) t • • • Englewood City Council October 6, 2003 Puge 6 acc urate . Yo u wo uld d o well to take heed . The acc uracy o f what I presented cannot be denied. I assum e it is o n record still. If so. I sugge st yo u re view th ose papers . And maybe, get in to uc h with me again. Mayor Bradshaw thanked Mr. Norman. There was applause . (bl Kathy DiMarco said thank you for o ffering me thi s o pportunity to talk to you today about safety in the City of Englewood . specifically about the off-leash dogs at Bates Logan Park. I live half a block away from Bates Logan Park. First of all . I~! me tell you that 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 pet. He is loved, he is cared for and he is well trained. I am also not against dog parks. I happen to think they are a very good idea. I just don't think Bates Logan is a dog park . However, allowing off-leash dogs to run wild through Bates Logan Park does 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 o f the elections for the last nine years that I have lived here, I expect that while you are in office, yo u will provide for the safety and welfare of the citizens of Englewood . I am here to tell you , you have neglected and igno red this basic element of City government. Now that the park has been turned into a doggy to ilet , I am not surprised that it stinks. The girls· soccer game two weeks ago had to stop so the do g 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 acknowledge the danger that exists, does not alleviate the danger yo u have created . According to the American Kennel Club. a very dog friendly association, all d o gs c an bite. regardless of size or breed . The Center for Disease Control reminds us that 4 .7 million Americans arc binen by dogs each year. As many as 60 percent of those are children. 800,000 people require medical anention every year for dog bites. These are not wild dogs, these are family dogs, exactly what you have with these responsible dog owners at Bates Logan Park. The Center for Disease Control. the American Kennel Club, the Humane Society, the American Veterinary Medicine Association, 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 ins tances of dogs biting people. I do not want any child to have to go through the pain and trauma of ha ving to deal with the life long physical and emotional scars of a preventable dog bite. and I am sure yo u d o n ·1 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 hurt you by acc ident. just by being too excited. Quick movements and sudden or loud noises are scary for d ogs, and they may bite to protect themselves. Let us use our common sense. As much as dog owners ma y enjoy the o ff-leas h privileges at Bates Logan Park. it is not safe for our children. Children at Bates Logan Park s ho uld be all o wed to run around. and jump and play . These are the very actions that can cause d o gs 10 b 11c . R ecentl y. during my son's soccer game. an o ff-leas h dog happily ran o nto the field. chasing the players a nd th e ba ll. It was no t funny. it was dangero us . This past summe r a s I was ho lding my 6 year-o ld ,on ·s h a nd and I a l ki ng 10 th e drinking fo unta in . a do g ran over and jumped up o n him . And the o wn e rs Matement was .. o h. he wo uld ne ve r hurt him·· was o f little consolauo n. as I had to g rab my c hild up a nd o ut o f the d og's way. Most c hildre n. when they arc b itten by d ogs. are bitten in the face. 10 the nec k and in the upper e xtrem11 1e s . So what can you do'' Yo u can be s mart. yo u can be safe . you can be responsi ble fo r the ,Jte ty and welfare ,,f the c hildre n and fa mil ie s o f the C it y o f Eng le wood. The Amen an Kennel C lub recommend, a dog sho uld be kept o n a leas h when 11 1s o ut in a public place. Bates Logan P ark is a public pl .ice . Dogs a t 8Jtcs Logan Park s ho uld be o n a leash. C reate a dog park a way from soccer fields . pl a~g ro und s. b as ketbJll courts and p ic ni c pa vil ions . Provi de a fenced area fo r the safety o f the d ogs a nd the ,a te1y o f the rn1ze ns. It s ho uld have adequate wa tc co nt rol. odor control and "ater fa c 1htie .i p pro pnatc fo r .1 d og park . I um s ure all the dog o l\·ncrs. who wa nt the do g park. will be mo re than happy 10 ra "c the fund;. ~ln,t o f all . d o your ;ob. Ac LOO \\ ledge th e need to keep o ur community safe. Protect .-ur c hil dre n. Prote I the ·111zen "ho ela:ted ~o u . Do 00 1 lct o ur pa rks go 10 the dog . Thank you fo r ~our u mc: \IJ~<,r B rad,hJ\\ 1h.1 n~ed M,. D1l\l .1rc.:,. There " J pplJu.e t ... .. • • Englewood City Council October 6, 2003 Page 7 (c) Beverly Cummins, 3048 South Acoma, said I have been here before and I am back again . but thi s 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 soo n as poss ible . I am not for it. I think we need to take care of Broadway and the stores that are open no w. We have a lot of empty spaces as it is , and a lot of buildings that arc 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 ho mes . I wonder ... would you like them taken away. just to better either Englewood or Littleton or Broadway? You arc not thinking of the little person, you are thinking of money. It doesn't ha ve 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 wou!d appreciate you Jetting 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 , do n'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 yo u didn't have any money . Where are you going to get it? If you don't have the money to buy these ho mes. how are you going to have the money to build new buildings? Where is that going to come from ? 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. What 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 o r 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 bu siness section . I have one thing for you to think about. Let's go to Park Meadows and you get a nice CD pl aye r for $80.00 and it has all the little things and gadgets, 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 pa y mo re to build those buildings. They have to pay more taxes for them . Let the person who is living there. in th ose homes , pay the taxes like they do. If I'm not paying my taxes, take my house . But my taxe s ha ve been paid.just like everybody else on our block . We paid our taxes . Why should we suffer because yo u wa nt to put up a brand new Park Meadows o ut here on Broadway ? It is not going to work . I saw them bui ld Park Meadows. They th o ught it was going to bring in all this mo ne y and it is not. It is not. If you loo k at it realit y wise. it is not bringi ng in the mo ney they tho ught it was goi ng to bring in when they did it. It is goi ng to be the same way here o n Broadway . The same way here in Englewood. t am totally against yo u doing th is . If yo u want to buy my house, I'll se ll it to you . My wife and I ha ve di scussed thi s. You can buy my ho use for o ne milli o n dollars . The reason I came up with that price. was because that will pa y o ff my loa n and my mortgage. and it will help me buy a new ho use that I can bu ild j ust like the one I own nu w. There was applause . Ma yo r Brad shaw thanked Mr . Gordon. (e ) Darlene Wo rsham . 3 160 So uth Lincoln . sai d I believe that tam impacted by th is . Wh at I "Jnted to bnng to yo ur attenti o n was somcthlD g that no one else has ta lked about . nd that 1s the h1st on c J!>pec t o f Engle"ood. which is to tall y ig nored and neglected . If yo u go down to the Library. downstairs . the re 1s J book down there that talks about Engle\\ood architecture . It describes the linlc Engle \\ood l:,u ngalU\,,. J USt like I live ID. which arc about 500 or 600 square fee t. These were bunialo\\S that were built beca u,c people couldn 't afford 10 live ID Den,er. These were built 1n about 1910-19:?0. l mJust thmkmg. o ka~. ~o u go ahead and tear 11 JII do"n and put up something new and high nse . I don ·1 know "here I Jm going 10 go. I ,an go o ut to CJh forn ,a ,~1th my daughter I .:an go to Tc,as. or >Omc\\ here hke • • 0 Englewood City Council October 6, 2003 Page8 that. I guess . But, my fo lk s o rig inall y moved here in 19-H and when I moved back down here in 199~. it was like coming ho me 10 me , but Englewood isn 't the sa me anymore. 1 hate to see that destroyed . The man fr o m the Planning Comminee earlier sai d, we are hoping pe o ple won 't go to Littleto n to sho p . Well yo u know what. Littleton ha s a hi storic farm. they have a mu se um, they ha ve a World War 11 mem o rial , th ey have all o f these historic things. plus trees, shady streets, yo u can sho p downtown, and you·ve got shade . You g uys ha ve torn o ut all the trees along Bro adway 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 1 d o n't think you need to take o ur ho mes to do it. Thank you very muc h fo r lettin g me speak . Mayor Bradshaw thanked Ms. Worsham . There was applause. {f) Neal Maisc h. 2939 So uth Lincoln. said I have lived there 12 years. I rent there. 1 believe that I a m impacted by thi s. He said he is going to try not to touch the ho uses but he doesn 't know . or somet hing lik e that . I'm not sure, as I could hardl y hear him. But , you know. we have all these vacant store s on Broadway. and no body 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 rented . We have new busine sses coming in . It's not like we do n'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 sho p ... Wal greens just o pened 24n and we have more than enough businesses. Now. all we've go t to do is improve the looks of Broadway. maybe , a little bit, and then that 's it . In stead of going and throwi ng away a billion or two billion dollars o n thi s. let 's just stop and think about it . In stead o f tearing o ut the se ho uses and everythin g e lse, and putting me in the poor house ... I'll be living in my car. .. the!! let 's just stop and think . In stead of getting rid o f all these house s for three and a half miles .. .is what they arc planning o n. and putting in all thi s stuff. I don't know exactly what their Plan is , but I know they arc tearing out a lot of houses that the City is going to have to pa y for , until somebody sells them or buys the propcny. then we need to do something else. That is all, thank you. Mayor Bradshaw thanked Mr. Maisc h. There was applause. ( g) Laura Strickland. 3 195 South Acoma Street, said after readin g the Broadway 2003 Plan in detail. 1 have three maj o r concern s about its contents. First. it disappoints me that the re si dents li vi ng near th e Broadway Corrido r. who will potentially be impacted by the proposed redevelopment project. were not made aware that the Broadway Plan was being formulated . On page 4 , the Plan states that it is int ended to be re sponsive to the community's needs. However. input from the community was never sought . I am a lso saddened by the negative way in whi c h the local public is ponraycd in the Broad way Plan. On page I o f this repon. the local public is viewed as being a constrai nt . which could also be interpreted as a re striction or limitati o n. And , the neighborhood adjacent to the Corridor. which lie in the way o f redevelopment. are considered barriers to investment. Second ly. I am concerned about some of the wa1eg1e, the Plan proposes to use to acq uire pri va te propcnics and to position these properties for pri va te 111\ e,1ment . I feel that land acq ui siti o n practices used by loca l government. s uc h as rezoning to take away property right,, use of Urban Re ne wa l Districts. and condemnatio n. arc unethical, if properties arc being u,ed ror private gain . Lastly. 1 wo uld like to point o ut that the curre nt Plan lacks the support of some important data . The hi storic property's inventory and Broadway Corridor parlong inventory. mcnti llned o n page 2. ha, e nllt been completed. The e val uata o n of hi sto ric properties and parking a,•ailab,hry are impo rta nt demcnts of a ny redevelopment proJect and I feel that the Broadwa y Plan should no t mo,·c ahead "nhout this ,mporrnnt data . To conclude . 1 feel that these concern s need to be addressed before this Plan 1 Jdo p1 d by ity Council. Therefore. 1 u ppose acceptance o f this Plan in its current form. Than!,.. you to r ~o ur tame . ~IJ~or BrachhJ\\ 1h.1nl,..ed ~1 tnc~land . he commented. well said . There "as Jpplausc . 1h 1 John O..,hcm . ~-~-uth Penm,,hama St t. said 1 am urc the Council member in 1hi-rou m h.1,e hcarJ the n.1md B tc L.igan more than they care to coun t. My fam1I} ha, been foll.i"'"!! th en,, lc.ll>h 1,,uc in,e the llr 111m I Jro,e b> our park .u,d a\\ JI least ~O dogs Jnd their . .,.ncn, I ' . ... • • Englewood City Council October 6, 1003 Page9 D . 