HomeMy WebLinkAbout2002-01-07 (Regular) Meeting Agenda Packet..
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Regular City Council Meeting
January 7. 2002
Ordinance #~~~4. 5, 6. 7. B. 9. 10. 11. 12. 13
Resolution~~.~ ,,tt(' ~ 6. 7, 8, 9, 10. 11. 12. 13
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Jle&ular S-00
Juury7,H02
I. Call to Order
The replar mectin& of the Englewood City c.ouncil wu called to order by Mayor Bndlbaw at 7:30 p.m.
The invocation was given by Council Member Nabbolz .
3. ........ ., Allepaaee
The Pledge of Allegiance wu led by Mayor Bradahaw.
4. RollCaU
Present:
Ablent:
A quonuil WU present
Also present:
Council Memben Nabbolz, Moore, Grpdis, Garrett, Wolosyn,
Bndlbaw
Council Member Yurcbick
City Mmapr San
City Anorney Brummn
Allilllat Cily Mameer Flabeny
City Clerk Ellia
Dinctar Ollaa, Safety Services
Battalion Chief Bna
Fin DivilioD Cllief Loc:nood
Blllimu 111d Rednelopmeal Coordimtor ,._
Mamger of Open Space Lee
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Mayor Bradshaw wished everyone a Happy New Year.
5. Minutes
(a) COUNCIL MDIBER GRAZULIS MOVED, AND IT WAS SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MUTING OF DECDIBER
17,2801.
Mayor Bradshaw asked if there were any CClllllllellll, conectialll or additilm. 1'llae were m.
Vote rellllts:
Aye1 :
Nays :
Abstain :
Absent:
Council Members Nabbolz, Moon:, Wobyn, Onzulis, Bradlbaw
Nooe
c.ouncil Member Oanelt
Council Member Yurcbick
EnsJewood City Coundl
January 7, 2002
Paae2
Motion carried.
6. Scheduled Viliton
(a) Mayor Bradshaw advised that Fire Division Chief Kieth Lockwood would be addressing
Council to acknowledge the efforts of the Fire Division penoonel.
Director Olloo noted this is a Fire Divi1ion abow here toniaht. I juat wamed to uy thank you to Chief
Lockwood and Chief Brum, he uid, for settina this up to acknowledae aome of our firefigbtcn who, in the
last few monlha, were involved in aome pretty •ianificant 1ituatiolll where their lkill and dedication really
came to the foreliont. Normally durina the year we have an awards ceremony, but Chief Lockwood and
Chief Bruna felt they would like to have thele firefighters come before Council, u ColDICil normally does
not attend the ceremony.
Fire Division Chief Lockwood wished everyone a Happy New Year. He said, u Director Olaon indicated,
it is not our intent to try to glorify what we do. Too nu:b of the time, in the Fire Services, we juat accept
what we do u part of our job and go on about our business. In some diacussiona I bad with Chief Brum, be
said, after some recent incidents, we decided that we really need to brina thele firefipten over here and
have them recognized by ColDICil, juat to let you know that we are out there working bard for you. As luck
would have it, the two incidents we will be recognizing these firefigbtcn for, happened on Chief Bruns•
shift, so I will defer to him to introduce the firefighters and describe the incidents.
Battalion ChiefBnms thanked Council for their time. At this time, be said, I would like to bring the
firefighters up front. Chief Bruna Slated we are here this evenma to recognize these firefigbtcn for a
couple of different incidents that took place over the lut year. The fint illcidelll I will talk about occurred
on Auguat 26. 2001. It wu a Sunday momma, we bad been OD duly for apprmiaaeely 4S miDulea and we
bad a call to a ltnlCtUre fire at 3340 Saudi r-ylvania. Upon aniYal we foWld a dne-ltary apar11m111
buildina with heavy IIIIOU and 0.-OD lhe Md floor. At dlat time Fildpllr Ed Lebeau and Fiff
Medic I.any Nylander were -iped to ..-cb and-. Cbief'Bna adviaecl dial File Medic Nylander
couldn't be with UI this cveniua U be bu a family 6-piK.f at llome. lie aplaiMd dlat -91 wl
rescue is a Fiff Deputmenc 1erm that buically-wbea all Ille citizem me -ms out oflhe fin, these
guys are running in. Some people woulcl quatioll the lop: in that, bul lbeae auya jult say dlat ii my job
and that is what we do. They opened the door, entered the 1pU1111eD1 111d found that the apartment wu tilll
of flames and thick black ffllllke . The IIIIOU was IO thick they couldn't -their band in froal of their
face. They started searching the aputmeDt and came ICIOII the residcnl of the apal1llllml lyina in the
middle of the living room. We found out later the fire bad started in the back bedroom and she bad made it
to the living room before she succumbed to the smoke. She had second and third degree bums over 45% of
her body, had suffered from smoke inhalation and she wu IDICODSCious and barely breathing . These guys
took her out of the apartment, carried her down three flights of stairs, administered tint aid and got her
ready to go to the hospital. She was transported to University Hospital and due to the efforts of these two
firefighters they unequivocally saved her life.
ChiefBruns advised that the second incident happened to Driver-Opcntor-Enginccr Mark Jacobson and
Firefighter Sean Mulvihill. There were two other firefighters usiped to their coiq,any, one was
Lieutenant Andy Fox, who couldn't be here this evening and, again. I.any Nylandff. He explained that
company refers to whatever unit they are usiped to. We have enaine companies, relCIIC companies 111d
one truck co~ny. These firefighters were assigned to EDplC Co~y 21 at the time, be said. It -a
four-person engine. They were out doina a routine fire inlpection 111d they were atopped at a stopli&ht.
They saw a juvenile male run in front of the enaine carryina a _,_•,pune. A couple ofoldercitizcas
were chasing them and hollering at them. They turned OD the liahts of the engine. The auapect -
running towards a parking lot. so they drove the enaine over ~ the parkina loc and CUI off hil path. Two
of the firefighters j~ off the engine and subdued the suapect. They held him there until the police ..,
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Enslewood City Council
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responded. Chief Bruns commented that this is, obviously, not in their job description. They saw the need
for action, they look the appropriate action, and we are here this evening to recognize them.
Mayor Bradshaw said I think we owe them a round of applause .
Fire Division Chief Lockwood advised that Ibey consider the acts performed by these firefighters to be
meritorious service and Ibey have all been nominated to receive that award at a ceremony within the
Department of Safety Services, which will take place in anocher month or so .
Mayor Bradshaw asked Chief Lockwood to let Council know when that ceremony will take place. Some of
us will try to attend, she said.
7. Unscheduled Villton
(a) T. W. Anderson noted it is a little different from when he appeared before the Englewood
Council fifty yean ago. I want to congratulate you all on the job you are doing in the redevelopment of the
Cinderella City area. I think you are doing a marvelous job, he said, and I am reaJly proud of you. Those
of you on the Council probably don 'I know who I am or what I have done in the past, he said, but time
doesn't permit me to go into that. Mayor Bradshaw encouraged him to give the highlights . You are a
pretty famous person, she said, and Council needs to know about you .
Mr. Anderson advised that he built Haq,den Hills al University and Haq,den in 1952. I also built
apartments on South Bannock and in 1972 I built the buildings across the street. I brought Exxon
Corporation and Sinclair Corporation from my building that I built downtown, al 1860 South Lincoln, out
here and Ibey provide a lot of jobs for the City of Englewood. Englewood's influence goes beyond the
limits of the City of Englewood, he said, because I ran the water and -clear out to Counly Line Road
for the City of Englewood, which now serves the City ofCcmennial. I laid it out for the Commiuioners in
1953, all the way from Broadway to Holly, On:bard to County Line Road. I wu also Chaimml oflhe
Airport Authority . The Authority di,d the Arapahoe County Airp!>n for the Commiuionen. So I recognize
the job that you folb are doing here, he said, and I hope you continue. I have one suggestion, which I
talked to Gary Sears about. I would like for you to see if you can have more space for office buildings,
because Ibey provide jobs. You have RTD here and you have the additional apartments to provide housing
for the people. So, he noted, if you had additional office buildings all Ibey would have 10 do is get on their
bicycle or walk across the street. As I was telling Mr. Sean, people are going to get awfully tired of that 1-
25 deal, going south, for the next five years, he said, so I think you have an opponunity to really do
something. Again, he said, thank you and ii has been nice lo see you all .
Mayor Bradshaw said it has been nice to see him.
8. Communications, Proclamations and Appointments
(a) Mayor Bradshaw said recently elected Englewood Municipal Court Judge Vincent
Atencio will be sworn in by the Honorable Judge Randall Davis. Judge Davis is the first appointed judge
in the City and County of Broomfield.
Judge Davis asked ifhe might take a moment of personal privilege. I bring you greetiD&s from your mends
to the northwest, Mayor Karen Stuart and the members oflhe Broomfield City Council. They asked that I
convey their best wishes and wish you a good new yeu. Our Council, be uid, now serves in a dual
capacity as they also serve as the 8oud cf County Commissioners in the new city and county . I have
known your judge, Vincent Atencio, for nigh on to 25 yeus. He and I wae bodl in private practice,
working the circuit together and coincidently both becunc judges II approximately the sunc time.
Approximately 15 years ago I becunc the presiding judge of the Wheat Rid1e Municipe) Court. I appeared
in Wheat Ridge last week to discuss the hiring of my replacement, as I had to resip when I was appointed
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County Judge . Your conteq,oraries in Wheat Ridge, Mayor Gretchen Cerveny aad the members of the
Wheat Ridge City Council, also send their best wishes. One of my most notable accoq,lisbments while I
wu in Wheat Ridge, be said, wu that I wu able to hire away your then Deputy Court Administrator
Tamara Wolfe as my Court Administrator and me served with us for three years before Ena)ewood hired
her back as the Court Administrator. So I bave some tin to your court tbat go long and dr.ep . Vince
Atencio started, apparently, u oae of your put-time jud&es some fifteen yean qo and four yean ago wu
elected to bis first full-term u the praidina judp oa a full-time bail. I'm DOI an you all fully appreciate
tbia, be said, but your City baa the diltinctioa of having a Cbai1er that is unique, perbapl in any ways. but
cer1aialy u far u the proceu for selecting judaes. Your Cbai1er provides for the only popularly elected
judge in the State ofColondo that .... in ID electioa with oppoaeDll, lboulcl IDY c:boole IO run. Your
Judp Atencio is in fact 10 popular that DO oac, dlole ID rua apiast him Ibis lat time, be said, and I
uadentand lhat be -oae of the Iaraest VOie paas iJI the lat eledion. Pablpa tbll -y have beea by
default, but I always like ID think that it -became be -doina IIICb a fine job tbal DO ane dlole ID run
against him aad that is certainly my evaluation of his job. So I am delighted and honored that be asked me
to administer his oath of office. We've cbecbd and I candotbat, be said. I bave the autlxwity to
administer oath& of office throughout the State of Colorado, IO it will be official and bis term will
commence upon the sweariJJ& in. Tbanlt you for inviting me , be said, it is my pleasure to be here.
Mayor Bradlbaw tbaabd Judge Davis.
Englewood Municipal Court Judge Vincent Atencio was swora in by Judae Randall Davis .
There wu a round of applause .
Judge Atencio thanked everyoae for giving him the opportunity to serve u the Municipal Judge for aaotber
term. I think those who know me, know bow nu:h I eajoy my job aad bow proud I am of the job we do . I
think, be said, that we do ID eiu:ellcat job ID provide aoocJ aervic:e IO the City. I also would like IO diaalt .
Judge Davis for being here . He is a celebrity, u the fintjudgc for the City aad Coualy of Broomfield and,
be said jokingly, be read the script of my acc:oq,liahments juat u I MOiie it. Judp Atancio tbaabd
everyone .
9 . Public Baria&
No public~ -scheduled before Council.
10. Coaseat A&ead•
Mayor Bradshaw asked if anyone wanted to remove anything from the Comeat Agenda .
COUNCIL MEMBER GARRETI MOVED, AND IT WAS Sl:CONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (a) (I) aad (U), 10 (b) (I) ud (U) AND 11 (c) (I), (U) ud (Ill).
(a) Approval of Ordinances on Fint Reading
(i) COUNCIL BILL NO . I , INTRODUCED BY COUNCIL MEMBER GARRETT
A BILL FOR AN ORDINANCE AMENDING TITLE 12, CHAPTER IB, SECTIONS 4, S, 6 AND 7;
TITLE 12 , CHAPTER I, SECTION 4 AND TITLE 12, CHAPTER 2, SECTION 4, PERTAINING TO
TH E WATER AND SEWER SECTION .
(ii) COUNCIL BILL NO . 2, INTRODUCED BY COUNCIL MEMBER GARRETT
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A BILL FOR AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SEcnON 4, OF THE
ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO PRIVATE SEWERS, CONNEcnONS
AND REPAIRS REGARDING LIFT STATIONS .
(b) Approval of Ordinances on Second Reading
(i) ORDINANCE NO. l, SERIES OF 2001/2002 (COUNCIL BILL NO. 83,
INTRODUCED BY COUNCIL MEMBER WOLOSYN)
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED
"AGREEMENT REGARDING DESIGN OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS
FOR LITTLE DRY CREEK AT THE CITY DITCH" BETWEEN TIIE URBAN DRAINAGE AND
FLOOD CONTROL DISTRICT AND THE CITY OF ENGLEWOOD AND THE CITY OF CHERRY
HILLS VILLAGE .
(ii) ORDINANCE NO. 2, SERIES OF 2001/2002 (COUNCIL BILL NO. 84,
INTRODUCED BY COUNCIL MEMBER WOLOSYN)
AN ORDINANCE APPROVING AN ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT
PERTAINING TO INST ALLING RAMPS, WALLS, STEPS AND RAILINGS ASSOCIATED WITII
PROVIDING ACCESS TO THE ENTRANCE OF TIIE BUILDING LOCATED AT 3384 SOUTH
BROADWAY IN TIIE PUBLIC RIGHT-OF-WAY TO MEET THE REQUIREMENTS OF THE
AMERICAN DISABILITIES ACT.
(c) Resolutions and Motions
(i) RESOLUTIONN0.1,SERIESOF2002
A RESOLUTION DESIGNATING THE BULLETIN BOARD ON TIIE NORTII SIDE OF TIIE
SECOND FLOOR OF THE ENGLEWOOD CIVIC CENTER AS THE omCIAL POSTING PLACE
FOR ALL LEGAL NOTICES OF THE CITY OF ENGLEWOOD FOR 2002.
(ii) RESOLUTION NO. 2, SERIES OF 2002
A RESOLUTION AUTHORIZING AN AMENDMENT TO TIIE ICMA RETIREMENT
CORPORATION GOVERNMENT AL MONEY PURCHASE PLAN & TRUST ADOmON
AGREEMENT FOR THE ENGLEWOOD POLICE OFFICERS 401a MONEY PURCHASE PLAN
(PLAN).
(iii) RESOLUTION NO . 3, SERIES OF 2002
A RESOLUTION AUTHORIZING THE COLLECTIVE BARGAINING CONTRACT BETWEEN TIIE
ENGLEWOOD POLICE BENEFIT ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE
YEARS 2002 -2003 .
Vote results:
Ayes:
Nays :
Absent:
Motion carried.
11 . Resular Apnda
Council Membcn Nabbolz, Moore, Garrett, Wololyn,
Grazu1is, Bndlbaw
None
Council Member Yurcbiclt
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Jaauary 7, 2002
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(a) Approval of Ordinances on First Reading
(i) A recommendation from the Department ofConununity Development to adopt a
bill for an ordinance authorizing a temporary reduction in Admissions Tax was considered.
Council Member Moore stated that be would like to request that Council continue a vote on Agenda Item
11 (a) (i) to the next session to give him an opportunity to uk a few questions to be answered and ditcuased
at the next available Study Session.
Mayor Bradshaw asked if that was okay with Council.
Council Member Garrett uked if Council needed to let a date. Mayor Bradshaw advised that the next
Council Meeting is January 22 ...
Council Member Garrett aaked if that would be enoup time for staff to answer Mr. Moore's questions.
Council Member Moore said it would probably be enoup time.
Mayor Bradshaw aaked if he wanted to let it for January 22 .. or the fint meetina in February.
Council Member Garrett asked bow extensive the questions are, became probably by the time you get the
answen back the only available Study Session time will be rigbt before that mcetin&-
Mayor Bradshaw advised that the fint mcetiJ1a in February is the 4•.
Council Member Grazulis noted that Council Member Moore's quntiom, and the answen be gcll. may
raise other questions . ·
Council Member Wolosyn advised that the ACE commiaee brought this forward and they meet on
Thunday. She uked if it was appropriate, or if it would be poaible, for them to see the quatiolll or be
made aware of them when they meet. They meet at 11:00L m. on Tbunday. lftbeycould pl a copy of
the questions, she said, they would not neceuuily need the answers.
Council Member Moore said be would do bis bell to ~ the lilt of questiolll by the time they meet.
Council Member Grazulis pointed out that Council Member Moore waa scheduled to leave town tomorrow.
Mr . Moore said yes, but that waa okay.
Council Member Wolosyn said she would bring it up to the commiaee on Tbunday.
Mayor Bradshaw asked Council Member Moore ifbe would try to pl Ma . Wolosyn a brief outline. She
pointed out that Council is postponing this, it is not being tabled.
Council Member Wolosyn feh it waa iq,or1ant that ACE be made•-oftbe aa1111e oftbe qimtioal.
Council Member Moore said that abould be no problem.
Council Member Wolosyn said be could give the infornatioa to J• Jolmo:I, if that -eaier.
Council Member Moore said he would give die informaliaa to City ~ Sean and aak that lie l'acililale
that.
Ciry Manager Sears stated be would facilitate that.
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COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO CONTINUE A VOTE
ON AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 3 -TO THE n:BRUARY 4, 2002 CITY
COUNCIL MEETING.
COUNCIL BILL NO . 3
A BILL FOR AN ORDINANCE AUTHORIZING THE TEMPORARY ADMISSIONS TAX
REDUCTION FOR A TWO-YEAR PERIOD .
Voteraulta:
Ayes:
Nays:
Ablcnt:
Motion carried.
Council Memben Nabbolz, Moore, Ganea, Woloayn.
Grazulis, Bndlbaw
None
Council Member Yun:hick
(b) Approval of Ordinances on Second Reading
(i) Council Bill No . 36, amending Tide 7-IA oftbe Englewood Municipal Code
pertaining to dogs and cats wu considered.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (b) (I).
ORDINANCE NO. 3, SERIES OF 2001/2002 (COUNCIL BILL NO. 36, INTRODUCED BY COUNCIL
MEMBERS YURCHICK/ GARRETT/BRADSHAW)
AN ORDINANCE AMENDING TITLE 7, CHAPTER IA. OF TIIE ENGLEWOOD MUNICIPAL CODE
2000, PERTAINING TO DOGS AND CATS. '
Mayor Bradshaw asked if there were any quesciom or dilcuuion. There were -·
Voteresulta:
Motion carried.
(c)
Ayes:
Nays:
Absent:
Council Memien Nabbolz, Moore, Ganea, Woloayn.
Gnzulis, Bndlbaw
None
Council Member Yun:hick
Resolutions and Motions
(i) M-ger of Open Space Lee advited dial Director Black 1m1 bia apolosies. He
had in1ended 10 attend 1onight's Council Mcetin&, bul bia eucr&)' level isn't quile there yet, tbia beiDa bia
fint day back. So, he said, I am llaDdina hrR iD bia place. Mr. Lee praemed a 1e.: ••••wlMim from tbc
Departmmt of Parks and Recrealioa to adopc a raolulinn audiorizinl • off-leallt pilot,..._ for dop
for up to one year in lmalh. subject to review and ammdmnU at any pvm time cluriDa tbc year. TIie Code
Enforcemcnl Advisory Conunitttt and the Enalewood Pub and Recreatiaa Cmnieeiw held a joilll
meeting and dctmnined dial specific pub in Enpwood would he 1Mi1 t • ..._... _ for die
pilot proarun. which will rua fur a period or-year. TIie off-leall parb wiD be Ncdlwell Onlllbell,
Centennial, Dwican. Bates/Lopn and J-. All ocher pub will require tbat dop he OD-leall at all times.
He asked if there were any quesciom.
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Council Member Garren said be wanted to add that even in those parks where they can be off-leash, they
must be -under voice command and leubed in playground ueu.
Manager Lee said yes, they must be leubed in playground ueu and the owner shall have a leash on their
person.
Mayor Bradshaw thanked Mr. Lee for facilitating this with both boards. She commented that we might be
finished with this.
Council Member Garren opined that we will never be finished with this. He said be would like to thank the
Advisory Conunittcc and the Conunission and their joint effort in trying to come up with a c~miee
between the dog lovers and thoee that would to have them under more control .
Council Member Gnzulis said she would have to second that commcm. I know there have been a lot of
people on both sides of this iJSue. It bas almoat been SO/SO, the uid, and I know IOIIIC people would
disagree with me, but I am so happy they came up with a ~le compromise.
Manager Lee stated be bas already bad two conversations with people that aren't necessarily happy, but
they at leut undentand.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM II (e)(I).
RESOLUTION NO. 4, SERIES OF 2002
A RESOLUTION ESTABLISHING A PILOT PARK PROGRAM IN TIIE CITY OF ENGLEWOOD,
COWRAOO FOR OFF-LEASH DOGS.
Vote results:
Ayes:
Nays :
Absent:
Motion carried.
12 . Geaeral Dbeallioa
{a) Mayor's Choice
Council Memben Nabbolz, Moore, Garrett, Woloayn,
Grazulia, Bradsbaw
None
Council Member Yurtbick
( i) Mayor Bradshaw puled out the memo detailing her travel CllpCIIICI to aaend
the National League of Cities Conference. I talked to Sue Bradshaw today, the said, and I doa't like <loin&
this last minute like this, but she needa to do it to get the rooms. But in the future I tbillk we need to decide
if we are going right when these things come out, so we can take advlJlla&e of the cheaper reptration, plus
the airfare , because my airfare ii S4SI .OO round-trip and lllllllly it bu been NmUJ11 $1,200.00. I would
like Cowx: ii' s approval to aaend thia Conference, the said, if pouible. I will be ftyins out 11lunday and I
will be in W illiamsburs until Monday 11111111ina-Then I am takina the hill up ID W ......... D. C., so I
also only have two nights lodaing.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS S&CONND, TO APftOVI: MAYOR
BRADSHAW'S TRA VIL EXPENSES JOll TIR NLC CONRUNCI IN MAllCII JIIZ.
Mayor Bradshaw stated that the would be abltainiJla.
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Vote results:
Motion carried .
Ayes :
Nays :
Abstain:
Absent:
Council Membcn Nabholz, Moore , Garrett, Wolosyn, Grazulis
None
Mayor Bradabaw
Council Member Yun:bick
Mayor Bradabaw thanked Council.
(ii) Mayor Bndsbaw said she WIS pusing out a Study Session Chair Scbcdule,
which she had previously dilCUIICd wilh Council. We an= going to try one a momh 1111d then we can always
incRlle that She notcd it WIS one thing lhat Ille promised Council they would be doing. If dime data
don't work for you, she said. then just let me know ahead of time or IWitlch unong yourselves or something
like that. She explained lhat OD die W ednetday before die Monday meetings she usually meets wilh City
Manager Scan 1111d City Attorney Brotzman 1111d Ibey discuss what's going on in die Study Session.
Mayor Bradahaw asked if therc ~ any questions about this .
Council Member Garrca poinled out dial IOllldimea Council does not meet OD the founb Monday. Mayor
Bndsbaw said if we don't meet then we will move you somewhere else. She said it is die fifth Monday
lhat -don't usually meet.
Council Member Garrett said sometimes wc don't meet OD die fourth Monday . Mayor Bndahaw said
okay.
(iii) Mayor Bndlhaw adviled lhat she JCll a lot ofrequesta for proclaaatiom that
arc truly unique at times. I lllillk what I would ratbcr do, she aid, is cimllatc a sheet 111111111 Council at
Study Sessions for you to de1lmnine which oaea you would support
Mayor Bradshaw noted lhat wc did act a thank you DOie from die 2001 World Population A--. Weck
1111d therc is a brakfast on Wednetday die 23,. at the Capitol Hilton in Wuhington. D. C. I will lCllll lhem
a note and say thank you, but WC -·t be these at lhat time.
Council Member Garrett abcl when die lnakfut -being held. He said he might be therc 1111d miaht be
able to make it. Mayor Bndlhaw said Mayor Pro Tan Garrett will be aaendina lhat brakfalt Mr. Garrett
said he would read about it 1111d aec ifhe could attend. Mayor Bndabaw tbanbd him.
(iv) Mayor Bradshaw stated lhat when groups use CityCcnlcr there arc some rights
and respooaibilitics lhat go along wilh dial Staff is slowly working lhroup that, Ille said. but I just wanted
you to know that it is a tough process. We had an iaauc with a group 1111d we an= trying to collect from them
to pay for die clean up . Hopefully WC will be SUCCCllful . So, she noted, WC -takin& good can= of
CityCenter and I think wc need to continue to do dial
(v) Mayor Bradshaw stated lhat Susan Beckman called her this morning and said if
anyone on Council is interested in aerviq on Mctto Vision 2020 lolbc:oamilllioe lhat you an= to cOlllact her .
She advised Council Member Wololyn lhll lhat is 10rt of a DRCOG thing . Ma . Wololyn said Ille would
be intcrnted. Mayor Bradshaw said she would give her Ma . Bcckman'a phone number.
(vi) Mayor Bndabaw said Ille received a call lat nipl from SbciJa Jonea, die High
School journalism ICICbcr , and they want to use CityCcnter for the Hip School Praa A.uocialioa 's
February Conference . Staff is tryin& to work with diem, she said. but the problem with lhat ii 1h11 in our
Commurul)' Room we really don ·1 have -sh outlets for sixty kidl ID plus in CIJllllll*rl at die -time .
I think we can work around lhat. she aid, and we are looking at die Recnalioa Cemer or ----..
..
t
..
•.
• •
Enpewood City Council
January 7, 2002
PqelO
City Manager Sears said the Malley Center is a possibility and we will see what we can do to accommodate
them.
Mayor Bradshaw said we will be hosting that and that is quite a coup to have in our City.
(vii) Mayor Bradshaw advised that the Colorado's Finest Alternative High School's
graduation is January 1 s•. I will just circulate this, abe said, and juat put yea or DO if you arc going to
attend and we will call in the raervationa.
(viii) Mayor Bradshaw noted that the Metro Mayon Caucus bas been very active with
e-mails and they arc trying to get us to give our 2002 Private Activity Bond allocation to them. I passed the
information on to staff, sbc said, they bave reacm:bed it and I uadentand Director Simpson has formed an
opinion.
City Manager Sears advised that either be or Bob S~ could address this iaue. Mayor Bradshaw sent
the information to me, be said, and I asked Director Siq,loa to take a look al it, becaUle he is probably u
close to this u anyone in tau. of the whole isaue of Industrial Revenue Bonds and Private Activity Bonds .
Mr. Sears stated that this year we were desipatcd u an Clllity to receive an allocatioa of bond money. In
the put, be said, Coaacil bas seen fit, through Tom Bums' leadenbip, to tnmfcr the -jority of that to the
Metro Mayors Caucus for I bigger pool. They have asked Mayor Bradlbaw to coanm. to do that. The
decision to transfer dlOlc funds does not really need to happen ualil March of this year. What we wanted to
do, be said, wu have our bond commel, Vicki Ma&tox, and alao, with City AUoraey Brotzman '1 help, have
the bond attorney that would relate to that, talk to Council about bow thole funds would be uaed. City
Mamaer Scan adviaed that the funda can be med for ecoaomic developmeal pulJIOMI and there is also a
housing coq,onent, so those funds can be med internally. We would like to IChedule tbcac people to talk
to City Council about this iuue at a couple of Study Sesaioal. He asked if Mr. Sinlplon would like to add
anything else to that Dim:tof Simploa said be felt City Manapr Scan bad covered it pretty well.
Mayor Bradshaw said lhe wu going to give the packet of the imterial to Cheryl St Clair. I have a
Housing Authority meetin& OD Wednesday night and I thought it would be. pxl thin& for ber to look at
too. Because, W noted, we received I really goocl allotment this year.
(ix) -Mayor Bradshaw advised that lhe received a letter from Tbomu G . Brown. The
letter said "I would like to confirm somctbina of which I am coofidenl that you arc already aware. You
have some outstanding C1J11loyces in Enatewood-Two weeks or so aao I received a speeding citation, from
a most professional and friendly officer, while driving through your City. I did not get his name and cannot
make out his name on the citation, however be is officer No. 9201 . A couple of days ago I then made 1
phone disposition on the matter and dealt with a lady named Debbie. She too wu extremely profeaaional
and also very, very friendly and helpful. There wu a mix-up u to wbctber my driving· license wu in force
( it was) and she went out of the way to make pbont calls to verify that fact While DO one likes to receive a
speeding ticket, I must say the whole experience wu, under the circ-taacea, moat pleuant. Keep up the
good work and have a Happy Holiday." Mayor Bradshaw said I think we sbould keep tbnc letters.
Director Olson thanked Mayor Braduaw for readiaa the letter and DOied be bad also recetved that letter.
He advised that the Officer on that call wu Brian Mueller.
(x) Mayor Bndabaw adviaed tllat die E8llewood Cbamber ofC-ii llaving
a P~ Y ounelf Night on Tueaday from S:00 p.m. to 8:00 p.m. al die aid Hampden Hobacic Cenler, JSO I
South Corona. Unit I .
(xi) Mayor Bndlbaw advised tllat she illl liped a leaer 10 RTD 11111 illl llbd Sue
Bradshaw to give ber copies. Basically, I think what bappencd -11111 December 12*, al die RTD
Eapewood City Coundl
Jaauary 7, 2112
Papll
praemation, one of the members of the staff got into a tite-i-tite with one of our citizens and was pretty
rude, I thought, to the citizen. I DIClllioned it to Suun Altus, she said, and we ue having a letter forwarded
to RTD . lhave talked to Jim Zavist about it and be said be appreciated die phone caU . Mayor Bradshaw
noted that Council Memben Wololyn and Grazulis were lbere. She noted die letter speaks pretty
specifically to that. I will make sure you receive a copy of the letter, she said.
(xii) Mayor Bradshaw said she receive a key that says "Get Out of Jail Free." It is an
invitation to the new state of an additions to die Arapahoe County detention facility and I can't make tbat.
If anyone would like to alteDd, she said, you certainly may.
City M-aer Sean advised that be bad received an invitation and be plam to aaend.
It was determined that everyone on Council bad received an invitation. Mayor Bradshaw said she just
wanled to mllte sure she wu not receiving things that die rm of Council didn't know about.
(xiii) Mayor Bradshaw said wllen abe came in tanipl lbe recciYecl a letlcr and
pictura taken at Clayton Elementary School since die new CODl1nlctioa. Tbe leteer says " die modlen have
asked teachers about the safety hazards and have been told that everything ia up to Code." Ma. Bradabaw
stated there ia a real danpr bee. Sa City Maapr Sean c:onllCted Lance SmidL CbiefBuildina Official
Smith responrled that the City of Englewood BuiJdina Diviaion doea not bave the juriadiction to take any
action reprding the coq,laints from the "Motben of Clayton." Mr. Smith advised that for buildina code
iaauea the coq,lainants would need to contact Waym Horn wilb the Depadmelll of Labor, Public Safety
Section and in regard to maintenance iuuea for du& facility they would CGIIIIICt Gary Ricbanllon.
Mayor Bradshaw DONd it ia really not a Cily of £Dalewaod iaue, it is a State iaue.
City Manaaer Sean said, if it is okay with Council, -ue loins to So ahead and bwud lbae to Stephen
White over there, so they cm take a look at dlOle.
Mayor Bradshaw asked City Manager Sean to lave a leteer pnpmed for her liplture to be ICDl with those .
I would appreciate it, she said.
Mayor Bradshaw commented that the City doea a lot oftbinp, but-1m1·1 that a-. She shared the
letter and pictures widl Council.
(xiv) Mayor Bradshaw said she bad one request of staff. I would like to have the
number and type of employees -have added since the move to CityCenler .
•••••
Ma yor Bradshaw thanked everyone for listening .
(b) Council Member's Choice
(i) Council Member Nabbolz:
1. She said lbere was a lip oa Soudl Delawme that aid Mela( diild." TIie City we111 out 11111 cut it
off, but didn 't cut it off at ground level so it llicb up approximalrly lix iDcbea. It ia a ieal lazant ripl
there: by the side-lk, she said. It is bctWl:Cll 3060 and 3068, ripl there oa dial property line.
2. She said she just bad a questioa. Even tbouah -ue njoyma die beauliluI liallll. ue -lavina
them up until the Stock Show? Mayor Bradshaw said she tboupl so. Colmcil wu adviaed die liplS
would be: up until the Stock Show is over.
Enpewoocl City Councll
Jaauary 7, 2N2
Pqell
(ii) Council Member Garrett:
I. He noted there wu a resolution on the Agenda ape1;ifying Aid to Other Agencies for 2002. He
asked that the Clerk uaign the resolution a number and read it by tide .
[Clerk'• note: This item wu lilted u 12 (b) (i) on the Agenda.]
The resolution wu uaigned a DUlllber and read by title :
RESOLUTION NO. S, SERIES OF 2002
A RESOLUTION SPECIFYING AID TO OTHER AGENCIES FOR 2002 BY THE CITY OF
ENGLEWOOD, COLORADO.
COUNCIL MEMBER GARRETI MOVED, AND IT WAS SECONDED, TO APPROVE
RESOLUTION NO. 5, SERIES OF ltll.
