HomeMy WebLinkAbout2001-04-16 (Regular) Meeting Agenda PacketORDINANCE
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Regular City Council Meeting
April 16, 2001
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
I. Catt to Order
Regular Session
April 16. 2001
The regular meeting of the Englewood City Council was called to o rd er by Mayor Bums at 7 AI p .m .
2. lnrnution
The invocation was given by Cou ncil Member Nabholz.
3. Pledce of Allegiance
The Pledge of Allegiance was led by Mayor Burns .
4 . Roll Call
Present :
Absent :
A quorum was present .
Also present:
5. Minutes
Counci l Members Nabholz, Grazulis. Garrett. Brads ha". Wolosyn .
Yurchick. Bums
No ne
City Manager Sears
City Attorney Brotzman
City Clerk Ellis
Director Ross , Pub I ic \V orks
Director Gryglew1cz, Finance and Administrative Services
Manager of Open Space Lee. Parks and Recreation
Director Simpson, Community Development
(a) COUNCIL MEMBER GRAZULIS MOVED. A.l'iiD IT WAS SECONDED. TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL 2, 2001.
COUNCIL MEMBER BRADSHAW CORRECTED THE MINUTES BY ADDING THE WORD
"AND" ON PAGE 11, ITEM 12 (a) (i), SECOND PARAGRAPH , THIRD LINE. TO READ: IN
THE GOLDEN TRIANGLE AND IN THE ST. LUKE'S AREA.
COUNCIL MEMBER GRAZULIS ACCEPTED THE CORRECTIO~.
Vote result1:
Ayes : Council Members 'abholz, Garrett, Bradshaw, Wolosyn.
Yurchick, Grazuhs, Burns
Nays : None
Motion carried and the nunutes were approved as amended .
6 . Scheduled Vi11ton
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Englewood City Council
April 16 , 2001
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(a) Tom Sauer, All Souls School Athletic Director, introduced 8111 :l.l oore. Pnnc1pal of All
Souls School, Robin South, President of the Horne School and Joe Ga mty. who ha s been the btg catal yst
for All Souls to try to help put the field together at Centennial Park . We consider n a real hon or. he s aid . to
be pan of this pannership with the Ci ty and the Colorado Rock ies and we would like to g1w yo u a cite k
for $10,000.00 as pan of our contribution for the development of the e field s . M r. Sauer thanl.cd Cou ncil.
Mayor Bums accepted the donauon and offe red hi s thanks.
Council Member Bradshaw thanked All Souls.
Mayor Bums advised that the ground breaking for the Youth Rockie s Field would be Apnl 27"' at
Centennial Park and everyone was looking forward 10 that.
(b) Barbara J . Hodge, 3271 South Galapago Street. addressed Council regard mg a peuuon
she had submitted requl"Sting the implementation ofpenrut parkmg on Fox. Galapago and Huron between
Floyd and Eastman. We have become aware. she said. that there appear to be a severe parkmg problem
and we appear to have become an overflow parkmg. at the pre se nt ume . for the hght rail. It ts creatmg a lot
of problems in the neighborhood and we are . I thmk . very Justl y co ncerned wnh th e shonage , of what \\e
can tell so far . of parking areas allotted for the new apanment butldmg go mg up . We are co nce rn ed about
being in such close proximity to the entrance and 111 a ,·e'). ,·er) large o pening through th ere . Ms . Hodge
opined that there is going to be a problem. I wa told b ) a lady m the parkmg \'IOlauon s depanment. when
we had a problem with the ballgame parking. that It 1s pubh park mg and that we should just ge t used to 1t.
Ms . Hodge advised that the lady m the parkm g ,·1o lat1 o n depanment s uisges ted they find alternauve
parking. Which. she said, I find totall y unac eptable . We want to work \\ 1th the C it y of Englewood , we
like it here. I think it is a good City. We choose to sta y here and h\'e he re . I don't behc,·e th ough. that \\C
should be giving up any of our n ghts as tenant s and homeowners 111 the area . fo r apanment d"eller . \\'e.
quite frankly , feel like we are bein g kmd ofo,erl ookcd mall ofth1s. You ha\'e th e pettt1 o n. she aid . and I
think we had e\'erybody s ign o n South Galapago and th ere \\ere only a few I d idn't get o n o uth Hu ron and
South Fox and that was bec au e the y "ere not home or on ,·acauon. I d1d1i't ha,·e any of the people that "e
solicited for s ignatures dec line to sign . They all thought 11 "as a ,·cry good idea . We do re ent our stree ts
being used as O\'erflow parkmg . We su ppon the C u y Co un c il. we s uppon th e Ci ty o f Englewood and \\C
are asking now that you stand and s upp on th e c ,uze n and appro ve o ur petition . M s . H odge thank ed
Council.
Mayor Bums thanked Ms. Hodge for coming. He noted he had a couple of cornn1ents . Firs t. we pronused
the neighborhood that we would not route traffi c through their neighborhood fr o m thi s ne w de\'elopment .
he said, and that is why the wall is behind Wal-Man and the condominium de \'e lopment. I thmk we ha ve
kept that promise. He advised that the lig ht rail is staning to over pa rk , for the first time. 111 th e la st coupl e
months and RTD has an option for 500 more spaces th e re . Unfonunately, if th ey construc t th ose th ey are
going to have to go up, so we will have to have a parking stru cture . We talked to them about te n da ys ago .
he said, and he and City Manage r Gary Sears wi ll ha ve lun ch w11h them o n Friday about th e e iss ue and
the General Iron Works site. They don't ha\'e the funds ri ght now, at RTD , to build a S500 million pa rking
structure. but we want to meet with them abo ut s urveyi ng to find o ut \\here the peo pl e are comm g from
who park there . Mayor Bums pointed out that the ir stall sti cs show that 60 ~o of the nders o n the li ght rail
are first time users of transit. That means the y a re not used to rid mg a bus . lie noted there are seven bu s
bays underneath the bridge over here, so we are trymg to educate some of the e folks to go to a park-n-Ride
and come in on a bus, rather than a car. but some of the park -n-R,de are not available the wa y we would
like them to be a"ailable. He said I don't agree , and I don 't think the Counc il agrees. that yo ur
neighborhood should be used for overflow parking . That is not what "e had planned at all. As yo u sa id ,
this happened because of a Roc kie s game and tht s ca n happe n aga111 . I my elf. reall y apprecia te you r
petition. he said. I think that thi s I a problem we need to so l\'e TI1 e o nd onu mums are s upposed to se lf-
park on the mside , we don't p13n that there will be o,erflo" parkmg from the ondom111 1um s that will fl ow
into the neighborhood. We are also expenen 111g overflo \\ park111 g at ushmg Park . :l.1a yo r Durn s stated
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Englewood Cit~· Council
April 16, 2001
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that this is not what we want and we have taken this up very seriously with RTD . They told us , at one of
their visioning sessions a couple of weeks ago. that if they had another vote on increasing their tax that they
would include this parking structure and extending the light rail to Highlands Ranch . But . he pointed out.
that is not any kind of immediate solution. That is two or three year down the road. so we are not at all
satisfied with that solution. Frankly , he said , the polnics on the RTD board appear to be. that since we have
a light rail line, now. of course, everyone else is clamoring for theirs . A couple of years ago they didn't
know whether this was going to work and now they know it does, so they don ·1 want to spend any more
money on this line until they get their own. That is son of the parochial politics ofvariou members of the
RTD board. But still we are going to meet with them on Friday and talk some more about these is sues. We
are very interested in doing something about this . But, frankly. we don't want your neighborhood impa cted
every time there is a Rockies game or a weekend Rockies game. During the week is worse, he noted.
because then those going to work are parking there as well . He advised that these are challenges we are
going to take up with RTD. They have also told us that \\'e would have more parking at Oxford. but the y
didn't acquire a site for that. Mayor Burns commented that we have just a lot of parkmg issue s "1th RTD .
It is sort ofa nice problem to have , in a sense. as this means there are a lot of people us mg hght rail. But
we didn't mean for this to impact your neighborhood and I don't think Council wants that. \\'e apprec iat e
your petition. he said. and we will have our staff and the Publi Work s Depanment lo ok 11 o , er. \\' e me a n
to do everything we can to solve these problems and not have them impact your neighborhood. And.
frankly, I don ·1 really want staff members saying "get used 10 it , because It 1s a public street." 1 don ·, think
that is a proper response , he said.
Ms. Hodge stated that she was told they needed to consider finding alternate parking 100 . I said I reall}
don 't go along "~th that, she said. and the lady said, "well. \\e reall y do like our vehicles don·1 we ... 1 aid
yes we do, but when you work all day and come home and you can 't get within three or four block o f your
home, that is unacceptable.
Mayor Burns pointed out that that is where you hve , the other folks are going to a ballgame, th ey can
choo~ an alternate.
Ms. Hodge noted it is not just light rail. In the beginning. when the apartment construction wa s planned . I
believe t~y had planned one and a half car parking per apanment . Well. she mamtained, m thi s da y and
age that 1s ludicrous. There are 59 people where I work , she said . single and mamed couples. and I took a
sur\'ey t~re and there were ten single people and of those ten single people, seven of them had two
\'Chicles , two of them had three vehicles . They are saying there are one. two and three bedroom unit s and
they are alloning two vehicles per unit and for a one bedroom they arc allotting one vehicle . What 1f1he y
have a couple in a one bedroom unit, she asked . She pomted out e,·erybody likes \'Chicle s . They have their
sports \'Chicles. they have their pickups and they have their pleasure vehicles . 1 tried 10 find out. he said ,
how many parking spaces were actually allotted in there and she would not tell me .
Mayor Burns said what this does, in this development and others around the country. is that when you
restrict parking like that , what that forces the people who li\'e there 10 do is to make a c hoi ce before th ey
move in. Some will not have a vehicle at all when they mo,·e in there . This 1s happening m Ponland.
Oregon and other places where thi s has been done This is m1ent1onal , as this is what tran II onemed
development is about, 111s one of the ke y elements . lfyou ltve in a unit where you want to use that light
rail. then you make a choice that that 1s how you \\Ould like to go to work and go downtown and go to
sporting events or whatever. You will have 10 make a decision that you will not ha,·e the normal
compliment of\'ehicles if you are going to h\'e m this panicular place . It is not a situation where
everybody has whatever they want and if they don ·1 have enough parking in that condominium
development then they spill out into the neighborhoods with other parking. He stated that is not what we
intend with this. We intend that they make a decision before they ever move in that they are not going have
the kind of vehicle access from there that they would normally ha\'e. They have to make that decision
before they come m.
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Englewood City Council
April 16. 2001
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Ms. Hodge pointed out they will have visitors and company. Rather than wait until thin g get to that pornt .
she said, we wanted to ask the City Council to address it now and that is wh y the y prese nted the peuuons
Mayor Burns stated he appreciates them doing that .
Ms . Hodge commented that when the light rail builds a parkmg structure . she thinks 11 . hould be looked at
again. But I would really like the pennined parking now. she said. Mayor Bums said he under tands .
Council Member Bradshaw said, at this point . she would Just hke to 111 truct staff to me et with the re 1clents
and work out a pennit system unt il we can come up wuh somethmg better. I think a permit sys tem 1s
probably going to be the way we might ha \'e to go , she said, but I encourage s ta ff to meet with the Citi ze ns .
I really appreciate the classy way Ms . Hodge approached this problem, she said . She offered her thanks .
Mayor Burns pointed out that Ms . Hodge did a good JOb. she got a lot of signatures and he thanked her.
7. Unscheduled Visitors
(a) Lewis Hoffman, 4920 South In ca Dri\'e, ad\'ised that he wanted to talk to Counc il about a
sports competition that he has been in\'lled to compete in in Australia . It is called the 200 I Do\\11 lJnder
International Garnes, he said, and you ha\'e to be nommated to attend . Mr. Hoffman adnsed that he 1s a
state qualifier and in the top 50. academi ally . He had a handout, which he prese nted to Counc il The
competition is in Australia, he said, and he has to raise funds to finance the trip . I have been going to
Englewood businesses, he said, and people I know, asking for money and trymg to defra y some o f th e os1
of the trip. He said he was just wondering if the City of Englewood would be interested 111 s ponsonng th e
Colorado Cross County Team. The event is 5K, 3.1 miles. In response to Mayor Bums. Mr. Hoffman
advised that he is a senior at Englewood High School.
Mayor Burns congratulated Mr. Hoffman on recel\·ing the mvitation to compete . He asked abo ut ~1r
Hoffman's budget for the tnp. Mr. Hoffman advised that the total cost for the tnp 1s close to S3.000 00
He explained that it is a twelve da y competition. with nine days 111 Au traha and three days m Hawa 11 . I
will be competing with some of the fastest guy from, not only our co untry, but intemauonall ) The) are
some of the top 5K ruMers around, so. he said , he feels very honored and he "111 have to wmk pretty hard
to keep up "ith those guys. Mayor Bums said "e are honored too, because you are doing o well .
Council Member Bradshaw sugge ted Coun cil take it under advisement . She asked Mr. Hoffman ho " soon
Council would have to let him know. Mr. Hoffman advised that the deadline to have all the pa yment 111 1
June I w_ I will be leaving the 30"' of June . he said .
Mayor Burns advised Mr. Hoffman that the y would see what they could do . He thanked Mr. Hoffman for
corning and offered his congratula11ons .
Council Member Bradshaw congratulated Mr. Hoffman.
Mr. Hoffman offered his appreciation and he thanked Council.
8 . Communications, Proclamations and Appointments
(a) Leners from Community Development Dire ctor Bob Simpson and Planmng and Zo111ng
Conunission Chair Carl Welker requestmg that Council declare a va ancy on the Plannmg and Zonmg
Conunission were considered.
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April 16. 2001
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Mayor Burns noted that Council has the leners in front on them regarding Commissioner Rm inger. Mr.
Rinmger has been on the Planning and Zoning Commission for some time . I think he wa s even reappom1cd
at o~ tinr. he said. but because of his anendance problems we have been requested 10 declare a va cancy.
COUNCIL MEMBER BRADSHAW !\IOVED, AND IT WAS SECONDED. TO DECLARE A
VACANCY ON THE PLANNING AND ZONING COMMISSION.
Ayes:
Nays:
Motion carried.
Council Members Nabholz, Garren, Bradshaw. \Volo yn.
Yurchick, Grazulis, Burns
None
(b) A resolution appointing Patricia Mueller to !he Englewood Planning a nd Zonmg
Commission was considered.
Mayor Burns noted that Patricia Mueller was previo usly named as an alternate to the Englewood Planning
and Zoning Commission.
The resolution was assigned a number and read by title :
RESOLUTION NO. 29. SERJES OF 2001
A RESOLUTION APPOINTlNG PATRJCIA M ELLER TO THE PLA . fNING AND ZO~ING
COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO .
COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECONDED, TO APPROVE
RESOLUTION NO . 29, SERIES OF 2001.
Motion carried.
Ayes : Council Members Nabholz , Garrett , Bradshaw, Wolos111,
Yurchick, Grazults. Bums
Nays : No~
(c) A proclamation declaring the month of Ma y as ALS A"areness Month "a ons,dcred .
Mayor Bums noted that ALS 1s Amyotroph1c Lateral Sclerosis, whi ch is conunonly called "Lo u Gehng·s
Disease."
COUNCIL MEMBER WOLOSYN MOVED , AND IT WAS SECONDED, TO PROCLAIM THE
MONTH OF MAY AS ALS AW ARE NESS MONTH.
Ayes: Council Members Nabholz, Garrett , Bradshaw, Wolosyn.
Yurchick, Grazulis, Bums
Nays: None
Motion carried .
9 . Public Hearin&
No public hearing was scheduled before Council.
10 . Comcat A&cada
COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (a) (I) THROUGH (h•), 10 (b) (I) THROUGH (Iii). AND 10 (c) (I)
THROUGH (Iv).
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Englewood City Council
April 16, 2001
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(a} Approva l of Ordinances on First Re_ading
(i) COUNCIL BILL 10 . 17. INTRODUCED BY COL~CIL MEMBE R
GARRETT
A BILL FOR AN ORDINANCE AMEl\DING TITLE 3. C HAPTER 4 . SECT101' 3 AND ADDING A
NEW SECTION 18, OF THE ENGLEWOOD MUNICIPAL CO DE 2000 PERTAINl-:S:G TO T HE ITY
OF ENGLEWOOD NONEMERGENCY EMPLOYEE RETIREMENT PLAN .
(ii) COUNCIL BILL NO . 18. INTROD UCED BY COUNC IL MEMBER
GARRETT
A BILL FOR AN ORDINA 'CE APPRO\'l:'\G AND A THORIZING THE EXEC TION OF
INTERGOVERNMENTAL UBGRAXTEE A REE\1ENT FOR THE YEAR 2001 ARAPAHOE
COUNTY COMMUNITY DEVELO PM ENT BL K RANT PROGRAM BETWEEN THE
ARAPAHOE BOARD OF CO~TY 0\1MI IONER A:-..'D THE CITY OF El\GLEWOOD.
(iii) CO :'\CIL BIL L NO. 19. 11'TRODCCE D BY CO 1\CIL ME\1B ER
GARRETT
A BILL FOR AN ORDI 1A:-..'CE APPROVll\ AND AUTHORIZING THE EXECUTIOK OF TWO
INTERGOVERNMENTAL UBG RANT EE AGREEMENTS FOR THE 2001 ARAPAHOE CO NTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BETWEEN THE El\GLEWOOD
HOUSING AUTHORITY AND THE C ITY OF ENG LEWOOD .
(iv) COUNCIL BILL NO . 20 , INTROD CE D BY COU1'CIL MEMBER
GARRETT
A BILL FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 38. SECTION 3. SUB ECT ION 8.
OF THE ENGLEWOOD MUNICIPAL CODE 2000. WHICH PERTAINS TO OCCUPATI0!\1 TAX FOR
3.2 BEER ON PREMISES LICENSES AND 3.2 BEER ON OFF PREMISES LICENSES .
(b) Approval of Ordinances on Second Readmg
(i) ORDI. ANCE NO . 15 . SERIE OF 2001 (COU . 'CIL BILL NO . 12.
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE APPROVING THE PLANNED UNIT DEVELO PMENT (PUD) FOR CRAIG
HOSPITAL CAMPUS LOCATED AT THE INTERSECTION OF SO TH C LARKSON STREET AND
EAST GIRARD AVENUE IN THE CITY OF ENGLEWOOD , CO LORADO .
(ii) ORDI ANCE 10 . 16 , SERIES OF 2001 (CO 'C IL BILL NO . 13 ,
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE AMENDING TITLE 11 , CHAPTERS I A 'DIA, OF THE ENGLEWOOD
MUNICIPAL CODE 2000 PERTAINING TO TRAFFIC AND PARKING ENFORCEMENT.
(iii) ORDINANCE NO . 17 , SERIES OF 2001 (CO ·c 1L BILL 10 . 16 ,
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE AUTHORIZING A '·LICENSE AGREEMENT' FOR TELEPHONE, WATER AND
ELECTRIC ACROSS THE CITY DITCH TO POAG A D McEWEN LIFESTYLE CENTERS-
LITTLETON L.L.C.
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(c) Resolutions and Motions
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(i) PURCHASE OF A STAKE BED TRUCK WITH LIFT GATE FROM CA RLIN
DODGE IN THE AMOUNT OF $23 ,066.00.
(ii) P RCHASE OF ONE VOL VO L50D FRONT E1'D LOADER FRO\! PO\\'ER
EQUIPMENT COMPANY IN THE AMOUNT OF $72,444 .00.
(iii) CONTRACT WITH KIMMEL MECHAMCAL TO U PGRADE THE ALLEN
FILTER PLANT HEATING SYSTEM IN THE AMOUNT OF S214.620.00.
(iv) P RCHASE OF A LOADER/BACKHOE FOR THE SA:'\'ITARY SEWER
COLLECTION CREW FROM WAG:S:ER EQUIPMENT COMPANY 11': THE A\10 ~T OF S 3.200.00.
Vole resulls :
Ayes :
Nays:
Motion carried .
11 . R~ular Agenda
Council Members l'sabholz. Garren, Bradshaw. Wolo ·)ol ,
Yurchick, Grazulis, Bums
None
(a) Appro\'al of Ordinances on First Reading
( i) Director Ro ss presented a recommendation from the Depanment of Pubh
Works to adopt a bill for an ordinance authonzing an Encroachment Agreement for 4996 outh Kalanu th
Street . He advised that m March of 2001 , the propeny o\\11er hl'lng at 4996 South Kalamath Str eet \\a
observed building a retaining wall in the pubh n ght-of-way. The propeny owner wa s notified that the
construction was m violation of the City code and that he needed an encroachment permit 111 order to
construct that wall. Mr. Ross explamed that, upon staff re\'iew of the encroachment perm11 , 11 wa s
determined that the proposed encroachment exceeded tafrs administrative authonty as pro\'1ded 111 T11k
11 , Chapter 3, Section 4 of the Municipal Code and therefore the reques t needed to be brought before C11
Council. The proposed construction violates T11le 16 , Chapter 4 . ect1on 17. Pan D. he said . \\h1 ch deal s
with sight distance. This section requires that "no , 1 ual o bstruction o,·er two feet six inches in hei ght
above the top of the nearest curb shall be ere ted , pla ed. planted, or allowed to grow whi ch obstructs th e
view of pedestrians on the sidewalk or ob truct the traffic nsion at mtersections ... The wall that 1s
proposed is three feet high, so II exceeds that t1pulat1 on by s ix inches . Staff has reviewed the s ight
distance situation at this intersection, he sa id, and we behe"e that thi s wall will not ad\'erse ly 1mpa1r the
sight visibility for \'ehicles and for people taller than three feet. Therefore, he said. staff recommends
approval of the encroachment permit, subject to the terms and co nditi ons contained in the pem11t. Me
offered to answer any questions Council might ha\'e .
Council Member Garrett noted that this is m hi s Di stri ct. I have taken a look at it. he sa id . and I th in k thi s
will work, because the propeny is at the bottom of a hill. There are . in essence, two hills coming down to
the intersection and you can see pretty well around it. This leads , of course, to what now ha s become, I
think. a major issue for us as a Council, he said . This son of arose from the encroachment in the nght-of-
way. which most people don 't believe is in anybod y's nght-of~wa y once yo u get beyond the sidewalk .
This gentleman was, unfonunately, and I will use the word "caught, .. and then realized there was a whole
bureaucratic area that he wasn 't expecting to have to deal wnh. If you do a quick run around the City, he
said, which I did, you will find that, everywhere, people are building little retaining walls , and things . right
up against the sidewalk because we have a lot of angled propeny. I know I have that situation at my house.
he said, where, because of all of the din fall mg on the sidewalk, it was easier to put up railroad ties to keep
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it from happening and other people have built nice roc k walls . I think we need 10 come up \\ith some
information in the Citizen to tell people whal 1he righ1-of-wa y is and how ii works and I ll11nk we ma y ne ed
to think abou1 some City ordinance or somelhing. and 1he Ci1y Attorney will hav e to give us guidance. so
we don 't ha,·e to then come after people for encroachment ordinances. I assume tha1 if you build
SOITll'thing in the right-of-way. eve n 1f yo u don·, have an encroachme nt agreement. you are hable if"e
ha ve to tear do"'n your wall to do constru ction . He pointed ou1 th a1 the benefit of th e documenl doesn 't
nece ssari ly c hange an y of the le gal re sponsibi lities or lega l obliga1ions. So , he said . I think we need to loo k
at something that informs the ci tizens of what is goi ng o n. 'ow the sight ordinance is sligl lll y differe nt and
I understand that. he sai d. so that was so n of a pan of th is enti re problem we were deahng with . He sla ted
that this is SO ITll'thing we need to look at. and inform ci ti zens on how it works and what 1heir
responsibihties are if the y happe n to build in the righ1-of-way and where 1he righ1-of-way is located . Thai
is my view, he sa ,d, and I would suppon pa ssi ng this tonig ht.
