HomeMy WebLinkAbout2002-08-19 (Regular) Meeting Agenda PacketOrd.
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Regular City Council Meeting
August 19, 2002
# 'I/ 40, 41, 42, 43, "'r-!6,fa1./ r 84.
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Replar Seale•
Auplt 19, 2802
I. Call to Order
The regular meeting of the Englewood City Council was called to order by Mayor Bradshaw at 7:3S p.m.
2. Iavocatloa
The invocation wu given by Couotil Member Yun:bick.
3. PledpofAlleal•DCe
The Pledge of Allegiance was led by Mayor Bradshaw.
4 . RoUCall
Present:
Absent:
A quorum was present.
Allopresent:
S. Minutes
I
Council Members Moore, Omctt, Wolosyn, Yun:hick, Bndlbaw
Council Members Nabbolz, Gnzu1is
City Manapr Sears
City Auomey Brotzman
City Clerk Ellis
Director Gryglewicz, Finance and Aclministnlive Services
Director Eaton, H-llaounlea
Director Kabm, Capital Pn,jec:tl
Director Black, Pub and Rec:rcation
Director R.ou, Public Worb
Director Olaon, Safety Services
(a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCU. M ... ETING OF AUGUST 5.
2002.
Ayes :
Nays :
Absent:
Motion carried .
6 . Scbeduled Vlsiton
There were no scheduled visiton.
7 . Umc:beduled Vltiton
Council Memben Moore, Garrett, Wol<11yn, Yun:bick, Bndlbaw
None
Council Members Nabbolz, Grazulis
There were no unscheduled visilOl'S .
Eapewood City Couadl
Aup1t 19, 2002
Pa1e2
8. Commuakadom, Proclamadou aad Appolatmeau
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEMS 8 (a), (b), (c) aad (d).
(a) A proclamation declaring September u National Alcohol and Drug Addiction Recovery
Month.
(b) RESOLUTION NO . 79, SERIES OF 2002
A RESOLUTION APPOINTING JASON FISH AS A YOUTH MEMBER TO TIIE PUBLIC LmRARY
BOARD FOR THE CITY OF ENGLEWOOD, COLORADO .
(c) RESOLUTION NO. 80, SERIES OF 2002
A RESOLUTION REAPPOINTING KENDRA GRAZULIS AS A YOUTH MEMBER OF TIIE PARKS
AND RECREATION COMMISSION FOR TIIE CITY OF ENGLEWOOD, COLORADO.
(d) RESOLUTION NO. 81, SERIES OF 2002
I
A RESOLUTION APPOINTING CHRISTOPHER JONES AS A YOUTII MEMBER TO TI1E PARKS
AND RECREATION COMMISSION FOR TIIE CITY OF ENGLEWOOD, COLORADO.
Vote results:
Motion carried.
Ayes:
Nays:
Absent:
Council Mcmben M-.-Gmeu. Wobyn. Yurcbick, Bradlbaw
None
Council Members Nabbalz, Grazu1ia
Mayor Bradshaw presented the resolution and a City pin to Juoo Filla. Sbe coagratu1aled Mv. Fish and
noted that it is nice to sec that his family coatinues to be involved . There was a round of applallle. She
thanked them for coming .
9 . Public Hearin&
No public hearing wu scheduled before Council.
10. Consent Aceada
COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS lO(a) (I), (U), 11 (c) (I), (U) AND (Ill).
(a) Approval of Ordinances on Fint Reading
(i) COUNCIL BILL NO . 40, INTilODUCED BY COUNCIL MEMBER
GARRETT
A BILL FOR AN ORDINANCE APPROVING "AMENDMENT NO . TWO TO CITY OF ENGLEWOOD
POLICE OFFICERS PENSION PLAN (AS AMENDED AND REST A TED EFFECTIVE JANUARY I,
1999.)"
(ii) CO CIL BILL NO . 41, INTRODUCED BY COUNCIL MEMBER
GARRETT
Enpewood City Council
Au1u1t 19, 2002
Pqe3
A BILL FOR AN ORDINANCE APPROVING "AMENDMENT NO. 1WO TO CITY OF ENGLEWOOD
FIREFIGHTERS PENSION PLAN (AS AMENDED AND RESTATED EFFECTIVE JANUARY 1,
1999.)"
(b) Approval of Ordinances on Second Reading
There wm: no additional items submitted for approval on second reading. (See Agenda Item 11 -Regular
Agenda.)
{c) Resolutions and Motions
(i) RESOLUTION NO. 82, SERIES OF 2002
A RESOLUTION AUTHORIZING AN AMENDMENT TO THE COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE ENGLEWOOD EMPLOYEES ASSOCIATION AND THE CITY OF
ENGLEWOOD FOR THE PERIOD OF JANUARY l, 2003 TIIROUGH DECEMBER 31, 2003 .
{ii) RESOLUTION NO. 83, SERIES OF 2002
{
A RESOLUTION APPROVING COMPENSATION PLANS FOR MANAGERIAL, SUPERVISORY,
CONFIDENTIAL AND PART-TIME BENEFITS-ELIGIBLE EMPLOYEES OF THE CITY OF
ENGLEWOOD FOR THE YEAR 2003.
(iii) PROFESSIONAL SERVICES COKl'ltACT WI11f L YNAN DAVIDSON
DOOLEY, INC., IN AN AMOUNTNOTTOEXCBEDS397,780.00FORARCHITECTURAL DESIGN
OF THE AQUATIC PARK.
Vote results:
Ayes:
Nays:
Absent:
Motion carried.
11 . Realllar Apllda
Council Memben Moore, Gama, Woloayn, Yun:bick, Bndlbaw
Nmm
Council Medlen Nalihols, Ormtlil
(a) Approval of Ordinances on First Readina
There were no additional items submitted for approval on finl readina, (See Apnda 11ml 10-C--
Agcnda.)
(b) Approval of Ordinances on Second Readina
(i) Council Bill No . 30, an ffllnlCDCY ordinance autborizina and appn,vms lbc
lease-purchase of coq,uter hardware and openlina softwaff, .._micelioa ~ ad police
laptop C~ WU considemi.
COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SICONHD, TO APPROVE AGl:NDA
ITEM 11 (b) (I) -ORDINANCE NO. 31, SIRIIS Of H02.
ORDINANCE NO . 38, SERIES Of 2002 (COUNCIL BILL NO . 30, INTllODUCE> BY COlJNC1L
MEMBER WOLOSYN)
En&1ewood City Council
Auaust I 9, 1002
Paae4
AN ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO At.rlHORIZING AND
APPROVING THE LEASE-PURCHASE OF COMPUTER HARDWARE AND OPERA TING
SOITW ARE FOR TIIE CITY PROVIDING DETAILS IN CONNECTION WITH THE LEASE-
PURCHASE OF TIIE SAME , AND DECLARING AN EMERGENCY .
Vote results:
Motion carried.
Ayes:
Nays:
Absent:
Council Memben Moore, Garntt, Woloayn. Yurchick, Bradshaw
None
Council Members Nabbolz, Gnzulis
(ii) COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO
APPROVE AGENDA ITEM 11 (b) (II).
COUNCIL BILL NO . 36, INTRODUCED BY COUNCIL MEMBER MOORE
AN ORDINANCE AMENDING TITLE 11, CHAPTER I, OF THE ENGLEWOOD MUNICIPAL CODE
2000 PERTAINING TO TRAFFIC AND PARKING ENFORCEMENT .
Director Ross explained that Council Bill No . 36, amends Title 11, Cbapler I of the Englewood Municipal
Code to allow parking privileges, for persons with disabilities, or/ specific days and during cenain boon.
Mayor Bradshaw asked if there wu any diJcUBSion.
Council Member Garrett noCed that; due to cimmatanl:el that are~ unuaw, two of the Council
members who voted for thia ontialce me DOI here this evemlll· I will tlml be YOtiD& in the affinmtive
tonight, be said, even dlougb I voted 111 the neptiw the fint lime. Becaule, be said, it wu pueed four to
three and it bu been consistent, since I have been on Comcil, that tbe votes genenlly bold throup the
process and I would bate to see Council Member Mooce have to pull thia and~ it to aKJlber
mr-eting.
Council Member Y urchick said be bad a question for Director Roa. He noCed lbal tbey bad talked a little
bit about the handicapped verma permit puking. He asked which works -ier for Public Worb.
Director Ross stated that the permit parking would probably wort easier. Al I have indicated on a couple
of occasions, he said, we get into real turf wan, where people pro1at to have handicapped puking
designated, so once this ordinance gets puled it will 1111b it • lot tougher to uy no.
Council Member Yurchick asked iftbe permit parking would have to come to Council for approval or if
Director Ross would have discretion over where you put up permit parking?
Director Ross said I don 't believe we have to go to City Council for approval. We jlllt put up permit
parking in the Cushing Park neigbborbood and just gave Council m indication that tbey deaired it, there
was a petition, enough people wanted it, so we just went ahead and installed the permit puking.
Council Member Yurchick said I WUlt to go on record that I still want to 11ay with my no vote, but the
reason isn"t because I don't believe we lbould be belpiaa the cbun:b with their needs, it ii bee.-I am ltill
opposed to adding laws when we have exilting laws on the boob that we cm utiliae to 10lve the problem.
Mayor Bradshaw thanked Director Ross .
Mayor Bradshaw called for the ,-ote .
Vote results:
I Enalewood City Council
Aupst 19, 2002
Paae5
Ayes : Council Memben Moore, Gurett, Bradshaw
Nays : Council Memben Woloayn. Yurchick
Absent : Council Memben Nabbolz, Grazulia
The motion did not pass. City Attorney Brotzman advised Council that the City Charter states that "every
ordinance shall require the affirmative vote of the majority of the membenhip of the entire Council for
final passage." Mayor Bradshaw thanked Mr. BrolZmaD for that clarification.
Council Member Yurchick advised that he spoke to Bryan DesMarteau afterwards and be is comfortable
with the pennit parking.
Mayor Bradshaw uked ifCOUDCil wanted to direct staff to go ahead and work with the church OD permits.
Council Member Yurchick said they just want pukina, be said they would probably be hippier with the
permit thing but they bad already cotrmitted to going for the handicapped parking. But the permit parking
gives them a little more control.
Council Member Moore said that is fine . He suggested Council direct staft'to work OD the pcm, 1
approach.
Mayor Bradshaw asked Director Ross to work with the church ~ the permits.
(iii) Director Gryglewicz stated this is the second readina of the ordinance
authorizing. by emergency ordinance, the issuance of Geoenl Obliption Bondi Series 2002, for
construction of the Aquatics Park Project which wu diacuued -lier Dlipt. I did..-out to COUDCil the
pricing book for the bonds, be said, which wu provided by Georae K. Baum. We receiwcl excellent rates
and we are looking forward to moving on this project.
Mayor Bradshaw asked if these rates are lower than the ones for the previous ilauc. Director Oryaiewicz
said ya. I believe there is a coq,arison in there, he said, and you will see that we goc better rates OD the
second go around.
City Manager Sean said be undentood that the COll1)0lite ralle, which is the key ralle, is -wbcre ll'Olllld
4 Yi %. ffe uked if that is the coq,oaite rate . Director Gryg)ewicz explained that be bad jlllt receiwcl the
information and he would try to quickly find that
City Manager Sean advised that the average coupon was 4.26% and the tnae COit wu 4.37%.
Mayor Bradshaw said that sounds better.
Director Gryglewicz stated it is a good time to borrow. We went inlo the marbt prior to any lllllllic:ipal
deals that may be approved in upcoming namicipal elcctiona, with excellent reaults. So, be said, we are
scheduled to close on the 2s• of this month.
Mayor Bradshaw ask ed i f Co uncil had any questions for Director Gryalcwicz . There were none .
COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED, TO APPllOVS AGINDA
ITEM 11 (b) (W) -ORDINANCE NO . 39, SERIES OF 2112.
ORDINANCE NO . 39 , SERIES OF 2002 (COUNCIL BILL NO . 39 , INTRODUCED BY COUNCIL
MEMBER WOLOSYN)
AN ORDINANCE AlfTHORJZINO THE ISSUANCE BY THE CITY OF ENGLEWOOD OF ITS
GEN ERAL OBLIGATION BONDS, SERIES 2002 , FOR 11IE PURPOSES APPROVED AT THE
I Enpwood City Coundl
Aupat 19, 2002
Pa1e6
CITY'S ELECTION ON NOVEMBER 6, 2001, A."1111> AUTHORIZING THE LEVY OF PROPERTY
TAXES TO PAY SUCH BONDS; PROVIDING THE FORM OF TIIE BONDS AND OTHER DETAILS
IN CONNECTION THEREWITH; APPROVING DOCUMENTS RELATING TO THE BONDS; AND
DECLARING AN EMERGENCY.
Mayor Bradshaw asked if there were any questions. There were none .
Voterenlu:
Ayes:
Nays:
Absent:
Motion carried.
Council Memben Moon:, Ganett, Wolosyn, Yurcbick, Bradabaw
None
Council Members Nabbolz, Grazulis
(c) Resolutions and Motions
There were no additional resolutions or motions submitted for approval. (See Aaenda Item 10 • Consent
Agenda.)
12 . General Dilcllllion
(a) Mayor's Choice
(
( i) Mayor Bradshaw said in our packet we received a Liberty Day proc:lanation for
Man:h 16, 2003 . She asked iflbat -okay with Council. Okay, lhe uid, -will p, ahead with that one.
(ii) Mayor Bndlhaw 8*d there ii a GOCO celebntioa this Friday in EYCrpeCD
and I can't be there. She asked if anyone would like to go. ,,
Director Black said he would be happy to attend.
Mayor Bradshaw explained that it's the "Stale Board of the Greater Outdoors Colorado Trust Fund I"'
Anniversary Celebntion." I just thought -should have -there. lhe aid.
Mayor Bradshaw gave the invitation to Director Black and offeml her thaab.
(iii) Mayor Bradabaw adviled lbat the Olde Tyme Fair will be held tbil Salunlay and
Sunday at Denny Miller Field and CityCenler.
(iv) Mayor Bradshaw said I have talked to staffbriefly and I would lib IO set some
of Council 's ideas on some type ofa ceremony ... oot a hup ceremony ... for Sep1td,e, 11• atCityCcmcr.
I don 't know what Council 's feelings lff about lbat, she uid, but, maybe, at a quaner to five have the
e~loyees. if they want to , come out to that and have a brief ceremony, IIOlbins base .
Director Olson said we are already planning a significant event for lbat day.
Mayor Bradshaw said that is with the Neighborhood Watch. Director Olloa said DO,~ w.ia
is totally separate.
Mayor Bradshaw asked what we lff goina to be doin&.
Director Ollon advised that we IR JOUII IO be doma ~ that will be in line with wllat the
International Fire Chiefs lff propo1ina. It will be ocaarins in the IIIIIIDina at the -time, our time,
when the twin towers collapsed, which is lpplOllinalely 10:00 a.m. So --~ IOllletbins that will
• t
I Eqlewood City Colllldl
Aqut 19, 2002
Pace7
be, relatively significant. Whether it will be held at our facility, which is m:ommmded, or out here on the
plaza, we don't know. But Council will be made aware of it and, obviously, we would like u-ypeople
as possible to participate. We will be puttina that together, be said.
Mayor Bradshaw said I just thought that we all probably need to put our ideu IOgetber and come up with
one.
In response to Mayor Bradshaw, Director Olson advised that this i1 a propclMI ofdle lntematioaal Fire
Chiefs and it is a nationwide m:ommendation. It will, of course, be tied in with law enfon:emmt and all of
Safety Services. We bad planned on this and we bad not really coordinated with anyone else, be said, just
internally. The Neighborbood Watch event is jUlt a aepante event that wu coincidelllal.
Mayor Bradshaw adviled that Neipborbood WIICb will be boldin& a candlelipt viail that nipt at the
Malley Center at 8:45 p.m. lfwe couJd coordinate 111d publicize that, she said, I think that would really be
helpful.
Mayor Bradshaw asked if Council had any queatiom or C01111De11b. There were aoae.
(v) Mayor Bradshaw said &oodjob Buildina Departiaenl, that smvey looked &ood-
City Manager Sears advised be would pus the comment on to them.
( vi) Mayor Bradshaw commented that with school atartiDa this week it broupt her
back to that hom'ble thing that happened in May. Uafonm.tely, 'die driver of that car wu oae ofmy
former students and be talked to me about it and be ubd ifwe could bave a David's Law or .-tbiDg
like that. I said I don't think so, 111111 willl we cauld bave -type ofnatice. Puenll aeed to be
reminded that picking up cbildrm liam ICbool CID l,e,ac;, ,a.,liabDd bJ 11111 beina DI die fioal of the
building. That die cbild CID meet the ...--w11me elle wlllllt bave die cbild nm acrou the street I
don't know bow we CID do that. But if you need a letter to ao out ID all the Prillcipm under my lipature,
we CID certainly do that, sbc said, but my conccm, and beiDa napomive ID David, -that that wu a
horrible accident that really didn't bave to happen. Kida clart acrma .....
Director Rosa stated that this is somethin& that Cbril Olson's poup, u well u -poup, baa lllllupl up ID
the School Safety Conunittee. Thia accident really does drive that meau,e. I know, be said, that Ladd
V ostry met with the Principals immediately after that accidcat ID"--wllll lbould be done. 11iiae WU
discussion and resolve that we were aoin& to drive that meuaae home. A letter, be said, from City
Council, that Chris Olson 111d I could present at the next School Safety Committee meeting mipl be a
good thing .
Director Olson advised that the next meeting would be held, IIIOll likely, in September.
Mayor Bradshaw said we will get something out this week.
City Manager Sean advised that be felt it would be best if the letter came from die Mayor and City Council
to the School Board 111d then copy it to the School Safety Committee.
M . vor Bradshaw said I know that if I were a parent 1 would be pickias up my kid 1Do and I would probably
ma • miltakea. But pfflllpl they cou)d daipate I place ID meet -die playpiand, where it is lllll lO
congested. There are a lot of different -YI parents can do that.
(vii) Mayor Bradshaw said we also received a memo from Leiah Ami Hoflhinea
about a photo ICSIIOII. They wanl our pictures apin.
Council determined that thty could bold the photo 1e11ion on September I~.
I ED&iewood City Council
Allplt 19, 2001
Pa1el
COUDCil Mermer Yurcbick ukcd if they could get a reminder in their Council packets. Mayor Bradshaw
said yes . City Manager Sean said they clefinitiely will.
(viii) Mayor Bradlbaw said in the ETAC lllinula they uid diat Mr. Cbrisbe wanted
to know when the bib trail connection to the South Platte Trail would be con.,leled. She adviled diat it
will be c~leted by October and the bridge ii a two-put bridp. They will just bring it in with two cnnet
and once it fits together they will lock it into place, so that will be pretty cool. Anyway, she said, that will
be by October.
(ix) Mayor Bradshaw announced diat Council would be bolding an Executive
Session, at the conclusion of the Regular Council Meetin&, to dilcuu land aeac,tiations. Thia is 1
continuation of the one we had last week. City Attomey Broezman and City Manager Sean advised diat
thiJ is a new topic.
City Attorney BrolZIIIU said thiJ is a new real estate topic and the Executive Seuion will be beld ...-nt
to CRS 24-6-402-4(1).
(b) Council Memben' Choice
(
(i) Council Mermer Garrett said he received• ca11 rr-a perwn w11o wisba to
remain anonymous at this poinL He is DOI happy with the 111p liluation. He is in a situation MR he
doesn't really have a aide or backyard, but every once in a while be bu one vehicle diat be would like to
have the opportunity to work oa. He jllll wanted me to briDa dlil IO Council'• aaention. I told him that his
concerm are valid and -have a forum for that, diat Code J!nforcement is aoina to be 1ookins at it and he
should attend one of their meetinp • they haw a pul,lic lellion. I don't bow ifbe will do that, Mr.
Garrett said, but he uked that I pus UIIII Ilia concern. ,,
(ii) CouJl!:il Mermer Wololyn advised diat the Parade Committee met for the
second time last week and it wu actually I very good meetina, We cllOle a theme and IOrt of ataned
honing in on our idea for the Grand Manhal, she said. I wu pleued beca.-everybody participaled and
you couldn't uk for more.
Mayor Bradshaw asked ifit is 11ood committee. Ma. Woloiyn said it ac:tually is. Everybody is a little
tentative, but it has picked up speed.
, (iii) COUDCil Member Yurchick :
I . He said he wanted to thank the Buildin& Department for their survey. I tbouabt it wu I nice
summary. I don 't know ifit needs to come to Council, he said. When I oriplally uked for that formula to
be changed that wa s meant to be an internal tool for them, DOI I Council tool.
Mayor Bradshaw said I think it would be nice for us to see it periodically. Council Member Yurchick said
that is fine .
2. He advised diat he woa 't be able IO attend the Code ~ meetma thiJ week and I'm not
sure if Julie Grazulis will be there. We mi&ht need -to anead in our place, he said.
In response to Mayor Bradshaw, Council Mermer Yurchick advised tbal the Code~ IIINtina
will be held Wednesday nipt at 6 :30 p.m.
Mayor Bradshaw said she bu an Open Space meetiDa tbal nipl.
Eaalewoed City Condi
Allpltl9,20l2 .....
Council Meniler Wol01yn uid I believe Ma. Gruulil will be back, but I am not sme.
Mayor Bradlbaw uked if anyoae else would be able to attmd the Code Eaforcemnl meetilla·
Council Meniler Garrett 8'id be WU meetiJla with a COllltitueal dial nipt.
The meeting lime WU dilcuued.
•••••
Mayor Bradtbaw advilecl that lbe and Council Member Moen would be aaendiDa a Natioaal Nipt e¥enl
tomorrow nipa at the Meridian.
13. City .......... ~
(a) City Ma.pr Semi laid I jult wamed to let Coanci1 bow tlat at the -t NNioe Oil the
9"' of Sepia.idler we will be briDpla -pre1imiwy badpl illua Ill Coancil, IO you are aware of the
ilaua prior IO the wmina -.ion Ider dial 11111111h.
(b) City Ma.pr Semi adviae4 tlat be wu pea"' oppailUllity to leach a clw at the
University of Colorado Ibis Novedler IDd December over the Wllllndl. I accepted the oppc1111mily, he
said, and for three wcekeada I'll be ~yed. in put, wida the Uaiwnity ofColando Political ScieDce
Department teaching a c:lau.
14. City AtteneJ'• ~ . ;
City Attomey Broczmu did not llPe aay.Jllltlm to .......... eo-:il.
IS . AdjtNll'll-.t
MAYOR BRADSHAW MOVED TO AD.IOURN . Tbe-tiitc ldjcllnedat 7:51 p.m.
I
1.
2.
3.
AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, AUGUST 19, 2002
7:30 PM.
Englewood Civic Center • Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
Call to order. fJ:.3'5p M...,/
Invocation
Pledgeof 81 ~
5. Minutes.
Minutes from the Regular City Council Meeting of August 5, 2002. /J)~
6. Scheduled Visitors. (Please limit your presentation to ten minutes.)
fr'
7. Unscheduled Visitors. (Please limit your presentation to five minutes.)
fr
8 . r. ommunications, Proclamations, and Appointments.
fr'~ -O (lj~~X~r ! ~~t~aTtc'iol and Drug Addiction
Recovery Month.
A resolution appointing Jason Fish as a Youth Member to the Englewood Public Library
Board .
A resolution reappointing Kendra Grazulis as a Youth Member of the Englewood Parb
and Recreation Commission.
A resolution appointing Christopher Jones as a Youth Member to the Englewood Parb
and Recreation Commission.
Plew note: If you haw a lllallllly ...... ....., ............... ..., .. aa, el! ..... ~
(303-762·2405)al ...................................... ,..
Englewood City Coundl Agenda
August 19, 2002
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9. Public Hearing (None Scheduled)
£r
10. Consent Agenda. //A. _ • _L • • /lbbl~Ji · t-1~1,i,~~~ -Ir~ ulf(Jl,ltT~ Jht, /()£1)/ lou ii.,..iti' ., rr"' -v ~ ... ~proval ofOrdinanc~~FfrStReading. ) ')
b .
c.
~Y:L
~r3
i.
ii.
Council BjH Np 40 • Recommendation from the Finance and Administrative
Services Department to adopt a bill for an ordinance authorizing amendments
to the City of Englewood Police Pension Plan Document STAFF SOURCE:
Frank Cryglewic:z, Director of Finance and Administrative Servket.
Council Bill No, 41 • Recommendation from the Finance and Administrative
Services Department to adopt a bill for an ordinance authorizing amendments
to the City of Englewood Firefighters Pension Plan Document STAFF SOURCE:
Frank Cryglewk:z. Director of Finance and Administrative Services.
App~of Ordinances on Second Reading.
Resolutions and Motions.
i.
ii.
iii.
Recommendation from the Human Resources Department to adopt a resolution
authorizing an amendment to the Collective Bargaining Agreement with the
Englewood Employees Association for 2003. STAFF SOURCE: Sue Eaton,
Director of Human Resources.
Recommendation from the Human Resources Department to adopt a resolution
approving a cost of IMng adjustment for calendar year 2003 for the managerial
and supervisory employees (General Services, Police, and Fire), confidential
employees, and part-time employees. STAFF SOURCE: Sue Eataa, Director of
Human Resources.
Recommendation from the Public Works Department and the Parb and
Recreation Department to approve, bY..!!!91!.9D,. a Professional Services Contract
with Lyman Davidson Dooley, fac., in an amount not to exceed $397,780 for
architectural design of the Aquatic Park. STAFF SOURCES: Rick Kam, Capital
Projects Director and Jerrell Bladr. Director of Parka and Reaeatioa.
11 . Regular Agenda.
a.
b .
App~of Ordinances on First Reading.
Approval of Ordinances on Second Reading.
Council Bill No. 30, an emergency ordinance authorizing and approvin.J the
lease-purchase of computer hardware and operating software, 1 .. 1 J~ _
telecommunications equipment, and police laptop computers. Vf'.r--, ,-
Pleae note: ff you haw a liNllilily wl IINtl....., _. •---. ............ CIIJell..-1 !IN
(303-762-2405) at INlt 41 houn ill ........................ n..llya.
Englewood City Council Agenda
August 19, 2002 Moen moved to IPIIRM Agenda lam 11 b Ii. THE MOTION DID NOT PASS .
Page 3 [TIie vole l9IUlt -3-2 (Nlyl: Wolaeyn, Yurc:hldl). The City Clwllr a-. 111t
'Every ardlrwQ lhall Nqlllre .. drnlalM vole d .. fflljarlly d .. ,tW,illanhlp
... Council tortlnal ..... ,
Council Bill No. 36, amending Tide 11, Chapter 1 of the Englewood Municipal
Code to allow parking privileges for persons with disabilities on specific days
and during certain hours.
tflJ.1',-gt:j iii. Council BIO No. 39, an emergency ordinance authorizlnR the issuance of bonds
~5-0 for the Parks and Recreation Aquatla Park Project /)J~
c . Resolutions and Motions.
,If
12. General Discussion.
a. Mayor's Choice.
b. Council Members' Choice.
13. City Manager's Report.
14. City Attorney's Report
Adjoumment'7:5~
The following minutes were transmitted to City Council between Aupt 2 and 1 S, 2002:
• Englewood Cultural Arts Commission meeting of June S, 2002
• Englewood Cultural Arts Commission telephone pol of July 3, 2002
Englewood Planning and Zoning Commission meeting of July 9, 2002
• Alliance for Commerce in Englewood meeting of July 11, 2002
Englewood Parks and Recreation Commission meeting of July 11, 2002
Englewood Transportation Advisory Committee meeting of July 11, 2002
Englewood Planning and Zoning Commission meeting of July 16, 2002
Pleue note: If you haft a llullilly _. w4 .-Y lilk•---.. ,_.._., .. a,.,, -•• ..
(303-762·2405) ...... 41 ....... .._. ................... n.11,-.
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Rqular Seukm
Aqust !I, 2002
I. Call to Order
The regular meeting oftbe Englewood City Council was called to order by Mayor Bndsbaw at 7:34 p.m.
The invocation was given by Council Member Nabholz.
3 . Pied&• or Allepance
The Pledge of Allegiance was led by Mayor Bradshaw.
4. Roll Call
Present:
Absent:
A quorum was present.
Also present:
5. Minutes
Cowicil Members Nabbolz. Moore, Grazulis, Garrett, Woloayn.
Yurchick, Bradshaw
None
City Manager Sears
City Attorney Brotzman
Assistant City Manaaer Flabcny
Deputy City Clerk Castle
City Clerk Ellis
Director Ross, Public Works
Director Simpson, Community Development
Director Gryglewicz, Finance and Administtative Services
Director Olson. Safety Services
Director Long, Public Library
(a) COUNCIL MEMBER GRAZUUS MOVED, AND IT WAS SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING or JULY 15, 2802.
Ayes: Council Membcn Nabbolz. Moore, Garrett, Woloayn.
Grazulis, Bradshaw
Nays: None
Absiain : COUDCil Member Yurchick
The motion carried.