Mayor Bradshaw asked if there were any questions or commeotl. There were none .
Vote results:
Ayes:
Nays :
Ablcnt:
Motion carried.
Council Members Nabbolz, Moore, Garrett, Wolosyo,
Grazulil, Bradshaw
Nooe
Council Member Y8'Cbict
2. He uid be had a tbank you, &om bi.a peupectm, fur Mayor Bndlbaw'1 e-aaill. Far me, be uid,
e-mails are a convenient way to get information fairly quickly in the time I have alloaed to look at City
materials . So, be uid, I want to thank )'Oil for aeadiog out your e-naila.
Mayor Bradshaw uid she would keep doing that if that ii okay.
Council Member Wolosyo asked if Mayor Bradshaw bu been sending out the e-mails rqularly. If ao, she
said, maybe I am not on the lilt anymore . I get my e-mail forwarded tbrou&h the City and aometima it
drops off.
-Mayor Bradshaw advised that she sends Mayor Pro Tem Garrett e-mails reprding anything that she bu to
do, that he might have to cover for her. Mr. Genett noted he also receives aome &eneral communication
type items .
Mayor Bradshaw said yes, she e-mails Mr . Garrett some general communication items and the Transit
Alliance and Metro Mayon stuff.
(iii) Council Member Wolosyo :
I . She said she would also like to request approval of her !ravel expemea to allmd the NLC
Conference.
COUNCIL MEMBER GARRETJ' MOVED, AND IT WAS SECONDED, TO APPROVE
EXPENSES FOR COUNCIL MEMBER WOLOSYN FOR 11IE NLC CONnasNCS IN
WASHINGTON, D.C.
Ayes : Council Members Nubolz, Moore, Garrett, Onzulia, Bndabaw
Eapwood City Coulldl
Jaaa1ry 7, 2002
P11e 13
Nays :
Abstain :
Absent:
Motion curicd.
Nooe
Council Member Wolosyn
Council Member Yun:hick
2. She said in this packet, or in the packet over Cbriatmls, there wu a letter from RTD uking us if
we would be willing to put in a letter of support Ma. Wolosyn explained that even though they received a
full funding grant agreement for the light rail portion of T -REX, every yar they have to request a specific
appropriations unount. Is this somelbing we are going to participate in, abe uked, or bow does that work?
City M1111ger Seara said be thought we bad done that in the put. I think they are asking for Council's
111ppon to proceed with that from I funding viewpoint. I'm sorry, be said, that we really haven't
adequately staffed that. He uked about the timing on that request.
Council Member Wolosyn advised that the deadline wu Jamwy 1,•.
Council Member Garntt said this ii jlllt a resolution to 111ppOrt the cominued funding of the soutbeut
corridor.
Council Member Wolosyn advised Ibey~ that we give them four or five copies of this letter, u the
letter will, basically, be going to all the reps .
So, Council Member Garntt said, we should have a resolution that 1ulborizes the Mayor to send a letter .
Or a motion, Mayor Bradahlw uid.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO AUTBORID: THE
MAYOR TO SIND A LETl'Dl OF SUPPORT FOR THI: CON11NUED PVNDING OF THE
SOUTHEAST CORRIDOR.
Ayes:
Nays:
Absent:
Motion carried.
Couacil Mcmbcn Nabbolz, Moon, Ganeu, Wolosyn,
Grazulil, Bradabaw
Nooe
Council Member Yurcbick
• ••••
Council Member Wolosyn thanked Council for the approval ofber travel expcmes to NLC . I really
appreciate the opportunity, she said .
(iv) Council Member Grazulis :
1. She said she wu just wondering about Ille ltltua of the plaque for the Alteabecb Room.
Assistant City Manager Flabeny advised that Libruy DiRctor Lona ordered that about six weeks aao and
be has not yet received it. It should be in any day, be said.
Counc il Member Grazulis Slid abe tboupl it wu ordered last October or _._.. n.t ia fiDC, abe aid.
2. She said we have aiven SS00.00 to the EnaJewooc1 Hip Sdlool After"-Prapua. Tiiey lllo
aive away iteml all nipa Ioaa, like in a raffle . So if anybody Im aaydliaa ID dmale of my value ID tal
prop-am it would be apprecialed, abe Slid.
Enalewood City CGUDdl
.January 7, 2002
Pap14
•••••
Council Member Nabbolz pointed out lbat her name ii miupelled on tbe VOCina panel oa the podilDIL
City Manager Sean apologa.ed and Aid the panel would be correcled ripl •-y .
•••••
Mayor Bradshaw adviled lbat the CML Lep)ative Worbbop tbat City Mampr Sean mentioned ii not
beina held January t4•, it ii being held February t4•.
City Manap Sean apologa.ed and uid yea it will be held February t4• .
•••••
Mayor Bradshaw commellled that lhe WU diaappoiDlcd when Rm pulled out the support from tbe llluale
for Enalewooci. Yes, we are giving them a leaer of support, lhe aid, but I allo lbink -~ I will cbat
with them about lbaL
Council Member Wololyn uid I lbink you abould.
Council Member Grazulis uid I lbink so, too, and we will be behind you if you need 111.
13. City Muapr'1 Report
City Manager Sean did DOI lave any natren to briaa before Council.
14 . City Attoney'1 Report
City Attorney Brotzman did DOI lave any mat1as to brina before Coaucil.
IS. Ad.ioan-t
BA W MOVED TO ADIOVRN. The mee1iDa adjoumed at 1:20 p.m.
. {&,
1.
2.
3 .
4 .
AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, JANUARY 7, 2002
7:30 P.M.
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
Call to order. '7: 1() ~
Invocation. /)l/J.I~
Pledge of Allegiance. ~
5. Minutes.
11.kJ ~ -0-/ a. ~inutes om the meeting of Regular City Council Meeting of December 17, 2001~~
V r~ IJ8<;fl!IA} : ~ t7 ;r-~-,
6 . Scheduled 1sitors. (Please limit your presentation to ten minutes .)
7.
8 .
9.
a. Fire Division Chief Kieth Lockwood will be present to address City Council to
acknowledge the efforts of Fire Division personnel.
Unscheduled Visitors . (Please limit your presentation to five minutes.)
~ \ T. W. A#b~JJ-e,~~ rt) ~IU)Ul. y. ,ft;IS-0 ~e_ l/l~E'. ~MCFSI!.. tJ~/:IOi:
j . /3/t/U}IA),r S.
Communications, Proclamations, and Appointments .
a. Recently re-elected Englewood Municipal Court Judge Vincent Atencio will be sworn
in by the Honorable Judge Randall Davis .
Public Hearing (None scheduled)
fr
t
.•
• •
Englewood City Council Agenda
January 7, 2002
Page 2
~~o Ji);;}~ ~~/4J~ ~/t),~j"-;i,_/~!JJ,.ii ~ a. ApprovalofOr~Reading. 7}"'--~ /!Jt..1 11'f/ll J
~/
i.
/
Council Bill No. 1 • Recommendation from the Utilities Department to adopt a
bill for an ordinance approving amendments to Title 1 2 of the Englewood
Municipal Code pertaining to water and sewer facilities. STAFF SOURCE:
Stewart H. Fonda, Director of Utilities.
ii . Council Bill No. 2 · Recommendation from the Utilities Department to adopt a
bill for an ordinance approving amendments to Title 12-2-4 of the Englewood
Municipal Code pertaining to Private Sewers, Connections and Repairs. STAFF
SOURCE: Stewart H. Fonda, Director of Utilities.
b. Approval of Ordinances on Second Reading.
i.
ii.
Council Bill No. 83, authorizing an Intergovernmental Agreement with Urban
Drainage and Flood Control for City Ditch repair of the Little Dry Creek siphon.
Council Bill No. 84, authorizing an Encroachment Agreement for 3384 South
Broadway.
c. Resolutions and Motions.
i.
ii.
iii.
Recommendation from the Department of Finance and Administrative Services,
City Clerk's Office, to adopt a resolution designating the Bulletin Board on the
north side of the second floor of the Englewood Civic Center as the Official
Posting Place for all Legal Notices. STAFF SOURaS: Frank Gr,alewic:z.
Director of Finance and Adminimative Services and Loacrilhia Elis, City
Clerlc.
Recommendation from the Department of Finance and Administrative Services
to adopt a resolution approving amendments to the City of Englewood's Police
Officers Money Purchase Plan Document STAFF SOUia: Frank Gryglewic:z.
Director of Finance and Administrative Senic:el.
Recommendation from the Human Resources Department to auopt a resolution
approving the Englewood Police Benefit Association Contract for 2002-2003 .
STAFF SOURCE: Sue Eaton, Director of Human Resources.
11 . Regular Agenda.
a. Approval of Ordinances on First Reading.
i. Council Bill No. 3 • Recommendation from the Department of Community
Development to adopt a bill for an ordinance authorizing a temporary reduction
in Admissions Tax . STAFF SOUia: Jan ,oa..on. ......._ and I•*'• ......
Coordinator.
APP'D 6-0 MOORE MOIIEO TO CONTINUE A VOTE ON AGENOofl ITal 11 181 Ill
TO THE FEBRUARY •. 2002 CITY COUNCIL UHT1NG
,.._ note: If you uwe a tlNllllly Mii ... ..., _. •---. ,_.. aelilr .. Cily of E1!111aoOIIII
(303-762-2405) al INlt 41 .._.ill...,_. ....... __. .. ...._ 1llallll ,-.
~nglewood City Council Agenda
la11 1!.uy 7, 2002
, Page 3
b. Approval of Ordi,nances on Second Reading.
tJU.,..,V,. 3 i . Council Bill No. 36, amendi"1~~-~~-of the ~nglewood Municipal Code "II' ~-0 pertaining to dogs and cats .VU,,--~
· c. Resolutions and Motions.
Recommendation from the Department of Parks and Recreation to adopt a
resolution authorizing an off-leash pilot program for dogs. STAFF SOURCE:
Jerrell Bladi. °i:::1 ~
1
'!!'9 a~ Recreation and Dave Lee, Manager of
Open Space. vv V v,...._-
12 . General Discussion.
a . Mayor's Choice. APP'D 5-0-1 WOLOSYN MOIIEO TO APPROVE IIRADSHAW'S TRAVEL
(ABSTAIN: 8RAOSHAW) EXPENSES FOR THE NLC CONFERENCE IN MARCH 2002
b. Council Members' Choice. l,. _ _ ,
~ J ~-o" A resolution specifying Aid to Other Agencies for 2002. ~
'77r APP'D 5-0-1 GARAETT MOIIED TO APPROVE EXPENSES FOR WOLOSVN FOR
13. (ABSTAIN : WOLOSYN) THE NLC C0NFERENcE IN WASHINGTON, O.C. City Manager's Report.
14. City Attorney's Report.
APP'D 6-0 WOLOSYN IOIEO TOAUTHORIZE THE--=~. TO SEND
A LETTER OF IUPPORT FOR THE CONTINUED FUrCJNG OF THE SOUTHEAST CORRIDOR
Adjournment. 1':,tf) ~
The following minutes were transmitted to City Council between December 14, 2001 and
January 3, 2002:
Alliance for Commerce in Englewood meeting of October 17, 2001
Allianc e for Commerce in Englewood meeting of November 8, 2001
Engle w ood Code Enforcement Advisory Committee meeting of November 21 , 2001
..
Pl.ase note: ff you haw a diubllily Md_..,~• or---. ...... ..., .. Clly el F -••N4
(303-762-240S) at leMt .. i.c-. ill allvMC'e ofwllea MMCN-MetlM. ...... ,-.
1.
2.
3.
4 .
AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, JANUARY 7, 2002
7:30 P.M.
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
Call to order. /"l: J:{) ~
Invocation./)~
Pledge of Allegiance . ~
Roll Call. ?~ / J.kd"(Y!/1:.0//t.tj
5. Minutes.
,u,,,,I~ {)-( '· M;n2m d,e m-g of"""'' 0ty Coondl Meeting of D«embe, 17, 2001~
V rrr /1-fJ<;yl/l,J : $1r-ll£ fl jJ --
6. Scheduled 1sitors. (Please limit your presentation to ten minutes.) ·
7 .
8 .
a. Fire Division Chief Kieth Loctc;.vood will be present to address City Council to
acknowledge the efforts of Fire Division personnel.
Unscheduled Visitors . (Please limit your presentation to five minutes.)
~~ T. w. A-A/b~J.J-tpWHs~ 7t) &tu)tll-.,. ,fSIS-J) ~e I/lat£ s~~ ~pr::/l.F.:
j ~Jt/U)I~~ S,
Communications, Proclamations, and Appointments.
a. Recently re-elected Englewood Municipal Court Judge Vincent Atencio will be sworn
in by the Honorable Judge Randall Davis.
9. Publi c Hearing (None scheduled)
fr
Please note: It vou hinie ii cliNbililv ud Plftd ~ _. • MMCa, .... .._,, die Cly of Enate111CMN1
(303-762-2405) ilt le.at -II '--sin MWann of,.._ ---ilft MNN. n.-11 ~
Englewood City Council Agenda
Jan uary 7, 2002
Page 2
~~o JC,;;/~ ~~h,JA ~/t}~/1)i1_/{)/J·J1-ii apfl a. ApprovalofOr~Reading. -O-:: ~ /c)t_.; 1/"f/ll J
~/
/
i. Council Bill No. 1 • Recommendation from the Utilities Department to adopt a
bill for an ordinance approving amendments to nde 12 of the Englewood
Municipal Code pertaining to water and sewer facilities . STAFF SOURCE:
Stewart H. Fonda, Director of Utilities.
ii. Council Bill No. 2 • Recommendation from the Utilities Department to adopt a
bill for an ordinance approving amendments to Tide 12-2-4 of the Englewood
Municipal Code pertaining to Private Sewers, Connections and Repairs. STAFF
SOURCE: Stewart H. Fonda. Director of Utilities.
b. Approval of Ordinances on Second Reading.
ii .
Council Bill No. 83, authorizing an Intergovernmental Agreement with Urban
Drainage and Flood Control for City Ditch repair of the Little Dry Creek siphon .
Council Bill No. 84, authorizing an Encroachment Agreement for 3 384 South
Broadway.
c. Resolutions and Motions.
i.
ii.
iii.
Recommendation from the Department of Finance and Administrative Services,
City Clerk's Office, to adopt a resolution designating the Bulletin Board on the
north side of the second floor of the Englewood Civic Center as the Official
Posting Place for all Legal Notices. STAFF SOURCES: Frallk Gttalewicz.
Director of Fimnce and Administrative Semc:es and Loucrilhia Elit. City
Clerk.
Recommendation from the Department of Finance and Administrative Services
to adopt a resolution approving amendments to the City of Ensfewood's Police
Officers Money Purchase Plan Document. STAFF SOURCE: Frank Ga, ... wia.
Director of Fimnce and Administrative Semc:es.
Recommendation from the Human Resources Department to adopt a resolution
approving the Englewood Police Benefit Association Contract for 2002-2003.
STAFF SOURCE: Sue Eaton, Director of Human Resources.
11 . Regular Agenda .
a. Approval of Ordinances on First Reading.
i. Co uncil Bill o . 3 • Recommendation from the Department oi Community
De, elopment to adopt a bill for an ordinance authorizing a temporary reduction
m dmissions Tax. STAFF SOUia: 1M ,...__ ....._ MIi led.l.elapm ... 1
Coonimlor.
APP 'D &-0 MOORE MOVED O CONTI NUE A VOTE ON AGENDA ITEM 11 (al (I)
0 TH£ FEBRUARY• 2002 CITY COUNCIL MEETING
PleaH not•: If vou how• a diNbililY • wtl illlllilia,y • • __..., .--nolil!, .. Cily ell tal ull
1301·'."62·2.aGSl ;at le.e • '-an ill--. al...___.. .. ....._ n..ll ,._.
l:nglewood City C o uncil Agenda
Ja nuary 7, 2002
Page 3
b . Approval of Ordinances on Second Reading.
~../1-3 i. Council Bill No. 36, amendin1~~-~~-ofthe Englewood Municipal Code 'a;tJ (;-0 pertaining to dogs and cats .vu~
c . Resolutions and Motions.
Recommendation from the Department of Parks and Recreation to adopt a
resolution authorizing an off-leash pilot program for dogs. STAFF SOURCE:
Jerrel Black, ~ ~
1
'::4 a~ leaeadon and Dave Lee, Manager of
Open Space. vvv U-
12. General Discussion .
APPD ~1 WOLOSYN loOIED TO APPROIIE BRADSHAW'S TRAVEL
a. Mayor's Choice. (ABSTAIN: BRADSHAW) EXPENSES FOR THE NLC CONFERENCE IN MARCH 2002
b . Council Members' Choice. I,,_ . . ~
~ J ~-o" A resolution specifying Aid to Other Agencies for 2002. ~
;ur APPO ~1 GMRETT MOVED TO APPROVE E>CPENSeS FOR WOl08YN FOR
(ABSTAIN: WOi.OSYN) THE NLC CONFERENCE IN WAINNGTON, D.C.
13 . City Manager's Report.
14. Oty Attorney's Report.
Adjoummenl 1':~() ~
WOLOSYN MOVED TO M1THORIZI! THE CITY MANAGER TO SEND
A LETTER OF SUPPORT l"OR THE CONTNJEO FUtDG OF
SOUTHEAST COM1DOR
The following minU1es were transmitted to City Council between Decembe r 14, 2001 and
January 3, 2002 :
Alliance for Commerce in Englewood meeting of October 17, 2001
Alliance for Commerce in Englewood meeting of November 8, 2001
Engle w ood Code Enforcement Advisory Committee me.eting of November 21 , 2001
PLEASE PRINT
NAME
PUBLIC COMMENT ROSTER
AGENDA ITEM 7
DATE: January 7, 2002
UNSCHEDULED VISITORS MAY SPEAK
FOR A MAXIMUM OF FIVE MINUTES
AQDRESS
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Rqular Senion
December 17, 2001
I . Call to Order
The regular meeting of the Englewood City Council was called to order by Mayor Bradshaw at 7:25 p.DL
2. Invocation
The invocation was given by Council Member Nabbolz.
3. Pled&e or Allesiance
The Pledge of Allegiance was led by Mayor Bradshaw.
4 . RoUCall
Present:
Absent:
A quorum was present.
Also present:
5. Miautea
Council Members Nabbolz, Moore, Gruulis,
Wolosyn. Yurcbick, Bradshaw
Council Member Garrett
City M-,er Sean
City AIIIDnley BnMzmllD
Asais1ant City Mampr Flaherty
Deputy City Clerk White
City Clerk Ellia
DiRctor Simploa, Commmity Development
(a) COUNCIL MEMBER GRAZUUS MOVED. AND IT WAS SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF DECEMBER 3,
2001.
Ayes :
Nays :
Abstain :
Absent:
Motion earned.
6. Scbechaled Vlllton
Council Members, Moore, Wolosyn.
Y urchick, Grazulis, Bradshaw
None
Council Member Nabbolz
Council Member Garrett
(a) Mayor Bradshaw presented lbc Keep Eaalewood Bcaulitid's Holiday Lipuna Awards
,v1 th thl' ass1st.mce of Bill Donnelly, C~ Developmma Pluner I, md Keep EnaJewooc1 Beawiliil
C omnuss1oncrs J antt Berens and Jadtic Edwards.
.\1 . Bradshaw said the fint award for the 14• Anmw Holiday LJPbD1 Event. is the Ma~'s Cboice
ward. be lld, 1Scd tlus award 1s gl\'en 10 lbe putleipull wllo beat C,qnsMs die tnle -ma oflbc
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En1lewood City Couadl
December 17, 2001
Pa1e2
holidays and the holiday lighting event. Ms. Bradlbaw said the holidays are certainly about bright lights,
however, they are also about sharing joy and fellowship widl our lamily, mends and neighbors. Mayor
Bradshaw stated this year's award is presented to someone who has brought joy and liabt to all ofus by
decorating with holiday lights .
Mayor 's Choice Award MicbaelE-
3228 S. Clarbon St.
Mayor Bradshaw advised that there are yard signs for the top winnen, so that when you drive around the
City of Englewood you can tell what prize they've won.
Lifetime Holiday Spirit Award
Fantasy Land Award
City Lights Award
Reindeer Award
Lotsa Lights Award
Color Me Beautifill Award
Winter Wonderland Award
Honorable Mention
Mini Flea Mart
3441 S. Broadway
Richard and Alice KJoewer
4990 S. Elati SL
Ron and Melanie Kloewer
5041 S. Elali SL
Ruth Keough
3115 S. Bannoc:lt St.
The Miller Fllllily
4104S.-SL
Art Blom
4S60S.-St
Sbmy and Slleft Clark
4760 S. Lopa SL
Judi and Terry Lester
Paula Sue Ganz
4550 S. ~II Blvd.
Brian Wahnlnb
2201 W. Vaaar Ave .
Rosemarie and Chuclt Greer
3701 S. Huron SL
RobertC~ll
4336 S. Huron SL
Lyneue Warren
3820 S. Gallpaao SL
Dennis and Jtalby a-
4045 S. Elati SL
Pat and Larry Seams
5030 S. Elati SL
Enstewood City Council
December 17, 2001
PaceJ
Rieb Morales
4255 S. Delaware St
Marie A. Greiner
2875 S. Delaware St.
Gary and Deborah Walters
3740 S. Sherman St.
Gilbert and Lama Mean
3742 S. Sherman St.
Douglas K. Hau
4536 S. Sherman St
Dennis Freeman
3315 S. Grant St
Mayor Bradshaw aalted for a round of applause for the Keep Englewood Beauliful croup who organized
this contest
7 . Uaaclledaled Vlllton
( a) S. Klaus said be' d like to talk about the animal coallol and licensing proposition
that be rad about in the Herald. He ll1lted it wu not in dlil week's Herald, but a week ago, where COUDCil
tallted about cbarcing five to ten dollars an animal. Do you understand, be aaked, bo~ dlil would iq)act
elderly people and their budgeta. Tab 11111 for eumple, lbeft are eipt tiny reindNn II tm doDan a bead,
that's eighty. He adviaed there's Rudolf, there's ainety, lbeft'a my cat Alplnpl, or Gus• lbe liltes to be
called, there's a hundred, and then we've got Maud. Mr. Klaus awed we don't know what kind of dog she
is but she's sweet, and she's bi& and gold. He said we've &Ol my litde blind Bardlr collie, so, tbeR's one
hundred and twenty bucb. That doesn't count the l'ICCOOIII that live under the woodpile and the slamb,
the red fox, the Canadian geese and everythina elae I have that wanders duouah my yard. So, I'd lilte to
protest this annual fee . Now ifit wu acn.time sbot, oby. I know pan ofitwu to lteeptnclt ofsbots,
but believe me, I have a vet that sends me a real rqular notice on wbe1ber I need to get my dogs sbots. So,
be said, that's about all I have to say and I'm open to questions .
Mayor Bradshaw aalted if there are any questions for S. Klaus .
Council Member Y lll'cbiclt asked what's the limit on reindeer in Enclewood. Mayor Bradshaw said she
doesn 't know iftbe committee addressed that. S. Klaus said that it wu not addreued in the.ordinance .
Mayor Bradshaw advised that Co1D1Cil would tab bis concern under advisement.
S. Klaus proceeded to band out candy to Council and wish everyone a Merry Cbristmu.
8 . Commwuc:adou, Proclamadoaa aacl Appoillbmllta
(a) A proclamation bonorina Englewood High !M:bool Pinlcs foocball Team and Coach
Randy Penn on their noteworthy season was comidered.
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Enpewood City Council
December 17, 2001
Pap4
COUNCil. MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION HONORING ENGLEWOOD HIGH SCHOOL PIRATES FOOTBALL TEAM
AND COACH RANDY PENN ON THEIR NOTIWORTBY SEASON.
Motion carried.
Ayes: Council Members Nabholz, Moore, Wolosyn,
YID'Cbick, Onzulis, Bradsbaw
Nays : None
Absent: Council Member Garrett
Mayor Bradshaw asked Mr. Penn and bis captains to come forward. She said she didn't know if any of you
watched the high school team this year, but it -oae beck of a aood group of people. Mayor Bradshaw
read the proc:lamation in its entirety. There -a round ohpplaule.
Mr. Penn thanked everyone and said dieae guy, -the -tbat do all the work and I juat &et to go along
for the ride most oftbc time . He said it's been a plealure to be in Englewood for the lut twenty-eight
years.
(b) A proc:lamation honoring Code Enforcemem Ofliccr Lany Medina WU considered.
COUNCil. MEMBER NABBOLZ MOVED. AND IT WAS SECONDID, TO APPROVE A
PROCLAMATION HONORING CODI INroRCEMENT omaa LARRY MEDINA.
Ayes: Council Members Nabholz, Moore, Wolosyn.
YID'Cbick, Grazulia, Bradshaw
Nays: None
Abaent: Couni:il Member Gamm
Motion carried.
Mayor Bradlbaw asked Code Enfoaceaeul Qfficer I.my Mlldim ID RIP bwd. SIie rad 1111
proclamation in its entirety and added -are so falluallit ill dlil City l'D baw tbe emplo)'ea we bave.
(c) A letter liom David Weber indicatiDa llil Nipe!ion fnliD tbe P ...... 1111117.amaa
Commiuion wu c:omidcred.
COUNCil. MUDD WOLOSYN MOYD, AND IT WAS SSCONND, TO ACC&Pl'TD
RESIGNATION OF DAVID WDEll ftOM TD ft.ANNING AND ZONING CONNJSIION.
Council Member Wolosyn stamd that David Weber bas been lrOlllld for eipl yean IDd be ii smnebody I
met when I first became involved in the City IDd I tbinlt we -lolilla a really-.-derftal c:itilen. She aid
it was his idea to make our depot look liltc the old depot and be -always comma up wilh new idcu. Ms.
Wolosyn said sbe is sorry that be is leaving.
Vote results:
Ayes :
Nays:
Absent:
Motion carried.
Council Members Nabbolz, Moore, Wolosyn.
Y un:bick, Grazulia, Bradsbaw
None
Council Member Garrett
( d) A resolution appointina A1tenwe Member Kcnmth Parka to the P!aimiDa and Zmma
Co mmission was considered.
Eapwood City Council
December 17, 2001
Paces
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPOINT
AL TERNA TE MEMBER KENNETH PARKS TO THE PLANNING AND ZONING
COMMISSION.
RESOLUTION NO. 80, SERIES OF 2001
A RESOLUTION APPOINTING KENNETH PARKS TO THE PLANNING AND ZONING
COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO .
Vote results:
Ayes:
Nays:
Absent:
Motion carried.
Council Members Nabbolz, Moore, Wololyn,
Yun:hick, Grazulis, Bradshaw
None
ColDICil Member Garrett
9 . PubUc: Barias
No public bearing was scbcduled before Council.
10. Coment Aaeada
(a) Approval of Ordinances on Fint Reading
COUNCll. MEMBIR WOLOSYN MOVED. AND IT WAS SECONDED, TO APPROVI
CONSINT AGENDA ITEMS 10 (a) (I) AND (U), 11 (b) (I) AND (U) AND 10 (c) (I).
(i) COUNCIL BILL NO. 83, INTRODUCED BY COUNCIL MEMBER
WOLOSYN
A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
ENTITLED "AGREEMENT REGARDING DESIGN OP DRAINAGE AND FLOOD CONTROL
IMPROVEMENTS FOR LITTLE DRY CREEi(. AT THE CITY DITCH" BETWEEN THE URBAN
DRAINAGE AND FLOOD CONTROL DISTRICT AND THE CITY OF ENGLEWOOD AND THE
CITY OF CHERRY HILLS VILLAGE.
(ii) COUNCIL BILL NO . 84, INTRODUCED BY COUNCIL MEMBER
WOLOSYN
A BILL FOR AN ORDINANCE APPROVING AN ENCROACHMENT PERMIT AND INDEMNITY
AGREEME NT PERTAINING TO INST ALLING RAMPS, WALLS, STEPS AND RAILINGS
ASSOCIATED WITH PROVIDING ACCESS TO THE ENTRANCE OF THE BUILDING LOCATED
AT 3384 SOUTH BROADWAY IN THE PUBLIC RIGHT-OF-WAY TO MEET THE REQUIREMENTS
OF THE AMERICAN DISABILITIES ACT.
(b) Approval of Ordinances oo Second Radiag
{i) ORDINANCE NO . 77 , SERIES OF 2001 (COUNCIL BILL NO . 80,
INTROD UC ED BY COUN CIL MEMBER WOLOSYN)
AN ORDINAN CE AMENDING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE
AS SE SSED VAL UATION OF All TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD .
COLORADO .
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Englewood City Council
December 17, 2001
Page6
(ii) ORDINANCE NO. 78, SERIES OF 2001 (COUNCIL BILL NO. 81,
rNTRODUCED BY COUNCIL MEMBER WOLOSYN)
AN ORDlNANCE AUTHORIZING THE TRANSFER OF OWNERSHIP OF THE ENGLEWOOD
. DEPOT BUILDlNG FROM THE ENGLEWOOD HISTORICAL SOCIETY TO THE CITY OF
ENGLEWOOD.
( c) Resolutions and Motions
(i) RESOLUTION NO. 81, SERIES OF 2001
A RESOLUTION FOR REAPPOINTMENT OF JOHN LOUIS PARKINSON AS ASSOCIATE
MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD, COLORADO.
Vote nsala:
Ayes:
Nays:
Absent:
Motion carried.
11. Regular A&ead•
CoUDCil Members Nabbolz, Moore, Wolosyn,
Yurclw:k, Gnzulis, Bndsbaw
None
Council Member Gumt
(a) Approval ofOtdinmlces on First Radin&
There were no additional items submitted for approval on first reading. (See Aaenda Item l O -Consent
Agenda.)
(b) Approval of Ordinances OD Second Reading
There were no additional items submitted fur approval OD aecond readiD&-(See Apnda Ima 10 -coaaeni
Agenda.)
( c) Resolutions and Motions
There were no additional resolutions or motiOflS submitted for approval. (See Aaenda Item IO -Consent
Agenda.)
12 . General Dlacullion
(a) Mayor's Choice
{i) Mayor Bradshaw said she and City Mamgcr Scan would lib ID p, ID lbe
National League of Cities Confi:rence in March this year. Council Members Wolosyn and Nabbolz ~
they would also like w go. Mayor Bradshaw advised that Ibey get it in ID Sue Bndlbaw by this Friday.
(ii) Mayor Bradshaw advised of iDfonmlion she receival fi:om lbe Rqiona1 Air
Quality Council. She said it was the Voluntary Ozone Reduction Prosnm rq,on. Sbe said if any member
of Council is interested she bas it. She noted it's about bow our COllllllllllity and our ua did.
(iii) Mayor Bradshaw offered 1'udoa ID City Manapr Sean OD hil leaer-rizina
the Chamber Govenunental Affairs meeting that we bad 11 few weeb ago . It -a aood lcuer, sbe said.
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EDslewood City Coundl
December 17, 2001
Pace 7
(iv) Mayor Bradshaw advised that Englewood will be hosting the 2002 Arapahoe
County Mayors', Managers' and Commissioners' breakfast in February. She opined we need to host it here
at CityCenter.
(v) Mayor Bradshaw wished everyone a very Happy Holiday and healthy New
Year. She stated that it is nice to work with such a good group of folks .
(b) COIDICil Member's Choice
(i) Council Member Wolosyo said we do have this one item for the Elati Street
Development Review Conmitlft vacancy.
Dinctor Simpson said we put this together simply to get direction from Council He said there is a
vacancy, given that fonner Mayor Bums is no longer on COUDCil. He lldvised that it can be left vacant with
less membership, Mr. Bums can continue, or Counctl can appoint somebody. We just wanted to know
what COUDCil wanb to do, be said.
Mayor Bradshaw said for continuity we need to keep Mr. Bums involved in that. She advised be bas all of
the history and nobody can compemate for that . Mayor Bradshaw said that a motion to tbat effect is
oeeded.
COUNCil. MEMD:R WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE TBA T
TOM BURNS Rt:TAIN HIS 51:A.T AS COMMUNITY Rt:Plll:SENTATIVJ:, INSTEAD 01'
COUNCil. UPRESENTATIVJ:, ON TIii: El.AD STltDT KVU.OPMENT Rt:VIEW
COMMITI'EL
Council Member Yurcbick uked if Mr. Burm wanted to do !Ilia ..t Mayor 8ladlllaw said ya be rally
does.
Vote renlts:
Ayes:
Nays:
Absent:
Motion carried.
Council Mamas Nabbolz, Moore, Wolosyn.
Yun:hick, Gnzu1is, Bradshaw
None
Council Member Garrett
Director Simpson said be will contact Tom Bums and lave him coariDuc the work.
Mayor Bradshaw thanked Director Simpson.
City Attorney BrolZmall advised, on this same issue, you actually have a Couocil member slot open u well.
Mayor Bradshaw said Mr. Bums was the Council member. Mr. Brotzmaa stated it wu Mr. Bums and Mr .
Garrett, and Mr . Garrett wants to stay on. He said you lave another Council member slol lbat you can fill.
Mayor Bradshaw sai ,he feels comfonablc with Council Member Gamu cOdliwiac 111d Tom Burm. She
stated she bas no problem with that. COUDCil Member Wolosya said sbe feels comCortablc with that also .
'.\1ayor Bradshaw asked Director Siq,son if tbat was all right
Directo r Simpson said it works for me, it keeps an easy baJaoce on tbe poup, but if you -to appomt
another Council member I have oo proble m with that.
Mayor Bradshaw said to let it stmd as is and thanked Ms . Woloaya for all ofber help.