Mayor Bums asked if there were a ny other co mm ents. There were none .
COUNCIL MEMBER GARRETT MOVED. AND IT WAS SECO~DED. TO APPROVE AGE~DA
ITEM 11 (a) (i) • COUNC IL BILL NO. 21.
COUNCIL BILL NO. 21 , INTRODUCED BY COlNCIL MB1BER GARRETT
A BILL FOR AN ORDINANCE APPROVING A E 'CRO AC HM E1'T PER.\11T AND INDEMNITY
AGREEMENT PERTAINING TO A RETAI N ING WALL AND FEI\CE I N THE C ITY P BLI C RIGHT-
OF-WA Y.
Vote results:
Motion carried.
A yes :
Nays:
Council Members Nabholz. Garrett . Brad haw. WoloS)11 .
Yurchi ck, Graz uhs , Bum
No ne
(b) Appro val of Ordinances on Second Reading
~re were no additional ite~ su bmitted for approval on eco nd 1eading. ( ee Agenda It em 10 -Consenl
Agen<b .)
(c) Resolutions and Motions
(i) Direc1or Gryglew1c z presented a recommendation from 1he Department of
Finance and Administrative Service s 10 adopt a re so luti on de lanng Parks and Recrea tion projec ts as 1h e
priority use of the C i1 y 's general obliga ti on bonding capa c ity. He s1a1ed that thi s reso luti on" ill declare 1he
Counci l's in1ent that the Parks and Re crea1io n Departmen1 will ge l fir s1 cons1de ran on for 1he use of 1he
City' general obligation bonding capaci1y for Parks and Recreauon projects . They are looking al goi ng 10 a
ballot issue on November 6, 200 I .
Mayor Bums asked what lhe actual purpose of this would be . Director Gryg lewicz explarned that II is jusl
to set the priority that the bonding, for 1his year anyway, will be for the Parks and Re creation projects 1hat
they a re looking at.
Council Member Garrett asked how this relates to their Stud y Session di sc ussio n o n in creasing 1he bondin g
capacity of the C n y. as far as de signa 1ing a priority use . Do we nee d 10 reword 11 , he asked . Director
Gryglewicz advised that this would have no impact on 1ha1 as lh is j us1 declares , for th e November 6, 200 I
election, that this will ha ve first prio rity. We won ·1 have anoth er issue o n thi s year, he said , and 1f we
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April 16, 2001
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actually put that other Charter change on the ballot it would not ha ve any impact until future years . So thi s
will only impact this Nove mber election .
The resolution was assigned a number and read by title :
RESOLUTION 10 . 30, SE RI ES OF 2001
A RESOLUTION DECLARING A GOAL FOR 2001 THAT THE ENGLEWOOD PARKS AND
RECREATION DEPARTMENT WILL REC EIVE FIRST C01'SIDERA TIO ' WITH RESPECf TO
ISSUANCE OF GENERAL OBLIGATION DEBT FOR NON-EMERGENCY CAP ITAL
IMPROVEMENT PROJECTS.
COUNCIL l\1El\1BER BRADSHAW MOVED. A~D IT WAS SECONDED, TO APPRO\"E
AGENDA ITEI\I 11 (c) (i) -RESOLUTION NO. 30, SERIES OF 2001.
Ayes : Council Members Nabho lz. Garrett . Bradshaw. WoloS)11.
Yurchi ck, Grazulis , Bums
Nays : None
Motion carried.
( ii) Director Gryglewicz presented a recommendallon from the Departme nt of
Finance and Administrative Services to adopt a resolution transferrmg $500,000 .00 from the Co nser\"atJon
Trust Fund to the Public Improvement Fund to fund the Centennial Park Ballfield ProJe ct. I did nouce . he
said, that there is an error on thi s resolution . Director Gryg lew1cz ad,·i sc d that the reso luu on need ed to be
corrected to show ··PUBLIC IMPROVEMENT FUND : Source of Fund s: Transfer m from General J;w11d
lbt,,ConscD'.Jllion Trust Fund ." He stated that the se are molli es that are bcm g transferred o , er to the Publi c
Improvement Fund for the construction and improvement to th e Centenllla l Park Ballficld ProJect.
The resolution was assigned a number and read by title :
RESOLUTION NO. 31, SERIES OF 2001
A RESOLUTION FOR A TRANSFER AND APPROPRlATIO:-S OFF 1'DS FOR THE CENTENN IAL
PARK BALLFIELD PROJECT.
COUNCIL l\1El\1BER GARRETT MOVED, AND IT WAS SECONDED. TO APPROVE AGENDA
ITEl\111 (c) (II) -RESOLUTION NO. 31, SERIES OF 2001 . AS CORRECTED BY DELETING
GENERAL FUND AND INSERTING CONSERVATION TRUST FU~D.
Ayes : Council Members Nabholz. Garrett. Bradshaw. Wolosyn,
Yurchick , Grazulis , Bums
Nays : None
Motion carried and the resolution was approved as correc ted .
(iii) Manager Lee prese nted a recommendation from th e Department of Parks and
Recreation to approve, by motion, a contract with Randall & Blake , In c ., for South Sa nta Fe Drive and
Hampden Avenue Landscape Maintenance, in the amount ofS85 ,200.00. He noted this is for maintenance
of the South Santa Fe Drive and Hampden Avenue medians and Randall & Blake , Inc . wa s the lowest
technically acceptable bidder. Mr. Lee advised tha t Sabell's En terpri ses formall y wi thdrew their bid 011 1111
project, because they did not have traffic wnhin that portion and th ey had o nl y mcluded maintenance . o,
therefore , RBI is the lowest techmcall y acceptable bidde r. Last year it was recommended that th e
maintenance be done at night and that was written into th e contra ct, he said, and we are ready 10 proceed
with it . He asked if there were any quesuons .
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April 16, 2001
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Council Menttr Yurchick said he had a question. just out of curiosity. He asked ho w thi s do ll ar fi gure
compares with what was paid last year. Manager Lee advised that in the 1999-2000 sea son. the budge ted
amount or the amount that wa s produced wa s $64 .650 .00. so it is slightl y hi gher. He po int ed out that that
figure does not include the ni ght ma intenance . which was added later on in the contract. That amount is
about $970.00 per occ urrence .
Council Member Wolosyn said when Counc il addressed that, she thought they had voted on a sum.
$20,000.00, for nighttime di fferential. Manager Lee advised that they estimated it would be about that , bu1
as the co~y had billed it out it was $3 75.00 in labor and another $595 .00 in barricading and warning
lights .
Council Menttr Wolosyn asked how often they go out and if that wa s higher o r lower than anti ci pated.
Mr. Lee advised that the y were go ing out about once a month in the fall and winter. so th ey we re not go in g
out very often. But, he noted , you can kind of figure almost S 1.000.00 per occ urre nce . Co unci l Me mber
Wolosyn said then it is actuall y lower. I remember, she said, that the other pan of app ro dng that wa s that
we were also going to evaluate II to see if ni ghnime maintenance wa s an effecti ve cost. Mana ger Lee said
yes . So, Council Member Wolosyn said, it ends up that it was actuall y c heaper than anti ci pated. if it is
S 1,000.00 once a month. Mr. Lee noted that that was during the fall season and the contract stipulates th a t
during the summenirnc season the y will be out th ere on a weekl y ba sis, wh ich is pro babl y go mg to increase
our cost, because of trash pick-up, weeding. irrigation checks and so fonh .
Mayor Bums said, on a related topic , he understood that we don 't ha ve the ab ility, n ght now. to pull more
money out of this p roject in order to put it back where it came fro m to do some more land sc ap ing in the
clover leaf at Highway 285 and Santa Fe . That is still awaiting so me othe r funhe r fundin g. Manager Lee
said that was his understanding from Public Works .
Mayor Bums stated that he would still like to, one o f these da ys, have u go ba c k to that issue and see if we
could fund some more landscaping out here .
City Manager Scars advised that Frank Gryglewicz will be updating the Counci l o n wh e re we are
financially and one of the things we intend to do at our retreat ,.~11 be to try to go back to the priorities the
Council had put off. So, he said, Council can take a look at some o f those priorities to see if the y would
like to reconsider them and that includes Santa Fe . He stated we are goin g to , at le as t. talk about that at our
retreat .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECOSDED, TO APPROVE
AGENDA ITEM 11 (c) (iii) -A CONTRACT WITH RANDALL & BLAKE. ISC.. FOR SO UTH
SANTA FE DRIVE AND HAMPDEN AVENUE LANDSCAPE MAJNTENANCE. IN THE
AMOUNT OF 585,200 .00.
Ayes :
Nays:
Motion carried.
12 . General Discussion
(a) Mayor's Choice
Council Members Nabholz . Garren , Bradshaw, Wo losyn ,
Yurchi c k, Grazuli s, Bums
None
(i) Mayor Bums advised that last week he attended a session with CDOT, RTD and
DRCOG, and they were putting together a new intergovernmental agreement between the three of them .
He noted the last one was dated 1977 and these are required in order to receive Federal funds for
transportation. They had a whole room of people down at DRCOG working on a fairl y generally worded
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Englewood Cily Council
April 16, 2001
Pace 11
IGA in order to comply with the Federal law. It is interesting to watch C DOT. RTD AND DR COG tr y to
work together. it is sometimes almost a religious exercise .
(ii) Mayor Burns commented that he was a linle bit confused by so me of th e reports
they arc gcning on our proJect updates. Regarding the Civic Center construction on the e levator, he said .
he recognizes that it is being fast tra cked and shop drawings are being prepared . But , he noted. the time for
completion, from the previo us memo la st time , was ten to twelve weeks and thi s one says eight to ten . The
previous anticipated lead time for deh,·ery was ten to twelve weeks with completion in June . now it is le ss
time, eight to ten weeks , but completi on 1s m Jul y. I don ·1 know how the time frame was shrunk, he said.
but the completion date was expanded . He asked if somebody could tell him why those numbers see m to
diverge. Director Ross said he can 't. but that he would check on that for him.
Mayor Bums said also, regarding his favorite , the Broadway bridge. it says that the State electrical
inspector has been scheduled. He noted the last two reports say that , but it doesn ·1 indicate when and the y
both say that the lights will be turned on in the next two weeks . He pomted out that one week ha s passed
and it is still two weeks and it doesn ·1 indicate when thi s inspector is coming out. So I get a little confu ed
by that report, he said . Director Ross advi sed that it is hi s understanding that the State in pector is
supposed to be in this week, so we can get the lights turned on next week . Mayor Bums asked 1f that 1s a
promise. Director Ross said no it is not a promise . Laughter followed .
(iii) Mayor Bums advised that . a Coun c il kn ows. he will not be here next "ee k as
he will be out of town, so Mayor Pro Tern Bradshaw will be chamng the Study Session .
(iv) Mayor Bums noted he was glad the y did comment on Hou se Bill O 1-13 6 on th e
filters tonight.
(v) Mayor Burns advised that the next DR COG board meeting is Wednesday mght
and that he had passed out a memo on their retreat whi ch will be m Winter Park in the first part of Ma y, but
they pay forthe lodging and they pay for the meals . So if it 1s all right with Council , he sa id . he \\Ould JU St
charge his mileage and a few miscellaneous expenses and that is all it costs . He noted the y will also pa y
for the alternate , which they had started last year. They want to encourage the alternate to be involwd. he
said, so if Council Member Wolosyn would like to go the y will pay for her as well. Cou nci l Member
Wolosyn said she was going to go this year.
Council Member Garren noted that he didn't think Council Member Wolosyn had turned her report m from
NLC. Ms . Wolosyn advised she will have it , that it is on hard drive . She said don·t worry. Counc il
Member Bradshaw commented that Council needs to see it. Ms . Wolosyn said yes , yo u will.
Mayor Bums noted he was proud to say he got his in with a bunch of attachments that he got at the 'LC
Legislative Conference .
(b) Council Member's Choice
(i) Council Member Nabholz :
I. She advised that one of her issues is already being worked on , which is the problem we have up o n
West Wesley and Bob Simpson is currently working on it.
2. She said we all know Roy and Ethel Altenbach and , on a sad note , Ethel passed away la st night
and so she would like Council's support to send some flowers . As far as I know there will be a memorial
service , she said, probably over at Drinkwine . She said she would let Sue Bradshaw, in the C ity Manager·s
Office, know when that will be and we can get an E-mail out or at least a phone mail message to let
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April 16, 2001
Page 12
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everybody know when that will be. Council Member Nabholz noted they were Ci ti zens of th e Year one
year and very instrumental to the Historical Society and the Englewood History Book .
Mayor Bums suggested that it would be appropriate to get a card for Counci l to sign. I would sure like to
see that, he said .
(ii) Council Member Garren noted that al the Study Session the y rai sed the issue
about preparing a lener to send to oppose certain legislation dealing w ith Internet access and so me filtering
maners .
COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED. THAT COUNCIL
SUPPORT HAVING THE DIRECTOR OF LIBRARY SERVICES DR.\FT A LETTER FOR
COUNCIL'S SIGNATURE OPPOSING CERTAIN LEGISLATION DEALING WITH INT[R.i'iET
ACCESS AND SOME FILTERING MA TIERS.
Motion carried.
Ayes:
Nays:
Council Members Nab holz, Garren , Bradshaw. Wolosyn .
Yurchick, Grazulis . Bums
None
(iii) Council Member Bradshaw:
I . She said kudos to Mike Flaherty. as he did a ni ce job on the sidewalk sa le .
2. She passed out some information to Counci l. She noted tha t she is th e liaison with the Ho using
Authority. Ms . Bradshaw commented that we all felt the pinch when Xcel se nt us our bill s in January.
December was a warm-up, January was over the top. February and March weren't a lot bener and A pnl
was prcny sad too . ~ Housing Authority is also involved with public hou si ng, she sa id. Orchard Place.
Simon Center, and they just bought an apartment building and an office building and the y ha ve been hit
really hard by the increase in the electricity and gas . So, she said. what I have circulated to you is an action
item for the Board at our last meeting. I said that I wo uld take thi s to Counci l because the Housing
Authority land is not taxed, like the rest of us are , but they pay what is called a PILOT. a payment in li eu of
taxes. So I would like the Council to consider reducing that by a percentage. she said, and I would like you
to think about this and get back to me about reducing the ir PILOT. because thi s 1s a considerable increase
we have all experienced. If you will look on the back of the sheet It hows yo u what their amendments are
going to have to be, she said. In one case they are looking at an SS.000 00 mc rea c m o ne budget. as well
as $4,800.00. $7,300.00 and $4 ,900.00 in others. Granted. two of those. the Nom1andy and the office
building, are profit. So. she said , the ones I am concerned about are the publi c hou mg and the S imon
Center, as their PILOT is S 19.000.00.
Mayor Bums commented that he noticed there was a co rre ct ion . Coun c il Member Bradshaw said that 1s
right .
Council Member Bradshaw stated that she sa id she would bnng the issue before Council because I th ink we
need to take a look at thi s . She noted the duplexes are also publi c housing . Mayo r Burns said public
housing means mainly Orchard Place. M s . Bradshaw said Orchard Pl ace amt the duplexe .
Council Member Bradshaw suggested Council look at thi s the first of next month. as it wasn 't necessary for
them to make a decision tonight. She asked that they think about it .
3. She thanked Stu Fonda for the memorandum on the discharge pennit, as the paper can't seem to
get it right. Ms. Bradshaw clarified that she was not talking about the Herald; she was talking about the
"Denver News" or whatever it is called now. I did appreciate the information clearing up the issue , she
said.
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April 16, 2001
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4 . She offered kudos to Bob Simpson for the excellent job he did. as far as helping us on the General
Iron Works site. It was very insightful and an excellent process. she satd .
(iv) Council Member Grazulis :
1. She said she went with Paulell3 Puncerelh toda y and th ey dtd some Ca reer Day 111 formatio nal
things , regarding the City, at Flood Middle School. Ms . Grazulis noted that it wa s . of cour e, very
insightful. I put some questions out there and they came back w11h a lot of inquiries regarding recreatum
things, so I "~II get with Jerrell Black. she aid . But one thm g \\as that Ms . Puncerelli \\as talk111 g to them
about the water being flu shed out thi s week . he gave them instructions for the students to share \\'1th their
parents. She told them the water 1s safe to dnnk, that the y JUSt need to flush it out anywhere from a couple
of seconds to twenty minutes. which I thought was a long time for a residence . Ms. Graz uli s stated that a
lot of people she has talked to are SIIII bu yi ng bottled water because of the old water situauon that we used
to have. We do need to have an educational program regarding the water, she said. and we do need to sho "
everybody that we are drinking City water at all times. I lo ve bottled water, but perhaps \\e cou ld make
sure that, for instance. during Study Sessions that we drink City water and people could see that we are
actually drinking the water from our o"n reservoir.
2 . She said she would like to stat e . publicly, something posi uve about Code Enforcement. I reall y
appreciated and enjoyed the memo from Dave Lynn . He provided a breakout of all the ex tra se rvi ce s that
are enjoyed by Englewood citizens that we do not know about . unless it is broken out 111 that type of memo .
Ms. Grazulis read from a note she had \\Tillen ... I thank you for so man y positive re s ponse , rath e r than
ticket issues. This is why people not only wish to live in Englewood. but the y sta y 111 Eng lewood. So it is
really a good PR move, besides those people were just outstanding in some of the thmgs the y did do :·
3. She suggested that one way to cut down on the bark mg dog ummons would be to educate peopk
about the debarking procedure. It is a very safe procedure , she said, and my dogs have gone through thi s
procedure. She suggested that maybe some of our barkmg dog complaints would be reduced and perhaps
we could prepare a leaflet or a fl yer to show them how 10 do that. She o pmed that II reall y 1s not that
expensive when you consider the potenual cost of a summon s. It 1s not cruel. he aid. th ey still tl11nk th ey
are barking.
4 . She said she wanted to thank Ken Ro ss for the mce parking pass situation solution as she thought
it was nicely done.
5. She said. regarding the sidewalk sale, that she was aware it had been extended, at least , as far
south as the 4000 block of South Broadway. There were some businesses down in that section, beyond the
downtown area, that had some things out and the y were trying to participate in the sale. So, she suggested.
any bit of help we can gh•e them, next time around, to make sure that all of Engle" ood 1s able to partici pate
would be appreciated too.
. ....
Mayor Burns said he wanted to mention, regarding the de velopment report for March, in reference to the
bus bench shelters and kiosks that are appearing on South Broadway and some new bus shelters that ha ve
suddenly appeared. that he has seen decorative metal newspaper corrals for these locations with multiple
newspaper boxes. He noted that iu front of the Post Office, especially, there is an array of multi-colored ,
son of ugly boxes. He asked if we are going to have one of those there too .
Director Simpson advised we are going to be doing that in several locations, we are still coordinating stre et
furniture and corrals. He said we were talking today, in fact , about trying to make sure that a lot of the se
are in place by early sununer.
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April 16, 2001
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Council Member Grazulis said the y look nice .
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Council Member Yurchick asked how the newspaper boxes are regulated . He asked if the y can Just put
thrm where they want to and if they have to go through the City or what.
Director Simpson advised that pretty much they can put them where they want . we try to "ork with them 10
make sure they are congregated, but it is a difficuh issue and it is a first amendment issue of free pre ss .
Council Member Wolosyn asked if that is a right-of-way issue .
Director Ross said it is also a freedom of the press issue so we try to tread ver y carefully. we would like to
hit them up with the right-of-way issues, but they just won't back down .
13 . Cily Manager's Report
(a) City Manager Sears thanked Hank Long for pulling togecher che lett e r. as Co uncil
directed. opposing certain legislation dealing with Internee access and so me filtenng matters .
(b) City Manager Sears said , speaking of pa yment in heu of ta xe . that we received
SS.000 .00 from South Suburban for Cornerstone Park . He said he would g1\'C a copy of the mfo rmati on to
Council. He offered his thanks 10 staff, Chris Olson. Ken Ro ss. and Jerre ll Dla ck 111 panicular. fo r
identifying all the services we provide Cornerstone . We were very happ y to ge t that. he said .
Council Member Garrett asked if we provided them an itemi ze d Im. C it y Manage r Sear said we did. he
has asked for that in the past. Counci l Member Garren asked if we are including that as pan of ch e cost of
providing services. He was told yes.
City Manager Sears advised that they, also, identified the number of time Englewood re sident s had used
the pun-pun golf course. Council Member Bradshaw asked how many times . She opined it wa s not very
many times . City Manager Sears said it was somewhere in the neighborhood of 350. He offered 10 pro\'lde
Council with the letter.
(c) City Manager Sears said next Monday night we really don ·t have a cud y e s1on . The
only thing that is proposed is the interviews for the Alliance for Co mmerce 111 Engle\\ood Comm1 ss1on.
(d) City Manager Sears advised that they are still finaliz in g che sc heduk Sacurda y. the 28 'h .
We will be meeting here on the 281h at 8:30 a .m. and intend 10 have Council ouc between 3 :30 p.m . and 4 :00
p .m. in the afternoon and that includes a tour . We had intended to include Centen111al Park . but , he said ,
now I think that is being taken care of with a pretty exciting celebration that Friday. We intend to take a
look al the new aquatics park , some transponation issues , che propose d expansion of the wastewacer
facility, he aid , along with the Humane Society and also, if we ca n gee onto che sice , General Iron Works ,
so that will be a pretty full afternoon . We will also work with Larry Fullenon in the near fucure to do a
lour, he advised .
. ....
Mayor Burns mentioned chat he. Gary Sears and Beverl y Bradshaw would be having lunch wich Cal
Marsella and John Claflin al 2 :30 p .m. Friday afternoon .
Mayor Burns noted that they received a memo indicating that Senator Campbell and Senator Allard are
supposed 10 be al the Littleton Light Rail Station to present the final $20 million check 10 RTD for the
completion of the southwest corridor light rail project. So that is a nice adjunct to have right after che
lunch, he said.
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Englewood City Council
April 16, 2001
Page 15
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City Manager Sears commented that it may be a relatively quick lunch. but there are a number of issues to
deal with .
Council Member Bradshaw stated she still has concerns about the location of the maintenance facility and
the parking lot.
14 . City Attorney's Report
(a) City Anorney Brotzman said, regarding the meeting on the 28'". that he really doesn't like
to schedule this on an open meeting day, but he was going to have to request an Executive Session on two
items. One is language on liquidated damages on the Equitable agreement, second is we had a mediation
today on the Equitable lawsuit and we would like to bring in our anorneys to discuss senlemenl
negotiations with Council on that as well.
. ....
Council Member Bradshaw asked if they bad to do anything else on this disciplinary appeal or if what the y
received was just FYI. City Anomey Brotzman advised Council that the next time they would be getting a
list of hearing officers 10 choose from.
Council Member Garren said he wanted lo mention that on June I I'\ at the Englewood Golf Course. there
will be a golf tournament 10 celebrate Keep Englewood Beautiful. Mr. Garren said there is a crack
fowsome participating again this year and most people don't even sign up because of the fear of that
particular fowsome. Laughter followed. He advised that the tournament starts at about 7:30 a .m.
IS . Adjournment
The meeting adjourned at 8:35 p .m .
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4.
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6.
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CllY COUNCIL
MONDAY, APRIL 16, 2001
7:30 P.M.
Englewood Ci vic Center
1000 Englewood Parkway
Englewood, CO 80110
Call to order. 7.· '// ~
Invocation ./)~
Pledge of Allegiance . W)./IA4-
Roll Call .