1ho ugh1 . al !he time. how nice it was that a group had decided 10 hold a special dog show at our park . Only afler see ing stream s of peo ple walk down my street with their dogs towards our park, did I realize what had happened 10 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 10 North Yale Avenue, typically with the leas hes 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 use d 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 !he 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 altend sc hool 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 c hildren, baseball backstops. a soccer field, a pavilion for parties, a playground with modem equipment, grass 10 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." Dirty 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 owners. The typical comments of the dog o wners 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 Pomcranians to poodles to German shepherds. If I have lcamcd one thing. it is that dogs arc 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 o f a child worth it to you folks to pacify a small and very vocal group of people? No amount of companion logic can c hange the fact that dogs h:ive very sharp teeth and claws, which they use to assert themselves. I ha ve no ticed thr young famlhes. that took their children to the park, have melted away. his no longer a safe place 10 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 10 be very vocal and very aggressive. I assure you that your constituents did no t elect you 10 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 a n app rai ser, I ha ve ne ver seen. as a se lling point of a community . that there are nearby parks with no leash IJws. The se llin g po int . of a neighborhood. is that there are nearby parks to enjoy with your family. being ·hi Idl e,, or with yo un g c hildren . I would imagine that 8 o ut of 10 of the dog owners clean up their dog', fe es . but yo u can clearly s mell the 2 out of 10 who don't. You can watch the City workers taking up and pulling down the temporary fencing 10 keep the soccer familic happy . Yet we hear how Englewood can't afford 10 build a fence for dogs to run . Please decide this issue tonight. Move the no leash dogs to a ,mailer Jrea and re turn the park to our families. Thank you. \la)Or Brad,ha\\ thanked Mr. Doherty. There was applause . (1! Art Emison. -5<>4 South Lee Street. Lmleton. aid I am here to night to u I.. Cny Council m Jppm m u ,pe,ial independent counc1 l 10 look at the Ct!) Code Enforcement 1 ,ucs and pohc,c . I am here tonigh t 10 re present 1h:111herc appear to be cortupuo n and inc mpctcnce in the c I uc . I ha,c had 1,,uc, "uh 1hc Ci ty I have been here be fo re ... fo r eight )Urs. I ha,e m.in~ lencrs. many d ·urnent s Jnd m) , sue, Jrc no t be in g address.:d und handled corrcctl ) b) 11 . t It I thin!.. I h:i,c dealt "''th c,cry ~ 1mm the 11) Manage r do" n 10 the dogcatcher. :,./obod) 1 addre mg the I uc Further. as a .ccond ' • • •· Englewood City Council October 6, 2003 Page lO issue . I am seekin g damages from City Council, relative 10 a building mo rato rium that ha s been put o n my property . Thi s is Series 2000. Ordinance No . :28 . You ha ve made my property unusable and unsellable . I would like resolutions o f 1he issues . Thank yo u. Ma yo r Bradshaw thanked Mr. Emiso n. (j) William Martin , 3821 S o uth Bann oc k. said this is C\lncerning the South Broadwa y devel o pment. Our Planning Commi ss io n has a damn poor track record , because we built so me sho pette de alers in front of King Soopers. that sa t there for ... what. .. three or four years , a block away from the se ni or c itizen s ass isted living apartments and the y had steps going up and steps going down. So. they re a ll y are not doing a very good job. what with Cinderella City. the y dried up all the businesses in Englewood o n So uth Broadway, and now you want to redo them. I just don 't understand your thinking th ere ... to take a bunch of peo ple '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 ii is a poor idea . Thank yo u. Mayor Bradshaw thanked Mr. Martin . There was applause . (k) Karen Braem, 3821 South Cherokee Street, said I seem to be a little off the topi c here as rm add ressi ng the Skerritt House issue . A few years ago the City purchased the Skerritt House for approximate l y $130.000.00. Alier the house suffered some water damage. it was di scovered that renovati o n would cost mo re than was expected. After suggesting razing the house. and fadng citizen o ppos ition. th e C ity offered the house for sale for approximately $60,000.00. This amount is the difference between the sale price and the in surance funds received for the water damage. On Thanksgivi ng 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 indi vidual s with a lot of construction connections. We took our idea to Mike Flaherty on December 9•h . At that time . we were told that there was an agreement that had been entered into with Colorado Pre servation. If we wanted to propose this idea, we would have to do so to Mr. Rodman. After numerous phone con ve r sati o ns. we finally met with Mr. Rodman on January 28 , 2003. At that time, we had a length y meeting with him that lasted over four a.nd a half hours. At that time. we were told that we would have to co me up wit h the funds and we would have to close on the house by April I". The additional deadlines from 1he C it y were that the structure and the roof would have 10 be completed by September I. 2003 and 101a l rehabilitati on would have to be completed by December 3 1, 2005. At that time , he was suggesting that we wo uld ha ve 10 get Board approval from our non-profit group that we were trying to deal with. th at we wo uld ha ve to review the contracts and pay the deposit, all within a short period of time . The deadline he imposed o n us was February 2 1. 2003 ... approximately three weeks to get a non-profit organization to ge t it 's m~mbcrs together. pitch thi s idea. pitch the deadlines, all the things we would ha ve to do ... gct approva l. ge 1 a contra ct signed and ge t all the funds in three weeks . I do not believe that Mark Rodman was dealing with o ur gro up in a good faith manner. and he had no real intent to se ll to a nyone except to Colorado Prese rvation . He posed unreali sti c deadlines and wo uld no t allow us mo re time to come up with the fund, or to propose o ur project. Colorado Pre se rva ti o n has now fa il ed to complete the lirst phase of rehabtl11a11o n . is therefore ,n default under the terms of the specia l warranty deed . Englewood ha;, the nght IO exercise 11s repurchase o pti o n. I believe. that at this time, Englcw<>Od is not likel y to exercise that repurchase o puon beca use of budget iss ues. However. the C it y sho uld not si mpl y allow Colorado Pre,ervauon an unlimited amount of time to do whate,er it wants to do. The Colorado Preservation shou ld be required 10 prO\ 1de 1hc Cuy and 11s c11lze ns with details regarding its plans . s uch as, what 1s the sale pm·e go ing m be. who arc they goi ng to ell i1 m. when w,11 the proJec t be completed and who is goi ng to reta in 1he profits o nce that proJeC t b completed . To e nsure that they move forward and that they ge t 1h1 s proJ e.:1 ·omple1ed. pc:nalue, should be imposed fo r fa1hnl,! to meet a ny deadlines that they propose. and 1hen ,ub equcntl y I 1110 meet. Thank yo u . \I J~nr Brad,ha\\ thanked ~I;,. Braem . There \\US applause. 1 IJ Gar, A1he,. I 00 South Ban nock trcet . ,aid 1h1s recent ,torm 100k out all of our tree, in 1«,nt .ind "e .:ut 1hem· do " n ~nd hauled them away. Thi> \\Cckend \\C "ere putting nc\\ trees back up and .11,,ng .:,ime 1he fol~ 1clhng w, .ibout 1h1> rcdc,elopmcnt plan . t \\h1ch we ha,c not been J p.u1. r had ' .... .. • • Englewood City Council October 6 , 2003 Page 11 any knowledge . I grew up in 1hi s town, as Bev knows. Back in the good o ld days. we used to put E's in our wi nd ows. we were all proud of this pla ce. We had a linle community here and we recognized everyone . Now what ha ve we got'? We are all mo ney-grubbing people that want to build someth ing bigger. bigger and bigger. Well. I've had several businesses and big is n't necessarily wonderful. you guys. Morality ... if we have no moralit y in this 1own. 1hen what do we have '! If you want to live in Highland s Ra nch, you guy s can move o ut there and take it over. But thi s is not Highlands Ranch and we do n't want it 10 be . Am I wrong'? (A pplause and comments came from audience) He said. okay, I told the peo ple here . a 101 of the peo ple here , 1ha1 1here are only two things you care about ... publicity and getting re-elected. And we can c hange 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, we will be meeting with each neighborhood group. You can ask que stions , you c an get much more informatio n from the s maller meetings, than from a large meeting like this . Staff will be addressing your concerns. I want to thank those of you who did speak. We do listen to what yo u say. Thank you . 8. Com,nunicatlons, Proclamations and Appointments {a) A proclamation declaring Octo ber 2003 as Crime Prevention Month was considered. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING OCTOBER 2003 AS CRIME PREVENTION MONTH. Mayor Bradshaw asked if there was any discussion . There was none . Vote results: Ayes : Nays : Motion carried. Council Members Nabholz, Moore. Garrett, Wolosyn, Yurchick, Grazulis , Bradshaw None (b) A proc lamation declaring October 9, 2003 as Lights on After Schoo l Day was considered. Mayor Bradshaw said we just received this la st week. so I said to go ahead and put it on the Agenda . COUNC IL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING OCTOBER 9, 2003 AS LIGHTS ON AFTER SCHOOL DAY. Mo11o n ca rried . Ayes: Council Members Nabholz , Moore, Garrett. Wolosyn, Yurchick, Grazulis , Bradshaw Nays : None (c l A proclama1ion declaring Oc1ober 5 1hrough Oc tober 11. 2003 as Fire Preventi on Week wa, considered . COt.:NCIL i\lEI\IBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATIO N DECLARING OCTOBER 5 THROUGH OCTOBER 11 , 2003 AS FIRE PREVE!liTION WEEK. Ayes : ~l o uu n carried . Council Members Nabholz. Moore . Garren. Wolosyn. Yurchick. Grazuli,. Bradshaw o ne t .. .. • • Englewood City Council October 6, 2003 Page 12 (d) A proc lamati o n decl arin g Octo ber 23 th ro ugh 3 1, 2003 as Red Rib bon Wee k was co nside red . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMA T ION DEC LA RING OCTOBER 23 THROUGH 31, 2003 AS RED RIBBON WEEK. Ayes: Counc il Members Nabh o lz. Moore , Garrett . Wo lo syn. Yurc hick. Grazuli s, Bradshaw Na ys : No ne Moti o n carried . 9 . Public Hearing No public hearin g wa s sc hedul ed before Council. I 0. Consent Agenda COUNCIL MEMBER GARRETT REMOVED ITEM 10 (a) (Ill) FROM THE CONSENT AGENDA. COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), (ii) and (Iv), 10 (b) (I), (II), (Ill) and (Iv) AND 10 (c) (I). (a) A pp rova l of Ord ina nces o n First Read ing (i) COUNCIL BlLL NO . 67, INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AUTHORIZING THE EXTENSION OF A LEASE AGREEMENT BETWEEN AB C. INC., THE CITY OF ENGLEWOOD AND THE CITY OF LITTLETON. (ii ) COUNCIL BILL NO . 68 , INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE APPROVING AN ENCROACHMENT PERMIT AND lNDEMNlTY AG RE EME NT P ERTAINING TO THE CONSTRUCTION OF A PORCH LOCATED AT 29 3 1 SOUT H WAS HINGTON E NCRO AC HING 25 FEET INTO THE REQUIRED FRONT SETBACK AND AP PROXlM ATEL Y 1.2 FEET INTO THE PUBLIC RIGHT-OF-WAY . (iv ) COUNCIL BILL NO . 70 , lNTRODUC ED BY COUNCIL MEMBER GAR RETT A BILL FOR AN ORDINANCE FO R AP PR OVAL OF A CONSTRUCTION EASEMENT AND LI CE NSE AGREEME NT FO R THE FIRST C HURCH OF CHRIST, SCIENTIST AT 3701 S. LOGAN ST REET . E NGLEWOOD . COLOR ADO . (b) App rov al o f Ordinances o n Second Readi ng t a) ORDI NANCE NO . 65 . SE RI ES OF :!003 (COUNCIL BILL NO . -14 . INTROD UCE D BY CO NCIL MEMB ER GARRETT) AN O RDI N AN C E AMENDING TITLE 11. C HAPTER 7, ENG LEWOOD MUN IC lPAL CODE :!000 . BY . .\.DOI NG NE W SECT IONS 25 THROUGH 3 1, INCLUSIVE . PE RTA LNING TO NE WSPAPER CO RRALS. AN D AME ND ING TITLE 11. C HAPTER 3. SECTION 3, PERT AJNTNG TO OBST RUC TI O NS . 111 1 ORDI N AN C E NO . 66 . SE RIES OF :!003 (C OUNC IL BILL NO 5 1. INT ROD l.:CED BY O C IL ME MB ER Y URC HI C K) t .... .. ••• 1 • • Englewood Cily Council October 6, 2003 Page 13 AN ORDINANCE AMENDING TITLE 15, CHAPTER 3. SECTIONS J, 4. AND 6 . ENGLEWOOD M UNI C IPAL CODE 1000 , ON ABATEMENT OF NUISANCES. TO CHANGE THE TlME LIMITS FOR AB AT EM ENT OF N UISANCES. (iii ) ORDINANCE NO . 67. SERIES OF '.!003 (COUNCIL BILL NO. 65 , INTROD UC ED 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, INTRODUC ED BY C OUNCIL MEMBER GARRETT) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR COOPERATION BETWEEN THE CITY OF CHERRY HILLS VILLAGE AND THE CITY OF ENGLEWOOD FOR C OMPLETION OF THE U.S. 285 SIDEWALK PROJECT. {cl Resolutions and Motions (i) PROFESSIONAL SERVICES CONTRACT WITH C -WEST CODE ONS LTANTS FOR PLAN REVIEW SERVICES FOR THE PHASE 2 PLANT EXPANSION PROJECT. Mayor Bradshaw asked if there was any discussion. There was none. Vote results: A yes: Nays: Mo tion carried . Co uncil Members Nabholz, Moore, Garrett, Wolosyn, Yurchick, Grazulis, Bradshaw None • •••• 10 (a ) (iii ) A recommendatio n from the Dcpartriient of Public Works to adopt a bo ll for J n o rd in anc e a mending the Englewood Municipal Code 10 give staff more tlexibility in granting en.:ro.11:hmcnt, int o th e public n ght -ol~wa y wa s cons idered. C,,un.:11 ~.!ember Garrett saod we have a seri o us iss ue, I th ink , in the sense that peo ple like to build retainin g JII, or tructurc,. in e,~ence. to ke e p their land fro m falling down o ver the s idewalks. In order to do that , under the current o rd in a nc e .,'( ot is nor mo re than twel ve in c hes behind the sidewalk. they ha ve 10 bas icall y enter ,mo Jn encro.ichme nt ag reement with lhe Ci1 y. because tha1 is encroaching on the City's right-of-wa y. fhJt pn ·e ma). not a ll cases. but in most case s . take a bit too long . They have to come before City C ,un.;,I .1nd II take a coupl e readin gs 10 e ve r get 1hat ~c compli shed . If you arc trying to do that in the ,ummer ,e~on. )OU may mo ss yo ur wind o w of o pponunity . So, we had talked abou1 it in S1ud y c ,1,,n Jl>.•u t Jllo1\l ng. baMca ll y. the Public Works Depar1mcnt. in cenain circ um,1ances where they , ,·n the ,ode "Jlk lo ne . 10 have ,ome di sc ret ion fo r most of the cases where the y can go ahead and t ,n e 1,, t>uold . Jnd no1 ha,e 10 have an encroac hme m a greement. tha1 requires City C o un ci l approval. II J J nc b, the Public \ or ks De partment or through the C i1 y Manager's o ffice . The wa y tho; o ne ,s rr ti) ,roncn. 