Englewood City Council
December 17, 2001
Pa&e8
(ii) Council Member Yun:hi<:k:
I . He said the arrow on Darttnouth is nice That finally got in, going east and west. Ms . Wolosya
stated that she noticed that too, that there was something different with that light Mr. Yun:bick said you
can make a tum on it Ms . Wolosya said I thought that wu something that wu never going to happen, I
was surprised.
2 . He wished everyone a Happy Holiday.
(iii) Council Member Wolosya wiabed eveeyonc Happy Holidays.
(iv) Council Member Moore said he 'd third that
(v) Couacil Member Nabbolz:
I. She said she would like to say thank you to all ofmy peers and all of the staff that have held up
my end oftbe bargain here on Council and done my share oftbe work in my absence . For that I'm
gratelill, she said.
2. She wished everyone Happy Holidays.
13 . City Maupr's Report
(a) City Mamger Sean said be wmlled Ill willl everyone Happy Holidays 111d also 110 uy
thanks IIO the staff and IIO Council. He staled we've bad a rally, rally polilive 111d IIICCCldil year dlis lut
year. I think we've ~lisbed a pm clcal and we lave a lat an the table comma in Jmmy. Mr. Sears
advised there will be aany busy aesaiom c:omiD& up 11111, just• a reminder, we'll be puaia& dlOle IIOplber,
(b) City Manager Sean said I also walll lO say diat over the ant couple ofweeb our
organization may be a little bit lean because of lbe bolidays. When I'm IIIIC bae, be said, Allillmll City
Manager Flaherty will be 'in charge of the City 111d we will bep lbe CoaDcil infonmd. We will be
' responsive, but I know, over the next couple of weeb ii may be a tilde bit lean in difl'ereal placa
lhrougbout the City. He said congralUlatiom for a pm year and I hope everybody lal a pm holiday.
14 . City Attorney's Report
(a) City Attorney Brotzman wished everyone Happy Holidays .
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Council Member Grazulis wished everyone Happy Holidays.
15. Adjournment
Date
January 7, 2002
INfflATEDIY
COUNCIL COMMUNICATION
Agenmltem
10a i
Subject
Ordinance Changes Amending Title
1 2, Chapter 18, Sections 4, 5, 6 and 7,
and Chapter 1, Section 4 and Chapter
2, Section 4
STAFF SOURCE
Utilities Department Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNOL ACTION
None.
RECOMMENDED ACTION
The Water and Sewer Board, at their November 13, 2001 meeting. recommended Council approval of
ordinance changes to Title 12, Chapter 18, Sections 4, 5, 6 and 7; Tide 12, Chapter 1, Section 4 and title
12, Chapter 2, Section 4.
BACKGROUND, ANALYSIS, AND AlTEINAlMS IDENIIREO
Minor changes to the Title 12 Water and Sewer section of the municipal code were noted over a period of
time. These are changes that will delete antiquated language, add updated requirements and coonlnate
language in the water and sewer sections.
The proposed municipal code changes relating to water and sewer facilities include standardizing service
pipe specifications, depth placement of service pipe, materials purchased from the Oty and a.ub stops.
Minor revisions are also being recommended regarding connections and repairs of private sewers. In the
past it has always been a recommended practice to inform residents that they cannot construct a structure
over their sewer service line without moving or replacing the line. If passed, this would be stated in the ,
Municipal Code.
The proposed revisions would provide a more consistent set of standards for future water and sewer
construction .
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Bill for Ordinance
ORDINANCE NO._
SERIES OF 2002
BY AUTHORITY
COUNCIL BILL NO. 1 ~
~DUCED BY COUNCIL
MEMBER~~~~~~-
AN ORDINANCE AMENDING TITLE 12, CHAPTER lB, SECTIONS 4, 5, 6 AND 7;
TITLE 12, CHAPTER l, SECTION 4 AND TITLE 12. CHAPTER 2, SECTION 4,
PERTAINING TO THE WATER AND SEWER SECTION.
WHEREAS, the need for minor c:bangea to EMC Title 12, Water and Sewer have
been noted over a period of time; and
WHEREAS, the paaaage of this Ordinance will delete antiquated lanpap, add
updated requirements and coordinate language in the water and aewer aectiona; and
WHEREAS, theae chanae• relate to water and aewer facilities which include
atandardizinc aervice pipe apec:ificationa, depth placement of Nrvice pipe, materiala
purchued from the City and curb atopa, u well u minor reviaiona nprding
connectiona and repain of private -era; and
WHEREAS, the Englewood Water and Sewer Board~ appro9al al the
amendment to Title 12-1-4 and Title 12-2-4 EMC pertaininc to the Water and Sewer
eec:tion at their November 13, 2001 meetins;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL or THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Ses;tiop 1. The City Council al the City al Enpewood. Colorado hereby amenda Title
12, Chapter 18. Sectiona 4, 5, 6, and 7, of the Englewood Munic:ipal Code 2000, to
read aa follows:
lZ-18-4: Service Pipe SpecUlcatioae.
A. Specifications of Servia Pipe: Each aervice pipe muat be oftbe following
specifications:
1. Cop~r Pipe: All aervice pipe Isa the · Is the ,,.,.altJ lille shall
be not le11 than Type "K" IIOft copper tubins c:onformiq to standard
apecificationa.
~-Gelt••i9M A,,e. Gal, · • ,i,1 ial• JJ f -•• · Ni lwww
1M ...... ., liM iBls .............. i,11.
+. a.It Pi,-. 'Fhe -sf'elull ••• ill ialerJJ1ei1a1 iii,. n,1s•.
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B.
6-~. Service Pipes: Servlce pipes shall extend into the premises or riser as
specified , and in no case shall be smaller than three-fourths inch
(3/4") diameter. All sillcocks . faucets or hydrants used for irrigation
purposes shall be fed through a three-fourths inch (3/4") pipe or
larger.
~. Other materials may be used only upon the express approval of the
City .
~~of Service Pipe: All service pipes must be laid at least five
feet (5') below the established grade of the street in which they shall be laid
and in all places at least five feet (5') below the surface of the ground. All
service pipes shall be located such that there is a five foot f5) minimum
horizontal and an eighteen inch USJ winimum vertical aeparation from an
other undenppund utilit.it!s including but not limit.ed to pwer pipp pa
pipes electrical t.elephone and other cables All plumbing shall be so
installed end of such material as to withstand safely the perils surrounding
their condition of operation and use.
12-lB-5: Material• Purcbaaed from City.
In the case of permanent connectiom to the main& of the City water system,
or the transfer of service from flat rate water to metered water the applicant shall
purchase from the City the<!ollowing materiala:
A. The tapping uddle and corporation atop by which connection is
made to the main, and the curb atop valve
B . Water meter and radio frequency encoder receiver tranamitter and
meter yoke and pit when required.*
*See Section 12-lA-4 of this Chapter.
12-lB-6: User to Provide Curb Stop.
Every owner of property using water shall provide a curb 1lep wi.tl a llell valve on
the service pipe outside of his/her premises protected by a D1D eeep bm, by means
of which the water may be turned on or off from the pre miles by any employee of the
City, and shall maintain the same in good working order. In the case of properties
where the domestic water supply is connected to a fire line the domgtic water
connection to the fire line shall be at the property line and bpth the 6g line yd the
domestic water service shall be protected with curb valyea by whjch the two prvicp
may be shut off independently at property line The yalyJ -. box llhall be eo
maintained that at all times it will be conveniently acceasible in good order for
turning water on and off with the cover at the level of the adjacent ground. If City
personnel are required to clean out a property owner's ~-. box, for whatever
reason , either at the request of the property owner for an emerienc:y or for a
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delinquent turn-off, a fee of thirty dollars ($30 .00) shall be due and payable by the
property owner and shall be billed to the property by the City within thirty (30) days
after the service has been performed.
12-18-7: Number ofUsen on Service Reatricted.
A.
B.
More Than One Premises To A Service ComU!ctio1l Prohibited: Each premises
or property or building(a} situated on a premises or property in a manner
which would allow the premises or property to be subdivided and the
buildin~ sold separately shall be served by a separate eervice connection
directly to the UJ1BH main without C1'088ing tM other adjoining premises or
prepen, properties and with separate curb stops involving only one account
when water is turned on or shut of!. Extension of service to another premises
or building from an existing eervice connec:tion is prohibited and shall be
1ubject to shutoff without the City beinc liable for any damap. Exceptions to
this requirement may be granted by the City Manager or designee with the
concurrence of the Water and Sewer Board upon a review of a written request
of the property owner, in which the property owner illuatrates with both
written and craphic descriptions, why the exception should be granted.
Existing premises, properties or buildincs which do not conform to this
requirement may maintain their eervic:e connection configurations unless and
until such time, in the opinion of the City Manager or designee with the
concurrence of the Water and Sewer Board, the service must be separated.
Two Or More Users On Same Service Li1U!: In case two (2) or more UNn are
supplied from the same eervice line, if any of the partin fail to pay the water
charges when due, or to comply with any rule of the City, the City reaenes
the right to shut off the water to the whole aervice until such charps are
paid, or the rules strictly complied with, and it is expreuly stipulated that
no claim for damaie or otherwise may be made against the City by any uaer
whoee water charges have been paid or who has complied with the rules of
the City, because of such turnoff, it beinc expressly stipulated that the
neceBBity for such 1<hut off shall be deemed to be the joint act of all served
through such service .
Section 2. The City Council of the City of Englewood, Colorado hereby amends Title
12, Cliapter 1, Section 4, of the Englewood Municipal Code 2000, to read 88 follows :
12-1-4: Work to be Done by Plumben-DHi111le,ers.
All work on water pipes or fixtures which are connected to the City's potable wster
distribution system and which are located from the curb stop to a point one foot (1')
inside the building shall be accomplished by a licensed plumber er clreillla,er under
bond to the City.
Sectjon 3. The City Council of the City of Englewood , Colorado hereby amends Title
12 , Chapter 2, Section 4, Subsection A and the addition of a new Subsection K, oft.be
Englewood Municipal Code 2000, to read 88 follows :
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12-Z-4: Private Sewers, Connection• and Repairs.
A . Buildings to Have Separate Comiectiona. Each premi,ea property or
buildingfe} situated on a pr:emile• or property in a manner which would
allow the premises or property to be subdivided and the bnjldin,W sold
separately shall be served by ite e-1H. er 11eP¥iee line, a separate service
connection directly to the nearest main without T"'@ing other ad.joining
premilea or properties.,and no connection shall be made by extending the
· service from one property prernieea or building to another property, pr:em,iaes
or bujldjng. Each separate buildinc in a planned unit development shall
have a separate sewer service line. Exceptions to this requirement may be
granted by the City Manager or deaimee wjth the qmcurrerp of the Wat,er
IP4 Sewer Bqard HPRP a miew or a yritten mev,;et of the property 9"PfJ in
which the property owner illuat.ratea with both wpttep •pd p;aphis
descriptions why the exception should be mmtec:l Emtipg pm,piw,
properties or buildjnp which do not mppm tp this requirement may
maintain their service qmpection configurations uplw and until such time,
in the gpiniqn of the City Manapr or deaipe with the concurrence of the
Water and Sewer Board the aervic;e muat be separat.ed,
B. Old PriuaU Sewers. Old·private sewers may be uaed in connection with new
buildinp only when they are found to meet all requirements herein and
solely at the risk of the uaer; othenriae, old private eewera lha11 be plugged
at the user's expense upon d.iacontinuance of aervice. The plus in the old
private sewer must be iDlpected and approved and a plan review and
inspection fee will be charged by the City.
C. Duign and Corr.structio1l. The size, elope, alignment, and materials of
construction of a private sewer, and the methods to be Wied in excavating,
placing of pipe, jointing, testing, and backfilling the trench and all other work
shall conform to the requirements of the Building and Plumbing Code or
other applicable codes, laws, rulea and regulations of Federal, State, and
local entities.
D . Private Sewer Elevation.. In all structures where the elevation is too low to
permit gravity flow to the public sewer, sanitary sewage diacharre from such
structure shall be lifted and diacharged to the sewer by a City and Tri-
County Health Department approved facility which shall be operated and
maintained by the user.
E. fastallatiorr. a11d Mai1lte1wnce. All coats and expeneea incidental to the
installation and connection of the private sewer shall be borne by the
applicant •·ho shall retain or employ a licensed sewer contractor or plumber
to make connection to and inatall a aewer.
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The service line from the public sewer main line to the structure to be served shall be
installed by the property owner at his/her expense. The owner shall hold the City
harmless for any 1oes or damage that may directly or indirectly be occasioned by the
installation of the service line or the malfunction of any old private sewer.
The owner of any property connecting to the POTW shall be responsible for the
maintenance of the service line from the oublic sewer to the structure to be served.
The owner shall keep the service line for :.Vhich he/she is responsible in good
condition and shall replace at his/her expense any portions thereof which, in the
opinion of the City, have become damaged or diaintqrated u to be unfit for further
use, or ii in such condition to permit infiltration into the system. All repain shall be
completed within thirty (30) days after notification and shall be completed by a
bonded contractor. The owner shall be responsible for returning the public ript.of-
way and the street to acceptable City atandarda.
F. Oil And G,-Interceptor IMtallation.:
1. Gnaae InlD'ceplor Installation Criteria: Grease trap inten:epton are
required for all facilities uaed and operated regularly for the ule of
prepared food, includiq but not limited to reataurants, car ... fut
food outlets, pizza outlets, delicateuena, eandwich shops and any
and all other kinda and types of food vending eatabliahmenta in
which any food preparation (includint beatiq or defroetins in or by
means of any kind of oven or beatiq device) takes place on the
premiae1, whether or not auch facilities an located in a separate
building or IICl'Ucture or occupy space in a buildiq or lltnlct\lre that ia
occupied by other buain HH, u well u acboola, churcbea,
boardinpouaea with communal kitchen faciliaea, nunins homes,
and day can cent.era which have kitchens and enpp in the
preparation of food . In addition, meat cuttinc facilities and othera
capable of di.lcharsin& aisnificant amounts of greue into the POTW
shall be required to install peue inten:epton. The exceptJon shall
be tboee facilities granted a variance by the City with the approval of
the Water and Sewer Board. GnaN inten:epton shall not be
required for private reaidencee or d-llinp unleu there an
commercial uses within the dwellinp that generate amounts of
grease beyond that generated by a residential dwelling.
2. Grea« I1r.1erceptor Sizing Criteria: The City 1hall promulgate rules,
regulations and criteria for grease interceptor sizing.
3 . IH.11pttlio11 of Grease Interttptora: The City shall establish an
inspection program for grease interceptors. The City shall develop
rules and regulations to inventory all grease interceptors and
document the inspections of these interceptors.
4 . Grease I11urcepu,r Pumpi,1/1 Schedules: All uaera connected to peue
interceptors will be required to pump out their interceptors at
intervals determined in rules, regulations and criteria promulgated
by the City .
5 . Biological Trmlrnr11t: Biological treatment ah.i ll not be a substitute
for the pumping of the grease interceptor.•
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6 . E:ri.stin.s Sources Not Comiected to Grease ln.urceptors: Existing
sources not connected to grease interceptors and which contribute
significant amounts shall be identified through inspection of the
collection systems. Once these sources are identified, th~v will be
required to implement best management practices (BMP's to keep
oil ,md grease out of the POTW. The City shall promulgate rules,
regulations and criteria for BMP's.
If the BMP's are not succeaaful at the facility and the facility
continues to contribute significant amounts of oil and grease to the
sanitary sewer, as documented by field inapectiona, then the facility
will be required to install 11.n adequately sized grease interceptor.
7 . Rishl of Entry: Whenever it ia nec:euary to make an inapection to
enforce any provi.aioD8 of thia Section, or whenever the City believes
that there exiata in any premiaea subject to thia Section any condition
or violation with regard to the use and maintenance of oil and grease
interceptors, the City personnel may enter such premiaea to inspect
the aame provided that proper credentials be presented and request
and be granted entry, or othenriae have grounds for a search warrant
exception aa may be authorized by law. Ifrequeated entry be refused,
[the) City shall have recoune to every remedy provided by law to
secure entry, includinc an iaauance of an adminiatrative warrant
from the Municipal Court or from the Diatrict Court of the State of
Colorado having jurisdiction.
G . Permi.t Required. Before commencement of c:onatruction of a private sewage
disposal ayatem, the owner shall first obtain a written permit aicned by the
City.
H . Comiectio1l Requinmen.t:
1 . The applicant for the private sewer permit shall notify the City when
the private sewer ia ready for inapection and connection to the public
sewer. The applicant must have secured a permit and have met all
City requirements. The connection shall be made under the
supervision of the City's representative.
2 . The owner of any structure used for human occupancy, employment
or activity , situate within the City, may be required at such owner's
expense to connect such structure to a public aewer, if such a public
sewer is within four hundred feet (400') of the property line of the
property upon which the structure is located. Such connection shall be
made within ninety (90) days after notice from the City is served on
the owner of the property affected; provided, however, that in the
event compliance with this subsection causes aevere economic
hardship to said person, he/she may apply to the City for exemption
from this subsection . Such applications ahall atate in detail the
circumstances which are claimed to cause such economic bardabip.
Such exemptions shall only be granted to residential uaera, ahall not
ap ply to ~ther users, and shall be granted only for such time u the
dem onstrated hards hip exiata.
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3 .
4.
5.
Service shall be considered complete upon delivery of the notice to the
owner of the property or by posting a copy of the notice on the
property in question in a conspicuous place and by mailing a copy of
such notice, registered mail, to the record owner of the property as
disclosed and at the address shown in the current records of the
Arapahoe County Assessor.
If a public sewer is not available within four hundred feet (400') of
the property line of the property upon which a house or building is
located, a private sewage disposal system constructed in accordance
with applicable regulations of the Health Department shall be
utilized to dispose of sewage.
In cases where a public sewer was not previously available within
four hundred feet (400') of the property line of a property but a public
sewer later becomes available within such diatance, the owner may
be required to connect with the public sewer u provided in
subsection H2 above. In such event, after the connection i8
completed, the private sewage dispoeal system shall be emptied,
cleaned and filled with sand or dirt.
It shall be unlawful for any peraon to depoeit or diacharge, or to
cause to be deposited or diacharged, to any waste11•ater collection
facilities any solid or liquid wute unleea through a connection
approved by the City.
I. Damage To P07W. Any person who maliciously, willfully, or nqlipntly
breaks, damages, deetroya, uncovers, defaCH, or tampen with any structure,
appurtenance or equipment which i8 part of the POTW ahall be aubject to
such action and penalty as provided in Section 12-2-6 of thi8 Chapter.
J. Septi.c Waste Fees A11d Charges. The wastewater or septic tank waste hauler
permit fee shall be one hundred dollars ($100.00). User charge for disposal of
hauled wastewater or septage shall be six cents ($0.06) per gallon.
K New co11structio11 Ow Emtiy Sewer Service £inn· If a property owner
wishes to build a new permanent structure over an epttipg aewer Hrvice
line whether the structure ii attached to an enatipg ptructuq or
unattached the sewer service line shall be relocated away from the new
structure or the service line will be replaced with pipe material approved for
use inside a building If the location of an emting sewer service line is
unknown it shall be the property owner's reaoonaihility to determine, by
whatever means nece888rv, the location of the service line to the satisfaction
of the City of Englewood
Section 4 Safety Clauaes The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Englewood, that it is promulaated for the health, Afety, 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
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• '
• •
determines that the Ordinance bean a rational relation to the proper legislative
object sought to be obtained.
5e<;tjop 5 $everahjlity If any clause, aentence, paragraph, or part of this
Ordinance or the' application thereof to any person or circumstances shall for any
reason be adjudged by a court of competent jurisdiction invalid, 1uch judcment shall
not affect, impair or invalidate the remainder of this Ordinance or it applicat.iqn to
other persons or circumstance,.
5e<;tjop 6 lpqmailumt Ordjpaocu All other Ordinances or portiona thereof
inconeiatent or conflicting with this Ordinance or any portion hereof are hereby
repealed to the extent of euch inconaiatency or conflict.
$ectiop 7 Effect of repe,ll or mqdjficetjop The repeal or modification of~
provision of the Code of the City of Enclewood by this Ordinance 1ball not releaae,
extinguieh, alter, modify, or chanp in whole or in part any penalty, forfeiture, or
liability, either civil or criminal, which shall have been incurred under auch provision,
and each provision •hall be treated and held a1 ,till remaining in force for the
purpoaes of euataining any and all proper actiona, 1uita, proceedinp, and
proaecutiona for the enforcement of the penalty, forfeiture, or liability, u well u for
the purpose of 1uataining any judcment, decree, or order which can or may be
rendered, entered, or made in such actions, suite, proceedinp, or proaecutiom.
$ectiop 8 EID<v. The Penalty Provi.aion of Section 1·4-1 EMC shall apply to
each and every violation of this Ordinance.
Introduced, read in full, and puaed on first readin( on the 7th day of January,
2002.
Publiahed aa a Bill for an Ordinance on the 11th day of January, 2002.
Thomas J . Burm,, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I , Loucrishia A. Ellis, City Clerk of the City of Enclewood, Colorado, hereby certify
that the above and foregoinc is a true copy of a Bill for an Ordinance, inuoduced, read
in full, and pa88ed on first readin1 on the 7,. day of January, 2002.
Loucriabia A. Ellis
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Date
January 7, 2002
INmATEDBY
Utilities Department
COUNCIL COMMUNICATION
10 a ii
Sublect
Municipal Code 12-2-4:
·Private Sewers,
Connections and Repairs"
Revision regarding Lift
Stations.
STAFF SOURCE
Stewart Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None
RECOMMENDED ACTION
The Englewood Water and Sewer Board at their November 13, 2001 meeting recommended
Council approval by Ordinance of the changes to Municipal Code 12-2-4: Private Sewers,
Connections and Repairs regarding lift stations.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDEffflFIED
The existing municipal code regarding lift stations allows them in the Englewood collection
system but does not regulate the stations themselves. Sewage lift stations can produce
odors, require maintenance and, If they malfunction, can produce sewer ayatam overflows
(SSO's) which are subject to fines fromJhe EPA.
It is proposed to revise the municipal code to regulate construqllon and placement of sewer lift
stations to minimize odors and the risk of SSO's. This revision would provide a coosistent set
of standards for future sewage lift station construction. Changes naquire lift stations to be built
either inside the structure they serve or outside with odor and SSO controlling features.
FINANCIAL IMPACT
None .
LIST OF ATTACHMENTS
Municipal Code
Ordinance
ORDINANCE NO._
SERIES OF 2002
BY AUTHORITY
ABILLl'Olt
COUNCIL BILL NO. 2 t
INTRODUCED BY COUNCIL
MEMBER~~~~~~-
AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTION 4, OF THE
ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO PRIVATE SEWERS,
CONNECTIONS AND REPAIRS REGARDING IJFT STATIONS.
WHEREAS, the emting Code regarding lift atationa allow• them in the Englewood
collection eyetem but doee not regulate the atationa themaelvea; and
WHEREAS, eewage lift etationa can produce odora, require maintenance and ii they
malfunction, can produce eewer system overflow, which are 1ubject to fines from the
Environmental Protection Agency; and
WHEREAS, the pUl':.ge of this Ordinance will reviae the Code to relUlate
construction and placement of eewer lift stationa to mioimir.e odors and the risk of
sewer system overflow&; and
WHEREAS, this revision would provide a coosiatent set of standarda mr future
sewage lift etation conatruction; and
WHEREAS, these chanaes require lift lltationa to be built either inaide the
structure they serve or outeide with odor and aewer aystem overflows c:ontrollinc
features; and
WHEREAS, the Englewood Water and Sewer Board reco-ended approval of the
amendment to EMC 12·2-4: Private Sewera, Connections and Repain reprding lift
stationa at their November 13, 2001 meeting;
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 amends Title
12, Chapter 2, Section 4, of the Englewood Municipal Code 2000, to read as fo Uowa:
12-2-4: Private Sewers, Connections -c1 Repain.
A. Bui ldings to Have Separate Com&«tiona. Each bui.ldinc shall be served by ite
own eewer service line, and no connection aball be made by extendinc the
service &om one property to another property. Each separate buildinr in a
planned unit development shall have a aeparate aewer service line.
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B. Old Private Sewers. Old private sewers may be used in connection with new
buildings only when they are found to meet all requirements herein and
solely at the risk of the user; otherwise, old private sewers shall be plugged
at the user's expense upon discontinuance of service. The plug in the old
private sewer must be inspected and approved and a plan review and
inspection fee will be charged by the City.
c. Desig11 a11.d Co,istructi.o11. The size, slope, alignment, and materials of
construction of a private sewer, and the methods to be used in excavating,
placing of pipe, jointing, testing, and backfilling the trench and all other work
shall conform to the requirements of the Building and Plumbing Code or
other applicable codes, laws, rules and regulations of Federal, State, and
local entities.
D . Private Lift Statum.s &111er Ele~a,ie11. Sewage lift stations ehall 'lie
prohibited except Im ml structures where it can be clearly demonetrated t.o
the satiefaction of the City Manager or his representative that the senr
discharge pipe rnnnot be located to allow die ele, ailen ill '8e le" '8 permit
gravity flow to the public sewer; , §anitary sewage diacharge from such
structure! shall be lifted and discharged to the sewer II, a git, ans Tri
getH1-, Healtl!. 9epaPM11e11t ap;,re, ea faeili-, wmel!. by means of a sewage
lift station that shall be located inside the building to be served which
sewage lift station shall be omwL operated and maintained by the user.
Sewage lift statione may be located outside building onlv with the approval
of the Water and Sewer Board after submission of compelling evidence that
no alternative arrangement is or was possible Outeide building lift stations
approved by the Water and Sewer Board must have bolt-down, psketed
lids, vents that extend& above the building roofline, and water tight
containment structures with top rim elevations that extend at least six
inches <§"} above the rim elevation of the nearest toilet bowl Furthermore
the property owner shall enter into an agreement with the City of Englewood
which agreement shall bind the owner and all future suc;ceBSOrs and auigns
whereby, should the lift station overflow. the City shall be held.harmless and
indemnified against all State and Federal fines penalties and legal actions,
E . Installatio11 a11d Mai,ite,umce. All costs and expenses incidental to the
installation and connection of the private sewer shall be home by the
applicant who shall retain or employ a licensed sewer contractor or plumber
to make connection to and install a sewer.
The service line from the public sewer main line to the structure to be served shall be
installed by the property owner at his/her expense. The owner •hall hold the City
harmless for any loss or damage that may directly or indirectly be occasioned by the
installation of the service line ,or the malfunction of any old private sewer.
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The owner of any property connecting to the POTW shall be responsible for the
maintenance of the aervice line from the public sewer to the structure to be aerved.
The owner shall keep the service line for which he/she is responsible in good
condition and shall replace at his/her expenae any portions thereof which, in the
opinion of the City, have become damaged or disintegrated 88 to be unfit for further
use, or is in such condition to permit infiltration into the system. All repairs shall be
completed within thirty (30) days after notification and shall be completed by a
bonded contractor. The owner shall be responsible for returning the public right-of-
way and the street to acceptable City standards .
F. Oil A11d Grease l11terceptor lnstallatio1L'
1. Grease l,i.terceptor l11.11tallatio11 Criteria: Grease trap interceptors are
required for all facilities used and operated regularly for the aale of
prepand food, including but not limited to l"Ntauranbl, cafes, fut
food outlets, pizza outlets, delicat.NNns, 88Ddwich shops and any
and all other kinds and types of food vending establishments in
which any food preparation (including heating or deftoatins in or by
means of any kind of oven or heating device) takes place on the
premises, whether or not such facilities are located in a aeparate
building or structure or occupy space in a building or structure that is
occupied by other busine8118s, 88 well 88 schools, churches,
boardinghoUBell with communal kitchen facilities, nursing homes,
and day care center& which have kitchens and engage in the
preparation of food. In addition, meat cuttinc facilities and others
capable of dischargina significant amounts of areaae into the POTW
ehall be required to install grease intercept.on. The exception ahall-
be those facilities granted a variance by the City with the approval of
the Water and Sewer Board. Greaae intercept.on ahall not be
required for private residences or dwallinp unlau there are
commercial uses within the dwellinp that generate amounts of
grease beyond that generated by a residential dwelling.
2 . Grease l11terceptor Si.zing Criteria.· The City shall promulgate rules,
regulations and criteria for grease interceptor sizing.
3 . l11.11pectio11 of Grease l1iterceptors: The City shall establish an
inspection program for greaae interceptors. The City shall develop
rules and regulations to inventory all greue interceptors and
document the inspections of these interceptors.
4 . Grease Interceptor PwnpilllJ Schedula: All uaera connected to grease
interceptors will be required to pump out their interceptors at
intervals determined in rules, regulations and criteria promulgated
by the City.
5 . Biolo1Iical Treot111e11t: Biological treatment shall not be a eubatitute
for the pumping of the greue interceptor.
-3-
6. Exi.sti,i.g Sources Not Co,mected to Grease 111.Urcept.ors: Existing
sources not connected to grease interceptors and which contribute
significant amounts shall be identified through inapection of the
collection systems. Once these sources are identified, they will be
required to implement best management practices (BMP's) to keep
oil and grease out of the POTW . The City shall promulgate rules,
regulations and criteria for BMP's.
7 .
If the BMP's are not successful at the facility and the facility
continues to contribute significant amounts of oil and grease to the
sanitary sewer, aa documented by field i.mpect;ions, then the facility
will be required to install an adequately sized grease interceptor.
Right of E1ltry : Whenever it ia neceaaary to make an inspection to
enforce any provisions of this Section, or whenever the City believes
that there exists in any premises subject to this Section any condition
or violation with regard to the use and maintenance of oil and grease
interceptors, the City personnel may enter such premises to inspect
the same provided that proper credentials be prnented and request
and be granted entry, or otherwise have grounds for a aearch warrant
exception as may be authorized by law. If requested entry be refused,
[the] City shall have recourse to every remedy provided by law to
secure entry, including an iaauance of an administrative warrant
from the Municipal Court or from the District Court of the State of
Colorado having jurisdiction.
G . Permit Required. Before commencement of conatruction of a private eewage
disposal system, the owner shall first obtain a written ·permit si.ped by the
City.
H . Co,mectum Requirement:
1 . The applicant for the private aewer permit shall notify the City when
the private aewer ia ready for inspection and connection to the public
sewer. The applicant must have secured a permit and have met all
City requirements. The connection shall be made under the
supervision of the City's repreaentative.
2. The owner of any structure used for human occupancy, employment
or activity, situate within the City, may be required at such owner's
expense to connect such structure to a public aewer, if such a public
sewer is within four hundred feet (400') of the property line of the
property upon which the structure ia located. Such connection shall be
made within ninety (90) days after notice from the City ia served on
the owner of the property affected; provided, however, that in the
event compliance with this subsection causes severe economic
hardship said person, he/she may apply to the City for exemption
from this subsection. Such applications shall state in detail the
circumstances which are claimed to cause auch economic hardship.
Such exemptions ahall only be sranted to residential uaen, shall not
apply to other users, and shall be sranted only for auch time u the
demons trated hards hip exists.
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I.
J .
3.
4 .
Service shall be considered complete upon delivery of the notice to the
owner of the property or by posting s copy of the notice on the
property in question in a conspicuous place and by mailing a copy of
such notice , registered mail, to the record owner of the property as
disclosed and at the address shown in the current records of the
Arapahoe County Assessor.
If a public sewer is not available within four hundred feet (400') of
the property line of the property upon which a house or building is
located, a private sewage dispoaal system constructed in accordance
with applicable regulations of the Health Department shall be
utilized to dispose of sewage.
In cases where a public sewer was not previously available within
four hundred feet (400') of the property line of a property but a public
sewer later becomes available within such distance, the owner may
be required to connect with the public sewer as provided in
subsection H2 above. In such event, after the connection is
completed, the private sewage disposal system shall be emptied,
cleaned and filled with sand or dirt.
5 . It shall be unlawful for any person to deposit or discharge, or to
cause to be deposited or discharged, to any wastewater collection
facilities any solid or liquid waste unless through a connection
approved by the City.
Damage To POTw. Any person who malicioualy, willfully, or negligently
breaks, damages, destroys, uncovers, defaces, or tampers with any structure,
appurtenance or equipment which is part of the POTW shall be subject to
such action and penalty as provided in Section 12-2-6 ofthis Chapter.
Septic Waste Fees And Char1es. The wastewater or septic tank waste hauler
permit fee shall be one hundred dollars ($100.00). User charp for disposal of
hauled wastewater or septage shall be six cents ($0.06) per pllon.
Sectjon 2 Safety Clauaee The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Englewood, that it is promulgated for the health, safety, and welfare of the
public, and that this Ordinance is necessary for the preservation of health and safety
and for the protection of public convenience and welfare. The City Council further
determines that the Ordinance bears a rational relation to the proper legislative
object sought to be obtained.
Sectjon 3 Seyerabjljty If any clause, sentence, paragraph, or part of this
Ordinance or the application thereof to any person or circumstances shall for any
reason be adjudged by a court of competent jurisdiction invalid, such judgment shall
not affect. impair or invalidate the remainder of this Ordinance or it application to
other persons or circumstances.
Sectjon 4 Inconsjstent Qrdjnaps;rs All other Ordinances or portions thereof
incoll.'liste nt or conflicting with this Ordinance or any portion hereof are hereby
repea led to the extent of such inconsis tency or conflict .
. 5.