6. Scbeduled Viliton
(a) Mark Wolfe, Deputy Slate H111oric Preservation Officer for the Colondo Hiatorical
Society was present 10 address Council rcprdina the Skcrritt House . Mr. Wolfe adviled tbat be is the
Englewood City Council
Auaust 5. 2002
Page 2
Director of the State Historical Fund. which is :be Historical Society's administered grants proaram. He
expressed bis appreciation for being able to speak to Council this evenma. He reminded Council that be
bad already presented a letter 10 them dated July 3, 2002, and asked that it be made a part of the record of
tonight's meeting. He added that he would be happy, whm he WIS finished speaking, to answer any
questions it may have raised . He empbaaized that the Colorado Historical Society's primary purpose is
really facilitation . We are here to assist private property ownen, public owners, not-for-profit
organizations and for-profit corporations and all types of property owners and camaken to carry out the
appropriate work that needs to be done in saving Colorado's historic and prehistoric resources. In our role
as facilitators. be said, we can offer assistance and advice and, because of the State Historical Fund, we can
even offer money, which is somefbina a lot of state historical societies CIIIIIOl do. We are quite privilqed
in that way, be added. Mr. Wolfe said he believes, as be Slaled in the letter, that die Skerritt House is a very
sipificant property, both historically and architecturally, and that this Council baa made some excellent
decisions in the past, with respect to that property. You chose to save it by acqwru111 it, and by passing an
ordinance so that historic propenies in your cornnunilies miabt be deaipated, and you lben chose to
designate it, which WIS a very wile decision, be felt. You furlber chose to pursue die possibility of llmding
through the State Historical Fund, so that the house could be stabilized for some potelllial future public use .
All of those decisions were very wise , be opined, and looked not only at your comnunity'1 put, but also at
its future . In addition to that, however, I want to remind you that whm the State Historical Society,
through the State Historical Fund. makes a grant, we enter into a contract with die grant recipient. In this
case , we did enter into a contract with the City of Englewood . On page three of that contraet. be pointed
out, paragraph sixteen states as follows : "The contractor", and that would be the City ofEnaJewood, be
interjected, ''hereby agrees to the following for a period of ten years. commencing on die date of this
agreement", and the date of the agreement is August 20, 200 l, be said, "Section A, without die express
wrinen pennission of the Society, no consttuc:tion. altenltion, movement, relocalion, or remodelin&,. or any
other activity, shall be undertaken or permitted to be undenaken on die property which ~ alter the
architectural appearance of the property, adversely affect die sauctural soundness of die property, or
encroach on the open land area of the propeny." The c:onuact goes on in several other sectiom, be said.
Mayor Bradshaw asked the amount of the grant. Mr. Wolfe raponded that the actual grant amount was
$80,000 .00. Mayor Bradshaw said that is ifwe have expended it. Mr. Wolfe said no, die coauact baa been
entered into. and the first disbursement baa been made, and some ofdle money baa, in fact. been spent He
said '1~ just wanted to remind them. in case Council bad forpnen tbat die cOlllnCI exists. 1be Society
takes these contnctual obligations very seriously. Mayor Bradshaw uked what dial means. Mr. Wolfe
said it means that the City cannot. without die express writtm pennillioo of the Society, do any work on
that property, including demolish it. I am not sayina that you would DOI receive that permiuioo. be
allowed, but it does. in fact. have to be requested, and you will be receivin& an official letter to dial effect
from the president of the Society and the State Historic: Preservation Officer, be advised. Mr. Wolfe said be
would be more than happy to answer any questions .
Council Member Yurchick said you talk about the historical significance oftbe Sltcrrin House. Wbat facts
do you base that on. what proof do you have '/ The issue here is that nobody can idenlify what WIS the
original Skerrin House . be said .
Mr . Wolfe said he based his op1mon primarily on die application that the City tmdered to the Colorado
Historical Society in which you stated its s1~ficanc:e .
Ma yor Bradshaw said that was ~fore an assessmmt. Mr . Wolfe allowed that it wa before a physical
asse ss ment of the condition of the house. which would DOI affect ill biaory .
(b) Bryan DcsManeau. 4160 South Ac-Street. said be iaa -*roldle CClllplplioaof
lnunanuel Lutheran Church. located at 369S South A-Street. wbicb is OD die COllllr ol Mmm 11111
Kenyon . He advised that be was present to addreu COUDCil reprc1uis die cludl', ........ b hee+ie lllf zd
parkmg along Acoma Street. 1n front oftbe cburcb. Thil a a coapeplioD wbae a apiftcaa,. I'
Englewood City Council
AUll\l5t 5, 2002
Page 3
of the members are senior citizens, he said, and there are also about eleven liunilies with people in
whcelchain, using walkcn, and tbinp of that nature. We have some handicapped spaces set uide in the
church parking lot, but the lots are on the wesl side of the cbun:b and the south side, across Kenyon. As
you probably know. traffic along Kenyon can move along al a prcrty good clip, and there is I fear among
members of the congregation that it is 001 a safe situation for the older people. We are here hoping you
will approve the designation of handicapped spaces on the cul side of the church, which nais along South
Acoma Saeet. Cummdy there is one designated spol for loading, and tbal is direc:tly in &olll of the main
door, be advised. We are certainly willing 10 give up tha1 loading zone designation ifwe could cooven it,
and maybe the remaining couple of spots 1oward the curb. u handicapped parking. be said. The church bu
an clevaior IO accommodate these folks, which was inslalled about six or eigh1 years aao, and it is located
on the cut side of the church, facing Acoma. The parking facilities around on the other side of the cbun:b
are about a 100-yard walk IO the handicapped elevator, be explained. Mr. DesMuteau repeated 11111 they
were requesting thc spaces along Acoma 10 be designated for handicapped, and would ooly hope 10 see thal
on Sunday mornings from cigh1 IO noon. The church IWo blocks down thc street cvidendy bu lhe same
designation and it happens to be along Acoma. They have some signs up tha1 indicale handicapped parting
on Sunday mornings from eight to noon. and we hope tha1 you will approve thc same for Immanuel
Luthcran Church .
Council Member Y urchick asked if thcrc could be discussion 11 tbiJ time, or should we wait until the actual
ordinance is inttoduced. Mayor Bradshaw said be could imve thc ileffl forward ifbe wanted disc111Sioo
now .
COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO MOVE AGENDA ITEM
11 (1) (Iv) FORWARD.
Ayes:
Nays:
The motion carried.
Council Membcn Nabbolz, Moore, Gamu, Wolosyn.
Y un:hick. Grazulis. Bndsbaw
None
Council Member Garren suggested tha1 we have a presentation by staff.
Director Ross advised lha1 thc Public Works Depanment really does not bave a recomneooalioa on Ibis
cowicil bill . The City of Englewood Municipal Code requires that people who develop provide adcquale
parking 10 provide for the handicapped, depending upon lhc size of thc parting field. Obvioualy, when you
arc laying oul a si1c. you arc supposed lo put your handicapped parking u close IO the front entrance u you
can. anJ. unfortw1a1ely, in certain inslllDCes where you have older buildings that were built before Ibis
concern about the Americans with Disab1li11es Act. 1ha1 door JDd that parking is not as conven\1n1 u
people would like . In this case. it is approximately 200 feel from the closcsl handicapped parting space to
the front enttancc of that building, he advised . Typ1c:1lly , 1n dial type of situation. the City will put loading
zones. which allow people to aet dropped off in front of the building, but you can only be there ror I certain
time period to drop people off, and then go find :i parking place . The Model Traffic Code, which M
adopled by reference. docs not allow you to have time limit rcslrictioos oa handicapped putwia. The City
Anorncy 's office has drafted an ordinance diat would allow modification IO allow Council IO decide that
Ibey want 10 provide for lime rcstnctions on handicapped parking oa public IIRCII. Obviously, in the
Public Works Department. we get c:illcd into tbiJ son of thing oa I frequent buis. Elderly people who
would like IO protect the parking in front of their house, and bave a handicapped perkias llicur, -.Id like
to clinunalc parkmg in front of thcir house by anyone else and thereby have resened partias. bec:ala only
Jbout rwo percent of the popula11on arc handicapped. Mr. Rou satd they ue cClllllalldy beina called ialo
lhcse linle rurf wars berween apartment complexes. developments and propeny ownen, IO M Ir)' to be u
reasonable as possible . We re:illy thou11ht. that by providing a loading ZOIIC, and I thillk then• -b
about iwo or three cars in this loading zone. tha1 we had accommodated that. be said.
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Englewood City Council
August 5, 2002
Page4
Mayor Bradshaw asked if this was an amendment to the Model Traffic Code. Mr. Ross said it is an
amendment to our municipal code, which would allow these time limit restrictions.
Council Member Moore asked. for the sake of the audience, that Mr. Ross explain why the church down
the street has these signs already, if it is not permitted under the Code . Mr . Rosa said those parking signs
were put up before Traffic Engineer Vostry's time. We researched our records and could not find the
justification, but the bad news is that, if a penon parks there who does not have a handicapped sticker , we
really could not ticket because it would not be enforceable.
Council Member Yurchick suggested an alternative . We seem to have a lot ofpennit parlcing in place, be
said, so what if we just made that pennit parlcing between whatever houn the church needs ii, and let the
church monitor who gets the pennits, and it would open it up the rest of the time. If we put up handicapped
parlcing, it does not protect the church on Sunday morning because anyone with a handicapped sticker
could park there, even though they may not be going into the church. If it is by pennit parltina, at least they
would be protected for that block of time. Mr. DesMarteau agreed .
Council Member Wolosyn said she was going to ask for a discussion of alternatives, and agreed with Mr.
Yurchick's suggestion.
Council Member Moore aslced if Mr. DesManeau felt that would be a better swap, between the
handicapped parking versus the loading zone that they have now . Mr . DesManeau said they had discussed
this in the appropriate committee within the church and we would be willing to trade the loading zone spot
for a handicapped spot, but I would certainly entertain any possible compromises.
Mayor Bradshaw said the church, then, would be responsible for the pennits and that way if they had
something to load, a pennit could be placed in the windshield.
Mr . DesManeau asked if there was any possible objection 10 giving the church the discretion to hand out
the pennits. Council Member Yurchick asked if Director Ross has to do that.
Director Ross advised that. the way the pennit ordinance is currently written. we issue a certain lUllllber of
pennits. and they can administer them any way they want to.
Mayor Bradshaw asked if that would work .
Council Member Moore said he was 001 opposed 10 it if the church would like to go that route .
Con nc il Member Garrett said he had an objection. From a philosophical point of view, are we wi1lin& to do
this fo t every church. or every non-profit'! He said he understands the need, but also, these are public
streets that all the citizens need 10 enjoy, and once you start making exceptions, do we WIil! pennit parlcing
around every church in Englewood, he uked. That is something we would have to ask, and I just do not
know where we would stop with the exception to our public policy . Whether it is handicapped with a time
limit on it, or some other solutions. such as pennits. I just wonder if we will have sips everywhere
throughout Englewood .
:-.tayor Bradshaw said or permits with sips with time limits . Mr . Ganett uid he just does not know iftbat
•s what we want as a Council .
Mr. Des Maneau recopaed that that was a Sll'Olll lfllllllCIII, if you llllke oae exception. lbe tell follow .
But 11 11 11lso a matter of pubhc pohcy in dus society that we ffllU certain acc:omnodatQW for people in
tha t pos mon. It 1s the role of 1hr Council 10 weip thole policies and llllke deciaioal. be added.
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Englewood City Cowicil
August 5, 2002
Page 5
Council Member Garrett said. if you have two spots in front of the church, and you have eleven families
who have Ibis issue , it becomes a fight. Tbey start getting there at 6:00 a.m. to get the spot. He did not feel
this would fully address the concerns and did not know if it solves the use of the street.
Mr . DesMarteau said it may not solve the issue for all eleven families that are involved, but it would
certainly alleviate the problem for a number of them, and we would be willing to make those decisions as
to who is more appropriate to receive the pennits.
Cowicil Member Ganett said, for him to be supportive, be would have to have a full understanding of the
policy we are setting. Are we going to say all churches have this ability, because I would bate to say you
can come and get it, and tell the next cbun:h that we are not aoin& to do that anymore. I would like to have
a firm policy. so we do not have to make individual judgment calls .
Cowicil Member Grazulis commented that, for churches that do not have this accessibility because of when
they were built, we should try the pennit. If it does not work out, then we can come back to the drawing
board.
Cowicil Member Moore said bis personal reaction to the pennits is not a 1ood one, only because be does
not like adding this extta layer . How do you allocate the permits. who bu the authority to do it? The
handicapped parking pennit is already in place. The fundamental reason for doing this still seems clean to
me. he said. I feel that , if we put pennit parking there, we have gone a step too far . We have already made
this designation of a loading zone , and accommodating their request to make it a handicapped zone sounds
like a very small change, something easy to do . As far as policy goes, I am not sure exactly what that is .
When 1 look at it, it is a very simple, sttaightforward request in this case. For me, this is an euy one, he
said. The space is already there, and we have already made 11111 decision. In tmDI of what other
businesses might want, they can make that request about loading zones, allo. We coold be pwtina loadina
zones up in front of a wide variety of places, so I dunk we have already entered ialo lbc bit of discretion
that is going 10 be involved here. Mr. Moore felt this would be adequaie policy for now.
Cowicil Member Wolosyn said she could not support the ordinance because. altboup Mr. Moore speaks of
it as a single instance, it is not. We are cbanain& the law, and I feel 11111 we are suppoMd to mike general
laws. I really do feel that a loading zone is the optinum way of solving your problem, she mened.
because, as you said. you never know bow 111111y people you will have who need it, and a loadina zone is
fair . Everyone has equal access to the front.
Mr . DesMancau said the loading zone is not solving the problem and that is why be was oere tonight.
Council Member Wolosyn added that she was not in favorofcbaJllm1 the law. We are bein& uked to
make an exception , but who grants variances on things like tbis, she asked. ls it Council? Mayor
Bradshaw said it is our job. Ms . Wolosyn said she would be more likely to entertain that, than to change
the law, because it opens the floodgates .
Council Member Yurchick said that is the advantage of a pennit. The law is already in place. all we do is
put up the sign for permit parking . Director Ross issues them ten or ftftttn pennilS and tbe church
adrrunistcrs who gets the pennits . and we don ·1 have to pus a special law to accommodate this need .
Council Member Moore: said he respects that point ofvi:w. The idea oftbe City 1ivina a block ofpemuts
10 a church feels like: we are heading down a different road than I personally lhink is ript. The olber
advantage of adopting the ordinance: as it is. i1 that it will brio& into coq,liance the cburcba wllicb are ill
this circumstance down the road . We could 10 to them and uk tbem to 10 to pemane111 pukilla. • well
and ma ybe that is another .answer here .
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Englewood City Council
August 5. 2002
Page 6
Council Member Grazulis stated that this is a small community and there are a lot of people entering into
this need in the future, and I just want to be okay with a church needing it for a certain block of time, which
seems like no big deal .
Council Member Yurchick said it is no different than what we do at Englewood High School. Im't that
pennit parking, or no parking except for residents at certain times , he asked. It is the same thing they are
talking about doing up north of Wal-Man, in that part of town . As far as the church down the street, if
those signs are legal, give them the option of having a permit.
Council Member Moore said he wanted to make sure he was clear on things. The permit, regardless of the
outcome of this vote, is something that can be pursued without any change. Mayor Bradshaw said that is
right.
COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 1 I (a) (Iv)-COUNCIL BILL NO. 36 ON FIRST READING. [See page 10.J
COUNCIL BILL NO . 36. INTRODUCED BY COUNCIL MEMBER MOORE
A BILL FOR AN ORDINANCE AMENDING TITLE 11, CHAPTER I, OF THE ENGLEWOOD
MUNICIPAL CODE 2000 PERTAINING TO TRAFFIC AND PARKING ENFORCEMENT .
Vote results:
Ayes :
Nays :
The motion carried.
7 . UDtCbeclulecl Vlsiton
Council Members Nabholz, Moore, Grazulis, Bradshaw
Cowicil Members Garrett, Woiosyn, Yurchick
(a ) Rodd L. Wheaton, 3021 South Cornell Circle, felt he could answer Council Member
Yurchick's question about the significance of the Skerritt House . Mr. Wheaton said be is an arcbitectmal
historian, he has worked for the National Parks Service for thirty years, mostly here in the Denver and
Colorado areas . I have a great deal of c:x~rience with historical architecture, particularly with vemacular,
which the Skerritt House is , which I am representing tonipt. It is quite an amazing little SIJUCtUl'e, one of
those rare surv ivors from when the whole metropolitan area was very rural, and they are very few and far
berween . There was one house near 17"' and Washington Street, which is a frame building which predates
Denver's brick ordinances. he said. This house really represents the whole genre of architecture before the
ra ilroad arrived in the metropolitan area in 18 71. It is really an example of Englewood's identity at this
po int . and I feel ve ry strongl y that thi s house has a great deal of architectural significance. I believe,
ha vi ng sat on the Gove rn or"s Hi sto nc Pres erv ation Rev iew Board for two long terms, twelve years total ,
that I ha ve seen man y come acro ss th e desk. and this is one of the most important little houses in this entire
area , he asse n ed . It re all y speak s of Engle wood 's past and its history and. particularly of its fOllllder, Mr.
Ske rr in. Mr . Whea ton fe lt it commemorates where Englewood is going next year in 2003 as we celebrate
our l OO"' anm versary. It speaks to the present generations about the significance of 1860 's development, it
wa s not ea sy on the frontier in 1864 when the house was built. Finally, it holds somedung for the future
ge neration, and you. as the City Cowic1I, have \\ithin your hands what is aoina IO represent Eqkwood in
the future . I think 1t is very important that we aive Ibis some opportunity IO decide what we are aoina to do
with it in the long 1errn. For example. one possible use may be for teacbin& school children about
Co lorado's hi story and. more importantly. Enalewood 's history within the pat State oCColondo. You
co uld bring sc hool kids together and talk about that whole idea oftbe settlcmenl oCtbe west. In conclus ion,
he sa id. if fundin g 1s critical . as the newsletter seemed 10 suaant. I would hope that maybe we could just
preserv e it. and in the parks service. we would call it mothballina the buiJdina until we can llllke a aood
so und de cmon. That wo uld presumabl y require a ne w roof and some stabilization. without the expenditure
of the funds that we re suggested m the news letter .
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Ena)ewood City Council
Aqust 5, 2002
Page 7
Mayor Bradshaw thanked Mr. Wheaton.
8. Commullk:attoa1, Proclamadoas. and Appolatmeab
(a)
conaidemf.
A proclamation declaring Tuesday, Aucust 6, 2002 as National Night Out was
COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION DECLARING TUESDAY, AUGUST 6, zoez. AS NATIONAL NIGHT OUT.
Ayes: Council Members Nabbolz, Moore, Gamtt, Woloayn,
Yun:bick, Grazulis, Bradshaw
Nays: None
The motion carried .
Officer Nancy Peterson wu present to accept the proclumtion. Sbe advilecl that Cllam.l 9 would be
doing a live broadcast in our city at 5:30 tomonow morning on Broadway and Haq,clen. by the National
Nipt Out banner. She said she would be there with McGruft; and uayoae elle wbo would like to join her.
Ms. Peterson said Channel 9 would also be in Englewood tomom,w evenin&, so we will set a lot of
coverage .
Mayor Bradabaw asked Ms. Peterson to cite the statistics ror OW' Natioaal Nipt Out. Ma. Peterson said.
for 2002, we have 325 Enalewood blocks that will be celebrating Natioaal Nipt Out on Aupst 6•.
Between Aqust 6• and September 7*. we have an additional twenty-five blocb that will be having other
parties. She said she is very proud to say that they have sixty-six represcntativa from Safety Services and
City administration that will be touring the city tomonow night, which is a tarse number. It made it
interesting for me to assign parties. she said, but it also did my bean aood to lmow IO IIIIDY people are
1oing to be out there. For u many parties u I could, I have tried to have n,praelllalive1 6om the City,
Safety Services and Code Enron:ement, so they will have a crou sepnent of our City to meet with thal
night. Ms. Peterson said she has some additional parties throughout the month if anyone is intaaled,
addin& that she would send out an e-mail with the addi~ nipll and party locations. Sbe asked for an
additional copy orthe procl1111111tion to send to the national orpnization.
Council Member Grazulis said she is the best in the state ror 1ettin& this all doae. Mayor Bradshaw said
Englewood ,s the best city in the state. Ms . Grazulis said. when she spoke to the representative at CML. be
said Ms . Peterson does the best in the entire state .
(b)
considered.
A proclamation honorin& the so* Anniversary ofEna)ewood Wesleyan Church was
COUNCIL MEMBER GARRETT MOVED. AND IT WAS SICONDID. TO APPROVE A
PROCLAMATION HONORING THE 50TM ANNIVl:R.SARY OF INGUWOOD WISLEY AN
CHURCH.
Ayes :
Nays :
The mouon earned.
Council Members Nabbolz, Moore. Gamtt, Woloayn,
Yun:bick, Gruulis. Bradshaw
None
Pas1or Chuck Borden wu present to xcept the proclanation. He llaled that the oripal pllll -to jllll
uk fur a letter of congrat11lat10111 . and tbe proclumlion -beyond our~ He ...... C-il.
Mayor Bradshaw stated that the Enalewood Wesleyan Church II cclebratias ill Mildl---,y •
Englewood.
Englewood City Council
August 5, 2002
Page 8
( c) A letter from John J. Roberts indicating his resignation li:om the Eqlcwood Code
Enforcement Advisory Committee was considered.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE
RESIGNATION OF JOHN J. ROBERTS FROM THE ENGLEWOOD CODE ENFORCEMENT
ADVISORY COMMITTEE.
Ayes:
Nays :
The motion carried.
9. Publlc: Hurin1
Council Mcmben Nabbolz. Moore, Gurett, Wolosyn.
Yun:bick, Grazulis, Bndlbaw
None
No public hearing was scheduled before Council.
10. CoDRDt A&enda
(a) Approval of Ordinances on Fint Reading .
There were no additional items submitted for approval on first reading. (Sec A&enda Item 11 -Rep&lar
Agenda .)
COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA mMS It (b) (I) AND 10 (c) (I).
(b) Approval of Ordinancea on Second Rcadina-
( i) ORDINANCE NO. 37, SERIES OF 2002 (COUNCIL Bll.L NO . JS,
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE AUTHORIZING AN "AGREEMENT FOR TEMPORARY LEASE AND/OR RE-
DIVERSION OF REUSABLE RETURN FLOWS OF WATER" BElWEEN CENTENNIAL WATER
AND SANITATION DISTRICT AND THE CllY OF ENGLEWOOD, COLORADO.
(c) Resolutions and Motions .
(i) RESOLUTION NO . 78 , SERIES OF 2002
A RESOLUTION AUTHORIZING THE COLLECTIVE BARGAINING CONTRACT BETWEEN THE
ENGLEWOOD FIREFIGHTERS LOCAL NO . 1736 AND THE CITY OF ENGLEWOOD FOR THE
PERIOD OF JANUARY I, 2003 THROUGH DECEMBER 31, 2004 .
Vote results:
Ayes : Council Membcn Nabbolz. Moore, Gurett, Wololyu.
Yurcbick. Gnzulis. Bradlbaw
Nays :
The monon ea rned.
11. Rqular Aaeada
(a) Approval ofOrdinancn on First Rcadina .
• •
•
Englewood City Council
Aqust 5, 2002
Page9
(i) Director SUl"4)SOII presented a reconmendation from the Community
Development Deputmmt to adopt a bill for an ordinance approvq The Sbopl II Haq,dcD and Lopn
Planned Unit Development (Safeway PUD). He also requested a public beariaa for Sepccmber 3, 2002 to
consider the Planned Unit Development. which is a rezonina for the Smway Stora. This rezoaiaa would
permit a fuelin& station on the property, he said.
Mayor Bradshaw asked for a motion to set a public hcarin& for the Sbopl at Haq,dcD and Lopo Planned
Unit Development for September 3, 2002.
COVNCll. MEMBER WOLOSYN MOVED, AND IT WAS SICONHD, TO SIT A. PUBUC
IIIA.RJNG FOR THE SHOPS A.T IIA.MPDIN AND LOGAN PLANNm UNIT DIVD.OPMENT
FOR SIPTIMBER 3, 2N2 AT 7:ll P.M.
Council Member Moore said he wamed a quic:k c:onfinnation of the process. This is a vote simply to have
a heariJI& in whic:b we will get the infonnation we need in order to make a decision. Mayor Bradlbaw said
absolutely . Council Member Garren said this is also approval of the council bill on lint radial-
City Attorney Brotzman said that was not the motion, but I thoupl you were aoin& to do it in two pieces.
Mayor Bradshaw said this motion is for the hearing only .
Vote results:
Ayes:
Nays:
The motion carried.
Council Members Nabholz. Moore, Garml, Wolosyn,
Yurc:hick. Grazulis, Bradahaw
None
COVNCll. MEMBER WOLOSYN MOVED, AND IT WAS SECONDID., TO APPROVE AGENDA
ITEM 11 (a) (1)-COVNCll. Bn.L NO. 31 ON FIRST HADING.
COUNCIL BILL NO. 38, lNTRODUCED BY COUNCIL MEMBER WOLOSYN
A BILL FOR AN ORDINANCE APPROVING THE PLANNED UNIT DEVELOPMENT (PUD) FOR
THE SHOPS AT HAMPDEN AND LOGAN PLANNED UNIT DEVELOPMENT, IN THE CITY OF
ENGLEWOOD. COLORADO.
Vote results:
Ayes :
Nays :
The monon earned.
Council Members Nabbolz. Moore, Garren. Woloayn.
Yurcluck. Grazulis, Bradshaw
None
( ii) Director Grnlewic:z presented a recommmdllion from the Depanmeot of
Finance 1111d Administr11ive Services to adopt a bill for an ffllCIJCIIC:Y ordinance llllborizin& and approvina
the lease-pur chase of co~ter hardware and operating softw&R, tclecomnuucllioaa equipmenl, and
police laptop coq,uten. TIUI will include support and elec:1rical uppacles to dia dlinl floor Mn II Civic
Center. 10 support the heating and coolin1 needs for the -equipment. lbis is tbe mlS Projec:t. the
laptops are for the police cars over at Safely Services, and tclecornmmirttiam here in 1M buildilla, i.
advised . Mr. Grnlewicz said be lhould nab oae comctioa in dia dlinl Wheraa. It uya in ..,......
··also known as the IBIS or ~vin& Sllbstalltially all~ i...,.oviDa service". It lhould rad
"in-.,rovina busanesa. ~Vin& scmce". We are loobla aa very •von111t rma oa dlia. .. -dDiaa a
tive -~ar blended rate . wlucb looks npa -lib 11 will be 4 .11%. ad I ave ill:11111111.,. .... 1111
paymtnts will be .
Eaalewood City Council
Aupst S, 2002
Page 10
Mayor Bradshaw said we hid anticipated 4.5%. Mr. Gryalewicz said it could even be a little below the
4.11 % when we &et it ftnisbed.
COUNCll. MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (a) (U} -COUNCll. Bll.L NO 38 ON FIRST READING.
COUNCIL BILL NO. 30. INTRODUCED BY COUNCIL MEMBER WOLOSYN
A BILL FOR AN ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO AU'11101UZJNG
AND APPROVING THE LEASE-PURCHASE OF COMPUTEll HAIU>W ARE AND OPERATING
SOFTWARE FOR THE CITY PROVIDING DETAILS IN CONNECTION WJ'J1I THE LJ!ASE.
PURCHASE OF THE SAME, AND DECLARING AN EMERGENCY .
Vote raaltl:
Ayes: Council Members Nabholz, Moon, Glmstt, Wololya,
Yun:bick, Gnzulia, Bndsbaw
Nays:
1bc motion carried.
None
(iii) Director Gryalewia presented a m-ommeadalioa &om the Depanmcm of
FimDce and AdmiailUlrivc Services to adopt a bill for aa emerpacy anlimlll:e Mllbiaiziala the iaum:e of
boads for the Pam and Recreation Aqualicl Pllk Pn,ject. We islued 1111 ftlll part of dine boadl 1111 year,
be said. We islued SS,810,000.00, now we are issuin& $6,999,000.00 ill G.O. boadl. 1'1iia-approved &1
tbe November 6, 2001 election, be adviled. and we an loakiDt at clalils dlil, m 1111 • dale will be
Allpll I~, 10 al dill ta we will know wllll 1111 ..... 1U11 are. Lillll tlle ........ jal 111111d
aboul, we an loakiDt aa a very favorable leaae .._ ript aow. Al 1111 aetill • die I,., I will law 1111
actual ~ 1111n for Couacil, be said.
COUNCll. MEMUR WOLOSYN MOVED, AND IT WAS SECONDED, 10 APPROVE AGENDA
ITEM 11 (a) (Ill} -COtlNCIL Bll.L NO 39 ON naST READING.
COUNCIL Bill NO. 39, INTRODUCED BY COUNCIL MEMBER WOL<DSYN
A BILL FOR AN ORDINANCE AUTHORIZING TIIE ISSUANCE BY THE CITY OF ENGLEWOOD
OF ITS GENERAL OBLIGATION BONDS, SERIES 2002, FOR. THE PURPOSES APPRO · <\ T
TIIE CITY'S ELECTION ON NOVEMBER 6, 2001 AND AUTHORIZING THE LEVY OF . ERTY
TAXES TO PAY SUCH BONDS ; PROVIDINO THE FORM OF 11IE BONDS AND O'IllER ._ -f AILS
IN CONNECTION TIIEJlEWITH ; APPROVING DOCUMENTS RELATING TO THE BONDS, AND
DECLARING AN EMERGENCY .
Vote reaaltl:
Ayes : COIIIICil Members Nabbolz, w-e, Gama. Woloayn.
Yllldlic:t. Gnzulia. Bradlllaw
Nays : None
1bc mocioa carried.
(Iv) (T1iia 111111--.S bwanl OD tbc ....... See ... ).)
t b) Approval of~ caS.CW .......
Tbeff weft no additioal -sullmallld • .....-i • 11CG1111--.. (IN A...-._ 10 -C_.
Apnda)
Englewood City COIIIICil
Auaust 5, 2002
Page II
(c) Resoluliom and Motions .
There were no additional items submined for appro, al on second reading. (See Agenda Item IO -Coasen1
Agenda.)