Minutes.
a. Minutes from the meeting of Regular City Council Meeting of April 2. 200~. ·
c~/tlll!.r/olJ : A/JP llf £ tAJD;eO ANlJ . PAGE /II I t£At l~):j) ,?.. 'PA. 'R/rf'H
1111eo L/AJ E. I TD !?Lid) : /AJ 1Ht q(){,/)£1.J r1!1'-i;1J tfNIJ IN mi
Scheduled Visitors. (Please limit your presentation to ten minutes .) '::r. Wt.~ .+iEJ. . )
a. Bill Moore. Joe Garrity, Robin Smith, and Tom Sauer from All Souls H ome and Sch ool,
will present a financial donation to the City of Englewood in support of Centennial
Park Expansion.
b. Englewood resident Barbara J. Hodge will be present to address City Council regarding
a petition requesting the implementation of permit parking on Fox, Galapago, and
Huron between Floyd and Eastman .
7. Unscheduled Visitors. (Please limit your presentation to five minutes .) «.. l-£/A)/S Hofr/UA/ ~ /=llJJb al5.1'-J9
8. Communications, Proclamations, and Appointments.
a. Letters from Community Development Director Bob Simpson and Planning and (l,f}f;J ?-0 Zoning Commission Chair Carl Welker requesting that Council declare a vacancy on
f I ~"JMti'J/~io;; ~i:L(, /J-!-J ~
I)_ ..Jil.-? b. A resolution appointing Patricia Muelle~wood Planning and Zoning
""14~ ~ '7-0 Commission.~
Plwe ... Nyou .._ a llallilly ...i med......,._ cwMfticft, plew noCify the City of Englewood (303-762·
240S)at ............ .._., ................... lhanliyou.
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Engl ewood City Council Age nd a
April 16 , 2001
Page 2
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'fltl?-D c.
A proclamati on decl aring the m o nth of May as ALS Awareness Month. ~
•
9 . Pub?ring (N o ne sc heduled )
n 1~ •• Con~ent Agenda . ...r,;-11 ,,__ .. ~~ · :1 1'(){r -~ · ·,....-o ~~/I,() C,~t /Oa.1 . /v . /I /_ . [! ///
a. Approval of oe.-on First Re ing. ,t Al D /'O ~~I ti
b.
0i-/P/5"
JUJl:./t?
IN.JI 1'1
C.
i. COUNCIL BILL NO. 17 -Recommendation from th e Department of Finan ce and
Administrati v e Servi c es to adopt a bill for an ordinan c e amend ing the Ci ty o f
Engle w ood's N on -Emergency Pension Plan to allo w o ptio nal benefits. STAFF
SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services.
ii. COUNCIL BILL NO. 18 -Re commendation fr o m th e C ommuni ty D evelopmen t
D epartment to adopt a bill fo r an ordinance auth o riz in g the exec ution of fo ur
Intergov ernmental Subgrantee Agreements w ith A rapah oe Co un ty fo r th e 200 1
Arapah o e County Communi ty Development Bl ock G rant Pr og ram . STAFF
SOURCE: Janet Grimmett, Housing Finance Specialist.
iii . COUNCIL BILL NO. 19 -Rec o mmendation fro m th e C ommun itv D e, elopment
Department to adopt a bill fo r an o rdinan ce authori zi n g tw o Int ergo vern m en tal
Subgrantee Agreements w ith the Engle wood H o usin g Auth o r ity for th e 200 1
Arapahoe County Community Development Bl oc k G rant Pro gram . STAFF
SOURCE: Janet Grimmett, Housing Finance Specialist.
iv . COUNCIL BILL NO. 20 -Recommendation from th e D epartme nt oi Fi nan ce and
Administrativ e Services -Ci ty Clerk Div ision to ad o pt a bill fo r an o rdin an ce
amending Title 5-3B -3 to decrease the annual O cc upation Tax fo r 3 .2 Bee r On
Premises Licenses and 3.2 Beer On/O ff Premises Li c ens es. STAFF SOURCES:
Frank Gryglewicz. Director of Finance and Administrative Services and Brenda
Castle, Deputy City Clerl.
Approval of Ordinanc es o n Second Re ading.
i. Counci l Bill N o . 12 , approvin g th e Craig H ospital Planned U nit Devel o pment.
ii. Council Bill No. 13, amendin g ntle 11 -1 A of the Engle wood M uni cipal C o d e
pertainin g to towing policies.
iii. Council Bill No. 16, authorizing a Li cense Agreement fo r utility crossin g the City
Ditch to POAG and McE w en Li fes tyle Centers-Littleton L.L.C.
Resolutions and Motions.
Rec ommendation from the Department of Parks and Rec reation to approv e, by
motion, the purchase of a Stake Bed Truck with Lift Gate . Staff recommends
awarding the bid, through the State Bid process, to Carlin Dodge in the amount
of $2 3,066 .00. STAFF SOURCES: Jerrell Black. Director of Parks and
Recreation, and Dave Lee, Manager of Open Space.
Pleae note: If you haw a clubility and need auxiliary aids or wrvic:et, please notify the City of Englewood (303-~62·
2405) at leaA 41 a-in a4vanc:e af when Mffices are needed. ThaNl you •
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Engl ewood City Co uncil Ag en da
April 16, 20 0 1
Page 3
ii. Recom me ndation fr om the D epartment oi Publi c arks t o app rove, bv m o ti o n,
the purchase of o ne Volvo LSOD Fron t End Loader. Staff re co mmends awarding
the bi d to the lowe t tech ni ca ll y ac ceptable bidder, Powe r Equipment C o mpany,
in th e amo unt of S,2,444.00. STAFF SOURCE : ken Ross , Director of Public
Works.
iii. Re commendation from th e U tiliti es D epartm ent to approve , b m o tio n, a
contrac t to upgrade th e Allen Filter Pl ant H ea tin g S stem . Staff re com m ends
awarding the co ntact to the lowes t te chn ica ll y acceptabl e b idder, immel
Mech anical in the am ount of S::!14 ,620.00. STAFF SOURCE: Stewart H . Fonda ,
Director of Utilities.
iv. Rec ommendati on fr om the Utilities Departm ent to approve, bv m o tio n, th e
purchase oi a loader/backhoe fo r the Sanitary Se we r Collection c rew. Stan
rec ommends awardi ng the bid to the lowes t techni ca11 ¥ accep table bidder
Wagner Equipm en t Co mpany, in the am o unt oi 583 ,200.00. STAFF SOURCE:
Stewart H. Fonda, Director of Utilities.
11 . Regular Agenda .
a. Approval of Ordinance o n First Reading .
~7-0
COU CIL BILL 0 . 21 · Recomme nda ti o n from the Departm ent of Publi
Works to ado pt a bill fo r an o rd ina nce auth o rizin g an Encr oachm en t Agree ment
fo r 4 996 ,9~th Kal~math Str ee t. STAFF SOURCE: ken Ross , Director of Public
Works.~
b.
C.
Ap~oi Ordina nces o n Seco nd Read in g.
Resoluti ons and Mot ions.
Recom mendati o n from the D epa rtm ent of Finance and Administrati ve Sel"\ ices
to adopt a resolu tion declari ng Parks and Re creation projects as th e prior ity us e
of the City 's general obliga tio n bonding ca pacity. STAFF SOURff; Frapk ,
Gryglewicz, Director of Finance and Administrative Services.f:$1' ~
ii. Re commendation from the Department of Finance and Administrati ve Serv ices
I), • _ 11 to adopt a resol uti on transierring funds from the Conserva tion Trust Fund to the
~ Publi c Improvement Fun d to fund the Centennial Park Ballfield Project. STAF~. fi. . . . '7 ~ SOURCE: Frank Gryglewicz, Director of Finance and Administrative Servic~
~ l..~mol.J : ff,lg ue l twf~dtU.AaJr Ft4J IJ : ~URe£.o t Fa1Jos,:ll!lrll~u 1AJ 'MM~
iii. Recommendation from the Departm en t of Parks and Recreation to approve, by ~ -rHl.
motion, a contract for Santa Fe and Hampden Avenue Landscape Maintenance.ll,Al5£lZI~
Staff recommends awarding the contract to the lowest tec hni ca ll y acce ptabl e rRll!TffUl!J
(41:)./) rJ. 'J-O bidder, Randall & Blake, Inc., in the amount of 5 85,200.00. STAFF SOURCES: .....-r r Ja1cll Black; BhalUr uf Pa.ks auMI le.ea cation and Dave Lee, Manager of
Open Space.~
"-.... If,-._._ 6aluilly 1111111 .-d....., aidl or MmCft. pleMe notify the City of Englewood (303-762·
2415) ..... • .._. ilt alhaac:a olwhen .-ices are ....W. Thank,-.
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Englew ood City Council A gend a
April 16 , 2001
Page 4
12 . General D isc ussion .
a. Mayor's Choice.
b. Council Members' Choice .
APP'D 7-0 GARRETT MOVED THAT COUNCIL SUPPORT HAVING THE DIRECTOR OF
LIBRARY SERVICES DRAFT A LETTER FOR COUNCIL 'S SIGNATURE
13 . City Manager's Report. OPPOSING CERTAIN LEGISLATION DEALING WITH INTERNET ACCESS
AND SOME Fil TERING MATIERS .
14. City Attorney's Report.
Adjournment
The following minutes were transmitted to City Council betw een March 30 · April 12, 2001 :
Englewood Water and Sewer Board meeting of Februa ry 13 , 200 1
Englewood Planning and Zoning Commission meeting of Februa ry 21, 200 1
Englewood Election Commission meeting of March 1, 2001
Englewood Cultural Arts Commission meeting of March 7, 2001
Englewood Liquor Licensing Authority Telephone Poll of March 7, 2001
Englewood Parks and Recreation Commission meeting of March 8, 2001
Englewood Liquor Licensing Authority Telephone Poll of March 2 1, 2001
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ENGLEWOOD CITY COL\CIL
E'.\GLEWOOD. AR..\P . .\HOE COL'NTY. COLORADO
Regular ession
April 2. 200 I
I . Call to Order
The regular mee1111g of the Engle"ood it) Council "as called to o r,kr by '.\IJ yor Burn s Jt -.3 5 pm
2. ln,·ocation
T he 1m·oca11on "a g11 en by Co uncil .\kmbt'r :S.abholz .
3. Pledge of Allegiance
The Pkdge 01 .\llegiance \\JS led by '.\l ayor Burns .
~-Roll Call
Prese nt :
Absent :
A quorum "as present .
Also pre sent :
~ '.\linutes
Counc il :'-!em bers '.\'abhol z. Gr1zul1 s. Uarrett . 13rad,ha". \\'olo y11 .
Yurch1 c k. Bums
?-:one
Ci ry ~·tanager ~ar s
Cny Attorne y Brotz man
ss, tant 1ty '.\ lanager F!Jheny
n y lerk Ellis
'e n,or Pla,rner Lang on. Co mmunny De,elopment
Director Ross. Publi c \\"url-s
'.\lan ager Sto\\e . L"111i11es
(a ) COUNCIL ME'.\'IBER WOLOSYN '.\IOVED . ..\.\0 IT WAS SECO\DED. TO
APPROVE THE MINUTES OF THE REGL'LAR CITY COL'NCIL '.\IEETI\G OF '.\I..\RCH 19 .
2001.
Aye s:
Nays :
Abstam :
:vt ouon carried.
6. 5':beduled Vi,ilon
Co un cil '.\1ember s Nabholz . Brad shaw. Wolosy11. Yur ch,c k. Burns
~one
Co uncil :Vlember Garre n . G ra zulis
(a) Rob Schwanz, Managmg Director of the Strateg, Re sources G ro up . ad\'lsed that he "a,
going to be rcprcaenting an organizauon called Businesses for Englewood. as o pposed to a do\\11town
group . It will be busincucs lhat arc truly representative of the enure City, he sa,d. and our goal 1s to be an
advocacy orpnizauon workin& collaboratively with the Chamber. but also to be an ad, o at e fo r
Englewood. Mr . Schwanz said,just to acknowledge Mayor Pro Tern Bradsha w's re mark s about Jffordabl e
housin&, !hat Ibey would like to play a role , and bring some resources to the C ity. to focus on tllJI ,s,ue JnJ
to work widl Couocil. Our &oal is to make Englewood a dcstinauon point for busmes ses. he ;,a ,d. Jnd tor
Uldividuals tbrou&bou• the State, to come here to do business and to reall y tnJect some cxc11emcnt Jnd ne"
revenue into the Cicy . In that spint. he said. we look forward to work mg wi th each of yo u. I k thanl-ed
Council for lbcir time .
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Englewood City Council
April 2. 2001
Page 2
Ma yo r Bums thanked Mr. Schwartz.
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(b ) Tim S ull iv an. a City employee. advt ed that he \\3> pre -ent o n beh,lf of the emplo~ee , 10
th ank Coun ci l for adopting the resoluuon that all o "ed them to ha,e an eleclion to replace AF · \H:. a,
their bargaimng umt . w tt h the Englewood Employees Asso 1auon . ·o. he said. we c an no" s p eak for
our sel \'es o n "hat we feel are the most 1mponant issues and ho " "e feel the y sho uld be handled \\·It h
management . Ronald Cohen, the Heanng Officer Counctl appomted. ,_, very professional. Lou Eilts and
her staff organized the election w tth the Elecuon o mm1 s 10 11 and 11 was a ve ry fair. and I thtnk unbi ased
process. We did win the elecuon. Out of the 17 1 d1g1ble e mployees. 107 vot.ed. Mr. Sulli van stated we
won 104 to J. which is prelly good , and now we can look forna rd to work111 g \\ith Su e Eaton and her s taff
and creating a Jillie different atmosphere wi th the employees . I thmk . for the most pan. he said. that all of
the employees who work for the City of Englewood are preny happy a nd we ma y not ha ve been
represented with that kind ofa voice. Now I think we can de\'elo p a real good rel ati o nslup wi th Counctl
and with C ity management, he said. and do what 1s best fo r the c 11I ze n of En gJe ,.ood :i nd the e mployee
and become good stewards of the funds that are e ntru sted to us . \t r. ulll\ an satd \\e tha 1lk yo u and look
forward to working with you.
Mayor Bums offered hi s apprecianon and thanked :'vl r. Sulit va n .
7 . l'nscheduled Visitors
Co unc il Member Bradshaw no ted if som eone wanted to s peak to any item o n the Agenda. tha t this 1s the
time to come forward and address Council.
Mayor Bums explained that that mcludes the Consent Agenda. as man y !Imes Coun c tl \'Otes o n the Con cm
Agenda as a who le unless someone wants to pull one of the ttems . o. he said. he would mnte an yo ne 111
the audience to speak to an item there. too. and 1f the y want to . Council" Iii pull the item for d 1,cuss 1on
There were no un cheduled visitors .
Communications. Prodamalions and Appointmenls
(a ) A proclamat,on declaring the week of Apnl 15 thro ug h 2 I. 200 1. as th e Days of
Remembrance for \'1cums of the Ho locaus t was considered .
COl:NCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED. TO APPROVE A
PROCLAMATION DECLARING THE WEEK OF APRIL 15 THROUG H 21 . 2001, AS THE DAYS
OF REMDIBRANCE FOR VICTIMS OF THE HOLOCA UST.
Ayes:
1 a ys :
"1 0 11 0 0 carried
Council Members Nabholz , Garrell. Bradsha w. Wolosyn.
Yurchick. Grazulis. Bums
None
(b) A proclama11on declaring Apnl 20 , 200 1 as Ar b or Da y 111 th e C iry ofEngle"ood wa s
considered.
COl:NCIL MEMBER WOLOSYN MOVED. A.'1D IT WAS SECONDED. TO APPROVE A
PROCLAMATION DECLARING APRIL 20. 2001 AS ARBOR DAY IN THE CITY OF
ENGLEWOOD.
Ayes :
Nays :
Motion carried .
Counci l !vlembers ~abho lz. Garrell. Bradsha w. \Vo lo ~11.
Yurch1ck . Grazulis. Bums
None
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Engh~\\ ou d C ity Co undl
April 2. 2001
Pa ge J
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11..· 1 \ prod..1111Jt10111..k1.. !Jnng \\ t.·Jnc'sJJ,. \IJ, '), ]t,11 I J I· ,1-.·dk·ni.:e m ln1, ~n1mt'nt I )J\
,, J~ i.:un.::,1de1ni
COL.:"'CIL ~IDIBER WOL o -y:,, ~IO\TO . .-\:"'D I T \\-\~ ~E(()'.\UED. ro -\PPR()\~-
PRO<'LA~I..\TIO'\' DE CL,\RI:"'G W E D:"'E SD..\ Y . ~I.-\\ 'I. 2001 \~ l:.:\C ELI.E '\C F I'\
GO \'ER.'\'.\I E~T 0..\ \.
'.-, Jouon c J1T1cJ .
Coun:il '.-,km b~r, '-.Jbh,1IL. liJrr~n. BrJJ,lu" \\ 01,,-n.
Yurch1'k. G ,azu!t,. Burn,
'-,me
!di A p1odJmJuon Ji:,:!Jnn~ thl.' ,,ct.·k ,lt"\IJ\ -:b1 l,.:h 11 2t) ! J, Put"II\. "'(1,1..
Rc:cogmuon \\\~c'\.. ,,a~ con:.1dc·r e<l
C OL.:"'CIL ~IDIBER \\OLU ~\" \I Q \ ED. \.'\D 11 \\ '' ,H o,m I>. t 1) \l'PI{()\ ~ \
PRO C L..\'1..\flO'-D ECL..\RI:"'G T H E WEl:.1' 0 ~ \I\\ -I IIIWI C,11 11. llHII \ l'I Ill I(
ER \'I CE R ECOG:"'ITIO:"' WE E 1'.
\ touon ~Jrr1c-d
9. Public H ea rin g
Ll1un .. d \kmhl.'1, ,Jth1 •&., lt.d .. n. Bo.1..!,h..1, .•
Yur..:h11.:1'.. lJrJ.:uli-.. Bl.!r:i
,one
ll.
(al • Pub!t, lkanng \\JS hclJ Iv :,:Jthct inrut on l Plllkil B,11 ,,, 12 JJ'r1n,111; 1h,· l 1J1,,
ll osp 11al Planned L'n11 De,elopment
COl':'•CIL '.\IDIBER BRADSH..\\\ ~10\ ED . .\.'\D 11 \\ \:,, ,~.( O'\Dl:.O. 10 01'1· '\ t In
Pl'BUC HEARING .
'.'.ays
Council \h.•mri~t"i 'JbholL .. l1.i.Iti:tt, BtJd hJ \\ '.\ •lllb',fl
Yurch1ck . l.JIJLUh,. B m,
\.one
\lun,>n cJrned JnJ the Puohc HeJ11nk upcneJ
.\II,, ltnt.'~St!~ ,,ere Jul~ ,,om
.. emor P!Jnn~r L..rngon J d t~ed that betvrc (\.>u111..·il tomght h,r tb,.::r d'l,,1d..:r ... :h :--~ l "'"':,~1. B .. 1' > I:
the ra1g ll u,p11al Planned Ln11 De,elopmcnt rhe Jppli,Jnt ., l 1J1g Hu p1t.JI. ,he ,,,J Ji: 1 I ., .•
alread) submined 10 the krk the Pr oofo l l'ub!tcauon ol '.'.ouce <>l l'ubh, !lc J l'.n~ "'""' .-J, rub,i,lld
111 the l::ngle"uoJ Herald un \larch 9. 2001 She Ju, i,eJ th.11 the Jrp!t,Jnt '-\Ill ,uhm111,, the\ 1•, ( led,
the .:e111i1cJ te ul pus ung \I LJngon ,tJted the, hJ,e ,eni,cd t!lJ! ,he prupc:t\ hJ, ~ecn po,ted
Jppropr1Jtel\ 'he e,p!Jmed 1hat the PLD f Planned Lnn De,dllpme111 11, J re1<1111 ng pr,,ce" Jlld 11 1, u,ed
for a de, dopment that may nut ne es an!, accommodate "hat the lppli.:Jnt "oulJ !tke to J,, "11!1111 the
e\lSlln\) zo 111ng regulations It also allo\\S for a umfied deve!0pment control oi' Jn entire ,lie Jnd 11
e tabh,hes the zomng and sne plan crnena specific to that s 11e . T he PL'D ha, t\\O pan,. ,he ,a1J I he lir,1
1s a D1smc1 Plan and those are the regulations that gove rn the uses 111 th e ne" zone Jismct th at \\Ou!J be
.:reated by the PVD . The second pan 1s a Site Plan and that is the general s 11 e and development Jetails
pe ,fie to lhe proJe t structures. elevauons. parkmg and landscapmg. Ms . Lango n noted that the prnpo,ed
C raig Hos pital PUD has been submitted as one document, with both the D1 stnct Plan and th e S,te Plan. nr
concurrent review, as provided within the PUD Ordinance. The prehrrunary proposal by ra1g "a, b1 ought
to us m lhe fall of 2000 and on December 6"' the y conducted lhetr required pre-subnunal ne1ghborhouJ
meeung. Conununity Developmenl received the formal appli cation on Januar y -t '". 11 "a, re, 1e\\ed b\ 1he
Development Review Team and then presented to the Planning and Zo ning Comm1ss1o n at a publi c hemng
on February 6"'. At that meeting, she said, lhe Conunission voted 5-0 to re commend Jpproval b) Co un cil
Currently, she stated, the site is zoned R-3 High Density Residence with a Planned Devel opment O\C r!J y
The PlaMed Development Ordinance was repealed in 1996 with th e adoption of our PL'D . Pl anned l 1111
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Eng lewood City Council
Apri l Z. ZOO!
Page 4
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Development Ordma nce . he advised that. at Co nununity De\'elopment 's recommenda11on. Craig Ho pual
decided to come forward and update mt o a Pla,med Lnu De,elopment. rather than Ju,t amend the PD that
"as ex1,1111g on the proper!). The propo;ed PLD ,Ile 1, bJ,1 'Ji!~ JI the 111t,·1>ect1011 ot outh l:me,,on.