11 b.i s u:all) 3)S th ey have 1ha1 di screti o n as lo ng us they arc meetong the c urrent code . \ i.h .:i..tujll i "n, 1 \\hat I wa, in1 c nd ong, os 10 do 1t o n th o,e occas oons where people arc buildin g ,run .all ro~hl up 10 the 1de11.1l k li ne . So that 1s th e re aso n I pulled ii. What l wo uld reco mmend os c d1 m1n.11t th<' ,rnena num ber I fro m 1h1 s pano c ular boll , wh ic h will all o w Mr. Ros s and Publi c Ill hJ\c th J1,.re11on Ill e nt er into a n encroa,·hme m agree ment . I am i n the same suua1 io n. he ,a,d. ' • • Englewood City Council October 6, 2003 Page 14 l ha ve 1hin gs !hat basi<.·all y kee p !he dirt fro m goin g o n 1he sidewalk . They are small and should no! re4u1rc 1wo readings and a trip 10 C i1 y Co uncil and 60 days. Now, some o f !he cases we have seen before. where !here are sile line pro blems at co mers. that may require tha! 1hey come 10 City Council. I wo uld hke h > lea ve ii up to the di scretio n of s1aff. tha1 is !he reason I pulled !he co uncil bill. Ma yo r Brad shaw asked if !here wa s any 01her discussio n. There was none . Mayo r Bradshaw said ii sounds reasonable. COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM JO (a) (Iii) -COUNCIL BILL NO. 69, BUT ELIMINATE NUMBER I FROM THE CRITERIA IN THE BILL. COUNCIL BILL NO . 69 . INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AMENDING TITLE 11. CHAPTER 3. SECTION 4 . OF THE EN r _EWOOD MUNICIPAL C ODE 2000, PERTAINING TO ENCROACHMENTS INTO THE P UBLIC RIGHT-OF-WAY . Mayor Brad shaw asked if !here was any o!her discussion . There was none . Vote results: Ayes: Council Members Nabholz. Moore, Garren . Wolusyn. Yurchick. Grazulis, Bradshaw Nays : None Morion carried . l l . Regular Agenda (a ) Approval of Ordinances on First Reading (i ) Director Gryglewicz presented a recommendation from !he Dcpanmcn! o l Finance and Admini s1ra1ive Services to adopt a bill for an ordinance approving the ;!()(),l Budget for the C it y o f Englewood . He said I just want to give you a quick overview of the General Fund and me compariso n to the 2003 Budget. As most people know, the City's revenues arc down .omcwtuu . Th,. bud ge1 is abo ut $1.7 milli o n le ss , o n the revenue side. and the total uses of fund s or expenditure• fu the General Fund are $2 million . almost $2 .1 million. less than they were in 200 3. So: the Cuy has m.ide 111<: sign ili cant cuts in 1hi s bud get. hopefully without a great deal of loss o f service f1 )r the c u,zen.. The FunJ Ba lanc e. as stated o n the Co un c il Communicatio n. for the unreserved/undes1gnated . shou ld be corrected to show $3 .3 12,866.00, whic h is 9 .8 perc ent total sources o f fund s. Director Grygle,.1c z said th a t I o n 1he Council Commun ica tio n und e r Fi nanc ial Impa c t. I corrected that and that wa; d1 .cu.:.cd m Study ·c >ll•n Tha t was tha t $250,000.00 transfe r fr o m 1hc Englewood En viro nmental Foundauo n T h.i t will nor happen a1 th is 11me , but ma y occur later in th e year. So I wanted 10 make tha t correc tion. . I 1d . tor.ii wur,c ol funds for the Ge nera l Fund fo r '.!004 is $3 4 .205, 14 .00. wuh total use at 34 .6 0.1~7 00 Ma yo r Brad shaw sai d l wa; goin g 10 ask th1 a1 S tud~ cs,1o n. 1ra n,fernng the mo ne y? "1 11 JU>t 11>l II no" W h\ 1 n 't l:LF D1rec1or G}yg b , 1cz sa id whe n 1hc o ri g ina l tra n fer" sc heduled. E as ,n,,>h ed 1n a lairh lcn lh\ s nd compl k a1 ed lega l buul c oser en \ 1ro nment al I ue We thou1 h1 he n th.:it ,a cttltd, th(,-.: tund, ,n 1he seuleme nt \\Ould be ret urn ed 10 EEF and then tran !erred to the General Fund . \\h1,h J null~ u pnrt 1he Env iro nm e ntal Fo un da11o n. an 'C 1he le¥JI r« \\CIC h11her than e ,pe,.·1td. the ttlcmcm prem m h a1e 1h os e fee, up J nd 1he Ira n tc r .:ouldn 't be de .. .. • ' • Englewood City Council October 6, 2003 Page 15 Ma yo r Bradshaw said that wa s the settlement with Bradley. Directo r Gryglewicz said yes. but there may be a transfer later thi s year. if certain other collections are made by the Fo undati on. If that is true. it will pro ba bl y be le ss than $250,000.00. but there could still be a tran sfer . Coun c il Me mber Garrett said I still need some clarification from our Budget Retreat that we had a little ' over a week ago. Currentl y. in the budget we are working on this evening, we have a certain real estate matter that may be approximately three hundred and some thousand dollars . But, that hasn 't been dcducted fr o m thi s particular budget as yet. Director Gryglewicz said that is not shown. If that is done , it will reduce the unrcserved/undesignated fund balance about I percent. So it would be about 8.8 percent. Mr. Garrell ,aid 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 . fo r that $350.000.00, we then put back into the budget, if you will, $550,000.00 .. We maintained a IO percenl re serve, 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. l 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 1hat 1he City pays . There was also some miscellaneous revenue reductions, particularly if you look at !he property tax for 2003 . That was reduced slightly from !he estimate. So, some of those were reduced slightly . Council Member Garren said from last Saturday until now? Director Gryglewicz said yes. lo get to the 9 . percent that we are projecting right now . The bulk of the reduction was the $250,000.00 that isn 't go,ng to be transferred from the l;'oundalion . Mr. Garrell said that I understand, it is just that I left the rc1rca1 lhinking tha1...we weren·t told, or at least I didn't hear, that there could be some adjustments, because ,-c were making certain assumptions to maintain a IO percent Fund Balance, as well as trying to restore so me services. Some of the economic basis, ·that I based my decision on, have changed. That makes 1hi, a more difficult decision , because we went through a fairly significanl budget retreat to try to nail down ,.,ha, ,-c were doing. Mayo r Bradsha,~ said we though! we were playing with real numbers on Saturday. Direc1o r Gryglewicz said I will take the blame for !his. If the $250,000.00 were added back tn, we ,-oulJ be al 10 percent. We went in, we reconciled the pro forrnas that were given to Council and then we reconci led the account s to all of the budgeted funds ... the City has numerous funds . We fo und the $'.!50,000.00 and when I wen! back 10 the Direclor o f EEF and asked if that transfer could be Ill.Ilk. I h'UIIJ out that it couldn 't. That is what happened to the additional .2 percent that would ha ,e brou11h1 11 to 10 pe rcent. So at th e time o f I.he budget retreat, I wasn·t actually aware that that transfer couldn't be m.aJ.e And th at was incl uded in 1he proforma s and when I reconciled , to put the actua l bud get to,iethcf. th.u" whe n ii po p pe d o ut . Co un c il Me mber Moore sa id I still need clarification. I think o ur numbers arc a bout $.&00. k• « now. $'.!50 .000 .00 of it being the iss ue yo u identified, but I'm still missing $168.000. tJ, 1 e talki ng abo ut whe n we met la st Saturday . Did these other things account for tha t ! I hc;ard }OIi menr 1vn so me small stuff. Ma yo r Bradshaw said it is o n page I of that memo. Co uncil Mcml>er 10<,re id I :un ;,o rry. rm not see in g whi ch numbers get me to that. I c ouldn 't tell fro m thi s. \\hat c .1lrr2J _ Lne ,w on Sat urday vers us now. What I am saying. is that it is more than JUSI the 2 0 .000 00, uc 8«.all.'>C', ~ yo u poi nt ed o ut. if we rnuld add bac k the S2 50.000.00. we would be al 10 pcrcent . l>III Iha& ,lid, 11 ·1 account for the pe ndi ng Ser v1cente r transfer . Director Gryglcwicz !>.!1d no II doc~n·1, 1h.M 11\IC Co un c il Me mbe r Moore sai d . j ust to be clear. o ur 10 percent o n tha1 atur<b~ 1n.;lllilfd pendmg tra nsfer . Director G ryg le wic z said ri ght. Whal I can do , re, 1 II the re;;, n.: h that. ' • • Englewood City Council October 6, 2003 Page 16 Mayor Bradshaw said that would help. I guess. I 1hough1 we were working with real numbers and I am really disappointed 1ha1 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 10 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 this 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 sec here, that drops about I percent, there is no way we can add $250,000.00 back and get it to IO percent. So it is not a $250,000.00 misunderstanding, it is more than that. That is the pan, I think. that causes me concern. Do we need to try to get back to 10 percent. or are we going to be comfonable with around 8.8 percent? Council Member Yurchick 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 IO 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, 1 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 squeeze it'? I don't think I can approve something that is less than 10 percent. City Manager Sears said, again, I'm sorry we didn't catch that. I think a lot of it is that we arc 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 so me of o ur consulting ;md professional services arc at. We had wanted to meet with the Council next 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 try to work oul the wrinkles ne xt Monday night. ls that right Frank. or is there some other reason we need to proceed thi s evening? Director Gryglewicz said the reason we arc bringing this 10 Council tonight is that we wanted 10 have the budget do ne pri o r 10 the seating of the new Council. Mayor Brad shaw said it is not ready to be done . Ci1y Manager Sears said we aciually could move this to the next mce1ing and Council could adopt the budge t under sec ond reading at the first meeting in November, if it is set to go in two weeks. Mayor Bradshaw sa id I am not co mfortable with the figures we got at Study Se ssion . Co un cil Member Grazulis said I do want to be very careful, because of the message Chris gave to hi s people . 1hat the y ~o uld keep their Jobs . I just don 't want to bounce people around like that. so we need 10 rind 11 ;omeplace . Councrl :-1ember Nabholz said Chris asked numerous time s. is this actual. can I actW11ly do this and we ,aid ~e,. Mayo r Brad,haw ,aid he a;kl!d u three different umcs. .. • t .. • • Englewood City Council Octo ber 6, 2003 Page 17 Co un ci l Member Wo losyn said as I remember three of the pos itions arc pan of the freeze . l s that nght'? C hr is did say that he mi ght not be able to do that before the end of the year. Mayor Brads haw said yes, that is true . So on your Thursday meeting with the department heads. let's go ahead and find o ut where we arc. exactly, before we meet on Monday. We will go through this again on Monday and then we will bring it back the second meeting in October. ls that all right? Coun c il Member M oore said he would like to ask Council Member Wolosyn a question . Olga. on the sales projec tio n, we are. in fairness to the point you arc making, we arc going forward on a budget with that projectio n. We won't know if it works until the end of the year, he said. Council Member Wolosy n said I agree. I just wanted to say that when I rruldc 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 IO percent Fund Balance, making changes based o n income that hasn 't yet happened. I didn 't feel completely comfonable. Mayor Bradshaw said we also have two ballot issues. THIS ITEM WAS CONTINUED TO THE OCTOBER 20, 2003 CITY COUNCIL MEETING. (ii ) Direc tor Gryglcwicz presented a recommendation from the Department of Fi nance and Administrative Services to adopt a bill for an ordinance appropriating the City of Englewood's 2004 Budget. THIS ITEM WAS CONTINUED TO THE OCTOBER 20, 2003 CITY COUNCIL MEETING. (iii) Director Gryglewicz presented a recommendation from the Ocpanment of Finance and Administrative Services to adopt a bill for an ordinance approving the 2003 Mill Levy for co llection in 2004 for the City of Englewood. On the Council Communication. l did a little write-up. on a ho me in Englewood valued at $200,000.00, and I indicated what ponion of that would go to the General Fund . That would pay approximately S 107 .60 to the General Fund per year. The Debt Service Fund. that is fo r the new improvements that are being made, as we speak. with the pool. Malley and the Recreation Center, that would be 2.43 mills . which works out to $44.47 . Total taxes paid to the City of Englewood wo uld be S I 52 .0 7 ... for a house valued at $200,000.00. So, the total mill for the City is 8 .31 mills, to be colle cted in 2004. The General Fund mill has not changed since 1992. The Debt Services changes a little bit. he sai d . depending on the Debt Service requirements. C OUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iii) -COUNCIL BILL NO. 71. CO N IL BILL NO. 71. INTRODUCED BY COUNCIL MEMBER WOLOSY N A BILL FOR AN O RDINANCE F£XING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSE D VALUATION OF ALL TAXABLE PROPERTY WITHlN THE CITY OF ENGLEWOOD, COLORADO . Mayor Bradshaw asked if there wns any di sc us sion. There wa s none. Vote results: ~l ouon .:arncd Council Members Nabholz. Moore. Garrett. Wolosyn. Yurch1ck , Grazulis, Bradshaw one l 1, I Dire tor Grygle\l lCZ presented a recommendauon from the Department of FmJn,c Jnd Admm1,trame Sc:r, 1cc 10 ad pt J bill for an ordinance approving the 200J Budget for the t • • Englewood City Council October 6, 2003 Page 18 Littleton/Englewood Wastewater Treatment Plant . The Wastewater Treatment Plant has a vailable fund s at the beginning of2004 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) (iv) -COUNCIL BILL NO. 74. COUNCIL BILL NO. 74 , INTRODUCED BY COUNCIL MEMBER GRAZULlS A BILL FOR AN ORDINANCE ADOPTING THE BUDGET FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT FOR THE FISCAL YEAR 2004. Mayor Bradshaw asked if there was any discussion or questions for Director Gryglcwicz. There were none . Vote results: Ayes: Motion carried . Nays: Council Members Nabholz. Moore. Garrett. Wolosyn, Yurchick, Grazulis, Bradshaw None (v) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to adopt a bill for an ordinance appropriating the 2004 Budget for the Littleton/Wastewater Treatment Plant. He said the total appropriation, or use of funds, authorized for 2004 for the Littleton/Englewood Wastewater Treatment Plant, is $36,806,602.00. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (v) -COUNCIL BILL NO. 75. COUNCIL BILL NO. 75, INTRODUCED BY COUNCIL MEMBER GRAZULIS A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT PURPOSES IN THE ASCAL YEAR BEGINNING JANUARY I. ~004 . AND ENDING DECEMBER 31. 2004. CONSTITTITING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE ASCAL YEAR 2004 . Ma yor Bradshaw asked 1f there was any discussion. There was none . Vote results : Aye s : Na ys: Mo tio n ,arr ied . Council Members Nabho lz , Moo re , Garrett, Wolosyn . Yurchick , Grazul is. Bradshaw None (b l Approval o f Ordinances o n Second Reading There \\ere no additi o nal it e ms submitted fo r appro val o n second reading. (See Agenda hem 10 • Consent Age nd a.) (Cl Resolution s and Motions There ·,ere no add iti o nal rc:solut1 o ns o r mo uo ns submmed fo r appro,al . (Sec Agenda hem IO . Co nsent Agenda .I 1:. General Discussion ... t • • • .. Englewood City Council October 6, 2003 Page 19 /a) Ma yo r's C hoice (i) Ma yo r Bradshaw said RTD won the APT A annual award, for the be st Transit agency in the United States and Canada. They asked that we pass a resolution , but we didn 't get thi s in our packet until toda y. If staff could go ahead and form a resolution, could we go ahead and pass one hon orin g them '? Someo ne said in two weeks . She said okay. but they needed it by the 1611,. (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. At 5 :30 p.m. they ha ve 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 Chcrrelyn. 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 . (i ii ) 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 . (bJ Council Members' Choice COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 12 (b) (I), (II) and (Ill). (i) RESOLUTION NO. 80, SERlES OF 2003 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY ATTORNEY . (ii) RESOLUTION NO. 81 , SERlES OF 2003 A RESOLUTION EST ABLISHlNG THE ANNUAL SALARY FOR THE CITY MANAGER OF THE C ITY OF ENGLEWOOD, COLORADO. (iii ) RESOLUTION NO . 82. SERlES OF 2003 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE MUNICIPAL COURT JUDGE . Mayo r Brads haw sai d the three resolutions establishing annual salaries for the City Atto rney. the City Manager and the Municipal Court Judge show a zero percent increase over last year. Council Member Wolosyn ,aid lam very g lad that the three peo ple who we greatly val ue and who were probably in a position to twist our arm. didn't, and I really appreciate that, in times like this . Vo te results: Mouon ..:a rned . Ayes : Nays : Counc il Members Nabholz. Moore. Garren. Wolosyn. Yurchick. Grazulis, Bradshaw None ( iv J Council Member Nabholz : I. he J1d I wou ld hkc m say Happy 50111 Birthday 10 Maddox . I went o ,cr Saturday about I : 15 and the~ had e,cf)thm g Jump,ng and go ing. It was good to see a lot of the o lder alumni there .ind all the l..1d,. It "3> reall~ m c. • t .. • • Englewood City Council October 6, 2003 Page 20 1. She said I think the time has come. 1ha1 this is long overd ue . I paid anention to the dog park 1h1s week and paid attention to the ph o ne calls and e-mails represent ing both si des of the issue . I a lso had a ve te rinarian call me today. The Parks and Rec Commission. in August, recommended that we move all the kids 10 the park o n Emerson. which has no playground equipment, no toilet facilities, and no picnic shelter. I would like to, with Council's suppon. 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 o ne park. The other four parks that are off leash, we do n ·1 hear about. This o ne we do and it ha s a big impact. My recommendation is that we stan signing Bates Logan , that it is no longer an off leash park. effective whenever we can get the signs up ... promptly. That we mo ve the off leash dog park to the Emerson Park and that we give approximately 3 to 4 weeks for the people to get used to the dogs being moved. and then. as the Police Dcpanmcnt allows, we stan citing people that continue to allow their dogs to 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 docs a city, the size of Englewood. need five dog parks? Council Member Nabholz said we don't. but yo u've got some real vocal activists . Like one of the ge ntlemen said , o ne o f the things I've encountered with working with the owners of the dogs. they are a ve ry vocal. aggressive group. It is an entitlement to them . And I must say, that most of them are very demanding. Council Member Yurchick said that still doesn't answer my question as IO why a city the s ize o f 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. to 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 dog park. That was what was di sc ussed at the joint meeting of Code Enforcement and Parks and Recreation . That was the purpose of it. I think most o f the time it has worked pretty well in the four parks. Also, he said, it was not the recommendation of Parks and Rec to move all the kids to Emerson. The recommendat ion of Parks and Rec. was that we c reate an additional playground facility at Emerson. Council Member Nabholz said as the funds became available. the equipment would be put there . Mr. Garrett said, you said we were going to move the c hildren . M s. Nabholz said that was a misunderstanding. I 'm sorry. I misspoke . Mr. Garrett said that was never the case and somehow that got out. M s. Nabholz said yes. you brought that up two weeks ago. Co uncil Member Garren said the purpose was 10 create a sense of family and community image in the dog parks around town . within walking distance. Council Member Yurchick sa id so if Bates Logan 1sn ·1 creating that feeli ng. why do "c need to replace if/ Co uncil Member Garren said from the testimony that I ha ve heard . this is extremely split. Yo u ·ve got pe o ple who are very passionate about not wanung to have a dog park there, but at the same ume you have pe o ple who are ,·ery passionate about keeping 11 . When yo u hear about safety issues. there are also \\Omen "ho ha,e testified to us that their safety is enhanced by ha,ing that as an off leash park. So I can tell yo u. I had a d1scuss1on today "11h the Park and Rec Dcpanment about trying 10 come up wnh so me kind of .:o mprom1se that "111 keep some ·tnd o f sense o f bal:incc in that park. Co uncil :-.!ember\ o los~n sa id Ml 1s an~1h10g happening in that quanu·i Because I must ay. reprdtng E merson ;is J dog p.irl... \\hen I \\Cnt 10 the 01 stnc t I mceung. peo ple who don't want Bate Logan 10 be ,>If-leas h" 11huu1 ten.:1ng . .:ame up a nd to ld me that they definitely thought Emerson a J dog park. "'ould n,,1 \\Ori... So . I 1ee l hl..c . I don 't \\ant 10. Jt the drop of a hat. e,rcate a problem tn the ame D,sm.:t. The~ to ld me 1ha1 parl..ing alone. \\as gomg 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 leashts. But I met with Colleen Bowen and Mike Flaheny. 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 bitten at another place"', which could happen with dogs running at large . She said no. because of the movement he made. that the dog auackcd 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"sjust 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 Garrett 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 forward with compromise, shon 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 let"s take that time rather than, today.jump right in and say no. Council Member Nabholz said what arc we jumping into. after months and months of hearing from people"? Ms . Grazulis said I'm hearing both sides though. Counci l Member Moore said in fairness to Julie's comment, Ann, where I come from on this. I think dog park s are a good idea. but I still hold that they should require fencing and we can· 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 shut the door, despite my own feelings , I don't want to ,hut the d oor too quickly. Co un cil Member Garrett said let me ask the Council something. One of the proposals. we internally talked about and we haven ·, fleshed o ut yet. is to have some kind of alternate day , like Saturday, especially when soccer and all that so n of s tuff is happening, then that would be a completely an on-leash lime and Sunday \\Ould be an o ff-leash time. So each group would have a day on the weekend in order to enjoy the park. [C lerk's no ce : Council Member Yurchick made a comment. but I could not pick it up on the tape.J Co uncil '.\!em ber Grazuhs said \\ell then they would have to get used to II. I'm sorry Then they will h:1,e co be c11ed . beca use I do feel that. over ume. it did take ume to get used to the whole o ff-leash m the first place. But I do feel thac the soccer fielJ' umes do come first . I :>.grcc ,~ith that. for the kids . f r their pr ,Klice umes . But . he ·aid. there must be J compromise. There must be s0me o ther time durmg che \\Cek . t • • Englewood City Council October 6, 2003 Page 22 Coun ci l Member Nabho lz sa id I do n·t th ink so in thi s park . Ir is working fine at the o ther parks. At thi s pa rk. we have no t reached a comp romi se . I 'm reall y glad th a t Co uncil Member Garren ha s ke pr you informed . I ha ve not heard some o f these things. Ho wever. I ger the pho ne c all s . I ger the peo pl e co min g. I ge t th e e-mail s. Yo u know, whether we provide a co mpromise , I still do no t think that it will work to have o ne day, say o n Sunday. that the kid s d on 't go 10 the park. No, no. The: botto m line is thi s is no lo nger an o ff-lea s h park . N o w . if we still want to consider, with Parks ar.d Ree 's recommendation, moving the dogs 10 Eme rson. than I think that is a very good o pt ion. You al so ha ve the gentleman that has all that fo ur foot hi gh .. that is all the higher it is ... c hain link fencing he wants to donate to the City . Council Member Wolosy n said whi c h park did he want to do nate 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 o ff. Counc il Member Nabho lz said ha ve yo u ever gone there Julie and watched the owners that stand there and vis it. M s. Grazulis said yes I have . that's why I'm talking about this . I have been there . Ms. Nabho lz said , rm sorr y, I'm o ut o f order. M s. Grazuli s said I ha ve been there probably 10 to 12 times . at different times o f the week and different times o f the day and I am no t seeing the same problems. I am gertin g the o ther s ide with the peo ple e-mailing me saying that they want to keep it. So that is why I'm not getting yo ur si de. Counc il Member Nabho lz said you don't li ve in thi s area. I'm glad that yo u come down and look and I'm glad that you get the pos itive e -mail s. Ms . Grazulis said I kno w it is in your area and I respect that and that is why I want to listen to yo u. but I al so want to li sten to the At-Large people. because they also represent that area. Counc il Member N a bh o lz said of course. Council Member Grazulis said I'm not against it, I just think we need to compromise. M,. Nabho lz sai d I'm just telling you where I stand and I would appreciate it if Council has a bencr recomme ndat io n, but I think it is lo ng overdue. We need to make a decision. Counci l Member Yurchi c k said that my c oncern is that ir has become more of a Denver park than an Engle wood park. Yo u look at Jaso n, those arc Englewood people at Jason. We never hear from the o ther pa rks . The o ne o n the No rthwesr Greenbelt is never used . Mayor Bradshaw said there is nobody up there. nobody . Mr. Yurc hic k sa id the y do n'r even use the playground . Mayo r Bradshaw said it is a private park for o ne dog. Mr. Yurc hi ck said but th at is my concern for Bates Loga n ... it is that the peo ple fro m Denve r don't have the ,ame concerns for the community thar the peopl e fro m E ng lewood do . Council Member Garrerr s aid I ac tu all y think th at is a n over ratc me nt . T he maj oriry of people who poke up were Englewood c111zens that used the park as a dog park. The same way there arc a lor of Eng lewood c 111zen s who ,peak up a nd say they don 't wa nt it. T here arc some Denver peo pl e there . The Parks and Rec Depanmem had a public hearing at Bates Logan. It w2 a Denver person tha t sho wed up to act ua ll y speal... That is the reason 1h 1s controversy o nly blew out this summer, because we had fo rums o n thi s and nobod> came . Mr. Garrett said we had fo rum s th ere thi s umme r , a t Bat es Logan. l Thcrc were comments fro m the audience.) ~fa)or Bradsha\\ a,kcd ,f there was an) o the r discu sion. C.1unc1I ~!ember ~loo re Jtd the quesuon would be . ts tt 100 premature 10 ha ,·c rht ... I mean ma~be \\C can hd, e Park;, Jnd Rec meet "11h u, n M nda. 10 d1,.;u s th1 unc,I ~!ember GJrrcn .11d ti Council" uld ltkc 10 gnc d1rcc11on 10 Pan. and Rcc ... ~ou l..no \\, \\hether ~,,u ltl..e the con,:ept. hould \\C tr1 to figure our ten.:tng Jltcrn.11nc;. . hould "e Ir) 10 look :u ahem.ate t .. • • • • Englewood City Council October 6, 2003 Page 23 days alternatives, those ,orts 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 10 Parks and Recreation . Council Member Moore said I guess 1he way I would phrase it is I think Council is showing a bias 1oward shutting it down , unless we can find a compromise quickly. I am biased to shuning it down unless we can find a compromise quick . I really would like to explore, and understand fully, why fencing is not the answer, before I make a final decision . Ms. Grazulis said I agree with you . Mr. Moore said ifwe can't have !hat conversation. then I am prepared to act. Council Member Yurchick said where do they want a fence. where the playground is? Mr. Moore said thal is part of the issue. I mean the playground is over towards where most people run their dogs. Council Member Wolosyn said I heard it being described as a dog run. which are usually long and narrow. In a way that might be a good thing and I bet it would make 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 10 play volleyball or badminton . The park is just too small. Council Member Yurchick said the whole idea of a dog park is not a narrow little dog run. That is what you are 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 Yurch1ck 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 Yurch1ck said well. if somebody wants to make a motion . Ma yo r Bradshaw said we have a molion and a second already. Cou nc il Members Grazulis and Moore asked that the motion be restated . Mayo r Brad sha\\ said 1he mouon is to make Bate Logan an o n-leash park. C,i uncil Member Moore said Council Member Nabholz 's motion involved a second aspect 100 . Coum:11 Member abholz and Ma)or Bradshaw aid the motion was co m.:ike Bates Logan an on-leash park Jnd for 1he Parks and RecrcJu o n to look at using Emer,on as the off-leash park . 