12 . Goeral DIK1aslioa
{a) Mayor's Choice
{i) Mayor Bradshaw offered lwdol to Safety Servica. ud apecially NIIIC)'
Petenon ud Phenomenon Enla1aimneol for lhe fim 111111111 kickoff' party for National Nipt Out. She also
thanked COUlltl)' Buff'et for supplYin& all the food. Michael Yurchil:lt -lbere. City M-,er San -
lbere, ud Chris Oboo wu there, she conaented.
(ii) Mayor Bradshaw poillled OUI 1bat, iD Couacil's packet, lbae WU iaComalion
that she bad reques1ed about the Greater Lillletoo Y oudi lailialivc. Sbe said Ille would like to farward that
to the School-City Joint Comniuce to look at, alona widt this conference packet. bee.-it is really
important. Let's nut wait unlit a tragedy like Columbine bits our area. I tbinlt we sbould i.vc IClllletbiDa iD
place for kids righl now, she said.
COUDCil Member Wolosyn felt it nughl be useful to the talk fon::e on -.e drinkiDa-Mayor Bndlbaw
said however we can get into a partnership with the schools on 1h11 would be graL
(iii) Mayor Bradshaw thanked Code Enfon::cmem Field Supcrvil« Lynn ud
Division Chief Moore for the report on vehicles ud bow diffenat -• 111ft 1111m, udlauab it -
C11111bmomc to deal wilb. and I called Mr. Lynn today 111d said dtat I jml med 101-w ifeo.cil is
supponivc of legislauon to limit or discounp too 111111)' vebicles pabcl ill Nlilllmill -. 1111 uid.
Several COIIIICil raemben indicated their support. Mayor Bndsllaw said okay, bee-. if we -mil
supportive. why have Code Enfon::emenl go lbroup the brain dlaaae-She said she 111d biplial*d lhe
IRIS that she WIS cooccmed about
(iv) Mayor Bradshaw reminded cvcryoae of National Nipt Out llma!OW aipl, 111d
offered ~ to !bole panicipatias .
(v) Mayor Bradshaw said. reprdiaa the Moao issue: dtat bcr coacma waa, wbca
she was on COUDCil before, we bad problem properties. llld wbca we 111d to 11b cue oftblm. dlea we put
a lien agamst the property . She said she did not know iflhll wu llllllllllma we Wlllled IO look II-.
City Attorney Broczman said we 11111 do that
Mayor Bradshaw said that 1s why we did an c-11111~ because I dloupl we had dtat iD place. bul I -nae
sure . I thought we should probably ban~ a discUISIOO about wort.a on problem propenies. llow ~
notices does 1t lllte. and so forth.
ounc:il Member Yurcback said lus concern witb 11111 puticular plGplllY II dial II._• look tiu ._ ii
any effort on the landowni:r·s pan.
Council Member Wolosyn said II was propolCd IO hff .... we -• ----• ., cMIII, ....
move 10 the hen tJuna . But we did mow 11 dowa ~e •-.so yau • ........ II• a..._
way than I undnstood II. :Ille said
Englewood City Council
August S, 2002
Page 12
Mayor Bradshaw said. if we go ahead and do the work that wiU satisfy the highway depenment . We do the
work and then put a lien against the home.
Council Member Wolosyn asked if she ia responsible for the work that we do DOW. Mayor Bradshaw said
yes. Council Member Y urchick said it is a tax lien. Ma. Wolosyn said that is diffemd than she Ulldentood
it, and that seems like logical procedure .
Cowic:il Member Moore said just u a little background, last year we took aome trees down, we did 11111 JC!
the property fially into the state of ~liance, so that -part of my coaftaaioa, too. ID the nd, UKt I have
talked to the owner, the coafiision over the property is dial, ifwe just set it imo the llale we Died it
maintained. she auum me she will naintaiD it from that dale r-.nt. Then ii c:oabicm about two
tbinp. One is that what was done lut year did 11111 reach tbal level, and the odler -,.ct ii she Illa been oa
the property for six years and she did DOI realize it -her rapoasibil.ity and it bid 11111 been broupl to her
aaemioa u an issue until about a year ago . Penoaally, I am not sayina I apee with all oftbia, I wouldj1111
like the property to be in complianc:e, be said. and she will take c:are or it &om this point forward. I am fine
if we do a lien appro1Ch. be said, but I jllll WUd the property lookins good.
Council Member Ganett said. if we do the lien approadt, she has to pay for iL Or when she sclla the bousc.
that lien bu to be released before she can sell the property, so I want to make sure we ue all talkilla about
the same thing. Let me ask two questions . The work that wu done lut year, -ii with the apectalion
that that was what needed to be done to brina the propcny into COll1)liance laat ..,-7 la that an
undmtanding she may have hid, be asked.
Director Roa said the wort laat year involved IGllle dead trees aJoaa the 6amllie. llld cu ..........
-that -the only issue and tbal ii what we addmled.
Council Member Ganett aakcd if be me.-the oaly iaue from the property_.., poillt ol view, or Code
Enfon:emcnt's.
Director Rou said from Code ~·s point of view. Ht said be met with Dave Lym Olll at tbe siee,
and that was the bunun& issue . You nuc UDdentand tbal. wben you have takm c:are of a cllld aee. you
have taken care of a dead tree, 111d it ii.-. WIien we ao out tbere 111d -tboN WNda, llld tbaa set a
aood rainstorm. at the end of the swmier, tbclle weeds ue ript back. I doa't ........ wlly we would do
this ooe more time . Her neipbor wu very patienl after be aoc bia DDCice ofviolalioa, and i. wailed lllllil
after the judge found apinst Mary Moao 111d then lut weekend wem out 111d took care ol tbe wcedl. A
fifty.five year old took care of the weeds. 111d I tbi1lk he is Soina to be very interested in what is decided
here. and whether he did the right thing in respondina to the nocice of violation or 11111 .
Council Member Yurcluck asked why she deserves special trntmelll when there are a loc oru, who have
right-of-ways that we have 10 maintain . Why does she deserve 10 ha\'e the City c-in and clean dus up
for her?
Council Member Moore felt tbe difference an dus sihlation as that the pal1ICWlr piece of propeny 1111111 a
level, nice piece of pus. it is very Sleep. np& there oa 28S . Besides the ......... blr ..... wwld
also be the ctanaer it presmlS to her lilllaly m ay-. ID set OIII dlere IDII tryila ID--. ii. So ... • •
d11ference . 1111 a wuquely difficult~ of property. 1111 sufflclClldy dift'eRm? You ca tllllle 111111
Judpnrnt on your own. Mr . Moore wd she bad pvn bim •..._.from a~ wllD-c .......
up tbe lot bdween her and Baily's. iUld be wd die clnalp ofblr p,apeny -W ....... u,.000.00 .
He asked Director Ross. hued on 1111 kllo•lcdac of dw propeny .... dllt __. _ .-ly
rnsonable.
Director Ross Id he lhoup& ht would 10 OUl tbere ud do II b blr for S 1,000.00.
Englewood City COWJCil
August 5, 2002
Page 13
Council Member Yurchick said it is expensive to have trees removed, too.
Mayor Bradshaw said we have already put money into that property .
Council Member Nabholz asked, it would probably be a liability, but why can't we uae the collllDIDity
service worken to clean it up?
Safety Services Director Olson said there is a hazard issue. I don't know that I would WIRl to have kids out
there on 28S doing that kind of work. he said. The neighbor ript to the eut wem out last week on bis own
aad cleaned that entire piece of property, but we see absol11tely no reuon why she can DOI pt out and do
this. she has already been directed to do it. I would not WIRl to me c:oammity service workers, he
repeated. to do that kind of thin&-I already have my people, volunwily, on their own time, cuaing
brauches down at people· s homes. so I have a real problem with that. There is a liability iaue that M llill
have to watch out for.
Council Member Yurchick asked if she is an elderly lady. Director Oboo respoudcd that she is only thirty-
five years old aad in good health, and her husband is, also.
Mayor Bradshaw said her solution is to do the work and put I lien on the boUle . Mr. Yurcbick felt she
should be given a cbance to do the wort on her own befOR M clean it 11p. Mayor Bradshaw suaated 1
Mek.
City Anomey Brotzman said there is a process that is set forth in the lllllllil:ipal code ripl now.
Mayor Bradshaw asked what the process is, aad wbctber she is ia C-' now. Director Olloa uid she 1111
already been 10 coun aad directed 10 clean ii 11p. If it does DOI pt taken care of, we hire a privw firm and
try to get the best price that we can. Nomally. we have nplar firna that come out and do pounds
maintenance , aad then we lien the propeny.
Mayor Bradshaw felt that this is rhc law and ~ need IO have people rapect it.
Council Member Moore said she sull has a ,oun date left. so af it IS DOI cleaned by AupM 9*', she gets
cited aad it goes to coun. Then would Ille City seep in. be ubd? Dinctor Olloa uid be wu DOI sure of
the mtll'C process at Ibis time , but at was bis IIRderstandina tbat she hid alrady been ID court. she bas
already been directed to go ahead aad do !bas .
Assisran1 Cary Manager Flahcny ;advised 1ha1 she bad :m admioistrabve bearina , If she does DOI clear the
property by the 9*', she wall be swnmonsed lo coun and arraiped. SIie would 10 IO COUit thirty IO forty
days after 1ha1 , and rhffl it 11 up 10 lhc judac what bis IIWIII would be. It bu DOI a-tbnlup the entire
process, he said. as she has had lhc admaoistrative bnriaa mily.
Ciry Anorney Brotzman advascd thar Ille Code Enfor«me111 C~ pve I seriea of alllenlalives aa
every step. so the cnminal case can proceed. so we can llill cleaa die propcny and limit al die 111m time .
The Code Enf0Kemm1 Conwniaee an11eipaecd that you CGUld haw dlia pniblla lad did DDt ._., have a
Med problem thal IS cured by die~. lllllnd of btiaa c'-d up ia a lamly ......_ We c:aa .. Illa
nrne frames 10 you, he ilddtd It 1 11111 :a IICflllll process. diaup.
Council M.-mber Moore said he was stall conflllcd. He llked wbal die DC'XI seep would be.
Cowi.:11 Member G¥ren 111d •hat he IS heanDa IS Illar• J• lel II p .
Englewood City Council
August 5, 2002
Page 14
City Manager Sears asked if we should infonn her . He felt she should receive a courtesy call that basically
says that we are just going to proceed, unless she cleans it up , subject IO the Code.
City Attorney Brotzman said it is required by the Code for that to happen. so, apin, you are under the Code
process .
( vi) Mayor Bradshaw asked COlllllllllity Development IO raumct the med c:ar
dealer ordinance, which Ibey worked on five or six years aao, Some commmities have limi1ed the number
of lots in their city by size, and by service. She said she ~ lib to have COIIIICil look at tbal around the
encl ofNovem,er.
(vii) Mayor Bradshaw said we have an iaue on the Sbnitt HOUie.
Council Member Garrett comna.med tbal the iaue • -up toaipl, wbicb -new, -IOlllltbina of
I veiled enforcement threat by the State Historical Society. I am DOI familiar with the specific COlllnCI
language, he allowed, and what our culpability pouibility could be beyond the dollar UIIIIIIIIII.
City Attorney Brotzm111 said Ibey gave 111 $80,000.00, so the liability is for $80,000.00.
Mayor Bndsbaw said, so if we give back the $80,000.00 ... City Atrorney Broa:allll said tbat is the
amounl of the cODlnCI, and that is the IIDDIIIII of the enforcement authority tbal they lave oa the house.
Mayor Bradshaw asked about neediD& permission from them. City Atrorney Bnlaman mpoaded that. if
you expended the money, and you did something with the house. you could be liable up IO $80,000.00.
Mayor Bradshaw said ifwe kepi the inm.y. What ifwe l'IIUl1led the-Yl Mr. lkocma said. tbea you
have &iven them $80,000.00 and you are done. Your liability llllder that CCllllrlCt ii limiled IO SI0,000.00.
I am DOI saying they are not aoina to file for an injuDetiaa. buc your liability ii SI0,000.00.
Council Member Gamrt asked. when Council IDUled the baulc, if other people -illriled, by Ccun
and City staff, 1111d if anyone from the Historical Society ~
COUDCil Member Grazulis said she -DOI an they were inviled, althoup she 111d Nqlllllld tbal they be
invited .
Mayor Bradshaw asked if Library Dim:tor l.oaa could amwer tbat.
Mr . Garrett asked if anyone from the Historical Society -invi1ed. M1 . Gnm1il said she laa specifically
asked for Roger Brown to be one of them. but -not sure if be bad been invited.
Director Lona said it was his understandina that the tour -for the bellefk of City COUDCil Uld mfr. and
that is the way we interpreted 11. and that is the invilatioa we put OUl IO City Council . If we lllilladenlood
that. tbeo my apoloa1n , but that wa, our~-We did ....... • lf'C~ ......a 11> invlle
sorra.onc . the y were free 10 do so, but to let III mow bec.-we needed the saiecy ~ iD Older ID p, IIIIO
the building.
COUDCil Member Grazulis recall :d that III an c-aail Ille .... Ille .....-SID 1K -. 11111 •-
not sure bow far that 11ot .
Mayor Bradshaw sa id we did take the tour . and allhollp she admowledeed 111M lllt • 8111 • npen, sbc
was no t impre ssed .
COUDC tl M mbcr Wolosyn said she IOOll tlll 11>111, 118d 1M • 8111 • npa1. .... N 11111 ..W • -
de temunc what pan is from 186,I. 0. dliaa tllat laa-ID• ada, lllt ....._ .....
doc uments that we have r~e1ved over the 1111 IWO yars, • -of-C~ C al~
Englewood City Council
August S, 2002
Page IS
the report from Anderson/ Anderson, and the tint line of that report wu that many believe this building is
the oldest standing ranch house in Colorado. That concerns me, she said. I'm sony, but it does .
Architecturally, I did not see ,.hat I see it as an old building and I do not think we are in a position to go
the whole preservation route. I said that at the last meeting. she recalled. Preservation, u you know, is
more than just saving buildings, it is creating a context, and a life for them aftffwards, and this report also
said this building could not be adaptively reused, because it woll!d have to be adapted to ADA standards, so
you could never use the second floor, and even the first floor hallways would have to be added. Ms.
Wolosyn said she was not in favor of burning it immediately, but felt we should put it out there, since it
may be the oldest building in the state. maybe there is an organization that is more capable of addressing it
I would hate to just do away with something if there is someone who is willing to come forward and give it
what nay be its due. I regret that other people were not in there, because you say that it is a unique
building. One of the unique things about it may be, like so many old buildings. its provenance wu lost
You cannot tell what the original part wu and there are parts added on. lfwe had $600,000 .00 to spend on
historical preservation for our culture in Englewood. I would naybe want to look at other building's
facades along main street that have a broader value to the colllll1Wlity .
Council Member Grazulis commented that that was well said. I do know that on some of the old, historical
buildings. they do not have 10 be up to ADA. if they are not used for anything more than just being
preserved.
Ms . Wolosyn said she had said for a historical living farm sort of thing. Ms . Grazulis said the hallway does
not have to be, but that is beyond the point I am in favor, until we find out more about it and get a better
feeling, I feel like we are almost hastily making a decision because the money is ovenakina our viewpoint.
She suggested warehousing it until we get a little bit further along. and other entities and groups would
come forward. and maybe we can have many different groups do it u a collective effort. We mipt then be
able to raise some of this money, or have the Historical Society do so. I am very hesitant about just
bulldozing it.
Council Member Wolosyn said she is not against returning the grant. because ifwe are in a position where
we are not going to make further invesanents, that might happen.
Council Member Garren said he was looking at the budget and be wanted to be clear. Where it says
stabilization construction, 10 warehouse it. will it cost $140,000.00 to nabilize it to just bold it'~ Council
Member Wolosyn asked ifwe have to do that. Mr . -Oarren said the budget says sllbilization construction.
I want to be sure, when we say we will board it up, we know there will be more than plywood and nails,
aDd I want to k.."IOW what that cost is . It says S 139,000.00. I just want to understand, ifwe motbball it,
which is one of the suggestions. what are we lookmg at. and where are those funds going to come from.
City Manager Sears said Assis1anr City Maruig~r Flaherty and Director Long put together the memo .
Assistant City Manager Flah~rty said he co uld co mment on at least part of that . The project which we
received lhe grant for ,s a S 160.000 .00 project. and it is for the purpose of stabilizin& the structure, and
mitigaung the lead-based pamt on the exterior of the building through an encapsulation process. That
would not address an y of the mlenor elements of the building whatsoever, and, at the same time, the
suucture is undergoing deterioration now . It has been somewhat accelerated by the water damqe that we
had earlier this year. and, if we do not spend money on the property, it will deteriorale llinller. Apin. that
doesn ·, mean it will be next week or ntxt year that it is going to be beyond savina, be said. but what we
have brought to Council, initially. with this grant. is a means ofbrinainl the stnlCtUff imo the CODditioa
that would allow 1110 be c~leted at a later date, at an estinated cost ofS 160.000.00.
Mayor Bradshaw asked. of that ~mounL how nuch of it has been contributed from OUllide EnaJewood.
Mr. Flaherty said the total grant ,s S 160,000 .00. and we ha,·e I grant for $,40,000.00 from the C--.nity
Oe,·elopment Block Grant fundmii with Arapahoe County, and an additional S80,000.00 tbrouab the State
• t
~
·"' ..
• •
Englewood City Council
August 5, 2002
Page 16
Historical Fund, however, we are very rapidly approaching the deadline on the CDBG crant, and probably
no longer have the availability of those fimds, be advised. So basically what we have ii $80,000.00.
Council Member Yurchick said he wu still not clear on what we are getting for the S160,000.00.
Mayor Bradshaw responded tbat we are getting a building to mothball . Mr. Yurcbiclt ukcd what they wen:
doing for S160,000.00. All I beard wu encapsulate the outside lead based paint. What does that mean,
tha1 they are painting the house for S 160,000.00?
Assistant City Manager Flaherty said the S 160,000.00 includes structural stabilization. sborina up tbe
foundation, putting on a new roof, replacing some wood in !he window and door area that baa become
rotted, in addition to the lead based paint remediation.
Direc1or Long said be would like to mention one other thing. If the waller leak bad not hlppened. the grant
for Sl60,000.00 would have done exacdy what we said. It would have lakn care oftbe exllrior oftbe
building for the foreseeable future . The problem came about with the leak. and tbe mu1tul mold within
the building. be said. We did a tour for Mr. Moore this afternoon. and Tom Major. I lmlllioaed tbat the
mold is steadily increasing. We do not have DM>DCy allocated right DOW to addreu the mold iaue. It is
possible that we could come up with additional limds, but that mold iaue baa to be lakn care of, even if
we fix up the outside of the building. something baa to be done now with the inside just to stop the mold
damage, which means ripping out a great d:al of the interior.
Council Member Yurchick asked if the water leak cbanaed the sauctunl condilioo of the builclina-Mr.
Long said there is DO real way of tellina right DOW, until some of the walls ue removed.
Council Member Garren said, for Sl60,000.00, we do wbll we uid we were IINIII to do.11111-we have
the mold problem. Mr . Long said yes. Mr . Ganen asked bow nu:b tbe estill1lle -· Mr. Loaa uid when
Mr. Major did the tour for us the other day, he thought it would be around S30.000.00. bul tbat -W only
address the north section of !he house. not the entire house .
Mayor Bradshaw said the south section had mold because there is DO fouadalioo under that ponioa. Mr.
Long said that is correct. the entire house has mold. there II ubestol tbroughoul the boule, 111d there ii
work that has 10 be done. and we have to come up with the money to do n.
Mayor Bradshaw said they used asbestos mastic on the tile. Mr. Lona said conect
Mr. Garrett said we :arc :u S 190,000.00 and only dealing with the north side mold, $30,000.00 for the north
side: mold, so we: have: S 160.000 .00 . plus 530,000.00 plus we have: other mold 111d ubcstol issues that are
unknown al the moment Al the same ume. 1f we: rclUm the: $80,000.00 back to the Staie, that ii all on the
City's nickel .
Council Member Wolosyn said the $80.000.00 wu for stabilization. npa? Mr. Lona said rigb&. ii wu pan
of the S160 ,000 .00 gran1 .
Council Member Garrett said be hc:ard one C011111:il person say we would retun1 tbe SI0,000.00 so we c:u
presern our options. so we do DOC have tbe • year problem. C-il Member Wolalya aid* dloupl
by relUmlJl8 the SS0.000 .00. you .:owd jlDI le: tt sat there. in caN ---fwwud ad w.ad ID
lake: care of dus ISSUC, but II sounds hkc we ba\c 11> do tbe llabilinlioe m order 10 • -elle aw 111
opnon. Ms . Wolosyn said she don not ba\·~ a problem with lpllldma ->'• bul we have ID_..
Judgmenis abou1 "'here we spmd money in 1he COlmlllllll)', llld "''bat II aood for tbe c~. For mr, I
do DOI sec: dus u a really long 1Cm\. broad \alUC
t
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Englewood City CoWlCil
August 5, 2002
Page 17
Council Member Nabholz said you know my feelings on the Skcrritt House . When I took the tour the other
day, I personally did not think the mold was that bad in there . I would like to like a look, within the next
month. if possible. al every option we have available . How 10 save it. what needs to be done to save it, and
maybe even. possibly , and I hate 10 say this , a sale , as is, with a stipulation about ii being an historic site .
Council Member Yurchick said. if we just keep the house, and do zero stabilization, zero re-roofing, just
gel paint on ii so it docs not look like an eyesore, what would that cost us? Director Long said it was not
just a simple thing of painting it, because you have the lead based paint OD the exterior. Mr. Yurchick
asked why we can't just paint over it, as is. Mr. Long said be is not an envinmmenlal eqinecr, so be
cumot answer that. It is my understanding that it has to be cncapsulalCd wilh I special kind of paint, IO
lhcrc is I cost factor lhcrc. Just to paint it, I have no idea, be said, but we could probably come up with an
answer for you very soon . You still have a house that is sttucturally questionable.
Council Member Yurchick said that puts a time fuse on i1, if someone wants to buy it and preserve it, Ibey
have a sauctural issue to deal with before the thing caves in, so it puts I time limit OD dealing with the
project. If we go in and stabilize ii, and sell it to someone, ii could sit lhcrc for anc,tt,er twenty years in the
condition it is in.
Mayor Bradshaw said that is what Council Member Nabbolz said, that lhcrc would be certain demands on
the sale that they would have lo do something in a certain amount of time.
Mr . Long said. again, I am a librarian, not an engineer.
Council Member Yurchick ~id his concern is that it is j ust an eyesore, when you come from~ and
go west. it is an eyesore on the hill . If we are going 10 keep it . at a mininaun we need to paint it.
Council Member Moore said, for the record, he visited the house today and could not tell which part of the
house was 1864 versus 1964 . II was very hard 10 see how life in 1864 was like by dlis house . Also, the
amount of money required 10 do the right thing here is trenmidous. and I -DOC convillced ii is in our
citizens' best intere st and I would love 10 sec the Historical Society, ifit is dal iqlonam, to help III Old.
step up with some serious funding for it. because right now, I do not feel it is a rapomible action oa our
part for the rest of our citizens .
Mayor Bradshaw asked if they were 10 the point where they could mike a motion of some son.
COUNCIL MEMBER YURCHICK MOVED. AND IT WAS SECONDED, TO RAZE THE
SKERRJTT HOUSE.
Counc il Member Moore asked what ii would like to find out what fundin& is available from the Historical
Society. Do we have the information already? Have wc already done our due diligence. requeatcd all the
funds , or arc there st ill funds 1ha1 c:m be acquired for this'!
Council Member Grazulis said she realized that wc had a professional come in and take a look, and there
arc always second opinions on what it would like. lbc co~y that did the actual usesunenl of ii and
realized these costs. did the y have any other stake in i1, like recorrmendiJla who wwld do this, she ukcd.
I realize there woulJ be a code of ethics there. but I was just thinkina tbal nillcty perccal of the hDlllel in
Englewood havr lud based pamt. and they have children hv1n1 in them. It seems like m order to j1111 make
tlus an h.t stoncal place whrre kids arc not aomg 10 be gnawing on the pallll. these prices are sail
astrononu cal. I think we are i;omg so far ove r that n JUSI seems outlandish 10 raze ii because of lhaL Ms .
Grazulis said she snll has a problem wuh takma 11 down without someone cltc steppiaa up liam the Sca1t
Historical Society and tclhng us where tht filnds arc availablr . I would love to sec where these 1111111s IR,
and then I will vote on the odwr side, she uid.
....
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En&Jewood City Council
August 5, 2002
Page 18
Vote results:
Ayes:
Nays:
The motion wu defeated .
Council Members Garrett. YIU'Cbick, Bnidsbaw
Nabholz. Moore, Wolosyn, Gruulis
Council Member Wolosyn said plan B, to her, would be how do we get it into the hinds of another
responsible party, not how we get more money 10 restore it ourselves .
Council Member Garrett uked if she hid a time frame . Ms. Wolosyn said by Cbristmu, beca111t nodlina
we want to do there is goina to get done by the end of the year.
Mayor Bradshaw said. by not making a decision. we have made a decision.
Council Member Moore said one month from now he is prepared to say yes to lbat -question ifhe has
not seen sometbin1 about the additional funds being avadable. He uked what dircctioa is needed for staff.
Mayor Bradshaw said we are looking at the first meeting in September .
COWICil Member Wolosyn said she just wams to find a way to put it into other bands. Mayor Bndlbaw
said her concern is the property . She said she toeally disaarees with the four of diem. TIie pn,peny site has
significance. Walking through that house wu ridiculous, she said . There wu 1960's carpet, peelin& paint
with many different colon. and five different kinds of gutters on this house, Ille said, ud we are delayina a
process. We bought the house to preserve it if possible, if not the site, and now I see 111cbanain& fiomour
original intent.
Council Member Gnzulis said she could see how she felt. and would apw with her if then were no ocber
ways.
Council Mame, Moore said he is ninety-nine percent with her, but in Iii.-10 die c:ililem tllll this is
very important 10, he is willina to give one more moalh. Council Member Wololyn llid Ille would ao with
a mouth also. Council Member Gruulis said she would like six -ts. '
Mayor Bradshaw asked what information is needed . City Manaaer Sean said we cu follow up with bis
statement, and take a look at some alternative funds .
Mayor Bradshaw said we do not have S 160,000.00, we now have S 120,000.00 CDBG -,,.
City Manager Sears asked if there wu a pool for CDBG money that we could go back into. Mayor _
Bradshaw said this is a whole other issue who we apply to. Mr . Sears said they could provide to Council,
within thirty days , a list of what the State Historical Society gives to us . and tbea we can spend a liale bit of
time looking at some other alternatives from a financing viewpomt
Mayor Bradshaw said. if this does go south. and we do have to. in fact. raze it, I do not want tbe Slate
Histonc:al Society, well 1hey can do what they want. which tbty always do uyway, but I WUll lbem to
realize that you do not blackmail a city by saying if you do not Ille this-,, to do dlis, you _'I pt uy
money ever agam. and I really did not like that cOIIDlffll at all .
Mr . Wolfe stated fiom the audience that that wu not lua llalefflnlt.
Mayor Bradshaw said ouy.
Council Member Yurchidt asked 1fthey could keep die SI0.000.00 lalilr farce tmjeun. City Allllnlly
Brotzman said no . They p,·c you S&0.000 .00, and if you ue not aoiaa lO me ii, you aive it back.
• •
Enalewood City Council
Aupst S , 2002
Page 19
Council Member Garrett asked if we have to give ii back now , or CID we bold on to it, since we are
delaying the decision.
Assistant City Manager Flaherty adviJed that we actually have grant aulborizatioo for $80,000 .00, but have
only drawn about $14,000.00.
Mr . Yun:bick felt. ifit is our intent to let someone else pick ii up, we sbouldjuat give it back now. Council
Member Garrett said no, we had four Council members who voted to not nze tbe building, so there are two
different plans. Council Member Moore, be said, sugested finding out what other funding soun:es are
available, which is different from Council Member Wolosyn' s plan.
Ms . Wolosyn said she is hoping another organization comes forward .
Mayor Bradshaw asked if staff was cleu on their direction. City M-aer Sean said staff would come
back with tbe best funding altcmative sources to Council within a IIIOllth.
Mayor Bradshaw said if anyone ellc wanll lO S1lep up to tbe plalle. is what Council Member w olosYn WU
saying, not just staff driven, but historical society or whoever.
Council Member Grazulis fell all historical socielies from all over should know about this so Ibey CID help
111. Mayor Bnidsbaw said staff needs to get the word out.
City Manqer Sean said, with Council's permission, we will get the information out to the school district,
and maybe some other ICboola. to see if they have an illlilnlt in that &cility. We will put a DOCice out, but
for the im11 pan. my approach will be to come back wida any -ftmdina -we c:aa -up widL
Council Member Wolosyn asked if tbe SClle Historical Society would lmow of orpaiDlioal that are
wtlling 10 take it over. Mayor Bradshaw said so that tbe burden is on tbe Stale Hilloric:al Society.
Ms. Wolosya agreed that. to our city, the site is valuable. and die saucuae illclfmay be valuable because it
is die oldest ranch house .
(viii) Mayor Bradshaw said she bad been uked by tbe Urban Land !mtilUlle to serve
on a forum. If Council approves it. it is airfare only, everydling ellc is paid for, and tbe airfare to Salt Lake
City for one day is going to be 5300.00. she :idviled. She said she would get a paper out to COUDCil.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS Sl:CONDW. TO JUND MAYOR
BRADSHAW'S TRIP TO THE URBAN LAND INSTITUn: IN SALT LAD CITY.
Ayes : Council Members Nabbolz, Moore, Ganea, Wolosya,
Y urcbick, Grazulis
Nays : None
Absta in: Mayor Bradshaw
The mouon carried.
(b) Counc il Members' Choice
(i) Council MemberGrazulis
I . Sht sa id they would all be altcndina NabODal Nigbl Oul tooan,w m,lll.