.:.. ,
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$ectjop 5 Effect of repeal or wodification The repeal or modification of any
provision of the Code of the City of Englewood by thia Ordinance •hall not releue,
extinguish, alter, modify, or chanae in whole or in part any penalty, 6>rfeiture, or
lia bility, either civil or c:riminal, which ahall have been incunecl under auch proviaion,
and each provision shall be treated and held u still remaining in force for the
purposes of suataining any and all proper actiona, auita, proceedinp, and
proeecutiona for the enforcement of the penalty, Corfeiture, or liability, u well as for
the purpoae of sustaining any judgment, decree, or order which can or may be
rendered, entered, or made in such actiona, auita, proceedinp, or proeecutiona.
$cs;t;jpp 8 f.uall;x. The Penalty Proviaion of Section 1-4-1 EMC aball apply to
each and every violation of thia Ordinance.
Introduced. read in full, and p88Nd OD firat readinc OD the 7th day of January,
2002 .
Published aa a Bill for an Ordinance OD the 11th day of January, 2002.
Tbomu J . Burna, Mayor
A'M'EST:
Loucriahia A. Ellis, City Clerk
I, Loucriahia A. Ellis, City Clerk of the City of Enc]ewoocl. Colorado, hereby certify
that the above and foregoing ia a true copy of a Bill for an Ordinance, introdumd, read
in full, and paaaed on &rat readinc on the 7th day of January, 2002.
Loucriahia A. Ellie
-6-
Read by title and puaed OD final reading on the __ day of ___ _
2002 .
Published by title as Ordinance No. _ Series of 2002, OD the __ day of
~2002.
Thomas J. 8Ul'llll, Mayor
ATTEST:
Loucriahia A. Ellis, City Clerk
I, Loucriahia A. Ellis, City Clerk of the City of Eqlewoocl, Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance puaed on final niacting
and published by title aa Ordinance No. _ Series of 2002.
-1-
OBDINANCE NO . f_
·SERIES OF 2001/2002
BY AUTHORITY
COUNCIL BILL NO . 83
INTRODUCED BY COUNCIL
MEMBER WOLOSYN
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
ENTITLED "AGREEMENT REGARDING DESIGN OF DRAINAGE AND FLOOD
CONTROL IMPROVEMENTS FOR LITTLE DRY CREEK AT THE CITY DITCH"
BETWEEN THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND
THE CITY OF ENGLEWOOD AND THE CITY OF CHERRY HILLS VILLAGE .
WHEREAS, the City Ditch siphon in the 3700 block of South Clarkson Street
must be repaired because erosion is causing aettling beneath the pipe; and
WHEREAS. the propoaed spillway would allow Little Dry Creek water to flow
over this piped area of the City Ditch and protect the pipe that goes beneath Little
Dry Creek; and
WHEREAS, Urban Drainage and Flood Control District will be contributing 50%
of engineering and construction coeta for this project because EncJewood's siphon
structure is within their flood plain jurisdiction; and
WHEREAS, to maintain flows in that floodplain a proper protection structure
must be constructed a one-hundred foot (100') Nction; and
WHEREAS, t he Englewood Water and Sewer Board recommended approval of the
Little Dry Creek siphon by phone vote on December 6, 2001;
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
$ectioo I . The. ,:::ity Council of the City of EncJewood. Colorado hereby authorizes
the lnteraovernmental Asreement entitled "A,reement Reprdinc Desip ofDrainap
And Flood Control Improvementa For Little Dry Creek At City Ditch" between the
Urban Drainage and Flood Control District and the City of Englewood, a copy of
which is marked aa "Exhibit A" and attached hereto.
$tg.jop 2. The Mayor and the City Clerk are hereby authoriaed to aip and atteat
said Intergovernmental Asreement on behalf of the City of EncJewood.
Introduced, read in full . and paaaed on tint readins on the 17-day of December,
2001.
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Published aa a Bill for an Ordinance on the 21• day of December, 2001 .
Read by title and paued on final read.int on the 7th day of January, 2002.
Publiabed by title 88 Ordinance No. _. Seriu of 2002, on the 11th day of
January, 2002.
Beverly J . Bradahaw , Mayor
ATTEST:
Loucriahia A. Ellia, City Ck_k
I, Loucriabia A. Ellia, City Clerk of the City of Eqlewood, Colorado, hereby certify
that the above and foregoing is a true copy of tbe Ordinance ~ on final readinc
and published by title 88 Ordinance No. __. Seriea al Z002.
Loucriabia A. E1lia
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AGREEMENT REGARDING
DESIGN OF DRAINAGE AND FLOOD CONTROL 1MPROVE:\1E?lo1S
FOR UT11.E DR.Y CREEK.AT CITY DrTCH
Alf'NUMllll No . 01-11.l 0
THIS AG.REE.'1ENT, made this day of 20__, by aad
~ URBAN DRAINAGE AND FLOOD CONTROL DTSTRlCT (Jmlmafta' called "OISTIUCT"),
CITY 01 E'JGLEWOOD (blninaflar called "ENOL£W00D") and CTY OF CHERRY HILLS
YR.LAGE (barwinafter called "CHERllY HILLS") 1111d colJeclive.ly mown u "PARTIES";
WIDIESS&TH:
WHEREAS, DISTRICT, in I policy stallemeat prmously ldop(ecl (llesolutian No. 14, Series of
1970111d Raoludoo No. 11, Series of 1973) apnlllad III imeatto mill public bodies wtlic:b have
beretofare euclN floodplain replaCicm IIINlurcs; 111d
WHEREAS, p ARTIES, Doups County, 111d City ol Ot&1wood vina,e puticipmd ila I joint
Plaanilas s1lldy tided "Major Drainapway Plammia, Little Dry Crelk by McCall-Etlinpoll cl: Morrill,
lac., dllld Ftbnaary, 1974 (hereiDaflm'called "PLAN"); and
WHEREAS, PARTIES now desirw to proceed widl daip and COllllrUCtion of dniup aad flood
control impro~ f'or Liula Dry Creek at City Dm:b (blreiDaftar called "PR.OJECT"); and
WHEREAS, DISTRlCT bu adopCllld al a public-ms a F~ Y ... Capital bnpravemmt
Propm (ltesolutioa So. 77, Series of2000) for draiaap 111d 8ood CC111r01 fai:ilitias ba wbich desip of
PllOJECT wu iacluded in die 2002 calendar year, and
WHEREAS, OISTRlCT bu bcremfi:n adoplacl a Special~ Fuad B1ldpt for QJcdar ya,
2002 subsequeui to public bariq (llaollltion No. 71, Serita of:001) wmc:b iDchldes ftmcls for dNip
of PROJECT; and
WHEREAS, DISTRlCTs Board of Directars baa audamd DISTRICT fiDancial plllicipalioa for
design of PROJECT (bsohadoo No.~ Seri• of2001); 111d
WHEREAS, the City CoUDCil of ENGLEWOOD, lbe City Council of CHERRY HILLS ad lbe
Board of Directors orDISTRICT have authorized, by appcopaiatioll or ,-c,hmcm, all of PllOJECT ~
of the respective PAR.TIES.
NOW . THERE.FORE, in consiclcratioa oflbe mu1Ua1 promiMs caatlined bereiD. PARTIES henlllo
Iii'" u follows:
I . SCOP.E Of AGREEMENT
This Apeammt detlw die respoasibilliie and fiawia1 c._.., of PARmS with NII*'
10PROIECT.
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diacmionuy programs u approved by DISTIUCTs Board ofDincton may be comidll'ed u IIUI
applied toWll'd ENGLEWOOO's aharc of ilnprovem111t com.
Payment of tadl party's 1\111 share (ENGLEWOOD· Sl0,000; DISTIJCT • 110.000; QfEIUlY
HILLS • S-0-) sbal1 be made to DISTIUCT subsaq11111t to eaculion oldlit A.-r aad withia
30 days of request for payment by DISTRJCT. The paymlllta'byPAR.TIBS sball bt beld by
DISTJUCT in I special fund to pay tar iacnmentl of PROJECT u llllbadmd by PARTIES. 111d
• cleflned bereia. DISTRJCT sbail proYide I periodk: ICCOllllblll of PllOJECT funds u -n .. I
plriodic natificatioa to ENGLEWOOD of-,, aapaid oblipliCIIII. Nq inlm.c lllud by 1be
--contriW by PAR.TIES lhal1 bt accnaed 1D me lplCial fllDd llllblilMd by DISTRICT fw
PROJECT IDd such ..,... lllall be 1111d oaly for PROJECT apaa appnml by die c:aatncCiq
of!k:en (Plnpapb 12).
Wilbin OM yar of COllll'letiOD of PP.OJECT if then .. IIIOIUII iDc:Jlldina ialllrat armd
IWiDiq wbic;la .. not~ ob1iprad. or cliabuned, wll pllty sbal1 l'II08M I abare of
9IICb moaiet, which --. sllall bt COlllpUllld u were dll oripll ..._
6. fJtW. Pf.SIGN
lbe CODlrll:Uq officers tbr PARTIES, u deflnld llllder PUlflAPh 12 of dlit AarNm«lt. sball
Nlect aa eqillNr mllNllly apaable tlO bods P AllTIES. DISTIUCT sball e0111nCt wida leledlld
tqimw lDd sl!.ail suparviJe and eoontui. tbe 6uaJ desip UICiDdml dpt.of-way delimacioa
mbject to approval oflhe caalnl:tia1 o8icer far ENGLEWOOD IDd CHElUlY HILLS. 'Pay1DIIII
far 6uaJ daip sllall bt made 'by DISTRICT u die work PIOii 11 haa die PllOJECT 6md
llllblilbed • set for1h .__
Fillal daip .vices sbal1 couisc o£ but not bt limitlld to. tlle followiq:
A . Preparuioa of a warlt plan scbedule iclentiftiq the dmma of-jor elemlma la die delip;
B. Pr9paratioll of doled cCIIIIINdiaD drawiap 111d lplClflcadoa,;
C. PrepanlioD of aa admllll of probtblt caastraclioa CIClltl of111a work CCMRd 'by 11w plaDI
111d apdicalioas;
0 . Prepanlioa of ID ~ conllrUc:tioD IChechala:
DlSTRICT sball provide aay writllla wodt p,odu;t by Ille ..._..1D ENGLEWOOD 111d
CHERllY HILLS.
7. OWNERSJ:IIP OF PROPERTY AND LIM(l'A1]0N Of usi;
ENGLEWOOD IDCi,'or CHEllY HILLS tllall owa tbl proplft)' Iida. iD 1'1c or _...e,acablt
-• and shall be respoaaible for same. It is specit'acalJy IIMlerllDOd dill die riabloOl·way it
beiq used for drainap 111d flood coaaol JIWllOMI. The p,apa1ias apoa wllicla P~ ii
comtrw:led sbaJI Dot bt used for llfY plllpOIC lhat sball cllmillisb or pNCllldl Its Ille fbr draiDlp
111d flood control purposa. ENGLEWOOD or CHEIUlY 1ULLS may INll dilpole of or dllnp die
11R of the propwuca witbout lf!PIOYal ofDISTlUCT. 1£ :za tbe ftdmw, ENOUWOOD or
CHnll Y HILLS disposes of my poniaa of or Ill oftlll p,v,._ ..... apoa •bidt
PROJECT is conllrUl:1ld p11'1111111 ID 1111s ~ c:unp1 die ., ol aay panioll or all of._
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properties upoo which PROJECT is COU1nlCted pursuant to this Agreemem; OI' modifies ~· oftbe
improvements located OD aay portion oftbe properties upon wbic:h PROJECT ii co~
pursuant to this A;reemmlt; aad ENGLEWOOD or CHERRY HILLS hlS not obtained tbe .. ritllo
approval of DISTRICT prior to such action, ENGLEWOOD or CHERRY H1LLS sball ta&e my
and all action aecaaary to reverse said unauthorized activity ad retum the properties and
improvements thereon, acquired aad consuucted pursuant to this A,recment. 10 the o~p and
condition they were in immediateiy prior to the WWllborized ldivity • ENGLEWOOD er
CHERRY HJ.LLS's sole apcme. la the CYeDt ENGLEWOOD OI' CHEIUlY IDLLS brai::'.es tbe
tams and provisions or this Parapaph 7 and does not vohllltuily aure u uc bib above.
DISTRICT shall bave tu riabt to pursue a claim apinst ENGLEWOOD or CHElUlY E::..l.S for
specific: perf'onnanc:e of this ponioa of the Apement.
PAR.TIES sbaJ.l, prior to tbe recontiq by ENGLEWOOD •X' CHERRY HILLS of my d«:;zaw
lrlDsfmina title or anodler interest 10 property acquired pursuant to du, Agreement to
ENGLEWOOD or CHERRY HD.LS, cxecure a lDIIIIOl'IIMium oftbis Aareement (Exhlcu 3).
specific:ally a verbatim transcript of Parappb 7. OWNERSHIP Of PJlOPER,TY ASP
LIMITATION OF USE ~ ror this sub-plrqraph which shall not be coatainecl in tbt
IMIIIOl'IDdwn. the memoruidum sball reference by lepl descriptim die propaty beiq a=quind
by ENGLEWOOD or CHERRY Hl1l.S lad sbaU be recorded in 1be recards oftbe Clark md
Recorder of Arapahoe County immedi1rmy following tbe rec:ordin1 of1be documClr aamfeuina
tide or another iataest to ENGLEWOOD or CHEllY RILLS.
a. MAINTENANCE
PARTIES agree that ENGLEWOOD or CHElUlY RILLS shall own lDd be raponaiblc ~
maintenance of the completed IDd Kccpted PllOJECT. PAR.TIES f'anbar qree ~ DIS':1UCT,
111 ENGLEWOOD or CHERRY H1LLS's request, sball aaist ENGLEWOOD OI' CHERAY HnJ.S
with the main1e111Dc:e of all facilities COIIS1nldad or modified by Yirlae oftbil Ap'Nmc::: ~ 1be
extent possible depending oa availability of DISTRICT fwlds. Suell maintmrmce usirm sball
be limited to drainage and flood control feaiures of PROJECT. M1inlm1ncc nsiSWM:e :say
include activities such u keeping flow areas ft"eO and clur of debria 111d silt. kNpin1 c:-..h..u ~
of debris and sediment, rcpairinc drainage and flood coalr'Ol l1"ll:tlnl such u dn,p ffl™ and
energy dissipaters, and clean-up meuures aft. periods of heavy nmoff. The ll)eCific ::acr. aftbe
maintenance auistance shall be set fonh ill a mamorudrm of UDdenlaDdiDs &om DIS":'lUCT ID
ENGI.£WOOO or CHElUlY HILLS, upoa ICX4pCIDCe ofDISTIUCT's aaua1 Mein!raoce Wark
Program.
DISTRICT 5ball have riaht-of-Keell to rip-of-way ad storm dnmap Improvements a: all tirMs
for observation of flood CODtrol facility coadmoas IDd for IIIIUdUIDce when ftmcll ar: Plillbll.
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9. fLOOPlLAIN REQIJl,A'OON
COUNTY 1p11 11D replalll llld coatrol the floodplain ofUUle Dry Cnlk widaiD ENGLEWOOD
« CHEJUlY HILLS i1I die manoer prwc:ribed by 1111 Nl&ioftal Flood lllllnlCe Propam 111d
pracribld replal:iom tben:to • a mmimam.
P AllllES undlrslud md aa,ee. bowever, !bat ENGLEWOOD or CHEIUlY HILLS Clllllot
oblipa itself by e0111rKt to CXMCi11 iD police poMn. If ENGLEWOOD or CRERllY HILLS
&ils 11D rqu1at9 die ftoodplam ofLilda Dry Creek witbia ENGLEWOOD or CHEllRY HJLLS ia
t11a 111111111r pracribld by die Nadoaal Flood Jminnc:e Propan ad prarlbed repllliom .._
• a minimum. DIS'mlCT may a.cue ill JIOMr fD do so 111d BNOUWOOD ""OIElUlY
HILLS all~ tblly.
10. TQM Of A(iBEEMJNI
The tam ofdlil ~ sball ~ upon flaaJ 1UC111io11 by all PAJll'JES ad sba1I
..... t,,wo yan aftlr1bc final paymlllt ii mads ID ----------final
ICCOIIIIWII of fimds oc clepolit at DIS1lUCT is providld to all PAI.TJBS ,...-ID Panppll S
i.wm, except b PananPb 9. E-0<'¥lPWtf R!QOLA'!JQN. ,.....,aa 7. Qft'IMfflP Of
PBQPfllTY AND LIMITAnQN Of UJE.11111 Panppll I. MAJNJPJANC!, wbicb lllaD l'llll iD
parplCllily.
11. Yt\llYIX
Eada JllrlY ..._ sball be..,_..,. filr-, lllill, daunda, c:o111 or acCiam at law~
6am its own acts or omillioal 11111 may imme apiut-h poai)ilidla u •+•·
12. COOBAMJN9 OfllCERS AND 'NQTJC8S
A. 11le comnctill1 officer ro, ENOLEWOOD sball be~ ofUdlkila, City of!.....-,.1.
1000 Eqlewood Pvkway, !qllWOOd, Cokndo IIOOIS.
8 . Thi COlllnCtiq officer far CBEIUlY HILLS sball be
C. 1ba eoncra:tiq omccr far DISTRJCT mall be 111a ~ I>inclar, 2AIO W• 2"b
Avenue, Sui111 l 56B, Dever, Colorado I021 l.
D . AAy DOtices, dmllllds or Giber commmicalioas requind or peaailllCl ID be pvea by my
provision of tbis Air&_. mil bl pa In wriClns, delivend pmaaally or -by
repstared mall, poace,,.... ed rellancoife ~...._.ID PJJl11ES II ..
addre.-Mt fordl abaw or at tUC:b ocber llldla • eitllar party_,__., ar hm dml
a, time desipaa by wri-. DOlice to 1111 adN&-JIIII)' pwa wba perlClll&IJy deliwnd or
mailed, 1114 sba1I be oouidlnd l'IOlmd ill tbo artier of eidNr .. ·-wllicla ala 1IOlica
is IC1llllly recciffd by lbe I*')' 11D wllom it is addreulll or 1be tllinl day dlr lllda DOlioe ii
mailed.
E. 1ba ~ontnctiaa officers for PAR.TIES each IIIW IID deli .. ad aaip a projeal
~ w act oo 111e bellalf o1su1 PAllTIES 1a an .... ..._.'° noJECT
UDdcrtalcen pamaet 11D 11m ~ Eacll ....... aul ..... all
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PROJECT-related issues between PAR.TIES, sball aucud all p-ogras meetu11!-IDd sb&ll be
responsible for providing all available PROJECT-rewed file imormariaa 11D the msm-r
upon request by ENGLEWOOD or CHERRY HILLS. Said ~pnwwwarativa sbaa have the
audlority for all approvals, autborizUions, notices or coneumaces requinNI under mis
Apeemem or any IUDIIDdments or addenda to Ibis Agreernem.
13 . AMENDMENTS
This Agreement coataim all of die tenns agreed upon by and IIDODI PAR.TIES. Any ~
or modifications 11D Cius AgrNmcnt shall be iD writiq ml executad by P AllTIES herero to be
valid and binding.
14. sgyERABil.JJY
If any clause or provision herein comaiDed shall be adjudpd ID be invalid Ill' UDeDlarcabla by a
coun of compeunt jurisdiction or by oplrllion of my applicable law, such iDvalJd or
unenforceable clauac or provisioa shall not afl'ect the validity oftbe .A;reemeat as a ,.1u,1e and all
other clauses or provi.,ions sball be &iven full force and efhct.
1S. APPLICABl,ELAWS
This Agreement sbaU be pemed by Ind coDICnled in accordance wi1h 11ie laws of a Stall! of
Colorado. V eaue for any md all lepl actiom reprdina tbe IJ'IDsaCtioa covend herr.n sball lic iD
District Court in and for the C0UDty ofDenver, Stare ofCdondo.
16. ASSTGNABILOY
No party to th~ A;recment shall Ulip or trlDlfer my ofitl ripts or obliptiom b.iwww.dw
without the prior written coment of the DOllllliping part) or pllrtiel ID tbis Apllm,mt.
17. BJNDINQ EFFECT
The provisions oftbis ,\p'Nment shall bind and sball iDur-: to die benefit of PAR.TIES ber9ID 111d
to their respective succeuors and permitted assip.
11 . ENFORCEABILITY
PAR.TIES hereto agree and ackaowlcclp tbat dlil Aareemmt may be mfolced ill law or in equiiy.
by decree of specific performance or damages, or such other lep1 or equilable rcJie{ u may be
available subject to the provisions of the laws oftbe Stare of Colorado .
19. TER.l\1TNATION OF AGREEMENT
This Agreement may be tenninamd upon thirty (30) day's uvriUlm DOCic:e by ay of PAll'l'IES, but
only if there art DO coatiDpnt, our,tndjgl comracu. lfthfn a CGlllinpar. 01191Ddinl
c:oatraets, this Agreement may only be 1llnDinated apaa mlltDII IIJ9IIDlllt of all PARTIES lllll
only upon the cancellation of all caatinpat, OUlllilndia, coauacts. All cOIII ~ wida tba
cancellation of the commpnt COldncU mall be sbared betwwD PAllTIES iD dies-=-ralio(s) a
were their coaaibutions mt subject 11D tbc cnaimam aCNDt of eacb party's OCIIICribazicm II •
forth herein.
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20. PUBUC Bfil AIIQNS
h sbaU beat ENGLEWOOD or CHEllllY .~s ,oll mcnticD to iaililel ud to cmy oat_,.
public rellliaaa propam to inform die residllm ill PllOJECT.,.. • to tbe JllllpoM of P1lOJECI'
11111 wuc impKt it 111&Y 11ave on 1111m. Teclmical n t1m1 dlliaa -= !&Dlft dmoa, sbaU 11e
penlllllCI to die public by Iha selec:tN daip eapieer. Ia 1111)' eveat DISTJICT all haft DO
rapomibilily for a public relal:ions pn,pam, llal-U milt l!NOLEWOOI> or CBERI.Y HILLS ...................
21. NQ QJPDmftlJON JN EMPLOXNRIT
la.....,.,,;.,.. wida tbe pafiralmM11:e of work ...... A-. I IP TIit, P.AI.TJl!S .. DOC 1IO rdlle
IO ..... dilclllfll. pnmolll CII' .... orto .... • C ii ..... of _, I ssdcm .......
.... adlSwill qaaliW 1Nic:aul of ,ace. cob, 1111:11111, CINd, rellpa. llllioDal aripa, ......
Ip, miJklly w, aaml ortenrarMm. awital....., .~ ar--1 dilal,a'lily 111d fllr6rr
..... 10 illmt tbe lcweFiDI proYisiaa iD an .................
22. APPRQPBIAT1QNS
'NocwilblllDdiaa Ill)' odm trma, caadilion, ar poYisiaa berein. wh 1114 nay oblipliaa of
ENGLEWOOD, CHEllllY HILLS md/ar DISTI.ICT MN iD 1lail Ap1 mw1 is sabject ID tbe
......... o1. prior approprimaD offtmds ..... by lbl .,..._.,.,...,body of
ENGLEWOOD, CHEIUlY HILLS Utlloi DISWCT.
23. NO DPBP PAl\tx BfiNIEIAARIM
It ia apcwly imd IIDUCI IDCI ..... dlel wfaa 11 m 1• ofdlo .._ llld allDltidmt1 of11m
A.......-r, IDd all rialm of &l:tiaD NJa1iDa 1D mcla .,., tat, -a be llric:ly ......Sm
PAllTIES. ad nalbiaa C01111iDec1 iD dlil,....... -0 par allow my 1111:11 claim or rip& of
action by aay odiar or daird pmon Gil such~ I& ii die CIIP'NI ialllllm of PAaTl&S
dial aay pcson or pany odler dlaa Ill)' oae of PMTIES racaivina lm'Yicll or ,beaa41a adlr Ilia
Apwmmt sba1I be deaecl tD be. iDcidlalal badlcilly Ollly .
WHEREPORE, PAlmES ..._ hPe caUlld tllis ......_10 be IIXK-.I by properly
IUlbariZld sipatoria u of ' e dale and year fint abow wrillaa.
(SEAL)
ATTEST:
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Tilll Irr 11it1 Pi r r
(SEAL)
A'ITEST;
(SEAL)
ATffST:
City AllDrMy
,
CTY OF BNGLEWOOD
IY.----------Tllle, __________ _
DIii, ___ _,,, _____ _
crrv Of CHDJLY BltU VlLLAGB .,. _________ _
T••----------
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AGU!MENT IU!GAIDINO
DESIQt,I OF OIWNAGE AND n.oa:> CONmOL DftOVEMEN1'S
FOllUMLB D&.Y CUlllt AT ENGLrMX>D DITCH
• mNo.01-11.10
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AGREEMENT lEGARDING
DESIGN OF DRAINAGE AND FLOOD CONTJ.OL JMPIOVEMQIITS
FOR LITTLE Dll.Y CREEK AT ENGLEWOOD DITCH
(UDFCD Apement No. 01-11.10)
ExhibitB
MEMORANDUM
'Ihis :MEMORANDUM ii .....S illll> dais day of 20_ b! mi
between URBAN DRAINAOE AND FLOOD CONnOL DISTRICT, a~ IIIC!-·-
wbOle lddNSI ia 24IO WIit 26dl Avame, Suite IS•B, Deimlr, Colando I0211 (lllleindlr ~
"DlSTlUCT") ud a pauwwwral llllily, wboN lddrea :.s
----------(bezeial1tar called "CITY") aad colllcciwly bc,wn II
"PAR.TIES";
WHEREAS, PARTIES GdaCll into "AgrNlllelllReprdina Fiml Daip.Ript,,o!-Way
Acquisition and COIISINC:lion ofDraiufe 111d Flood Conlrol .tmprovemms b
__________ __,• tJDFCD ,..,_.No. on er about
___ _, 20_ (llereimfter called "AGREE.~ md
WHEREAS, AQRE.E.\iENT is Ulll'ICOrded, ~ PAR.TIES have qreed ill A~"T 1D
dCCld tlaia MEMOllANI>UM in the r..cords ofibl Clalt ml b:ordar of ________ _,
Simi of Colondo, iD order 1D put all who iaqm Oft nock:e of AGREEMENT md ill p111icu1ar ~
7.C of AGREEMENT; and
WHEREAS, ill AGREEMENT, PARTIES aan=ed 1D pll1icipll8 equally (up to a maim1= : ,
s ____ eada) m tho cosc oflbe COllllnlCdon of draimp aiu1 flood CClllll'Ol improvemem:s ::r
___________ wil'iliD CITY bollndariea 'Wbidl iDdude
____________________ ()lereimftlr :alled
"Plt.OJECT"); 1111d
WHEREAS, consuucuon of PROJECT may require die ai:quiaitioD by CllY of rNl ~-; md
WHEREAS, AGRnMENT flardllr provides tbat CrIY will OWD all r-1 ~ require !D
CODmict tn. improvemmt, Uld that crrY O'Nllenhip Of 11W ruJ proper!)' sbal1 be subjKt (0 C. 1mDI
1111d coriditions af AGREEMENT and ill panicular Paraaraph 7.C of AGREEMENT; IDd
WHEREAS, 'Pvqnph 7 .C of AGREEMENT provides in apprvprille pat u t'ollows :
"7.C. <>n,nhip gf Prppeny apd Llmjprjgp ofUas . CITY sball owa llae propaty eitbr: ~-or
non-~le ewmait and sball ha rapoasible for w. Ir ii speciflc:alJy UACteD;:,oc' 1ml
the rip-of-way ia being 111111 for draiJl8&e 111d flood collllVI JMPONI· Tba propar-..as llpCICl
wbich PROJECT is coDSU1idld sball DOC be med mr MY Jllll)ICIM dlll will dimi:lm: :r
preclude its use foe draiDqt 111d flood c:aatrol purpo911. CITY 111111 aot dispotl ::f :x
ch1Dp die use of tbs properties wldloai approval ofDISTIUCT. ~ ill dal ftmn. -· 'f
'
...
,,
•· •
disslo .. of any ponioa of or all of die properties acquired 1lflOII wlaich PllOIECT ;a
COllsauelild punu111t to daia ~ obmpl tllc '* of Ill)' po,tioa or all of 1be
prope,tica upon which PllOJECT ia c:outnactad pamlllll ID dais~ ot IIIOd=-ay
of me improvemam locad oa my porlion of die propenill upa wllkll PllOJECT .11
cCllllflW:leCl p1ll'Slllllt to this A.-, md CITY UI IICC olaiMcl dll wri1llll ~ of
D1ST1UCT, prior to Mil acdoa, C1TY aU tllal 111)' md an aaiaa ~ID~ llill
IIIIIUdloriZlld ICtivity md n1m111111 propadel ad ilap.o, ... dNnon. aoqai,911 ad
ca•l9U*cl punuat 1111 dlil A.-, ID tla ow--, md oaadilioa dlly ""° ia
U11111Nlaly priortotbe...._.~•aTY'1 ... ..,_. ID die Mm·:IY
lnacutdletamtmdprovilioal otdlil.....,.. ,.c udclDllaat~an • •
tordl lboft, D1ST1UCT lhall llav9 die rialil ID,-.. aclaim apilllt CITY 1'or apei:i:6
,-faaaaDoe ofdait partka oldie~·: 111d
WHEREAS, ClTY batjut acquind die rwal P1VP'1'>' dllcriW ill EllllillilZ IIIIIIIICI lllra, ad
iacalpol-.N _. b)' ..... •if• ftlllll wdlllim blnial.para.-todie1111111111d "ffl If . I of
AOIU!IMINT tar the coamtll:tioa o f "ROJECT; ad
WHEIEAS, PAllTJES iatlnd tilaldle1111111 aad pnmsiom of AGU.EMDIT, iDCludiq := mt
lilnitild 11D Panpapb 7.C of AGJlm, art ,ec fo,111 Ya11i1n llloft, mall apply to IDll c:omraJ :a rNI
J11V1*tY delaribld ill Exhibit Z.
NOWTHEREPOIE n' IS AOUED by md _,... PAI.Tl!S Mdlellnlll 111d paovilic:ma of
AGREEMINT, indudiq bataat limillcl ID ........ 7.C of AOUBMl!NT •bda Wllllllm aove
all apply to IDd ooaaol die Nil pnipaty dllcriW ia lxlaibis z. .,., o.N "1 crtY.
Tllis MEMORANDUM ii ace acompllll ._,. of AGUDIINT. l'rvvWDal la dlil
MEMOL\NDlJM shall aat be 1111d ia ......... ~Tl pnmtioL 111 tbl na&ol=dil&
betwND mil ME.'fORANDUM ud tbl •Nllldld AGl!BMENT, dll-tce11dld A~"T IIIID
amirol.
WHER.UOaE, PAI.TIES llav9 CIIIICd dais MIMORANDUM 1111 be --.d by~
llllbori:zad sipamre:s • of dlil dUI 111d )'Ill' abov9 wrila
(SEAL)
ATIEST:
By _________ _
o.. ___________ _
CITY OF _______ _
(SEAL)
ATTEST:
Clerk and b:ordlr.
APPROVED AS TO PODt
A1IIOnleY for1he ______ _
By _________ _
Aaistam AttarfW'f
STATE OF COLOR.ADO )
) n.
By, _____ __:;, ___ _
T'lllt, _________ _
DIIII~----------
IECOM.\flNDED AND APnOVEI):
JtBGJSTDED AND COtJNTBUl(JNEI)
By ________ _
CITY AND COUNTY OF DENVEll)
Subscribed ad swam to babe• dlil day at _____ J 20_, l,y
L. ScottTuckor, Eucutm I)inlc:1orofUdlla Dnillllla al PloodCGllll'OI Dillril:t.
WITNESS my baDcl md official aeal.
(SEAL)
My Commission Expires __________ ___
STATE OF COLORADO )
) ..
COUNTYOF ______ )
Sub9cribed and sworn to before me 1his _____ day of _____ ,J 20_, 1,y
WTtNESS my hlDd and oft'l.cial ..a.
(SEAL)
N-,Public
My Commission Expires-----------"-' • •
ORDINANCE NO.
SERIES OF 200? ).-
BY AUTHORITY
COUNCIL BILL NO. 84
INTRODUCED BY COUNCIL
MEMBER WOLOSYN
AN ORDINANCE APPROVING AN ENCROACHMENT PERMIT AND INDEMNITY
AGREEMENT PERTAINING TO INSTALLING RAMPS, WALLS, STEPS AND
RAILINGS ASSOCIATED WITH PROVIDING ACCESS TO THE ENTRANCE OF
THE BUILDING LOCATED AT 3384 SOUTH BROADWAY IN THE PUBLIC RIGHT-
OF-WAY TO MEET THE REQUIREMENTS OF THE AMERICAN DISABILITIES
ACT.
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 terms and conditions and the issuance of an encroachment permit and
indemnity agreement iBBued by the City; and
WHEREAS, a Building Permit was iBBued in January 2001, for the Bishop Retail
Building at 3384 South Broadway; and
WHEREAS, the property is being developed with retail space for two buaineeees
on the l" floor and three 1 bedroom lofts on the 2" floor; and
WHEREAS, the owner and the architect have provided a plan that providea
handicap acceBB to the front entrance of the building, that does not encroaches into
the Public Right-Of-Way; and
WHEREAS, the City of Englewood received an application for an encroachment
permit from the Owner of 3384 South Broadway; and
WHEREAS, Administrative approval of encroachments into Public Right-Of-Waye
must meet the following conditions:
l. That the wall and or fence are no cloaer that 12 inches (12") from the
back of the walk.
2. That the wall and er fence are in compliance with all other provisions of
the Municipal Code.