1'la)or Br.id,hJ\\ said lets get the name o f the fence gu) from you. Ann . Ms . abholz s:ud I ha\'e that . So. Co un.:11 Member Moore said. the o nly 1mmedia1e a t1onable nem o n the motion 1s to put Bate Logan on LeJ,h. Effect1\'C? ls 1t 1mmed1Jte' Ma)Or Brad,ha" aid u 1s three \\eeks. Council Member Nabholz ,.ud I do n·11..no" ho" "e" uld j!C t 1gns up. ,lunc1 I :..tcmber \\'nl,>,)n aid correct me 1f I am wrong . but It "a ne,cr an o rdinance. 1t \\JS j program . \la) r Brad hj\\ ,j1d 1hJI 1, nght . 1t I J program . • • Englewood City Council October 6, 2003 Page 24 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 ·1 know what the time frame for a sign is. I would say within a couple of weeks . He asked Ken Ross if he co uld 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 it 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 vole, because I cannot go with just the people that arc here, right now, against it. because I have all my e-mails that arc positive. lam 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 discussion with Parks and Rec . Vote results: Motion carried. Ayes: Nays: Council Members Nabholz, Wolosyn. Yurchick, Bradshaw Council Members Moore. Garren, Grazulis Council Member Moore said just for the record. l 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 hot, 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·, heard from this Council about anybody wanting to take anybody's house . Talking about taking houses ... that has never been a pan 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 re si dential out of this. so we don't make people think we are trying to take their houses . So. l 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 had to recreate it. This is only a vision, that is all this is. it is not any le ga l document sayi,ng we are going to do anything . We do have empty spaces on Broadway. We need to do things that make s ure businesses can thrive on South Broadway . That is one reason we spent millio ns of dollars o n fixing the street scape. trying to make businesses look better to bring people here . Please make ;,ure when you go to these sessions. that you ask the hard questions, but also understand that it is a policy doc ument . and that is all it 1s . Mayor Bradshaw thanked Mr . Garrett. You stated that well , she said. (vi) Council Member Grazulis said I just wanted 10 point out that our Englewood High S.:hool Band wa;, in competition this last Saturday. in Ca.tie Rock. against 16 other h!fh ~hoots. They did come in 6"'. They are o ne of the smallest bands around and their auxiliary took'.! overall and they o nly have 6 flag people. compared to like 15-20 in o ther schools. It was a day 10 be proud. she said . ( ,11 ) Coun 11 Member Wolo yn he sa id I \\Ould li ke tO reiterate \\hat Mr. Garrett said. and reucra1e what l said to Council.. The South Br Jd\\a~ Plan,;, a plan. 111> a VISlon . 111s a direcuo n. I dtd see some things. \\h1ch I ,01ced JI Stud) Se,,,1 n. that I tho ught \\e d o n 't need in there . I think c,er~body 11ho spolc tonight. all said that .. • t .. .• • • Englewood City Council October 6, 2003 Page 2S they would like lo see a revi1alized Broadway Corridor. Thal is lhe focus of the Plan, she said. and I hope 1hat everybody who comes 10 !hose meetings has ideas abou1 lhal also. ~ She said I also want to 1ell you about one of the really nicer things tha1 has happened to me la1ely . This summer I. and several members of the Cultural Arts Commission, worked with members of 1he Englewood School's art faculty and administration staff to write a grant for $900.000.00 to integrate 1he arts into the curriculum and strengthen ii as a stand-alone subject. It was a federal grant . Lots of people go for those and il is hard to gel 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 1ha1 is wonderful. There is a lot of good going on. 13 . City Manager's Report (a) Ci1y Manager Scars said I just want to note that, unfortunately, Paula Puncerclli has given her notice. She will become the Public Information Officer for the T-Rcx project. We arc really going 10 miss her. She has done a great job for the City. We will have a farewell party Thursday afternoon from 3 :00 10 5:30 p.m .. if you can come by and wish her well . II 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 20'"? 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 GARRE'IT MOVED, AND IT WAS SECONDED, TO SETILE THE CITY OF ENGLEWOOD VS T & G HARDWOOD FOR $12,300.00. Ayes : Council Members Nabholz. Moore. Garrett, Wolosyn. Yurchick. Grazulis, Bradshaw Nays : None Mo1ion carried. 15 . Adjournment RADSHA W MOVED TO ADJOURN. The mce1ing adjourned a1 9 :50 p.m . PLEASE PRINT PUBLIC COMMENT ROSTER AGENDA ITEM 7 DATE: October 20, 2003 UNSCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES NAME ADDRESS OIJJBWUNO. - SERIES OF 2003 BY AUTHORITY COUNCIL BILL NO. 67 INTRODUCED BY COUNCIL MEMBER GARRETI AN ORDINANCE AUlHORIZING THE EXTENSION OF A LEASE AGREEMENT BETWEEN ABC , INC ., THE CITY OF ENGLEWOOD AND THE CITY OF LITI'LETON. WHEREAS, the City Council of the City of Englewood authoriud 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 10 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 Englewood and Littleton that it had not received the requisite approval from the Federal Communicationa Commission ("FCC') to relocate the radio transmitter tower and did not anticipate obtaining the approval in time to relocate the radio transmitter tower and vacate the premises by December 31, 2003; and WHEREAS, given the delay caused by the FCC proceedings, ABC, Inc . seeks 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 l : 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. Section 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 midnight June 30, 2004 . Section 3: The Englewood City Council hereby directs that the City of Englewood enter into an Agreement Extending the Term of Lease Agreement. ,.. • • Introduced, read in full, and passed on the first rcadiq on the 6th day of October, 2003 . Published as a Bill for an Ordinance on the 10th day of October, 2003 . Read by title and passed on final miding on the 20• day of October, 2003. Published by title as Ordinance No.__, Series of 2003, on the 24* day of October, 2003. Beverly J. Bradshaw, Mayor A1TEST: Loucrishia A. Ellia, City Clerk I, Loucrishia A. Ellia, City Clerk of the City of Enalewood, Colorado, hereby certify dlBl the above and foregoing is a true copy of the Ordinance passed on final rcadiq and publilbod by tide u Ordinance No.___, Series of 2003. OJU)INANCE MO. __ SERIES OF 2003 BY AUTHORITY CJ COUNCIL BILL NO . 68 INTRODUCED BY COUNCIL MEMBER GARRETI AN ORDINANCE APPROVING AN ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT PERTAINING TO THE CONSTRUCTION OF A PORCH LOCATED AT 2931 SOUTH WASHINGTON ENCROACHING 2S FEET INTO THE REQUIRED FRONT SETBACK AND APPROXIMATELY 1.2 FEET INTO THE PUBLIC RIGHT-OF-WAY WHEREAS, Section 11-3-4 of the Englewood Municipal Code 2000 provides that an encroachment into public right-of-way may be granted upon compliance with certain tenns and conditions and the issuance of an encroachment pcnnit and indemnity agreement by the City; and WHEREAS, the house at 2931 S. Washington was built in 1947 with a front porch which extended into the Washington Street right-of-way 1.2 feet and is a nonconfonning structure because it extends 2S feet into the required front setback and encroached into the public right-of-way; and WHEREAS, the roof over the front porch was damaged in the March 2003 snowstonn, and the property owner would like to replace the porch in its original location ; and WHEREAS, the Englewood Board of Adjustment and Appeals granted a variance for the porch on September 10, 2003 for the 2S feet up to the property line; and WHEREAS, the City of Englewood received an application for an encroachment pennit 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" fonnally recognizing the dimensions of the encroachment and prohibiting the enclosure of the porch structure . NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Scctjop I. The encroachment of 1.2 feet into the public ript-of-way and the 2S fee t into the requ ired front setback is hereby granted. -1- t • • Section 2 . The "Encroachment Permit And l.adcmnity Ap'ecmcnt" lltlebed hereto as "Attachment l," is hereby accepted and approved by the City Council or tbe City of Englewood, Colorado. 2003 . Introduced, read in full, and passed OD fint readin& OD the 6th day of October, Publi shed as a Bill for an Ordinance on tbe 10'~ day of October, 2003 . Read by tide and passed OD final reading on the 2~ day or October, 2003 . Published by tide as Ordinance No. ___, Series of 2003, on the 24'~ day of October, 2003. Beverly J. Bradshaw, Mayor ATTEST: Loucrisbia A. Ellis, City Clerk I, Loucrisbia A. Ellis, City Clerk of tbe City or Englewood, Colorado, hereby certify that the above and forqoina is a true copy of an Ordinance pused on final reading and published by tide as Ordinance No. __, Series or 2003. Loucrilbia A. Ellis -2- ... ATIACHMENJ t ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT THIS AGREEMENT, made this day of October, 2003, between the City of Englewood, Colorado, a muni.cipal corporation, and Thomas D. Kelly, the owner of a certain parcel ofrcal property legally described as : the South 18 feet of Lot 4 and all of Lots Sand 6 of the 8cal Subdivision commonly known as: 2931 Soatb Wubiactoa 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 by 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 bis heirs and assigns unders1and and agree that : l . 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 bearing 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 ofR.evocation by personal service or certified mail. 4 . That the property owner cstoppcd to deny the right of the City of Englewood, Colorado, to revoke the Encroachment Permit or to deny the property rights of said City. 5. That the property owner agrees to reimburse and indemnify the City ofEnalcwood, Colorado , for all necessary expenses of wbalever natme that may be incurred in revolting 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 propcny owner. 7 . That if the City ever determines that the improvements arc not bcina mainlained, and as a result the improvements represent either a safety c:oaccm or the visual apparwc of said improvements are a detriment to the residential cbanctcr of the ncipborhood. then the City ' ,• • • will provide written notice that the safety or aestbctic coacems should be addressed. The City Manager may give wriaen notice to the owner that ma;,,,,,,.,w must be performed or repairs made within a specified period of time. If such repairs or·~ aR not performed within the stated time, the City Manager may order such repairs or maintmance to be performed by the City and the expenses connected therewith shall be a lien upon the property adjacent to the improvcmcnlS until the cost thereof is fully paid. If the usessmcnt is not paid within thirty (30) days thereafter, the City shall ccnify such usessmenr to the County Treasurer who shall place the same upon the lax list for the current year, to be collected in the same manner II other taxes aR collec:ted, with a ten percent ( l 0-Ai) penalty thereon to defray collection costs. 8. That the property owners shall maintain imurmce coverage sufficient to satisfy any liability arising u a result of this Enc:roacbmcnt Permit and Indemnity Apmnent, and the City of Englewood shall be held harmless from any and all liabilities arising from this action. 9. That this agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, usigns, 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 hands the day and year first written above. CITY OF ENGLEWOOD a municipal corporation By:-------------,-,--- Bcvcrty J. Bradshaw, Mayor ATTEST: By : _________ _ Loucrishia A. Ellis, City Ciak By:.~.....,,..----~-----~~::-- Ken Roa, Director of Public Works By: Robert·--S-imploo,--D-il'_ec:_tor_o_f Community---.