2. She mninoned that today. :about noon. lhere wu a bike auaomobile accideal there al Radcliff' and
L111Coln. and lbry look :a maddlc-alCCI FJlllelmn awa y with bead injuries. She mllraled that ii .......
Englewood City Council
August 5, 2002
Page 20
the narrowness of the street and limited visibility for the twenty-five mile per hour speed limit. With
school staning on August 19111• 1 would like to see us put in either the Herald or our Citizen or something, to
please remember to watch out for li nle ones. because school is staning .
(ii) Council Member Yurchick
1. He felt the City session with ACE went well. He asked Council to consider adding to an
upcoming Study Session a look at their recommendations for Co11111:il and suff, and see what we want to
do, and then come back with a commitment to the conunittee.
2. He suggested having one of COUDCil 's ou11ide fOIIIIIII geared more towards businesses . Maybe we
could have it at a central location, like Flood Middle School, and gear it more as a business forum, rather
than a citizen forum.
3 . He said it always concerns him when be gives a request to Code Enforcement and there is always
somediing added on Ibey say I have requesml, !bat I did not. This is a perfect exaq,le in the packet. where
I have a citizen complaint about dog feces at Soudi Emerson, and all of a sudden it becomes excess number
of clop and dog feces . There was no complaint on the number of dogs. Gramed, there were four dogs
there, but Ibey were grandfathered in, and she did DOI have ID issue with it. But it bothen me. I don't
know if this is a Code Enforcement agenda or what, but ii always seems to get tagged on hese requests a
lot He requested that Ibey follow up on reques1s as stated, not as they want to do.
(iii) Council Member Wolosyn
1. She said after the Study Session, Terry Dion asked me to bring COUDCil's anemion to the lener she
put in front of us . She said she commemed to her dult it is a shame dult this beanay, this one remark,
would destroy something. She felt like she followed dult. and dull our slaff worked really well and very
hard to minimize the ~I with her. I told her this and she actually agreed widi me and said dult Slaff is
continuing to work with her.
2. She said she went to the meeting of the City Ditch neipborboocl group. At the Council meetiD&,
Ms . Wolosyn said she supported the water dcpartmmt because she undentood !bat reducing waa in the
ditch at this time was pan of a greater dialogue, in which we were to aet a loaa-lmll apeement to nm
water in the City Ditch. At dull meeting. I told Director Fonda, but I feel lib I did DOI drive it home, dult
we need to see that agreement with the Denver Water Board in wnting. I -son of dillmbed dull our
water board was not apprised of that meeting before we were . Sbe said sbe unden1lada dull tbis ii ID illue
of dra~ghl right now , however, the issue at hand is a long-term issue, for two years. The City of Denver is
making sure that the aesthetic amenities that went along widi the City Diu:h are still available in tbcir City,
llnd 1 think it is our duty 10 make sure that they are available in our cOIIIIDIDity also . lf pouible, sbe
asserted , I would like something available by the next water board meelin&, She felt dull sbe had stood up
for Director Fonda, and she wanted to be sure be would stand up for these people.
City Manager Sears said be would ask him 10 get a full report to Council and to the water board.
Ms . Wolosyn mdded that everyone in this group thinks that Bill McCormick ii a woaderflll 111111, and that he
has worked so well with them. City Muiager Sean said he would pus that on to bim.
(1v) Co uncil Member Nabholz
1. She said she has one lencr on the Skerrin house and six pbaac calls. all in l'lvor of III taJtiaa care
of II and rehab11i11nn11 11.
...
..
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• •
•
Englewood City Council
August 5, 2002
Page 21
2. She said Delores Robens, in the 3000 block of Elati, would lib to taUt to Direcior Ross about
four -way stops . She is demanding four-way stops. I !old her there wu a lot involved, but you would be
glad to talk to her .
3. She wished everyone fun tomorrow nighl
(v) Council Membe: Moore
I . He thanked Director Long for accommodating a tour of the Skmin house for him, since he could
not make it to the prior one , especially going into IOnight's discussions .
2. He said, on the Mono issue , it bas been a pain for a lot of us, and he lhanked Council for dleir time
on the matter.
(vi) Council Member Garren
I . COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO AUTHORIZE
SUPPORT FOR THE MASONIC LODGE GOLF TOURNAMENT. BY SUPPORTING ONE
FOURSOME.
Ayes:
Nays:
The motion carried.
Council Members Nabbolz, Moore, Garren, Wolosyn.
Yurchick, Grazulis . Bradshaw
None
2. He said he wished !bat Jim Rees was here, because he says we always vole the sune and I would
like to point out that we do not always do that.
•••••
Council Member Wolosyn said she had one other thina she foraoL She said she saw David Taylor perform
The Four Seasons on Friday night at the Lakewood Cultural Ans Center, and he spent lbe entire
introduction praising our CityCente· lnd telling people to come out, so I tboupt it wu nice ofbim. He did
not know I was in the audience. she .,,ud.
13 . City Mana1er's Report
(a) City Manager Sears thanked Council and statT. especially Mike Flaberty, for takiq care
of the City for the last couple of weeks .
(b) City Manager Sem iaid we are in the throes ofbudaet. It is my goal IO come tot1etber
wtth a full and substantial budget that meets the goal of havm11 a rwelve perceni reserve by the end of 2003 .
We :ire going through Uldiv,dual department directors . and ,io far it bas been a linle bit difficull There is a
laundry list that I know we are gom1110 end up with on nems that we all would like to see happen. but just
do not have the funds to do. We will be prewnllll& thosc to Council this next momb. he advised. We are
going into the bud1et wtth rwo percent undrr what we curmuly ba\·e this )'ar. and an illllenl to provide the
balance of services. :lllll yet kecp1111 us in a financially stroas positioa. We have not lakn a lilll-timc
h,nng free ze. munly because we have a number of Satety Stn'1Cn people that we feel are nlClllial to
come on board. however we have cut back where we can 1111 Parks and Rccration, lllfomatioo
TechnoJo&y. and a number of other places where we felt n jlllt wu -approprillr IO ID wi1II the llall-timc
lunn1 mt tlus tunr Mr . Sean lelt the drpanmrnt heads were oa board, bul we do have a pl ofllllkiat
about a two nullion dollar amount for next ynr, and we are aoina to lake a look II every way we caa do
that.
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Eq.lewooct City Council
August s. 2002
Page 22
(c) City M-,er Sean lDl'Dliwd 11111 tbe Awl Cily l!q,loyee Picaic would be dlia
Friday, and Council is certainly welcome ID come ID that, ata.ma, Padc 6om 11:00 to 2:00 p.m.
14. City Attanaey'1 lleport
(a) City Attorney Brotzmm lbanbd Couaeil for DOt •vms tbe Couaeil meetma cnoer e-llllil
and for tbeir refusal 10 do that E-mail is jlllt tbe same u pbaae COIMllllliom or when you are toptber, be
said. You cumol have three of you baviaa a public policy dilcuuian-e-aail .
•••••
Council Member Onzulis said she may DOt be here nexr Monday nipa, u she might still be out or town.
•••••
City Mampr Sean advised tbat next Monday is soma to be a 10up 11ipr, became we have Ilea in
neaoti11iom 111d ctitcuuiom with RTD repnliDa Bala Station, 81111 we 1R Fial .... lam a 11111'
viewpoint when Bates Stalioa ii aoma to be, bat it will be ~ dlll Coad be dlere, or ll lalt we
provide tbe informaaoa to Couaeil about tbe llalioa. Tbe ~ IR pnay ..... ripl DOW wida
R'Jl), 81111 be felt tbe fban ore.. S1alioa will be for review in delail 1111111 week.
15 . Adjoanm..at
MAYOR BRA.DSIIA W MOVED TO ADJOURN. The meetma wu ~ at 9:13 p.m.
PLEASE PRINT
NAME
PUBLIC COMMENT ROSTER
DATE:Auguat11,2002
UNSCHEDULED VISITORS MAY SPEAK
FOR A MAXIMUM OF FIVE MINUTES
ADDRESS
D
P R O C L ..\ :\l .-\ T [ 0 :,.;
WHERE.-\S. substance use and abuse 1s a maJor public health problem that affects
millions of .-\mer1cans of all ages. races and ethruc backgrounds. m all co mm uruties and
which has .1 huge medical. soc ietal and economic cos t : and
WHEREAS. substance abuse 1s a treatable disease and treatment of addiction 1s as
successful as the treatment of other chrome diseases s uch as diabetes. hypertension and
asthma: and
WHEREAS . thousands of health ca re pronders have dedicated their lives to the recovery
process and to the education of the pubhc about alcoholism. drug dependence a nd treatment
issues : and
WHEREAS . the l'. S . Department of Health and Human Serv1ces. Substance .-\buse a nd
:\lental Health Services . .\dm1rustration·s C.?nter for Substance . .\buse Treatment: and t he
Office of '.\lauonal Drug Co ntrol Poiicy : invite all residents of the City of Englewood . Co lorado
to participate 1n '.\lnnonal .-\lcohol and Drug .-\dd1ct1on Recovery :\lonth : and
WHEREAS. acknowledgmg September :!002 as :-.ianonal .\lcohol and Drug . .\dd1 ct1o n
R<!CO\'er,· :\-lonth nt'fers md1v1dual s m the sub s tance a buse t reatment co mmunity :m
opportunity to educate the public and policymakers about the ei'fectt\'eness ot' treatment.
both 3oc1etal and financial: and
WHEREAS . ,m behalf nf t he cm zens of the C1t\' •>t Eni;lewood. Col orado. l :1m pleased o
celebrate Septe mber :!002 as :,.i,monal Alcohol and Drug .-\dd1ct1on Rec ove ry :\lonth m the
Ci ty of Enith,wood. Colorado : a nd
:,.iO\\' THEREFO RE . I. Be\'erly .J. Bradshaw :\l ayor of t he ~1ty f Englew od. Coiorado.
hereby procl :um t ht' month •>I September :!00:! M :
'.'IIATIONAL ALCOHOL .-\:,.iD DRliG .-.\DDICTI0:,.1 RECOVERY MONTH
in t he C1t\' •>f En1?lewood . Colorado . I u~ge all or' our re5 1d ents o ;o m togeth er ro ·.JOI:'.\ THE
\"O!CE .. nF RECO \'ERY .. -\ C.-\LL TO .\C'TlO'.'<"' b,· ~upp omng men. wom ~n .111d yo uth who
are m drug .md c1lcoho l ,1dd1 ct1 011 treatmcm and recoverv clnd their fam1hes .
(;(\ "E:'.\ u nd e1· my hand ..ind ,ea! this 19th rin" of . .\ugu3t . :!00:!.
8,;\'erh· .; Bracl,h.w: ~l..i rnr
,.
'
... ..
• •
A RESOLUTION APPOINTING JASON FISH AS A YOUTH MEMBER TO THE PUBLIC
LIBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, Jaaon Fiah haa applied for appointment to the Enclewood Public Library
Board;and
WHEREAS, the En1lewood City Council deaire8 to appoint Juon Fiah to the Enclewood
Public Library Board; and
WHEREAS, Juon Fiah meeta the requi.rementa Mt forth by City Council for
appointment aa youth member to the Public Library Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
$@ctign 1. Jaaon Fiah is hereby appointed to Enclewood Public Library Board with
term elfective Au1u&t 19, 2002 and expirin& July l, 2003.
ADOPTED AND APPROVED this 19'1' day of Ausuat, 2002.
BeverlyJ. Bradabaw, Mayor
ATTEST :
Loucriahia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Reaolution No .~ Seriee of 2002.
Loucriahia A. Ellit
•. _,
SERIES OF 2002
A RESOLUTION REAPPOINTING KENDRA GRAZUUS AS A YOUTH MEMBER
OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF
ENGLEWOOD, COLORADO .
WHEREAS, Kendra Gruulia ia a current member of the Enp-ood Parka and Rec:nation
Commiaaion;and
WHEREAS, Kendra Oruulia' current t.erm upina July l, 2002; and
WHEREAS, Kendra Gruulia baa applied for reappointment t.o the EncJewood Parka and
Rec:nation Commiuion; and
WHEREAS , the Eqlewood City Council desiree to reappoint Kendra Oruulia to the
En&l-ood Parka and Recreation Coauniuion.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT :
S@stipp 1. Kendra Gruulia ia hereby reappointed aa a youth member to the Parka and
Rec:nation CommiDion with a term effective Auruat 19, 2002 and expirin( July l , 2003.
ADOPTt!:D AND APPROVED thia 19* day of AllllM, 2002.
BeverlyJ. Bndabaw, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Lou crishia A. Ellis . City Clerk for the City of Eqlewood , Colorado, hereby certify the
above ia a true copy of Reeolution No .~ Seriea of 2002 .
. t
~MO._ fttttts OF 2002
A RESOLUTION APPOINTING CHRISTOPHER JONES As A YOUTH MEMBER TO THE
PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD,
COLORADO.
WHEREAS, Christopher Jones has applied for appointment to the Eqlewood Parka and
Recreation Commiaaion u a youth member; and
WHEREAS, the City Council desires to appoint Christopher Jones u youth member to
the Parb and Recreation Commiaaion;
WHEREAS, Christopher Jones meets the requirements eet forth by City Council for
appointment as youth member to the Parb and Recreation Com.miNion.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, THAT :
$m;tipn 1. Christopher Jones is hereby appointed as a youth member to the Parka and
Recreation Commiaaion with a term beginning Auguat 19, 2002 and upirina July l, 2003.
ADOPTED AND APPROVED this 1,.. day of August, 2002.
Beverly J. Bradabaw, Mayor
ATTEST :
Loucrishia A. Ellis. City Clerk
I, Loucriahia A . Ellis, City Clerk for the City of Ens}ewood, Colorado, hereby certify the
above is a true copy of Resolution No ._ Seriea of 2002 .
Loucriahia A. E1lia
COUNCIL COMMUNICATION
Date Apndaltem Subject
August 19, 2002 10a i Ordinance adopting amendments
to the City of Enslewood Police
~ Ofllcen Pension Plan Document
lthe Plan)
Initiated By Staff Source
City of Englewood, Finance and Administrative Frank l..rygfewlcz, Director
Services Deoartment j I
' .
COUNOL GOAL AND PIMOUS COUNOL ACTION
The City Council passed Ordinance 47, Series of 1999, adopting an amended City of Enalewood Police
Officers Pension Plan document
RECOMMENDED ACTION
Staff recommends the City Council approve the attached bl for an ordinance.
BACKGROUND, ANALYSIS, ANO AllllNATIVES IDEN11FIED
This ordinance does not substantially change the current level of pension benells for the Police Otllcers
Pension Plan participants. The ordinance adds the Internal Revenue Service's (IRS) reqund chanps to the
Plan as stated in the IRS Letter of Determination.
The Plan document is amended to comply with federal requnments.
FINANOAL IMPACT
None.
LIST OF ATTACHMENTS
Gorsuc h Kirgis letter
IRS letter
Proposed ordinance.
GORSUCH KIRGIS LLP
ATTOII.NIYS AT I.Aw
TOWII. I. Sum 1000 I !SIS AI.APAHOI Stl.llT I DINVII.. COLOI.ADO 10202 I TIUPHONI (303) 376·S000 I FACSIMIU (303) 376-SOOI
TIMOTHY J. PAI.SONS 011.!CT DIAL (303) 376-SOII
email : q,anomegonucli.com
May 29, 2002
BY FAX AND U .S. MAIL
Mr. John Santore
Internal Revenue Service
TE/GE Division
2 Cupania Circle
Monterey Park, CA 91755
Attn: J. Santore; Group EP 7685
RECEIVED
DEPT. OF RNA11c~
9!S!.!Yffl0o -
Re : City of Englewood Police Officers Pension Plan
Plan Number 002
Dear Mr . Santore:
As requested by your faxed memo of May 13, 2002, we have enclosed a
copy of proposed Amendment No. Two to the City of Englewood Police Officers
Pension Plan .
If, on the basis of the proposed Amendment, the I.R.S . issues a favorable
determination letter on the qualified status of the Pension Plan, the plan
sponsor will promptly adopt the proposed Amendment.
TJP\57660\41158l .OI
Mr. John Santore
May 29, 2002
Page 2
Should you have any questions on these matters, please contact this
office .
Enclosure
Very truly yours,
GORSUCH KIRGIS LLP
cc (w/encl.): Ms. Carol Wescoat
TJP:nj
TJP\57660\411582 01
Retirement Administrator
City of Englewood
1000 Englewood Parkway
Englewood, CO 80110
INTERNAL REVENUE SERVICE
P. 0. BOX 2508
CINCINNATI, OH 45201
Date: JUL I Z mz
CITY OF ENGLEWOOD
1000 ENGLEWOOD PKY
ENGLEWOOD, CO 80110-0000
Dear Applicant:
.'UL O ZOC: DEPARTMENT OF THE TREASOllY
QEPt. Of FIN~NCi
~yer Identification NUmber:
84-0672718
DLN:
17007025000002
Peraon to Contact:
JOHN SANTORB
Contact Telephone NI.Imber:
(877) 829-5500
Plan N-:
ID# 95020
CITY OP BNOl.BWOOD POLICS OPPICDS
PENSION PLAN
Plan Number: 002
We have made a favorable determination on the plan identified above baaed
on the information you have supplied. Pl•••• keep thia letter, ti. applicatiOD
forms submitted to request this letter and all correapondence with the Internal
Revenue Service regarding your application for a determination letter 1D your
permanent records. You must retain thia information to preaerv. your reliance
on thi• letter.
Continued qualification of the plan under ita pr .. ent form will dapead
on its effect in operation. See aection l.401-1(~) (3) of ti. IDc:oae Tax
Regulations. we will review the atatua of tha plan 1D operation periodically.
The encloaed Publication 794 explaina the aignificance and the acope of
this favorable determination letter baaed on the determination requeata
selected on your application forma. Publication 794 deacr~• tha information
that must be retained to have-reliance on thia favorable determination letter.
The publication also provide examples of the effect of a plan'• operation on
its qualified atatua and discuase• the reporting requirement• for qualified
~lans. Please read Publication 794.
This letter relates only to the statua of your plan under tha Intftrnal
Revenue code. It is not a determination regarding the effect of other federal
or local statutes.
This determination i• subject to your adoption of the propoeed amenclaenta
submitted in your letter dated 05/29/02. The prcpoeed amendaente
should be adopted on or before the d&te prescribed by tha re,ulatioae IIIMler
Code section 40l(b).
This determination letter is applicable for the e-.at
on 04 /21 /00.
t (e ) ~ted
Issues arising from the amendment of a def1Aed balletic flaa '• ....,it
formula to convert that formula into a c .. h balaace t,..e ..... fit f..-.ala ...
under study, and thia determination letter doea _, --...... • .. ~ • _,-
of th••• issues . A caah balance type forlll&la ...-rally 6afuaea • llllllleflt tes
LMtew IH DO/
-2-
CITY OP -...COD
each employee by reference to a •~le-aum &IDOl.lllt, •u9h u 10 percent of final
aver&9e pay ti-• yeara of aervice, or the amol.lllt of the employee••
hypothetical account "lance.
Thi• letter conaider• the ch&Jl9e• in qualification requirement• made by
the Urug-uay Round Agreet11enta Act, Pub. L. 103-415, the ..ii Bwtineaa Job
Protection Act of 1,,,, Pub. L. 106-188, the tlniforaied 8ervicea Blllployllellt
and Reemployment Right• Act of 1996, Pub. L. 103-353, the TaxpaY!lr Relief Act
ot 1997, Pub. L. 105-36, the Internal Revenue Service Re•tructur'ing and Reform
Act of 1,,1, Pub. L. 1os-20,. and the COIIIIIUl1ity Renewal Tax Relief Act of 2000,
Pub. 1.. 10,-556.
Thi• letter may not be relied on with respect to whether the plan
•atiafiea the requirement• of aection 401(a) of the COda, aa allleDdad by the
BcollClllic Growth and Tax Relief Reconciliation Act of 2001, Pub L. 107-lC.
The requir-.nt for employee benetita plane to file -.-ry plAD
deacriptiona (SPD) with the U.S. Depart:aent of Labor wee eliminated effective
Auguat s, 1997. Por more detail•, call 1-800-998-7542 tor a free copy of the
SPD card.
We have aent a copy of this letter to your representative u indicated in
the power of attorney.
If you have queationa concerning thia Mtter, pl .... contact the peraon
whose name and telephone number are •hown above.
Enclo•ures :
Publication 794
Sincerely you.re,
P~!t.~_
taul. T. lhulta
Director,
Bmployee Plana Ruling• " Agre.-nta
IAtter 135 (DO/CO)
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I, Loucriabia A. Ellia, City Clerk oftbe City ofBJll)ewol,d. Colorado, hereby
certuy '1,at the above and forelOinl ia a true copy of a Bill l,r an Ordinance,
introduced, read in full. and pUNd Oil &m nadiq cm tbe 19th day ol Ausun. 2002.
-2-
.-\~lENDME;liT ~o . r.vo
TO THE CITY OF E:-iGLEWOOD
POLICE OFFICERS PE),jSlON PU.~
(AS A.\llENDED .-\:SD RESTATED
EFFECTIVE JANl'.-\RY !. 1999)
Pursuant to the authority of the Cicy of Englewood :ind the provisions of Mticle xm .
Section l of the Cir/ of Engle•Nood Police Officers Pension Plan ( ..\s .-\mended and Resuced
E:'fect1\·e Januar y l. 1999 ) (the 'Plan ''), the Plan is hereby .une:-.ced. effe-.:me fanu;£r :. 1.
!00 l. except as otherwise noted. 3li follows :
l. .-\rtic!e XI. is :1mended . effect ive Janu:ir:: l. !00 i. by :idding l :iew subsec:ion
e .. to re:id l3 follows:
e. Com~ensacion .
For limitation ye:irs beginlling on or after Ianuar:, l , !001, tbr purposes of
applying the limitations stated in Article XI of this Plan. compensation paid or rruide :1vailable
dur ing ;;uch limitation years sh:ill include ele::tive wounts that :ire :iot-inc!uJible in the ,ross
income or the employee by re:ison ot' Code § 1 j11J11..i.).
!;Ii WIT;IIESS WHEREOF . md :1S conclusive evidence ,)f i:he 3doption •lf the foregoing
instrJment comprising .-\mendmem '.'lo . Two ,o the City of Englewood Police Officers Pension
P!:in ·--~" .~mended lnd Restated Effective January l. 1999;. the Empil>yer 1w .:3Wied itS se:iJ
co be atii ~ed hereto and these presems tO be July e:<ecuted in its :wne 311d behalf by its proper
officers thereunto :iuthorized mis _ day of __ , !00:.
COUNCIL COMMUNICATION
Date Agendaltem Subject
August 19, 2002 10a Ii Ordinance adopting amendments
to the City of Englewood
Rreftghters Pension Plan
L Document (the Planl
Initiated By Staff Source
City of Englewood, Finance and Administrative Frank Gryglewicz, Director
Services Denartrnent ' r
-. -,
COUNOL COAL AND PREVIOUS COUNOL ACTION
The City Council passed Ordinance 46, Series of 1999, adopting an amended City of Englewood
Firefighters Pension Plan document
RECOMMENDED ACTION
Staff recommends the City Council approve the attached biU for an ordinance.
BACl<CROUND, ANALYSIS, AND ALTERNATIVES IDENllflED
---
This ordinance does _not substantially change the current level of penlion benefits for the Firefighters
Pension Plan participants. The ordinance adds the Internal Revenue Service's (IRS) required changes to the
Plan as stated in the IRS Letter of Determination.
The Plan document is amended to comply with federal requirements.
FINANCIAL IMPACT
None.
LIST OF AlTACHMENTS
Gorsuch Kirgis letter
IRS letter
Proposed ordinance
GOR;,UCH KIRGIS LLP
ATTOlNm AT L\w
Town. L Sum 1000 I ISIS AMPAHOI STUlT I DINVII.. COLOIADO 10202 I TILIPHONI (303) 376-SOOO I fACSIMIU (303) 376-SOOl
TIMOTHY J. PAI.SONS DIUCT DIAL (303) 376-SOU
email: tpenonseSonuch.com
May 29, 2002
BY FAX & U.S. MAIL
Mr. John Santore
Internal Revenue Service
TE/GE Division
2 Cupania Circle
Monterey Park, CA 91755
Attn: J. Santore; Group EP 7685
RECEIVED
Re : City of Englewood Firefighters Pension Plan
Plan Number 003
Dear Mr. Santore:
As requested by your faxed memo of May 13, 2002, we have enclosed a
copy of proposed Amendment No. Two to the City of Englewood Firefighters
Pension Plan .
If, on the basis of the proposed Amendment, the I.R.S. issues a favorable
determination letter on the qualified status of the Pension Plan, the plan
sponsor will promptly adopt the proposed Amendment.
TJP\57661 \411577.01
Mr . John Santore
May 29, 2002
Page2
Should you have any questions on these matte1 s , please contact this
office.
Enclosure
Very truly yours,
GORSUCH KIROIS LLP
cc (w/encl.): Ma. Carol Wescoat
TJP:nj
TJP\57661 \411577 01
Retirement Administrator
City of Englewood
1000 Englewood Parkway
Englewood, CO 80110
INTERNAL REVENUE SERVICE
P . 0. BOX 2508
CINCINNATI, OH 45201
Date 'Ill I z az
CITY OF ENGLEWOOD
1000 ENGLEWOOD PltY
ENGLEWOOD, CO 80110
Dear Applicant:
jl.)\.. DSPARTMENT OF THE TRBASt:RY
f f\1\•\"t.l
ot.". '\.£••000
~loyer Identification Number:
84-0680389
DLN:
17007029001042
Per1on to Contact:
JOHN SA1ff0U
Contact Telephone Number:
(877) 829-5500
Plan Name:
ID# 95020
CITY OP BNGI.B1fOOD PIUPIGBTBRS
PENSION PLAN
Plan Number: 003
We have made a favorable determination on the plan identified above baaed
on the information you have supplied. Please keep this letter, the application
forms submitted to request this letter and all correspondence with the Internal
Revenue service regarding your application for a determination letter in your
permanent records. You must retain this information to preserve your reliance
on this letter.
Continued qualification of the plan \U\der its preaent tor111 will depend
on its effect in operation. See section 1.401-l(b) (3) of the Inc:ome Tax
Regulations . We will review the status of the plan in operation periodically.
The enclosed Publication 794 explains the significance and the scope ot
this favorable determination letter based on the determination requests
selected on your application forms. Publication 794 describes the information
that must be retained to have reliance on this favorable determination letter.
The publication also provide examples ot the effect of a plan's operation on
its qualified status and di1cua1e1 the reportiJll!J requirements tor qualified
plans . Please read Publication 794 .
This letter relates only to the status of your plan under the Internal
Revenue Code. It is not a determination regarding the effect of other federal
or local statutes .
This determination is subject to your adoption of the proposed amendments
submitted in your letter dated 05 /29 /02. The proposed amendments
should be adopted on or before the date pre1cribed by the r89Ulations under
Code section 40l(b).
This determination letter is applicable for the &111e11dment(1) executed
on 05 /01 /00.
This letter considers the change, in qualification requirements made by
the Uruguay Round Agreements Act , Pub . L . 103-465 , the Small Bulin••• Job
Protection Act of 1996, Pub . L. 104-188, the uniformed Services Elllployment
and Reemployment Rights Act of 1994 , Pub . L . 103-353 , the Taxpayer Relief Act
Letter 835 (DO /CG )
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CITY OP INGLEWOOD
of 1997, Putl . L . 105-34, the Internal Revenue Service Re•tructuring and Reform
Act of 1998, Putl . L. 105-206, and the C011DU11ity Renewal Tax Relief Ac:t of 2000,
Put,, L . 106-554.
Thi• letter may not be relied on with r.apect to whether the plan
•atiafie• the requirement• of section 40l(a) of the COde, .. a!NIDded oy the
Economic Growth and Tax Relief Reconciliation Ac:t of 2001, Pub L. 107-lf .
The require1Nnt for a1ployee benefita plana to file~ plan
descriptions (SPD) with the U.S. Department of Laher wa• eliminated effective
Auguat 5. 1997 . For more details , call 1-800-998-7542 for a fr .. copy of the
SPD card.
We have •ent a copy of this letter to your represei:itative .. iDdicated in
the power of attorney .
If you have questiona concenung thi• matter, plea•• contact tlae per•on
who•• na-and telephone number are shown above .
Enclosure•:
Putllication 794
Sincerely your•,
fo.-,J!I . .LUy
Paul T. Sbulta
Director,
Blllployee Plana lluling• 1, Agr-ta
Letter 13 5 (DO /CG )
ORDINANCB NO._
SBRIBS OP 2002
BY AUTHORITY
WHBUAS, tbe City ComlCil of the City of ..... wood, Colan&, pwed <>.rdiuw
No. 46, SeriN of 1999, adopdnr m ame...W City of Bnpwood Phdpten P.....a
Plan document; and
WHEREAS, tbe adaption of tlUI OrdmaDce cloaa DIii aubelantia"7 damp tbe
current level of penaion bendta l,r tbe ~ Penaiml Plan participanta; and
WHBRBAS, tbe Ordinam. pzvridaa tbe lmemal ....... a.mo.•, (111,8) .......
cbanpe to tbe Plan u ltlted in tbe IRS Lattar of Datilnlimtima duN .Jal., I, IOOI;
NOW, THERBPORE, BE IT ORDAINBD BY THE CITY COUNCll. or THE CITY OP
ENGLEWOOD, COLORADO, AS rou..ows:
Br1iAn 1. The City Council oftbe City of ...... wood, Calan&,, ._..,, audloriw
tbe adaption of ·Amendment No. Two to City of .... waod ........._. P......
Plan (u Amended an d Reltlted Elflc:Uw .Jm111117 1, 1..,-, _..... --u
"BJibilm A•.