South C larkson and East Girard. There are three parcels tota lm g 4 9 acre s. Parce l I current!) contJJn,
their eas t building. the Fnendsh1p House and the mo coll\ened apartment building s that are 0 11 l:a,1 li,urd
Parcel 2 ,s the surface park.tng lot north of Girard and II fronts on C lark so n . Pa red:,. 1 the 111a111 ho,p11JI 011
C larkso n . M s. Langon adv ised that. because C raig 1s a nationall y recogmzed 11eurolog1cal ce nte r that
pro vides treatment and rehab to patients with spi nal cord and bram mJtmes. their purpose and their
philoso ph y is ro allow fanuly members to participate m the rehab of panents . They c 11rrentl y use the t\\ o
apartment buddings. and also rent space from another bmldmg. ro house family members when the ) arc
there as s 1s t1n g wnh the rehab of patients . They a lso have a need for housi n g for rerun11ng patients that Jre
back for rehab1litat1on and re-evaluation. nder their pro posal. she said . the easr and west build mg that 1
the main hos pual and the east building. thar 111 rhe past ha s been ca lled th e trans1t1onal care buil dmg. and
the north parkmg lot. rematn the same . She s tated the onl y parcel tha t will see development. unde r tl11 s
proposed plan. is on Parcel I and that will be the demoliuon of the rwo ex, ting apartment buddmgs and the
Friendship House. In their place. the y will construct. on the west side of South Emerson. a hous mg facdu y
that will be four stones wnh ~7 accessible units to replace the 43 that are 111 the c urrent apartme111
buildings. The housing building will be used for rerummg patients and famil y members . Also on that s ue
will be a parking garage. a park.mg strucrure. which will be six level s pro v1dm g 333 s paces. As I
mentioned , she said . the neighborhood meeting was conducted ,n December of la s t year and o nly one area
resident anended that meeting and that gentlemen. when he was asked 1f he had any pa st problems wnh
C rai g Hosp11al or the ir fa d11 y. he said no. rhat he had no issues \\Ith the hosp ual. that he ""JU>! pre,ent
because he was unou M s . Langon advised that the Development Re v1e" Team re\'le\\ed the proposed
P UD. those are the se,en rev1ewmg departments \\llhm the City. and all 1de nufied ,s,ues and concern
were resohed 10 ea c h de partment's at1sfac11on . She po111ted out that the ·,11To1111 d1n g zo nm g. fo r the a ·rual
s ite. 1s R-, and th ere I a e c r,on of R-1-C. mgle Fam,I) Res idence D1 su ic 1. that ",·a,i oi 1llt' Jlle, that "
between larkson and Emerson. the area north ofGlfard . The parking standards. J,cordm g to l 11,
ordmance. she said. \\Ould req uire 249 parkmg spaces and the y are pro, 1dm g a tot a l o t .1 0 I park mg ,pJ ces
Those are the 333 wnhm the garage and then surfa ce parkmg mak es up the d1fferen e RegJrdmg 1he
proposed landscapmg. the y are proposmg to provide 33 % of the full P LD s 11 e m landsc aped areJ The
underl ying z one d1stn t ofR-3 . for a non-re s1dent1al use. requires o nl ) 25°0 of the tota l s n e 10 be
land caped. Therefore. he pomted out. they are exceeding the requ1Teme111 1f the y rernamed under R-3
They are also exceed tn g the quanmy requirements . She explamed that . regardmg the t\\O propo ed
buildmgs. the famil y housmg buddmg 1s proposed at 6.1 feet and tl1 e parkmg tru ture at 70 feet. The east
and \\e t buildmgs. no \\, "1th equipment on top oi the buildtngs . are appro~1matel y oO feet tall. he said .
he s med that Commuml)' Development feels the Di stri ct Plan and the Site Plan of the ra,g Hos pnal
PL'D prO\ ,de for expansion of the c urrent use . 1l ,s co ns idered compatible" 1th adp ent u es . 11 supp o rt s
the res1denual and hospital rruxed-use of the neighborhood and 11 conmbutes to the vuahry of the
ommunH y . Therefore, she sa id , 111 s cons is tent wnh the mtent of the Comprehensive P lan and the PL'D
Ordman e and Community De ve lopment recommends approva l of the Cra ig Hospnal P UD . \1 s . Lango n
stated that ,f o unc,1 had any questions s he would be happ y to address them .
Council Member Bradshaw asked what materials would be used . Ms. Langon advised s he would lea ve II to
the applicant to cover all of that. She said the y have a very ni ce presenta11on . M s. Brads haw said okay and
thanked her.
\'la yo r Bums asked 1fCoun d had JR) other que t1ons of \1 s . Langon. There were no ne
Denrns O 'Malle y. P resident of Craig Hospnal. said he \\Otild Just hke to take a fe" moments. ,er} bnell ).
to give o uncd an overv iew. :-,.,01 o much about the spec1f1cs of the bu1ldmg s. he ;aid. altho ugh \\e h3\e
the teams here to respond to any quesuons of that narure. but to tell you Just a little bn about "hY "e are
doing this . I think that is omethmg that 1s ke y 111 thi s whole d1scuss1on, he said. As yo u ma) know ""
take patients from throughout. not only the tate of olorado . but throughout the mted S tate s as \\ell
Because of that , many of the farrul y members of patients . while the y are at Craig, need hous in g For o , er
30 years now, we have been pro, 1dmg that temporary housmg for family members . He exp lamed that the y
discovered. a long ume ago . ho" c nucal the 111volvement of family 1s to the success of many patients ·
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[ngle\\OOd City Council
April 2. 200 I
Page 5
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rehJb1hta11on . '<> "e try. m every way "e ca n. lO get 1he1111m·o h ·ed m that proces \Ir. O "\lalk) stated
that the avadab1hty of hous 111g on campus 1s their so luuon to that. mce that 1s not paid for. m mo ·1
m;tances . b, tradu1onal 111s urance mechanisms. we provide 30 dJ)S of free housing for all o ut of area
fatn1hes . We do that through ··free care"' funds that we have accumulated through the yea rs. thro ugh
charna ble contnbunons and out of the goodness of the heans of many others that ha\'e supponed C raig -o
we want to ominue to provide this Vll al service. Of the apanment unlls that we have been usmg. three are
on the campu. \\C own two of them and an mdi\'Jdual entrepreneur owns one of them. \Ve. '""'e,·er.
manage all of h1 s propeny for him. he said. and ll is used exclusively for our families . Our mtenl 1s that""
\\'tll build a new fac1IJ1y and then occupy it. so we can then ra ze the o ther buildings and create the par~mg
ramp and la nd caped areas that we need . :Vlr. O"\l alle y explamed that the reason this seq uen rn1g ts
1mponam I because the y need to have hou mg throughout all ofth1 s . We ca n 't afford to sa y"" are g o in g
lO teJ1 all o f the buddmgs do"n and be \\llhout. he sa 1J . so ih Jl '""be.s on of. ih e ,e4uencmg o f1hm g,
He noted that the urnt. owned by the 111d1vidual entrepreneur. "di ·o ntmue to be very 11np o11 ant to them
Present I .. he a,J. m our peak periods of the ye ar. and thal 1s about I\ months rough!) fr o m \IJ ) thro ugh
!Jte fall. ,,e are freq uentl y placing people off campus. because "e do11 ·1 h ,e Jde4uate hou ,mg un c.1mp u,
\\'hen 1t \\a; mentioned b) \.I s . Langon that there 1s ,ometl11ng o n the o rder o f~., unm nglu lhJ \\. llJl
include, appro,11na 1el v 15 m this buddmg that "t' manage and the uthers re III the l\\O budJ1ng, "t' O\\ll
He pointed out that they are actually 111creas111g their apa 'It). so the y thmk the, an handle JI I o t the11
families need s on campus III the furure . But \\C "'II ,1111 be keepmg a local entrepreneur 111 bu>1n ». "h ich
1s 1mpo11ant to u; as "ell. TI1ose are some o r the con>1Jerat1011s \\t' feel ar ,er) 1mpurtant. he· sJ1J 1 he
se ond u,e for the se apanment untts has ah,ays been. and" di con11nue to be ll1 the ne\\ facdn). to
a ommodate the return of ra1g pa11ent s as outpatient for three 10 fo ur days. to ha,·e what \\C all
ree, alua11on, penod1cal1). e, ery oup le of year . TI1e y will come III as outpa11ents 10 be see n. gJ\ en a
tho ro ugh ph) ,cal exam and check their equipment II of those thmg s wil l be e,·aluated 10 ma~e s ure th e)
are gertmg along "e ll 111 hfe and av o 1d111g the medical comphcauons. which can interfere with their
mdependence o that too 1s a ,·er) important pan of the prog ram and the buddmg will be used fo r both o r
those Iunds of housmg. JUSt as the apanments \\ere III the past . He sa id. swllclung gears quickly no" to
parking. that anyone that has been on or near the ampus III the recent past knows that ll 1s ge nmg to be
pretty difficult around there . He pomted out that whM \\C have a very close wo rkin g relat1 o ns h1p "Hh
Swedish. \\e are very mdependent of them We are a totall y separate enttty fr o m wed1sh . \\'e ha,e. for j
long tune. leased pace, from them and one of their ramps . Recentl y. It became necessar) for them 10 J ~
u to vacate tha t because of their park mg demands. Swedish has c reated. o n the o ld Engle\\ ood Garden
Center propeny, a surface lot that they are now leas mg to us III the sho rt tenn. so we ·an tim;h the
consrruc11on of1 l11 s ramp. at "h,ch point III ume. the y ma y need that parkmg, as "ell. for their purpo c,.
~\·e hJ\e med, 111 the >1zmg of1h1 s ramp . 10 accommodate not onl~ our pre sent requirement ,. but J l,o
an)thmg \\e might be able 10 Jnt1c1pa1e Ill the foreseeable furure . o \\e are Jctuall ~ go mg I be
overbu1ldmg a bit~ r 110 \\. he explamed, because 1h1 ts reall y the last de,elopJble land that \\e 0\\11 o
we feel we need 10 doll at tin s point in time . Fro m o ur pomt of ,·1,:\\, the e are o ur ke y ·om1derauon, 10
this project. In co n ludmg. he said, I would like 10 sa y that III add1llon to bemg. "hat "e behe,e "e are
anyway, which 1s an 1mpo nant business and emplo yer III the Eng le"ood rn mmumt ~. It ha s ah,a )> bc,·n
very imponant for us that we feel we are addmg to the em 1ronmem 1n the ne1 g hbo rh o oJ 111 "h1d 1 "" 1e >1d e
and we have tned to do that in our construction III the past As you kn o " "hen ,·au trJ\ d lar k,o n. "e
didn '1 just put a bndge across Clarkson, we tried to put a bndge that "as cl» )' fo r the Hy \\' e decorJte
it o n holidays and \\e try 10 make it somethmg that adds to the vtta lny of 1h1s communlly. \\'e ha, e that
same spirit in approachmg this project as well . We want It to be somethmg that not Just C rai g Hos p Hal can
be proud of, but that Englewood can be proud of. I would just like to add that our relat1onsl11p "1th the
City m general is very imponant to us , he said, and through my nearl y 2 years now I am happy to say "e
have had an excellent working relanonsh1p with vtnually all the phases of both the goverrunent and
departments within the City. So we appreciate that and we pledge 10 yo u that we will contmue to rry to be
good neighbors in the City of Englewood. At this point I would conclude my remarks and JUSt be a\Jdabk
to you for questions. Mr. O'Malley advised that there were representanves from their archHectural Jinn. H
+ L Architecture, as well as the Phipps Construction superintendent o n the projec t, present to ans wer an)
questiom Council mi&ht have. Also, he said, Lee Means, our engineering director. who will be pnnc ,pall y
respomible for mana&in& the project for the hospital , was present . So if you ha ve any questions please reel
free to uk them, he said, we will be happy to answer anything you might have to ask .
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Englewood City Council
April 2, 2001
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Mayor Bums said he had so mething he wanted to ask . He sa id . as yo u kn o" we ha ve had co ns tant code
enforcement problenis around the hospnals wuh parkmg issues . He asked tf thi s will take some of those
cars off the street. Mr. O 'Malle y said yes. acruall y we thmk 11 will take qune a few of th e cars off the
street. at least th ose immediately around the Crai g bmldmgs . which are . prin ci pall y. o ur empl o)ees But I
think most of our employees would prefer ro park m the ramp . Th ere will a s hon. 15 foo t. un co,ered "al,
that the y will have to make . but other than that the y can trawrse Cl ark son and all of that "1thout h.i, mg 10
go on the street. The y will go through the build ings an d across the bridge . We behe,e th e) '"II prefer 1h.11
kind of parking. he said. and the street parking will be available for short-term ,·1s11ors o n Cl ark son Strec1
itself. and perhap s Girard.
Mayor Bums asked how they wi ll acco nunodate the families when the y demo the buildmgs th ey ha ve no "
and the y are under construcnon. Mr. o·:vtalley stated that the y mtend 10 build the ne" hou s mg fa cilll).
occ up y n . and then ra ze the o th er bu1ldmgs and build the new parking ramp and th e lan ds caped J reJ
Mayor Bums asked if Coun c il had an y other questions of Mr. O 'Malley. There were none
Mayor Burns asked if anyone else wanted to speak on behalf of the hospital.
Mayor Bums asked if Council had any other questions .
Co uncil Member Bradshaw said she had previously asked a questi o n about material s and she s till \\Ould
like to have that question an s wered .
Mark Williams, with H + L Architecture. advised that he had a slide that would show the proposed
ele vations of the building. He noted Council Member Bradshaw had s pec ifi call y reques ted mformatt o n
about the materials the y are planning to use and the e le va tion on the sc reen s hows the Emerson Stre et
elevation and the Girard Street elevanon. He advised that the se are the two elevations that are pnmanl .
exposed to the neighborhood . The Emerson Street elevanon shows th e fanul y hous mg buildmg. which 1s
mtcnded to be clad m bnck. We mtend to use the sa me co lo r ofbn ck th at "as used o n the oth er Crai g
facilities . be satd, to tie the butldmg m to the othe rs . to create son of a ca mpus feel. While at the same
time . he said . we are using a pitched roof. whi c h none of the oth er buildings have . to give 1t :nore ofa
resi dential c haracter. which 1s what It reall y ts. that is what it s functi on trul y 1s . The mtenu o n 1s that th e
pitched roof will be a standin g seam metal roof and the wmd ows will be alummum framed . \IS1on gl a ss
wi ndows. w11h o perable windows m the ltvmg unit s . Ms. Bradsha w thanked htm.
Mayo r Bums asked 1fCoun c1l had any other que sti o ns There were none .
There wa s no o ne e lse pre se nt to speak .
COUNC IL MEMBER GARRETT MOVED, AND IT WAS SECONDED. TO CLOSE THE Pl'BLI C
HEARING .
Ayes : Council Members Nabholz. Garren. Brads haw. Wolosyn.
Yurchick, Grazulis, Burns
Nays : one
Monon earned and the Public Hearing closed.
Ma yo r Bums thanked everyone for coming and advis ed that Co un c il wo uld vote on this ordinance at the
ne xt meeung . which as Counca l's normal c ustom. He washed them good luck wnh their proJect.
10 . Consent Agenda
COUNC IL MEMBER GARRETT MOVED. AND IT WAS SECONDED. TO APPROVE
CONSENT AGENDA ITEMS 10 (a) (I) and (lil, 10 (b) (i) llnd (ii), 10 (c) (i). (ii), (iii), (iv) and(,).
(a) Approval of Ordinances on First Readin g
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Englewood City Council
April ?. 200 I
Page 7
(i ) COL"NC IL BILL "10 . 13. l'JTRODL CED BY COU).'C IL ME\IBER
GARRETI
A BILL FOR AN ORDr.-.lANCE AMENDfNG TITLE 11. CHAPTERS I AND 1.-\. OF THE
E'-iG LEWOOD MUN IC IPAL CODE 2000 PERTAfNING TO TRAFFIC AND PARKl"'-i G
E. FORCE\1ENT .
(ii) COUNCIL BILL NO . 16. !NTRODCCED BY COL"JC IL \1EMBER
GARRETT
A BILL FOR AN ORD!, ANCE AUTHORIZI GA "LICENSE AGREE\IE'.'/T' FOR TELEPHOJ\'E.
WATER AND ELECTRJC ACROSS THE CITY DITCH TO POA G A:-.'D Mc EWE\ LIFE TYLE
CENTE RS-LITTLETO . L.L.C.
(b) Approval of Ordinances on econd Readmg
(i) ORD INA\'CE \0. 13 . ERIE OF 200 1 ( OL:\ I BILL "1 0 . 1-1 .
fNTRODUCED BY O , C IL MEMBER BRAD HAI\')
AN ORDll'.ANCE A THORIZl~G THE LEA E OF.-\ BL'ILDI,<., I O<..-\ r EO .-\ T 2901-2901) OL' rH
BROADWAY BY THE CITY OF ENG LE\\'OOD
(i1) ORDINA'.\ E :-.'O l-1 . 'ERIE ' Or 2001 \ "OL''.\ 'IL BILL \0 . 15.
INTROD U ED BY COL"NC IL :vtEMBER BRADSHAW )
AN ORDINANCE AUTHORIZING THE REDE\1PTI Ol\' AND SALE OF A HO US l'JG
REHABILITATION PROPERTY LOCATED AT -16 30 OCTH RANT STREET I\ THE CITY OF
ENGLEWOOD. COLORADO.
(c) Resolutions and Monons
(i) RESOLUTION 0 . 27 , ERJES OF 2001
A RESOL TION ESTABLISHING RATES OF PARK A'.\'D RE REATI0'-1 SERVICE FOR
BUS INESS OWNERS AND EMPLOYEES OF THOSE BL'SINE ES WITHJ"N THE CITY OF
ENGLEWOOD .
(i 1) CONTRACT WITH INSITUFOR:\1 TEC H:--IOLO G IE S. l""I C.. 1:-.1 THE
AMO NT OF $31 ,065 .00. FOR SANITARY SEWER PIPELf1'E IMPROV EME TS
(i11) CONTRACT WITH GLACIER CO\STRUCTION COMPANY . 1;,..;c. 1:-,; THE
AMO . 'T OF S-1-1 .850.00 . FOR NORTH RESERVOIR DRAIN MODIFI ATI0:--1
(iv) TRAFFIC ENFORCEMENT AGREEME:--IT BETWEE . THE IT\' m
ENGLEWOOD AND THE ENGLEWOOD ENVIRONME , TAL FOUNDATION
(v) PROFESSIONAL SERVICES CONT RA CT AND A AGREEMEJ\'T
DEFl);ING THE SCOPE OF WORK WITH DEVELOPMENT RESOURCE PARTNERS O THE
COMPREHE\S l\'E PLAN PROJECT NA'-/ AMOUNT :-.:OT TO EXCEED S1 7.I00 .00 .
Vo te results:
Ayes : Council Members Nabholz, Garren. Bradshaw , Wolosyn.
Yurchick. Grazulis. Bums
Nays : None
Monon carried.
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Englewood Cit)' Co uncil
April 2. 2001
Page 8
I I. Regular Agenda
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(a) Approval ofOrdmances on Fwt Rt'admg
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There were no add11Jonal lien submmed for appro\JI on first reading (See .-\~e nd a l tt'm 10 -on enl
Agenda.)
(b) Approval ofOrdmances on econd Rea,hn g
There were no addiuonal uems subnutted fo r a pproval on econd re admg. (Set' Agp1da l1e111 10 -lunst'lll
Agenda.)
(c) Res o lutions and Mouons
(i) Dire ctor Ro s prese nted a reco mme nda11 o n from the Depanment of Pubh,
Works to adopt a resoluti o n authorizing the nego11a 11 on and J ·,ard uf a c:o mrac t for 1he Cit) ·s 2001 :-1 11:ro-
surfacing Program to Bituminous Asphalt Sealing pe iahs ts. In c .. a .k.a .. BASS. Inc .. m an amount not 10
exceed $3 60.000.00. He stated that each year our Streets M a intenan ce D1V1 s1o n review 11 nuk of
streets in the City of Englewood and evaluates whi c h streets need rnamtenance effons . T he design hfe of
an asphalt road is 20 years and in order to coax 20 years out of o ur roads m Co lorado "e nt'ed to perform
resurfacing treatments periodically. He stated that. si nce 19 9 1. the City of Englewood ha s fou nd nu c ro-
surfacing to be a cost effective mamtenance alternative that provides rut filling . leveling of ex1 tm g
pave ments . a surface seal and a new wea ring s urface. BASS ha s sa ti sfactorily pamctpated m a parmersl11p
arrangement wi th the City for the last ten yea rs to construct our micro-surfa cing pro gram a nd th ey ha, e
now placed over two million square yards of our design product on our roads . Mr. Ross statt'd th at "e
firml y believe the rec o mmended course of action represents superi or value to our c11 1ze ns and. therefore.
we re commend that C ity Counci l adopt this re so lution to allow us to ente r mto a contrac t fo r our _00 I
Mi c ro-s urfa ci ng Prog ram. If yo u have an y que stions I would be happ y to tr y to an swer th em. h,· said
Ma yo r Bums noted that this continues to be a ve ry s pec 1ah zed an a lmost. He n01ed that. to put do" n thi s
nu cros urfa c mg, requires s pec ial eq uipment and. as we have discus ed 111 the past. BA '' has the unique
ability to do thi s. They have the nght equipment to do thi s son of apphca11on. "h1th. he said . ,t'en1> to
have been considerably beneficial 10 us fo r the past ten years. Directo r Ros said ye,. 11 ha s bt'en a gre Jt
arrangement. Their equipment requires a seaml ess type of apphca11 0 11 that very le" contra ·1ors hJ, e
ava ilab le m the Dell\ er area . He commented that ti is going to be rather mteres11 ng . as herr) H ilb\ 1IIJg e
1s go mg to go ahead and s pec the same type of matenal that we c urrentl y u e. but the y are go mg to go
ahead an d tr y 10 bid ti , so 11 will be m1ere s 11ng to ee 1f an ybody s hows up . It will be a good test case for
us. he sa id . to find out ,f there 1s anybod y e lse ou t there that can do thi s and that will be very helpful.
Ma yo r Bums no ted that there ha ve been quesu ons about whether we s hould bid tlu s o r no t. because ti 1s so
spec,ahze d we ha ve had what a mounts to a sole source contrac t in thi s area . but we seem 10 ha,e go n en
very good results fro m 11. Dire ctor Ro s sa id that 1s co rrec t.
Council Member Wolosyn asked that Director Ross keep Council posted on what happens wit h Cherry
Hills . Mr. Ross said he would be g lad 10 . He noted that BASS will be bidding. Direc tor Ross said he
talked to the person in charge of that program toda y and found out he has done so me preliminary feelers
talking with contractors and everybody he has talked to so far ha s said the y don ·1 have the equ1pmelll. So
the y may be doing a sole source without going through thi s process .
ounc1! Me mber Yurch1ck asked how thts compare s. pnce-w1se . 10 the altema11ve s He asked 1f 11 1s
comparable . Dire ctor Ro ss adv ised that ti is more ex pen sive . I thmk the o nl y other alterna11 ve o ut there
tha t he would even consider. he sa id. 1s th e chip sea l and unfonunate ly the chip seal 1s so dus ty and as ,ars
get on it right after 11 1s laid down you ge t the rocks thrown up . So 1hen . he po inted out. yo u ha, e the
comp la int factor, the kids scrapping their knees on it. because the surface 1s s o mu c h rougher and then yo u
have the cracked windshields as a result of the tendenc y 10 drive as fa s t as the y wou ld normall y and 1101
all ow that 10 se t-up . l thmk th ere are some hidden com. he said . but I "on·1 kid yo u. I thmk yo u could get
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Englewood City C ouncil
April 2. 200 I
Page 9
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l11p seal for probabl) a I 30 per quare yard. "here this 1s gomg to co I us a I O or I --ii 1s mort'
expen sive . but I "il l co mpa re ou r roa ds and the 4u ali ty and the ab1li t~ we ha ,e tO, a~ the thKknes s to
address our need . "hether II 1s fill mg ru ts or " heth er 11 1s 1mpro v111g th e n de ab ilit y 01 ou r roa d,. d 5 I j USI
do n't th mk tlllS can be be at I have onl y been with the Cuy for 21 month s, he said. but the y ha,·e ma de a
terri fic beli eve r o ut of me
Coun c il \I ember Yurch1 ck a ked 1f it ha s a longer life span. Director Ross ad vis ed that \\·e ge t abo ut se, en
years. \\here as \\ 1th a chip product you would probabl y be lucky 10 get fi ve. so yo u do ge t that extr a l11c .
Ma yor Bums asked 1f there were an y other questions for Director Ros s. There were none .
COU!\'CIL MEMBER GARRETT ~IOVED, Al"ID IT WAS SECONDED. TO APPRO\'E AGE~D . .\
ITEM 11 (c) (i) -RESOLL'TIO~ NO. 28. SERIES OF 2001.