- Developmcnt PROPERTY OWNER ~ By : /ul&MM, ~-~ Thomas D . Kelly, Property Owner 2931 South Wubinpm Slreet 2 • • COLORADO ENGINEERING & SURVEYING, INC. """ .cepe1.c•• UHIIITA NO. 200J-027JI KILLY 3'70 S. SHERMAN ST. STE. Z • ENGUWOOD, CO. I0110 • (JOII 711-1011 SCALE 1" • 25' ~ ! I ·it ii, -- Surveying Colorado Since 1172 • FAX: (303) 781-0141 '"'. '"', 10.,· • 1i .g ·2 ! IOI, '"' . '!. 125' I ,i.-(CUIII -) II 11.0.W. -, !mll: CMIIUI ~It f'OIICl4 OCIIOIOO-: o,r OI -Cl _..JY --tfflttt 11.0 .W. .. 1.2" AS -· ,--..,.1~--,~~ -~ ~~ 'i • rt I " . ::! , ;, ·i~ ;, SI hi • .. 'bi ; II: a ·/ :-·-··· ........ : -:·... . . : . . . : --.. -.. -. --.. ,-.. -.. -. 14. 1 ', • • I !:-... -IO.i· t . 1 :_·::·:·.:·.:· ·' "'\ :-·> . -ir.::: ·l ::: : i .. -~ I • ' .,. ---IS 11.1· -'°" II , ... l S.. ff. .. JO J .. . . T s. zi O • ~i I L~~-----··-•• ~--1,H ~,. i . . . ... -....... "'~ ... . ........ . . . . .; ltll ~ L:.:~:r·----".l "". !t; .. . . ·"··~ . . . .. . : ... : : : : : : : : : . . . 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Ft•=•··-,-----==--=---=----------·- • • BY AUTHORITY COUNCIL BILL NO. 69 INTRODUCED BY COUNCIL MEMBER GARRETI AN ORDINANCE AMENDING TITLE 11, CHAPTER 3, SECTION 4, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO ENCROACHMENTS INTO THE PUBLIC RIGHT-OF-WAY. WHEREAS, under Title 11-3-4 EMC, staff may grant encroachments for retaining walls, awnings, and fences that meet c.ertain specific requirements; and WHEREAS, any encroachment that does not fit the specific provisions contained in Title 11-3-4 EMC must be referred to Englewood City Council which prolongs the process; and WHEREAS, the proposed amendment to Title 11-3-4 EMC will allow staff to grant encroachments except in cases where the City determines that the encroachment represents a permanent 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 encroachment ~ to the Englewood City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado, hereby amcnda Title 11, Chapter 3, Section 4, of the Englewood Municipal Code 2000, to read u follows: 11-3-4 : Encroachments . An encroachment into the public right-of-way fer 1111 feHe .. iaa .... .._.maybe panted Jilt Cjty Staff, provided the following terms and conditions are lllilfiod: A. Encroachments for fences and retainina walls may be granted upon compliance with the following requirements : -l.. FeRNlaMNlaiRiaa.r.allellhallN.-IIMR8lllllhlaNel.1 iaehee (U") l,lhiRcl llillle ,..U..1 ~ l · Fences and retainina walls shall be in compliance with all other applicable ordinances and codes. l l,. Fences and retaining walls shall be adjacent to a strecl which bu been in a paving district or which ia not deaipated in the muter street plan u one which is propoeed to be widened or improved. B. Encroachments for cantilevered awninp, canopia aad marquees may be granted upon compliance with the following requiremcllla : .. • t • • • C • .._ (J I. Cantilevered awnings, canopies and marquees shall not project within five feet (S ') of back of curb; 2. 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; 3 . 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 agreement shall be prepared by the City. 8ei4 IJ1Q encroachment permit and indemnity agreement shall contain the legal description of the propcny owned abutting the public right-of-way to be encroached, the purpose of the encroachment, that the encroachment permit and indemnity agrccmcnt is a revocable license, revocable by lbs City Ge.eil 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 estoppcd 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 agreement or removing the enc.roachmcnt. The property owner requesting the encroachment shall pay all reasonable expenses of preparing and recording the encroachment permit and indemnity agreement. D. All requests for encroachments into the public right-of-way Ml IIINiB iElealified whsm the epcrpaclupspt M a structure which woyld crggg a JPJOMFN lfkjpg o[Citv riBht:P[·WIY and fM2JFlls from Staff 4eoial gfap CJRPIChPYiPt shall be made to the City Council. Section 2. Safety Clauses. The City Council hereby fmds, determines, and declares Iha& this Ordinance is promulgated under the general police power of the City of Englewood, Iha& 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 be8Ili a rational relation to the proper legislative object sought to be obtained . Section 3. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a coun of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Sec tion 4. lnconsjstcnl Ordinances. All other Ordinances or portions thereof inconsislcnt or c nflicting with this Ordinance or any portion hereof arc hereby rq,calcd to the extent of suc h m on sistcncy or conflict . ==~ E !Teet of rggl Qf modjficatjoq , Tot rq,cal or mod1ficatioa of any pro ision of the ll) o f Engle"" ood b)' thi Ordinance hall not release , cium1uisb, alter, modify , or t .. .. , • • • 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 sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rcndcrcd, entered, or made in such actions, suits, proceedings, or prosecutions. Section 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 first reading on the 6th day of October, 2003 . Published as a Bill for an Ordinance on the 10th day of October, 2003 . Read by title and passed on final reading on the 20• day of October, 2003 . Published by title as Ordinance No._, Series of 2003, on the 24• day of October, 2003. ATTEST: Beverly J. Bradshaw, Mayor Loucrishia A . Ellis, City Ocrlt I, Loucrisbia A . Ellis , City Clerk for the City of Englewood, bcrcby certify that the above and foregoing is a true copy of an Ordinance passed on final reading and published by title • Ordinance No._, Series of 2003 . Loucrishia A. Ellis BY AUTHORITY ' SERIES OF 2003 COUNCIL BILL NO. 70 INTRODUCED BY COUNCIL MEMBER GARRETr AN ORDINANCE FOR APPROVAL OF A CONSTRUCTION EASEMENT AND LICENSE AGREEMENT FOR TIIE FIRST CHURCH OF CHRIST, SCIENTIST AT 3701 S. LOGAN STREET, ENGLEWOOD, COLORADO . WHEREAS, the property located at 3701 S. Lopn Slreet is owned by the First Church of Christ, Scientist; and WHEREAS, the City bas a 25-foot euement to pipe the City Ditch that runs through the front portion of the Church property alona S. Lopn Street; and WHEREAS, the attacbed License Apeement will allow the Finl Church of Christ, Scientist to install a river rock dry creelt bed for landscapina purposes over the existing caaemcnl NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : Section 1. The City Council for the City of Enpewood, Colorado, hereby approves lbe License Agreement allowing the Finl Church of Christ, Scimlilt at 3701 S. Lopn Street, to install a river rock dry cree1t bed for landlc:apina purpoees over the exiltiq eaSC1DCDt Scctjon 2, The Construction EalCIDC'Dt and Liceale Aareemcnt may be signed by the Director of Utilities. Introduced, read in full, and passed on fint reading on the~ day of October, 2003 . Published as a BiU for an Ordinance on the 11,. day of October, 2003 . Read by tide and passed on final reading on the 2<I' day of October, 2003 . Published by ti de as Ordinance No .__, Series of 2003, on the 24• day of October, 2003 . Beverly J. Bndsbaw, Mayor Attest: Loucrisbia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a ttuc copy of an Ordinance puaod oo final rcadin& and published by title u Ordinance No._, Series of 2003. Loucrilhia A. Ellis LICE:'fSE AGREE)IE:'.'IT THIS LICENSE AGREE:\IIE'IT. made :md .:ntered into as of this_]_ day of~~ 20 _a by :md between the CITY OF ENGLEWOOD. :i cnunicipal corporarioa of Cororado. hereinafter referred co as ·'City~, and hes+ Ch, eel, c;:f fh;,~ Sg,!i'.!-+•s+ ~It,~ herein referred to as .. License:". WTINESSETH: The City without any wamnty ofirs r:itJe or interest whalsoever. bcreby aumorizes Licensee. irs succ:ssor. migas. to imral.l :i wuer line over the City's ~f-way for the City Ditch. described lS :i parcel of land sinmed in die '.llorthe:ist Quarter of Sc=c:ion 9. Township 5 South. Range 68 Wesrofthe Sixth J> .. M .. Ci>unty of . .\r.ipahoc:. StueofColor:ido depicted upon the E:<llibic 3Ct1Ched hereto and made :i ;,art hereor: l. 3. 4 . 5. Any constr".ic:ion conce:npl:ue:i or ;,c:tormd 'Jllde:-:his Lic::ise shall .:ompiy with :ind conform ro 5t:Uldarris tormui:ued :,y :he Dir::::or Jr L"tiiicic:s vi' the Cicy and suc:i construc:ion shall be ;,e:-:orrne:i mci .:om~ie~e::: :ic:;;Jrcing ,o the pi.ms ;ipprove:i oy the Cicy . rae Lie~ shall noci~, !he Cry· s Direc:or vr t:tiiicies Jt . .:::.sr uuee t }) days ;,rior to :be time ur .:ommem:eme:ic -,f :he con:.-m.ic:ion l.l( vr :my ~ .n:ide tO . Lic:nsee ·; Wate:' line so chat rile City may. in itS Jisc:etion. ins!)ec: such upe::ltions . Wichin thirty r 30) days from the dare ->£ :he ;ommencemc:nc uf constrUCtion uf s.ud w:ue:- line. the Lic:nse: shall comple:.: such .:on:.-m.ic:ion. ;:,l:ic: :mu mainmin peow1e:iL visible mark.:~. of J. type :.imi :it ;uch !oc:uions :is .ksign:uetl :,y :he Cicy · i Direaor vr" lrilities. re:e~..ng ,o the ce:tte:-line ->r the insuil:ition md ;hall .:!e--..r :he ~ssing :ire:i ->r :ill construction Jeoris :.ind restore :he :.ire-.1 ,o its ;:,revious .:ondition lS :ie:ir JS rn:iy be re:isonable. In the :vc::it till: plilCing l.lt :he c::uerliD.e :ruirlt.:rs .md the cle:iring :md restoration or' the <.-:Ossin~ :.ire:i is nor ~omple:etl 'hi chin the dme spedied. me City ma:,- comple:e the work :it :he ;ole :~pense or the !ic::ise:. The: Cicy ~I have tl,e right co mainuin. ilb-u!I. repair. remove or reloc:im the City Ditch or :my othe:-uf itS fai:ilir:ies ur :nsr:ill:uioas ·.Iii thin the Cicy ·; righrs-.>f-w:iy . :ll :my time and in such mar.ne:-.is :he City Jeems ne-~~: or .:onvenie:u. The City reserves rile e~clusi ve right co conlI'Oi Jil c::isemenrs :ind insuil:uions . rne ,tipulations :ind ~ondirions of~ Lice:ise shall be inconior:ired inro cona:ict spec:Jic:uions ii the constrUCtion !r.:in Juchorize-J is :o be .fune on :1.:onlr.ll.-r basis . ' .... .. • • 6. The rip md privileges gr:mted in this License shall be subject t0 prior :igree . lic:emes md/or gr:ma. recorded or umecorded. llld it shall be tbe Llccmee's sole responsibility to determine die :xistence of said dDcumcms or cootlic:ting uses or instailalions. 7. The Licensee sbail conmct :md fully cooper:uc with tbe City's personae! aud the coasuuctioa shall be completed witbom imenerm with :my lawtuL usual or ordinary tlow of WllCl" through tbe City Ditch. Licensee sbail mume 3'l risks iDcidem ro the poml>le presence of such waicrs. or of ~rm •.qm,s, or of 5Urt:lc: waie:, in the City Ditch. 8. All trenches llr holes wirhin the City·; ~g.'ltNf-w.iy ;ha.ii x :,ai;k,.;i!etl :ind tamped :o :he original ground line :.n l.iye:s :ioc co 0::1:c:::i ;;i:c : 6'1 illc:::.c:s loos«: :ne:isure :o ;i compac:ion of :imety ;:,e:-c:nc 190%i Sc.ind:ird ?~c:or '.1-l~'cinwn De:-.sic:,. 9. Lic=isee shall mde=mify md ;ave :larnlo:ss :!le Cc:,-. its Jtfic::s Jlld ::npioye::s. ~. :my :md JJl claims. ~. xtioos Jr c:wses ->fr.ion ;md .::tpense:s :o whic: it llf :ne:, may be )Wjec:ed by :'CISOD lli :iilid w:ner !ine ~.n11 within ;md JCOSS .md unde:' the premises of :he City or ',y re:ison of .my worit Jone \Jr ~ ouussion made by Lic:mce. :ts agents or e:nploye:s. ill connection •.1,ith die ~onstruc:ion. :e;,laceme:it. :naim:emnc: Jr repair oi said insmilation. Lc::ise:. for :i ;:,criod llt Jne l ! ) ye::r ~ iXl $;· pt ( 1 • :el23-wilr.':1llcs :o the Cicy :hat :he ·-ville:' !inc will ;e :re: trorn .!e:ec:s :.n aweri:i.is and will be ~ !i'om Jer~.s in ".he :.nstililmon llf the waw. line into the City Oiu:!i ri!jhc-.>r:·,NUy . 10 . [t is e:q,ressly ~ that :n c:ise of Lic:nsee ·; bre:lc!i of lily of the •Mir.bin promises.. ihe City may . lI its option. have specific ;,erton:i.:mce clr.eot: IX' sue for J:lmagcs resulting &om suc!i bre:lch. 11. L'pon :ibandonmient .JC my right or ;,nvil~e ~.n ~led. the ri(lht of Lici:me: to tb.at e:ctent ;;h:ill re:min:ire. but :ts oi>ligation tO indc:nnify md :;ave barmless :bl: City. its offic::rs Jnd cmployei:s. shall not te:minate in :my .:-.·e:ic. "' • t • • In gramiDt die 3bove audu:izarioa. die Cily tWMS Im ripl to make ftlll me af lbe property involved as S'f be -.essmy or wuveuiem in Iba operlliw of lbe war wmb pilal al sysaD under comroi of tm City. IN WrTNESS WHEREOF this imlruma Im been cm:med • of die day aad yes fmt 3bove wrimm. ATIEST: CITY OF ENGLEWOOD. By _________ _ City Clerk Mayor APPROVED.~ TO FOR.\.l: AITEST : City :\aomey CityCerx LICENSEE: ATIEST: Title CONSTRUCTION EASEMENT This Temporary Constn1ction Easement (the Temporary Easement) is entered illto this_ day of , 1002 by and between the City of Englewood. Colorado, a municipal corporation of the swe of Colorado, acting by the through its Warr:r and Sewer Board(Grmtor).and +.r,-+ Cl,.r-cl.. tt Chr,f>+ Sc,~.,4,-;+ t., l,:,""9..d ( Grmree ). WHEREAS. The City of Englewood owns a right-.>f-way for the City Oite!l. a carrier diteh (City Ditch ROW ) which is located as described on E:thibit .\. \'iHEREAS.r:o+ C\wrth cfCt,,,sf: .5!~"-"tt°desires :o install a J>ry Uo1d;. , ~ witlun :he Cty Ditch ROW pursuant to a license between :he ;,am~. ~OW , THEREFORE. In ~onside:-:irion of dle mucual co\·enants uf .:he oarties . more ;,articalar!y lle:-e in:ifte~ ;e: fonh. die ldequac:: md ;ufficie::c:, of which a're 1le:eby acknowledged. it is agreed JS follows : ! . Tc;npor:ir, Cgnsguc:ion EJSe:nent .. Engiewood (as Grmtor) hereby gr311rs t0(ot Cl,h,rl, of Cnc•!d: ~ ,.,,kf: 1:is Gr:mtee). ia successors, assigns. contr:ictors. md ;ub....:ontr:ic:ors. 1 non<tc!usive temporary consirw:tion e:iscment through. ave:. unde: ind r.oss die City Ditch ROW for the inst:l!Iation llf .1 :Vo C:c« lb {3.;d --------------------pursuant to a license agre:ment l the ProJec:l . ., Tc;un of fascme:it. The Projec: will ~ no 500ner :mo 9 -/ • C: 3 :md will be comp!e:ed no l:1te~ than 3 · 31-a i . C1J111Plerion of the Projcc: will be deemed to have occurred upon inspection md JPPrOV:U of the Project by Gr:incor and thls T emporar:, Easc:ne:i! will oe deemed to b:lve terminated upon 3ucq .:omp !c:t ion . 