Semor 2. The Mayor and the City Clerk an_..., aldbaliad to lip aDd .....
Mid ·Amendment No. Two to City of Enpwood Pildplan P..... Plan (u
Amended and Reltlted Effeetiw .JanuarJ 1, 1999Y, lir aDd in Wialf of the City of
Ens)ewoocl.
lntioduced, read in full. and pueacl Oil &Ii& INml!I Oil tbe llda -of A..-,
2002.
Publiahed u e Bill b m Ordinance on tbe l8rcl -of Aucuat, IOOI.
A'M'EST:
Loucriahia A. Ellia, City C1-k
-1-
I, Loucriabia A. lllia, City Clerk of tbe City al Bn,lewood, Colorado, hereby
certi(y that tbe above and lbreeoms ii a true ODPJ of a Bill for an Ordmanae,
mtrocl~ read m full. am P&NN on am readiDs on the 19th daJ al Aqpn. 2002.
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:\_y[ENDME::-,iT ::-,iQ . TWO
TO THE CITY OF ENGLEWOOD
FIREFIGHTERS PE:'.'iSION PLA:-,.i
(:\S :\:\-lE::-,iDED :\~D RESTATED
EFFECTIVE IA~1.::\RY l. 1999)
P.Jrsuanc to the authority of the City of Englewood lOd :he provisions of .-\rtide XIII.
Section l of che City of Englewood Firefighters Pension Plan 1 .~s .. ~mended and Restated
Effe::rive January l . 1999) 1the "P!an ··i. the Plan is hereby .1mended. effective Jar.uar:, l .
2001, except as otherwise noted. as follows :
l. :\rticle XI, is amenu~. eifl!Ctive Januar:1 l, 200 l. by ldding a new :;ubsection
e .. co re:id lS follows :
.. -· Compensacjon .
For limitation '.fe3rS beginning on or after JanU3rY t. 2001. for purposes of
applying the limitations stated in . .\rticle XI of this Plan . .:ompensacion paid or made 1vailabie
during ;uch limiution :,ears shall include elective .unouncs thac are not-inc!udible in che jross
income ,Jf the employee by reason of Code} l31(f)(-.).
!)I ViIT;'iESS WHEREOF . and as .:onc!usi•.,e e•::dence of :he .ll!option ,)f the :'oreioing
instrument comprising .-\mendment ~o . Two to the City of Englewood Fireripters Pension
Plan ... \s :\mended .uui Restated Effe-..:tive January l. L999), the Employer lw ~usec its s~
co ::,e :iffixed here:o and these presencs ,o !le Julv e:"t~uted :n (ts :mme and be!ulf t,v its :,rooer
u r':'i..;.::, :hcre~ncu .1umun:ed t:us _ j.i.:. oi ---· :..;0:
COUNCIL COMMUNICATION
Date Apndaltem Subject
August 19, 2002 10Ci Waae/Beneftt Reopener of the
Collective Barpinln1 Agreement
Between the City and the EEA for 200~
Initiated ly Slaff Source
Human Resources Department Sue Eaton, Director of Human Resources
' .; • .
COUNCIL GOAL AND PRMOUS COUNOL ACTION
The Collective Barpinin1 Agreement with the Englewood Employees Association was approved by
Council for 2002 and 2003 . The agreement indudes a provl:ilon (Artic le 9, section E) for the
negotiation of 2003 salaries, in 2002.
RECOMMENDED ACTION
Staff requests Council approval, by resolution, of the salary provistonl of the Colec:tM Barplnlng
Agreement between the Englewood Employees Association and the City of Enslewood for 2003. The
contract coven approximately 224 employees.
BACKGROUND, ANALYSIS, AND ALTEINAlMS IDENIIRED
The City of Enslewood and the Englewood Employees Aslodation entered Into wap neaotiallons In
May of 2002 in accordance with the City of Englewood Charter. AUlhortzed representallves of the
Englewood Employees Association approved the amendment to the Colecttve 'Barpinlna Agreement.
The only change to the contract is under Artide 9, page 10. Employees covered by the contract wil
receive a three and eight tenths percent (3 .8%) Increase on the 2002 base wage rate effective January
1, 2003 .
FINANCIAL IMPACT
The impact of the increase on wages for 2003 is approximately $348,380.
ATTACHMENTS
Proposed Resolution
WHEREAS, the City Council of the City of Englewood autbomecl 'The Collec:tive
Barpminr Apeem.ent" with the Englewood Emp)ayeel AlloeiatioD llr lOOI ad !008, bJ the
paaap ofReeolution 62, Seriee 2001, which provided for a nepation of the 2003 aalariea
for the Englewood Employeea Auoc:iation; and
WHEREAS, the City of Enrlewood and the Enclewoocl Employeea Auoc:iation entencl
into nqotiatiom ill May, 2002 ill accordance with tba Englewood City Home Rule Charter;
and
WHEREAS, the authorized repreaentativee of the Englewood EmployNe A.-ociatico have
approved tbia Amendment to the Collective 8upininc Apeemat whiah pa,mdN llr a ,tbne
and eight tentba percent (3.8" ) coat of liTiDf inaeaa on the 2002 baae wap rue which
shall be effective January l, 2003; and
WHEREAS, the p-p of tbia RNolution will autboria an amendment to the ealuy
proviaiom of Article Nine, Section E of the •Co1Jecti99 8upinins .Apwment" betw•n the
Englewood EmploJNa Auoc:iaaan and the City af Bllllnood far the,.. 2003, and
NOW, THEREFORE, BE IT RESOLVBD BY TD CITY COUNCIL or TBB CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Sectior 1. The City Council oftbe City ofhpwood, Co1ondo--, QPIOfta tbe
Amendment to the Collective 8arpiaiJII Apeement betwNn tbe Sapwood Baploywee
Auoc:iation and the City of EqJewood far the period of JanUU')' l, I008 dnoup December
31, zoos, auacbed hereio u Exhibit A.
' Sm;tjgp 2. The Mayor and the City Clark are berebJ autbariwl to sip and at&Nt the
Amendment to the Collective Barpiniq Apeement betw•n tbe BDclewood Emplo.,eN
ANociation and the City of Englewood, Colorado, for the period of January l, 2003 throup
December 31, 2003.
ADOPTED AND APPROVED thia 19th day of Aucun, 2002.
ATTEST:
Loucriahia A. Jmia. City Clerk
I, Loucriahia A. Bllu, City Clerk far the City ol BDpwood. Colorado, hereby certify the
above ia • true CDpJ ol 8-oluaon No._ s.n.. ol l002.
ARTICLE 9. COMPENSATION
A. Each employee in the clusified service sbal1 be paid ai om oftbe 11111 set bib in the
pay plm for the class in which they are employed.
8. At least the minimum me of pay for a claa shall be paid to an employee who is
starting his employment with the City .
C. When a replar tbll-time position not under the c:Jauifted savice is broupt into the
claaifted servi~ the l'lle of pay of the incumbem may be • by Iba City • tbe 1111p clols to his
current l'lle in the snide estlblished for the elm. In such CINI lbere will be no redacuon in pay.
D. A chanp in umiversary dale will rault when:
( 1) The employee is on leave without pay. The previous anniversary dlle sball
be adjuad one momb for each twenty-two (22) wodciq days ofleave wimout pay
in any twelve (12) month period.
(2) The employee termiaares his employment and larcr is remnployed. The new
umiversary date shall be dclermined by his new employment dare.
(3) When it is dclermined tlw the employee meri11 an increue. the dale of the
increae will determine the new anniversary date.
E. Employees of the City of Enpwood repraenred by tbe Eapwood Employees
ASloc:ialion and covered by this Comnct shall receive afburpelClllt ('%)incNMeoa the 2001 bale
wap rue effective January 1, 2002, ud a dine aad apc taadla ,.,_, (3.1%) lmcnae • die
1002 baN wap rue efflcdye Jaaaary 1, 2003.
10
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COUNCIL COMMUNICATION
Date Subject
August 19, 2002
Agendaltem
10c ii 2003 Cost of Living
Adlustrnent
INfflATEDBY:
Human Resources Deoartment I STAFF SOURCE:
Sue Eaton Director of Human Resources
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council previously approved a resolution in 2001 granting 2002 wage increases of: 4.25% for
managerial, supervisory, and confidential employees of the City of Englewood and 4.0% for part-time,
benefit eligible employees.
RECOMMENDED ACTION
Staff requests Council approval of the attached resolution for a cost of living adjustment (COLA) for
calendar year 2003 for the following groups of employees:
Managerial and supervisory employees (General Services, Police and Fire)
Confidential employees
Part-time employees
BACKGROUND, ANALYSIS, AND ALTERNAllVES IDENTIFIED
Employees covered by this resolution will receive the following increase on the 2002 bale wage
rate:
Managerial, supervisory and confidential employees:
Part-time employees
3.8%
3.8%
The increase will be effective on the paycheck to be Issued on January 17, 2003, covering the pay
period of December 30, 2002 through January 12 , 2003.
The adjustments are comparable to the 3.8% increase to be awarded the Englewood Employee
Association.
FINANCIAL IMPACT
The projected impact of the COLA on wages for the 2003 is approximately $3-iO, 100 for the
managerial, supervisory, confidential and part-time employees.
,
RIES OF 2002
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RVISO. R"!t...CO~Em'IAL4NI) ,MT~TI?tJIJllJm'ITS-EUGIBLE EMPLQYEES OF .. ., ......... "*.._.,....,......,
WHEREAS, by Charter amenament dec:tive Apnl 13, 1981, City Council provided for the
eatabliahment of manaprial and IUpft'Yilory employees within the aemce of the City of
Englewood; and .
WHEREAS, by virtue of managerial and IUpft'Yilory dutiee alliped t.o tbeee poeitiom by
the City Manager, it bu bean determined that they are excluded from membenhip,
participation or repreaentation in any c:ollecave]y bsrpined employee IY8tem of the City of
Englewood; and
WHEREAS, by Charter amendment eirective April 13, 1981, City Council pnmdad Cor the
establishment of confidential employees within the Nrvic:e of the City of Bn,lewoocl; and
WHEREAS, by virtue of the dutiee Uligned t.o theae poeitiollll by the City Manapr or the
City Att.orney, it bu been determined that they are cxmftdenti•I and therefore the City mabe no
promiee of continuous employment, permanent employment or any spec:ific len,th of employment
and tbel8 employees are therefore excluded from membenhip, participation or repreaentation in
any c:ollec:timy barpined employee IY8tem of the City of Enpwood and are eumpt from the
Career Service Syatem; and
WHEREAS, part-time bene&ta-eliaible employeN are defined t.o be tboee workinr an •ftnP
of 20 or more houn per week; and
WHEREAS, the City mabe no promiae of cmtinuoua emploJment, permamnt employment
or any spec:ific len,th of employment and tbel8 emplo.,eN are tbudn ucludld from
membenhip, participation or repreNDtation in any c:ollsetiwly berpimd empJo,.e .,..._ of
the City of Englewood and are eumpt from the Career Service System; and
WHEREAS, dua Reaolution will not apply t.o Dincton wbme compemation ia Mt by the City
Manapr;and
WHEREAS , dua Resolui...on will not apply to the City Manqw, the City Attorney and the
Municipal Court Judge who are compemated by the City Council under Nparat.e neolutiom;
and
WHEREAS, dua Resolution will not apply to employeea repreNDtad by a recopiad collective
barpininc apnt in the City of Enclewood becauae they are compenatad by contract under
eeparate re110lutiom; and
WHEREAS, under the Compemation Plana for manaprial. aupeffilol7, onddendaL and
part-time benefite-eliaible employees, City Council dNirN t.o N&abliab the pay ratlle far the ,....
2003 ;
NOW , THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OP' TIIB CITY or
ENGLEWOOD,COLORADO,!JIA~
Sectioo 1. Tbe City Council of tbe City al En,lewood, Colondo huebJ 9PP109N tbe followins
pay~ on the 2002 bue wa,e rate eflllc:tive far the fbfl PQ'Cbeck ill 2003 with a pay
date of January 17th, 2003, b the calendar year of 2003:
1) Manapria1. npemaory, and confidential empJo,.N of tbe City al
Eqle,roocl • 3.8".
2) Part-time bene&te-eligible employee• of tbe City of Eqlewoocl • 3.8%.
ADOPTED AND APPROVED tbia 19th day of Aupat, 2002.
Baverb' J. Bradabaw, Mayor
ATl'EST:
Loucrilbia A. Ellia, City Clerk
I, Loucrilbia A. Ellia, City Clerk far tbe City al ..... woocl, Colondo. hanby certifJ' the abaft ia
a true copy of ReaolutioD No. __. Seriea al 2002.
COUNCIL COMMUNICATION
Date Subject
August 19, 2002
INffiATEDBY STAFF SOURCE
Public Works Department
Parks and Recreation D rtment
Rick Kahm, Capital Projects Director
errell Blac Director of Parks and Recreation
COUNCIL GOAL AND PRMOUS COUNCIL ACTION
,
Council approved Ordinance No. 35, Series 2001 to indude a ballot question authorizing the issuance of
General Obligation Bonds for design and construction of Recreation Projects. Ordinance No. 75, Series
2001 authorized the issuance of a portion of the bonds. Council Bill No. 39, authorizing the issuance of
the remainder of the bonds, was approved on first reading August 5, 2002.
RECOMMENDED ACTION
Staff recommends Council approve a motion authorizing the award of design contracts to Lyman
Davidson Dooley, Inc. for design of the Belleview Park Family Aquatics orizing the Capital
Projects Director to negotiate and sign the contracts for an amou -/nils item
will be discussed at the City Council Study Session on August 19... Copies of the design contracts will be
available at that time.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIRED
The bond sale, approved by Englewood voters in 2001, totaled $12.8 million for three Recreation
projects: $3.7 million for the Malley Center, $2.1 million for the Recreation Center, and $7.0 million for
the Aquatics Park. The firm of Barker Rinker Seacat Architecture was previously selected to design the
Malley and Recreation Center projects. A separate Request for Services was developed for design of the
Aquatics Park.
The City advertised in the Daily Journal and the Englewood Herald for design professionals to submit
statements of qualifications to design the Aquatics Park. Eight firms submitted their qualifications and
letters of interest. The City's selection team reviewed the qualification statements and recommended four
firms for further consideration. The four firms were LKA Partners, Barker Rinker Seacat Architects, Slater
Paull Architects, and Lyman Davidson Dooley, Inc. The City prepared Request for Proposal (RFP)
packets for the four selected firms . The RFP required the firms to submit detailed scope of work
proposals with fees in separate sealed envelopes from the other material. All four firms submitted
proposals. The City's selection committee, consisting of Mike Flaherty, Jerrell Black, Rick Kahm, Gary
Hultberg, David Henderson, Brad Anderson, and Bob Leonard, conducted interviews on July 22, 2002.
Fee proposals were opened after the interviews were completed. Two firms stood out as leaders.
Additional information was obtained from both firms for the committee's consideration.
The committee rec ommended selecting the firm of Lyman Davidson Dooley, Inc. Their aquatics sub-
co nsultant, Councilman/Hunsaker & Ass~tes, appeared well qU31ifled for this project. Lyman Davidson
D oole , Inc. submitted a fee proposal of $397,780. This was considerably less than the competition.
BELLEVIEW PARK FAMILY AQUATIC CENTER
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BY AUTHORITY
COUNCIL BILL NO. 30
INTRODUCED BY COUNCIL
MEMBER WOLOSYN
WHEREAS, the City of Englewood, Colorado (the "City"), ia a home rule
municipality of the State of Colorado (the "Statej duly orpnized and operatiq
under the Home Rule Charter of the City (the "Charter") and the Conatitution and
law1 of the State; and
WHEREAS, pureuant to Section 30 of the Charter, the City Council of the
City (the "Councilj baa all municipal lelialative powen u c:onferred by pneral law,
except u provided by the Charter; and
WHEREAS, following the biddinJ procedUl'III eet bth in Section 113 of the
Charter, the Council appl'Oftc:i c:ontrac:te with variou8 vendon b the acquiaition of
computer hardware and operatinc aoftware co mpri.8inc the enterpriee l'88CNl'C9
Plannina Project (aleo known u the mIS or "impnmns buaima impl'09ins eenice"
Project and defined herein u the "Project"); and
WHEREAS, meetinp held on April 15, 2002 and on May 6, 2002, the
Council approved reeolutione to reimbune the City Car all or a portion of eucb capital
expenditures incurred or to be incurnd in relation to the Project; and
WHEREAS, varioue component& of the Project haft bNn and an in the
proce88 of being acquired by the City; and
WHEREAS, purauant to Section 31-15-101 of the Colorado a.Yie8d Statute.,
the City hae the pcwer to leue-purchue penonal property and the Council dNine
to spread the coat of acquiring the Project 11ftr a perwd DDt to uCNd au ,-an
through the leaee-purchue of the eame; and
WHEREAS, the City baa received a propoeal from ABN AMRO Financial
Services, Inc., Chicago, lllinoia , ABN AMROj to effect the leue-purc:bue of the
Project at a net effective intereet rate not to e'IICllled 4.~ per annum, u more fwly
set forth in the lease documentation prepared by ABN AMRO (the "1-
Agreement") under which the financial obliption of the City ahall COllltitut.e
currently budpted expenditure, of the City; and
WHEREAS, the Leue Ap-Mmeni ia t o become .&din OD a date within
thirty daya followiq the date of adoption of thia Ordmance on NCODd readina ("the
Cloaing Date"): and
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WHEREAS, the Council is desirous of authorizing and directing the
transaction deacribed above;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO , AS FOLLOWS:
Sm;tjpn I. Apprgyal ofConyey•piz of Prgjm;t ComP9D1pta. The City Council hereby
approves of the aale of, and conveyance of title to, the oomponenta of the Project
acquired by the City as of the Cloaing Date to ABN AMRO, or to ite delignee, for an
amount equal to the actual coat for euch componenta (which amount repreeenta
reimbursement to the City for funde which the City has advanced).
$ection 2. AppJPYll g( Loo¥ Asm@mmt. The Lease Agreement, in eubatantially
the form and with aubatantially the content preeented to the City tor the lease-
purchase of the Project and available for City Council review prior to final reading of
this Ordinance, is in all reapecte approved, authorized and confirmed. The
aggregate principal component of the Leaae Agreement ehall not eueed Sl,300,000.
Sectiqp a. Eurntioo ond Pelim:Y of Qosumenta. The Mayor or, in the abeence
thereof. the Mayor Pro Tem ii hereby authorized and directed to uecute the Leaee
Agreement, and the aipature of the Mayor or Mayor Pro Tem ehall conduaively
determine the valid execution of the Lease Agreement by the City. Additionally, the
Mayor, other offic:iale and employ-of the City are hereby authorized and directed
to euc:ute and deliwr fir and on behalf of the City any and all additional
apeemente, c:ertificatea, documenta and other papen and to pedbrm all other acta
that they may deem ~ or appropriate in arm, to implement and carry out
the tranaaction authorized and contemplated by tbie OrdiDance, includiq but not
limited to an Internal Revenue Service Form 8038-0.
5tn;t;jpn 4 P@clag,tjgp• apd Fjpdjpp. The City Council hereby det.erminee and
declare, that the rental paymenta under the Lease Apwment (when calculated at
the intere1t rate, term and amount autborizecl herein (the "Rental Paymentaj
repreeent the fair value of the uee of the Project, and that the Prepayment Price (ae
defined in the Leaae Agreement) repreeenta the fair parc:bue pra ol the Project.
The City Council hereby determine• and dec:laree that the Rental Paymenta do not
exceed a reasonable amount '° •• to place the City under an ecoaomic or practical
compulaion to appropriate money, to make paymente under the Lease Asn,ement or
to exerciae ita option to purchase the Project punuant to the Lease .Apeement, In
malrinc euch determinations, the City Council has pven conaideration to the current
market value of the Project, the coet of acquirinc, conetructill( or equippiq property
similar to the Project, the option of the City to purchase the Project, and the
expected eventual vesting of full title to the Project in the City. The City Council
hereby determine& and declare, that the duration of the Leaae Agreement, including
all optional renewal term&, authorized under thia OrdiDance, doea not eueed the
weighted averap uaeful life of the Project.
Sm;tinn 5. Reok ·Q11elifiod PttenniottiAD Tbe City benby cleaipatee tu Leue
Agreement as a "qualified tu-exempt obligation" for purpoaee of Section 26&(1,)(3) ol
the Internal Revenue Code of 1986, u amended .
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Sw;tjgp 6 . ObliptjOPf gf tho City. No prmaion of thia Ordinance or the Leaee
Asreement shall be COll8trued u creating or conatituting a pneral obliption or a
multiple-fi-1 year direct or iDdinc:t indebtedneu or other financial obliption
whataoever of the City llllr a mandatory payment obliption of the City in any
enauiq fiacal year beyond any meal. year during which the Leue Apeemem shall
be in effect.
Sw:#oo 7. Bftjficat;cm pf Pripr AC1ione, AD ac:tiona beretoin taken (not
inc:onaiatent with the provwom of thia Ordinance) by the City Council or by the
offic:en and employeu of the City reprdinc the acquiaition or leue-purcbue of the
Prqect, or directed toward utiafact;ion of the City'a obliptiona under the Lean
Apwm.ent, are hereby ratified, appnwed and confirmed.
Sw;tjgp 8. Senr,hjljty. It ia hereby uprwly decl6red that all provieiona hereof
and their application are intended to be and are -rable. In ordn to implement
auch intent, if any proviaion hereof or the application thereof ia datermined by a court
or adminiatrative body to be invalid or unenforceable, in whole or in part, auch
datermination shall not afl'ect, impair or invalidate any other proriaion hereof or the
application of the proviaion in q\M&tion to any other aituation; and if any prcmaion
hereof or the application thereof ia determined by a court or adminiatrative body to
be valid or enforceable only if ita application ia limited, ita application ahall be
limited u required to moat fully implement ita purpoae.
Sert,igp 9. Beue•Jer. AD ordin•DCea, or parta tbereol. iDCODaietent or in ooaflict
herewith are hereby repealed to the utent only of auch inconeietmc:,r or Cllldtict.
Sw:#M 10. Ded•retigp g( Bm1JPPGY . The City dNirN to obtain a Jocbd-in
intereat rate relating to the leue-purcbue of the Project and to be Nimbuned Ir
Project coeta prior to the end of Aupet 2002. In ordn to BBCV.n thia locbcl-in ra1111 to
prevent a riak of an iDcreue in interNt rat.ea and to 6c:t each Nimbanement, the
Council hereby finda and determiDN that thia Ordinance ia D1C111UJ Ir the
immediate p-rvation of public property, health. pnca and ..,.ty and eball be in
full force and effect immedia~ qpon l5nal puaap by the Council.
lntrodw:ed, read in full. and pueed OD firet readinr u an emerpDCJ ordinance
on the 5~ day of A11111Bt, 2002.
Publiahed u an Emerpncy Bill for an Ordinance OD the 9th day of AUI\IBt.
2002.
Read by title and pUNd on final read.inc u an EmerpDCJ Ordinance on the
19th day 0£ AulWlt. 2002.
Publiahed by title u Emerpncy Ordinance No . ~ SeriM of 2002, on the
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23rd day of August, 2002.
Beffl'q J. Bradabaw, Mayor
ATl'EST:
Loucriabia A. Ellia, City Clerk
I, Loucriahia A. E11ia, City Clerk of the City of Enpewood. Colorado, hereby certify
that the above and &>reaam, ia a true cop:, oftbe Emerpncy Ordinance pUl8d on
final reac:lin, and published by title u Emerpncy Ordinance No. __. Seriee of 2002.
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BY AUTHORITY
COUNCIL BILL NO. 36
INTRODUCED BY COUNCIL
MEMBER MOORE
Mf.·Gl8DIARal.AIIINDING.Tffl.l 11, CIIAP1D l,Ol',..-...WOOU t
MffittCIPAL CODE 2000 PERTAINING TO TRAFFIC AND PARKING
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WHEREAS, certain areaa of the City require more handicapped parking than the •
:r.oning requires for privat.e parking Iota and thia baa been accommodat.ed by
handicapped apacea in the public RiJht.of-Way; and
WHEREAS, thia need for extra bandicapped apacea ill frequently limit.eel to apec:ific
hours of the day or days of the week; and
WHEREAS, the City wi.ahea to Ntabliah a method for reetril:tinc the houn or days
£or handicap parking apacea, in the public RiJht-o!-Way;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Sectigp I. The City Council of the City of Englewood. Colorado benby amend. Title
11, Chapt.er 1, Section l, Subeec:tion B, with the addition of a new (22), of the
Englewood Municipal Code 2000, which ah.all read u £ollowa:
21. Part 12, Section 1208(3)(b) and (c) Parking Privilepa for Penom with
Diaabilitiee are amended to read:
(b) The owner or privat.e property available for public UN may reqUNt the crit.eria
and format information for ot&cial handicapped parking lipa from the City
Traffic Engimer C011CU1W1f the imtallation of o6:ial ailm identifyin, parkin,
apace• reeerved for UN by ,penona with diaabilitiea. Such a reqUNt ah.all be a
waiver of any objection the owner may uaert CODCerllllll ed:>rcement of thia
section by peace officen of any political aubdiviaian or thia State, uid such
officers are hereby authoriud uid empowered to ao enforce thia NCtion,
proviaiona or law to the contrary notwithatandiq.
(c) Eacb parking apace reeerved for uee by penona with diaabilitiN whether on
public property or privat.e property ah.all ba marbcl with an of&cial upript
aian, wbicb lip ah.all be stationary, iclenti!yinc aucb parkiq apace u ruerved
for uee by persona with diaabilitilla.
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u . Part 12. Section 1208(5} Parkirur Privileges for PersoQS with Disabilities ia
amended to read·
(5) It ia unlawful for any person other than a person with a disability to park in a
parking apace on public or private property which ia clearly identified by an
official sign aa being reaerved for uae by peraona with disabilities unleee such
person ia parking the vehicle for the benefit of a person with a disability. TlWI
prohibition shall not apply whep:
~ The qffitjeJ •ip for perappa with diaabilitiaa ip for • PfWPI IPP ip t,he
public right-of-way when such llip provide• for aclditigpeJ ,-. of the
eigpm1 pvkips pace.
~ ~> The peraon other than a peqop with dipbilitiep perking ip t.he apace
complie• with a11 the rgt.rictiopa noted by •w;h effisieJ aim.
H .2..a. Part 14, Section 1401(1) Reckleee Driving-The lut aentence, "A peraon
convicted of rec:kleee driving of a bicycle or motorized bicycle ehall not be eubject to
the proviaione of section 42-2-127. C.R.S." ia deleted.
H ij. Part 14, Section 1401(2) Recldeee Driving-Penalty ia deleted.
11+ n. Part 14, Section 1402(1) Careleee Driving-The lut Nntence. "A penon
convicted of careleu driving of a bicycle or motorized bicycle ahall not be nbject to
the provieione of section 42-2-127, C.R.S." ia deleted.
H ~-Part 14. Section 1402(2) Carelees riving-Penalty ii deleted.
ff~-Part 14, Section 1409 Compuleory Ineurance ii amended to add the
following eubaectione:
(7) Upon conviction thereof. the defendant ehall be punished by a fine of not
lees than one hundred dollars ($100.00) nor more than five hundred
dollars ($500.00), and. in addition, the court may impOM imprisonment for
not more than one hundred ei1hty (180) daye. The fine impoaed by this
section ehall be mandatory, and the court ahall not euapend aaid fine, in
whole or in part, unleee it ia established that appropriate insurance aa
required under eectione 10-4-705 and 10-4-716. C.R.S . baa been obtained.
(8) Upon a second or subsequent conviction under this 18Ction within a period
of two (2) years followins a prior conviction under this aec:tion, tha
defendant ahall be punished by a fine of not lHe than two hundred dollars
($200 .00) nor more than five hundred dollan (S500.00). and. in addition,
the court may impoae impriaonment in the county jail for not 1-than ten
(10) days nor more than one hundred eipty (180) daya. The fine impoaed
1,y thie section shall be mandatory, and the court ahall not au.apend aaid
tine , in whole or in part, unleaa it ia eatabliahed that appropriate
insurance aa required under Nctione 10-4-705 and 10-4-716. C .R.S. baa
been obtained.
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ff 15. Part 14, Section 1412 Operation of Bicycles and Other Human-Powered
Vehicles ie amended to add the following subsections:
(12) The parent of any child or guardian of any ward shall not authorize or
knowingly perm.it any child or ward to violate any of the prcmaiona of this
section.
(13) It ie unlawful for any person to do any act forbidden or fail to perform any
act required in this article.
a& lif. Part 17, Section 1701(3) Traffic Offenses Cla.uified-Schedule of Fine.1
(regarding fine echedulee) ie deleted.
a& a!). Part 17, Section 1709 Penalty Aaaeumente ie deleted.
3& a.I. Part 17, Section 1710 Failure to Pay Penalty ie deleted .
.H-a). Part 17, Section 1716(1) Notice to Appear or Pay Fine-Failure to Appear-
Penalty ie amended to read u follows:
(1) For the purpoee1 of this code, tender by an arresting officer of the 1ummona
shall conatitute notice to the violator to appear in court or at the Violations Bureau
within the times and date, epecified on such summona.
H ~-Part 17, Section 1717 Conviction-Attendance at Oriftr Improvement School-
The phraee "located and operating in the county of the defandant'1 residence
and ... • i1 deleted.
Section 2. Safety CJaYN• The City Council hereby finde, determinee, and
declares that this Ordinance ie promulgated under the pneral police power of the
City of Englewood, that it ie promulgated for the health, eafety, and welfare of the
public, and that this Ordinance ie neceuary for the preeervation of health and eafety
and for the protection of public conftnience and welfare. The City Cct,mcil further
determine• that the Ordinance bean a rational relation to the proper lesialatift
object sought to be obtained.