RE O LUTION :-.:o 2 . SER.JES OF 200 1
A RE O LUTI O '.'i AWARDING A NE GOTIATED ONTRA CT FO R E~GLE\\'OOD. 2001
MI CROSURFACING PROGRAM INSTEAD OF THE CO MP ETITIV E BID PR O E S L':"<D R
ECTION 116 (bJ OF THE HOME RULE CHAR TE R A'.'/D -E T ION .J .J .3.1 OF T HE E'.\GLE \ OOD
MU. 'ICIPAL CODE 2000 .
Vote results:
Mo t1 on carried .
Ayes :
Nay s:
Co un c il \!e mber ~abholz . Garrett. BraJ ha". \\'olo ~ n.
Yurch 1ck . Gra zulis. 13ums
:-.:one
(ii) Manager tO\\e pre sented a re co mmendation from the Linleton/Englewoo d
Wastewater Supervisory Committee to appro,e, by moti on. the Pha se 2 Engmeenng Contract. wnh Bro wn
& Caldwell Engmeers in the amount of $4 ·5,9 0 00. fo r expan 1011 of the Lmlet on/Englewood Wastewate r
Treatment Plant . He explained that the y are askin g fo r approval of1h1 s en gineering co ntract to proc eed
with design on the plant expansion and addiuonal treatment capacn y. About a year and a half ago . he said .
we presented to Council , at ajomt meeting, the po ss ible need to expand the capacn y of the fa c 1liry. as \\ell
as adding nitrate removal to meet water quality standards m the South Plan e Ri ver. As a re suh o f that
presentation we issued a request for proposal to six engineers to perform ome work fo r us . Brown &
Caldwell was selected to perfonn a planmng and capacity as sessment pro1ec1. The y completed that proj ect
earlier thi s year and, at a Study Sess10n, Brown & Caldwell presented the res ults of that stud y. He advise d
that the y recommended increasing the plan capa cny to approximatel y 50 nul11on gall ons a day fro m the
current 36 and to proceed with a design on mtrate removal fac1htie s. At th e pre ent li me. ,,e don·t kno,,
, hat th e requirements are fo r th os e nitrat e remo val fa c1l1t1e s. but we are proceeding "1th the de sig n anJ "e
are ho pin g to head off some of the publirny that ha s been co min g out rece ntl y .
:\1a yo r Bums co mmented that he was hopmg Mr. Stowe would go mt o that a b11 .
Manag er S to we ad vised that the contract we ha ve tonight 1s for S4 5 · .9 0 00 Il e e,plained that there Jre
actuall y two phases to the design project. One pan is the pre-design, wh ere spe cific fa cil 111 es '"I I be
identified to meet the 50 mgd as well as the mtrate removal requirement . The re 1s an oth er poru on of the
proje ct. required by the Wa ter Quality Control D1vis1on. which 1s to prepare a s11e app lic au on .
Ma yo r Bum s asked 1f Co un c il had any quesuons for Mr . Stowe . There were non e.
:vta yor Bums said he wanted to state. for the record. that we are properl y pemuned at that plant and we
have a properly ex tended pemut.
Council Member Bradshaw stated we always have been .
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Englewood Cily Council
April 2. 2001
Pagi, 10
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Manager S1owe stated we have alwa ys been properly pem1ined. He noted that the comments about o ur
permit being expired ac tuall y ca me from an EPA repon. If yo u go to EPA ·s website. he said. yo u can
download 500 pages of infom1ation on our facility and pan of that repon says our permit expired in 1996
What that EPA repon doesn't say is that the State has administratively extended our pemuts. so 111 111 full
force and effe,t. He commented that the EPA ha s appro,ed all of those state regulauons and the state \\J3
s1mpl) proceed111 g 1he "ay 1t 1s legally suppo ed 10 . The good ne"s 1s \\C ha,e been "ork111g ,er) hard on
a new pemul fo r the past year. for a linle o ,·er a year. Reports from the" ater qual11y co ntrol d 1\'1s 10 11
personnel are that ll 1s the war l pemut the y have ever worked o n. meaning 1t ha s been the mo st
comphcated and most d1t'fi cult o ne to work on. Mr. Stowe advised that the y issued that pernut las1 week
and we are expecting to ge t the offic ial s igned copy so metime this week and that pernul "di become
effective on May I ~. Ma yo r Bums said 1ha11s exce ll ent and he thank ed \I r 10\\t'
Manager Stowe advised that that permit does ha ve a lot of addiu onal requirement . There are s ix or se, en
complian ce schedule s that we wi ll have to meet . he sa id. and there 1s a s1gniticJlll amoum of increased
monitoring that we will doing over the nex t couple of years . We" di be pro,·1d111g a repon to the
Supen 1sor) Co nun11ue on \\·hat that work 1s . he sa id .
COL"NCIL MD1BER BRADSHAW MOVED. AND IT WAS SECO:'IIDED. TO APPROVE
AGENDA ITE:\I 11 (c) (ii) -THE PHASE 2 ENGINEERING CO;,iTRACT . WITH BROW:'11 &
CALDWELL E:'1/GINEERS IN THE AMOU:'1/T or S-'55.980.00. FOR EXPANSION OF THE
LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLA'.',T .
Motion carried .
Ayes:
Nays:
Counc il Members Nabholz. Garre n . Brads ha". Wolos~ n.
Yurchick, Grazulis , Burns
None
(iii ) Assistant City Manager Flaherty presented a recommendatio n from the Hy
Manager's Office to approve , by motion. an agreement for placement of the 'Vluseum of Outdoor Art
Design and Build sculpture exhibit. He explai ned that thi s agreement \\Ould pernut th e use of cena m Lil}
propemes for their Design and Build compel1t1on . He sa id . if Council will recall , earlier ll11s yea r the
"'1useum Sile representatl\·es came to a Studv e ss ion and talked about the Design and Budd compem1011
He said he understands that so me of the Council member are alread) fanuhar "llh thi s. ha, mg
pamc1pated m previous years . Mr Flaheny expla111ed that the reason \\C need 10 do a pe,1al agreeme111 1
because their urrent ub-lease agreement covers only their acll\ 1ues o n thi s Sil e. this budd111g . and
City emer. The Design and Build competiuon takes them o utside of the lly e nter. Although. he ,aid . I
think there are three o n-site . ellher m the buddmg o r o ut side the budding. Exh 1b11 A provides mformauo n
on the sc hools that were the winning entne . as well as the llll e of the<r work and 1he loc J11 o ns Jl "h1ch
they will be placed . He stated that the agreement will then allow them the use of Hy propen ~ o n" h1 ch
the dis plays are to be made and cla rify the liabilit y and o ther insurance related issue s . He asked 1fthere
we re any que stions .
o un cil Member Yurch1ck said he had one question that he ha s brought up before . He asked about using
the roundabout and puning something in there . Assistant Ci ty Manager Flaheny advised that. mmall y. they
had a piece that was to go in the roundabout, but the y have decided. for whatever reason, to wnhdra, ll
from that location. lam nor s ure why, he said, but we have talked to them about the possi bility of using
that location, in the future, for the display of either permanent or temporary an work and the y are very
receptive to that.
Mayor Bums noted he understands that very ea rl y o n there was a fo unta in planned at that Sile . but because
o f cost that was taken out. But that would be a perfect place for a ni ce monumental sculpture piece and It
wou ld be excellent there if we could do that so meday, he said .
AsslSla nl C n y Manager Flaherty advised that they w ill ce nain ly ha,e so me addn1 o nal d 1scuss1ons wnh
MOA about that . We are talkmg lo them about add 1uona l displa ys 111 the building . he s ai d. and we will talk
to them about that locauon as well.
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Euglenood City Council
April 2. 2001
Page 11
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Mayor Bums asked if there were any other questions of \1r. Flaherty There were none .
Mayor Bums thanked Assistant Cny \!tanager Flahert y.
, .
COL'.~CIL \'fDIBER GR.\Zt·us \IOVED. A'.\D IT WAS SECO'.\DED. TO APPROVE AGE'.\D . .\
ITDI 11 (c) (iii)-A.'I AGREDIE'.\T BETWED' THE CIT\' OF E'.\GLEWOOD A:',D THE
MUSEUM OF OL'TDOOR ARTS FOR PL.\CEME:'IIT OF THE MLSEUM OF OL'TDOOR ARTS"
DESIGN AND BUILD SCULPTURE EXHIBIT. -fh. L ~ _
Ayes : Council Members Nabholz. Garren. Bradshaw. Wolosyn. 41ti..t . ~
Nays: ~~~~hick. Grazulis. Bums dfi~t~. r ~
Motion carried. / "'7:]'; ~
12 . General Discussion
(a) Ma yo r's Choice
(i) Mayor Bums said he und r
Fullenon Compan y projects in the Golden Tnan,
comment on that. "-'IIS;;..--'c::ii;
Council \lember Yurchick said the o nl y thmg he "-Ould like to add as that the one tlung 1hat came acros s
and impre s,ed him was 1he pnde they ha,e m their produ<:1 . The y ar ofwha1 the y build and 1t
ShO\\S
Coun ii \1ember Bradshaw commented 1ha1 Mr. Fullenon·s wife con
was pretty lassy .
'vla yo r Bums stated that was excelknt to hear and he wa s very pleased "ith that.
Mayor Bums commented that he noti ced in the paper la t "eek. o n the front page. that RTD 1s talkm g
about a fairly aggressive demoliuon schedule. So 1 asked City Mana ger Sears to clanfy ho, mu ch of1hat
the y plan to demo. whether we are going to spla it half and half, because. he said. I don 't tlunk \\C hav e a
contrac t w11h RTD yet. He asked if it was true 1ha1 RTD took mle of the sue last \\eek . C11~ Anome y
Brotzman ad vised that the y have possession and the y are 111 the nuddle of the condemnauon process nght
now.
Mayor Bums op med that we are energ1zmg each ot her with 1h1 s proJe Ct and I hope we can keep thi s
synergy gomg.
Council Member Bradshaw stated she was concerned, las, ume. abou1 RTD hdmg funher so u1h Jnd
apparently the y have already staned the process 10 ge1 the land nonh of Yale . When we lirst met. 11 seemt'd
like 1he onl y land they were acquiring was in Englewood and s he had a real concern about that Apparent!)
the y hav e staned 1he sa me process that the y have JUSI co mple1ed on the Englewood land only 1h1 s 11111e tht'}
are go mg no nh of Yale , so they are gomg 11110 Denver.
(i1) Ma yor Bums said he would like to thank everybody for all of the good wishes
and good words atier the DRCOG Annual Award Dinner. Friday night, he said, as you probably know , I
was awarded the John V . Chris1ensen Memonal Award. He showed everyone the plaque . This was the
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April 2. 200 I
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only award of1he e vening 1hat no one knew about be fo re II "as a nn o unced. he atd. o th ey had a grea t
time at the meeting . Mayor Bums stated . as he did at the me erm g that ru ght. that he \\Ou ld hk e to tha nk
Council. City Manager Sears and all the employees . becau e he fe lt that thts wa really a n award fo r th e
City of Englewood, because of the enormous effon put fonh b th e C u, in the la t e ,·e ra l yea r . T o take
down a one million square foot shopping center and to red o tht bu 1ld tng and mo ve th e tty Hall fo r the
first time in 35 years and begin this project... it is JUSt an eno m to us effun b) e,·er) o ne "ho "orks for the
City. the citizens who have been so pa!lent with us throu gh a ll of tlu an d the c 111 e m the outh\\eS t
comdor. Linleton and Sheridan. He noted that L11t leto n ha s "o rk ed '"th u·. ha nd m 210 ,e. for ,ears on the
southwest corridor ligh1 rat I. l al so \\·Ould like to thank John Pa rr nd Pe ter Kerme) or" the Cem~r for
Reg ional Ne ig hb orh ood Ac ti o n, he said. "ho .:ame do " n. alo ng "11h Director Bob tmp ·o n. 10 talk w us
about what transll oriented de velopmem \\JS abo ut . mste ad ofbtg box re tatl Jnd lo ts ofparkmg \\"e ltked
that concept quite a bit and went for 11. l "e m to RT D o n Thursda, n ight. he aid. dt1d the, had a ,e, 1011
that they have periodically on what the y call po hcy ma ker and sta rfon RT D ·, furu re p b 11> l k
commented that RTD has been very bold m th e pas t fe " mo mh s about butl dmg out the ir en11re , s tem .
possibly having a new vote on the sales tax increa e . Auro ra has bee n talkmg abou t mo, mg light ratl fr o m
Parker Road up to l-7 0 and Arvada has been talkin g abo ut 11. As a l :Viar ella sa id Thur sda,. before
southwest was butlt . people were kind of iffy about whethe r thi s ktnd ofthmg wo ul d wo rk an d no" that 11
is such a roaring s ucc e ss the y are clamoring to be the ne xt li g ht rail co rr idor. So 11 has c reat ed a
tremendo us syne rg) m the reg ion 10 get the se thm gs done . lnc td e ntally. the y al so ;aid th a t ma ybe one
more full fundin g grant agreement rrught be a ll owed for Denver. They ha ve tw o . One fo r so uthwe st. one
for the southeast and maybe one more 1s all thi s region 1s go ing to get. So. he said, 1t reall y means th at we
ha ve 10 have pubhc1priva1e pannersh1ps and c enaml y an RTD ,·ote. I think. in order to butld thi s ys tem
out in any reasonable period of time . But tt reall y recogmze s the things that Englewood has acco mpli s hed
and the synergy that this has created. There wa s one very nice thtng l found o ut . he s aid . I th oug ht that
perhaps no one in Englewood had won this before, but that wa s ,~Tong . Next month we will honor ~lilt
Sentt as the Ci tizen of the Year and tn 19 83 Mr. Senti won the John V . Christensen :vtemorial Award.
They also recognized my work on Housing for so many years . he said. and when I sraned the Ho us mg
Authority work back in the 19 70 's. ifmy memory serves me nght. :Vtih Senti appo mted me to the Ho us ing
Authority Board . So there is a great synergy bemg created . The l 9 79 Comprehens ive Pl an. that we are
no" c omprehensively redoing . has all the elements that we ha ve in o ur proJe c ts . The mcreas ed hous mg 111
thi s area , the in cr~a sed bus iness development m the area and fLx ed ratl \\as m that Comp re he ns ive Plan .
:'vla yor Bums stated that the people who put tog eth er that Co mpre hen s iv e Plan were ve ry forward thm kmg
and about 20 years later we are finall y genmg the Jo b done . Milt Senti al so wo rk ed o n th a t. so 11 rea ll y
c reates a great synerg y and a great lmkag e be tween tha t mne and tlu,. Su I am going 10 hJ , ea lo t or fun
next month \\Ith Mr. Senti at our sess ion ho normg htm. he sa td , b eca use there reall ) ts a li nk age bct\\een
tho s e da ys and these a nd it is reall y fun to find that o ut. He thanked eve r)one ag a m . It \\JS a great
p leasure to go there . he said. and I "~sh more of you co ul d ha ve b<!en there as 11 \\3 a lot ofiirn He
commented that he was told there were 550 peo pl e there. so 11 "as a great u me fo r the 11, He offered his
thanks .
(b ) Counci l Member's Choi ce
(1) Council :vtembe r Yurc hick aid he Jus t had o ne que su o n. He a ked 1ft here any
plans to do an ything with the dtrt in the center o f the roundabout. It looks so unfim s hed th e way 1t 1s now.
Mayor Bums said he thought the repons indicated the final landscaping would be done 111 the s prmgtnne .
Director Ross said yes, that is correct, the final landscaping, the plantings, will be done m the spnng. So .
he said. that should take care of the dirt. I wou ld hope .
Council Member Yurchick said n is spnng. Director Ro ss agreed. that ye s 11 is s pnng .
Ma yor Bums commented that he ts asked from lime to time about that area aero s from Phar-M o r and what
rrught happen to that. I don·t have a very good ans wer for them. he said, but ma ybe we don ·t know ye t.
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April 2, 2001
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D1r ecror Ross sa id that ts correct. "e reall y don·r kno ". He noted 11 1s pan of the Phase 2 de,e lopmem that
1s go ing to b e cons ide red soon .
C ity Manager Sears noted tha t t he onl y sugges1ton. "e have rece nt ly rece l\ed fr o m a C111 ze n . "as 10 hJ,e
som e type of add111 o n a l p ark mg and hun k fo r the ltght rat! I have m rru cted the staff to take J look JI
tha t.
Counc il '.ll e mber Bradshaw stated tha t she does not lt k e that idea at al l. because she thmks RTD ne ed s to
pay for th e ir parking .
Cit y Manage r ears said we will wo rk II out.
Mayor Bums advi sed that Cal Marsella sa id Thursd ay ni ght that they d o n ·1 ha w any fund s fo r add111 u na l
parking ri g ht no w, they had propos ed to put II m a ,·o re tha t t he y might ha,e. b ut that doesn 't gi ve us Jn;
immediate re lte f. They are also doing a stud y as to \\'here the fol k who park o ve r th ere com e fro m . "11 h
the idea that ma y be we can in11iate some kind o fpark-n-R1d e :',,l a;or Burns po inted o ut that 60°0 o f the
people who nde tlus line are new transit nders , whi c h mean tl1a1 th e y did not nde b uses . So. he said. I
tlunk we have to kind of reeducate and retra in some of the se fol ks . "ho are conung m here. to take the bus
to g et to the statio n . And. he noted, we need to kno w "he re the y are co nung fro m m o rda to do that He
o pined we reall y need to do these studies and get to gethe r and thmk a bout some trateg 1e about ho " "e
can rel ieve o me of the pressures over h ere. becau e 11 "111 not get bener and as the outheast .:o mdo r
starts, the commo n understanding 1s . there will be more pre ure o, er here It 1s omethmg "e reall ; hJ\ e
to wo rk on together T h e o ther thing. ',,Ir \fa rse ll a a id ,er~ candid!; at the 111ee 1111g . \\JS tha t the m he r
comdors and other RTD board represe 111 a11ves are sa;rng that 1f)OU pu t -oo spaces there. Jt I .000.0 0 a
space. that is $5 million and the bo ard mem ber are sa )1ng Jon ·1 ;ou d J re spend that mu c h m ne; o n thJt
corridor before we g et o ur corridor . Mayor Burns ad, 1sed that '.\1r :',,l arsel!J 1s ge mn~ J lo1 uf polt11CJI
pressure from the board not to s pend a lo t mo re mo ne) o n thi s corndo1 \\hile the others Jre \\J111ng I hJ 1.
he said. is son of a fact of life, s o we have to de al "nh tho e realtue anJ . I 1h 111k . tr) to \\0 1k "11 h tllt'm 10
figure o ut some wa y s to cons tructivel y tr y to rehe,·e tha t p re,su re
(it ) Council ',,!ember Brad ha" ad\l cd tha t o n Sa turd ay. A pnl 21 ". in honor of
Arbo r Da y. there ,s a ce lebrati o n at Corners to ne Park . They are p la n11n g 300 trees and they are ·alhng 11
2001 Points o f Shade . If you are interested yo u need to cont act outh Suburban. sh e aid.
(111 ) Council ',,!ember Garren o mrnented that Counci l ha d ta lked about at least
ha v ing a trial cu shion for our "church pews" out here . He a kcd 1f anyt lung was d o ne . 11 y ;\lan a ger ears
advised that the y haven ·1 followed up on that but the y will . "'1r . Ga rre tt stated ,~e need to put so me
softness into tho se seats.
Council Member Nabholz agreed they are hard.
Mayor Bums agreed that Council had talked about that .
City Manager Sears said yes, Council did give instructions to look mt o that. He ad vised that sta ff wo ul d
look into it.
13. City Manacer'1 Report
(a) City Manager Scars said he would hke to re s po nd to the concern a bo ut the sp ace bel\\een
Pbar-Mor and the City Hall. He noted that it ts somethmg "'e need to take a look at. but he th o ug ht one o f
the reasons that bas not been that high ofa priority, is that 1t 1s in conJuncnon with the Ci ty Hall . W ,:, do
have the proposals, be said, the RFP 's have been sent out and the comnunee will be mak111 g a d ec 1s 10 11 on
the future of City Hall . 1 think, probably, that whatever happens w11h that property w ill ha ve to b e 111
conjunction with that he said. 1 think, in Bob Simpson's mind, he is trying to preserve that area , a lmle b11 .
for parking that may be associated with the City Hall and I know, Mr. Sears said. that that is included in at
least one or two oflhe proposals, that there was some type ofparlong th.at was going to be put there . At
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April 2, 2001
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least, City Manager Sears said, that is what Mr. Simpson ha s informed him about . That conurunee will be
meeting later this month. or the first pan of Ma y. to review those proposals.
* * * *.
Mayor Burns said be wanted to thank Council Member Wolosyn and Counci l Member G razuh s fo r being at
the dinner on Friday night . We enjoyed having you there ve ry much, he said . Al so. he tated . he wanted to
thank Pauletta Puncerelli and Leigh Ann Hotlbines. as the y did a lot of work on that .
City Manager Sears noted the staff did a reall y great Job .
Mayor Burns thanked City Manager Sears for thinking the whole th ing up in the fir st place .
City Manager Sears said he thinks. as Ma yo r Burns said . that Englewood ne eds to be re cognized fo r th e
work we have done, with Mayor Burns leadership II was relanvel y easy to do
Mayor Burns conuncnted that there is a famous Woody Allen quote . 1hat 0% of hfe 1s Just showin g up and
we showed up a lot in the past several years. so that says a lot.
Council Member Wolosyn stated that Mayor Bums gave a very in spiring speec h. She said she so n of
applied it to herse lf and it was nice.
Mayor Burns conuncnted that he tried to push the crowd by sa yi ng . ·'look, now that you know it works. ge t
out there and go after it. You arc all planning like crazy, now is the time to move, don"t be sh y. don 't let
anybody tell you you can't do it, because they always will . Go after it." So , he said. I hope that had some
impact.
14 . Cily Attorney's Report
City Attorney Brotzman did not have any matters to bring before Council.
15 . Adjournment
MAYOR BURl'1S MOVED TO ADJOURl'I . The rneeung adjourned at 8:3 1 p.m.
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PLEASE PRINT
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PUBLIC COMMENT ROSTER
AGENDA ITEM 7
UN8CHEDULED Vl81"11""0ll8-
DATE: April 16, 2001
UNSCHEDULED VISITORS MAY SPEAK
FOR A MAXIMUM OF FIVE MINUTES
ADDRESS
WiJo S Ewe /2('
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1001 POWN UNf£l lNfWU.flONAL tAMES
LH1is HolfMAN
4920 s. INCA DRIIIE
ENGln,'Ood, CO 80110
(JOJ) 761-»~
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I ltA11E hEEN IN11ind ,o COMP£TE iN ,ltE 2001 Do"""' UNdER INnRNATk>NAI GAMES iN
AIISTRAIIA ,!tis JUNE 11111d July. I AM IIERY ltoNOREd TO kAIIE hEEN cltoSEN IO pARticipATE iN ,kis
pllHTlcilOOS l)IIOGRAM. WE ... 111 bE COIIP£TIN<j IN AN A11s1ul1A111 TOURNAMENT. OuR TEAM is
Aslilll(j foll spoNSOIIS TO ltdp ddRAy TltE COST of ,!tis ,trip. A MAjoR SOURCE of lu111ds COMES fROM
TltE "°'""''"RY CONTRibuTk>NS ol f11Mily, f11iENds 11Nd iNTERt:STEd spoNSORS. You• SpoNSORSkip
...ould bE " IIERY iMpC>RTANT pART of My fuNd RAISING ACTilliTY, Tkis doNATiON will kdp ME RAISE
ENOIJ(jlt MONEY TO pAIITicipATE IN ,ltis ONCE•IN•A•lifniME oppoRTIJNiTy .