3. ~-Gr:intee shall have che cempora:: aon-c:'tclusive riii!t :o enter the City Ottc!i RO\V tor .in y re:isonab!c ?W?~ nec:ssa:y or prudent for the constr11cnon <>f the ProJect iubject to chc :ollowin1 restric:tions : I) normal worlung hours ,h:i!I be consistent with COOT .:onsauaioo bows, Moad3y through Fmi3 y md l ) the o~on of :quipmcnt md be:lvy aucb will be pennitted on che Eng lewood City Oiteh ROW only durin& normal wortan1 hours . . .. .. • ' • 4. R.ptpratjon. Upon completion ofme Project, Gramee will perform such resu,rarion and regrading as is aecessary or prudent t0 resmre me surface ma of the City Ditch ROW to ia original condition. S. Jpdemnjtigrion. Grantee, to the extent permitted by the laws and constitution of the Scare of Colorado, hereby acrees robe liable :md bold harmless the City of Englewood, ia employees. ten1111S. and pests from my and all claims, c:wses of action. and liability which may occur 3S a result of the negligent or wrongful ac:s of Grantee in die consaucrion of the Project, including the cost of defending against such claims. 6. Lill:Zili£!. Gr:intee hereby icknowledges dw it undmtallds thai there is Waler flow in the City Ditch from April l to '.'iove:nber l of e:ICh ye:ar and that it will assume liability for my damage co Jdjoining ?fOpfflY caused by wamr flow resulting ~m damage to die City Ditc:1 c:wsed by the Gr:mie:·s constn.1crion :ic:ivines. 7. [psurnoc;. Gr:inte: silall maintlin in full force md effec: .1 valid ?Olicy of insur:ince for :he P:-ojec: in the Jmounc Ji 561J0.,)00.00 property covmge :md S600.000.00 liabiiity cove:3ge. Gr.mce: tur-~c:-~ that :ill 1tS employees, contr:1C:ors .ind ::;ub-,;ontr:ie:ors wooong on :he ~jec: 5hall be covered by adequate Workers Compensation insunnce. 8. Assjgnment. 11us T lffllpo1'31;' C.xlSU".u::ion :lSCmcnt is mipable only with the written pcnnission oi E:igle-.vood. wluch j>fflUission will aot unre:15on:ibly withheld. conditioned or delayed. [N WID"ESS WHEREOF . the ;,ar:ies llereo i,a\'e ~uc:ited tins tempOraty construc:ton E:iseme:u on the J:ue md J.:ly tirst ·Nntte:l Jl,ove. &l paliDI lbe above w+-· r:Mioa, lbl Chy_,... die risb£ ta malrll 6111 • al1bl plUPlllJ invol'lllli •-, be • e«r"' CINlf4dlid ill die ·+am· !JD of dll warwadEl pillll ad s,saD 1mdl:r coanol oftllil Cll)'. IN WITNESS WHEREOF Ibis ....-i. im..,,. • oltmda1aiyesb above wriam. ATt'ESi: crrY Of ENGI.P'OOD, ay. _________ _ Ci~Clerk Mayor Af'!'ROVED .-\S TO FORM: AlTEST: The und&rsiped wecbccizld otlicar of ____________ _ bu rad the folelOiD& Liccme ad.-for and on blbalt" of Slid------- -----------• it will lCCIP' .md will 3bide by all dis tmDS ad conditions thllreOL UCENSEE: ATTEST : Tide J ·- COUNCIL COMMUNICATION Date Agenda Item Subject October 20, 2003 11 a i Motion to Amend the Bill for an Ordinance Adopting the Budget For Fiscal Year 2004 Initiated By I Staff Source Deoartment of Finance and Administrative Services Frank Grvalewicz Director COUNCIL GOAL AND PRMOUS 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 1 S, 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. The City Council continued this bill for an ordinance to October 20, 2003. RECOMMENDED ACTION Staff recommends Council approve the motion to amend the bill for an ordinance adopting the Budget for fiscal year 2004 as follows: General Fund: Other Financing Sources: Total Fund Balance : Changed from $466,856 to $868,856 Changed from $4,670,352 to $4,732,633 The Other Financing Sources reflects a transfer in from the Capital Projects Fund of $402,000. Capital Projects Fund: Revenues and Transfers In: Expenditures : Ending Unappropriated Fund Balance: Changed from $692,500 to $1,167,005 Changed from $911,980 to $1,298,811 Changed from $132,110 to $219,811 The Rev enues and Transfers changes reflect transfers from the Water, Sewer, and Wastewater Treatment Funds of $474,505 for past information technology purchases made with general government funds but not reimbursed by the utility funds. Expenditures are composed of: transfers of $402,000 (unrestricted/undesigr i ted) and $271,779 (IBIS lease) to the General Fund, and $625,005 for capital projects. The net effect of these changes is reflected in the decrease in Ending Unappropriated Fund Balance. All other changes (reconciled items) from the Budget Retreat were included in the Budget and Appropriations Ordinances presented to City Council on October 6, 2003. t .. • • BACKGROUND, ANAL VSIS, AND ALTERNATIVES IDENTIFIED 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 $34,607,148 and total uses of funds at $34,680, 127 leaving an unreserved/undesignated fund balance of $3,381,998 or 10 percent of total budgeted revenues. LIST OF AnACHMENTS Proposed bill for ordinance COUNCIL COMMUNICATION I Date Agenda Hem Subfec:t October 20, 2003 11 a i Bill for an Ordinance Adopting the Bud11et for Fiscal Year 2004 Initiated By I Staff Soun:e Deoartment Of Finance and Administrative Services Frank Grvsdewicz_ 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. At the October 6, 2003 meeting City Council continued the proposed budget ordinance until the October 20, 2003 meeting. RECOMMENDED ACTION Staff recommends Council approve the proposed bill for an ordinance adopting the 2004 budgel BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED > 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 at $34,680, 1 27 leaving an unreserved/undesignated fund balance of $3,312,866 or 10.02 percent of total sources of funds . LIST OF ATTACHMENTS Proposed bill for an ordinancr. ORDINANCE NO. SERIES OF 2003 BY AUTHORITY ODUCED BY COUNCCL MEMBER~~~~~- AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 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 submitted 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 COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I . 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 the budget for the City of Englewood for the fiscal year 2004 . Section 2. GENERAL FUND Total Fund Balance, January I , 2004 Revenues Sales/Use Tax Property and Specific Ownership Tax Franchise/Occupation/Cigarette Tax License/Permits Intergovernmental Revenue Charges for Servicca Cultural & Recreation Fines & Forfeitures Miscellaneous Total Revenues Other Financing Sources Total Sources of Funds 2004 BUDGET ~ t,J ~ . Q) ~qi?) I 20,000,000 2,783,750 2,579,925 753,452 1,253,926 2,678,164 1,952,589 1,461,486 m,ooo S 33,738,292 4661S§ S 34,205,148 ' ·lot • • Expenditures Legislation J.U,543 City Anomey's Office 677,633 Municipal Coun 829,997 City Manager's Office 588,561 Human Resources 525,113 Finance and Administrative Services 1,438,639 Information Technology 1,228,676 Public Works 4,639,537 Safety Services 14,111,325 Community Development 1,649,667 Libruy Services 1,157,822 Pub and Recreation Services S,()25,400 Contingencies 202,000 Debt Service 2,261 21:4 Total Uses of Punds S 34,680,127 Total Fund Balance, December 31, 2004 S 4,670,352 s.«1ilm..l. DEBT SERVICE FUNDS i&DCiml Qbliaau1m Dll.llfil EIIIIII Fund Balance, January l, 2004 s 23,366 Revenues s 1,()02,000 Expenditures s 969,620 Fund Balance, December 31, 2004 s 55,746 Pavin1 District f35 Fund Balance, January l, 2004 s < 88,393> Revenues s 37,414 Expenditures s 7,779 Fund Balance, December 31, 2004 s <58,758> Paving District 137 Fund Balance, January I , 2004 s 162 Revenues s 3,159 Expenditures s 3,321 Fund Balance, December 31, 2004 s -0- • Pavioa Pi:,trict 138 • Fund Balance , January I, 2004 s S,ISS Reve nues s 66,910 2 Expenditures $ 71,039 Fund Balance, December 3 I, 2004 s 1,026 C11m.is:11: B1a2l111"mi:o1 l2imi1.1 122~ Fund Balance January 1, 2004 s <11,910> Revenues $ 5,290 • t Expenditures s 4,348 Fund Balance December 3 I, 2004 $ <10,968> .. ~ SPECIAL REVENUE FUNDS Clmso:IWII.D Inu1 l:llud Fund Balance, January l, 2004 s 249,342 Revenues s 377,750 Expenditures s 525,000 Fund Balance, December 31, 2004 s 102,092 Qimmi::11.ill Bi:ir:11b:ia1 Lilla CIIDd . Fund Balance, Jan_uary l, 2004 s 180,175 Revenues s S,000 Expenditures s 30,000 Fund Balance, December 31, 2004 s 155,175 C11mm11oi1x 12r.ir:i:IQJ!mi:D1 l:llod Fund Balance, January I, 2004 s -0- Revenues $ 150,000 Expenditures s 150,000 • Fund Balance , December 31 , 2004 s -0- P<>oors Ellud Fund Balance, January 1, 2004 s 1,282,731 Revenues s 145,550 Expenditures s 149,150 • • Fund Balance, December 31, 2004 s 1,279,131 3 Malley Center Trust Fund Fund Balance, January I, 2004 Revenues Expenditures Fund Balance, December 31, 2004 Partcs and Recreation Trust Fund Fund Balance, January I , 2004 Revenues Expenditures Fund Balance, December 31, 2004 Special Assessment SYJll!us & Deficiency Fµpd Fund Balance, January I, 2004 Revenues Expenditures and Transfers Fund Balance, December 31, 2004 ~ CAPITAL PROJECT A.INDS Public hnproyement Fund Fund Balance , January I, 2004 Revenues Expenditures and Transfers Fund Balance , December 3 I, 2004 Capital Projects Fund Fund Balance, January I, 2004 Revenues and Transfers lo Expenditures Fund Balance , December 31, 2004 ~ INTERNAL SERVICE FUNDS Servicen1ec Fund Fund Balance, January I, 2004 4 •· $ 208,417 $ 3,000 $ 200,000 $ 11,417 • t $ 174,771 $ 14,000 .. $ 10,360 $ 178,411 $ 89,113 $ 200 $ 50,900 $ 38,413 $ 503,042 $ 2,802,089 $ 2,432,600 $ 872,531 $ 351,590 $ 692.500 $ 911,980 s 132,110 • • $ 942,012 Revenues $ 1,424,193 Expenditures $ 1,455,262 ·Fund Balance, December 31, 2004 $ 910,943 C111illl 1:.Q11i11~ol &1118"~D1 E11od Fund Balance, January 1, 2004 s 536,570 Revenues s 645,352 Expenditures $ 685,783 Fund Balance, December 31, 2004 $ 496,139 B.il~ MIDIK'DDI Ellod Fund Balance, January 1, 2004 $ 356,650 Revenues s 1,114,009 Expenditures $ 1,111,595 Fund Balance, December 31, 2004 $ 359,064 bl11xm. Dmii:fill EIIDd Fund Balance, January 1, 2004 s <34,061> Revenues $ 4,764,486 Expenditures $ 4,524,636 Fund Balance, December 31, 2004 $ 205,789 Ci:olBI Smi,1:1 E11od Fund Balance, January 1, 2004 $ 203,408 Revenues s 350,000 Expenditures $ 330,490 Fund Balance, December 31, 2004 $ 222,918 ~ ENTERPRISE FUNDS W111:,E11Dd Fund Balance, January I, 2004 $ 2,515,992 Revenues $ 6,438,493 • • Expenditures s 7,396,'254 Fund Balance, December 31, 2004 $ 1,558,231 s Sewer Fund Fund Balance, January 1, 2004 Revenues Expenditures Fund Balance, December 31, 2004 Stonn Pcainue fund Fund Balance, January I, 2004 Revenues Expenditures Fund Balance, December 31, 2004 Golf Course fund Fund Balance, January I, 2004 Revenues Expenditures Fund Balance, December 31, 2004 Copcretc UtililY Fupd Fund Balance, January I, 2004 Revenues Expenditures Fund Balance, December 31, 2004 Housing RchabjJjtaijop fund Fund Balance, January I , 2004 Revenues Expcndi t res Fund Balance , December 31, 2004 $ 14,387,275 S 55,048,300 $ 23,264,573 $ 46,171,002 $ 802,477 $ 349,988 $ 398,998 $ 753,467 $ 533,308 $ 2,181,199 $2,039,912 s 674,595 S 420,044 $ 549,875 S 713,324 S 256,595 $1,298,400 $1,062,000 $1,062.000 $1,298,400 Section )0. That the said budget shall be a public record in the office of the City Clerk UICI lhal1 be ope n to public in pcction. Sufficient copies thereof shall be made available for the use of the City Council and the public , the number of copies to be detcnnined by the City Maup. lnlJOduced, read in full , and passed on flffl readinl on the 20dl day of October, 2003. 6 • t .. • • Published as a Bill for an Ordinance on the 24th day of October, 2003 . Beverly J. Bradshaw. Mayor ATIEST: Loucrishia A . Ellis, City Clerk I, Loucrishia A. Ellis. City Clerk of lhc City of Englewood, Colonldo , hereby certify that lhc above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the~ day of October, 2003. Loucrishia A. Ellis 7 COUNCIL COMMUNICATION Date Agenda Item Subject October 20, 2003 11 a ii Motion to Amend the BUI for an Ordinance Appropriating Funds For Fiscal Year 2004 Initiated By I Staff Source Department of Finance and Administrative Services Frank GMdewicz 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. The City Council continued this bill for an ordinance to October 20, 2003. RECOMMENDED ACTION Staff recommends Council approve the motion to amend the bill for an ordinance approving appropriations for fiscal year 2004 as follows: Capital Projects Fund: Total Capital Projects Fund: Changed from $911,980 to $1,298,784 Total Capital Projects Fund change is a result of transfers out to the General Fund, and net reduction in capital expenditures. BACl<GROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED 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 $34,607,148 and total uses of funds at $34,680,127 leaving an unreserved/undesignated fund balance of $3,381,998 or 10 percent of total budgeted revenues . LIST OF ATTACHMENTS Proposed bill for ordinance • • COUNCIL COMMUNICATION Date Agenda Item Subject October 20, 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 Grv!dewicz 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. At the October 6, 2003 meeting City Council continued the proposed appropriation ordinance until the October 20, 2003 meeting. RECOMMENDED ACTION Staff recommends Council approve the proposed biH for an ordinance appropriating funds for fiscal year 2004. BACKGROUND, ANALYSIS, AND AL1HNA11VES IDENTIFIED Th e 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/undesignated fund balance of $3,312,866 or 10.02 percent of total reve nues. Th e total appropriation the General Fund Is $34,680,127 for 2004. LIST OF ATTACHMENTS Propose d b ill for o rdinanc e • t ' ORDINANCE NO. SERIES OF 2003 BY AUTHORITY A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGINNING JANUARY I, 2004, AND ENDING DECEMBER 31, 2004, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE 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 budgets 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 I. That there be and there hereby is appropriated from the revenue derived from taxation in the City of Englewood, Colorado, from collection of license fees and from all other sources of revenue including available fund balance during the year beginning January I, 2004, and ending 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 14,111,325 1,649,667 1,157,822 5,025,400 202,000 t • • Debt Service -Civic Center Debt Service -Other Total General Fund GENERAL OBLIGATION BOND FUND Total General Obligation Bond Fund PAVING DISTRICT #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 #3S 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 Community Development Fund DONORS FUND Total Donors Fund MALLEY CENTER TRUST FUND Malley Center Trust Fund -2- 1,579,598 681,616 S 34,680,127 S 969,620 $ 3,321 $ 4,348 $ 7,779 $ 71,039 $ S2S,OOO S 30,000 $150,000 $149,ISO $200,000 • • PARKS AND RECREATION TRUST FUND Parks and Recreation Trust Fund $ 10,360 SPECIAL ASSESSMENT SURPLUS & PEFICIENcy 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- $ S0,900 S 2,432,600 $ l,4SS,262 $ 68S,783 S 330,490 S l,lll,595 $4,524,636 $7,396,254 $23,264 ,573 • t STORM DRAINAGE FUNQ Total Storm Drainage Fund GOLF COURSE FUNQ Total Golf Course Fund CONCRETE UTILITY FUND Total Concrete Utility Fund HOUSING REHABILITATION FUND Total Housing Rehabilitation Fund $ 398,998 $2,039,912 $ 713,324 $1,062,000 Section 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 items within any groups, even though such line items may be set forth as the adopted budget for the fiscal year 2004. Scctjop 3. All monies in the hands 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 said fiscal year of 2004. Sectjon 4. All unappropriated monies that may come into the hands of the Director of Finance and Administrative Services during the year 2004, may b:-so distributed among the respective funds herein as the City Council may deem best under such control as is prov ided by law . Section 5. During or at the close of the fiscal year of 2003, any surplus 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 20th day of October, -4- t .. ,• • ...... • • Published as a Bill for an Ordinance o n the 24th 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 20th day of October, 2003. Loucrishia A. Ellis -5- BY AUTHORITY SERIES OF 2003 COUNCU. BILL NO. 71 INTRODUCED BY COUNCIL MEMBER. WOLOSYN AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY 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 Ruic Charter and Colorado Revised Statutes, to make the annual levy for City purposes; and WHEREAS, the City Council has 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 u hereinafter set forth, are proper and wise; and WHEREAS, the following levies arc 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 ~by is levied for the year of 2003, due and payable as required by statute in the year 2004, a tax of 5.880 mills on the dollar for the General Fund of the City of Englewood, Colorado, and 2.430 mills OD the dollar for the General Obligation Bond Debt Service Fund of the City of Englewood, Colorado. That the levy hercinabove set forth sball be levied upon each dollar of the assessed valuation of all taxable property within the corporate limits of the City of Englewood, Colorado, and the said levy shall be certified by law. 2003. Introduced, read in full, and puscd on first reading OD the 6th day of October, Published as a Bill for an Ordinance on the 101 • dt\y of October, 2003. Read by title and passed on final reading on the 201 • day of October, 2003 . Published by title as Ordinance No. ___J Series of 2003, OD the 241 • day of October, 2003 . Beverly J. Bradshaw, Mayor ATTEST : Loucrishia A. Ellis, City Cleric -1- • t ... I, Louc:rishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of an Ordinance passod on final reading and published by title u Ordinance No. __, Series of 2003. Loucrishia A . Ellis -2- ...... SERIES OF 2003 BY AUTHORITY COUNCll. BILL NO 74 INTR.ODUCEDBYCOUNCll. MEMBER GRAZUUS AN ORDINANCE ADOPTING THE BUDGET FOR THE UITLETON/ ENGLEWOOD WASTEWATER TREATMENT PLANT FOR THE FISCAL YEAR2004. WHEREAS, pursuant to the provisions of an aar-t between the City of Littleton, Colorado, and the City ofEnaJewood, Colondo, a budpt for the fiscal year 2004 wu duly approved by the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee on August 29, 2003 and submitted to the City Council; 111d WHEREAS, a public hearing on uid budget wu held by the City Council within three weeks after its submission at the mecdng of City Council Oil Scpa,mber IS, 2003, regular notice or the time and place or uid bealiq havina been publiahed 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, u the administering authority for the Littleton/Englewood Wutewater Trcatmcnl Plant, baa studied the budget on numerous occuions; and WHEREAS, it is the intent or the City Council to adopt the 2004 budpt for the Littleton/Englewood Wastewater Treatment Plant u now submitted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: ~-That the budget of the Littleton/Enalewood Wastewater Treatment Plant for the fiscal year 2004, u submitted by the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee and duly conaidered by the City Council after public bearina, is hereby adopted u the budget for the Littleton/Englewood Wastewater Treatment Plant for the fiscal year 2004, as follows : Littleton/Englewood Wastewater Treatment P)ant Fund Balance -January 1, 2004 Revenues Expenditures Fund Balance -December 31, 2004 S l lS,674 36,806,602 36,806,602 llS,674 ~-That the uid budget u accepted lhall be a public racord in the Office or the City Clerk and shall be open to public inspection. Sufficient copies thereof lhall be made available for the use of the City Council and the public, the number of copies to be dctennincd by the City Manager. t • • Introduced, read in full , and passed OD first reading on the 6th day of October 2003. Published as a Bill for an Ordinance on the 10th day of October 2003. Read by title and passed OD final reading OD ~ 2o" day of October 2003. Published by tide as Ordinance No. ___, Series of 2003, on the 24111 day of October, 2003. ATIEST: Beverly J. Bndabaw, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City ofEqlewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by tide as Ordinance No.___, Series of 2003. Louaiahia A. Ellis 2 • • BY AUTHORITY SERIES OF 2003 COUNCIL BILL NO 7S INTRODUCED BY COUNCIL MEMBER GRAZULIS AN ORDINANCE APPROPRIATING MONIES FOR THE LITILETON/ ENGLEWOOD WASTEWATER TREATMENT PLANT PURPOSES IN THE FISCAL YEAR BEGINNING JANUARY 1, 2004, AND ENDING DECEMBER 31, 2004, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL 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 following as the 2004 budget at the August 29, 2003 meeting. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE OTY OF ENGLEWOOD, COLORADO, AS FOLLOWS: · Section 1. That pursuant to the Littleton/Englewood Waste Water Treatment Plant agreement, tllere be and hereby is appropriated from the revenue derived from operation of the Littleton/Englewood Wastewater Treatment in the City of Englewood, Colorado, and from all other sources of revenue in the Littleton/Englewood Wastewater Treatment Plant fund including available fund balance during the year beginning January l, 2004, and ending December 31 , 2004, the amounts hereinafter set forth for the object and purpose spec i lied 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 . Published as a Bill for an Ordinance on the I 0th day of October 2003. Read by title and passed on final reading on the 20111 day of October, 2003. .. • • Published by title as Ordinance No.____, Series of2003, on the 24a, day of October, 2003. ATIEST: 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 the Ordinance passed on final reading and published by tide as Ordinance No.____, Series of 2003. Loucrisbia A. Ellis • • COUNCIL COMMUNICATION ~ Date Agenda Item Subject October 20, 2003 11 ci Transfer Funds from the Capital Projects Fund to the General Fund Initiated By I Staff Source Department of Finance and Administrative Services Frank Grvsdewicz Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Council has not taken any previous action on this topic, but the projects for which this transfer is being made have been previously approved. RECOMMENDED ACTION Staff recommends City Council approve the attached resolution transferring $271,779 from the Capital Projects Fund (CPF) to the General Fund. The sources and uses of the funds are: CAPITAL PROJECTS FUND Source of Funds; Unreserved/Undesignated Fund Balance use of Funds; Transfers Out to the General Fund FUND Source of Funds: Transfers in from the Capital Projects Fund use of Funds: Unreserved/Undesignated Fund Balance $271,779 $271,779 $271,779 $271,779 The City of Englewood is required by City Charter to ensure that certain transfers are not made without proper authorization by City Council. The attached resolution transfers funds to ensure that the City of Englewood complies with legal restrictions governing local budgeting. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This transfer is for debt service that originally was budgeted for in the Capital Projects fund, but for consiste ncy, w ill be paid out of the General Fund . FINANCIAL IMPACT This transfer will reduce the CPF's unreserved/undesignated fund balance by $271,779 and increase the General Fund 's unreserved/undesignated fund balance by the same amount These funds will be e pended fo r IBIS project lease payments. LIST OF ATIACHMENTS Proposed resolution ,. t ... , .. • • A RESOLUTION TO TRANSFER FUNDS FROM 1lfE CAPITAL PROJECTS FUND (CPF} TO THE GENERAL FUND FOR mis PROJECT LEASE PAYMENTS. . WHEREAS, the City of Englewood is required by City Cbartcr to ensure that expenditures are not made without proper appropriation by City Council; and WHEREAS, City Council bas approved the mIS lcac paymeala; and WHEREAS, the transfer of funds fiom the Capital Projd Flllld to the General Flllld is done to maintain consistency. NOW, llfEREFORE, BE IT RESOLVED BY 11IE CITY COUNCil. OF 1lfE CITY OF ENGLEWOOD, COLORADO, THAT: ~-The 2003 Budget for the City of Eqlcwood, Colondo, is bcrcby amended as follows : CAPITAL PROJECTS FUND Source ofFYQds: Unrescrvcd/Undcsignated Fund Balancc Use ofFupds: Transfers Out to General Fund GENERAL FUND Source ofFypds: Transrcn in from Capital Projects Fund Use o(Fynds: Unrescrvcd/Undcsignatcd Fund Balancc S271,779 S271,779 S271,779 S271,779 ~ The City Manaacr and the Director of Pilllm:e ad Administrative Services are hereby authorized to mak e the above chanps to the 2003 Budpt oftbe City ofEqlewood. ADOPTED AND APPROVED this,,,. day ofac.ber, 2003 . Attest: Loucrishia A. f ,s, City Clerk 1• • • • I, Loucrishia A. Ellis, City Clerk for the City ofEqlewood, Colondo, benby certify the above and foregoing is a true copy of Resolution No .__, Saia of 2003 . - 1. 2. 3 . 4. 5. Roll call present ---~ ,.v/~J~inutes cc ·• • - Members: l ' • ' •· ' • ·• -. • • ~ .~ I ' • • • ·• • - ' 0 j • • • ·• • • ~ I I \ L~ AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL MONDAY, OCTOBER 20, 2003 7:30P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. '7: j 1 j}-IIA---- 2. Invocation. 17 ~ 3. Pledge of Allegiance. h~ 9. Public Hearing. (None Scheduled) __g- 10. Consent Agenda . • • -·· Englewood City Council Agenda ~~'4 L October 20 , 20 3 Page 2 ty>p/6-o ~'J:.;111 Approval of Ordinances on Second .Reading.. ~ ~ ~ ~ b. ouJ.ih_/)1 i. Council Bill No. 67, extending the Radio Tower Property Lease with ABC,~ J/J.~ _, Property Ventures. -~ (}? J_~ f"} {!ii. ~t~~;tl Bill No. 68, approving an Encroachment Agreement at 2931 South Washington .It... 1 iJ. f) / iii. Council Bill No. 69, amending the Englewood Municipal Code to give staff more (/ ~~ flexibility in granting encroachments into the public right-of.way. 11 IJ~ Council Bill No. 70, authorizing a License Agreement and Construction Easement for {Jl dAF---City Ditch at 3701 S. Logan Street c. Resolutions and Motions. ~ 11. Regular Agenda. Council Bill No. 73 · Recommendation from the Department of Finance and . . _. ~ J Administrative Services to amend the bill for an ordlnan<:e appropriating the City of '{1/vf",V, Englewood's 2004 Budget and to approve the ordinance on'flrst reading. STAFF ~,,, ,J.JJ-OURCE: Frank Gryglewk:z, Director of Finance and Admlnlllratlwe #'~Approval of Ordinances on Second Reading. (}?j ~ QJb-"4.9'cil Bill No. 71, approving the 2003 Mill Levy for collection in 2 A a n~i,focil Bill No. 74, approving the 2004 Budget for the Littleton/Englew OW' ~,~ ~ ~atment Plant tf/)Jtj t ,j:11:")Council Bill No. 75, appropriating the 2004 B '} r,?:;s. 't/ Wastewater Treatment Plant. // ~ (J)) T/S C. Rrsolutions and Motions. -------------- i. Recommendation from the Department of Finance and Administrative Services to adopt j / 1 1 ,..,_J_ c;-ry resolution transferring funds from the Capital Projects Fund to the General F~~ V ~ 0-5 STAFF SOURCE: Frank Gryglewia. Director of flwla and~-··/ .... cf#Q -0 Pl ease note: If you have a disability and need auxilwy aids Of services, please no4lfv lhe City of [nstewood (303,76 2-2 405) at least 48 hours in advance of when service1 are needed. Thank ' • • Englewood City Council Agenda October 20, 2003 Page 3 12. General Discussion . a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report 14. City Attorney's Report Adjo,m~9"r Plt>a e note: If you have a disability ind need auxiliary aids or seivice, please notify the City of (3 03-7 62 -2405) at lt'ast 48 t>ours In advance of when services are needed. Thank