3. That the wall end /or fence are not a<ljacent to a atreet that is
designated to be widened or improved; and
WHEREAS, the propoaed construction meets the City'a conditions 2 and 3;
however , the wall and railing as propoaed encroaches int,0 the Public Right-Of-Way
(walk) by four feet (4') and fails the condition l; and
WHEREAS, the improvementa encroach into the public walk four feet {4') leaving
five feet and eight inches (5°8") of clear walk to the nearest obstruction which is a
public street light a nd over nine feet to the curb on South Broadway; and
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WHEREAS , the City staff believe that there is ample room for pedestrians to
move about on the sidewalk in front of this building and recommends approval of
this Ordinance; and
WHEREAS, approval of this Ordinance will authorize an "Encroachment Permit
And Indemnity Agreement" formally recognizing the dimensions of the encroachment;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, THAT:
$ect.ip.n 1. The encroachment offour feet (4') into the Public Right-Of-Way (walk),
as identified in "Exhibit A,• is hereby granted.
5ecti9D 2. The "Encroachment Permit And Indemnity Agreement" attached hereto
as "Attachment l," is hereby accepted and approved by the City Council of the City of
Englewood, Colorado.
Introduced, read in full, and passed on first reading on the 17o1a day of December,
2001.
Published as a Bill for an Ordinance on the 21st day of December, 2001.
Read by title and pasaed on final reading on the 7th day of January, 2002.
Published by title as Ordinance No. ~ Series of 2002, on the 11th day of
January, 2002.
Beverly J. Bradshaw, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of En1lewood, Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance pasaed on final reading
and published by title as Ordinance No . ~ Series of 2002 .
Loucriahia A. Ellis
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T y 0 F E N G L E W O 0
ATJ'ACBMENT 1
ENCROACHMENT PERMIT AND INDEMNlff AGREEMENT
THIS AGREEMENT, made thia day of January, 2002,
between the City of Enclewood, Colorado, a municipal corporation, and Eddie Biahop, the
owner of a certain parcel of real property leplly deac:ribed u: the South 15 feet of Lot 8 and
all of Lot 9 in Block 4 of the Premier Addition Sllbcliviaion
and commonly known u: 3384 So11th Broadway
The City of F.nglewood, O>lorado, hereby crants to ,aid owner of the property at the above
described location penninion to:
Inatall ramps, walla, steps, and railinp UIOCiated with providins accea to the entrance
of the building that meets the requirements of the American Diaabilitiea Act. The walla,
steps and railinp, hereafter referred to u "improvementa·, are to be located in front of
the building located at 3384 South Broadway and ,ball not encroach into the Broadway
public right-of-way more than four feet. Al 1hown on -Exhibit A• conaiatiq of two
paps.
The aforesaid property owner and his heir& and auigm undentanda and acr-that:
1. That the property owner/contractor shall obtain all nec:enary permit& and utiafy all
conditions· required for the construction of the improvement& pl'OJ)OMd in the public
right-of-way.
2 . That this permission is revocable at will and without cause by the City of Englewood
without hearing and without notice other than Notice of Revocation.
3 . That the property owner shall remove the improvements from the public right-of-way
within thirty (30) days after receiving Notice of Revocation by penonal service or
certified mail.
4. That the property owner is estopped to deny the right of the City of Englewood,
Colorado, to revoke the Encroachment Permit or to deny the property ri&hta of said
City .
5 . That the property owner agrees to reimburae and indemnify the City of Englewood,
Colorado, for all neceuary expe nse, of whatever nature that may be incurnd in
revoking this Permit. removinc the improvement& pllced in the public right-of-way,
or any other expenae aa a re1ult of granting the Encroachment Permit.
1000 Eni;lt:woocJ P~rkwa y Englewood, Culorado 80110 Phone 303-i62-2300
D
6 . All maintenance of the improvements ia the responsibility of the property owner.
The costs associated with the improvements are aicnificantly IP'eater than the
concrete curbs and gutters and sidewalb that were used to eatabliah the citywide
concrete utility, therefore the Concrete Utility Fund shall not cover any maintenance
coats aaaociated with these improvements.
7 . That if the City ever determines that the improvements are not being maintained,
and u a result the improvements represent either a safety concern or the visual
appearance of said improvements are a detriment to the urban character of the
Broadway street corridor, then the City will provide written notice that the aafety or
aeatbetic concerna 1hould be addreuecl. The City Manapr may pve written notice
to the owner that maintenance muat be perimned or npain made within a lpec:ified
period of time. If sw:h repairl or maintenance are not performed within the stated
time, the City Manqer may order 1uch repain or maintenance to be performed by
the City and the expeme1 connected therewith shall be a lien upon the property
a(ljacent to the improvements until the coat thereof ii fully paid. If the -ment ii
not paid within thirty (30) days thereafter, the City shall certify such ueeument to
the County Treasurer who aha1l place the same upon the tu liat for the current year,
to be collected in the same manner u other tuea are collected, with a ten percent
(10%) penalty thereon to defray c:ollec:tion c:oata.
8 . That the property ownen •hall maintain insurance coverap suflicient to satisfy any
liability arising u a result of this Encroachment Permit and Indemnity Agreement,
and the City of Englewood shall be held barmleN &om aDJ and all liabilitiN ariling
from this action.
9. That this agreement 1hall inure to the benefit of and be biDdi.ng 11POn the hein,
executon, administrators, Ulip, and IUCCNIOJ'I of the IWl*ti•e partiea.
IN WITNESS WHEREOF , the partiee have set their handa the day and year first
written above.
CITY OF ENGLEWOOD, a municipal corporation
By: _______________ _
ATTEST : Beverly J. Bradahaw, Mayor
By : _________________ _
Loucriahia A. Ellis, City Clerk
By:. ______________ _
Ken Rou, Director of Public Worb
By : ______________ _
Robert Simpaon
Director of Community De,,eJ,opment
PROPERTY OWNER
By: ~~~\Sa \l.(\1..ICJI
Eddie Biahop , Owner
3384 South Broadway
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DECEHeE~ 6 . '01 .........
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UIOUJ'ftON NO. _J
SERIES OF 2002
A RESOLUTION DESIGNATING THE BULLETIN BOARD ON THE NORTH SIDE OF
THE SECOND FLOOR OF THE ENGLEWOOD CMC CENTER AS THE OFFICIAL
POSTING PLACE FOR ALL LEGAL NOTICES OF THE CITY OF ENGLEWOOD FOR
2002.
WHEREAS, the "Open Meetinp IAw",, State Statute l24-6-402(2Xc) requine that the
public place or placn for poetiJll lepl notic:el lball be cluipated annually at tbe local
public body'• firat recular meetins of each caleadar year;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
SectiAD 1. The official poetiJII place for all lepl noticea of the City of Eqlewood for the
year 2002, ,hall be the Bulletin Board on tbe north aide of the IICOlld. floor al the Enpewood
Civic Center and auch notice• ahall be poeted under tbe beading "OPPICIAL CITY
NOTICES." Thia ReBOlution does not in any way of itNlf create a requinment for notice.
ADOPTED AND APPROVED thia 7th of January, 2002.
ATTEST:
Bnvly J. Bndabaw, Mayor
Loucrilhia A. Ellis, City Clerk
I , Loucrishia A. Ellis, City Clark for the City ofEnpwood, Colorado, hereby certify the
above is a true copy of ReBOlution No._ Seriea of 2002 .
Date
January 7, 2002
INfflATEDBY
COUNCIL COMMUNICATION
Agenda Item
10 Ci
STAFF SOURCE
Subject
Designation of Bulletin Board on
the north side of the second floor
of Englewqod Civic Center as the
Official Posting Place for all Legal
Notices for 2002
Department of Finance and Administrative Services
City Clerk's Office
Frank Gryglewicz, Director of Finance and
Administrative Services
Loucrishia Ellis Citv Oerk
COUNCIL GOAL AND PRMOUS COUNCIL ACTION
On January 8, 2001 City Council designated the bulletin board on the first floor north entry lobby of
Englewood Civic Center as the Official Posting Place for all legal Notices of the City of Englewood for
2001.
RECOMMENDED ACTION
Approve a resolution designating the bulletin board on the north side of the second floor of Englewood
Civic Center as the Official Posting Place for all Legal Notices of the City of Englewood for 2002.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The OPEN MEETINGS LAW, State Statute§ 24-1>-402 (2) (c) requires that Na local public body shall be
deemed to have given full and timely notice if the notice of the meeting is posted in a designated public
place within the boundaries of the local public body no less than twenty-four hours prior to the holding of
the meeting. The public place or places for posting such notice shall be designated annually at the local
public body's first regular meeting of each calendar year."
FINANCIAL IMPACT
None
LIST OF ATTACHMENTS
Resolution
COUNCIL COMMUNICATION
"'
Date Agenda Item Subject
January 7, 2002 10 C ii Ii! Resolution adopting amendmentt
to the City of Englewood Police
Officers Money Purchase Plan
~ Document (Plan}
Initiated By Staff Soun:e
City of Englewood, Finance and Administrative Frank Gryglewicz, Director
Services Oenartrnent
Ill
COUNCIL GOAL AND PIMOUS COUNCL ACTION
No previous action.
RECOMMENDED ACTION
Staff recommends the City Council approve the attached resolution.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
"
This resolution is in response to the Englewood Police Benefit Association (EPBA) contract arbitration
providing a one percent employer contribution increase for EPBA membership. The EPBA membership has
requested the employee contribution be increased by one percent The contribution for employer and
employee is to be nine percent
The Plan membership consists of EPBA members and Police management staff. A vote of the Plan
membership approved the increases as of January 1, 2002.
FINANCIAL IMPACT
Based upon current assumption the cost will be approximately $39,000 per year.
LIST OF ATTACHMENTS
Pr oposed resolution .
RESOLUTION NO,_
SERIES OF 2002
A RESOLUTION AUTHORIZING AN AMENDMENT TO THE !€MA RETIREMENT
CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN&: TRUST ADOPTION
AGREEMENT FOR THE ENGLEWOOD P0LICE OFFICERS 401a MONEY PURCHASE
PLAN (PLAN).
WHEREAS, the Englewood Police Benefit Aaeociation (EPBA) Contract arbitration
provided for a one percent employer contribution increue for EPBA membenbip; and
WHEREAS, the EPBA membership has requeated the employee contribution be
increaeed by one percent; and
WHEREAS, the Plan membership comiata of EPBA members and Police manapment
staff; and
WHEREAS, a vote of the Plan membership approved a one percent employer increue
and a one percent employee increase effective January l, 2002; and
WHEREAS, the paaaage of thia RNolution amenda the elD.ltinc Plan. by providing a one
percent employer increue (nine percent total) and a one percent employee inc:reaae (nine
percent total) for Plan membership; and
WHEREAS, the Plan membership pUNd the adopted chanp to the Plan bz an election
held December 21, 2001;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Enclewood. Colorado henby authariw an
amendment to the "ICMA Retirement Corporation Governmental M-, PurchaN Plan &
Trust Adoption Agreement" for the Englewood Police Oflicera 401a Money Purcbaae Plan, a
copy of which ia marked as "Exhibit A" and attached hereto.
Ses;tion 2. The Director of Finance and Administrative Servicn and City Clerk are hereby
authorized to sign and attest aaid Amendment to the 1CMA Retirement Corporation
Governmental Money Purchase Plan &: Trust Adoption Agreement" on behalf of the City of
Englewood.
ADOPTED AND APPROVED thia 7th of January, 2002.
Beverly J. ~w. Mayor
ATTEST:
Loucriahia A. Ellis, City Clerk
I, Loucriahia A. Ellia, City C1erk for the City of Englewood, Colorado, hereby certify t!ie
above ia a true copy of Reaolution No._ Series of 2002.
Loucriahia A. Ellia
·•
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MONEY PURCHASE PLAN ADOPTION AGREEMENT
AMENDMENT FOR PLAN 108370
ICMA RETIREMENT CORPORATION
The Public service Vantagepoint since 19n
MPP Adoption Agreement 03/2511998 Page 1 of8
x
H
I • I
T
A
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ICMA RETIREMENT CORPORATION
GOVERNMENTAL MONEY PURCHASE PLAN & TRUST
ADOPTION AGREEMENT
Account Number : 108370
The Employer hereby establishes a Money Purchase Plan and Trust to be known as
the "Plan") in the form of the ICMA Retirement Corporation Prototype Money Purchase
Plan and Trust.
CITY or KNGLDfOOD/POLICB
This Plan is an amendment and restatement of an existing defined contribution money
purchase plan.
X Yes No
If yes, please specify the name of the defined contribution money purchase plan which
this Plan hereby amends and restates:
CITY or KNGLDfOOD POLICB PKNSIOB PLAN
Summary of Chango: Contribution provisions amended.
Effective Date of TheH Changn:
I. Employer: CITY or IDfGLDOOD, COLOltADO
II . The Effective Date of the Plan shall be the first day of the Plan Year during
which the Employer adopts the Plan, unless an alternate Effective Date is
hereby specified : 01/01/1986 ·
Ill. Plan Year will mean :
(_) The twelve (12) consecu tive month period which coincides with
the limitation year. (See Section 5.04(i) of the Plan.)
(?) The twelve (12) consecutive month period commencing on
01101 and each anniversary thereof.
IV. Normal Retirement Age shall be age~ (not to exceed age 65).
MPP Adoption Agreement OJ/2511998 Page 2 of I
••
• •
V . ELIGIBILITY REQUIREMENTS :
1. The following group or groups of Employees are eligible to participate
in the Plan :
'
!
All Employees
All Full Employees
Salaried Employees
Non-Union Employees
Management Employees
Public Safety Employees
General Employees
Other (specify below)
ALL POLICE OFFICBRS HIRBD APTBR 4/17/78
The group specified must correspond to a group of the same
designation that is defined in the statutes. ordinances, rules,
regulations, personnel manuals or other material in effect in the state or
locality of the Employer.
2 . The Employer hereby waives or reduces the requirement of a twelve
(12) month Period of Service for participation . The required Period of
Service shall be N/A (write NIA if an Employee is eligible to
participate upon employment).
If this waiver or reduction is elected, it shall apply to all Employees
within the Covered Employment Classification.
3 . A minimum age requirement is hereby specified for eligibility to
participate . The minimum age requirement is :21. oo (not to exceed
age 21. Write NIA if no minimum age is declared.)
VI. CONTRIBUTION PROVISIONS
1. The Employer shall contribute as follows (choose one):
(!) Fixed Employer Contribution• With Or Without
Mandatory Participant Contribution•.
The Employer shall contribute on behalf of each Par
ticipant 9. oo % of Eamings or S for the
Plan Year (subject to the limitations of Article V of the
Plan). Each Participant is required to contribute t. oo
% of Eamings or S for tt,e Plan Year as a
condition of participation in the Plan. (Write "Q· if no
contribution is required .) If Participant Contributions are
required under this option , a Participant shall not have the
MPP Adoption Agreement 03/25/1998 Page3ot8
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•.
•
right to discontinue or vary the rate of such contributions
after becoming a Plan Participant.
The Employer hereby elects to "pick up" the
Mandatory/Required Participant Contribution.
X Yes No
[Note to Employer: A determination letter issued to an
adopting Employer is not a ruling by the Internal Re enue
Service that Participant contributions that are picked up
by the Employer are not includable in the Participant's
gross income for federal income tax purposes . The
Employer may seek such a ruling.
Picked up contributions are excludable from the
Participant's gross income under section 414(h)(2) of the
Internal Revenue Code of 1986 only if they meet the
requirements of Rev. Rul. 811981C.B. 255 . Those
requirements are (1) that the Employer must specify that
the contributions, although desig nated as employee
contributions, are being paid by the Employer in lieu of
contributions by the employee; and (2) the employee
must not have the option of receiving the contributed
amounts dlrecUy instead of having them paid by the
Employer to the plan.]
(_) Fixed Employer Match of Participant Contribution•.
The Employer shall contribute on behalf of each
Participant % of Earnings for the Plan Year
(subject to the limitations of Article V of the Plan) for
each Plan Year that such Participant has contributed
___ % of Earnings or$ . Under this
option, there is a single, fixed rate of Employer
contributions, but a Participant may decline to make the
required Participant contributions in any Plan Year, in
which case no Employer contribution will be made on the
Participant's behalf in that Plan Year.
MPP Adoption Agreement 03/2511998
(_) Variable Employer Match Of Participant
Contributions.
The Employer shall contribute on behalf of each
Participant an amount determined as follows (subject to
the limitations of Article V of the Plan):
____ % of the contributions made by the Participant
for the Plan Year (not including Participant contributions
exceeding % of Earnings or $ );
PLUS % of the contributions made by the
Participant for the Plan Year in excess of those included
in the above paragraph (but not including Participant
contributions exceeding in the aggregate % of
Earnings or S ).
Employer Contributions on behalf of a Participant for a
Plan Year shall not exceed $ or %
of Earnings, whichever is _ more or_ less.
2. Each Participant may make a voluntary (unmatched), after-tax
contribution, subject to the limitations of Section .s.05 and Article V of
the Plan.
Yes No
3. Employer contributions and Participant contributions shall be
contributed to the Trust in accordance with the fc ,lowing payment
schedule:
BI-WBBJCLY
VII. EARNINGS
Earnings, as defined under Sectio,1 2.09 of the· Plan, shall include:
(a) Overtime
Yes ! No
(b) Bonuses
Yes x No
MPP Adoption Agreement 03/2511998 Page5ofl
VIII. LIMITATION ON ALLOCATIONS
If the Employer maintains or ever maintained another qualified plan in whic:-:
any Participant in this Plan is (or was) a participant or could possibly becorrie
a participant, the Employer hereby agrees tq limit contributions to all such
plans as provided herein, if necessary in order to avoid excess contributior.~
(as described in Sections 5 .02 and 5 .03 of the Plan).
1. If the Participant is covered under another qualified defined contriburt1on
plan maintained by the Employer, the provisions of Section 5 .02(a )
through (f) of the Plan will apply unless another meth has been
indicated below.
(_) Other Method. (Provide the method under which the
plans will limit total Annual Additions to the Maximum
Permissible Amount, and will properly reduce any excl!!Ss
amounts, in a manner that precludes Employer
discretion.)
2. If the Participant is or has ever been a participant in a defined beneffi:
plan maintained by the Employer, and if the limitation in Section 5 .0::.: of
the Plan would be exceeded, then the Participant's Projected Annua
Benefit under the defined benefit plan shall be reduced in accordanc:e
with the terms thereof to the extent necessary to satisfy such limitation.
If such plan does not pro vide for such reduction, or if the limitation ::5
still exceeded after the reduction , annual additions shall be reduced 10
the extent nee essary in the manner described in Sections 5 .02 anc:
5.02. The methods of avoiding the limitation described in this
paragraph will not apply if the Employer indicates another method
below .
(_) Other Method . (Note to Employer: Provide below
language which will satisfy the 1 .0 llm itation of section
415(e) of the Code. Such language must preclude
Employer discretion. See section 1.41 Sof the Regulations
for guidance.)
3 . The limitation year is the following 12 month period : __
WP MDp1a1 ~· 03/2 511998 Page& of 8
IX . VESTING PROVISIONS
The Employer hereby specifies the following vesting schedule, subject to (1)
the minimum vesting requirements as noted and (2) the concurrence of the
Plan Administrator.
Years of
Service
Completed
Zero
One
Two
Three
Four
Five
Six
Seven
Eight
Nine
Ten
Percent
Vesting_
o.oo %
o.oo %
0.00 %
20.00 %
40.00 %
60.00 %
80.00 %
100 .oo %
100.00 %
100 .oo %
100.00%
X. Loans are permitted under the Plan, as provided in Article XIII:
Yes No
XI. The Employer hereby attests that it is a unit of state or local government or an
agency or instrumentality Qf one or more units of state or local government.
XII. The Plan Administrator hereby agrees to inform the Employer of any
amendments to the Plan made pursuant to Section 14.05 of the Plan or of the
discontinuance or abandonment of the Plan.
XIII. The Employer hereby appoints the ICMA Retirement Corporation as the Plan
Administrator pursuant to the terms and conditions of the ICMA
RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE
PLAN & TRUST .
The Employer ereby agrees to the provisions of the Plan and Trust.
XIV. The Employer hereby acknowledges it understands that failure ID propacty fll
out this Adoption Agreement may result in disqualification of the Plan.
MPP Adoption Agreement 03/25/1998 Page7afl
XV . An adopting Employer may not rely on a determination letter issued by the
National or District Office of the lntemal Revenue Service as evidence that the
Plan is qualified under section 401 of the Internal Revenue Code. In order to
obtain reliance with respect to plan qualification, the Employer must apply to
the appropriate key district office for a determination letter.
In Witness Whereof, the Employer'hereby causes this Agreement to be executed on
this __ day of , 20_.
Accepted: EMPLOYER
By:
Title:
Attest:---------
MPP Adoption Agreement 03/25/1998
Accepted: ICIIA RETIREMENT CORPORATION
By:----------
Title: Corporate Secretary
Attest: -----------
,.... ....
Date
January 7, 2002
Initiated By
COUNCIL COMMUNICATION
Agenda Item
10 C iii
Staff Source
Subject
Collective Bargaining
Agreement Between the Ci·ty and
the EPBA for 2002 and 2003
Human Resources Department Sue Eaton, Director of Human Resources
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The previous Collective Bargaining Agreement with the Englewood Police Benefit Association was
approved by Council for 2000 and 2001 .
RECOMMENDED ACTION
Staff requests Council approval of the Collective Bargaining Agreement between the Englewood Police
Benefit Association and the City of Englewood for the years 2002 and 2003 . The contract covers
approximately 61 employees.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood and the Englewood Police Benefit Association entered into negotiations in May of
2001 in accordance with the City of Englewood Charter. Impasse was declared in June when the parties
could not agree on certain economic issues . An arbitration hearing was held on November 12, 2001,
which resulted in the Arbitrator ruling in favor of the Association . Since Charter provisions specify that the
Arbitrator's ruling is final and binding, the City is required to implement the final offer of the Association .
The signifi cant changes to the contract are as follows :
1. Und er Articl e 9, "Compensation ", employees covered by the Contract will receive a seven and two-
tenth s perce nt (7 .2%) increase over the 2001 base wage rate, effective January 1, 2002 and a five percent
(5%) in cre ase ove r the 2002 base wage rate, effectiv e January 1, 2003 . In accordance with Article 1, A,
wage rates may b e subj ec t to negotiation for the year 2003 .
., Articl e 15, "Clothing Allowance ", was amended to increase the clothing allowance for non-uniform
offi ce rs to $75.
3. Arti cle 5. "H o urs of Work " was modified to standardize the work schedules of uniformed and non-
uni fo rm ed o ffi ce rs . • •
4. Article 10, "Merit Pay" will be increased from $500 per year to $625 per year in 2002 and $750 per
year in 2003 .
FINANCIAL IMPACT
The impact of the increase in wages and merit pay is approximately $209,057. for 2002 and $156,813. for
2003.
LIST OF ATTACHMENTS
Proposed Resolution
EPBA Collective Bargaining Agreement for 2002 and 2003 .
"1ESOLUTION NO._
BERIES OF 2002
A RESOLUTION AUTHORIZING THE COLLECTIVE BARGAINING CONTRACT
BETWEEN THE ENGLEWOOD POLICE BENEFIT ASSOCIATION AND THE CITY OF
ENGLEWOOD FOR THE YEARS 2002-2003.
WHEREAS, the previous Collective Bargaining Contract with the Ens]ewood Police
Benefit ANociation waa for the yean 2000-2001; and
WHEREAS, the City of Ens}ewood and the Englewood Police Benefit Alaoc:iation entered
into negotiations in May, 2001 in accordance with the Eqlewood City Home Rule Charter;
and
WHEREAS, impaaae was declared in June, 2001 when the parties could not agree on
certain economic iaaues; and
WHEREAS, an Arbitration Hearing was held on November 12, 2001, which resulted in
the Arbitrator rulin& in favor of the EPBA; and
WHEREAS, aince the EDJ)ewood Home Rule Charter proviaiona specify that the
Arbitrator's ruling ia final and binding, the City ia required to implement the final otl'er of
the Association; and
WHEREAS, the memben of the Eqlewoocl Police Benefit Alaoc:iation duly ratified, by a
majority of the memben, the Collectiff 8arpinin, Contract; and
WHEREAS, approval by the Eqlewood City Council of the 'ColJac:tiw 8arpiniac Contract
between the Ens]ewood Police Benefit Aw>ciation and the City of Basi-ood far the ,-ra of
2002 · 2003, ia hereby pven; .
NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Section 1. The City Council of the City of Englewood, Colorado hereby approvee the
Collective Bargaining Contract between the Englewood Police Benefit Aaaociation and the
City of Englewood for the years of 2002-2003 , attached hereto as Exhibit A.
5m;tjpn 2. The Mayor and the City Clerk are hereby aut.borizecl t.o aip and atteat the
Collective Bargaining Contract between the Englewood Police Benefit AalOCilltion and the
City of Englewood, Colorado.
ADOPTED AND APPROVED thia 7th of January, 2002.
Beverly J . Bradahaw, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucriahia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Reeolution No.~ Seri• of 2002.
CONTRACT BETWEEN THE
CITY OF ENGLEWOOD
AND THE
ENGLEWOOD POLICE BENEFIT ASSOCIATION
FOR THE YEARS 2002 -2003
This reproduction of the 2002-2003 Contract has been prepared by the Human Resources
Departn ~nt for distribution to all covered Police officers so that everyone will be aware of the
r ig hts and benefits contained herein.
ARTICLE 1
ARTICLE 2
ARTICLE3
ARTICLE4
ARTICLES
ARTICLE6
ARTICLE7
ARTICLES
ARTICLE9
ARTICLE 10
ARTICLE 11
ARTICLE 12
ARTICLE 13
ARTICLE 14
ARTICLE 15
ARTICLE 16
ARTICLE 17
ARTICLE 18
ARTICLE 19
PAGE
DURATION OF CONTRACT ............................................................ 2
RECOGNffiON .................................................................................. 3
EMPLOYEE RIGHTS ............................................................................ 4
SENIORITY ........................................................................................... 5
HOURS OF WORK .............................................................................. 6
BIDDING PROCEDURES FOR SHIFT ASSIGNMENT ................... 8
SPECIAL ASSIGNMENT ...................................................................... 9
LAYOFF ............................................................................................... 10
COMPENSATION .............................................................................. 11
MERIT PAY ......................................................................................... 12
OVERTIME WORK ............................................................................ 13
CALL BACK ........................................................................................ 14
STANDBY ...................................................... u ................................... 15
ACTING PAY ...................................................................................... 16
CLOTHING ALLOWANCE .............................................................. 17
ANNUAL LEAVE ............................................................................... 18
HOLIDAYS .......................................................................................... 20
ADMINISTRATIVE LEAVE .............................................................. 21
MILITARY LEA VE ............................................................................. 22
ARTICLE20
ARTICLE21
ARTICLE22
ARTICLE23
ARTICLE24
ARTICLE25
ARTICLE26
ARTICLE27
ARTICLE28
ARTICLE29
ARTICLE30
ARTICLE 31
ARTICLE32
ARTICLE33
ARTICLE34
ARTICLE 35
ARTICLE 36
FUNERAL LEA VE .............................................................................. 23
JURYDUTY ........................................................................................ 24
LEAVES OF ABSENCE (WITHOUT PAY) ...................................... 25
PERSONAL LEA VE ............................................................................ 26
SHORT TERM DISABll.ITY ( STD) .................................................. 27
WORKERS' COMPENSATION ......................................................... 29
INSURANCE ....................................................................................... 30
RETIREE liEAL TH INSURANCE ................................................... 31
PENSION/ RETIREMENT PLANS .................................................. 32
RULES AND REGULATIONS .......................................................... 33
TUITION REIMBURSEMENT .......................................................... 34
DUES DEDUCTION .............................•............................................ 35
ASSOCIATION ACTIVlTIES ............................................................ 36
'
LETTER OF CORRECTIVE ACffON ............................................. 37
DISCIPLINARY AcnON .................................................................. 38
GRIEVANCE PROCEDURE ............................................................. 39
EXCLUSIVENESS OF CONTRACT ................................................. 41
ii
CONTRACT BETWEEN THE
CITY OF ENGLEWOOD
AND THE
ENGLEWOOD POUCE BENEFIT ASSOCIATION
This Contract entered into by the City of Englewood, Colorado, and the Englewood
Police Benefit Association has as its purpose the promotion of harmonious relations between the
City of Englewood and its employees, a fair and peaceful procedure for the resolution of
differences; the establishment of rates of pay and houn of work, and other conditions of
employment mutually agreed upon.
Except where limited by express provisions elsewhere in this Contract, nothing in this
Contract shall be construed to restrict, limit or impair the rights, powen and authority of the
City as granted to it by constitutional provision, statute, ordinance, charter or special act, the
exclusive power, duty and rights to;
A. Determine the overall mission of the City as a unit of government.
B. To maintain and improve the efficiency and effectiveness of City operations.
C. To determine the services to be rendered, the operations to be performed, the
technology to be utilized, or the matten to be budgeted.
D. To determine the overall methods, processes, means, job classifications or
personnel by which City operations are to be conducted.
E. To direct, supervise, hire, promote, transfer, assign, schedule, retain or lay-off
employees.
F. To suspend, discipline, discharge, and demote for cause, all full-time permanent
classified employees.
G. To relie'(e employees from duties because of lack of work or funds, or under
conditions where the City determines continued work would be inefficient or nonproductive.
H . To take whatever other actions may be necessary to carry out the wishes of the
public not otherwise specified herein or limited by a collective bargaining contract.
I. To take any and all actions to carry out the mission of the City in cases of
emergency .
J. Nothing contained herein shall preclude the City from conferring with its
employees for purposes of developing policies to effectuate or implement an} of the above
enumerated rights .
,.
'
. ..
..
• •
ARTICLE 1. DURATION OF CONTRACT
A. This Contract shall take effect on January l, 2002 and shall continue in force to and
including December 31, 2003, provided that either pany may reopen for negotiation Article 9,
Compensation, only, by giving written notice of intent to negotiate any or all of that Article
prior to May 15, 2002. Such notice shall state the reason for reopening negotiations, but such
statement shall not entitle the other pany to refuse to negotiate. Any such negotiations shall
proceed as provided in the City Charter.
B. This Contract, or any part of it, may be terminated or renegotiated at any time by
mutual consent of both parties.
C. If any article or section of this Contract should be held invalid by operation of law
or the District Court, or if compliance with or enfon::ement of any article or section should be
restrained by such District Court, the remainder of this Comnct shall not be affected thereby and
this Contract shall remain in full force and effect, and the panies shall promptly negotiate for the
purpose of attempting to arrive at a mutually satisfactory replacement of such article or section.
D. The parties agree and understand that provisions relating to employees covered by
this Contract shall in no way displace or modify present or future statutory or case law of the
State of Colorado.
E. The parties acknowledge that during negotiations which resulted in this Contract bad
the unlimited right and opportunity to make demands and proposals with respect to any subject
or matter appropriate for negotiation discussions and that the ~ and agreements
arrived at by the parties after this exercise of that right and opportunity are set forth in this
Contract.
If
2
ARTICLE 2. RECOGNITION
The City recognizes the Englewood Police Benefit AIIOciatioa as the employee
organization certified by the City of Englewood as the aclusive represenwive for sworn Police
employees within the followiag bupiniag 1111d:
Included: All full-time, dlllified sworn police officers below the rank of Sergeant of
the City Police Division.
Excluded: All othen.
3
ARTICLE 3. EMPLOYEE RIGHTS
1. A full-time classified employee who is not a confidential employee, a managerial
employee, or a supervisor shall have the right:
A. To form, join, suppon or participate in, or to refrain from forming,
joining. supporting, or panicipating in any employee organization or its
lawful activities.
B. Bargain collectively through their cenified employee representative.
C. No employee shall be interfered with, restrained, coerced or discriminated
against because of the exercue of these rights nor shall the right of an
individual employee to discuss employment concerns with the City be
infringed upon.
2. The City and the Englewood Police Beae6t Aaociacioa mutually agree that a fair
and impanial investigation of officen is deemed appropriate and aeceaary. A written policy has
been developed and iacluded in the operaciom manual specifically addreuiag the issue of
administrative and criminal invemgations and employee rights. No changes will be made in this
policy without prior consultation and review with auociation represeatative(s) .
..
ARTICLE 4. SENIORITY
For the purposes of this Contract, seniority shall be determined first by length of
continuous full-time service with the City Police Division according to rank and second by length
of continuous full-time service with the City Police Division from the first date of hire, provided
the employee successfully completed a probationary period. In cases where two or more
employees have the same hire date, the badge number as issued by the Division shall establish
priority of position on the seniority list.
After an employee successfully completes the probationary period, their name shall appear
on the seniority list as of the first date of hire.
The seniority of an employee shall terminate under any of the following conditions:
1. When an employee has been laid off for a period of one year or more.
2. When a laid off employee fails to give notice of the employee's intent to return to
work within seven (') calendar days after the City has sent, to the employee's last
known address on file with the City, a certified letter requesting the employee's
return to work.
3. When the employee gives notice but fails to return to work within seven (7)
calendar days after the aforesaid letter has been sent to the employee.
4. When the employee's employment with the City is terminated for any reason.
5. When an employee is on leave of absence as provided under Article 22, Leaves of
Absence {Without Pay).
6. If an employee is absent for·three (3) consecutive regularly scheduled working days
without notifying the Director of Safety Services or immediate supervisor prior to
such three (3) days' absence without good cause as determined by the Director of
Safety Services.
7. Failure to return to work after expiration of a formal leave of absence.
8. An employee rehired but whose absence from City employment was less than
eighteen (18) months will have their prior accrued seniority with the City restored .
(See retirement plan documents for unique guidelines .)
5
ARTICLE 5. HOURS OF WORK
The Police Division shall observe office and working hours necessary for the efficient
transaction of their respective services.