.. ,,,,,,,,,, .. ,,,,,,,,,,,,,,,,,,, .. ,,,,,,,,,,,,,,,,,,,,,,,,,,,
WOULD YOU PLEASE BE A SPONSOR OF OUR TEAM?
YEs, I ...ould likE ,o kdp by MAkiNG " doNATk>N of:
Cl S ~.00
a s~.oo
Cl S 7'1.00
Cl SI00.00
Cl Sl~.00
Cl $200.00
Cl o,kER s __ _
Tlt11Nk you lo11 yo1111 GENEROsiTy. PIEASE MAkE cltEck p11y11blE ,o:
INTERNATIONAL SPORTS SPECIALISTS, INC. ANd RETURN
TO ME AT TltE Abo\lE fisnd AddRESS .
TkANk you loR MAkiNG 01111 luNd RAISING dfo11, A SUCCESS. YouR spoNsoRSkip is GENUINEiy
ApptlECiATEd.
~
l.Ewls HoffMAN
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Boys and g ir
BY T O M 1\.1.UNOS
STA.ff WR;HR
ll1e issue h oe: m the bal·
nee unul the rm~ t.a.llie s. t,ut
.. hen the pomtS .... ere recorded
·l the 4A rrg1onal cross coun -
·•\ meet, Eog!e .... ood had
11leJ J .... -n team benhs in th e
ho}s and the glfls divliion a1
~~[C,
, l'hr Pirates k"cpt the season
nm as they took the final
,pou 1n bolh divisions with
founh·place firu shes. "h1cb
me.ans they w1U run Sarurday
;., the 4A St.a.le Cross Co unt.Iv
\1ee:t ,1.t Y.c.:it Denver Cot:ntn'
lhy Sch 1 .
Kent Demer Mll be the si te
;1 r 3.-\. 4 ,\ and 5A sutc meets
!"he tc n1 au,.c ~i.~edul e calls f.._,r
~c J A guls meet 10 start at
(} lQ 3 m "1th the gun going
,ff ir r ti1e JA ho;·s at nt'.)11~
The 3.1-rrulc rou~e .... mds
throu g b lhc picturesque semng
at KenL ""inding past the lak es,
up the hill and through the
trees Tbe home stretch loops
do.,,, n a small hill lnd across a
meadow to the finish lme
ll1crc 1s nu charge fo r
1dmJss1on 10 thi:. sta te mecc t'tut
i'3Ikmg a lirruted at Kent so
pc'ClJtors a.re .1d\·1sed 10 amve
,.lfi~
l.lst \\Ct'k. Engl wcc,d tr.?\'•
· c..J t,> \..a:mcnt Part fo r th e
re gionals, the qu:ilifyms com-
pcuuon llut de1emuned "'ho
J.d\ illlCCd 10 Sl.ltc.
T1,1, eh·c teams ran in Ute
mcc1 ..., 1th th e 1op fou r teams
1d\ an 10g to \Ul.lc A lso. the
1or st,·co 1nJ.i\ iduab nv: on
q uahf)ing teanu advanced to
1he stJ tc mceL
l"hc girls ran fir!:.l and fac«I
J 1,,ugh t,aulc J.S lh ~ ~ ·.c.J for
J I lc-Js t a fourt11 -placc firmh to
4 uJhfy ior i.tat c.
When the r<nou we re uJ.
t,etJ , Mu!lc11 \\PO t(J p h , .. , ·s
c.J1ily wi th 2.J poinu;
E,crg rccn \\ob second v.1th 62
nus : :ind Com fe r \\ as third
V. 1th 7'.! r otnl"i Th::-re Y. '!C
, vnc ~n ,1ous moments
sigh of re lief ""h1.:J 11 "'. !-.
announced Engle"' "a.~
fourth"' 1th 108 pomL . 11
pomts better thil!l fiflh-rl,t1..:
Surrurut .
The demand.ng count
in luded 1wo round tn up
challenging Reb el lllll
.. A runner has to 1.Je, 11e the
str.Hcgy for the h1ll.'. Pirate~
coach Bill Amb ron s:ud · If the
runner goes too fas1 up the lull.
it can drain all lhc cncrg~ so
there is nOl.1-.ing left fo r the rest
of the race At the same ume,
the runner can 't afford 10 set
too far behind by goi ng up Ul e
h1ll 10 slo"'ly"
The Pua1cs had a plan fo r
the hill and r.a.n as a pa ck Con
D1ekme1cr pa ed the Pir.u es
from the open1.1.1g gun an d was
the first En@.le\\ood ruru1cr
across the fumh hue. S bc 1,1, as
11 lh m a field of abou l 60 run-
ners .,.. .th a Ume o f 22 OJ .
'The tull \I,~ tough but \\C
pracuced he re so we knew
"hat to expect," she sllld after
the race . "I felt prcu y good and
I th.ink v.c ran v.ell .1s a 1c:im ·•
·111~ P1ra1u close together m
the field with Abby
Heinzerling coming in 181.h
with a um.e of 22:49 , Oli via
Perry-Smith 22 nd wi th a 22 :55
wlu le Airrcann:i. Headley was
27th with a 23:23 and L<:ih
Evans was 1.he fiflli P1r.ttc 10
fi nish as she was 30!.h "'i1.h a
time of 23 :55 . Tcamm:i.tcs
Jo nnell Jtolzm:in ran a 24 :46 10
fin ish J9Ut and Jenny Corns
r.u, a 28 : 13 and fi nis hed 5 rd
··1t was a tough race.''
I lcJdic) s:ud af1cr the rJcc
···nae hill is tough and 11 nul.cs
}our lcg1 ured But. I sla)ed
\\-il h I.he pack I ~new \.\C \.\Cl1.
up ag:u.ns 1 Comfcr and Summn
foi th e fourth team sp<"I Ufl th
\lt C.lf green um fo nns ... o I ju\t
tm:d 10 catch guls i.11 green and
pass t.he m.'"
l·kmzerling was all snuks
at tcr the race She uotc<l each
girl has been \\Cari ng lhc fuzzy
1op of a fall Oov.cr 1.1.1 her shoe
for the racrs. She said C\'C l).
Ill 1: r I
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M~mbers of th:, Englewo od boys tea m exch:mge hl~h fl ·,e~ l'rte, the announceme nt tt t last wc ck'e: region"'"' th;! tb'!
Pi rates h ad fl nl!i hed fourth and q u'I.IUlcll ris a tc:un fo r lhl s ,,cek's sl:tte meet a t l(e nt De nver. Pho!O bJ '1
in 1!1c sh ... s fnr \tJlc ,•nJ ··
the f('.lSlJU "'e'\C clm1~ 'id ,~di
is the fo11 on tl1c 11•p.''
l11 ebo)sf.•t.: l .1 .. 1tml,1r
d1J.llc11ge a .. they ~ne,. 1hq
had to \\tn the baul e for l•)urth
to go 10 \l.ltC.
1\g:11n . 11 \\:is ,c1y do,c, l•u t
ll1c P 1rllts ~0 1 the spot by ju~t
niu e pomts E ,erg 1ecn ..... ts fit ,.,
\l.1l h -1 7 l"\..111115 , l' mfcr \' .:i~
second \\ 11.h 6 J points. t>.tullrn
\\:JS th ird \'1th 7 1, ant.I
EnglC\\('l(IJ c;ir1ncd f l111h .111,I ... r-1 'J• ,. 11!, 1,1, ,,~.
p!Jc...: t'cnt.1Uru\.
OJdl) c11oogh. I 11••k .,;Y,.J
pnb~!.1) \\Otild h,I\C It.• I •I
ll.1<;1 lt iu r 111<l1,1J~.1I :1ti.1l1f i., ..
h.11.I 1he 1ca111 Ill'' tJtn .. J a ~.11tt'
hcnh l .1..,~c 111111111.111 \l,J.\ ~1 ,th
l\llh ,, 17-4(), Nid.. <.i1b ,r,11 l111
1sl11:J Cl~hth V. llh ;1 17 15 \,
L wi lloffman was I 81h "1th
a 18:38 aud J.tl.c llcl lc ·"•a,
~8th ,.,.,1h a 19 Ju fo1.:v
t>.1 .tt.aluso \\ as J Oth \\ ilh l
2 1 UO. Ry · n rJ 10111scn fu •i(h1 I
J I\I \\Ith a 2 1.16 .,1ul l).11111 l
: 1•1 .. ,., ... ,,
•
wJ,ll;1, I " II I ·t11.·m1 ,.i:J
,1ltcr th .: r.n;-.. ·ft \l,J. .at• ·;1~h
r.it·e •,1111 .1 l...,t uf runr.tr\ .. ~ 1t
h.uJ I I'll .1 ~lih.C t•,11ly Uu1, I
pu,!it·J ,111 J \l il)l..'ll \\Hn lhl'
lcaJc111 1 ~ll·t\lo I ran J p.•,•.!
1:1t.c t,cl'.1U\C n'<1; the \\l11,1 I
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SPORTS
Boys finish 19th, girls finish 15th at s tat
8YTOMMUNDS
STAff WIUTER
The Piral.CS wrapped up the
cross country scasoo Salunlay al
the Oass 4A stale mcc:t a1 Kem
Denver.
There ale 63 Oass 4A sdlools
but ooly the cop 20 4A sdlools
qualified to canpc1e for the 5lalC
team lillc. In !be final tally r:I
team sans. the Pinlla pis~
Wied 15th aod 1he boys tam
19th.
"Ovcrall. WC bad a good day
when you amider die ca1i>er of
competition WC faced al Slal.C."
Bill Ambron. Pira&cs coach, said.
''lbcn: was DO lack of effort
Salllrday Bild 1he kids gave us
their best elfon. I am proud of
how each kid lllll and bow our
team hung in Ihm. blllliDg for
posilioo. UnfCl1Ulllldy, wc bid
SCIIIC poblam wilb iDjurica 111d
sidaies., that harqien,d our tam
pctf onnaooe."
In 1he girls division. Cori
Diekmeier again led the Pira&cs as
she finished 31 SI wilh a time of
21:01 .
Olivia Pmy-Smilil was 71 SI
wilh a lime of 22 : 11 and Anianna
Headley wu 75dl wilb a time of
22: 19. Abby Hcmzcrlil!& lllll a
22:31 IO liDish 84dl and Leah
Evans,~ by injuries, ran a
24:02 IO finiJb l 16cb. The Pinlt:s
bid two ada Clllrics and Jouclle
~ rm a 24:49 and Lacey
O:nhay ran a 27 :32.
"I'm proud r:l lhe girls as Ibey
ovaaime 1a11C poblaDs IO qual-
ify far 11a1e this year." Amlron
said. "We got df to a slow s!alt
and didn't have vr:ry many nm-
oen. It would have bem easy to
quit but Ibey kept pushing 1111d did
a good job. They tiave a scasoo
Ibey can be proud rl."
He DOied four rl die sevai
1111111m £ ICDOII IO be is
abaidy lodan& far dillailcc nm-
ncn far IIClll year's team.
"We lose four seniors and we
didn't have any freshman girls
lhis season so we'll looking for
some kids in school now :uKl
some incoming ninth grJders next
year 10 help us rebuild tlic teau ~ ..
lhe cooch said
The Pir.i&c boys r.u1 hard and
finished 19m as a team
Nick Gibsoo paced lhe f~ -.!!cs
as be finished 51st witl1 a time of
17:52 Luke Holzmwn. usuall y
lbc team's pace seucr. battled
lhrough severe stanach aamps to
finish thc race in 57th posilico
wilh a time of 18:02
Lewis Hoffman ran a 18:31 to
finish 69 and first-ye.tr rwmer
Jake Hcllc ran an 18:59 to fmish
llllh.
Ambroo had tine other
Pirarcs in thc race, Ryan
Thomsen. Joey Macaluso and
Dan Aid, who amplclcd the
IXJIIIIC bul be dido 't have places
ar limes far lhem.
It was a big race and a big
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fi eld. almost 17 S runner< i\ml•run
said tlic boys 1iceucd a g s I
in tl ic first mile bcc-.mse tl1e CU1 u-se
nanows 10 singl e file across U,e
Jam and it is c;1sy 10 get le fi
behind if a ,wuicr is d,..--ep in the
µick . He said his numcrs pushed
hard but were slo\\cd al tl ie <ilm.
"Tlie y uied hard and ga ,e it
their bes t efl on . But. the youngri
rutlll ers dido ' t mak e Ihm push
early to get up in tlie pa ck and u
cost them later in tl ic ract>." lie
said "Looking at tl1 e season as a
whole, we didn 't have a lot of
guys but th ose 011 the team r.in
hard for us and can be proud of
fmishing tltlrd at league aud turn -
ing in a great perfo nnancc a1
regiouals to fu1ish fOU1 th and 4ual-
if y for state."
Holzm.Ulll and Hoffman an:
saiicrs so Ani>rm will be looking
for his retwning lettermen to lake
the lead aiKl for new runners to fill
gaps in tlie roster next seasoo. he
said
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~i~OOJOOfID
Y!Ali
V£\IIH'rW
£TJHULl6fK~
AW£1IDJ
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This is to certify that
i£rwin ii off man •
has earned the Varsity ··E''
illronn illountry
for the year 2000-01
COACH
.tf.,,._~
ATHLETIC DIRECTOR
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SCHOOLS
Homecoming frenzy winds down , Pirates wh
BY T O\\ r,.,\ur,..m
)!\II WR II I I,
Like C liri,tma:-. homl.'et11n -
i ng coines hut once a ) t"ar and
homc<.:oming camC" to
Engk·\\ ood la,1 ,, ct·h. l-innging
\\ i1h i1 annual e, cn1 ... ih c-th e
P<'P r,,11 ). bon lire . TP .~1.,ch on
!h t' hnme ol foo1ball pl•) e" and
Uh: rotu:hmg :-.taff. a p: 1.u .. k· and
thl' h1g ga me.
All "eek. 1he ,chool "'"
lilled ,, ith activitir~ during cla,,
hour~ and afler sc hoo l. Dunng
sc hool. thrrc ,,ere ~pcci al dre,,-
up acth 11i c, and c.·a111pJ1gP, f p1
hrnnecl)nllng ro)alt). Alt~r
, hool. , uluntcl.'P" ~pent long
h(,ut, huildin g parn<k f.oa1>.
LeN is Hoffman pa inted his face blue and white as part of the senior class float fo r Friday s
Englewood High School homecoming parade . The senior class flo at won the f11st -place
honors for the parade . Pho o by To m Mund ~
It ,, a, one h1g n my,et1t1un
Thl' cl:t'\\e, ca rnl'U p li nt , f o r
their ac11, 1ti c.., ,,ith ,1ghh ,ct on
1he ,p,rit "''ard. A• Fm.la)·,
1-'ir.ltc) h~'' c a goo<l tc~1m and
o ne of th e h1ggl.'!<-l Clln.\d, 111
recen t h1,1nr) Iii led the maj,,ril )
r\ btg pan ul th t' t1dJ1t1 n n 1,
t nm 11111g th e ho11 k~tom1ng ~m g
and queen
,tlll!l!ld Iii\ l! 11, i. (l I, L 1111 ~ I I
f 1l\.d 1_. lill h1.·1.,.'lll .. 't1 lil II \I
\II IJ \..' .._ •l pl,,,• i.r .. \. Id
, I I th foo tball game. it -------------------
,, a-. ann o11m:i.:<l tli ~11
1he hank for th,
,.l\,,lrJ tx·1,,t.~~n th t:
,t1phl)l1l1 Ul'"' a1d
,l.'ll H>r, \\..I , t ilt'
l'lo,,·,t Ill l \\.t.'lll
~ 1..'.IP•. hut ,he li n.11
1.1 11) g.11., the
,t'lll(1h ).:!00 po11 •1,
.mJ t~L' J \\,lH.I
7 h.:rt· ,tl ,o \\ii'
t 111u..• compe t 1t11 ·11
·n hullJtng th e
l11Mh t,lr I ntl .1~ ,
IH1111L~(.i)ll)Jll g
p,11 .,tll' nw, ~l·,u .
11\t' l·ng l~\\O(Ki
I e.1,kr,l11p
\c.11.krn~ '"'' l1t1 h
till' IJL',h ffh.'11
l uu 11h . the 1u 11 1111 ,
ll11 1J . tht: ,,i pho
ll 1UJL'' ,n onJ .i nJ
Class ring fowd after
40 years
Thi~ s ummer, Shirley
(;\l an nJ Manin got her
Ieng lewood High SChoo l
<'la ~, ring back aft<r it had
ht't..'.n missi ng for foJr
d ecades.
The ,tory begins in Jul y
\\ hen co nstruc,ion crews
"ae remodeli ng a number nf
il re," in the high school.
"One of the projects "' a,
\\ork in Room 11 9 tha,
included teanng oat all th e
hullt -,n ca binets in what has
hec n thtd :1< the ,cience
rnom fo, the las t few years ."
Jnhnn) Luj an. EH custod1 -
.m. ,.ud. "\\'e "em ,n to
dc,rn up 1hc debris . A, I wa,
doing that. I saw somelhing
shin y and it turn ed ou t 10 be
a 1961 Englewood High
School girrs class ring ...
He said he went tu th e
library. got the ·6 1 annual
and tried to match up the ini -
tials inside th e rin g with th e
name of one of ti e gradu -
ates. The only initial < that
m111ched belon ged to Shirley
Manin .
"We had no idea "here
she wa s or how to contact
her:· Lujan Slltd . "We were
talking ahout it in th e s,·hool
office and one of the sccre-
Ullie s, Susan Repair. said
Shirley was her next door
neighbor. I asl..ed her to
return the ring to her."
Mann ~aid she couldn '1
believe it whe n Repair gaw
he r the lon g-lo,t 11 ng
··1 Jo...,t ll during l1 H1 ~111~
d:.t"!I , in 19."9 . Ill) ,uph nnllH ~
)l·~r :· 1:tnn ,a,J "\\r.= h.u.l 1n
take ,,ff"'" 1r 1.«•l1) ;inJ I put
the nni; o n tile ,hell \\ h,·11
d~L'-" ,,a, ,ne1 . 11 \\,1, ~\lilt.'
\\'e th ought mJ~ tx· 11 ,, \.'.11 1
d,mn th e dr.1111 hu t th, t ~,,
11 Jpan an J 11 11.1,11 ·1 ti ,_. I
th ought I I \\,1' ~H ill'. I PI
)!<Kid .''
~h e ,aid th e 11ng \\.1,
quite a home u1111 ng g1 11
··our c.:IJ,1,, 1, h ,t\ rn g ,, ....
4{lth rt·uni on neAt ) e:11 ,,nJ
rm un tfii: cc,mm illt.'l'.°' ,hi:
,aid . "l.'11 ha1.c ,1u11 e .1 '"")
tu trll all 111) c la "llJ lr,."
7,,n, ,\1 11 11 ,/\ \',11/
\\ "'"
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P1 I ,111. 1 11,
p11t1 l 1p .l
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l,l Ill\
( l•.1 p111 . .i t
h .i:JIL· 1'11 11 11 ?..'
lj lll 'l'll ,llh.1 Ji ,llll
H u .. h ,h horni.:
U ll lll ll !.! hill~
lh,: , .. ,1h.1ll
lt..'.tlll did lh p .111
lh:, \h\1 'llll'
'I'-~ ,.,I hi.,. h .11,I
k..'.hl l •lt1 ,: ll !U
1 )1111 1._,4.'l \t.i.l
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111d pl.,. 111 1 .nl
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t hL· ,1..·1111 11, ltkl ~ 11 1p h,111,1 1, n l tl.t..• \,l .mt ,1..-.11, 111 th ..: hkJrh · P..:,,pk· ,hl1lJ .m d Lill't:1t:d t.Jk• JiU.l fl' t 11& h11 1 ~ 11 lj fh ,I
C )1 1t ·, I th1.. h1~~L·,1 1.'\l'l\h" c 1, on th1.. h11mc ,1d c n f till' dunn~ h.t1111111 l' o l il ll' ~.ll llL.' ,1 I upln• 111 1111'1.: I 11 1 1' _I \J 10
1h ""'t b.111 ~-1 11 1l' 1111 C,11 t h l' 11l'ld th e 1111 ..: 111 L'ilfl \L'lllhk·, r1 1l kd
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Englewood Schools
ASle pAheod
October 31 , 2000
Lewis Hoffman
4920 S . Inca Dr.
Englewood, CO 80110
Dear Lewis :
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STE PHEN WHITE . Ed .D.
Suoerlntendenl of Schools
I enjoyed seeing the pi cture of you in the October 27 is s ue of The En2lewood Herald . It
looks like you were ha,·mg a great time and it's nice that your Senior c la ss float won fir st
place .
Thank you for your contriba1i o ns to Englewood High School. You have my be st wishes
for a successful Senior year and beyond.
Sincerely ,
SW:dl
Roscoe L. Dov, son Adminis tratio n Bu1ld 1ng • 41 01 S. B nnack Str eet • Engle w ood . C o lorado 80110
Tolephono. 303-761 -7050 • Fax 303-BQ6.2064 • E-ma,1· s1ophen _w h1te@ceo c udenvereau
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----CHAMBER OF COMMERCE
CERTIFICATE OF ACHIEVEMENT
on behalf of th e
BUSINESS EDUCATION COMMITTEE
Recognizes
Lewis Hoff1nan
for being an outstanding contributor to his school and community.
Business Education Committee Chairman Oat~
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Lewis Hoffman
Englewood High School
Lewis Hoffman is an excellent candidate for this award . He is a student who
demonstrates all the qualities that characterize a scholar and an athlete.
Lewis' work ethic is exemplary. He will ask questions , study independentl y ,
and work long hours to learn what he doesn't know . When he transferred
into my regular English class from Florida as a sophomore, I encouraged
him to enroll in Honors English 3, and he came in extra hours after class
time for tutoring in order to fill in the gaps so that he would be prepared for
Honors English. As a sports writer for the Pirateer , he has worked lon g
hours to produce quality work and willingly helps others also. He is
thoughtful , empathetic, and compassionate. These are all remarkable given
the circumstances of his family life. It would have been easy for Lewi s to
use his family life as an excuse for not succeeding, but he hasn't. In stead he
works as hard as he can to achieve . He told me once that he took up eras
country because of the challenge . Running does not come easily to him but
through hard work and perseverance , he has become a state qualifier. As a
student government representative , he is one of tho se who does more than
his fair share. Students respect him greatly for this , and other students have
told me that he truly cares about the school and wants to promote it any way
he can . I feel Lewis is truly very deserving of this honor.
Sheila Jones
3501 South Broadway • Englewood. Colorado 80110 • (303) 789-4473 • Fax (303) 789-0098
www.greatenglewoodchamber.com • e-mail : englewoodchamberOmho .net
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Student Sponsors .
Arapahoe Community College • Ben Harris .
Community Development
City of Englewood
I
. Colonial Bank .
Community First National Bank
CHAMBER OF COMMERCE
.
Englewood Education Foundation .
Englewood Herald .
Fanners Insurance Group -Craig Shaddy • Glass Warehouse
Business Education
• Hair Station
• Hurley Mortgage
• Liberty Savings Bank
Student Recognition
.
Sir Speedy Printing (So. Broadway) • Tonda's Tan and Travel
Luncheon Photographer
March 15, 2001
.
Rich Carlson -Advanced Photography •
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Program .
Susan Amos -Paramedical Aesthetician
Skin Care Specialist •
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Student Recognition 2001
The annual Student Recognition Luncheon is held to honor j
contributions made to the school and community by students in
the Englewood Area. This year we are paying tribute to one student
from each school.