Se<;tjpp 3 Sev,:mhjjjty If any clauee, sentence, parasraph. or part of this
Ordinance or the application thereof to any person or circumltances ahall for any
reason be adjudged by a court of competent juriediction invalid, 1uch judpient ,hall
not affect, impair or invalidate the remainder of this Ordinance or it application to
other persona or circumstances.
Section 4 Iru;ooai.ltcot Prnio•on,• All other Ordinance, or portiona thereof
inconaietent or contlictinc with this Ordinance or any portion hereof are hereby
repealed to the extent of such incomiatency or conflict.
Section 5 Effect of n,pgl pr rnooific,tjgp The repeal or modification of any
provision of the Code of the City of Encl-ood by this Ordinance ahall not rei..-.
extinguiah , a lter, modify , or cbanp in whole or in part any penalty, fomiture, or
liability, either civil or criminal, which lhall haft been inc:urred under 1uch provilion,
a nd each provwon s hall be mated nnd held a , ,till remaininc in force for the
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pUl'pOH& of sustaining any and all proper actiona, auita, proc:eedinp, and
proeecutiona for the enforcement of the penalty, forfeiture, or liability, u well u for
the purpoee of auataining any judgment, decree, or order which can or may be
rendered, entered, or made in auch actions, suite, procaedinp, or pl'ONClltiona.
¥cm 6 flDal.e. Tbe Penalty Proviaion ofE.M.C. Section 1·4-1 ahall apply t.o
each and every violation of this Ordinance.
Introduced, read in Cull, and paaaed on fint reading on the 5* day of Auguat, 2002.
Publiahed u a Bill for an Ordinance on the 9th day of Auguat, 2002.
Read by title and paaaed on final reaclinJ 011<,the 19th day of AUIU8t. 2002.
Publiahed by title aa Ordinance No. __. Serie& of 2002, on the 23rd day of
Auguat, 2002.
Beftl'ly J. Bradabaw, Mayor
A'M'EST:
Loucriabia A Ellie, City Clerk
I, Loucriahia A Ellia, City Clerk of the City of Enpwood, Colorado, hereby oarti(y
that the above and CorelOinl ia a true copy of the Ordinance pUled on final rudiq
and published by title aa Ordinance No . __. Seriea of 2002.
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OIWVICBNO.
&;;;0,2002 -
BY AUlHORJTY
COUNCIL BILL NO. 39 .
INTRODUCED BY COUNCIL
MEMBER WOLOSYN
u bll •
AN OIIIINANCS MffllOIUZINO '111B BIUAJfC8 8Y 1111 Cl'IY 0, IINCIUWOOD o, m CB111ML /
OBLIGATION BONDS, SERIES 2002, FOR THE PURPOSES APPROVED AT THE CITY'S ELECTION a,f
t NOVIMBl!I. 6. 2001, AMI> AUl'IIOIIIZINO '11m LBVY 0, l'IIOfllll'IY TA.DI 10 MY IUCII IIOlel:
PROVIDING THE FORM OF THE BONDS AND OllfER DETAILS IN CONNECDON THEREWITH;
t AftlllOVINO DOCUMENTS ll!LATlNO TO 'l1ft! BONDS; AND DECLAlUNO AN!.M!ltOl!Net.
WHEREAS, the City of Englewood, Colorado is a mllllicipal corponlion duly orpniDd and openting •
a home-rule city Wider Anicle XX of the Constitution rl the State « Colondo and the Charter « the City (unless
otherwise Indicated, capilalmd terms used in this preamble shall have the maaiDp set f1ll1h in Sec:tioa I rl this
Ordinmce); and
WHEREAS, pursuant to Section 104 of the City Charter, the City is authorized to issue geaenl obliptioo
bonds fir any public capital purpose. subject to obtaining voter approval « a ballot question aulhorizing such
bonds; and
WHEREAS, It an election OIi NOYC1111ber 6, 2001, the foUowia& ballot quation (the "Ballot Qumtioa")
was approved by a majority of the elipl,le electon of the City voting oa the Ballot Qimtioa:
SHALL THE CITY OF ENGLEWOOD DEBT BE INCREASED UP TO S12,IOO,OOO, WlTI-1 A MAXIMUM
REPAYMENT COST OF UP TO S25,700,000, AND SHALL CITY TAXES BE INCREASED UP TO
Sl,300,000 ANNUALLY FOR THE PURPOSE OF
•_EXPANDING AND IMPROVING THE MALLEY SENIOR CENTER,
•_EXPANDING AND IMPROVING THE ENGLEWOOD RECREATION CENTER,
•_CONSTRUCTING THE BELLEVIEW PARK FAMILY AQUATIC CENTER,
AND TO TifE EXTENT MONEYS ARE AVAILABLE ACQUIRING, EQUIPPING AND CONSTRUCTING
RECREATION IMPROVEMENTS Wl1HIN THE CITY, BY THE ISSUANCE AND PAYMENT OF
GENERAL OBLIGATION BONDS, WHICH SHALL MATURE, BE SUBJECT TO REDEMPTION, WITI{
OR WITHOUT PREMIUM , AND BE ISSUED, DA TED AND SOLD AT SUCH TIME OR TIMES , AT SUCH
PRICES (AT, ABOVE OR BELOW PAR) AND IN SUCH MANNER AND CONTAINING SUCH TERMS,
NOT INCONSISTENT HEREWITH, AS THE CITY COUNCIL MAY DETERMINE; SHALL AD V ALOREM
PROPERTY TAXES BE LEVIED IN ANY YEAR, Wl'JliOUT LIMITATION AS TO RATE OR AMOUNT
OR ANY OTifER CONDmON, TO PAY THE PRINCIPAL OF , PREMIUM, IF ANY, AND INTEREST a,f
SUCH BONDS ; AND SHALL THE EARNINGS ON THE INVES'IMENT OF THE REVENUES FROM SUCH
TAXES AND OF THE PROCEEDS OF SUCH BONDS (REGARDLESS OF AMOUNT) CONSTITUTE A
VOTER-APPROVED REVENUE CHANGE?
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WHEREAS, the Council previously issued its General Obliption Bonds, Series 2001 in the ..-
principal amouat of SS,810,000 and has determined that it is in the best intaats of the City and its residenls to
issue the remaining principal amount of general obligation bonds at this time b-the purpose or providing the
remaining funds to finance the Project; and
WHEREAS, on the date of issuance of the Series 2002 Bonds, the amount of bonded indebledness will not
exceed 3% of the latest actual valuation for assessment of the City; and
WHEREAS, the Council has been presented with a proposal from George K. Baum &: Company, rL
Denver, Colorado, b-the purchase or the Bonds upon specified terms and c:onditions and, 1k consideration, the
Council has delermined that the negotialed sale of the Bonds to Aid c:oaqaiy Is to the best IIIMllllge or the City;
and
WHEREAS, Section 41 or the City Charter permits the use cl an emerpacy anlinance b-ordinmc:es
incurring indebtedness when the City bu received prior voter approval and the Council baa dlterminecl that the
declantion of an -eraency b-this Ordinance is nec:essmy, wilhin the meanma of Section 41, in order to permit the
City to obtain the lowest inrenst rates possible; and
WHEREAS, the City Council desires to autborim the isslaace and sale cl the Bonds and, 11 provided in
Title 11, Article S7, Part 2, C.R.S., delegate the authority to the Director of Finance and Administrative Services to
determine certain provisions of the Bonds to be set forth in the Sale Certificate, in wwwdluc:e with the provisiOIII rL
this Ordinance; therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO:
Section 1. DeftnltioaL The following terms shall have the followin& IDellliap II Uled in this
Ordinance:
"Acf' means Part 2 of Article S7 or Title 11, Colondo Revised Statulel, 11 amended, or Ill)' 1111:Ce11G11
statutes thereto.
"Ballot Question" means the ballot question approved by City voters quoted and cleflned II such in the
preambles hereto.
"Bank" means The BankofCheny Creek, a bnndl ofWellem Nltioaal 8111k in Deawr, Coklndo. or Its
successor, a national banking asociatioo duly orpnizled and existin& under the laws cl the United Slates rL
America, being a member of the Federal Deposit lmunnce Corpontian. and having ftall and camphlle lnllt powen.
"Bond Accounf' means the acc:ount established by the provisions hereof to account b-the monc,ys Ir
which a separate tax levy is made to satisfy the obliptions of the Bonds. The Bond Accouna sball be a IUblidiary
account of the appropriate fimd or account of the City and sepantely ICCOUlllmd for by the City in ac:cordanc:e with the
provisions hereof.
"Bond Counser means (a) as of the date or issuance of the Bonds, Kulak Rock LLP, and (b) 11 cl my
other date, Kutak Rock LLP or such other attorneys selected by the City with nationally recopmd expertise in the
issuance of municipal bonds .
"Bond lnnuance Policy" means the municipal bond illlunnce policy iuued by the Bond 1-insurlna
the payment when due of the principal of and interest on the Bonds a provided tbenin.
"Bond /nslll'er" means MBIA Insurance Corporation, or any succeuor lberelo.
"Bond ObligaJion" means, as of any date, the principal IIIICUlt cl the Bonds Oulstandin& 11 cl IUCb dlla.
For purposes of the Sections hereof titled "~ediea fbr Evems cll>tlflur IDd "Ammdment clOrdinaace," 8oDd
Obligation shall be deemed to include the amount payable on the ~ Coupons, • let b1b la the Section
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hereof titled "Bond and Registered Coupon Details," which bu not been paid u of the date on which such Sections
are being applied.
"Bond Plll'Chau Ag,wmenf' means the Bond Purchue Apeement, punwmt to which the City bu apeed
to sell and the Underwriter bu agreed to purchae the Bondi II the prices and on the tenu let fonh therein.
"Bontb" and "S.ia 2002 BONb" mans the Bonda IUlborized by the Section hereof titled "Autboriz.ation
and Purpose of Bonda."
"B111bwu Day' means any day other 111111 (a) a Sllurday or Sunday or (b) a day Oil wblch baking
institutions in the State are IUlborized or oblipred by law or executive order to be cloeed fcT busineal.
"Clrortd' memw the home rule Charier of the City.
"City' means the City ofEqlewood. Colorado, and any aucc:euorthento.
"Code" meam the IDlanal Ravmue Code rL 1916, a IIJlelldod. Eadl n:inace to a lOClian rLthe Code
herein sball be deemed to include the United Sllltes T-.ry Replalicm propoaed or In CIIIICI 1bereundlr' 111d
applicable to the 80llds or the me of proceeds thcnof, unlea the context clelrly requinl odlllwile.
"C_,,_,,. means that certain offer to illue the Bond lmunnce Policy iuued by the Bond lmurer.
"Councir memw the City Couac:il of the City.
"COllllly" mans Arapahoe County, Colorado.
"Doud Date" meam the origiaal dllled clam far the Bonda u esllblilbed in the Sale Certiflclle.
"~S«:wttm" -billl, ~ of ........... .,_.. CII' limlllr IIC:urilill wbidl
are clinct, --1lable oblipdolll of the Uallld SW of Aaaica cir wbida-flllly ad uacoedllNnDy ,.........
u to the timely payment of priacipll llld ..... by tbe UDilld s.... of AIWica, to tbe ... IIIClt aMIIIIDa*
-Pennhled lnvalmeals.
"DTC" means The Depoliay Trult Compmy, New Yorlt, New Yorlt, 111d Its IUCCIIIOII ill laenll llld
usips.
"DTC B""-t ua, of lwp,-*1liols" -tbe lellS rL 1ep w ••• hm tbe City Ill DTC to
induce DTC to Id u securities clepoaitay far the Bondi.
"Ellffll of Defa,111' -Ill)' of the tmllll apeclfied in the Secdan baeoftlded "EWIIII ofo.fiult. •
"Int-I Payment Dau" IDWII w:h J-l llld December I, «-in& Oil tbe cla iN1t bdt la tbe Sale
Certificate .
"Official Stale-,,(' means the flaal Official Safanent relma& to the 8-11.
"Outstandi"f(' means, u of Ill)' date, all Bondi iulled 111d delhwed by tbe City, except tbe followiaa:
(a) any Bond cmcelled by the City or the Payma Apat, or otbelwiN Oil tbe City's bllillt
at or before such date;
(b) any Bond held by cir Oil bebalf of Ille City;
(c) any Bond b the payiDlill or die .wdempdon of wllicll wya or D O Sec:urilill
sufficient to meet all oftbe payiDlill reqwraNill ofllle prillcipal Cl( ....... M' ay, ad --ca _.
Bond to the date of iDlllirity cir prior ,...,,...,... 6-1( all .,,,. *' 0 u Illa....._. Ill Illa b
such purpose in wwwdwe wida the Section bcnoftlded "Dlt e"; ad
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( d) any lost, apparently destroyed, or wrongfully taken Bond in lieu of or in substitution ir
which another bond or other security shall have been executed and delivered.
"Owner" means the Person or Persons in whose name or names a Bond is registered on the registration
books maintained by the Paying Agent pursuant hereto .
"Paying Agenf' means the Bank and its successors in interest or assigns approved by the City.
"Paying Agent Agreement" means an agreement between the City and the Paying Agent concerning the
duties and obligations of lhe Paying Agent with respect to the Bonds.
"Permitted Jnvutments'' means any investment in which funds of the City may be invested under the
Charter and the laws of the State at the time of such investment, subject to any limitations which may be set forth in
the Commitment.
"Person" means a corporation, firm, other body corporate, panncnbip, association or individual and also
includes an executor, administrator, trustee, receiver or other representative appointed according to law .
"Preliminary Official Statement' means the Preliminary Official Statement prepared in connection with the
sale and issuance of the Bonds.
"Project' means any purpose fur which proceeds of the Bonds may be expended under the Act and the
Ballot Question, including, but not limited to, lhe payment of costs of issuance of the Bonds.
"Project Account' means the IICCOWlt established by the provisions bnof fur the purpose of paying the
costs properly attributable to the Project. The Project Account shall be a subsidiary account af the appropriale fin!
or account of the City, and separately accounted for by the City in accordance with the provisions hereof.
"Record Date' means, with respect to each lnterat Payment Dale, the fiftemlb clay af the month
immediately preceding the month (wbedlcr or not such clay is a Business Day) in which such lllllrat Payment DIiie
occurs.
"Registered Co11pons" means the separate, detached rqistered coupons evidencing supplemental interest on
the Bonds designated as "B," as set forth in the Section bnof tided "Bond and Reptend Coupons Decaila."
Until the last "B" interest payment date fur the supplemental interest (as set furth in the subsectioa bnof titled
"Bond and Registered Coupon Details-Malurity Dates, Principal Amounts and Interest Rares"), the deftned term
Bonds shall include the Registered Coupons and refen:nca to interest oa the Bonds lhlll include all anounll
payable on the Registered Coupons, except that: (a) the term "Bonds" does not include the Repcend Coupons in
the Sections hereof titled "Bond and Registered Coupon Details," "Form of Bonds and Regislered Coupons," and
"Transfer and Exchange ofBonds and Registered Coupons" 111d "Redemption of Bonds Prior to Maturity"; and (b)
for purposes of the Section hereof titled "Federal Income Tax Covenants," only a portioa of the amounts payable on
the Registered Coupons shall be 1rCated as interest, as dcscn'bed in the section of the Official Statement descn'bing
the federal in come tax treatment of interest on the Bonds .
"Ordinance" means this Ordinance, including any amendments or supplements hereto.
"Sale Certificate" means the cenific:ate executed by the Director of Finance and Administrative Services
under the authority delegated pursuant to this Ordinance, includin& but not limited to the Sections bnof titled
"Bond and Registered Coupon Details," "Redemption of Bonds Prior to Maturity" and "Approval of Relaled
Documents" which set forth, amon1 other things, the prices ll which the Bonds will be sold, the o.d Ollie,
interest rates and annual maturin& principal fur the Bonds, and the payment datel b the Regislered Coupons, •
well as the dates on which the Bonds may be redeemed and the redemptioa prices therefore .
"State" means the State of Colorado .
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"Ta,: letter of Instructions" means the Tax Letter of Instructions, dated the dale on which the Bonds R
originally issued and delivered to the City by Bond Counsel, as such instructions may be superseded or amended in
accordance with their terms .
"Underwriter" means George K. Baum & Company, Denver, Colorado.
Section 2. Authorization and Purpose or Bonds. Pursuant to and in accordance with the Act, the
Charter and the Ballot Question, the City hereby authorizes, and directs that there shall be issued, the "City d
Englewood, Colorado, General Obligation Bonds, Series 2002," in the aggregate original principal amount not to
exceed $6,990,000 for the purpose of providing funds for the Project .
Section 3. Bond and Rqlstered Coupon Details.
(a) ltq&taed Form, DorOlllbttlllo,u, D.id DtlU 1111tl N•""1ffllff. The Bonds and the
Registered Coupons shall be issued in fully registered form, shall be dated as of the Dated Date, and shall
be registered in the names of the Persons identified in the registration books maintained by the Paying
Agent pursuant hereto. The Bonds shall be issued in denominations of $5,000 in principal amount or any
integral multiple thereof. The Registered Coupons shall be issued in denominations of $5,000 in the
amount of "8" interest due on the "B" interest payment dale set fOl1h in sublectioa (b) of this Section.
The Bonds shall be consecutively numbered, beginning with the number one, preceded by the letter "R."
The Registered Coupons shall be consecutively numbered, beginning with the number one, preceded by
the letter "RC."
(b) M•turlty Dtues, Prbrclpfi A_,.,, at/ lntaat ltata. The Bonds shall mature on
December 1 of the years and in the principal amounts, and shall bear interest designated "A" amd
supplemental interest designate "8" at the l1lles per annum (calc:ulated based on a 360-day year of twelve
30-day months) set forth in the Sale Certificate. The supplemental interest deaipated "B" shall be
evidenced by Registered Coupons payable in specific dollar amounts. The Council benby delepres to the
Director of Finance and Adminis1rative Services the authority to determine the Dated Date, the price It
which the · Bonds will be sold, the aggrepte amount of principal of Bonds issued, the principal amount d
Bonds maturing in any particular year and the l'llte of interest deaipated "A" and "B" on the Bonds,
including the amount of "B" interest due on any "8" interest payment ewe.
(c) Accrw"' at/ o.tes of P.-, of lntuest. "A" interest on the Bonds shall aca"UC at the
rates set forth in the Sale Ceniflcate fiom the lallir of the Dated Date or the latest barest Payment Date (or
in the cue of defaulted interest, the lalest ewe) to which interest has been paid in fllll and shall be payable
on each Interest Payment Date. "8" interest represented by the Reptered Coupons shall aca"UC at the
rates set for1h in the Sale Cenificare, commencing on the Dated Date and endiaa on the "8" interest
payment dale specified in die Sale Certific:lte for the weighted mnp maturity principal amount of Bonds
scheduled to be outstanding dwing such accrual period, and be paid as provided in subsection (b) of this
Section .
(d) M1111ne, at/ Foffll of Pq-1. Principal of each Bond and the amount payable on mdl
Registered Coupon shall be payable to the Owner thereof upon presentation 111d surrender of such Bond or
Registered Coupon at the principal office of the Paying Agent in the city identified in the definition d
Paying Agent in the Section hereof titled "Definitions" or at such other office of the Paying Agent
designated by the Paying Agent for such purpose. "A" interest on each Bond shall be payable by cbeck or
draft of the Paying Agent mailed on each Interest Payment Dale to the Owner dNnof as of the cl111e d
business on the corresponding Record Date; provided that "A" interest payable to any Owner may be paid
by any other means agreed to by such Owner and the PaYin& Agent that does not require the City to mike
moneys available to the Paying Agent earlier than odierwilC required bcnuadll' or ~ the COl1I borne
by the City hereunder. All payments of the principal of and interest on the Bonda shall be made in lawfbl
money of the United Swes of America.
(e) aooA-E•"1 Jt.,&tnllM . Notwi1bslancling any other provision bereot; the Bonds and the
Registered Coupons shall be delivered only in book-entry torm reprered in the aane « Cede A Co., •
nominee ofDTC, ICting as securities clepolitory of the Bonda and the Rqismred Coupons and principal ti
and "A" interest on the Bonda and the "8" interest payable on the Rqismred Coupons shall be paid by
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wire ll'IIISfer to OTC; provided, however, if at any time the Paying Agent determines, and notifies the City
of its detennination, that DTC is no longer able to act u, or is no longer satisfactorily performina its
duties u, securities depository fur the Bonds and the Registered Coupons, the Paying Agent may, at its
discretion, either (i) designate a substitute securities depository fur DTC and reregiller the Bonds and the
Registered Coupons as directed by such substitute securities depository or (ii) tenninate the book-entry
registration system and reregister the Bonds and the Registered Coupons in the names of the benefic:ia1
owners thereof provided to it by DTC . Neither the City nor the Payin& Apt sbaU have any liability to
DTC, Cede & Co., any substitute securities depository, any Penon in whose nane the Bonda and the
Reptered Coupons n reregistered Ill the direction of any substitute NCUritiea depository, any bmeficial
owner of the Bonds and the Registered Coupons or any other Penon for (A) any determination made by the
Paying A&ent punuant to the proviao at the end of the immediately prec:eding semence or (B) any action
taken to implement such determination and the procedures rebad thereto that is taken punuant to my
direction of or in reliance on any information provided by DTC, Cede & Co., any substitute ~
depository or any Penon in whose name the Bonds and the Reptered Coupons an nrwptered.
Sectioa 4. Redemptioll of Boada Prior to Matwrity.
(a) Optlo1111l Rdatptlo,I. The Bonds shall be subject to redemption at the opcion of the City, in
whole or in part, and if in part in such order of maturities as the City shall determine and by lot within a
maturity on such dates u set forth in the Sale Cenific:ate. The Council hereby delepeea to the Direc:lor d
Finance and Administrative Services the llltbority to delermine the clala on wbidl the Bonda sbaU be
subject to optional redemption and the redempcion price or pric:es Ill wbic:h suc:b redemption may be made.
(b) MatMlory Sllltb11 F,,,,, ltn-,do11. All or my principal amount of the Bonds may be
subject to lllllDdatoty sinking fimd redemption by lot on December I of the yem and in the princ:ipll
IIIIIOUDIS specified in the Sale Certific:lle, at a redemplion price equal to the principal DOlllll lbaof (with
no redemption premium). plus ac:aued interest to the redemption date. The Council bereby deleptes to
the Direc:t« of Financ:e and Adminislrllive Servicel the audlarity to determine Ibo princ:ipal mlOUDII 111d
dates on wbic:b the Bonds shall be subject to maadlrory lialdn& ftmd redemplion.
(c:) It..,,,,,_ l'ro«lllua. Notice ofmy redtN• ,cion ofBoada sbaU be pa by die Paying
Agent In the 111111e of the City by .idiD& a copy of suc:b aadce by fnt-c:lal, jlOlllp jll'ljllid mall, aot
more than 60 days nor less than 30 days prior to Ibo redempdoa dll8, to Ibo 0.--of ..:II 8oad beiaa
redeemed. Such notic:e shall specify the number ar 1111111ben of the Bonda IO to be ......_. (if redempdon
shall be in part) and the redemption date. lhny Bond sbaU baw hem duly c:alled far l1NW !pllon wt ~ aa
or hebe the redemption dll8, there shall bave II.a depolia.cl with the PayiDa A..-in wwwdwie with
this Ordinance funds sufliciCDI to pay the redemption price of suc:b Bond aa the .....,,pm dlla, tbea sucb
Bond shall bec:ome due and payable Ill suc:b ndPm ption dale, IDCI tum IDCI 6ir suc:b dlll ..._.. will
cease to .:a,ie th-. Failure to deliWI' any redemption Dlllic:e ar any dllla in my IMli ,•loo notic:e
shall not affec:t the validity of the proc:eedin& furtherer' 1•ioo of Bonda widl l'lljllCt ID wbicll auc:la tmlln
or defect did not occur. Any Bond redeemed prior to its malUrity by prior redemption or odlerwile lhall
not be reissued and shall be c:anc:elled .
Section 5. Security for tlle Boads.
(a) Gatu.l 011u,.,1o11s . The Bonds lhall be a--1 obliptiaal oftbe City IDCI die ftall &idl
and credit of the City are pledged fur the punc:tual ~ of Ibo princ:lpal of IDCI ...... aa die Boada.
The Bonds shall not constitute a debt or indebtednesa of Ibo County, the Stale or my politic:al IUbdiviaion
of the State other than the City .
(b) l-, of Ad J'.iona T-. For the purpoN ofpaylna ._ prlDclpal ofm .._. aa ._
Bonds when due, respec:tively, the Council sball -ually delamiDI ,aj Clllift ID die load of COlll!ly
Commissioners of the County, a rate of levy b a-al ad ~ IIIUI, widlalll llmillliaD • ID .-or
11111ount, on all oftbe taxable property in the City, lllftlcilal to pay the prillclpal of IDCI .._. aa ._
Bonds when due, respec:tively, wbecber II maturity or up111 nrti. l'NMDplicm
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(c) App/lcllllo11 of Proc«tb of Ad Vtllorelfl TIIXD. The general ad valorem taxes levied
pursuant to subsection (b) of this Section, when collected, shall be deposited in the Bond Account and
shall be applied solely to the payment of the principal of and interest on the Bonds and for no other purpose
until the Bonds, including principal and interest, are fully paid, satisfied and discharged.
(d) Approprlllllo11 ad a11d1etl111 of Prouetb of Ad Vtllorat Tua. Moneys received liorn
the general ad valorem taxes levied pursuant to subsection (b) of this Section in an amount sufficient to pay
the principal of and interest on the Bonds when due, respectively, are haeby appropriated b-that purpose,
and all amounts required to pay the principal of and interest on the Bonds due, respectively, in each yea-
shall be included in the annual budget 111d appropriation ordinance to be adopted 111d passed by the
Council for such year.
(e) Use or A4-a ofOdler Lq.U, AllflllM* M011q,. Nothing herein shall be intetpceted to
prohibit or limit the ability of the City to use leplly available moneys Olher than the proceeds of the
general ad valorem property taxes levied pursuant to subsection (b) of this Section to pay all or any ponion
of the principal of or interest on the Bonds. If and to the extent such other leplly available moneys in
used to pay the principal of or interest on the Bonds, the City may, but shall not be required to, (i) mb:le
the amount of taxes levied for such purpose purs111111t to subsection (b) of this Section or (ii) use proceeds d
taxes levied pursuant to subsection (b) of this Section to reimbune the flmd or account liom which such
other legally available moneys are wilbcnwn b-the amount withdrawn liom such flmd or ICCOUllt to pay
the principal of or interest on the Bonds. If the City selects a1temative (ii) in the immediately ..-ling
sentence, the taxes levied pursuant to subsection (b) of this Section shall include amounts sufficient to fin!
the reimbunement.
(f) Cmlflctltlo11 to Cot111ty C0Mlftmlot1en. It is haeby declared that, if the City does not
otherwise determine 111d c:ertify to the Board of County Commissioners of the County a raie of levy ir
general ad valorem property taxes u required by subsection (b) of this Sectioa, the fontoml provisioos d
this Section shall constitute a certifica: liom the Council to the Board of County Commluioaen of the
County showing the aarepae amount of ad va1cnm taxes to be levied by the Bomd of County
Commissionen of the County from time to time,• required by law, for the purpose ofpayins the principal
of and interest on the Bonds when due.
(&) /JqHMII of MOllq, IO Pq .,,. •M, 11N ,,,,,__-.I.,,. t, ,,..,, A1at. No _.
than three Business Days immediately prec:edina each dale on which a paymem of principal of or imensc on
the Bonds is due, the City, Cran moneys in the Boad ACCOUDl or other leplly available moaeys. shall
deposit moneys with the Paying Agent in III amount sufficient to pay the principal of 111d interest on the
Bonds due on such dale. The Payin& Apnt shall use the moneys so deposited with it to pay the principal
of and interest on the Bonds when due.
Section 6. Form of Bollds aad Repstered C011pou. The Bonds shall be in substantially the fi:Jnn set
forth in Appendix A hereto and the Reptered Coupons shall be in substantially the fi:Jnn set forth in Appendix B
hereto with such changes thereto , not inconsistent herewith, • may be ~ or desirable and approved by the
officials of the City executing the same (whose manual or facsimile sipalUreS thereon lball c:onstilute conclusive
evidence of such approval). All covenants, statements, NijliWidlAllll llld .._ contained in the Boads 111d
the Registered Coupons aR haeby approved 111d adopled as the covenants, starements, 1epcw1Mions 111d
agreements of the City . Although IIIIIChed as appendices b-the convenience of the !Wier, Appendix A 111d
Appendix B are an integral pan of this Ordinance 111d are incorporaled herein • if set forth in full in the body of this
Ordinance.
Section 7. Euendoti or BoadL The Bonds shall be ex-=--t in the nanc 111d on hlbllf of the City
with the manual or facsimile sipture of the Mayor of the COUDCil, sball bear a -1 or facsimile of the ..t of the
C ity and shall be attested by the Dllllual or facsimile sipallln of the City Clerk of the C-il, all ofwbmD •
hereby authorized and directed to prepare 111d execute the Boads in -dwe willl tbl ~ lllnaf. Sbould
any officer whose manual or facsimile sipllure appa11 on the Boads -to be u:b alk:a-beln dellvwy of my
Bond, such manual or facs imile sipture shall neva1beleu be valid 111d adllcilal lir all purpo111. WIim tbl
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Bonds have been duly executed, the officers of the City are authorized to, and shall, deliver the Bonds to the Paying
Agent for authentication. No Bond shall be secured by or titled to the benefit of this Ordinance, or shall be valid or
obligatory for any purpose, unless the catificate of authentication of the Paying Agent has been manually executed
by an authom.ed signatory of the Paying Agent. The executed certificate of authentication of the Paying Agent upon
any Bond shall be conclusive evidence, and the only competent evidence, that such Bond has been properly
authenticated and delivered hereunder.