A. Work Week
A workweek is a regular recurring period of 168 hours in the form of seven
consecutive 2+hour periods. The workweek need not be the same as the calendar
week . The workweek may begin on any day of the week and any hour of the day
and need not be the same for all employees.
B. Work Schedule
1. The work schedule for officers, including roll call and meal periods, shall
consist of five (5) eight (8) hour work days; four (4) ten (10) hour work
days; or other work schedule as determined by the Director of Safety
Services.
2. Any change in an officer's bid or assigned schedule (starting time, quitting
time, scheduled days off) will be made in accordance with paragraph C
except schedule changes may be made without notice if the affected officer
agrees.
The City agrees to review with Association representatives issues and concerns regarding
the method and possible compensation associated with schedule changes.
C. Chan&in& Work Schedules
The ·work schedule may be changed by the Director of Safety Services provided a
minimum five (5) days advance notice is given. Work schedules may be changed
without advance nonce in the case of emerpncies • determined by the Director of
Safety Services. When an employee's work schedule is changed for purposes of
training, special instruction, etc., the supervisor shall make a reasonable effort to
accommodate the employee's interests concerning the scheduled change.
D. Staffin&
The need for an appropriate level of staffing is recogniz.ed by the City for the
purpose of efficiency and safety. The Police Division will address this issue in
division policy.
E. Meal Periods
Officers shall be granted a paid meal period of thirty (30) minutes for each eight (8)
hour work.shift. Employees working a ten (10) hour work shift shall be allowed a
paid forty-fi ~e ('45) minute meal period. An employee may conduct penonal
"
6
business during the meal period. The meal period shall be authorized and
controlled by the employee's supervisor.
F. Rest Periods
Employees shall be granted a paid rat period not to m:eed fifteen (15) minutes
dunng appromnatelr the first one-half of the employee's regular work day and an
additional fifteen 05tminutes rm break apprcmmately in the second one-half of
the work day. Rest periods shall be authorized and controlled by the employee's
supervisor.
7
ARTICLE 6. BIDDING PROCEDURES FOR SHIFT ASSIGNMENT
A. Seniority applicable to the seniority bid process will be determined in accordance
with the total length of continuous employment as a Police Officer with the City of Englewood.
Prior City employment in other than a Police Officer capacity will not apply toward seniority .
Probationary employees will not be included in the bid process.
Biddini for Watches and Days Off
B. The seniority bid system will be applicable to penonnel assigned to the uniform
patrol bureau only, and will not be authorized in any other bureau or special assignment.
The uniform patrol bureau commander will devdop and post a schedule prior to each year
for a twelve-month period.
A patrol officer in the uniform patrol bureau will bid once each year in November for
assignments within four (4) three (J) month intervals.
There will be a total of five (5) non-biddable positions which shall consist of two (2) non-
biddable positions on Watch I and three (3) non-biddable positions on Watch ll, provided that
any new position(s) added to the uniform patrol bureau after January 1, 1997, shall be non-
biddable positions, up to a maximum of nine (9) non-biddable positions in the bureau. The
bidding process will begin with the most senior Police Officer bidding the positions of their
choice . In the descending order of seniority, each mnaining Police Officer will have choice of the
remaining biddable positions. All specialized po,itions such as crime prevention officer, traffic
officer, etc .' will not be open to bid. The specialiud assignments along with any no-bid positions
on a watch, will be in addition to the biddable position on each watch. Officers may request non-
biddable positions and an attempt will be made to accommodate them, but such po '· ions will be
assigned at the discretion of the uniform patrol bureau commander.
If an employee fails to submit a bid in accordance with the bidding procedure, the
employee will relinquish the opportunity to bid by seniority, and will be assigned at the
discretion of the uniform patrol bureau commander.
An employee in an other assignment, who is reassigned to the uniform patrol bureau will
occupy the position vacated by the employee they are replacing. If other positions are available,
the employee may request assignment to such positions, but may only be assigned at the
discretion of the patrol division commander. The officer will then be allowed to bid at the next
bid process .
It is further undentood that should a schedule change for unforeseen emergency
circumstances arise, officers nuy be assigned by the uniform patrol bureau commander from one
shift to the other to handle whatever emergency situation exists during the duration of the
emergency .
8
ARTICLE 7. SPECIAL ASSIGNMENT
The Division will maintain a written process for selection and service including
performance of employees for special nsignments.
The Director of Safety Services will consult with the Association regarding any future
changes to the selection process.
9
ARTICLE 8. LAYOFF
Whenever there is lack of work, lack of funds, or under conditions where the City
determines continued work would be inefficient or non-productive the appointing authority shall
designate the positions in which the layoff is to be made.
The order of layoff shall be determined by the City Manager on the basis of the quality
and length of service provided by the employees in the affected areas. Quality of work will
include the employee's total employment record. This record includes annual performance
evaluations, commendations, disciplinary actions, education, training, etc. Any employees who
have not yet achieved permanent or regular swus or who have less than eighteen (18) months of
full-time employment with the City shall be laid off first, regardless of performance. Permanent
employees who are laid off have the right to be reemployed in their respective class, in inverse
order of layoff, provided that such recall occun within one (1) year of layoff. The City's
obligation to reemploy an employee shall be satis6ed if it makes an offer of employment to an
employee within a classification for which the employee is qualified. In the event the employee
fails to accept the offered employment, the offer will be deemed as derued and the employee's
rights with the City shall in all respects be terminated at the time. In the event the quality and
length of service are equal, seniority shall prevail. An employee in a higher rank if laid off may
transfer to his/her previous lower rank provided the employee had permanent status in the lower
rank. An employee so transferred shall have the 6nt right of refusal to the former higher level
position that the employee had held. The recall list shall terminate after twelve {12) months.
Employees shall not continue to accrue service credit, including seniority, or be eligible for
any City benefits during layoff. In the event of a layoff, affected employees will be given as much
advance notice as possible.
IO
ARTICLE 9. COMPENSATION
A. For the period January 1, 2002 through December 31, 2002, the salary schedule is as
follows:
POLICE OFFICERS
Police Officer V
Police Officer IV
Police Officer m
Police Officer Il
Police Officer I
MONTHLY
$3,237.71
$3,443.62
$3,786.66
$4,165.70
$4,581.01
ANNUAL
$38,852.50
$41,323.46
$45,439.94
$49,988.43
$54,972.16
B. For the period January 1, 2003 through December 31, 2003, the salary schedule
shall be as follows:
POLICE OFFICERS
Police Officer V
Police Officer IV
Police Officer m
Police Officer Il
Police Officer I
Base Salary
MONTHLY
$3,399.59
$3,615.80
$3,976.00
$4,373.99
$4,810.06
ANNUAL
$40,795.13
$43,389.63
$47,711.94
$52.487.85
s51,720.n
For the purposes of determining an employee's base wage, the employee's regular straight
time hourly wage rate and longevity shall be used, excluding all other forms of employee
compensation. (The above provision shall be used only for the purpose of determining pension
benefits under the City and State pension plan.} In order to comply with Fair Labor Standards
Act, longevity will be used to determine overtime compensation and calculated at the end of each
year.
Merit Increase
The wage increase provided for Police Officer 4th Class through 1st Class shall not be
considered automatic , but rather based upon meritorious service. Said merit increase may be
granted or denied to any individual Police Officer upon recommendation of the Director of
Safety Services and with the approval of the City Manager upon written notice to such individual
Police Officer . The date in which the merit increase is approved shall determine the new merit
anni versary date .
ll
ARTICLE 10. MERIT PAY
A. Each Police Officer I sball be eligible for merit pay in an amowu determined by
the Director of Safety Services, up to a toul of S62S. for 2002 and up to a total of
$750. for 2003 .
B. Such merit pay sba1l be awarded in the exercise of the Director's discretion, bued
upon specific written objective and subjective performance criteria developed by
the Director and made available to employees.
C. Eligib e employees who believe they meet the criteria for such an award shall
submit applications to the Merit Pay Review Committee (which sball be
established by mutual agreement between the Union and Management prior to
December 31, 2001) on or before thiny (30) days prior to the employee's
employment anniverury date. Tbe Committee shall make a reccmnnenderion to
the Director reprdiDg the amoam of daa merit pay, jf any, to be awarded to the
employee. Tbe IIIIOUDt recommended mall DO( ezc:eed the amowat set forth in
Paragraph A, abow. The Director shall promptly comider and make a
determination as to each such recommendation.
D. Employees hired on or before April 8, 1978 aball be paid Joagevity compensation
in the amount of $48.00 per month, or $576.00 per year and additioaally, sba1l be
eligible for merit pay.
12
ARTICLE 11. OVERTIME WORK
A. Employees covered by this Contract sball be compensated at time and one-half (1
1/2) the employee's regular hourly rate of pay for all usigned houn worked over
and above their regular DA.ll. Y work tcbedule.
B. Overtime shall not be pyramided, compounded or paid twice for the same houn
worked.
C. The City retains .the right to uaip overtime work to any employee quali6ed to
perform the work.
D. Ovenime available during a given watch sball be offered on a voluntary basis to
officers working the preceding or suc:ceediag watch. u appropriate, in order of
lmiority. If no officer aa:epa, the least leDior officer may be required to work the
overtime, an accomrnodarioa may be authorized, or the City may, at its discretion,
call any officer in to wom the overtime.
E. Employees who have worked overtime boun may time off in lieu of overtime
pay upon mutual apeemcnt between the employee aad the employee's supervisor.
If there is DO mutual apeeDleDt. the employee ...0 be paid. Such time off sball be
taken during the pay period in which it WU earmd aad...0 be paid in~
with the Pair Labor Standards Aa. If the employee is~ to tab such time off
as a result of emapacy or uaforeNen cimumaaca, the employ. will be
compensated at the overtime rate of pay for such time.
F . Employees required to attend firearms qualification Oil their off-duty time will be
guaranteed two {2) houn overtime pay if they succeufully qualify c:luriag such
anendance. Employees required to attend firearms cp•ali6eation on their off-duty
time and who fail to qualify will be compensated for time actually spent in
anendance at the qualification facility at their regular rate of pay .unless payal,le u
ovenime punuant to this Article.
ARTICLE 12. CALL BACK
A. An employee on off-duty statuS who is called back to duty shall be credited with a
minimum of two (2) boun of pay at the rate of one and one-half (1 1/2) the
employee's regular hourly wage rate.
B. An employee called back to work during the first two (2) houn prior to the start
of their regular shift shall be paid at the overtime rate for all boun actually worked
up to the starting time of their regular shift.
C. Should any employee be required to testify before any court or divisional
administrative bearing as a result of his/her official duties with the City, the time
spent by such employee in providing such testimony shall be considered to be
work time. If such appearance for testimony is at a time when the employee
would otherwise be off duty, the employee shall be paid as provided under Section
A above. The employee shall pay to the City all witness fees, and other
compensation paid to the employee in conjunction with so testifying adudiag
mileage fees. An employee who is called for witness duty shall present to their
supervisor the original A•mrnoas or subpoena from the court or at the conclusion
of such duty, shall provide a signed statement from the clerk of the court, or other
evidence indicating the amount of time his/her person was required.
D. When an employee is subpoenaed as a witness in private litigation to testify, not in
his/her official capacity but as an iadmdual, the time absent by reasons thereof
shall be taken as any accrued leave or leave without pay.
ARTICLE 13. STANDBY
Employees assigned to standby duty shall be credited with two and one-half (2S) boun of
pay at the overtime rare of pay for each twenty-four (24) hour period, or portion thereof, during
which they are on standby. Employees assigned to standby for less than a twenty.four (24) hour
continuous period shall be credited with one (1) hour of pay at the overtime rate for each such
assignment.
ARTICLE 14. ACTING PAY
All acting positions will be compensated at 100% of the pay for positions covered by this
Contract in which he/ she is acting as approved by the Director of Safety Services. The employee
must be in the position for a period of thirty (30) consecutive calendar days before said employee
becomes eligible for acting position compensation. Such pay will be retroactive to the 6m day
said employee assumes the responsibilities of the position.
ARTICLE 15. · CLOTHING ALLOWANCE
A. The City shall furnish, or reimburse the cost of uniforms, qicluding leather gear,
insignias, shoes and clothing. required while on duty, and shall pay all costs of maintenance ,
repair and cleaning thereof, provided dw: reimbunement of such costs shall not be required if
approval of the Division Chief is not obtained in advance. The City shall provide the necessary
cleaning. All employees assigned to the investigation bureau or police administration for a period
of thirty (30) days or more and not required to be in uniform during work, shall receive a
monthly clothing allowance of $75. The employee shall be responsible for all lost or stolen items
identified above, or damage to the same, as a result of THE EMPLOYEE'S negligence or
deliberate act.
B. The City will provide on a replacement basis a high quality bullet proof vest (flack
jacket}. Replacement shall be made once every 6ve (5) years, or at such earlier time as the City is
notified of any event or condition rendering such a vest unsafe for its intended purpose. In the
event of specialized or customiud vests, the City will pay the same dollar amount for the City
issued and authorized vest with the employee paying the differences in coa.
17
ARTICLE 16. ANNUAL LEAVE
Employees shall earn annual leave at the following rates.
Length Hours Hours
of Service per Month perYear
0-4years 8 96
5-9 years 10 120
10-19 13.33 160
20 and above 14.16 170
The earning limits for annual leave shall be as follows:
Lencth of Service
0-4 years
5-9 years
10-19 years
20 and above
192
240
320
360
A . Annual leave shall not be granted to any employee until after completion of six (6)
months consecutive service with the City.
B.. The schedule for use of annual leave shall be determined by the needs of the
department. Annual leave shall be taken at a time convenient to and approved by the Director of
Safety Services. (See City of Englewood Administrative Policy 30, • Annual Leave•, for further
details.)
Annual Leave Pay
The rate of annual pay shall be the employee's regular straight time hourly rate of pay for
the employee's regular job. Annual leave shall be allowed 'only to the total hourly amount
accumulated at the beginning of the leave, as verified by the Director of Safety Services
Work During Annual Leave
If after the employee has begun their annual leave and the City requires the employee to
work during the scheduled annual leave period, the employee shall be compensated as follows :
A. The employee shall be paid for all hours worked at the overtime rate.
B.
worked.
The employee shall not be charged with annual leave for the number of hours
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There shall be a one-week minimum on use of annual leave time, unless otherwise
authorized by the Director of Safety Services or his/her designated representative.
The maximum use of annual leave shall be no greater than the amount accumulated by the
employee prior to the starting date of the employee's annual leave request, and in no event shall
the annual leave exceed four (4) consecutive weeks unless otherwise authorized by the Director of
Safety Services.
Annual Leave Pay Upon Separation
Any employee who is separated from the service of the City, i.e., retirement, termination
or layoff, shall be compensated for the unused annual leave time accumulated at the time of
separation at the employee's regular hourly wage rate. Annual leave is not to be used to mend an
employee's date of separation. ,
Biddin& for Vacations
Each officer will bid one vacation, by seniority, for the year's period, January 1 through
December 31. Additional vacation periods will be granted, on a first requested basis, only after all
seniority-bid vacations have been scheduled.
The bidding process for vacations will take place in November as scheduled by the
uniform bureau commander after completion of all bidding for watehes and days off.
Vacations are expected to be scheduled in good faith by each employee and shall specify
the exact dates desired.
In the uniform patrol bureau, not more than four (4) officers per watch will be scheduled
for vacation or holiday leave at the same time, unless approved by the Director of Safety Services.
Within the bureau, not more than two (2) officers will be scheduled for vacation at any one time
unless approved by the Director of Safety Services. Vacation within the investigations and
administration divisions will be scheduled by their division commander according to seniority.
19
ARTICLE 17. HOLIDAYS
A. All officen covered by this Contract shall be scheduled for ten (10) holidays off
with pay at the discretion of the Director of Safety Services or designee. Scheduling will be
dependent on the work load of the department. Upon mutual agreement of the employee and the
Director of Safety Services, a muimum of five (5) holidays may be cashed out for pay in lieu of
time off. At the employee's option, one (1) holiday shall be guaranteed to be cashed out for pay
in lieu of time off. The rate of pay shall be at the employee's regular hourly wage rate.
In the uniform patrol bureau, not more than two (2) officen per watch will be scheduled
for vacation or holiday feave at the same time, unless approved by the Director of Safety Services
or designee .
Holidays will be bid after all vacations have been bid by seniority witli vacations taking
precedent over holidays. The bid time for holidays is the same as vacations according to bid
schedule, except that any holidays not scheduled or used by August 1 of that year may be
assigned.
If after the employee has begun their holiday and the City requires the employee to work
during the scheduled holiday period, the employee shall be compensated as follows:
1. The employee shall be paid for all houn worked at the overtime rate.
2. The employee shall not be charged with holiday time for the number of boun
worked.
B. Officers assigned to the investigation bureau or other special mignmeat shall be
allowed the regularly observed City holidays and may be allowed a ftoating holiday option. They
may be allowed to exchange any of the below listed holidays for any other day in the year he/ she
is normally scheduled to work. Scheduling will be made with the approval of the D~or of
Safety Services or designee. Jiolidays which may be exchanged are the following:
President's Day
Veteran's Day
Friday after Thanksgiving
Labor Day
Memorial Day
Christmas Eve or New Year's Eve
If a holiday falls on a detective's regularly scheduled day off, he will be given an alternate
day off.
This provision shall also apply to police officen regularly assigned to special duty by the
Director of Safety Services.
20
AR TI CLE 18. A MINISTRA TIVE LEA VE
Administrative leave with pay may be granted an employee at the discretion of the
Director of Safety Services or Jesignee. This leave is used when circumstances require in the best
interests of the City and/ or employee that the employee should temporarily be relim!d from
duty.
21
AR TI CLE 19. Mil.IT ARY LEA VE
See City of Englewood Administrative Policy 35, "Military 1.eave•.
ARTICLE 20. FUNERAL LEAVE
The Di.rector of Safety Services shall gram leave with pay to an employee to attend the
funeral of a member of the employee's family. Tbe number of days granted shall be governed by
the circumstances of the case, but in ao event shall they aceed ,e,,ea (7) caleadar days. For the
purpose of this section, •employee's family• shall mean the employee's spouse, or the c:lµldrea,
grandchildren, parents, grandparents, brothers and sisters of the employee or of the employee's
spouse.
ARTICLE 21. JURY DUTY
See City of Englewood Ac:lmi.nistrative Policy 34, •Jury Duty and Witness Service•
ARTICLE 22. LEAVES OF ABSENCE {WITiiOUT PAY)
See City of Englewood Administrative Policy 38, •unpaid Leaves of Absence·
ARTICLE 23. PERSONAL LEAVE
All employees covered by this Contract on an eight (8) hour work day shall be granted 48
personal leave houn with pay and those on a ten (10) hour work day shall be granted 50 personal
leave houn with pay which an employee is entitled to use for the following purposes:
A. Employee's own illness/injury
B. Illness/injury of employee's family
C. To attend to personal business
For any employee who bas not used the 48 or 50 personal leave hours ending October 31
of each year or any portion thereof, the City will compensate said employee for the unused time
at the employee's wage rate to be paid during the month of November of that year. Pers onal
leave time shall not exceed the 48 or 50 houn as designated above qor shall it be accumulated or
carried over from one year to the next. Personal leave shall be scbeduled and administered under
the direction of the Director of Safety Services for penoaal business. In the event of
illness/injury in which personal leave is requested, the employee shall notify their supervisor or
other person designated by the supervisor at least one (1) hour prior to their scheduled reporting
time.
ARTICLE 24 . SHORT TERM DISABILITY (STD)
A. Definition
Upon completion of 90 days of service, STD leave is granted for non-service connected
injuries or illnesses of an employee which prevents the employee from J)e!forming his/her duties
as a City employee.
B. Provision
The City agrees to provide STD leave with pay for employees absent as a result of
illness/injury as follows :
C.
91 days -4 yean
S-9 years
10+ yean
Accumulation and Restoration
347 hours
520hours
69.l hours
STD leave shall not be aa:umulative except that on January 1 of each year, the City shall
restore 100% of the number of hours previously used by an employee as follows:
91 days -4 years
5-9 years
10+ yean
up to a maximum of 174 hours
up to a maximum of 260 hours
up to a maximum of 347 hours
Such restoration shall continue each year until such time as the employee accrues the
maximum number of houn for which he or she is eligible under Article 24 .B.
D . Utilization
1. Upon completion of 90 days of service, authorization for STD leave with
pay shall only be granted after the first shift of disability.
II.
2. Authorization for STD shall only be granted for the following reasons:
a. Personal illness or injury not service connected, including
maternity related disability.
b. Service connected injury or illness only after the ninety days
described in Anicle 25, Worken' Compensation, has been
exhausted.
E. Sick Leave Option
All sick leave accrued by permanent employees prior to January 1, 1980 shall vest with the
employee, and may be used in the following manner:
1. After the 693 houn as described above have been used unless the employee
is entitled to retirement as a result of disability.
2. By casbirlg in all accrued sick leave accumulated under the previous plan
upon normal or disability retirement from the City at the rate of one hour's pay for each
two hours of accrued sick leave or one hour's pay for each four hours upon separation
from the City.
3. By cashing in accrued sick leave under the previous plan, once each year at
the conversion rate of four (4) houn sick leave for one (1) hour pay, not to exceed a
conversion of more than 400 houn each year.
F. Rg,ortig of SID
The employee or a member of the employee's household shall notify the employee's
supervisor at least 30 minutes prior to the employee's scheduled reporting time. No SID leave
will be granted to an employee who fails to notify their supervisor prior to the beginning of the
employee's work schedule unless circumstances beyond the control of the employee would not
permit.
G. Verification of Disability
If the Director of Safety Services requires a physician's statement of disability, the City
shall bear the cost of such physician's statement.
H. Abuse of SID
An employee who makes a false claim for SID leave shall be subject to disciplinary action.
ARTICLE 25. WORKERS' COMPENSATION
A. For any on-the-job injury which causes any employee to be absent from work as a
result of such injury, the City shall pay to such employee his/her full wages from the first day of
his/her absence from work up to and including the 90th calendar day of Sllch absence, less
whatever sums received by the employee as disability wages under workmen's compensation.
After exhaustion of the ninety (90) days if the employee is still disabled, he/ she can utilize leave
under the provisions of Article 24. The City resesves the right to require any employee on injury
or disability leave to submit to an exarninarion(s) by City-appointed physician(s) at the City's
expense or under the provision of workmen's compensation or the mirernentl pension provisions
as provided under State Statute.
B. All injuries that occur during working houn shall be reported to the employee 's
supervisor within 24 hours of the inj~ or before the employee leaves their department of
employment unless c;rcumstances beyond the control of the employee would not permit .
C. During the term of this Agreement, the City shall pay one-half {1/2) of the state-
mandated contribution for death and disability punuant to S 31-31-811(4), C.R.S., for office{s
hired after January 1, 1997.
ARTICLE 26. INSURANCE
A. MEDICAL
The City will pay eighty-five ~t {85%) of the premium cost for single and
dependent coverage for medical insurance. Employees will pay fifteen percent {15%) of
the premium cost for single and dependent coverage for medical insurance.
B. DENTAL
The City will pay eighty-five percent {85%) of the premium cost for single and
dependent coverage for dental insurance. Employees will pay fifteen percent {15%) of the
premium cost for single and dependent coverage for dental insurance.
C. LIFE
Term life insurance will be provided by the City for employees covered by this
Contract in an amount equal to one year's salary as spec:i6ed in Article 9.A or B,
Compensation, whichever applies, not to exceed $50,000.
D. Any dispute concerning the interpretation or application of benefits provided
under the health or dental plans shall be subject to the plan appeal process. It is apressly
understood that this article is a non-grievable item under this Contract.
ARTICLE 27. RETIREE HEALTH INSURANCE
It is undentood and agreed by both partjes that any rderral to heJ}th insurance for retirees
or future retirees is not to be construed u a pan of this Contract. The City agrees to pay 50% of
the cost of coverage of the plan selected by the retiree up to maximum of $75.00 per month for
employees who retired on or before December 31, 1994; and up to a maximum of $100.00 per
month for employees who retire on or after January 1, 1995. It is the intention of the City to
phase out this provision.
ARTICLE 28 . PENSION/RETIREMENT PLANS
The pension plan description for employees covered by diis Contract is set fo nh in
Title 3, Chapter 5 of the Englewood Municipal Code.
Additionally, the plan document for the City of Englewood Police Pension Plan (ICMA
Retirement Corporation Prototype Money ~n:lwe Plan and Trust) is available for inspection in
the Department of Financial and Administrative Services.
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ARTICLE 29 . RULES AND REGULATIONS
A. Except as limited by the express terms of this Contract, the City retains the right
to promulgate reasonable rules, regulations, policies, procedures and directives. Said rules,
regulations, policies, and procedures and directives which are an alleged violation of this
Contract shall be subject to the grievance procedure.
B. The City agrees to consult with the Union concerning the formulation of
changes of rules and regulations, policies, procedures and directives.
33
AR TI CLE 30. TUITION REIMBURSEMENT
See City of Englewood Administrative Policy 29, ·Tuition Reimbursement•
34
AR TI CLE 31. DUES DEDUCTION
A. The City agrees to deduct the Association dues once each pay period from the pay of
those employees who individually request in writing that such deductions be made, subject to the
garnishment laws of the State of Colorado. The amounts to be deducted shall be cenified to the
City Finance and Administrative Services Director by the Treasurer of the Association, and the
aggregate deductions of all employees shall be remitted together with an itemized statement to the
Treasurer by the 15th of the succeeding month, after such deductions are made. The
authorization shall be revocable during the term of the Contract, upon a thiny (30) day wrinen
notice by the employee to the City Finance and Administrative Services Director.
B. If no wages are paid an authorized employee on the last pay period of a given pay
period, deduction for that pay period will be made from any wages which may be paid to
him/her on the next succeeding final monthly City pay period. It is expressly understood that
the City usumes no liability and shall not be liable for the collection or payment to the
Association of any dues during any time that an employee is not actually working for the City
and actually on the payroll of the City. In the event of error on the check-off list, the City will
not be responsible to make adjustments, until notified by the Treasurer of the Association.
C. The Association shall indemnify and hold the City harmless against any and all
claims, suits, orders, or judgments brought or issued against the City as a result of any action
taken or not taken by the City under the provision of this Article.
D. Changes in the dues amount to be deducted shall be limited to two (2) changes each
year, and provided a thiny {30) day written notice is provided the City Finance Director.
E. Should the change in the deduction amount or method require a computer
programming change, the Association shall be responsible for that cost of such change or changes,
at $30 per hour with a four (4) hours maximum. Payment from the Association shall be made to
the City Finance Director within ten {10) days of receipt of billing.
35
ARTICLE 32. ASSOCIATION ACTIVITIES
The City agrees that during working boun on the City premises and without loss of pay,
Association repre1e11tatives may be allowed to: attend Associacioa-maaagerneat meetiap; attend
negotiation sessions; post Association notices on City designated bulletin boards; solicit
Association memberships during employee's non-work time; and represent employees on
grin"ances and disciplinary matters provided the work load permits as determined by the Director
of Safety Services or designated representative and requires no overtime pay.
ARTICLE 33. LETTER OF CORRECTIVE ACTION
A. Oral Corrective Action -Whenever.grounds for corrective action exists and the
supervisor determines that the inci~t, action or behavior of the employee is such that more
severe action is not immediately necessary, the supervisor should orally communicate to the
employee the supervisor's observation of the problem and offer a:isistance in correcting the
situation. When an oral corrective action is given, the supervisor should ensure that the
employee's departmental personnel file is documented to show the date of the corrective action
and the nature of the corrective action. The employee should be advised that the corrective action
will be documented in the employee's departmental file. Examples of reasons that may result in
an oral corrective action are listed under Englewood Municipal Code, Section 3-tM .....
B. Wrinen Corrective Action -When the supervisor determines that a wrinen
corrective action is appropriate and necessary, the corrective action shall addressed to the
employee and shall include the violation; the specific behavior and the dates of the behavior
(when appropriate) that support the charge; the warning that continuance of this behavior will
result in disciplinary action; and an offer of assistance in correcting the behavior.
A signed copy of the corrective action by the supervisor shall be included in the
employee's official personnel file in the Employee Relations Office, and the employee shall have
the opportunity to submit wrinen comments in response to the corrective action to be included
in the file. After a period of one (1) year from the date of the filing of the wrinen corrective
action, the employee's current and regular supervisor shall review said letter and provide a follow-
up lener indicating the status of the wrinen corrective action. Examples of reasons that may
, result in a wrinen corrective action are listed under Englewood Municipal Code, Section 3-tM .....
C. The employee retains the right to request an administrative review of the wrinen
corrective action. The Director of Safety Services shall develop this administrative review
procedure which shall at a minimum consist of a board with equal representation of command
staff ~o be selected by the Director of Safety Services, and Association memben to be selected by
the employee. This board shall be advisory to the Director of Safety Services, and its findings
shall be placed in the employee's personnel file. This Article shall not be grievable under this
Contract. If this procedure is not observed, at the request of the Association a meeting may be
held between the Department, the City Manager's office and the Association to address this issue.
ARTICLE 34. DISCIPLINARY ACTION
Disciplinary actions are those personnel actions administered against an employee for an
offensive act or poor jol> performance, which actions adve~y affect the current pay, current
status, or tenure of the employee.
1. Disciplinary action penalties include suspension, demotion, and discharge of an
employee.
. 2. Disciplinary action may be administered concurrently with corrective actions.
3. Reasons for disciplinary action are defined under 3-lM-4 of the Municipal Code.
An employee shall be allowed at his/her discretion one (1) aaociaaon representativt to be
present during predisciplinary meetinp. This provision shall apply only when an employee
desires the assistance of an Association representative and only when the employee believes that
disciplinary action as detined above may be taken against the employee.
ARTICLE 35. GRIEVANCE PROCEDURE
A grievance is defined as an alleged violation concerning the interpretation or application
of a specific provision of this Contract. The employee and the Association shall be required to
follow the procedure as set out below.
If the employee/ Association is unable to settle the grievance or dispute orally and
informally through his/her immediate supervisor within seven (7) calendar days of the date of the
occurrence of the grievance, or the employee's knowledge of it, the employee may within the
succeeding seven (7) calendar days file a written grievance with his/her supervisor. The
supervisor shall attempt to resolve the matter and shall respond in writing to the employee within
seven (7) calendar days. An Association or general grievance shall be presented directly by the
President of EPBA or his designee to the Director of Safety Services.
If the grievance still remains unresolved, it shall be presented by the employee to the
Division Chief in writing within seven (7) calendar days following receipt of the supervisor's
response. The Division Chief shall respond in writing within seven (7) calendar days.
If the grievance still remains unresolved, it shall be presented by the employee to the
Director of Safety Services in writing within seven (7) calendar days following receipt of the
Division Chief's response. The Director of Safety Services shall respond in writing within seven
(7) calendar days.
If the grievance still remains unresolved, it shall be presented by the employee to the City
Manager in writing w·ithin seven (7) calendar days following receipt of the Director of Safety
Services' response. The City Manager or his/her designated representative shall respond in
writing within fourteen (14) calendar days.
If the grievance is still unresolved, the employee within fourteen (14) calendar days after
the reply of the City Manager or his/her designated representative, may by written notice request
the matter be heard by an arbitrator. If within five days of the request for arbitration the
Association and the City cannot mutually agree on an impartial arbitrator, a request will be filed
with the American Arbitration Association for a panel of seven arbitraton to be sent to the
parties . The arbitrator shall be selected by a method of alternative striking of names from the
panel, with the first strike determined by a coin flip. The final name left on the panel shall be the
39
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arbitrator. The arbitrator shall be requested to issue a decision within thirty {30} days after
conclusion of testimony and argument.
Each party shall be responsible for compensation to its own representatives and witnesses.
The fees of the arbitrator shall be shared equally by the Association and the City. If either party
desires a verbatim record of the proc:eediop, it may cause such a record to be made, provided it
pays for the record and makes copies available to the arbitrator. If the other party wishes to have
a copy of the transcript, it shall share equally all costs of the transcript.
Failure by an employee or the Association to comply with any time limitation shall
constitute a settlement of the grievance. Should the employer not respond within the prescribed
time, the grievance will automatically proceed to the next step. At the employee's option, the
employer may be allowed additional time to respond.
Authority of Arbitrator
The arbitrator shall have no power to add to or subtract &om or change the terms of this
Contract. The written decision of the arbitrator shall be 6aal and binding upon the parties. The
arbitrator shall limit his/her decision strictly to the grievance submitted which bas been properly
processed through the grievance procedure outlined.
Processia1 Grieyapce Durin1 Workig Houn
Grievances may be iavestiptecl and processed by the employee and one (1) oa~uty
association representative at the employee's request during working hours within reasonable time
limits without loss of pay provided notice is given and the work load permits.
ARTICLE 36 . EXCLUSIVENESS OF CONTRACT
The City and the Aaoc:iation agree tbat the terms and provisions herein contained
constitute the entire Contract between the pan.ies and supenede all preYious comrmanications,
representatives or agreemeau, either verbal or wriuen, between the parties with respect to the
subject matter herein. the City and the Aaocier.ioa 1g111e that all negotiable items have been
discussed during the negotiations leading to this Contract and, therefore, agree that negotiations
will not be reopened on any item during the Ii& of this Contract except by mutual agreement of
the parties .
IN WITNESS WHEREOF, the parties have caUled this Contract to be signed by their
respective representatives, and their signatures placed thereon, on this_ day of January , 2002 at
Englewood, Colorado.