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Honorees for 2001
Kayla Rodriguez
Bishop Elementary, 4th grade
Carmela Islas
Cherrelyn Elementary, 5th grade
Kelly Powers
Clayton Elementary, 5th grade
Scott Fouss
Hay Elementary, 5th grade
Kevin Vaughn
Maddox Elementary, 5th grade
.Jocelyn Leis
Englewood Leadership Academy
Ellie Kaufman
St. Louis Catholic School, 7th grade
Mahria Hyder
Flood Middle School, 8th grade
Justin Searcy
Sinclair Middle School, 8th grade
Evelia Flores
Colorado's Finest Alternative High School, Night student
Ellie Papastergiou
Colorado's Finest Alternative High School, Day student
Lewis Hoffman
Student Recognition Luncheon
March 15,2001
11 :30 Registration and seating
11 :40 Welcome
Diane Gartner, Co Chair
Margaret McDem1ott , Co Chair
11 :45 Speake r
Lannie Garrett, Performer
12:10 Lunch
12:30 Award Ceremony
1:00
Larry Nisbet, Englewood Schools
Flo Hurley, Hurley Mortgage
Committee Chair
Conclusion
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.Yfrmmr,,.,, !I .o/lr;r, ul o/, r-/d,ci.)<J u ·
United States Senators
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United States Representatives
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Lewis Hoffman
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Natalie Pramenko
Englewood High Sc hool
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NATIONAL STUDENT LEADERSHIP CoNFERENCE
Office Of Admissions
l'.O . Box 811086
llo.-a Raton , FL H4H I
Office Of Academic Deydupmcm
441U Massachusetts Ave . NW PMHI I J9
\Vashingt,m , DC 20016
·1o11 !'rec: 800-994-NSLC (6752)
(561) 362 -8585 • Fax : (561) 362-8383
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NATIONAL STUDENT LEADERSHIP CONFERENCE
NSLC
2001
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Certificate of Appreciation
LEWIS HOFFMAN
This certificate is gratefully presented to you for your
attendance as a Boys State Delegate
held in Pueblo, CO during the week of June 11 , 2000 .
Presented by Englewood America n Leg ion Post #27
0 11 Decembe r 19. 2000.
Harry Fleenor
Commander
'.',.;,''
Earl Reimers
Adjutant
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DEPARTMENT OF COLORADO
Colorado B oy 1s State
This is to Certify That
l.el·1 i s fbffmln of Tu cke r
has completed satisfactorily his course of training in
Citizenship and Government
and is therefore entitled to this diploma
Boy 's State Chainnan Boy 's State Director c(Jv~ v a__e\, ".".:'.:3
Boy 's State Counselor
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April 9, 2001
City Council Members
City of Englewood , Colorado
Re : Permit Parking
Dear Council Members:
We, the undersigned residents of Englewood, Colorado petition the City
Council to approve our petition for permit parking on Fox, S . Galapago,
Huron between Floyd & Eastman, including the two (2) residences that
front on Eastman. Our petition with signatures is attached.
Our streets have become overflow parking for the use of light rail
users, particularly when there is a downtown Denver function.
In light of the previous parking problem on opening day of the baseball
season and anticipating a huge parking problem due to under
estimating the number of parking spaces allocated for the apartment
project currently under construction at City Center, we ask for a speedy
approval of this petition.
Respectfully submitted,
tltvk~},~
Barbara J. Hodge (B.J.)
3271 S. Galapago
Englewood, Colorado 80110
Bus -303-765-1528
Res -303-781-6354
Attachment -petition
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PETITION FOR PERMIT PARKING ONLY FOR RESIDENCES ON S. GALAPAGO
BETWEEN FLOYD ST. & EASTMAN, ENGLEWOOD, COLORADO
No Date Name Address Phone
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PETITION FOR PERMIT PARKING ONLY FOR RESIDENCES ON ~T.
BETWEEN FLOYD ST. & EASTMAN, ENGLEWOOD, COLORAD'~ ff (,
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PETITION FOR PERMIT PARKING ONLY FOR RESIDENCES ON tmf9N ST.
0 BElWEEN FLOYD ST. & EASTMAN, ENGLEWOOD, COLORAD~
/3.
Date Name I Address I '°P6one
~ f o I -:i "t l r h't1 t i <--..,2 -3 cJ.!-7 5 fl 1.,1 re' u/ I ~-17-5 3]8
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PETITION FOR PERMIT PARKING ONLY FOR RESIDENCES ON FOX ST.
BETWEEN FLOYD ST. & EASTMAN, ENGLEWOOD, COLORADO
No Date Name Address Phone
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PETITION FOR PERMIT PARKING ONLY FOR RESIDENCES ON EASTMAN,
ENGLEWOOD,COLORADO
Date Name Address Phone
A~d t:,iu P/Jdi:; L.ure~o 1JtJ:, 5u, /=ff.<. JtYi-£.SI
·II 7 /oi J.A/UE~ tt. lA.:'.:.J\i4f ,e... 5?5 w . c:-+tSc7t-~N Ac.....E"'"" 73d-~55
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C T y 0 F
COMMUNITY
LEWOOD
DEVELOPMENT
April 6, 200 1
The Honorable Thomas I. Burns
Ma or, Citv of Englewood
Members of the Englewood City Council
1 000 Englewood Parkwa y
Englewood, Colorado 8011 0
Dear Ma or Burn and Members of the City Council:
Mr. Carl Welker, as Chairman of the Planning and Zoning Commission, wro te a letter to
you dated April 3, 2001 regarding the attendance re cord of Mr. Douglas Rininger, a mem-
ber of the Ci ty Planning and Zoning Commi ss ion . Since July of 2000, Mr. Rininger ha_ at -
tended one meeting, and mis ed nine meetings ; he ha attended none year -to-da te 200 1.
The Planning Comm1s 1011 i iacing a work pt og ram that requires diligent stud and delib-
eration b the full complement of our member . Chronic ab ence of a Commissioner is
detrimental to the consideration and resolution of issues before the Commission . Th e
Commissio n, and staff, is desirous of a membership that is dedi ated to the interest of the
City, and will make an effort to devote the time and attention required to address the work
program for this board .
rhe Co mm1,,1011 is ask i ng that the tl\ o un ti determine that \r. R111111ger 1, unJble to
serve on the Commission , and that a \ a an be declared . The Commission further re -
que,ts that Cit y Council appoint the cl ,igna ted 11lernJt . Patri c iJ Muell er, to thi , \ J c.111( y
at the earliest possible date.
Thank you for your consideration of this request.
Sincerely,
Robert Simpson, · ector
Community Development Department
1000 Englewood Parkway Englewood . Colorado 80110 PHO E 303 -7 62 -~342 FAX 303 -iBJ-68 9 5
'""'"' Cl c 11~IC\\O()d lO m,
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Aptl I .:l. <!UU l
tng1ewood Citv Counci l
l VVO tng lewood Parkwav
tnglewood. Colorado ~UllV
Me: P la nning and lon ing Commission
Membership or Uo uglas Wininger
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un oehalr or the co mmission. I am writin g to address a me mbershi p issue
regaro1ng tne continued absence or Mr. w1n1nger rrom t he ~1anning and :oni ng
Comm1ss1on. At our meetings. we nave d1scussea tn1s several times. and we na ve
also talked witr, starr. uve r the past six montns. ne nas m1;;s,.o a l mos t a ll or
our meetings.
Although I have tried to reacn him severa l times. our 1ast rea l con ve r sation
was at tne end or Janua rv . rh ere nave oeen severa l cnanges 1n nis situation.
out at tnat time. he 1na1 cat ed that he was still l1v 1ng 1n tngtew ooo a nd tha
he was st1 t l interested 1n serving on the Comm1ss1 on . Howe ve r . he Old not
attend e1tner or our suosequent meetings in t-eb r uar •. a nd we r,av e no met since
th,rn in March. l tried to re acn him this morning. as did Ger tru d e e t ;. but
we were on1y able to leav e a message on n1s answering ser vic e.
we are rorward1n, 1t now to you tor resolution. r ecogn 1=in~ tnat thi s matter is
ul t1mate1 y between yo u 1c 1ty co unc1 I J ana him. When Uou ~ was 1n a tt enda nce. ne
seemed preparea. ano n1s part1c1pat1on was valuable . t n ract. he served as
v1 ce-Cha1r ror the past two years. uverr1d1ng this 1s our concern t or the
cont1nu1ng v1ab1l1ty and runct1on or the Comm1ss1on. we a t I ser ve 1n gooo
ra1tn. and nave made a commitment to tne c it v ano o th er Com m1ss1on memb~rs 1n
assuming this position.
At tn1s point. I w1 11 maKe one more attempt to con ta ct h1,u w1 th the inte nt o r
ga 1n1ng his resignation. out as my term as ~hair 1s ena1ng. ru r ther acti on w1
need to be taken bY others .
c ar t Welker. c hairman
~tanning and ion1ng Comm1ss 1on
xc: Uou~ ~1n1nger
lr1c1a L.ang o n
G«rtrud,. \ile l LY
u 1rec tor ~1mp son
Assistant L lt Y Attorney We1d
~lt Y Mana ~er ~9ars
~~~ c omm1ss1on memoers
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PC2000
l HAVDUK_
PLA-G AN!?_ Z~ COIIMl~S!2N ATTENDANCE -_?000
04/04/2000
0411812000 X
05/02/2000 X
05/1612000 X
06/06/2000
06/20/2000 -
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08/22/2000 --X -
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09119/2000 -----
10/03/2000
10/17/2000
11107/2000
11 /2 1/2000
12/05/2~
12/19/2000
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01/09/2001
0 1/23/2001
02/06/2001
02/21/2001
03i66/2oo1 I
03/20/2001
04/03/2001
04 /17/2001
05/08/2001 '
05/22/200 1
06/05/2001
06/19/2001
07/03/2001
07/17/2001
08/0 7/2001
08/21/2001
09/05/2001
09/18/2001
10/02/2001~
10/16/2001
11 /06/2001
11/20/2001
12/04/2001
12/18/2001
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PLANNING AND ZONING COMMISSION ATTENDANCE ·· 2001
Lathram
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Re m_pel Rininger Stockwell Waggoner Weber Welker
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RESOLUTION N0.:.4
SERIES OF 2001
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A RESOLUTION APPOINTING PATRICIA MUELLER TO THE PLANNING AND
ZONING COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO.
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WHEREAS, there is a vacancy on the Englewood Planning and Zoning Commission: and
WHEREAS, Patricia Mueller has applied to serve as a member of the Englewood
Planning and Zoning Commission ; and
WHEREAS , Patricia Mueller was previously named as an alternate to the Englewood
Planning and Zoning Commission ; and
WHEREAS , the Englewood City Council desires to appoint Patricia Mueller to the
Englewood Planning and Zoning Commission ;
NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNC IL OF THE CITY OF
ENGLEWOOD , COLORADO, THAT:
~-Patricia Mueller is hereby appointed to the Englewood Planning and Zoning
Commisaion . Patricia Mueller's term will be effective unmediately and shall expire February
1, 2004 .
ADOPTED AND APPROVED this 16th of April , 2001.
Thom as J . Burns. ;\,layor
ATTEST :
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis , City Clerk for the City of Englewood , Colorado , hereby ce rtify the
above is a true copy of Resolution No .~ Series of 2001.
Loucrishia A. Ellis
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PROCLAMATIO N
WHEREAS, the Amyotrophic Lateral Sclerosis ( • .\LS) Association is the
only national not-for-profit voluntary health organization dedicated solely to
the fight against amyotrophic lateral sclerosis, commonly calle d "Lou Gehrig's
Disease"; and
WHEREAS . the Rocky Mountain Chapter of the . ..\LS Association was
chartered on February 1, 1996; and
WHEREAS . the mission of the ALS Assoc iation Rock y Mountain Chapte r
is to provide patient and caregiver support. information and education for
healthcare professionals and the general public . advocacy for ALS r esea r ch
and health care concerns, and to s upport re sea r ch for the di sco very of t he
cause of and cure for ALS ; and
WHEREAS , nationwide, the month of May is de s ignate d a s ALS
Awareness Month ;
NOW THEREFORE, I. Thomas J. Burns . :\layo r of the City of En glewood.
Colorado , hereby proclaim May, 2001 a s:
ALSAWARENESSMONTH
in the City of Englewood , Colorado .
GIVEN under my hand and seal this 16th day of April, 2001.
Thomas J . Burns, Mayor
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ORDINANCE NO ._
SERIES OF 2001
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BY A "THORITY
ABILL FOR
COUNCIL BILL NO . 17
INTRODU CED BY COU. CIL
MEMBER ______ _
AN ORDINANCE AMENDING TITLE 3. CHAPTER 4, SECTION 3 AND ADDING .-\
NEW SECTION 18, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINl!':G
TO THE CITY OF ENGLEWOOD NONEMERGENCY EMPLOYEES RETIREME~T
PLAN.
WHEREAS, currently the non-emergency employees are required to be enroll ed 111 a
defined benefit pension plan which provides a monthly retirement pay me nt based on
final average earnings and years of service ; and
WHEREAS , as the workforce has become increasingly mobile . mor e e mp loyees
expect their pension benefits to be portable as well ; and
WHEREAS , for this reason , the Non-Emergency Pension Board co ns ide r ed a nd
approved adding an optional defined contribution pensi on be ne fit to the Pl a n : a nd
WHEREAS , this benefit does not guarantee a fixed pens ion be nefi t . onl y the
amount contributed by the City and employee is fixed ; and
WHEREAS the benefit amount at retirement is a fun ction of tim e and investm e n t
performance , allowin g employees this option i s a need ed re cruitme nt too l;
WHEREAS , the Englewood Non-Emergency Pen sion Boa rd voted to approve the
proposed changes to the Plan: and
WHEREAS , the approval of this Ordinance will all ow :-.i on -Em erg e ncy Employees
the choice of the defined benefit pension plan or the de fin ed co ntributio n pe ns ion plan:
NOW , THEREFORE. BE IT ORDAJNED BY THE CITY CO N CIL OF THE C ITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS :
Sectjon l. The City Council of the City of Englewood , Co lorad o hereby a me nd s
Title 3, Chapter 4, Section 3, Subsection 2. of the Engl ewoo d Municipa l Code :WOO ,
to read as follows:
3-+-3-2: Employees Hired After January 1, 1970.
For each Employee hired after January l , 1970, a nd prior to Mav 21 2001,
membership in the Plan shall be a condition of employment and each Employee
shall be come a Member on the date of employment. Such Employee sha ll be
required to complete the form of membership agree me nt at the tim e of e mploym e nt
~ or appointment, except as follows :
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COUNCIL COMMUNICATION
Date Agenda Item Subject
Bill for an o rdinance makin g
Ap ril 16, 2001 10 a i chan ges to the City of
Englewood 's Non-Emergency
Pens io n Plan
Initiated By I Staff Source
D eoartment of Finance and Administrative Serv ic es Frank Gryglewicz, Direc to r
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The Non-Emergen cy Pensi on Board discussed and passed a moti on to recommend t he Cit Co un c il ad o p t
changes to the Plan .
RECOMMENDED ACTION
Th e Non-Emergency Pensio n Board recommends City Co un ci l approve this bil l fo r an o rdinan e makin g
c hanges to th e Pl an that all ow optio nal pension benefits.
BACKGROUND INFORMATION
Currently, non-eme rgency employees are required to be enrolled in a defined benefit pensi o n plan . This
benefit provides a monthly retirement payment based o n final average earnings and ye ars of service. As
the workforce has become increasing! m obi le , m o re and more employees expec t their pension benefits to
be p o rtable as well. For this reas on, th e o n-Emergenc Pensi on Boa rd co nsider ed, and app rove d adding
an opti onal defined con tributi o n pension benefit to th e Pl an. This benefi t does no t gua rante e a fixed
pension benefit, o nl y th e amount con tributed b y the City and empl oyee is fixed. The ben efi t amount at
retirement is a fun c ti o n of tim e and in estment performance. Allowing employee s this op ti on is a n eeded
rec ruitment tool.
Th e o n-Em erge n cy Pension Board vot ed to approv e the proposed changes to th e Pl an .
FINANCIAL IMPACT
Curren tl y, th e Ci ty provides a co ntribution of five percent of an empl oyee's pa y to d efined ben efi t plan .
This amount can increase if actuarial st udies indicate funding is inadequate . If an employee o pts for th e
defined co ntributi o n plan , the City would contribute seven percent and the employee wo uld con tribute
three perce nt (sa m e as Managers, Supervisors, and Confidentia l Employees Plan ). Th ese co ntributi on
perce nta ges are fixed.
LIST OF ATTACHMENTS
Proposed bill for an ordinance
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A. The City Council may, by ordinance, establish optional pension or
d e fe rre d co mpensation plans for Exe mpt Employees . Up on
establi s hme nt of any s u ch optional plan(s), an Exe mpt Employee
ffltl.' tit ms ha s the option ~ elect to co me within the provision s of
s uch plan; prov ided, h owever, that a n Exempt Empl oyee m ay n ot
concurrently be a Me mber of more than one retirem e nt plan to whi ch
the City is making contributions on his or her be half during h1 or he r
e mployment by the City. In the event tha t any said Ex e mpt
Employee of the City, who is presently a Me mber of the Pl a n , e le ct s
to come within the provis ions of any other r e tire ment plan
established by the City Council and funde d all or in part by the City ,
he shall have the option to become a Vested 1\l e mber of the Plan
(regardless of whether or not h e has completed five (5) years of
Credited Se n,,ce) or t o withdra w from the Plan the amo unt calc ulate d
under Section 3-1-10-2 h e reof. For each Exem pt Empl ove e hire d on
or a fte r Janua rv l 1988. m e mbe r s hip in the m on e v purchas plan
s hall be a co nditio n of e mploym e nt.
8. E.1el'llpt Smple, eee ef the Cit, "ht1 tire Membera ef the l'li:ll'l .;hll ll ,
.. 1thil'l ei,i (6) mel'lthe &,em the tl'letitttti61'l ef 81'1' 6fl tl 6Ml pl!rnte l b.,
the Cit, Cettl'lei-1, eleet nhether er l'l6t t6 beet1n1e 1:1 me ,111,e r oft1l'l."
ept:1e,u1l pl1111(s ). Sai!I eleeuen te beee111e a me1l'lbe1 ef tl.e !'le" fllttl'l
er te re11111rn ft Hember ef the Plttl'I ah till be ir,e, eettble .
C . ~. ~ An EmployeE!1' who ffl9" beco m e f,i an Ex e mpt Employe ~ by
promotion or appointment or othe rwis e, s h a ll h a \'e s ixty (60) da~·s
fr om the e ffective date of their appointment m s aid Ex e mpt pos,uon
1ft dunng wluch t o e lect either t o rem a in 111 thi~ Pl a n o r t o become a
me mbe r of M!e-ffl' any 6tftet'-Opti onal pla n . The e lec ti on t o beco me a
me mbe r of another plan s hall be irrevocab le e xcep t a . prov1d d 111
Sect10n 3-4-18-2 . In the event that a Me mber e lects t o con ve rt hi s or
h e r membership to the Citv of Englewood Nonemergencv Emplov ees
Money Purchase Plan <Money Purchase Plan}, a determinab~
a m ount shall be transferred in accordance with Section 3-4-18-3 .
I}~. City Council-httlt previously des ignate d the Inte rnati onal City
Management Association Re tirement Corporation De fe rred
Co mpe nsation Plan ("(CMA -RC Pl a n") which is establi s he d under
e Section 457 of the Code as an optional plan t o whi ch the City wo uld
make contributions on beha lf of Exe mpt Employees who e lec t this
option.
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E Q. City Council-httltpreviouslv establis hed ll the mt1l'lt1gerit1l,
sttpe!'Yi86r, er eertfi!le11tit1l ECl\lA RC Mel'le, Pltt'ehttee Plttl'I money
purchase plan for managerial. supervisory or confidential employees
effective January l, 1988, as 81'1 eptit111t1l ll plan to which the City
a nd the e mployees s hall make co ntribution s on be half of a ny Ex e mpt
Employee who~ -thttt fil!ch Plan . Effective Ma y
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21. 2001 . s uch plan is r enamed the C'itv of Engle wo od Noneme rg e ncv
Emplovees Mon ev Purchase Plan.
Effective Julv 30 2001. a Member of this Pl a n who is :
J. An Active Emplovee including ij n Emplovee curren t.Iv rec eiving
benefits unde r the Citv·s Long-Te rm Di sa bilitv Contract or
~-A Vested Member
s hall have the option t o e lect in acco rdance with Section 3--1-1 8 -1.
~hether or not to beco me a me mbe r of the Citv of Englewood
Nonemergencv Emplovees i\'lon e v Purchase Plan {"Mo ney Purchase
Pla n""}.
A Non-Exempt Emplovee hired on or aft.e r l\l a v 21 2001. s hall
im me dia t elv upon e mplovm e nt elect to participate in either
this Plan or the Monev Purchase Pl a n. Said e lection s hall be
irrevocable exce pt as provi ded in Section 3 -4-1 8-2 .
Sectjon 2. The City Cou n cil of the City of Englewood . Co lor a do hereby amends
Title 3 . Ch apter 4 . by the addition of a new Section 18. of the Englewoo d i\lunicipal
Code 2000 . to read as follow s:
3-4-18: Money Purchase Plan Choice and Trans fe r of Funds:
3-4-18-1: Conversion Option for Members Described in Section 3-4-3-2E :
Each active Employee who is a Member including a ny E mplovee cnrrentlv rece iving
be ne fits under the Cir.v ·s Long-Term Di sabilitv Contr act a nd each Vested Member
ha ll have the o ption of conve rting from me mb e r s hip in this Pl a n to memb e r s hip in
t he Mo nev Purchase Pl a n . The application t o co nve r t mu st be made in writi nK....Q.Q..Qr
befo re Julv 15 . 2001. Furthermore t.h e Member mus t co mpl ete the wa iv e r a nd
re lease documents as s peci fi ed jn Section 3 -4-18-2
3 -8-2: Waiver and Release Requirement:
Each e hg1bl e Me mber unde r Section 3-4-3-2B or 3-4 -1 8-1 who wi s he s t o exe r cise the
option of co nve rting member s hip to the Money Purch ase Plan mu s t sign a waiver
a nd re lease within the tjme fram es specified by the Board a nd in a form acce ptabl e
to the Board . waiving a ll rights to a d efi ned benefit pension fr om this Pl an and
re leasing the City a nd Board from any Ji a bilitv to the Member a nd/or hi s or her
Bene fi ciaries for s uch a de fin e d benefit pension or a nv claim based on the conver. 1 !1
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t o the Monev Purchase Plan. Said electwn shall be irrevocable unless t.he Emplovee
changes status from an Exempt Emplovee to a Non-Exempt Emplovee. in which case
s uch Emplovee mav elect withjn six ty (60) days of the change in status to again
become a Member of this Plan. In the event a n Empl owe r e joins this Plan due to a
ch a nge in status after fiv e (5) years from the transfe r date Cred ited S rvi ce shall not
be restor ed for such Emplovee and s uch Emplovee s hall n ot be vested until he or she
earns five (5) vears of Credited Service subseq uent t.o hi s r h r ntr , into thi s
Plan.