Section 8. Temponry Bonds. Until Bonds in definitive fonn are ready ftr delivery, the City may
execute, and upon the request of the City, the Paying Agent shall authenticate and deliver, subject to the provisions,
limitations and conditions set forth herein, one or more Bonds in temporary form, whether printed, typewritten,
lithographed or otherwise produced, substantially in the fonns of the definitive Bonds, with appropriate omissions,
variations and insertions, and in authorized denominations . Until exchanged ftr Bonds in definitive form, such
Bonds in temporary form shall be entitled to the benefits and security of this Ordinance. Upon the presentation and
surrender of any Bond in temporary form, the City shall, without unreasonable delay, prepare, execute and deliver to
the Paying Agent and the Paying Agent shall authenticate and deliver, in exchange therefor, a Bond or Bonds of the
same series in definitive fonn . Such exchange shall be made by the Paying Agent without malting any cbqe
therefor to the registered owner of such Bond in temporary form .
Section 9. Reptntloa of Boad1 ID Reptration Books Malatalaed by Payia1 Apat. The Paying
Agent shall maintain registration books in which the ownership, transfer and exchange of Bonds shall be reairded.
The penon in whose name any Bond shall be registered on such reptratioo book shall be deemed to be the
absolute owner thereof for all purposes, whether or not payment on Ill}' Bond shall be overdue, and neither the City
nor the Paying Agent shall be affected by any notice or other information to the contrary.
Section 10. Tnnafer and Escban1e of Bonda and Repstered Coupona.
(a) TrtUUfw /llld E.rcll11111e of B011u. The Bonds may be lrlmfared or exchanged at the
principal office of tbe Paying Agent in the city identified in the definition of Payins A1ent in the Section
hereof titled "Definitions" or at such ocher office of the Paying Agent designated by the Pay ins Agent ir
such purpose for a like aggregate principal amount of Bonds of ocher lllthori2led denominations of the -
maturity and interest rate, upon payment by the u-fine of • reaoaable 11...&r lie established by tbe
Paying Agent, toscdJcr with any tu or governmental c:barp required to be paid with respect to such
transfer or exchange and any cost of printing bonds in connection tbeRwlth. Upon unmder Ir u-fer cL
any Bond, duly endorsed for transfer or accompanied by an usipment duly execuled by the Owner or his
or her anomey duly authorized in writing, the City shall execute and the Payins Agent shall •!lben!ic:ale
and deliver in the name of the IIIDS&ne a new Bond. NOIWitbstudins any ocher provision hllnof; the
Paying Agent shall not be required to transfer any Bond (i) which is scheduled to be redeemed in whole «
in pan between the Business Day immediately preceding the mailing of the notice of redemption and the
redemption date or (ii) between the Record Date fir uiy Interest Payment Dae and such lnlenst Payment
Date.
(b) Trruufw 1111d Exd,/lllfe of Rql#aed Co•potu. The Registered Coupons may be
transferred or exchanged at the principal office of the Payins Agent in the city idenlifiecl in the definitioo cL
Paying Agent in the Section hereof titled "Definitions" or It IUCb ocher office of the Payin1 Agent
designated by the Paying Agent ftr such purpose ftr a like aurepre amount of "B" interest due on the
"B" interest payment date Registered Coupons of other authorized denominations of the same payment
date , upon payment by the transferee of a reasonable er-fer lie established by the Paying Agent, IOptber
with any tax or governmental charge required to be paid with respect to such er-fer or exchange and my
cost of printing bonds in connection therewith . Upon surrender for transfer of any Registered Coupon, duly
endorsed for nnsfer or KC001panied by ui as signment duly execuled by the Owl*" or his or hs llliDnley
duly authom.ed in writing, the City shall execute and the Paying Agent shall authealicale and deliwr in
the name of the lrUISferee a new Registered Coupon .
Sectio• 11 . Replanant or Lott, Deltroy9cl or Stoia Boads. If any Bond shall became lost.
apparently destroyed, stolen or wronaftllly taken, it may be replaced in the tixm and 1111or of the loll, dealroyed.
stolen or laken Bond and tbe City shall exec:uee and the Payinl Agent shall •Offl!'ic:• and delmlr a ,..c ......,
Bond upon the Owner furnishing, to tbe salisfllc:tion ~ the Paying Agent: (a) proof of --*ii, (wllicb sball bl
shown by the regi stration books of the Paying Asent), (b) proof of loss, deslnlctioll or theft. (c) • IDdemnlly to die
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City and the Paying Agent with respect to the Bond lost, destroyed or taken, and (d) payment of the c:ost m
preparing and executing the new Bond.
Section 12. Creation of Accountl; Initial Credltl to AccoHts.
(a) CntltUHI of AccO#lflr. There is hereby established the Bond Accouat and the Project
Accouat The foregoing accounts shall be maintained by the City in KCOrdanc:e with the provisions of this
Ordinance.
(b) /,rltltll CntllO to ACCOlllftr. Upon payment to the City of the purchase price of the Bonds in
accardlnce with the Bond Purduue Agreement, the Bonds shall be deliwred to, or u directed by, the
Underwriter and the proceeds receiwd by the City from the sale of the Bonds shall be applied u a
supplemental appropriation by the City, u follows:
(i) to the Bond Account, the accrued interest on the Bonds from the dlled dllle thereof to
the date of issuance, if any;
(ii) to the Project Account, the nmwnina proc:eeds of the Bonds.
Sectloe 13. Iavestaeats. Proceeds of the Bonds deliwred to the City iu-t to the Section bnof
titled "Crealioa of ACCOUIIII; Initial Crediu to Ac:couatl," ~ on depolil ill lbe Bond Acc:ount 111d my moneys
held by the Paying Agent with reapea to the Bonds lball be illvelllld ill Permiaed bweltmeatl, provided tbat 1be
inwt of such moneys sball be IUbjOl:t to any appliclble l9llridiam Ill bda in lbe Tax lAlllllr of IDltruc:liou
and in the "Ta Compliance Certific:ale" or similar certificate delivend by lbe City in CQlll'«ti,on with lbe imim:e
of the Bonds that describes the City's expemtioas repnliaa lbe me and inveslmelll of proceeds oflbe Bonds and
other moneys and the use of the Project.
Sectloe 14. Variom FhKllllp, ~ Dedandlla ud C9Y9Ma. The Council, bmq
bem fully iafonned of and bavina ccmidered all lbe ........ and ......... lllnby ftnda, delsmiael,
declares and COYelllllll with the Ow... of the Bonds that:
(a) voter approval of the Ballat ~ w oblaiaed iD awdmce with all applicable
provisions of law;
(b) ii is ia the belt....._ of the City and ill Nlideall tbat the Bonds be IUlboriad, sold.
issued and deliwred II the time, ia 1be -and &Ir lbe puq,mN provided ill this~;
(c) the imim:e of the Bonds will DOI -the City to a-s 1ta clebc limit lllllllr applk:lble
Stale law;
(cl) the OTC Blanket La of Rep-•Mions to be --into with OTC will pem the
book-enlly rqistntioa lystml for die Bonds; and
(e) the issumc:e of the Bonds and all proc:edma _..__ iDcida..., a ill lull ... ,.,.i.ice
and cCN1formity with all applicable requilaDmll, provisiw and liariladaal ,._.,.. by die CIIIIW, die
Constitution 111d laws of the Slate, includin& lbe Act and lbe Ballat Qua1iaa. and Ill CCJDditicD and
limitations of the Cbaner, lhe Act, the Ballot~ and_., applk:lble law rmliq to die imaic:e cl
the BCNlds have been satisfied.
Sectiotl 15. Federal I-• Tu c-a. For purJIONI of-iaa ........... Bonds la
and remains excluded from poa income for fedlral ~ IU .,.,._, Ille City beNly ~ 1MI:
(a) ,.,.,,.,,_ AC9al. The City will llOI -or,.... .. -of my ....... of .. Bonds or
any other flands ofdl& Cily ._ ..._-.a dlrMd. dllllCdy • illdncdy, ID..-my -.ilila or
obliptlons and sball llOI ............ be --.., ...................... ~..,
Bond to be • "llllilnle bmld" wilMa ....... of Slclia "' al .. Ce*, ........... c:aa
the iaterat Oil cy Bond to be illdudlble ill ... --fDr ..... ---.......
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(b) AU,,-,we ActiOlu. The City will at all times do and perform all acts permiUed by law that
are necessary in order to assure that interest paid by the City on the Bonds shall not be includible in poss
income for federal income tax purposes under the Code or any other valid provision oC law. In particular,
but without limitation, the City represents, warrants and covenants to comply with the following IUles
unless it receives an opinion of Bond Counsel stating that such compliance is not necessary: (i) gross
proceeds of the Bonds and the Project will not be used in a manner that will cause the Bonds to be
considered "private activity bonds" within tbe meaning of the Code; (ii) the Bonds are not and will not
become directly or indirectly "federally ~; and (iii) the City will timely file m Internal Rewnue
Service Form 8038-0 with respect to the Bonds, which sball contain tbe infonnalion required to be filed
pursuant to Section 149(e) oftbe Code.
(c) Ta Ulla o/ llUlnlctlolu. The City will comply with tbe Tax Letter oC lnslructions
delivered to it OD tbe date of issuance of tbe Bonda, includlng but not limited by the provisicn oC tbe Tax
Leaer of Instructions reprclina tbe application and investment of Bond proceeda, the use oC the Project, the
calculations, tbe deposits, tbe disbursements, tbe inveslmellts and tbe retmlioo oC records clacribed in the
Tax Letter of Instructions; provided that, in tbe evmt tbe Tax Leaer oC llll1nlCtioas 1111 superseded or
amended by new Tax Letter of Instructions lhfted by, and accomp111ied by NI opinion CJ( Bond Counsel
stating that tbe use of tbe new Tax Letter of lmlnictions will not cause tbe interat OD tbe Bonds to become
includt'ble in gross income b lidlnl income tax purposes, tbe City will 1bndlr comply with tbe -
Tax Letter of Instructions.
Cd) Da,,,,.,,,,,, o/ llollb • Q,udlJW Ta-~~-The City lmby desipllm
tbe Bonds as qualified tax-exempt obliptiom witbiD the -ina oC Sectian 26'(bX3) oCthe Code. The
City covenants that tbe ..... la anount oC all ID-flllllnpt obUptiom iaued by the City, ..,.._
with govenanental entities wbicb derive their issuina audaorily hm Ille City or are subject to .......... I
control by tbe City, shall DOI be more than SI0,000,000 dariaa calmdlr yea-2002. The City l9COpaJII
that such tax-exempt obliptioos include DOlel, 1-, 1-111d Wlll'IIIII, as well as boads. The City
fia1her recopms that any bank, thrift lmtitutiCJD or OCher flDmcial institution that owm the Bonds will
rely OD the City's desipalion of the Bondi as qualified tax--.,t oblipdolll Ir the pur,-oC awidiDa
Ille loss of JOO% oflny otberwile available interat dllductioa eibullble to sucb m11l1111i,oa'1 tax._.
boldinp.
Sectioll 16. DelHIIIIC& Any Bond sball not be dellned to be 0 .............. if ii sball blw
been paid and cancelled or if Defeumce Securities sball have hem depolitmd in lnllt &Jr Ille..,_ dllnof (....._
upon or prior to tbe maturity of such Bond, but if sucb Bond ii to be paid prior to IIIIIWity, the City sball blw
given tbe Paying Agent inffl>clble dlrectiCD to give notice oC nclemlldon as ....... by dlil OnliDwe, or sucb
notice shall have been giwn in -dwe wllb tbia Ordlnwe). la campubl& the w oC Ille depolil dlllcribed
above, tbe City may include the malllring principal of 111d interat to be ealllld cm tbe D C e Sec:uritlea. If leu
than all the Bonds are to be defeased punuant to tbia Section, Ille City, in its IOle clllc:ntima, may 1elect wbicb d
the Bonds shall be defeased.
Notwithstanding anything herein to tbe comnry, in tbe evad dill the principll lllCl/or interat ch. Jie
Bonds shall be peid by tbe Bond Insurer ixar-t to tbe Bond --Policy, the Boada sbal1 1...nain
Outstanding for all purposes, not be defwed or otherwise lllisf1ed wl not be cmaidaed peid by the City, and all
covenants, agreements and other obligations of tbe City to tbe Ownen sball COllliDul ID uilt and sball nm IO tbe
benefit oftbe Bond Insurer, llld tbe Bond lnlurersball be subroped to tberiplloCRCII 0-...
Sectioa 17. Evntl of Delult. Each of the followina eYmtl l'Mllin• • E_. of Defiull:
(a) N_,.,-, .J l'r#adtMI ., IIIWat. Failure to make ay pay..-oC prilcipal oC or
interest OIi tbe Bonds when due.
(b) /IINdt., N-,.,...ar. -f Deda. Brwh by the City oCay Wia1 ~ • ...
herein or &ilure by tbe City to perform any llllllrial duly impaled cm ii ---• l+M•-• oC ar*
breach or failure &Jr a period of60 days., r-. by tbe City Alllney oC wrilla _.. ..., lal ..
Paying Agent or fiom tbe <h,_ of• ... ICM ofdll ....... w ofdll Baad QMaM+ne, pn,ridlll
that such 60 day period sball be C1CIIIDdlld IO Ima as tbe City 1111 c i .... ~ a IIIOII Ml
effort to remedy such breach or failunl.
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(c) aaknlptq or ~Ip. An order of declw by I coun of competent jurildictioo
declarina the City baaknq,t under fildlnl blnkruplcy law or appoiatina 1 ~ of all or any mllaial
pol1ioo oftbe City's auets or revenuea ii entered with the consent or acquielclnce of the City or is enlered
without the COlllellt or acquiescence of lbe City but ii DOC vllClllld, dilcbarpd or stayed within 30 days *"
it is entered.
Sectloa II. Reaecllel for EYnb or Deraalt.
(1) 11......0.. Upoo the OCCUll'IIIICO IDd cootim...,. of ID)' EYellt of Default, the 0waen of not
lea 1blD 25% of the aareple IIIIOUllt of lbe Bond Obtiption, illcludilll, without limilatloa, I lnlltee Cl'
1n111ees therefor may proceed api111t the City to proleCt IDd to mfilRll the ripll of the any Owaen under
Ibis Orclinancc by mmdlmus, injunctioo er by other suit, actlan or apecial pruceediDp in equity or • law,
in any court of competeatjurildlc:tian: (I) for lbe ~ of ilallt on any inmllment of principal of ID)'
Bond lllll-DOC paid when due M the a... re borne by IUcb Bond; (ii) for the apeciftc jMbwww.c:e d
any cowaaa1 COlllainecl hlrein; (iii) to eqjoin ID)' act dull may be lllllllwftd or in Yioladm of any ripl d
ID)' Owner of any Bond; (iY) for ID)' olber pn,per lepl or equilable nmedy; ar (Y) ID)' ccmlmldcm of IUcb
~ GI' U olberwise may be audloriad by applicable law; proYilled. bowewr, dull .i C lhndcm of ID)'
-ouat DOC yet due OD the Bonds -diDa to dllir ams lllall DOI be m IMillllle nmedy. All IUCb
proceedinp aa law or in equity sba1I be inltiluled, bad 111d mainleined for the equal bmeflt of all Owaen d
Bonda then Oimtmdina
(b) FIii/an # ,,,_ ._.. Nltl • ~ .,,.. c.-lalN. TIie fiilln of any Owns
of any Olll!IDCtin1 Bond to proceed in ICCOldlncl widl lublec:daa (a) of Ibis Sectian lllall DOI ntlil\le die
City of any llability fir &ilin to psbm or carry out ill dllliel under Ibis ~ Eaclt ript or
prMleae of any such Owner (or tnlllN lbnfor) is ID eddiliaD 111d ii ClmllllldYe ID any odlCI' ript or
priYilep, 111d lbe eurcile of any right or priYilep by or on Waif of any Owns lllall DIil be dined 1
wamr of any Olber ripl or priYilep of IUCb <>was.
(c) ,,.,. ,_ ~ l•C,W.,~ ._.,,. C:... •• Cm Todle w dull Ibis
Ordiamoe _.. upon or I"" or.-ID .. Bond a-.,-, rtpt. --, or ollial _.. or by
-oflbil Onlinlnlle, tbe Bond lanril lllnbyaplicidy ....... U .... I......,., ........ ) ......__.may eafoace Ill) IUCb ripl, ._.., arc:lailll cadand, pm or ................ Upca tM
~ 111d CIINMiwwc:e ofa E_. ofDl6iak, IO .... ii ii• ladlllllltofill all' ..... W .....
Bond.__ Policy, the Baad ........... bl .-!did to...,. .. dlNct..... . of ID .....
and remedies paated to die Owaen under dlil OnliDmce 111d ..... to Stal law.
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(1) A••••• hnltll#II .._/Ii-*-•• C-11/0-.. 1111 City may, .._
lbe __. of or nodce to lbe 0nm of 1111 ....., .... -or _. .+ 11 ...... or
IUpplmieatinl dlil ~ (wllicb onliDwa mll ...... .._ I pllt llmllll) llr 111Y -GI' -
or all of the followina purpoA1:
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(i) to an ID)' -bipity or ID CIIN. war • ..,,...._-, dl6l:a ar 'am1i 1 1
provisioo oflhis ~;
(ii) to subject to dlis Onllaace or pledp to .. ..,... of .. loaill ......
rnenues, pn,per1iel or collanl;
(iii) to institutll or ...... I boak-tlllly aapDllica tyW llr .. llcadl GI' to
facilitllle lbe cletlp#ion of 1 ...... NCUrt1ill cllpoiitor) willl ..... to ... I~
(iY) ID mailaiD 1111 .. aillila GI' IO -I Maw .... of ...... by IIIY
llltioaally recopiad -.ilia nlills apacy; or
(Y) ID 11111b any odlli'dlaafl ..... -....a,,~ .... 0-. of ..
Boada.
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(b) Ametribltffla lteqllirlltf Notice to ud Coruat of Ot,,11as. Except fur amendments
permitted by subsection (a) of this Section, this Ordinance may only be amended (i) by a ordinanc:e of the
City amending or supplementing this Ordinance (which, after the consents required therefor, shall become a
part hereof); and (ii) with the written consent of the Owners of at least 66-2/3% of the Bond Obligation;
provided that any amendment that makes any of the following changes with respect to any Bond shall not
be effective without the written consent of the Owner of such Bond: (A) a change in the maturity of such
Bond ; (8) a reduction of the interest rate on such Bond; (C) a change in the terms of redemption of such
Bond; (D) a delay in the payment of principal of or interest on such Bond; (E) a reduction of the Bond
Obligation the consent of the Owners of which is required fur III amendment to this Ordinance; or (F) the
establishment of a priority or preference for the payment of any lllllOUllt due with respect to any ocher Bond
over such Bond.
(c) Pro«tlMn for NodJ'lllt1 ad °"""""'' COIIUIII of Ot,,,un. Whenever the consent of 111
Owner or Owners of Bonds is required under subsec:tion (b) of this Secuoa, the City shall mail a nocice to
such Owner or Ownen at their addresses u set for1b in lhe replnlioa books maintained by the Paying
Agent and to the Underwriter, which nocice shall briefly describe the proposed ~ and sUlle that a
copy of the amendment is oo file in the office of the City for inspec:Cion. Any conseat of Ill)' Owner of my
Bond oblained with respect to an amendment shall be in writiD& and shall be ftnal and not subject to
withdrawal, rescission or modification for a period of 60 days after it is delivend to the City unless mother
time period is stated for such purpose in the notice mailed punuant to this subsection.
(d) Cf#UOII of die ••' hullnr llt ~ • c-, of Ot,,un. The Bond Insurer's
consent shall be required in addition ID the COlllelll of 0wnen, when rwquired. iJr the foUowing purposes:
(i) executioo and delivery of my supplemental Ordinance or my mncndment, supplement or change ID or
modification of this Ordinance; (ii) removal of the Payin& Apnt and seloctioa and appointment af a
successor; and (iii) initiation or approval of any action not described in (i) or (ii) above which requires the
consent ofOwnen.
Seetloll 20. Appomtant ud Dlltlel of Pa:,tas Apllt. The Payin& Apnt idmlifled in the Sectioa
hcnoftitled MDeflnitionsff is hereby appoaad. payiaa ........... and ............... iJr the Bonds
unless and lllllil the City rmioves it u sucb and appoints a -PayiD& Aaem, in wbicb IWlll sucb __.
shall aulolllatically succeed ID the dulies of the Payina Apnt ....... and ill II--shall mmecli*ly tum
ovw all its records regarding lhe Bonds to such -· The Payina Apnt shall ... ID prinn all dulies and
to take all actions wiped to it henunder in wwwdmce widl the terllll 1-eof.
Seetloll 21. Apprcmil of Relalld Dona.... The Council blnby ralifia and appnm11 the
disuibution and IIIC in CODDeCtioa with the offeriaa of the Bonds of die Pl'elmunay Offlc:ill SC..... mllina to the
Bonds; IUthoriJ.a and direcls lhe pepalWI of, and IUlllarim and dinctl die ewulion by die Mayor of the
Council of, 111 Offlcill SlalemeDI iJr 111e in ~ widl die ale of die Bonds ill lllblrmrially the farm of the
Prelimiwy Official 5-, with IUCb cllaps 1blnia, if my, not iDicimli11111 ~ • -approved by the
Mayor of lhe Council (wbme sipllln lba90II shall CXlllllilule CIOlldulive evideme of such lpplVVl1); and lbr a
period of sixty days following lhe adoption of this Onlinlllc:e, Ille Dinctar of Finlnce and Admilllllnlive s.vices is
audlorized to cxecm die Sale ~ and to ex-=-lhe Bond Plardme ~ which shall be in
substantially the f-pracnled to die City • dlis 111N1ina and shall be compleled in -dmce with the t11m1 fl
th is Ordinance ( which. oace exeancd, shall constitule coaclusive cvidence of appoval of the City). The Mayor fl
the Council, the City Clerk and all other appropriltc ollms of the C-il -allo hereby llllboriJlld and dncled
10 execute III undenakin& to facil.-compliance with Securiliel and Exdllllp Commiaioa Rule 15c2-12 (17
C .F.R . §240.15c2·12). the OTC Blanltet Lcacr of Repr-lllioaa, the Payina A,-~ a MTax
Compliance CertiflCIIC" or similar cenificaae dacribina die City 's ••l*•m reprcliaa the -and inveslmellt fl
proceeds of the 9onds and ocher moneys and die 111e of the l'Nljecl. • ..._. a-Service Form I031-0 widl
respect to the Bonds and all oilier doclDlllb ad ~ ~ or dainble IO ..._ the .-•
administration of the Boads. die iav._. of proceedl of die Bonds and • 11-tl"l/ioal c IN 41Mid hereby.
S.CtiN 22. AadleriDtioll ef leN •-
(a) Thi offlcas of die Cily .. Mnby ...._ ad cllnclld lO 11D all ai:tiaa-, ID -
the Bond lnlunr 10 u. die Bond ...._ Policy ia WWW-... widt die C:-M• lllcludin&
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without limitation, payment « the premium due in connection lbcrewith. The execution of the
Commitment by the approprillle officer of the City is hereby l'lllified and approved.
(b) In the event that, on the second Business Day, and apin on the Business Day, prior to the
payment date on the Bonds, the Payina Agent Im not received sufficient moneys to pay all principal of 111d
interest on the Bonds due on the second followina or following. • the c:ae may be, Business Day, the
Paying Agent shall immediately notify the Bond Insurer or its designee on the SIDie Business Day by
telephone or telegraph, confirmed in writing by registered or certified mail, of the IIIIOIDlt of the deficiency.
(c) If the deficiency is made up in whole or in part prior to or on the payment dale, the Paying
Agent shall so notify the Bond lnsum or its designee.
( cl) In addition, if the Payina Agent Im notice 1h11 Ill)' Owner bu been niquired to dilgorJe
payments of principal or inlerest on the Bondi to 1 1nlSlee in Bankruptcy or credilan or Olberl punulllt to
I final judgment by I court of compelmt jurildic:tioa dllt such payment cmmtulel m avoidable peinnce
to such Owner within the meuing of Ill)' applicable bllllaupllcy laws, then the Paying Aplll shall notify
the Bond i-or its dlllignee of such act by telephone or lelepphic notice, confirmed in writing by
Ngilta'eCI or certified mail.
(e) The Paying Agent is hereby irrcvoc:ably desipatecl, appointed, direc:llld and llllhorind to Id
• IIIGl'lley-in-fact for Owners of the Bonds • follows:
(i) If and to the extent lbere is I deficiency in mlOUIIII niquired to pay illlerat OIi the
Bonds, the Paying Agent shall (1)-* and delMI' to Slate SCreel Bank and Trust Compmy,
N.A., or ill succ:eaon UDder the Bond lnannce Policy (lbe "lnuaace Paying Apal"), in bm
utisfactory to lbe lmurwe Payiag Apt, an instrument appointing lbe Bond laMw • .-ii'
such Owners in Ill)' lepl proceeding relaled to the payment of such ..... and .......... to
tbe Bond laMw of tbe claims far __. to wbicb IUdl cllfieimcy ~ and wbicll • paid by
the Bond .__., (b) naiw a clllipa of lbe napecdw Owners (ad mt • Payiag Apat). la
............ wilb lbe lllllor of die Boad ,__ Policy, paymeat laD ... ...._ Apal wlda
leaped to die claims far inlnlt 10 -lped. llld (c) clilbune die -IO IUdl l9lplCllw 0nm;
111d
(h") If and to tbe ex1m1 ofa cleftciency in anGUllll niquired to pay principal oflbe Bonds,
the Payina ,\pat shall (1) execu111 and delher to die ...._ Plylaa Apat la bm ......._,
to die 1w Paying Apa&• iaaaW 11111 ........ Bond,-.• .... b lUdl 0..-
in Ill)' lepl proceediDa IWlllina ID die paymeat of lUdl principal and a _,,..._ ID 1111 Boad
bmnr of Ill)' of die Bonds lllmlldlnd ID die lmuraa Payiag Apal of lO mud! of lbe prilll:ipll
-a tbaeola bu DOI previoully bem paid s ill' wllida -,S • mt bald by lbe PayiDa
Agent and available ilr sucb paymeat (but sucb .....-111111 be ~ only if pay.-
li'om the in--Payia& Apal is received). (b) receiw •-.... ofllll ....... 0-S (and
not as Payiag Agent) in ICCOl'dwe wilb die tmar oflbe Bond '--Policy paymllll ...._
li'om the Insurance Payina Apt, and (c) disbune lbe -ID sucb Owaal.
(f) Paymenll with rapect ID claims ilr illlll'ell on and priDcipal of Boadl disbuned by die
Payina Apnt tum ~ « die Bond ...._ Policy 111111 DOI bl cmaidnd ID dilcllarp die
obligation oftbe City with rapect to such Bonds, 111d lbe Boad ._.. 111111 bacmM 1111 -oflllC:II
paid Bonds and claims for the interest in ICCOl'dance with die fillllOI' of die micn!MDI made ID it under die
provisions of this sublectioa or olberwise.
(g) bnlpecdve of wbetber Ill)' IUdl • .,... is a.-d ad .U--, .. Cil) ad ..
Paying Apa& hereby ... for the benefit of .. Bond ...... 11111:
01-/IPlfJ 0/
(i) They rwcopia 11111 to 1111 .... 1111 Boed ...._ -*-..,...., dlncdy or
indirectly (u by payia& tbroup die Payiag Apat). ae --ol prislpll of or .... • ..
Bonds, the Bond lunr will bl ........ ID die ri&hla of lllCII 0.-. IO NC1M die --fl
such principal and intanst lhlll 1111 City, with .... .._ • pr,MIW ad mly a-..
sources staled in dais~ and ~ Boa*; ad
13
t
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•
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(ii) They will accordingly pay to the Bond Insurer the amount or such principal and
interest (including principal and interest recovered under ....,ap11 (ii) or the fiat paalflllh d
the Bond Insurance Policy, which principal and interest shall be cleaned pat u and not to have
been paid), with interest thereon u provided in this Ordinlllc:e and the Bonds, but only from the
sources md in the manner provided herein ir the payment of principal or and interest on the
Bonds to Owners, md will otherwise tn,at the Bond Insurer u the owner or such rights to the
amount of such principal and intetest.
(h) In connection with the issumce or additional Bonds, the City sball deliver to the Bond
Insurer a copy of the disclosure docwneut, ifmy, circulated with respect to such additional Bonds.
(i) Copies of my 1111endmen11 made to the documenll exec:uted in c:onnec:tion with the issuance d
the Bonds which are COIIICIIIIDd to by the Bond Insurer shall be sent to Slmdard .I: Poor' s Ratings
Services, a Division of The McGraw-Hill Companies, Inc.
0) The Bond Insurer shall receive notice or the resignation or removal or the Payin& Agent and
the appointment of a successor thereto.
(k) The Bond Insurer shall receive copies or a11 notices required to be deliwnd to Owners and.
on m annual basis, copies of the City's audited financial m1m1en1s and Annual Budpt.
Any notice that is required to be given to a Owner of the Bonds or to the Payin& Agent punumt to this Ordinmce
shall also be provided to the Bond Insurer. All DOCices required to be pven to the Bond IDsurer under this
Ordinance sball be in writing and sball be sent by rqislered or certified mail addr...s to MBIA llllunnce
Corporation, 113 Kina Street, Armonk, New York 10504, Aaention: Surveillaace.
Sectioa 23. EYeab Oenrrlq oa O.JI Tllat An Not ..._ Daya. Except • othawise specifically
provided herein with respect to a particular payment, event or actloa, if my payment to be made bmunder or Ill)'
ewnt or action to oc:c:ur hereunder which, but Ir dlia Section, ii to be made or is to -OD a day lhlll is not a
Business Day, such payment, event or action shall illlleld be made or -oa the aat aucceedilla day that is a
Business Day with the sane effect as if it was made or oc:c:uned oa the da oa wbich it -oriplally ICbeduled to
be made or oc:c:ur.