CITY OF ENGLEWOOD
Mayor
ATTEST :
ENGLEWOOD POUCE BENEFIT
ASSOCIATION
TedAdumoa
COUNCIL COMMUNICATION
Date A1enda Item Subject ·-January 7, 2002 11 a i Three Percent
Admissions Tax
INmATEDBY STAFF SOURCE
Alliance for Commerce in Englewood (ACE) Jan Johnson, Community Development
COUNCIL GOAL AND PRMOUS COUNCIL ACTION
• Goal: Business Development ,
• Previous Action: Creation of Ordinance 51, Series of 1976 -Admissions Tax
RECOMMENDED ACTION
The Alliance for Commerce in Englewood (ACE) initially recommended elimination of the three
percent (3%) City Admissions Tax on those businesses that charge admission pursuant to
Ordinance 51, Series 1976. At their December 13, 2001 meeting however, ACE conmrred with
the compromise position put forth by CD staff, City finance Director and City Attorney.
This proposal calls for a temporary tax reduction for two years. During the two years, the
Admissions Tax would be 0%. At the end of two years, the Admissions Tax would be reviewed to
determine reinstatement or elimination.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
ACE discussions have focused on the current business climate in Englewood, as well as barriers and
opportunities for future commercial activities. While taking a broa overview of the current
business climate, the current City Admissions Tax has come under study for its impact on current
regional draw businesses that provide entertainment This tax has a negative impact for retention
efforts. This tax can also be viewed as a disincentive in efforts to attract new businesses to
Englewood.
As the City pursues both public and private redevelopment opportunities, venues that provide
entertainment, including restaurants & bars that may have a cover charge, movie theatres, concerts,
live performances and sporting events are encouraged. Many of these types of businesses were
highlighted in the Englewood South Broadway Corridor Market Study (August 2000) as areas of retail
leakage and void (page '.!4-25 and Table lll-3A are attached).
ACE supports the development of a diversified business mix, including the addition of businesses
that charge admission for entertainment and other public events that expand commercial activities
in Englewood . Please note that ACE member Steve Schalk abstained from any vote on this topic
due to ownership of the Gothic Theatre and the conflict of interest inherent in the topic. In
addition. ACE understands the City's goal to diversify the revenue base. A more diversified business
m ix w ill enhan ce the current revenue stream and may create opportunities for diversified revenues.
The current Admi ss ions Tax may present a disincentive for those highly sought after businesses. In
th e ti ght metro market , re gulatory and business climate issues such as taxes can be a determining
rac tor in sit e selec ti o n.
The advancement of entertainment opportunities will stimulate the influx of spin-off businesses . For
example, an exciting cultural attraction will generate more revenue-based business in the form of
taxable sales from restaurants, specialty shops and others related businesses . The growth of
children entertainment facilities will stimulate the development of toy stores, children's clothing and
other play facilities .
In the case of the Gothic Theatre, the Englewood regional draw must directly compele with
Denver metro venues (the Ogden, Fillmore and Blue Bird Theatres) that do not charge Admissions
Tax, allowing for an improved price differential in Denver. Denver currently collects Admissions
Tax on venues owned by Denver. Because Denver is considered the most direct competition
within the extremely narrow business field, the Admissions Tax creates an "unlevel playing field"
for Englewood business . Repeal of the ta'< would rectify the inequity in competition.
FINANCIAt IMPACT
During 2000, the total Admissions Tax collected was $23,116. This amount reflected 0 .07% of the
total revenues of the City of Englewood . From 1988-present, the revenues from admission tax has
never accounted for more than 0.12% of the total revenues.
Elimination of this tax, in the short term, would create a $23,000 gap in the revenues for the City.
In the long term, however, it is anticipated that this gap would be replaced with increased revenue
through increased alcohol sales, food sales and other taxable activities.
The incremental cost for additional services for entertainment businesses is an issue for discussion .
The needs for safety, security, water and street for entertainment businesses arc similar to other
Englewood businesses that do not fall under the Admissions Tax. In addition, the Gothic Theatre
pays for their security needs through contract with a private company.
In the current business climate of Englewood, the impact of the tax is two businesses out of the
1800 businesses located in Englewood. In addition, these two particular businesses that charge
admission to provide entertainment are among the strongest regional draws fqr the City.
The benefits of elimination of the Admissions Tax would impact the two Englewood businesses that
are subject to the tax, sending a strong retention message. In the long term, the benefit will be the
stronger placement of Englewood in metro wide competition for entertainment businesses.
ACE v iewed the amount of revenue generated by the tax as outweighed by the possible
disincentive when co mpeting against other communities for entertainment businesses, including
res tau rants th at have cove r charges for entertainment.
The increased diversity of th e business community would provide more opportunities for additional
re1,enue-based businesses, incl uding restaurants, specialty shops and other retail experiences .
O ther alterna tives iden tifi ed ha1,,e included th e compromise that provides a temporary tax
reduc t ion to O":. fo r a period of two yea rs . This allows immediate reliet from the tax and may
pro1,,ide a t ool for both retention and attraction acti, ities.
LIST OF ATTACHMENTS
• Proposed Bill for an Ordin,1n e
• P.,~e 24-:25 and T,1ble 111 -3 of the Engl >\OOd 'iouth Broadway Corridor Marl.et Study, August,
.?000
• Ord1n,111c.:e I o . 5 1. erie, ut 1976
• Lettt'r irorn 'itt.', t> c.:hall... O\\ nt.>r 0 1 the Goth1 TI1e.i tre
• f,1ble I J, 1\dnus,1011 Ta" rrom the Color.,do \\um ,pal Lea>:ue
• t
• •
I
I
I
I
I
I
I
TABLEUl-3
Sale collections 'lithin the Corridor rebounded by 13 percent between
1998 and 1999, following a decline of more than 1 percent between 1997
and 1998. Amon g t'ie districts in the Corridor, Downtown has consis-
tently represented between 36 and 38 percent of collections , followed by
Brookridge at approximately 30 percent, Cherrelyn at 22 percent and
Gateway at 11 percent
Retail Leakage and Vold Analysis
To determine the types of retail/service categories for which there may be
unmet demand in the trade area, lhe consultant team conducted a void
analysis of retail/commercial categories for the South Broadway Trade
Area. Retail "leakage" is determined by analyzing the disparity between
actual retail sales within the market area and annual household expendi-
tures. If annual household expenditures exceed total retail sales, this
indicates that individuals are spending a portion of their money outside of
the immediate market This phenomenOn is termed leakage. Conversely,
if annual household expenditures .. less than total retail sales, this
Indicates that the community Is benefiting from expenditures made by
persons visiting the trade area, or "Importing" retail sales.
Table 111-3 illustrates a summary of the results of the void analysis by
broad retail categories, and quantlllN the level of ules leakagelimporting
related to the trade area for major retail cal8gorles. The detailed analysis
is provided In Table IU-3Aon the klllowing page.
, j1
S UMMARY Rl:TAJJ..ICOMMEllCIAL VomANALYS1S(S000s)
Sol1TH 8ROADW~.Y CORIUDOR PRIMAllY TRADE AllA
Category , 999 Aggregata EJpendltutw
Buildi ng Materials S39.4 1 l,201
Food Stores $6 7,459,819
Automo tive• $6.865 ,73 9
Apparel S,14 .51 1.757
Furn iture $35.901 .992
Earing&: Dri nki ng Sll.846.190
Entenammcnt S!9,986.913
Miscell an eous $9.393.175
After-market.
Source CACI Urban Land Institute : and Leland Consulun1 Group
Pmwy TradaAIN
Existin1 Square Feet (OOOs)
36,750
201.200
105.000
25 .012
135,717
95 .614
65 .931
176.804
Suppollallle
Square Feet (OOOs)
1999-2004
250,340
11,704
222.371
149.344
37 ,117
49.206
T .... IIJ .)A
T ... Arealleloil-
1 .... 2004
18111klln1 Materiab
I _.....,.._ .... _.,
Mm,..._. ud R<poir ,----~· .. -
FooclSl<ns -·----, __ _
--Alm-.. -.. MMIIISoppliol
1
:::-..:...--
Woma'sAppam --. .._., I Claildmi'1A_.i ..,...,A_.t -Jcwclry OlbcrA_.i __ _ .._.... __
fFwllinnllt ..... Mlnlilllillp
HouselloldTu ... -11ppi.-
Mi1< HoMe ud-Fw1lilbiap
TV.Rad -.c_Eq,ap
I Odlor-EqoapmM
!Jwa.tr-
F""""""'"-, ......... -
le..,01 & Onnkins -
I Food Away from Home
'Eau-.. Drialuoo&"'--
i l~= ...... aad-
1 Adnussaons
Ea....,....1 S.....,
iM,scdla.....,
0,.1ul Goods
Rndin1 Ma&enals
Peu aod Supplta
0..ldC...
Odlor Retail
·M-S.blolal
I
Total Tralk Arn
I rr t
4
JO
10
7
II
' I
0
,,
l6
0
2J
Source . CACI. Urban Llod lnst1Nte and Leland ConsWDna Graap.
36,7,0
c---
"" ----
190.000 S47-'1IO.IIIIO
II .JOO 12.4J3.312
105.CIOO 115,750,CIDII
2.012 $.>63.360
llJIOO S:Z.O, I, 140
35.000
46.lllO
]1.471
ll.309
0
4.11111
'5.614
54.511
11."20
•.JOO
ll-"75
1.97'
0
1'1.354
S4.502.0SO
SI 1.ll9.321
15.441.192
13.306.917 • --
115.411.522
S6.tll7.301
Sl.m.153
-.956
11 .750.415
Sl.l?Q.JII
so
SZ:.'IQJ.100
132.167.)15
S7.l4W5
U,,41UII
SI.OJI.IOI
14.ffl.llQ
12."4 ..
S1.321JID
S2JCl2.a
S1.974Jl79
m.,,.1.113 ........,,,
1441.299
S].11112.2'JQ -·· S14.9l9.7l1 -·-$4.5et.327
ll.ffl.191
Ill.NUii
$11.M.lto
Sl&NU'9
SJ00.515
Sl.321.9Jt
•••• ,.11111
14.1117.692 • 9'.Jn.ffl
-........
IIJDl.101
5'ffl.lMJ
12.tM.al
ll.321JID
IUIZ.a
11.410.719
DUIWM!
MUIUl7
1441.299
(SI .....
(SIMU.I . ..., ...
15.l'N.ftl -.m
SZ.732.J91 .........
«-.371
Sl.571.524
(1117.321
14.617.82
(m.'IQl.l
(1ft
s,o.J76
11.759 -SUN
13.JIS
l3QI
IMII
-1262 • •• m
11n ••• 11.25'
IU1t
DI
S1'4 ... ••7 .... ..
$191 ....
SI.OSI .....
Sl.444
S1'6 .._
116
1112 .,.
1256
1114
-
IL213
132.167.kS
S7.l4J.l55
U,,41UII
SI.OJI.IOI
M.795.IIQ
S2.tJ4.2IO
ll.321JID
suaz.•
Sl.914.1179
m.t54.113
l6Ull."7
1441.299
IJ.CIIIU,'Q
-140
S14'Jt.711
IIAl.ffl
M.M.3%7
ll.ffl.191 -
111.141.lto .......
Sl00.515
13.32Ul9
Sl.llllOIO
M.617.6t2
--IIU
113
11'6
112!
11.CJO
a.m
m
1117 ..
1'31 -131]
sm
sun
Sl.174
SLl74
......
S22J -
119
Slll7
117
132
-
SI.a.DI
-.-.UI
··-IUJl.1'1
13.616.146
11.Ml.ffl
13.IIU.1411
12.440.012
121.371.113 .......
1552.17]
13,71GJI]
Sl,117.5411
IIL415.ffl
SIC1.413.MS ss.w• -·--....,,,,,,.
1371.531
14.106.llll3
Sl.3-
15,lM.I•
S7.'92.3l6
ll.109,7n
9.JIUU
l14AGl.950
11.315.312
su.,zz.m
Sl.6211..n
S..-..,Z
Sl.195.541
11.131.754 _.,..
131].,.. -St65.934
S'-"17,711 ...... .,,.
SIOS.574
Slll.613
S21J.4IIO
13.SJl.17'
iJl.11111.,..
Sl.a7J.7'f
94011
11.m."'
........ ..........
, __ _
JO.DI,
JO.DI,
15.111, -
15.111,
IS.DI,
JO.DI,
JO.DI,
"·°" 15.111,
2.1.111,
ICIA
ICIA
'·°" 15.111, -JO.DI, ., ...
"·°" -
2'.111,
2'.111,
211.111,
10.111,
S,,110.791
Sl.051.615
111,IQ,nS
116.797.ffl
11.1119.906 . ...., ...
12.1116.6]9
12.111,6J9
12.179.IIO
Sl.301.517
Slll.1719
1376.013
1679.250
W5.IJA
16.772.llll
112.171,711
1116.1]1
S779.475 --14.1155.101
s;,,m.JMI
11.2&511 __ ,,. .......
Sl.1411.0SI
Sl.ll'7.911
SUM.8B
salill
-.079
SJ06.7'6
Sl.217.1151
$35,765.636
S,.295.540
M!I.Nl,1,-
131.115.064
l'.M.341 ,.,.,...
12.106.639
12.JIUJt
IICl.210.911
16.0116.561
13.765.359
S1,1QJ.J96
13.111.?n
11.~2
m .67U69 -
S56l.4JO
S779.47,
1224.G'III
lll.552."'
Sl.577.3'1
SUl7.131
Sl.1113.3'6
Pz.zJLM
S1L6l2
S2.5'1.60<
SJ06.7'6
"·-·"o
Typical -hrSF
1180
1180
MOO
rn,
SIIO
S21'
12«1
"" S215
SIIO
53'0 m,
1160
1160
1300
1180 m,
S290
1215
S240
1120
SIIO
S275
SIIO
S165
S120
191.691
!1.6U
250.340
77.963
17.63' ,,.,,.,
11 .704
11,7114
47,493
2'.,1()2
17.513
7.924
17.676
5.72'
100.637
U!.l71
l.521 •.•n
747
7'.290
27.554
J0.130
17.225
149.,..
37,117
n.111
::.2•.74'
13.631
2JL]7!
322
l'.176
1.159
'9.206
35.000
3,.ooo
50.000
2..00
6.
J.000
l .000
l.'00
2.500
3.
I.
1.200
1.900
5.000
4,IOO
3.
!.200
2.500
3.000
3.000 ,
1.600
15.000
1.400
:?.600
1.700
3.400
,.
·'
0
The analysis indicates that the trade area could support additional retaiV
commercial space in several categories . Categories that appear to offer
the greatest l)Otential and which may therefore be suitable for Corridor
redevelopment efforts indude :
Food/Drink Away from Home (i.e . restaurants)
Entertainment (i .e. movie theatres : book stares. ·camera stores, etc.)
Miscellaneous (i.e. gift stores, pet shops, florists, etc.)
WhUe the Corridor is importing a sizable sbare of its auto-related retail
sales from outside the Primary Trade Area, ltleNI .. indications of
leakage for specific types of retail goods. Appa'9I & AcceAorlN and
General Merchandise.,. two additional c:alllgOries far which leakage la
occurring . A relative lack of variety in retail space within the Corridor,
especially• compar9d to similar corridOrl in the region, ia a cauae of
this leakage and indicafeS a po18nllal market niche far naw r9IIII deVelop-
ment (See the Appendix for listing of potential retail opportunities within
each of the identified opportunity categories.)
As shown in Table 111-3A (Void Analysis), there are approximately 750,000
to 1 million square feet of retail/service space in the Broadway Corridor
within the categories identified . The existing space contains a relatively
traditional mix of retaiUservice tenants-those found in moat corridOrS and
older commercial business center'I . As growth in the martcars raidenlill
base continues . units tum over and transition. and the Corridor modllles
and improves its appearance; there will be increased demand for a~
variety of stores. including neight,omood-supporting UNI. and entertain-
ment venues . Note : The residual demand esanal8S are fortlte trade
area as a whole. Depending on the positioning and niche slral9f1Y
pursued by the City, the CorridOr can expect to capture varying shares d
demand within the retail/commercial cal9g0iy.
25
A soon-to-be convened antique store
1*f IV lonr,fime South Sn,edWay
Myan 's Po'Pouni Anliques could be Ille.-al• new Anflqw Row on
EngllwoOd'I South BtoadWey.
INTRODUCED AS A BILL BY COUNCILMAN SMITH
BY AUTHORITY
ORDINANCE NO. 51 , SERIES OF 1976
AN ORDINANCE AMENDING CHAPTER 2, TITLE IX, OF THE 1969
ENGLEWOOD MUNICIPAL CODE, BY ADDING A NEW ARTICLE III
THERETO, LEVYING AND FIXING AN EXCISE TAX IN THE AMOUNT
OF 'l'RREE (31) PERCENT ON THE PRICE PAID TO GAIN ADMISSION
TO ANY PLACE OR EVENT IN THE CITY, WHICH IS OPEN TO THE
PUBLIC; PROVIDING FOR THE PAYMENT AND COLLECTION OF SAID
TAX; PRESCRIBING PENALTIES FOR THE VIOLATION OF 'l'RIS ORD-
INANCE; AND RENUMBERING THE SECTIONS CONTAINED UNDER ARTICLE
IV OF CHAPTER 2 OF SAID TITLE IX.
WHEREAS, the City Council finds and determines that
it is necessary to raise additional revenue; and
WHEREAS, the City Council is of the opinion that a
reasonable, just and proper manner in which to raise this said
revenue,is by adopting an excise tax on the price paid to
gain admission to places and events in the City, which are
open · to members of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF .
THE CITY OF ENGLEWOOD, COLORADO, as follows:
Section l.
That Chapter 2, Title IX, of the 1969 E.M.C. is hereby
amended by adopting a new Article III, to read as follows:
CHAPTER 2
AMUSF.MENTS
ARTICLE III -ENGLEWOOD ADMISSIONS TAX
9-2-31:
9-2-32:
9-2-33:
9-2-34:
9-2-35:
9-2-36:
9-2-37:
Legislative Intent
Excise Tax Based on Admissions
Definitions
Place or Event Open to the Public
Taxable Transactions
Exempt Transactions
Refunds
-1-
9-2-38:
9-2-39:
9-2-40:
9-2-41:
9-2-42:
9-2-43:
9-2-44:
9-2-45:
9-2-46:
9-2-47:
9-2-31:
Free or Complimentary Admissions,
Admissions at Reduced Charges
City OWned Places and City Sponsored
Events
Liability, Licenses and Reporting Procedure
'License Officer May Require Reports
Responsibility for Collection and Remittance
of Tax
Reporting Procedure
Interest and Penalties
City License O!ficer Empowered to Make Rules
an.d Regulations
Repeal of Conflicting Ordinances
Severability
LEGISLATIVE INTENT
It is hereby declared to be the legislative intent
of the City Council of the City of Englewood that on
and after the effective date of this ordinance, every
person who pays to gain admission to any place or
event, in the City, that is open to the public, shall
pay, and every person, whether owner, lessee or operator,
whocharges,or causes to be c~arged,admission to any
such place or event.shall collect the tax imposed by
this Article.
9-2-32: EXCISE TAX B.'\SED ON ADMISSIONS
On, and after the effective date of this ordinance,
there is hereby levied, and shall be paid and collected,
an excise tax of three (31) percent on the price paid
to gain admission to any place or event in the City,
which is open to the public. Said excise tax is in
addition to all other taxes imposed by law.
9-2-33: DEFINITIONS
When not clearly otherwise indicated by the context,
the following terms, words and phrases as used in this
Article, shall have the following meanings:
(a) Identification. The tax levied herein may
be identified as the "Englewood Admissions
Tax.•
-2-
Cb) •city• means the City of Englewood 1 Colorado.
(c) •Article" means Article III, Sections 31 through
47, inclusive, Title IX, of the 1969 Englewood
)lunicipal Code, as amended.
(d) •License Officer• or •city License Officer•,
shall mean the Director of Finance of the
City of Englewood, or his duly appointed
deaignee.
Ce) •person• means and includes any individual,
firm, co-partnership, joint venture, corporation,
society, club, association, joint stock company,
estate, or trust, receiver, trustee, assignee,
lessee, or any person acting in a fiduciary
or representative capacity, whether appointed
by court or otherwise, or any group or com-
bination acting as a unit, including the United
States of America, State of Colorado, and any
political sub-division thereof, in the plural
as well as the singular number.
9-2-34: PLACE OR EVENT OPEN TO TBE PUBLIC
The term •place or event opep to the public" .. Jleans
any place or event, the admission or access of which
is open to members of the public upon payment of a
charge or fee. Thia term shall include by way of
illustration, but not by, way of limitation, the following
places and events •hen a charge or fee for admission to
such places and events is placed upon members of the
public:
(a) Any performance of a mction picture,
stage show, play, concert, or other
manifestation of the performing arts.
(b) Any sporting or athletic contest,
exhibition or event, whether amateur
or professional.
(c) Any lecture, rally, speech or dissertation.
(d) Any showing, display or exhibition of any
type, such as an art exhibition.
-3-
(e) Any restaurant, tavern, lounge, ba= o.r
club, whether the admission charge is
termed a "cover charge", "door charge",
or any other such term.
9-2-35: TAXABLE TRANSACTIONS
It shall be a violation of this Article f9r any
person who pays to gain admission to any place or
event in the City that is open to the public, to
fail to pay, or for any person, whether owner, lessee,
or operator, who charges or causes to be charged
admission to any place or event in the City that is
open to the public, to fail to collect the tax levied
by this Article.
9-2-36: EXEMPT TRANSACTIONS
The following entities and transactions are
exempt from the duty to pay, but not the duty to
collect, the tax levied by this Article:
(a) The United States Government and the State
of Colorado, its Departments and Institutions,
and the political subdivisions thereof,
including the City of Englewood, only in
their governmental functions and activities.
(b) Religious, charitable and quasi-governmental
organizations and corporations, only in the
conduct of their regular religious, charitable
and quasi-governmental capacities.
9-2-37: REFUNDS
In the l •t that an admission price is refunded
for any reaso, either before or after an event has
taken place, the tax is not applicable and shall be
refunded along with the admission price.
9-2-38: FREE OR COMPLIMENTARY ADMISSIONS, ADMISSIONS
AT REDUCED CHARGES
The providing of free "passes", "complimentary"
admission tickets, or otherwise, where no admission
price is charged or paid, shall exempt said person
-4-
from payment of the admission tax; however, in the
event that a reduced charge for admission is made,
whether for a pass, complimentary admission or other-
wise, the tax imposed in this Article is applicable
to the amount of such charge.
9-2-39: CITY OWNED PLACES AND CITY SPONSORED EVENTS
The tax levied by this Article shall not apply to
any admission fee paid or charged to gain entry into
any place owned by the City, or any event sponsored
or conducted by the City.
9-2··40: LIABILITY, LICENSES AND REPORTING PROCEDURE
The burden of proving that any transaction is not
subject to the tax imposed herein, shall be upon ~he
person upon whom the duty to collect the tax is imposed
by Section 31 of this Article.
9-2-41: LICENSE OFFICER MAY REQUIRE REPORTS
The City License Officer may require any person
to make such return, render such statement,or keep
and furnish such records as the said License Officer
may deem sufficient and reasonable to show whether or
not such person is liable under this Article for the
payment or collection of the tax imposed herein.
9-2-42: RESPONSIBILITY FOR COLLECTION AND REMITTANCE
OF TAX
Every owner or operator,who charges or causes to
be charged admission to ·any place or event that is open
to the public, shall be liable for the collection and
remittance of the tax levied herein. If an owner or
operator of a facility leases or rents such a facility
to another party, which in turn sponsors or conducts
some public event in such facility, then such owner
or operator shall be relieved of the liability of
collecting and remitting the tax,only if the party to
whom the facility is leased or rented is, at the time
of such leasing or rental, licensed to collect and
remit the tax.
-s-
t
• •
9-2-43: REPORTING PROCEDURE
Every owner, operator or person who has the duty
to collect the tax imposed in this Article, must
obtain, we.thout charge, a license to collect the tax,
and must report on forms prescribed by the License
Officer such taxes, and remit to the City the col-
lected taxes within the following time periods:
(a) For regularly continuing or recurring events,
such as charging admission to motion picture
theaters, reports and remittances must be
f i led with the Director on or before the
twentieth (20th) day of the month for the
proceeding month or months under report.
(b) For single non-continuing or non-recurring
events, such as the charging admission to
a single performance of a concert, reports
and remittances shall be due within five (5)
calendar days of the performance or event,
unless specific arrangements are made in
advance with the City License Officer.
9-2-44: INTEREST AND PENALTIES
If remittances and reports are not received on
the due dates specified in Section 43 of this Article,
a penalty shall be imposed in the amount of ten (101)
percent of the tax liability: and the total amount
due, including tax and penalty, shall bear interest
at the rate of one (11) percent per month, or a
fraction thereof until such reports and remittances
are received by the License Officer.
9-2-45: CITY LICENSE OFFICER EMPOWERED TO MAKE
RULES AND REGULATIONS
The City License Officer is hereby authorized
to promulgate rules and regulations regarding the
payment, collection, reporting, and accounting
criteria and periods, settlement of disputes over
payment, refund and enforcement of tax imposed by
this Article. Said rules and regulations shall not
be inconsistent with the _provisions of this Article.
-6-
9-2-46: REPEAL OF CONFLICTING ORDINANCES
All sections or parts of sections of the 1969
Englewood"Municipal Code, as amended, or ordinances
or parts of ordinances in conflict or inconsistent
herewith, are hereby expressly repealed.
9-2-47: SEVE .RABILITY
If any part or parts hereof is for any reason
held to be invalid, such shall not affect the remaining
portions of this ordinance.
Section 2.
That Sections 41 and 42 of Chapter 2, Article IX of
Article IV, entitled, "Miscellaneous Amusement Fees", and
"Closing Hours -Miscellanecus Amusement Houses•, respectively,
are hereby renumbered as follows:
ARTICLE IV -MISCELLANEOUS
9-2-50: MISCELLANEOUS AMUSEMENT FEES
9-2-51: CLOSING HOURS -MISCELLANEOUS AMUSEMENT HOUSES
Introduced, read in full and passed on first reading
on the 4th day of October, 1976.
Published as a Bill for an Ordinance on the 6th day
of October, 1976.
Read by title and passed on final reading on the
18th day of October, 1976.
-7-
Publiahed by title as Ordinance No. 51 , Series
of 1976, on the 20th day of October, 1976. ~--~
A'l"l'EST :
I, William D. James, do hereby certify that the
above and foregoing is a true, accurate an4 ccmplete copy
of the Ordinance, passed on final reading and published by
title as Ordinance No. SJ , Series of 1976.
Issue: Englewood 3% admissions tax
Action: Repeal the 3% admissions tax
Presented By : Steven Schalk
Gothic Theatre
3263 S. Broadway
Cultural Arts in Englewood has been a large focus of the community and city council.
The cultural arts organization in Englewood has done a feasibility study on a proposed
Englewood cultural arts center; the study showed a need for tickets to be competitively
priced. Englewood has a 3% admissions tax, Denver docs not have this tax, allowing the
Ogden, Bluebird and the Fillmore Theatres to be more compctitve in a city that suppons
and promotes a night life and entertainment industry. Malting Denver an overwhelming
favorite for cultural arts support and promotion. Englewood City Council can begin
supporting cultural arts by supporting the Gothic Theatre. No matter the culture or the
an, Englewood is a long way from being a destination spot after 5pm. The Gothic
Theatre is a vinual island, which has successfully drawn a following from many of the
Front Range communities. An island in that there arc no other supporting businesses or
even any nightlife after Spm making promoting concerts even more challenging.
Denver's suppon goes beyond the 3%. The Ogden Theatre is owned by Doug Kaufman.
The previous Gothic Theatre owner focused his energy and capital on the Ogden in the
mid 1990's when the City of Denver gave the Ogden $100,000 to help restore the still run
down historical venue. The Ogden has no commitment to pay this money back. The
Ogden is the Gothic Theatre's main competition. Considering the incentives Denver
gives the Ogden and the 3% admissions tax the Gothic pays the City of Englewood, the
Gothic is always at a disadvantage . The Englewood cultural arts study emphasizes this
very sensitive subject, ticket pricing. Englewood needs to make changes. The Gothic
Theatre has made a substantial investment in the community and I would like to see
Englewood suppon the ans by repealing the 3% admissions tax and making Englewood
competitive with Denver.
The additional marketing that is required to bring people to this destination point is far
more expensive given the location. The benefit of Denver's Colfax; the foot traffic and
synergy of businesses that make Denver come alive at night, is a great draw. The Gothic
Theatre maintains a high profile in the metro Denver market by running extensive
advertising in print and radio. The Gothic Theatre advenises with The Rocky Mountain
News, Denver Post , Westword, and the Onion newspapers. We co-promote numerous
shows with Clear Channel, which operates KBCO, KTCL, KBPI, and the FOX radio
stations . KUVO helps us promote jazz shows. Anheuser-Busch, our beer sponsor,
provides us with even more radio advertising. We have an in house graphic anist and
desktop publishing system to output thousands of l lx 17 posters and fliers weekly.
Certainly the Gothic has to advertise in order to promote shows, but a lot of extra
spending goes into drawing folks to' nglewood. a non-destination spot. It 's a risky
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proposition for restaurants and entcnainmcnt to invest in a community that has no life
after 5pm. Gothic Theatre promotions bring auention to the sleepy City of Englewood.
The Gothic Theatre is pioneering the way for more cultural ans and entertainment to
follow. The Gothic Theatre has national recognition amona anists, agents and record
labels as a premier concert hall with history, an art deco style and a world-class sound
system.
The glamour and exciting idea most have of the rock and roll industry comes with
enormous risk and speculation. National anists put tours topther and clubs like the
Gothic make offers to an agent for an anist bued on a guaranteed amount, which we pay
in advance of the performance. On averap, talent guannrces are $4000 but can be as
high as $25,000 for one night! Whether we auract 1 penon or 600, whether it rains or
snows, whether we have power or we don't, the band still aeta paid and the Gochie ia
taking a risk. This ia a far diffamt risk than a buaineu that offen a product or aervice.
All cultural arts events have numerous variables that often can't be foreaeen. which can
make or break a show. Ultimately the anists drive this hiply compelitive market and a
proven anist costs more. We compete with the Ogden and the Bluebird for this hiahJy
sought after talenL The agent and anist know Denver, Englewood ia a harder aell. All
these facton drive an anist's guarantee to an inflated price making it hard to cover the
guarantee from ticket sales. The Gothic depends primarily on conceaaion income to bear
the sttain of this risk. When it all cornea loaetfier it's beautiful, and I'd bet 101J1C of you
have been to the Gothic for a pem show, but were you here when only 25 people paid? I
will even admit that at one show we sold only one ticket. I wu here. So many fail in
entertainment becauae aniat COl1I are so hip along with the venue, sound, and liahts,
Only the most paasionare promoters survive.
So sensitive is the ticket price that a 3,. admiuiona tax doea have a madtet impact for the
Gothic when our competition hu so many advantaps. Stop taxing cultural arts paarona.
The Gothic Theatre was built in 1929 and hu been offering a source of fine
entertainment for generations. Englewood residents all have memories and stories from
the Gothic Theatre and now new memoriea are made each day an aniat ltCJII onto the
stage
Year2000
# Of persons: 90,000
Age Demographic Breakdown:
10,. 16-18Yrs 65,. 18-30Yrs
Ticket Sales: $456,742
Artist Cost: $385,218
Profit: $71,524
Year to date 2001 (8 months)
75,000
25,. 30 and over
$533,641
$351,480
$182,000
These numbers d2Jlll include any operating costs, salaries, or promotional costs. Just
Ticket sales and gross box office sales.
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I
I 10'7
ORDINANCE NO._
SERIES OF 2002
BY AUTHORITY
ABIU..l'OA
<J0UNCIL Bill. NO . 3
INTRODUCED BY COUNCIL
MEMBER~~~~~~-
AN ORDINANCE AUTHORIZING THE TEMPORARY ADMISSIONS TAX
9'A1&111•••
WHEREAS, the City of Eqlewood established an Admiuiona Tax with the
pauage of Ordinance No. 51, Series of 1976; and
WHEREAS, the Alliance for Commerce in Eqlewood (ACE) recommended
elimination of the three percent (3%) City Admiuiona Tax on those buaineaHs that
charge admission pursuant to Ordinance No. 51, 1976; and
WHEREAS, ACE supports the development of a diveraified busineaa mix, including
the addition of busineBBea that charge admiuion for entertainment and other public
events that expand commercial activities in Englewood; and
WHEREAS, ACE understands the City's goal to diversify the revenue bue; and
WHEREAS, a more diversified busineBB mix will enhance the current revenue
stream and may create opportunities for diveraified revenues; and
WHEREAS, the current Admiasions Tax may present a diaincentive for t.bme highly
sought after busineBBes; and
WHEREAS, in the tight metro market, regulatory and busineas climate iuuea such
as taxes can be a determining factor in site selection; and
WHEREAS, a temporary AdmiBBiona Tax reduction to 0% for two yeara may help
diversify the tax base;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
$ect.jon 1. The City Council of the City of Englewood, Colorado hereby authorizes
and approves a temporary City AdmiBBions Tax reduction to 0% for a two-year period
and at the end of those two years the City AdmiBBions Tax would be reviewed to
determine reinstatement or elimination.
Introduced. read in full , and paBBed on fint reading on the 7th day of January ,
2002 .
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Published aa a Bill for an Ordinance on the 11th day of January, 2002 .
Beverly J . Bradabaw, Mayor
ATTEST:
Loucriahia A. Ellia, City Clerk
I, Louc:riahia A. Elli~ City Clerk of the City ofEJIC)ewoocl. Colorado, hereby certify
that the above and for ~ ,ing ia a true copy of a Bill tbr an Ordinance, introduced, read
in full, and paaeed on fint reading on the 7th day of January 2002.