Sectloa 24. U.ltatiH of Actlou. In ICClldmce with Sec:tioa 11-57-212, Colorado Reviled Slalures,
no lepl or equitable action cm be bnJu&bt with respect to Ill)' leplmw am or pn,c:eediDp ID c~ with tbe
authorization or iss'*1Ce or the Bonds more 1hlll 30 days ak the isllma or lldbc..lmiw or sucb -1ties,
whic:hewr oc:cun lllier. -
Sedioa 25. Onll••-la Coatnet wtdl OwMn of lloau ud ln1p 11lallll Allr lbe Bondi haw
been issued, dlia Ordinance shall be and rmlain a c:oanct --lbe City and lbe 0.-. or lbe Bondi and sball
be and remain srei-Jab)e until all amounll due with respect to the Boads sball be ftdly paid, lllilfied and
discharged and all other obliptions or the City with respect to the Bonds shall have been llllisfted in the -
provided herein .
SectiH l6. Headlap. The headings to the various IICtioas and subw:tioaa to this Ordiamce bave
been insened solely for the convenience of the reader, are not a pan ordlia Ordlnmc:e md sball not be 1118d in Ill)'
manner to interpret this Ordinance.
Sectioa 27. ScYerablUty. It is hereby expreuly dec:llnd 11111 all pnMliw _.,, and lbelr applicldon
are intended to be and ae sevenble. In order to implement such inleal, if my proviliae _.,, or lbe applicldon
lhcreof is determined by a court or administrative body to be invalid or WlbWIIIII, ill wbole or la pan. sucb
determination sba1I not aff'ect. impair or invalidlle Ill)' adllr provilioa ..., or lbe ..,. .. l8i -or .. proviliaa in
question to Ill)' OCher situalioo; IIICl if Ill)' proviaioa .._. or Iba applicllioa .._, ii ..._.. by a aat or
adminiSlrllive body to be valid or Clllbaable unly if ill applicllioa ii 1imilld. ill applkalile 1111111 be limiled •
required to most fully implemmt its pulllOIC.
01-l /9J9J 01 14
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Secdoll 21. Repeal of ._.._t Onllllu-, Raohltiou, BylaWI, R•la uc1 Onlen. All
ordinances, raolutiom, bylaws, nales 111d orden, or par11 lbereot; 1bat -incomiltmt with or in c:aaflict with this
Ordinimc:e, are hereby repealed to tbe mdml of such incansilllnc:y or c:mftic:t.
Secdoll 29. Ratillcadoll of Prior Actloa All actions lllneofin lalcm (not incoosiltmt with tbe
provisions of this Ordinance, tbe Ac:t or tbe Ballot Question) by tbe Council or by tbe offlclll llld anployeea m tbe
City directed toward the issumc:e m tbe Bonds for the pmpoaes herein set fm1b -blnby l'ldfied, approwd 111d
c:onflrmed.
Seetloa JO. Dedandoll of l•....-y. The iuuance of die Bonda -IPl"OWd by Citywide eJec:tion
in November of2001 and City Council hll bNl ldviNd that die dlli¥ay «die Bonda lhortly lllr tbeir ale will
permit the City to obtain tbe lowest ill1lrat ._ poalble Ir tbe Banda; tbnfin, tbe Council blnby fiDdl 111d
dllmmlnes that this Ontilllnce is ~ ... tbe ~ ........ « public property, bolllb, .,.., 111d
safety and sball be in ftlll force 111d effect ima.1ill1ly apcm fiDII ...... by tbe Couacil.
Introduced, read in fllll, 111d pmed a • -pncy ordiam ao &a reading, ao tbe 5th day m Aapst,
2002.
Published u a Bill for ID Ordinlllc:e on the IJ* day of Aupit, 2002.
Read by title and paued Oil final readin& U ID l!merpncy Ordiaace Oil tbe 19* day of Aupit, 2002.
Published by tide u Emerpnc:y Ordinlnc:e No.__, Series of 2002, ao tbe 23,. day al Aapst, 2002.
ATTESTED :
Loucrisbia Ellis, City Cleric
I, Loucrishia Ellis, City Clerk for the City m Englewood, Colorldo, blnby cmdfy dlll tbe abow 111d
forqoin& is a 1n1e copy of the Emqllll:y Ordlaa pmed oo &Ill ..... and publilllld by tide • l!mqlllcy
Ordinace No. __ , Saia of 2002 .
01-/lfJ,S 0/ 15
0
No.R-_
"A" Interest Rate
"·
APPENDIX A
FORM OF BOND
UNITED STATES OF AMERICA
ST ATE OF COLORADO
CITY OF ENGLEWOOD, COLORADO
GENERAL OBLIGATION BOND
SERIES 2002
Maturity Date
Dec:cmbcr I,_
Oriplal Dated Date
REGISTERED OWNER: Cede & Co.
Tax Identification Number: 13-2SSS 119
PRINCIPAL SUM:••
s ___ _
CUSIP
DOLLARS''
The City of Englewood, Colorado, a duly organized and validly existing home-rule municipality of the
State of Colorado, for value received, hereby promises to pay to die ordllr of tbe registered owner named above, or
registered usigns, the principal sum stated above on the maturity dare stated above, with interest on IIICb principal
sum fiom the original daled dare stated above It the interest .._ per annum stated &bow (calcullled bllled on •
360-day year of twelve 30-day months). payable on June I and December I of each yea-, commenciq .
Capdaliz.ed terms used but noc defined in this bond shall have the meanina asaiped to them in the Ordinance of the
City authorizin& the issuance of the Bonds.
The principal of and interest on this bond is payable to the repaered owner bnof upon pr..-ion 111d
sWTender of this bond at the principal opcntions office of Tbe Bank of Cherry Creek, a brancb of Wlllmnl Nalional
Banlt, as paying qent, in Denver, Colondo, or at IIICb other office of the Payiq Apnt clalp#ecl by the Payiq
Agent for such purpose. lnterest on this bond is payable by cbeck or chi of the Payiq Apnt mailed on the
-Interest Payment Dale to the registered owner hereof • of the Mlmth day of the month immedialely precediDa the
month (whether or not such day is a Business Day) in which the lllllnlt Paymmt 0. occurs; provided tbal,
interest payable to the registered owner of this bond may be paid by my Olber -..,..i to by such ,..._.
owner and the Paying Agent that does not require the City to make moneys available to the l'ayin& Aaent artier
than otherwise required under the Ordinance or incrase the COSll borne by the City under the Ordinance; provided
further, that, so long as Cede & Co. is the registered owner of this bond, the principal of and interest on this bond
shall be paid by wire transfer to Cede & Co. Any payment of principal of or interest on this bond tilat is due on a
day that is not a Business Day shall be made on the next 11icceedin& day that is a Business Day with the £&me cflia
as if made on the day on which it was originally scheduled to be made. All payments of principal of and interest on
this bond shall be made in lawful money of the United Slates of America.
This bond is part ohn issue of aeneraJ obliplion bonds of the City desipaled the City of Englewood,
Colorado, General Oblipion Bonds, Series 2002, iuued in the principal &IIIOUIII of$ (the "Boads").
The Bonds have been issued punuant to, under the IUlbority of, 111d in l\dl confannily with, tbe Charter, the
Constitution and the laws of the Stale, includiq. in paticular, Pan 2 of Ar1icle 57 of Tide 11, • ~
(collectively, the "Act"); punuant to authorization by a majority oftbe ...-.S elec:un oftbe City vocina in m
election duly called and held on Novanber 6, 200 I ; 111d punlail to a ordiDmce adaplld by die City Coullcil of the
City. THE ORDINANCE CONSTITUTES TifE CONTRACT BETWEEN TifE llEGISrellED OWNER OF
THIS BOND AND THE CITY. nus BOND IS ONL y EVIDENCE OF SUCH CONTRACT AND, AS SUCH,
02-1 /9J9J OJ
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(j
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IS SUBJECT IN ALL RESPECTS TO THE TERMS OF THE ORDINANCE, WHICH SUPERSEDES ANY
INCONSISTENT STATEMENT IN THIS BOND .
Simultaneously with the issUIIICe of the Bonds, the City is also issuing seplll'llle, detailed Registered
Coupons evidencing additional interest on the Bonds. The interest l'llle stated above is the interest designated as
"A" on the Bonds . Owners of the Bonds will receive only the principal of and interest designated in the Ordinance
as "A" on the Bonds. Owners of the Registered Coupons will receive only interest designated in the Ordinance as
"B" on the Bonds .
The Bonds have been issued by the City for the purpose of providing funds h the Project descnbed in the
Ordinance. The Bonds are general obligations of the City and the full faith and credit of the City are pledged h the
punctual payment of the principal of and interest on the Bonds. For the purpose of paying the principal of and
interest on the Bonds when due, respectively, the Council in the Ordinance bas COYelllllted annually to determine
and certify to the Board of County Commissioners of Arlpaboe County, a rate of levy h general ad valorem taxes,
without limitation as to rate or amount, on all of the taxable property in the City, sufficient to pay the principal d
and interest on the Bonds when due, respectively, whether at maturity or upon earlier redemption.
[The redemption provisions fiom Section 4 of the Ordinance and the Sale Certificate shall be set htb
herein.]
Notice of any redemption of Bonds shall be given by the Paying Agent in the name of the City by sending
a copy of such notice by fint-class, postage prepaid mail, not less than 30 days prior to the redemption date, to the
Owner of each Bond being redeemed. Such notice shall specify the number or numben of the Bonds so to be
redeemed (if redemption shall be in pmt) and the redemption date. If any Bond shall have been duly called ir
redemption and if, on or behe the redemption date, there shall have been deposited with the Paying Agent in
accordance with this Ordinance funds sufficient to pay the redemption price of such Bond on the redemption dale,
then such Bond shall become due and payable at such redemption date, and fiom and afla-such date interest will
cease to accrue thereon. Failure to deliver any redemptioo notice or any defect in any redemptioo notice shall not
affect the validity of the proceeding for the redemption of Bonds with respect to which such failure or defect did not
occur. Any Bond redeemed prior to its maturity by prior redemption or Olberwise shall not be reissued and shall be
cancelled.
The Paying Agent shall maintain registration books in which the ownership, u..&r and excblnge d
Bonds shall be recorded. The person in whose name this bond shall be registered on such replnltion books shall
be deemed to be the absolute owner haeof for all purposes. whether or not payment on this bond shall be overdue,
and neither the City nor the Paying Agent shall be affected by any notice or other information to the contruy. This
bond may be transferred or exchanged at the principal office of the Paying Agent in Denver, Colorado, or at such
other office of the Paying Agent designated by the Paying Agent h such purpose h a like aggrep11e principal
amount of Bonds of other autbormd denominatioos (SS,000 or any integral multiple tbareof) of the SIDie maturity
and interest rate, upon payment by the tnnsfine of a reasooable u..&r Ile escablilbed by the Paying Agent,
together with any tax or governmental charge required to be paid with respect to such u..&r or exchange and Ill}'
cost of printing bonds in connection therewith. Notwithstanding any other provision of the Ordinance, the Paying
Agent shall not be required to transfer any Bond (a) which is scheduled to be redeemed in whole or in pan between
the Business Day immediately preceding the mailing of the notice of redemptioo and the redemption date; or (b)
between the Record Date for any Interest Payment Date and such Interest Payment Date.
The Ordinance may be amended or supplemented fiom time-to-time with or without the consent of the
registered owners of the Bonds as provided in the Ordinance.
It is hereby cenified that all conditions, acts and things required by the Charter, the COllltitution and lawa
of the State, including the Act, and the ordinances of the City, to exist, to happen IDd to be perfonned, precedent to
and in the issuance of this bond, exist, have happened and have been performed, and lhll neither this bond nor the
other bonds of the issue of which this bood is a pmt exceed any limiwioos pracribed by the Charter, the
Constitution or laws of the State, includina the Act, or the ordinances of the City .
This bond shall not be entitled to any benefit under the Ordinance, or become valid or obliprory h Ill}'
purpose , until the Paying Agent shall have siped the certificate of authenticalion 1-.
02-//9J9J 0/ A-2
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IN WITNESS WHEREOF, 1be City Council oflbe City Im CIIINd dua boad to be -.S widt die
sipatun. of i1I Mayor 111d lllmllecl by die sipalun of i1I City ctn, 11111 bu __. die INI of 1be City to be
impreued or imprinlled i.-. all• of die due Ht lbrlh below.
11iE CITY OP BNOLEWOOD
[Cl1Y SEAL]
By ______________ _ ...,..
By __________ _
City Clerk
'l1lil boad la -of die bcmdl of die i.u. dllCribld ia die wwillliailllilt-a_.1 ••lllld Onlillace.
o.ct: ____ _
111B BANK a, atlUY CIIIEIC,, A IIMNCII OP
WESTDM NATIONAL RANK,•...,... A.-
By _______________ _
STATUIDff OI' INIUllANCS
[lbe ...... ofboad ..._..,....1,y .. c-tcr..n ... ,....._)
01-11'ffl.OI A-3
APPROVING UGAL OPINION
Set forda below ii. true copy oflbe appnwilla lepl opiaiaa of'Kulllt Rock LLP, delivered OD die date OD
wbic:b lbe Bonds were oripnally luued:
[The form of lepl ~ of Baad ec-.1 lball be -forda hen.]
I, lbe lllldenipd City Cledt al lbe City al Eapwood, Colando, do lln,y ~ Iba lbe 1npias
lppl'OYiDa op1Dia11 oflCulalt Rock LLP, Demw, Colondo, ii a true and ClCllllplllle copy al a manually exec:uted 111d
dlllld copy tbaof CID ftle in lbe offlclal lWCillldl of'tbe City.
ASSIGNMENT
FOR VALUE RECEIVED die ~ lln,y ..U., wtam 111d 1ladn 11111D
(Pllae prilll or typnrill -and..._ of'lnnllne)
(Ta hlt+wl62Ci1111 or Social 5-ily No.)
Dared: ____ _
Signaaurc(s) must be ......-S by a
llllbODal bank or trust c:an.-,, or by a
brokenp firm bavin& • manbenbip ia -
of lbe major stock excbqes.
NOTICE: n. ...... • .. t= ... cu ,. w1111 .. _.1e..,.....-.. or .. ..._ .... IWIY,.....,..._ .......... Pora, ..........
nANSFER FEE MAY BE RBQUJRBD
01-l 1'JPJ.OI A-4
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No. RC-_
"B" lalerest
Payment Dale
APPENDIX&
FORM OF REGISTERED COUPON
UNITED STATES OF AMERICA
STATE OF COLORADO
CITY OF ENGLEWOOD, COLORADO
REGISTERED "B" INTEREST COUPON
AaoHtOf
"B" lalerelt Dae 0. "B"
lalerelt Payment Dale
s ___ _
REGISTERED OWNER: Cede & Co.
Tax Identification Number: 13-2SSSI 19
PRINCIPAL SUM: ••
0 .
s __ _
CUSIP
The City of Englewood, Colorado (the "City"), a duly orpaiDd and validly existing home-rule
municipality of the State of Colorado (the "State"), for value receiwd, hereby promises to pay to the replm9d
owner named above, or registered usigns, on the payment date set flll1b above, the amount set flll1b above, which
amount representS a proponional interest in the total amount of supplemenlll inlenst dealp#lld "8" to be paid on
the outstandlng principal amount rl the City's OcmraI Obliption Bonds, Series 2002, dllled 111d
issued in the aggrepre principal amount ofS (the "Bondi").
The Bonds and the "B" interest on the Bondi evidenced by this Resilaed Coupon haw bal aulbariad
by a ordinanc:c of the City pmed and ldopled by the City Council m the City prior to die --.... (the
"Bond Ordinance"). The Bond Ordinance may be miended or supplemented from aa.-to-tlme with or without the
consent of the registered owrms of the Registered Coupons• provided in the Bond Ordinmce. The Bondi 111111n,
bear interest, and -subject to redemption, all • speciflc:aliy set fcll1h In the Bond Ordiamc:e, 111d the proviliom fl
the Bond Ordinance me hereby incorponled benin by reference. The "8" interat is calcullled • the me IDd in the
manner set forth in the Bond Ordinance. .
The amount of "B" interest payable hereunder is payable in lawful moaey m die UDilmd Stalls m Anail::a
to the registered owner hereof upon presentation and surrender of this Repten,d Coupon • die principal omae fl
The Bank ofChmy Creek, a branch of Western Nllional Bank, • Payin& Apnt (the "Payina Apal"), in 0..--,
Colorado, or 11 such other location as the Payin& Aaent may direct. If the dllls b malda& payme111 or pafannia&
any action regarding this Registered Coupon is on a day that is not a Busineu Day (• cWlned in Bond Ordinace)
such payment shall be made or act performed on the next 11ic:ceedin& day that is a Businesa Day with the -6t
as if made on the day on which it was originally scheduled to be made.
This Registered Coupon may be 1raWfemd, cxcbanpd, and reiaued 11 the principal oftlcle m die Payina
Agent, or its successor as Payiq Agent, all in accordance •.vitb the Bond OnlinlDce.
This Registered Coupon shall not be entitled to 111y benefit under the Bond Ordilllllce, or becmDe valid or
obli&atOrY for any pllJpOIC, until the Payin& Apnt shall llaw lipecl the ca1inc. m ...... kif• a.-. TIIE
BOND ORDINANCE CONSTinJTES 1HE CONlllACT BETWEEN TIIE REOIS'IUED OWNER OF nos
REGISTERED COUPON AND 11fE CITY . nus REGISTERED COUPON IS ONLY EVIDENCE OF SUCH
CONTRACT AND, AS SUCH, IS SUBJECT IN ALL RESPECTS TO TIIE TERMS OF TIIE BOND
ORDINANCE, WHICH SUPERSEDES ANY INCONSISTENT STATEMENT IN THIS llEOISTERED
COUPON .
01-//PJPJ n1
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IN WITNESS WHEREOF, the City Council « lbe City bu called this Registered Coupon to be
executed with the signature of its Mayor and llt.ested by the siplllW'e af its City Clerk, and bu aued the sal «
the City to be impressed or imprinted hereon, all• oflbe dlle ll)OCified above.
111B CITY OF ENGLEWOOD
[CITY SEAL]
Attest:
CIRTIFICATE OF AUTHENTICATION
Dis Registaed Coupon is ooe fl lbe repund coupona delc:ribed in lbe witbin-mmtiaaed Bond
Ordilmx:e.
Daled: ____ _
111B BANK OF CHER.RY CR.EEK. A BRANCH OF
WES1UN NATIONAL BANIC, • Payiaa Apat
By _______________ _
STATEMENT OF INSURANCS
ASSIGNMENT
FOR VALUE RECEIVED die ........ lllnby ..U., -.. ad IIWfn 11111D
~,.... .. .,....._ ......... .,,.,......)
(TulO 11111 wledlPs..tlJ..._)
lbe wilhin ,.....i c:oupaa ad all .... ._ t , ad llll'lby in'lwocallly WI -ad ...... ....---..-
.._, ID ....... wilPil ......, .... a .. Nib apt Ir
-repslrllioa-.---.. ---. widl-.-fWl-.,_.--r1 .......... ........
,i.,,,,,,,, 8-2
• •
Dlled:. _____ _
'JllANSPER FEE MAY BE REQUIRED
01-l/9J91.0I B-3
1.
2.
3.
AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, AUGUST 19, 2002
7:30 P.M.
Englewood Civic Center· Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
Call to order. IJ:35j; ~
Invocation
Pledgeof g ~
5. Minutes.
114'='-0 a. Minutes from the Regular City Council Meeting of August 5, 2002. /))~
6. Scheduled Visitors. (Please limit your presentation to ten minutes.)
~
7. Unscheduled Visitors. (Please limit your presentation to five minutes.)
fr
8. Communications, Proclamations, and Appointments.
/Ubd~-o ()J~,,~-1/J~ f'L 6-,t.-1--d. -fT .. d . " J t: oclamation declarinf !eptember as N~tional Alcohol and Drug Addiction
Recovery Month.
A resolution appointing Jason Fish as a Youth Member to the Englewood Public Library
Board .
A resolution reappointing Kendra Grazulis as a Youth Member of the Enslewood Parb
and Recreation Commission.
A resolution appointing Christopher Jones as a Youth Member to the Englewood Parb
and Recreation Commissicn.
f'leMe notr. If you hatwe a lllallilly wl MN.....,_. or---. plwe _., Ille Clly olbal••MII
(303-762-2405) 11 INlt .. houn ill..._.., ............ MNN. ...... ,...
t
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Englewood City Council Agenda
August 19, 2002
Pagel
9. Public Hearing (None Scheduled)
p
fU:d .;.,0
~~ -/()4BIY,~ ~/J~,.J~.Dc...A /()a.1>t' loe.i ,i . .,_i1i· .. rr. 5'-v a. Approval of Ordinancea-First Rtrading. . v~-""IU ) .I
b.
c.
i. Council Bill Ng 40 · Recommendation from the Finance and Administrative
"'services Department to adopt a bill for an ordinance authorizing amendments
to the City of Englewood Police Pension Plan Document STAFF SOURCE:
frank Gryglewicz. Director of finance and Administrative Semces.
ii. Council Bill No 41 · Recommendation from the Finance and Administrative
'"services Department to adopt a bill for an ordinance authorizing amendments
to the City of Englewood Firefighters Pension Plan Document STAFF SOURCE:
frank Gryglewlcz. Director of finance and Administrative Semc:es.
App~of Ordinances on Second Reading.
Resolutions and Motions.
i.
ii.
Recommendation from the Human Resources Department to adopt a resolution
authorizing an amendment to the Collective Bargaining Agreement with the
Englewood Employees Association for 2003. STAFF SOURCE: Sue Eaton,
Director al Human Reaources.
Recommendation from the Human Resources Department to adopt a resolution
approving a cost of living adjustment for calendar year 2003 for the managerial
and supervisory employees (General Services, Polke, and Fire), confidential
employees, and part-time employees. STAFF SOURCE: Sue Eaton, Director of
Human Rnoun:es.
iii . Recommendation from the Public Worlcs Department and the Parks and
Recreation Department to approve, by..!!!251m a Professional Services Contract
with Lyman Davidson Dooley, Inc., in an amount not to exceed $397,780 for
architectural design of the Aquatic Park. STAFF SOURCES: Rick K.ahm, Capbl
Proiects Director and Jerrell llad, DindDr al hlb and Recreation.
11 . Regular Agenda.
a.
b.
Ap1-~f Ordinances on First Reading.
Approval of Ordinances on Second Readln1-
Council Bill No. 30, an eme,pnc:y ordinance lUlhorizint and approvtn,1 the
lease-purchase of computer hardware and operallnt softwar9. I .a 1 telecommunications equipment, and polce i.ptop COfl!Pl*rS. (/V~
,.._ note: If you have a llNllillly wl Med....,_. ....... -.....-.. Cllr el 11111•••
(303-762•2405) al ...................................... ,...
Engf-ood City Council Agenda
August 19, 2002 Moen moved to app,ove Agenda lllm 11 b ii . THE MOTION DID NOT PASS .
Page 3 [The \/Ole rwu11-3-2 (Nays: Waloeyn, Yurdlk:k). The City Charw ..... that
"E~ ordinance ahlll 19QUW9 the alllnnallll9 \/Ole <:A the majOl1ly <:A .. ll*lilNilhip
enh Council for ftnal pauge.1
Council Bill No. 36, amending Tide 11, Chapter 1 of the Englewood Munici~
. Code to allow parking privileges for persons with disabilities on specific days
and during certain hours.
t52i..,l-ge/ iii. Council Bill No. 39, an emergency ordinance authorizinR the issuance of bonds ~5-0 for the Parks and Recreation Aquatia Park Project /))~
c. Resolutions and Motions.
,b
12. General Discussion.
a. Mayor's Choice.
b. Council Members' Choice.
13. City Manager's Report
14. City Attorney's Report.
Adjoumment'7.'5~
The following minutes were transmitted to City Council between Aupt 2 and 1 S, 2002:
Englewood Cultural Arts Commission meetlns of June 5, 2002
• Englewood Cultural Arts Commission telephone pol of July 3, 2002
• Englewood Planning and Zonins Commission rneelin& of July 9, 2002
Alliance for Commerce in Enslewood meetins of July 11, 2002
Englewood Parks and Recreation Commission meelin& of July 11, 2002
• Englewood Transportation Advisory Committee meet1n1 of July 11, 2002
Englewood Planning and Zoning Commission meeting of July 16, 2002
PluH note: If you haw a 6aliility • NN...., Ill*•---. ..... ..., .. 0, f//lC I ....
(303-16l·2405)ati..t41 .............................. 111111111,-.
AGENDA FOR THE
REGULAR MEETING OF
Englewood Civic Center • Council Chambers'
1000 Englewood Parkway
1.
Englewood, CO 80110 JH. •
==?3<~ ~-~~
2.
3 .
Ra1c•1. ~,d-(fiBS-~ )~
5. Minutes.
4.
~{)~ '°"'ute,&omd,oR ....... OtyCowd-olAu .... S,2002. ~
6. Scheduled Visitors. (Please limit your presentation to ten minutes.)
~
7. rs. (Please limit your presentation to five minutes.)
ommunicati1,~ocl~a~rd Appointments.
a . proclamati~ dJlarlng September as National Alcohol and Drug Addiction Of
l~!l/b,
0,o (JI/ <;P_ c.
~g-JKL_d.
Recovery Month .
A resolution appointing Jason Fish as a Youth Member to the Englewood Public Library
Board .
A resolution reappointing Kendra Grazulls as a Youth Membef' of the Englewood Parb
and Recreation Commission.
A resolution appointing Christopher Jones as a Youth Member to the Englewood Parb
and Recreation Commission.
Please note: H,-hawa....atywl ... ....., Iii*•---. ......... 0, .. E ~,a ...
(303-762-J405)al ....................................... ,...
• •
Englewood City Council Agenda
August 19, 2002
Page2
9. Public Hearing (None Scheduled)
~ • >.
sentAgenda. /O ~ / f/ i. l /-/{ /
. J'5 ,O Approval of Ordinances on ~irst Reading.
(J. i. Council Bill No, 40 • Recommendation from the Finance and Administrative
b.
c.
Services Department to adopt a bill for an ordinance authorizing amendments
to the City of Enslewood Police Pension Plan Document STAFF SOURCE:
Frank GryJlewic:r, Director of Finance and Administrative Services.
ii. Council Bill No. 41. · Recommendation from the Finance and Administrative
Services Department to adopt a bill for an ordinance authorizing amendments
to the City of Englewood Firefighters Pension Plan Document STAFF SOURCE:
Frank Gryglewicz. Director of Finance and Administrative Services.
App~ Ordinances on Second Readin~
Resolutions and Motions.
~~ i. Recommendation from the Human Resources Department to adopt a resolution
authorizing an amendment to the Collective Bargaining Agreement with the
Englewood Employees Association for 2003. STAFF SOURCE: Sue Eaton,
Director of Human lesourc:es.
Jk413
Ii. Recommendation from the Human Resources Department to adopt a resolution
approving a cost of living adjustment for calendar year 2003 for the managerial
and supervisory employees (General Services, Police, and Fire), confidential
employees, and part-time employees. STAFF SOUICE: Sue Eaton, Directof' of
Human Resources.
11 .
iii. Recommendation from the Public Works Department and the Parks and
Recreation Department to approve, by .!!!Q!!2t,, a Professional Services Contract
with Lyman Davidson Dooley, Inc., in an amount not to exceed $397,780 for
architectural design of the Aquatic Park. STAFF SOUICES: Rick ICahm, Capital
Projects Director and Jenell Black, Director of Pub and leaeation.
', ' " .. Regular Agenda.••$ £) i J )f
a. App~f Ordinances on First Reading.
b. Approval of Ordinances on Second Readin~
A.A .J IL. !Jd i. Council Bill No. 30, an emergency ordinance authorizing and~ the
V t().-:Jl-. _:l.O lease-purcNSe of computer hardware and operating software, / r-. J1.. _
~,l'5"-,cjommu.-om-ondpoke--lf ~
Please note: If you haw a tliullilly wl aNtl _.., ... ..._ ,.._ ._ .. aa, .,E .. atDN
(303-7~·240S)atlult41llaalia..._.ol ............... ..._.,_.
"" •.
..
.
Englewood Caty Council Agenda
August 19, 2002
Pagel
J,0'
· Council Bill No. 36, amending Tide 11 Chapter 1 of the Englewood Mun
-..cz-._g... ~~--on,pedftcday,
(J7 JJ. v:I iii. Council Bill No. 39, an e~ance authorit~~~~e of bonds ~'f:i-0 for the Parlcs and Recreation Aquatics Park Project ~
-,~ Resolutions and Motions.
ff
12. General Discussion.
a. Mayor's Choice.
b. Council Members' Choice.
13. City Manager's Report
14. Ci~s Report
Adjoummenl '7: 5" t
The following minutes were transmitted to Oty Council between Aupt 2 and 1 S, ·2002:
Englewood Cultural Arts ,Commission meeting of June 5, 2002
Englewood Cultural Ms Commission telephone pol of July 3, 2002
Englewood Planning and Zoning Commission meeting of July 9, 2002
Alliance for Commerce in Englewood meeting of July 11, 2002
Englewood Parks and Recreation Commission meeting of July 11, 2002
Englewood Transportation Advisory Committee meeting of July 11, 2002
Englewood Planning and Zoning Commission meeting of July 16, 2002
...._ IIOte: lfyau ... ~ ...... ...., ............... ..., .. aa,.,,' ••
(303-762-2405)al ............. .._. ....................... ,...
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