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OIU>INANCE NO._ I
SERIES OF 2001/2002
BY AUTHORITY
COUNCIL BILL NO. 36
INTRODUCED BY COUNCIL
MEMBER YURCHICK/GARRETT/
BRADSHAW
AN ORDINANCE AMBNDING TITLI 7, CHAPTBB 1A. OF THI: ENGLBWOOD I
MUNICIPAL CODE 2000, PERTAINING TO DOGS AND CATS.
WHEREAS, the recommended time between vaoc:inationa (or doge and cats baa cbanpd
over time; and
WHEREAS, thia Ordinance will update the dog and cat regulations to reflect those
changes; and
WHEREAS, the Englewood Code EnCorcement Adviaory Committee baa reviewed the
current dog at larp proviaions o( the Englewood Municipal Code and baa dete~ that
control by voice command baa proven inadequate to maintain control o( doga when the doge
are away Crom the premises of the owner or keeper; and
WHEREAS, the Enslewood Code Emorcement Adviaory Committee baa recommended the
City require that all doge be on a le88h when away Crom the pnmiNa o( the owner or keeper;
and
WHEREAS, the Englewood Code Adviaory Committee baa reviewed the cruelty to doge and
cats provisions of the Englewood Municipal Code and recommends modifications to properly
care for such animala;
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 amenda Title 7,
Chapter IA, Section 1, of the Englewood Municipal Code 2000, to read 88 followa:
7-lA-1: Definitions.
For the purpose of this Article, certain term• and words are herewith defined 88
follows :
Adjoi11i111l Ow,iers, Reside11ts: The owners and residents of lands that are supported
by a common boundary line .
•• ,..,,._ GeMNI ~,._. The ,er•a er ,,,_ ••••• ere4 a., lhe Gi., M eniaree '-
11•e ,iaiena af •hie ,t,.,t!ele .
A11i111al Shelter: Any premiaea delilJlllted by the City for the purpose oCboardins and
caring for any animal impounded under the proviaiona o( thia Article or a.., other ordinance
or law of the State of Colorado.
Attack: Any dog or cat that, without provocation, including the definition from
Section 7-lA-lO(C) EMC bites or attacks human beings, or in a vicious and terrorizing
manner attacks, or approaches in an apparent attitude of attack, a person anywhere within
this City, or a dog or cat that runs after and bites, barks or growls at any other animal,
bicycle or any vehicle being ridden or driven up on the streets, sidewalks or any public ground
or other place open to the general public within this City .
Cat: A domesticated carnivorous mammal Felis Catus. This does not include any
felidae not domesticated such as lion, tiger, wildcat, etc. which are included within the
provisions of Section 7-lC-3 EM!;.
Dog: A carnivorous domesticated mammal of the canine species, Canis Familiaris
and the product of Canis Lupus having been bred Canis Familiaris. The following are
excluded from and are not a part of thia definition: Jackala; foxea; and related animala; and
wolves, Canis Lupus all of which come within the provisiona of Section 7-lC-3 E?,U;.
Dog or Cat, Castrated Male (Neutered): Any male dog or cat upon which alternative
surgery of the genital organs has been performed by a licensed veterinarian and
accompanied by a certificate 888erting such operation has been performed.
Dog or Cat, Female (Not Spayed): Any dog or cat of the female gender upon which no
alternative surgery of the genital organs has been performed.
Dog or Cat, Female Spayed: Any female dog or cat on which an ovariotomy or
ovariohysterectomy has been performed by a licensed veterinarian and accompanied by a
certificate aaaerting such operation has been performed.
Dog or Cat, Male (Not Neutered): Any dog or cat of masculine gender upon which no
alternative surgery of the genital organs has been performed.
Dog or Cat Ow11er: Any person keeping, harboring or having the full or temporary
care of a dog or cat at the time any violation of this Article is committed.
Dog or Cat, Stray and/or Ru1mi11g at Large: Any dog or cat within the City limits,
outside of owner's property, unaccompanied by owner as defined herein.
Gri.euous Bodily Harm: Bodily injury which involves a substantial risk of death,
serious permanent disfigurement, or protracted 1088 or impairment of the function of any
part or organ of the body .
Guard or Attack Dog: Any dog trained to attack a person, or acquired for the purpose
of patrolling property or attacking any person. Also included is any dog whoae actions have
pre,.ously resulted in a conviction of its owner of a viola t,on of Section 7-lA-10 EMC-86.
Hobby Breeder: Any person who, outside of hia regular courae of employment, ia
breeding purebred dogs in an attempt to improve the breed through r nntrolled propagation,
thus achieving carefully desired qualitie1 and traits.
Ke,mels or Cattery: Any place where dop or cats are born, bred, raiaed, boarded, fed
or sold . for any valuable consideration, but shall not include a houehold which eella only the
offspring of a female dog or cat maintained solely as a family pet.
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Rabies: A viral encephalitis, almost always fatal to both wild and domestic animals,
that may affect any warm-blooded animal but is most common in carnivores and new world
bats. In the United States, foxes, skunks and raccoons are the major wild carnivore hosts,
though domestic dogs and cats remain the most important source of human exposure.
Section 2. The City Council of the City of Englewood, Colorado hereby amends Title 7,
Chapter lA, Sections 2 and 3, of the Englewood Municipal Code 2000, to read as follows :
7-lA-2: Running at Large Prohibited.
A. Dogs at Large. It shall be unlawful for any owner or person having the care, custody
and control of any dog to allow such dog to run at large in the City. 11nle1111 lllleh !leg
ill 11111ier Mie re111111n11hle eenvel ef a11eh ""' ner er per111111.
+,. For the purpose of this Section, a dog shell be deemed to be running at large
when off or away &om the premises of the owner, possessor or keeper thereof
and not 11111ier ,he eenv11l 11f 1n1eh 11'11 ner, plllllle-er lleeper, 'II he ehell l,e
eempe'811• '9 eenvel 111eh !leg 111111 w he 11111, he re1111ireli '9 liem1111t1v11'8 '9 11
memher ef ,he Ci-, Pereennel, hie er her ahil:it, '8 ee11:Wel atteh deg "he11e, er
a11eh !leg i11 nei li.epi en er e11nw111leli h, 11 le11ah, eerli er ehei11 1111, '9 e11eeeli
'811 fee, (19'~. Ci., llh111i 11111iM11ill II reeerli ef all etlit1111la imp1111111ieli '9g8'her
"'i,h all feea eellee'81i on a leash held by a person able to control the do1r.
~-Hehi,ha'8nliing 1111, ehhe pr11Jtlli1111t111hhill 8eeii1111, a «leg ahtil he lieemeli
ft8i 1t11tler reaeenal,le eellil'el when an, ef the fallewift1 ee11tliMeM eeemr.
e-. Tile 11111 mflie'9 «lam111e er i11;-, h, lsilill1, i-Pilll •111111, p11H.-1
ef ,esetetien, er"' an, eiher mew 11he•ae,er, te 111:e peNeft er
prape.., efen,eae ether than lhe M11aer, e•••• ill .ite alefew efihe
"" Iler, hie lamil, er pre,e..-.,, er a.., 1191 atler the et!Ht•al allel
ee111111a11tl ef a paliee aflieer in •he eettPee ef hie al-,.
&. 111 ihe ease ef 1111, wpa, ell female 11111, while llftili !leg ill ill ea,P'tlll
(in heat er in aeaaa~ aa.t 11a• eeewelJ ee11&11e.t UI Ille a11111er•1 , artl,
pe1111r 11,her e11el111llll'lt .
Paragraph A shall not apply to Pilot Park Programs authorized by Council
Resolution.
B ~-Dolls Not Under Beaso11able Control t111,,..Ytll'811m111 an, ehhe pre.illi11m ehma
Sed1e11 11 11111 ehtil he lieemeli 1111i 11111ier re1111111111hle ee11v11I when an, ehhe
felle .. ing ee111ii1i11M eee11P. It shall be unlawful for the peraon having the COB
custody and control of any do1r to not maintain that d91 under naaonable control
Notw1th1tanding any of the provi11ona of Section A a dog 1hall be deemed not under
reasonable control when any of the following conditiona occur:
The dov inflict8 damage or injury by bitirur jwppi91 unon pollutipf
n1retat1on or by any other meana whataoever to the penon or property cl
anyone other than the owner. except where the dog ac;tt in the dtftpp of the
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owner his family or pNperty: or except where the dog is under the control
and command of a police officer in the course of hls/her duty .
In the .case of any unspayed female dog while aajd dog is io estrus Cio heat
or io season} and not securely confined io the owner's yard. pen or other
enclosure .
Cats. It shall be unlawful for any owner of a cat to allow such cat to run at large in
the City and to become or create a nuisance. Notwithstanding any other provisions of
this Section. a cat shall be deemed to be a nuisance when any of the following
conditions occur:
1 . The cat inflicts damage or injury by biting, jumping upon, polluting of
vegetation or by any other means whai-ver, to the person or property of
anyone other than the owner.
2. In the case of any unapayed female cat. while said cat is in estrus (in heat or
in season) and not securely confined in the owner'• yard, pen or other
enclosure.
Pe,Nli.,. 1'm, ewaer er peraea lalllMI l'lil4', ef lialatiftc-, ef the prau iaiana af lm8
Seetlian ehell he plllliehetl • pre,itletl iB Seetiea 1 t l, Bns}euuaN Mllllieipal Getle
BeQ&.
7-lA-3: lmpounda.nt of Animaia; Notice. Diaposition.
Any dog or ca! or dogs or cat&. found running at larp and/or creating a public
nuisance, and any dog or cata fMfflSS to crya1 Sl1SWfP$ M pecified in Section 7 ·
IA-7 EMC, may be taken by the.• · al Qaaael 9fleer ~and impounded in the
shelter designated -~ the City. ft · al SMIier •• lhere ee fnell iB a h-w
maDBer far a perietl af ne• le• lhlll M (6) tla,a aM ma, tihe,eafter l,e tliepeeetl sf
1ft a h11111w ma11t1er if nee 1 · •• ta, '-ilr aw11••· 9ep er_.. net~
eleimeil h, tm.eir sia11era heMre Ute e.,irati81l afaill (C) aa,a! pp pr., n•
eloisned h, Y\eir o" nere before the enl'IW af P ff! pp I ma,n he me,aee«l ef ••
the diaertitell ef t he ~ltntimal Go11Wol 9&ieer, eJteepl • he•eillaAer pN ~clelli.
~-Dogs or cats not claimed by their owners before the e:mjration qf w l6} days may be
dis pose d of at the discretion of the City except as hereinafter prpyided
~ Dogs or ca ts found running at larp may be sJeimed by their owpers before they are
dispose d of by the City
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A dog or a cat subjected to cruel treatment as specified in Section 7-lA-7 EMC shall
not be released and shall be held by the City or at a designated shelter for a period
of not less than six <§l days. If the owner has not submitted a claim for the anjmal
to the Englewood Municipal Court within that six (§) day period the anjmal maybe
disposed of at the discretion of the City If a claim is made to the Municipal Court
for the dog or cat the animal shall be held by the City or by a shelter deaimated by
the City until the Municipal Court Judge enters an Order finding either·
A charge of cruelty to dop and cats under Section 7-lA-7 EMC can not be
proven beyond a reaaonable doubt
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The Judge finds that the care and maintenapf£ ipuea vpder Section 7-lA-7/B}
EMC have been aatiafac;torilv remedied Under no circwpttam:c• ahall thia
remedy provision apply to Paragraph A of Section 7-lA-7 EMC.
B ~ The Ammal: €enllrel 91ieer ~ may transfer title of any dog or cat held at the
Animal Shelter to the Society for the Prevention of Cruelty to Animals a~.er the legal
detention period has expired and such dog or.m has not been claimed by its owner.
GI:: When doge or cats are found running at large and their ownership is known to ~
Animal: €eMrel 91ieer City oel'IIODDl!l, 1uch dogs or cate need not be impounded, but
such ellieeP-peraonnel may cite the owners of 1uch dop or catl to appear in aNft
Court or the Violations Bureau to answer charge, of the violation of this Article.
I} g. Immediately upon impounding doge or cats, the Animal: €enllrel 98ieer ~ shall
make every possible, reasonable effort to notify t;he owners of such dogs or cats so
impounded and inform such owners of the conditions whereby they may regain
custody of such doge or cats.
Sectim; 3. The City Council of the City of Englewood, Colorado hereby amends Title 7,
Chapter lA, Section 5, of the Englewood Municipal Code 2000, to read as follows:
7-lA-6: Vaccination Required.
The owner of each dog or cat whjch js six (6) months of ase ~ shall cause aaid
dog or cat to be vaccinated against rabies with either annual or three (3} vev rabjea Hrum .
Such vaccination shall be repeated thereafter aa required by the Nrum. Doge or cats shall
be vaccinated by any veterinarian licensed to practice veterinary medicine. A certificate of
vaccination , in duplicate, shall be completed by the veterinarian, one copy to be i.Mued to the
dog or cat owner and one to be retained in the veterinarian'• filea.
Any dog or cat in the custody of~ an, peliee ,•elf, r• "ral €1111wel 9a.ir or
in the Cit, pe1111II shall be released to the owner of aaid dog or cat for a period of time not to
exceed five (5) days in order to obtain the vaccination of the doe or cat.
Section 4. The City Council of the City of En1lewood, Colorado hereby amenda Title 7,
Chapter lA . Section 7, of the Englewood Municipal Code 2000 , i.o read u followa :
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7-lA-7: Cruelty To Dogs And Cats.
~-It shall be unlawful to kill, maim, disfigure, torture, torment, neglect, beat with a stick,
burn or scald with any substance, or cause a dog or cat to endure unreasonable or
unjustifiable pain, suffering or injury.
Care a11d Mainte11ance It shall be unlawful for any person keeping or harboring any
dog or cat to fail or refuse to provide such dog or cat with proper food drink shade
and shelter Proper food, ~nk shade and shelter shall require that-
Each dog or cat shall receive an adequate daily supply of clean &esh food
suitable for the nurture of the species' phypjf:"I condition and ap auffieient to
maintain a healthy level of nutrition
Each dog or cat shall, at all times, have an adequate and acce•ihle supply of
clean &esh potable water and such water shall be provided either me-flowing
or in a clean, stable receptacle.
Each dog or cat housed outdooo shall have convenient acceu to appropriate
weather and temperature-resistant •helter throughout the year Any &helter
shall be structurally sound clean. adequately aized and w•jp$fip,4 in 1994
repair to protect the dog qr cat &om injury and from the tkepnta
~-The living area for the dog or cat shall have adequat.e dpjopp such that the
dog or cat shall be free to walk sit, stretch or lie down on a dry aurface.
g. If a dog or cat is housed outdooo in addition to a ahelter it shall be provided
with an enclosure to minimize riak of injury and to proyide auffidcnt spas, to
enable freedom of movement and uerciae
Section 5. The City Council of the City of Englewood, Colorado hereby amenda Title 7.
Chapter lA, Section 8·1 , of the Englewood Municipal Code 2000, to read as follows :
7-lA-8-1: Removal of Excrement; Damap to Shrubbery or Plaau.
~ It shall be unlawful for any peraon in poeaeNion of, harboriq, or in charge of any
dog to refuse or fail to remove forthwith, excrement depoeited by aaid doS upon a
common thoroughfare, 1treet, sidewalk, play area, parlr. or upon other public
property . or upon ~ private property when permjuion q{ tip 9PP!r or tepapt of
s81d pmperty has not been obtained
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~ It shall be unlawful for any person in possesaion of harboring or in charge of any
dog to refuse or fail to remove excrement deposited by said dog upon private property
when permission of the owner or tenant of said property has been obtained within
forty-eight (48) hours after being deposited, ""hen pePllliNien ef ~e e"" ner er ~nent
ef 1111ill. prepert, has ne, l,een el,Minell, and such is hereby deemed to be a public
nuisance and prohibited. Dog excrement shall not be placed in storm sewers but
shall be disposed of in a sanitary manner.
B ~-It shall be unlawful for any owner, poasessor or person who keeps any dog to permit
such dog, whether or not running at large, to destroy, damage or injure any
shrubbery, plants, flowers , gr888, lawn, fence or anything whatsoever upon any
public premises or upon any private premises owned or occupied by a person other
than the owner, poaseasor, or keeper of such dog, and the same is hereby declared to
be a public nuisance and prohibited.
Section 6. The City Council of the City of Englewood, Colorado hereby amends Title 7,
Chapter lA, Section 11, of the Englewood Municipal Code 2000, to read 88 follows:
7-lA-11: Destruction Hearin1.
A. Whenever the conduct of any dog or cat has resulted in two (2) convictions of offenses
proscribed in Section 7-lA-10 EMC ehhe i:aclew-a M ieipel Gelle within a
consecutive two (2) year period; or is respollllible for inflictins death or p-ievoua bodily
harm upon a human being, the City of Eqlewood may initiate a hearing in the
Englewood Municipal Court petitioning that court for an order of deatruction of that
dog or cat.
B. Notification will be given to the dog or cat owner, 88 the named reepondent, of the
hearing date, place, and time no later than fifteen (U) days prior to the hearing.
This notice will be accompanied with information on which the hearing is baaed.
C. Except as otherwise provided herein, the hearing will be conducted in accordance
with the provisions of Section 1-10-1 EMC. ef i:Btie'IIIIN Mllllieipel Gelle ef 1889,
notice and hearing procedures. The City of Englewood will have the burden of proving
the allegations by a preponderance of the evidence. The respondent is-.intitled to be
represented by counsel at respondent's expense and haa the right to Cl'OIIII examine
any witness called by the City, the right to present witnesses and evidence, and to
testify or not.
D. The Municipal Court will determine at the hearing whether the doc or cat, because of
its vicious propensities, presents clear or present danger to the eafety of the citizens
of Englewood. When the dog or cat has been the subject to two (2) convictions of
attack not resulting in grievous bodily harm, or property damace of five hundred
dollars ($500.00) or more within a two· (2) year period, or it is reaponaible for
inflicting death or grievous bodily harm upon a human beinc, there 1a a presumption
the dog or cat has vicious tendencies and presents a clear and present dancer to the
safety of the citizens of Englewood. Thia presumption can only be rebutted by clear
and convincing evidence to the contrary . Upon the c;owt'• determination that the doc
or cat presents a clear or present danpr to the safety of Enpewood citizens, the
court will order the City to destroy the dog or cat forthwith.
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E . If the dog or cat is not confined by the City. in Mle Snrle" eea ,\fflraal ,helter. the
City may petition the Englewood Municipal Court for a forthwith order to confine the
animal pending the outcome of the destruction hearing, and the costs of said
confinement will be assessed by the Municipal Court at the termination of the
hearing.
Section 12 Safety Clauses The City Council hereby finds, determines, and declares
that this Ordinance is promulgated under the general police power of the City of Englewood,
that it is pro1J1ulgated for the health, safety, and welfare of the public, and that this
Ordinance is neceBSary for the preservation of health and safety and for the protection of
public convenience and welfare. The City Council further determinee that the Ordinance
bears a rational relation to the proper legislative object aought to be obtained.
Section 13 Seyerabiljty If any clause, sentence, paragraph, or part of this Ordinance or
the application thereof to any person or circumstances shall for any reason be ad.judged by a
court of competent jurisdiction invalid, such judgment shall not ai?ect, impair or invalidate
the remainder of this Ordinance or it application to other penona or circum8tances.
Section 14 Inconsjstent Ordjnansea All other Ordinances or portiona thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to
the extent of such inconsistency or conflict.
Section 15 Efl'es;t o( repeal or rnwlifiratjon The repeal or modification of any provision of
the Code of the City of Englewood by this Ordinance 11hall not releue, extinguiah, alter,
modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or
criminal, which shall have been incurred under 1uch provision. and each provieion ,hall be
treated and held as still remaining in force for the purpoee11 of 11uatainina any and all proper
actions, suits, proceedinp, and prosecutions for the enforcement of the penalty, forfeiture, or
liability, as well as for the purpoee of 1uataining any judgment, decree, or order which can or
may be rendered~ entered, or made in such actions, auita, proceedinp, or proaecutiona.
Section 16 EeuJ.ty. The Penalty Proviaion of Section 1-4-1 EMC shall apply to each and
every violation of this Ordinance.
Introduced, read in full, and paaaed on first reading on the 6th day of AUJU&t, 2001.
Published as a Bill for an Ordinance on the 10th day of AUJU&t, 2001.
A Public Hearing was held on September 4 , 2001.
Second reading was continued to October lli, 2001 .
Read, amended and paaaed ae amended on the 15th day of October, 2001.
Read. amended and paaaed u amended on the 5th day of November , 2001 .
Publis hed a s an amended Bill for an Ordinance on the 9th day of November, 2001.
Co ntmued on the 1goa day of November, 20C>l to January 7, 2002 .
Read by title a nd paaaed on final readins on the ith day of January , 2002.
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Published by title as Ordinance No .~ Series of 2002, on the 11th day of January,
2002.
Beverly J. Bradshaw, Mayor
A'M'EST:
Loucriahia A. Ellia, City Clerk
I, Loucriahia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that
the above and foreaoinc ia a true copy of the Ordinance pUNd on final reading and
publiahed by title a, Ordinance No. ~ Serie1 of 2002 .
9
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
January 7, 2002 11 Ci Off-leash Dog Pilot Program
Initiated By: Staff Source:
Department of Parks and Recreation Jerrell Black, Director of Parks and Recreation
Dave Lee Manaaer of Ooen So.ace
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council Bill number 36 was introduced by Council Member Yurchick as an ordinance amending
Title 7, Chapter 1 A, of the Englewood Municipal Code 2000, pertaining to dogs and cats.
RECOMMENDED ACTION
Staff recommends that Council adopt a resolution for an off-leash pilot program for dogs for up to
one year in length, subject to review and amendment at any given time during that year.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Englewood Code Enforcement Advisory Committee has reviewed the current dog-at-large
provisions of the Englewood Municipal Code and has determined that control by voice command
has proven inadequate to maintain control of dogs away from home. The committee
recommended that all dogs be on a leash when away from the dog owner's property.
The Englewood Code Enforcement Advisory Committee and the Englewood Parks and Recreation
Commission held a joint meeting and determined that specific parks in Englewood would be
designated as off-leash areas for dogs ·in a pilot program that will run for a period of one year. The
off-leash parks •,vill be: Northwest Greenbelt, Centennial, Duncan, Bates-Logan and Jason Parks. All
other parks will require dogs to be on a leash at all times.
FINANCIAL IMPACT
There is a minimal impact for revising existing park rules signs and for producing new signs for the
off-leash parks . Staff estimates these costs to be less than $1000.
LIST OF ATTACHMENTS
Proposed Resolution
lt.ESOLUTION NO. i
SERIES OF 2002
A BBSOLUTION ISTABL18111NO A PILOT PARK PBOORAM IN TD CITY OF
ENGLEWOOD, COLORADO FOR OFF-LEASH DOGS.
•
WHEREAS, Ens)ewood Council Bill No. 36, Serino( 2001. pertaininc to clop and cate,
amended Title 7, Chapter 1A o( the Eqlewood Municipal Code; and
WHEREAS, Section 7 -lA-2(8) o( that ~ providee an ellCIJ)tion t'or pilot park
Pl'Oll'ame authoriled by Council RNolutioa; and
WHEREAS, the En1lewood Code Enforcement~ CommittN and the En,lewood
Parka and Recreation CommiNMIII held a jaint lPNtiDc to dilcw altmaatiwl Im aucb a
pilot PJ'011"8111 and determined that epeci6c pub iD BnsJewood woald be dtaipat.acl u off.
leash areaa for clop; and
WHEREAS, the pilot prosram will be reviewed in one ,ear but may be modified 100Der if
neceseary; and
WHEREAS, the En1lewood Parka and Recreation Commiaion and the Enslewood Code
Enforcement Adviaory Committee held a joint meetiq on December&, 2001 and recommended
approval of the Off-Leash Do1 Pilot Pros,am;
NOW, THEREFORE, BE IT RESOLVED BY ?HE CITY COUNCIL OF TD CITY OF
ENGLEWOOD, COLORADO, THAT:
Section J. The City Council olthe City alEqlewood. Colando benby amhariw the
establishment of a pilot park prosram eet forth the iD the motion auacbad heNto u
"Exhibit l."
ADOPTED AND APPROVED thia 7th o( Januar,, 2002.
ATTEST:
Loucntlua A. Elba. Cat Clerk
I , Louc-nebaa A EU. Caty C!.rk for tlle City al~ CoAondo.. baeby cntlfy the
aa tnae copY a..oa-' -,_ al JOO!
l wcn be A. lllil
a
MEMORANDUM
TO:
FR.OM:
DATE:
City Council
Gary Sears, City Manager
Debby Severa, Recordiq Secretary
Parks and Recreation Commission
December l 0, 200 l
L':C 1 ~ 2001
RE: Recommendation regarding Off-Leash Dog Pilot l'J'Oll'lm
On Decembers•, a joint meeting wu ~eld with the Parts and Recreation Commission and the
Code Enforcement Advisory Committee to discuss an off-leub dog piloc program. After
considerable discussion. a motion was made by Commission Member Anmlrong and seconded
by Commission Member Waldman that dogs be requued to be on leub in all Eqlewood parks
with the exception of Northwest Greenbelt, Centennial, Duncan, Bala/Lopn and Juon.
excluding designated areas u determined by the Depanment of Parks and Recreldon (ie:
playgrounds, ballfields and shelters). At all times, any dog off-leab iD die aforementioud parks
must be under voice command. die owner be carryiq a leub 111d ldbering to die City of
Englewood Code penaining to cleaning-up after their animal. The motion pme.d 111111WDOUSly.
du
H:\Parks & Rec Comm 200 l \Recommendations\jollltmtgreCOmm.doc
cc: Jerrell Black. Director of Parks and Recreation
Dave lee, Manager of Open Space
Dave Lynn. Code Enfo~ent Field Supervisor
Parks and Recreation Commission
Code Enforcement Advisory Committee
/ Lance Smith
01/16/2002 04:32 PM
To: Lou Elllt,IClty of EnglewooclOCOE
cc:
Subject : Clayton Elementary· Safety Vlolatlons
•••••••••••••••••••••• Forwarded by Lance Smith/City of Englewood on 01/16/2002 04:33 PM
/ Lance Smith
01/07/2002 03:57 PM
To : #City Manager's Office, #City Attorney
cc:
Subject : Clayton Elementary • Safety Violations
The City of Englewood, Bulldlng Division, does not have the jurisdiction to take any action
regarding the complaints from the "Mothers of Clayton•. For bulldlng code Issues the
complainants would need to contact Wayne Hom with the Department of Labor • Public
Safety Section at (303) 572-2919. In regards to maintenance Issues for this faclllty contact
Gary Richardson, Supervisor of Operations, Maintenance and Transportation at (303)
806-2089.
MEMORANDUM
TO:
FROM:
DATE:
SUBIECT:
Mayor Beverly J. Bradshaw
Sue Carlton Bradshaw, Executive Astsi5tan~
January 7, 2002
National League of Cities Conference
The National League of Cities Conference will be held in Washington, D. C. from
March 8 through 12, 2002. Usted below are anticipated expenses while attending
the conference .
Registration
Lodging
Meals
Airfare
Shuttle/I" axi
Total
$375.00
446.00
138.00
451.00
,ZOJKl
$1480.00
If you need additional information, please let me know.
Thanks.
. .(_,
SERIES OF 2002
A RBSOLt.mON SPECIFYING-Ml!t'MO'IRIR AGENCIBS FOR 2001 BT'l'llll~F
ENGLEWOOD, COLORADO.
WHEREAS, the City Council of the City of Englewood, Colorado diacueaed the
appropriations to other agencies for the year 2002 on December 10, 2001;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
$ection 1. The following deaignationa are hereby made to the appropriationa in the
2002 Budget of the City of Englewood, Colorado for aid to other agencies;
SOURCE OF FUNDS·
Total 2002 Budget for Aid to other Agencies
DESIGNATIONS FOR USE:
Metropolitan Mayors and
Commiaaionera Youth Award
Court House Inc.
Doctor', Care
EHS After Prom
E111Iewood Southaidera
Special Olympic:a Procram
Gateway Battered Women's Shelter
Inter-Faith Taak Force
Meals On Wheela
Up Cloee and Muaical
Arapahoe Philharmonic
Englewood Cultural Arte Center Aaaoc,
Discretionary
Total
$32,000.00
$ 500.00
$ 2,000.00
I 750.00
I 500.00
I 500.00
I 1,000.00
$17,500.00
I 4,000.00
I 2,250.00
I 500.00
$ 500.00 . s 200000
$32,000.00
ADOPTED AND APPROVED this 7th of January, 2002.
Bewr)y J . Bradahaw , Mayor
ATTEST :
Loucriahia A. Ellis, City Clerk
I, Loucriahia A. Ellil, City Clerk for the City of Eqlewood, Colorado, hereby certify the
above is a true copy of Reeolution No ._ Seriee of 2002.
Loucriabia A. Ellia
MEMORANDUM
TO:
FROM:
DATE:
SUBIECT:
Council Member Olga Wolosyn
Sue Bradshaw, Executive~
January 7, 2002
NLC Conference
The National League of Cities Conference will be held in Washington, D. C. from
March 8 through 12, 2002. Usted below me anticipated expenses while attending
the conference.
Registration
Lodging
Meals
Airfare
Shuttle/faxi
Total
$525.00
1,115.00
278.00
451.00
8QJX2
~..w
If you need additional infonnation, please let me know.
Thanks .
• •
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUN
MONDAY, JANUARY 7, 2002
7:30 P.M.
Englewood Civic Center -Council Chamb rs
1000 Englewood Parkway
Englewood, CO 80110
th; ~ J:/.A_/
Call to order. r / v[/ /
fff'~ -M 2.~o:m ""-"..__,""' City Couod M-R of Ooc,rnbe, 17, 200~
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7.
8 .
9.
presentation to ten minutes.)
a. Fire Division Chief Kiem Lockwood will be present to address City Council to
acknowledge the efforts of Fire Division personnel .
Please noll': If you'-• il.....,.., ..,__, ..... ......,,.._.._._a, elE .... •NII
(303-762-2405) ...... 48 ........ __ ., .......... _ MNN. n.-,-.
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Englewood City Council Agenda
January 7, :!002
Page 2
10.
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IV C; IY..P-..
Council Bill No. 1 -Jecommendation from the Utilities Department to adopt a
b.
bill for an ordinance approving amendments to Title 12 of the Englewood
Municipal Code pertaining to water and sewer facilities. STAFF SOURCE:
Stewart H. Fonda, Director of Utilities.
ii. Council 81ft No . 2 -llecornmendation from the Utilities Department to adopt a
bill for an ordinance approving amendments to Tide 12-2-4 of the Englewood
Municipal Code pertaining to Private Sewers, Connections and Repairs . STAFF
SOURCE: Stewart H. Fonda, Director of Utilties.
Approval of Ordinances on Second Reading.
i.
ii .
Council Bill No. 83, authorizing an Intergovernmental Agreement with Urban
Drainage and Flood Control for City Ditch repair of the Litde Dry Creek siphon.
Council Bill No. 84, authorizing an Encroachment Agreement for 3384 South
Broadway.
c. Resolutions and Motions.
i.
ii .
iii .
Recommendation from the Department of Finance and Administrative Services,
City Clerk's Office, to adopt a resolution designating the Bulletin Board on the
north side of the second floor of the Englewood Civic Center as the Official
Posting Place for all Legal Notices. STAFF SOURaS: fraM Ga,slewia,
Director of finance and Amlialistsaliw Services and loucrilhia Ella, City
Clerti.
Recommendation from the Department of Finance and Administrative Services
to adopt a resolution approving amendments to the City of Englewood's Police
Officers Money Purchase Plan Document STAFF souaa: Franl Ga,ale•ia.
Director of Finance and Admiaaiiibaliw Semces.
Recommendation from the Human Resources Department to adopt a resolution
approv ing the Englewood Police Benefit Association Contract for 2002-2003.
STAFF SOURCE: Sue Eaton. DirKtor of Huma lfloul'nl.
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~glewood City Council Agenda
January 7, 2002
Page 3
b. Approval of Ordinances on Second Reading.
07.J./I-3 j
I
i~ Council Bill No. 36, amending
/LlfB(JW-V pertaining to dogs and cats.
v:'r { c. Resolutions and Motions.
j_ i. Recommendation from the Department of Parks and Recreation to adopt a
I-resolution authorizing an off-leash pilot program for dogs. STAFF SOURCE:
fl~ 1 ~Jenell Blade, Di'!i!!'i'! .P~rks a~d Recreation and Dave Lee, Manager of
7
,.,.,r,vOpenSpace. vr~
12 Geae,SOOC"n;oo _,,d ~~!__., ti J~~r;;:;:;-i
a. Mayor's Choice. ~rr·f/lJ lf;VCY·-~tf ~0~
b. Council Members'Choice. ~ ~
~ ~ i. A resolution specifying Aid to Other Agencies for 2002 . ,;(L(J.JY},,()t dH>J,,,-v
13 . ·ci lAan-ager's Report. t~_, ~ .JJlll1.ul. tl-
, ~IJL.e-14. City Attorney's Report.
Adjournment."if;~~
1
The following minutes were transmitted to City Council between December 14, 2001 and
January 3, 2002:
Alliance for Commerce in Englewood meeting of October 17, 2001
Alliance for Commerce in Englewood meeting of November 8, 2001
Englewood Code Enforcement Advisory Committee meeting of November 21, 2001