3-4-18-3: Transfer of Funds:
Each e ligible Member under Section 3-4-3-2B or 3--1-1 8 -1 who chooses to e xercise the
o ption to convert hl s or her membership to the :'ll oncv Purch::i~ Pl ::in • hall h::i,·e a
determinable amount transferred to the Monev Purcha se Pl a n . The a mount
!ransferred on behalf of each such Member is the a ctuarial equivalent prese nt value
(which shall include an adjustment if the Member qualifies fo r Special Ea rl v
Retirement or Regular Early Retirement as of the date the J\il embe r cha nges s tatus
for a Member described in Section 3-4-3-28 and is July 30. 2001. fo r a :\-!ember
described in Section 3-4-18-ll as of the date of transfe r of the Member's Accrued
Be nefit. Fo r purposes of this Section 3-4-18-3 the term "actuarial eq uiva le nt
pre e nt value" s hall be based on an interest rate assumption of 7 .5% and the
mortality assumption of a unisex rate that is fiftv percent (50%) ma le. fiftv perce nt
(5 0 %) female. taken from the 1983 Group Annuitv Mortalitv T ab le. The date of
transfer of the Member's Accrued Benefit s hall be as soo n as practicable after the
election date for a Member described in Section 3-4-3-2B and August 3 1 2001 o r ::iB
soon as practicable thereafter. for a Member described in Section 3-6 -l 8-l.
Section 3. Safety Clauses The City Council , hereby finds , determines , and
declares that this Ordinance is promulgated under the general police power of th e
City of Englewood , that it is promulgated for the health. safety, and welfare of the
public, and that thls Ordinance is necessa r y for the preservation of health and safety
and for the protection of public co nveni ence and welfare. The City Cou ncil ftU·th e r
determines that the Ordinance bear s a rational r elation to the prope r legis lative
object sought to be obtained .
Section 4. Severabj)ity If any clause , se nte nce . paragraph, or part of thi s
Ordinance or the application thereof to any pe r o n or circumstances s h a ll for any
reason be adjudged by a court of competent jurisdiction invalid , s uch judgment s h a ll
not affect, impair or invalidate the remainder of thi s Ordinance or its appljcation to
other persons or circumstances.
Section 5 Inconsistent Ordinances All othe r Ordinances or portions thereof
inconsistent or conflicting with thls Ordinance or any portion hereof are h ereby
repealed to the extent of such inconsistency or conflict.
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Section 6 . Effect of repeal or modjfication The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not releas e ,
extinguish, alter, modify , or change in whole or in part any penalty, forfeiture , or
liability, either civil or criminal, which shall have been incurred under such provision ,
and each provision shall be treated and held as still remaining in force for the
purposes of sustairung any and all proper actions, suits, proceedings. and
prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for
the purpose of sustaining any judgment, decree, or order which can or may b e
rendered, entered, or made in such actions, suits, proceedings, or prosecutions .
Sectjon 7. fenlilix. The Penalty Provision ofE.M.C. Section 1-4-1 shall apply to
each and every violation of this Ordinance.
Introduced. read in full, and passed on first reading on the 16th day of April. 2001.
Published as a Bill for an Ord.inance on the 20th day of April, 2001.
Thomas J. Burns. Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I. Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify
that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read
in full, and passed on first reading on the 16th day of April , 2001.
Loucrishia A. Ellis
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ORDINANCE NO ._
SERIES OF 2001
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 18
INTROD CED BY CO U NCIL
ME:\'1BER ______ _
AN ORDINANCE APPROVING AND AUTHORIZING THE EXEC UTION OF
INTERGOVERNMENTAL SUBGRA.t\lTEE AGREEMENTS FOR THE YEAR 2001
ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRA:-.!T PROGRA.tvl
BETWEEN THE ARAPAHOE BOARD OF COUNTY COl\fMISSIONERS AND THE
CITY OF ENGLEWOOD .
'WHEREAS , the City Council approved the ex ec ution of a n Intergove rnm e nta l
Agreement between the City of Englewood and Arapa hoe Co unty by passa ge of
Ordinance :-Jo. 39, Series of 1994 covering the City's p a m cipa n on in the . .\rapa h oe
Co unty C.D.B.G. Entitlement Program as extended by Ame ndm ent :,.l o. 2, fo r funding
ye ars 2001 through 2003 : and
WHEREAS , the Englewood City Council passed Re so lution :-J o. 95, Se ri es of 2000 .
s upporting Housing and Community Development tha t authorized s ubmitting a n
appl.tcation for 2001 CDBG funding ; and
WHEREAS , the project by the City of Englewood known as th e ··Hou in g
Rehabilitation Project" has been categorized a s a r e habilitation activity : a nd
WHEREAS , the project by the City of Englewood known as the "Englewood Hous in g
Authority'o Family Self Sufficiency Program " ha bee n ca tego rize d a a public se r vice
activity ; and
WHEREAS, the project by the City known as the ··Eng le wood Hous ing Authority's
Homeless Prevention Program" has bee n categorized as a Publ.t c Se rvi ces proiect; a nd
WHEREAS, the project by the City known as the "Hou se of Hope Staffing Proj ec t"
has been categorized as a Public S e rvice s Proiect ; a nd
WHEREAS, the City of Englewood may procee d to incur costs for these proj ects as
of June 1, 2001 , unless such acceptance is made contingent under Section II-F., La bor
Standards, or Section 11-G ., Environmental Review s, as contained in the Subgrantee
Agreements , and subject to the City of Englewood receiving an official "Notice to
Proceed" from Arapahoe County ;
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD. COLORADO . THAT:
Section l. The Subgrantee Agreements for the 2001 Arapahoe County Community
Development Block Grant Program are attached hereto as Exhibit A.
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Sectjon 2. The Subgrantee Agreements for the 2001 Arapahoe County Community
Development Block Grant Program are hereby accepted and approved by the
Englewood City Council and the Mayor is authorized to execute and the City Clerk to
attest and seal the Agreements for and on behalf of the City of Englewood .
Sectjon 3. The City Manager shall be authorized to further extend the Subgrantee
Agreements for the 2001 Arapahoe County Community Development Block Grant
Program as needed .
Introduced, read in full, and passed on first reading on the I6'h day of April , 200 l.
Published as a Bill for an Ordinance on the 20th day of April, 2001.
Thomas J . Burns, Mayor
A'ITEST:
Loucrishia A. Ellis, City Clerk
I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify
that the above and foregoing 1s a true copy of a Bill for an Ordinance, introduced , read
in full. and passed on first reading on the 16th day of April, 2001.
Loucrishia A. Ellis
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SUBGRA."lTEE AGREE)lE~T FOR
2001 AR.\PAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GR.\."lT FUNDS
SUBGRANTEE: CITY OF E:."IGLEWOOD
PROJECT NAi\1E: HOt;Sl:."IG REHABILITATION
PROJECT NUMBER: 01 E'.'I RB 121
This Agreement is made by and between the Board of County Commissioners of the County of Arapahoe ,
State of Colorado, for the Community Development Block Grant Program in the Communi ty Services
Department (hereinafter referred to as the County) and the City of Englewood (hereinafter referred to as the
SubGrantee) for the conduct of a Community Development Block Grant (CDBG) Project for Program Year
2001.
I. Pl"RPOSE
The primary objective of Title I of the Housing and Community De velo pment Act of 197 -+, as amende d.
and of the Community De velopment Block Grant (CDBG) Program under this T itle is the development of
viable urban communities, by providing decent housing , a suitab le living environment and expand ing
economic opportunities, principally for low and moderate income persons.
The project by the City of Englewood known as the Hous ing Rehabilitation Project (Project) has been
categorized as a Single Family Rehabilitation project and the SubGrantee will maintain docume:i ta tion
with the national objective of Low-Moderate Housing activities .
The SubGrantee may proceed to incur costs for the Project as of Juoe 1, 2001 unless made con ungent
under Section II-F . Environmental Reviews, below , and/or subject to the SubGrantee recei vi ng an official
"Nocice to Proceed" from the County.
U. WORK TO BE COMPLETED BY THE SUBGR..\..'1TEE
The following provisions outline the scope of the work to be completed :
The SubGrantee will utilize CDBG funding to provide lower income Englewood homeowners with loans
for health and safety related home repair and improvements .
A. Paymeot
It is expressly agreed and understood that the total amount to be paid by the County under this
contract shall not exceed $89,645.00 . Drawdowns for the payment of eligible expenses shall be
made against the line item budgets specified in Exhibit A and in accordance with performance
criteria established in Section 11-C. The parties expressly recognize that the SubGrantee is to be
paid with CDBG funds received from the federal govenunent, and that the obligation of the County
to make payment to SubGrantee is contingent upon receipt of such funds . In the event that said
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funds, or any part thereof; are, or become, unavailable, then the County may immediately terminate
or amend this agreement. To the extent C.R.S. § 29-1-110 is applicable, any financial obligation of
the Cowity to the SubGrantee beyond the current fiscal year is also contingent upon adequate funds
being appropriated_ budgeted and otherwise available.
8. Timeline
All Project activities will be completed by May 31 , 2002 unless this Agreement is modified b y
mutual agreement of the County and SubGrantee.
C. Performance Criteria
In accordance with the funding application submitted by the SubGrantee for the Project, the criteri a
listed below are to be met during the execution of the Project.
1. Quantifiable Goals :
The SubGrantee will provide loans to se\'en income eli g ible fam ilies within th e C ity of
Englewood. All improvements funded under this Proj ect are to be perfo rmed in
accordance with industry standards, as well as any loc a ll y applicable codes and
standards .
2 . Community Impact:
By completing the Project, the SubGrantee will reduce the C ity's number o f
substandard homes by 1 %.
The SubGrantee will maintain written records documenting the Proj ect 's community
impact for a period of five years following completion of the Project. This informatio n
is to be made available (upon request) to Arapahoe County or the C.S . Department of
Housing and Urban Development for monitoring purposes .
3 . Project Milestones :
June 30, 2001 :
September 30, 2001 :
December 31, 2001 :
No requirements established
Ouanerlv milestones
Close 2 loans
Cumulative milestones
Close 2 loans
Ouanerlv milestones
Close 2 loans
Cumulative mjjestones
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March 31 , 2002:
May 31, 2002 :
D. Reportin& Requirements
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Close 4 loans
Ouanerlv milestones
Close 3 loans
CwnuJative milestones
Close 7 loans
Complete all rehabilitation funded by Project
Submit final drawdown and completion report to County
1. Each SubGrantee Drawdown Request will include progress reports for the period fo r
which payment is being requested.
2. Projec t reports will be due within 30 days following the end of each calendar year
quarter r.,tlarch 31 , June 30, September 30, December 31 ) unt il the Proj ect is c ompl ete d.
3 . The official annual audit and/or Financial Statements for th e SubGr:mte e in whi c h both
revenues and expenditures for the CDBG Projects describ ed here in are d etail ed are d ue
annually.
E. Labor Standards (Davis-Bacon)
It is determined that:
Project activities do not require compliance with federal labor standards .
F. Environmental Review
Environmental re\i ew will be completed by Arapahoe County staff in order to determine whethe r
further action is necessary. The SubGrantee will not commit or expend any Project funds pri o r to
the completion of the required environmental review process and receipt of any necessary Rel ease
ofFunds from the U.S . Department of Housing and Urban Development.
G. Uniform Relocation Act (URA)
Project activities do not require compliance with the Uniform Relocation Act.
H. Lead Based Paint
The SubGrantee "ill comply with all local, state, and federal regulations related to minimizing lead
hazards in residential properties, including 24 CFR Part 35 and Colorado Regulation Number 19 .
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DI. RESPONSIBILITIES OF THE SUBGRANTEE
A. Federal Compliance
The SubGrantee shall comply with all applicable federal laws, regulations and requirements, and all
provisions of the grant agreements received from the U.S . Department of Housing and urban
Development (HliD) by the County. These include but are not limited to compliance with the
provisions of the Housing and Community Development Act of 19 74 and all rules , regulations ,
guidelines and circulars promulgated by the various federal depamnents, agencies, administrations
and commissions relating to the CDBG Program . A listing of some of the applicable laws and
regulations arc as follows :
I . 24 CFR Part 5 70 ;
2. 24 CFR Parts 84 and 85 ;
3. T itle VI of the Civil Rights Act of 1964 ;
4 . T itle vm of the Civil Rights Act of 1968;
5. Sections 104(b ) and 109 of the Housi ng and Community Development Act of 19 4 ;
6. Fair hous ing regulations established in the Fai r Hous ing . .\ct, Publi c Law 90-2 84 , an d
Execut iv e Order 11063 ;
7. Section 504 of the Rehabilitation Ac t of 19 73;
8. Asbestos guidelines established in CPD :-.:ot ice 90-~;
9. The Energy Policy and Conservation . .\ct (Public Law 94-163) and 24 CFR Pm 39 :
10. Equal emplo:-ment opporrunity and mino ri ty bus ines s enterprise re gulations estab lished
in 24 CFR part 5 70 .904 ;
11 . Secuon 3 of the Housing and Urban De\·e lopment . .\.:, of 1968;
12 . Non-discrimination in employment , estab li shed by Executive Order 11246 ;
13 . Lead Based paint regulations established in 24 CFR Pans 35 and 5 70 .608 ;
14 . Audit requirements established in Q:l.[B C ircular . .\-133 ; and
15 . Cost princ iples estab lished in 0MB Circulars A-87 and . .\-122 .
Additionall y , in accordance with 24 CFR Part 57 0. no employee. official, agent or consultant of the
SubGrantee shall exercise an. funct ion or responsibility in which a conflict of interest . real o r
apparent, would arise . The SubGrantee cannot engage in a federally funded contract with any
entity registered in the Lists of Parties Excluded From Federal Procurement or Nonprocurement
Programs .
B . Noa-Appropriations Clause
The SubGrantee agrees that it will include in every contract it enters, which relies upon CDBG
monies for funding , a non-appropriation clause that will protect itself and the County from any
liability or responsibility or any suit which might result from the discontinuance of CDBG funding
for any reason . Because this SubGrantee Agreement involves funds from a federal grant, to the
extent there is a conflict the funding provisions of this SubGrantee Agreement, the federal grant and
the federal statutes control rather than the provisions of Section 24-91-103 .6, C.R.S. with regard to
any public work projects .
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C. Expenditure Restrictions
All CDBG funds that are approved by HUD for expenditure under the Count:/s grant agreement.
including those that are identified for the SubGrantee's Projects and activities , shall be all ocated to
the specific projects and activities described and listed in the grant agreements . The allo cated funds
shall be used and expended only for the projects and activities for which the funds are ide ntified.
D. Agreement Changes
No projects or activities, nor the amount allocated therefor, may be changed without ap proval by
the County and acceptance of the re v ised Final Statement an d/or Consolidated Plan by HLTI . if
required. Changes must be requested in writing and may not begin unt il a modificat io n to th is
Agreement is fully executed.
E. Direct Project Supervision and Administration
The SubGrantee shall be respons ible for the direct superv ision and adm ini str:n io n of irs respecti\·e
projects or activities . This task shall be accomplished through the use o f th e SubG nmee·s staff.
agenc y and employees . The SubGrantee shall be responsible for an y inj ury to persons or damage to
property resulting from the neg ligent ac ts or errors and omissions of its st aff. agents and employees .
Because the SubGrantee is respons ib le for the direct supervis ion and adm inistration of its projects
or acti v ities, the County shall not be liable or responsible for cost overruns by the S ubG ramee on
any projects or activities . The County shall have no duty or ob ligation to pro vi de any additional )
funding to the SubGrantee if its projects or activities cannot be completed with the fun ds allo cate d
by the County to the SubGrantee. An y cost overruns shall be the sole respon sibil ity of the
SubGrantee.
F.
1. The SubGrantee agrees that all funds allocated to it for approved proj ec ts or activities
shall be used solel y for the purposes appro ved by the County . Said fun ds ;hall not be
used for an y non-approved purposes .
2 . The SubGrantee agrees that the funds allocated for any appro ved proj ec ts or act ivi ties
shall be sufficient to complete said projects or acti vities w ithout any ad ditio nal CDB G
funding .
Indemnity
To the extent allowed by law, the SubGrantee shall indemnify and hold harmless the Co un ty and its
elected and appointed officials, officers, employees and agents from and against any an d all losses,
damages, liabilities, claims, suits, actions or costs , including anomeys fees , made. ass erted or
incurred as a result of any damage or alleged damage to person or property occasioned by the acts
or omissions of SubGrantee, its officers, employees, agents, contractors or subcontrac to rs . arisin g
out of or in any way connected with the Project or the performance of this contract.
G. Bondlag and Insurance
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lfthe SubGrantee's projects involve construction activities, any Contractor it uses for said activities
shall be required to provide and maintain, until final acceptance by the SubGrantee of all work by
such Contractor, the kinds and minimum amounts of insurance as follows:
I. Comprehensive General Liability: In the amount of not less than 51 ,000 ,000 combined
single limit. Coverage to include :
a. Premises Operations
b. Products/Completed Operations
c . Broad Form Contractual Liability
d. Independent Contractors
e. Broad Form Property Damage
f. Employees as Additional Insured
g. Personal Injury
h . Arapahoe County and the SubGrantee as . .\dditional ~amed Insured
i. Waiver of Subrogation
2 . Comprehensive Automobile Liability : In the amount of not less than S 1,000 .00 0
combined single limit for bodily injury and property damage . Coverage to include :
a. Arapahoe County and the SubGrantee as add iuo na l :-.:amed Insured
b . Waiver of Subrogation
3 . Employers Liability and Workers Compensation : The Contractor shall secure and
maintain employer's liability and Worker's Compensation Insurance that wi ll protect
it against any and all claims resulting from injuries to and death of workers engaged
in work under any contract funded pursuant to this agreement. Co verage to inc lude
Waiver of Subrogation.
4 . All referenced insurance policies and/or cert ificates of insurance shall be subJect o
the following stipulations :
a. Lnderwriters shall have no rights of recovery subrogation against Arap ahoe
County or the SubGrantee; it being the intent of the parties that the insurance
policies so effected shall protect the parties and be primary coverage for an y
and all losses covered by the described insurance .
b . The clause entitled "Other Insurance Provisions" contained in any polic y
including Arapahoe County as an additional named insured shall not appl y
to Arapahoe County or the SubGrantee.
c. The insurance companies issuing the policy or policies shall have no
recourse against Arapahoe County or the SubGrantee for payment of any
premiums due or for any assessments under any form of any policy.
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d . Any and all deductibles contained in an y insurance policy shall be assumed
by and at the sole risk of the Contractor .
5. Certificate of Insurance : The Contractor shall not commence work under an y
contract funded pursuant to this Agreement until he has submined to the
SubGrantee, received approval thereof, certificates of insurance showing that he has
complied with the foregoing insurance requirements . The SubGrantee shall also
submit a copy of the Contractor's certificates of insurance to the County.
6 . . Notwithstanding the provisions contained in this paragraph (H) set forth
hereinabove, the County reserves the right to modify or waive said provisions for
projects or activities for which these provisions would prove prohibiti ve. The
SubGrantee understands, however, that the decision to waive or modi fy those
provisions is fully within the discretion of the County .
In accordance with 24 CFR parts 84 and 85, the following bonding requirements shall appl y to all
projects exceeding the simplified acquisition threshold :
1. A bid guarantee from each bidder equivalent to 5% of the bid pric e;
2. A performance bond on the part of the contractor for 100°10 of the contract pri ce: and
3. A payment bond on the part of the contractor for 100% of the contract price .
H. Records
The SubGrantee shall maintain a complete set of books and records documenting its use of CDBG
funds and its supervision and administratio n of the Project. Rec ords are to include documentat ion
verifying Project elig ibility and national objective compliance, as well as financial and other
administrative aspects involved in performing the Project. The SubGrantee shall pro \'ide full
access to these books and records to the County, the Secretary of HliD or his designee, the Office
of Inspector General. and the General Accounting Office so that compliance with Federal laws and
regulations may be confirmed. The SubGrantee further agrees to provide to the County up on
request , a copy of any audit reports pertaining to the SubGrantee's financial operations durin g the
term of this Agreement. All records pertaining to the Project are to be maintained for a minimum
of five years following close-out of the Project.
I. Reporting
The SubGrantee shall file all reports and other information necessary to comply with applicable
Federal laws and regulations as required by the County and Hl,"D . This shall include provid ing to
the County the information necessary to complete annual Performance Reports in a timel y fashion .
J. Timeliness
The SubGrantce has submitted to the County, along with its proposal , a description of the work to
be performed, a budget, and a timetable delineating the length of time needed for each Project
phase, if applicable, through the completion of the projects . The SubGrantee shall compl y with
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timetable for completion of the projects. The SubGrantee understands that failure to comply wi th
the timetable may lead to a cancellation of the Project and a loss o f all unexpended funds , un less the
County determines that there are extenuating circumstances beyond the SubGrantee's control and
that the projects will be completed within a reasonable length o f time . The timetable 's
implementation shall begin when the County provides wrinen notification to the SubGrantee to
proceed.
K. Reimbursement for Expenses
The SubGrantee agrees that before the County can distribute an y CDBG funds to it , the SubGrantee
must submit to the County's Housing and Community Development Services Divi sion
documentation in the form required by that Division which properly and full y identifies the am ow11
which the SubGrantee is requesting at that time. The County shall have ten (10) worki n g da ys to
review the request . Upon approval of the request, the County will distribute the requested fun ds to
the SubGrantee as soon as possible.
L. Program Income
All program income directl y deri ved from the Arapahoe Co unty Communi ty De ve lo pment Block
Grant Program received by the SubGrantee will be re tained by the SubGrantee and will be
dispersed for its approved CDBG Project activit ies be fo re additional CDBG fund s are re qu ested
from the County. Following completion of the SubGrantee's Arapahoe County CDBG Projects, all
program income directly generated from the use o f CDBG fund s will be remined to the C ounty .
M. Asset '.\-lanagement
An y single parcel of real property under the SubGrantee's control th at was ac q uired o r imp ro \·ed m
whole or in part with CDBG funds in excess ofS25,000 will either :
I . Be used for an eligible CDBG acti vity , as det ermined by th e C o un ty. fo r a m1 ru mum
of fi ve (5) years following completion of the SubGrantee's proj ect s:
2. Be disposed of in a manner that results in the County's be in g re im b ursed in the
amount of the current fair market value of the property less an y portion of the value
anributable to expenditures ofnon-CDBG funds for acquisition of, o r im provements
to , the property. Reimbursement is not required after five (5) years fo ll owi ng
completion of the SubGrantee's proj ects .
N. State and County Law Compliance
All responsibilities of the SubGrantee enumerated herein shall be subject to applicable State
statutes and County ordinances, resolutions , rules , and regulations .
o. Environmental RC\·iew
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The SubGrantee agrees that no CDBG funds will be legally obligated to an y Project activity before
the County has completed federal NEPA environmental review procedures, as required by 24 CFR
Part 58.
P. Subcontracts
If subcontracts are used on the Project, the SubGrantee agrees that the provisions of this Agreement
shall apply to any subcontract.
Q. Suspension or Termination
This Agreement may be suspended or terminated by the County if the SubGrantee materiall y fails
to comply with any term of this Agreement. This Agreement may also be term inated for
convenience by mutual agreement of the County and the SubGrantee.
R. In the event that the Unit of General Local Government should withdraw from the County's
"Urban County" designation, this Agreement shall terminate as of the termination date of the
County's CDBG grant Agreement with Hl:D .
S. The SubGrantee certifies that to the best of its knowledge and belief:
I. No Federal appropriated funds ha\·e been paid or will be paid , by or on behalf of it.
to any person for influencing or attempting to influence an officer or emp loyee of
any agenc y, a Member of Congress , an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federa l
contraet, the making of any Federal grant, the makin g of an y Federal loan. the
entering into of any cooperative agreement , and the extension. continuation.
renewal, amendment, or modification of any Federal contract. grant, loan. or
cooperative agreement; and,
2. If any funds other than Federal appropriated funds have been paid or wi II be paid to
an y person for influencing or attempting to influence an officer or employee of any
agenc y, a '.'vlember of Congress, an officer or emplo yee of Congress, or an employee
of a '.'vtember of Congress in connection with this Federal contract, grant. loan , or
cooperative agreement. it will complete and submit Standard Form-LL L,
"Disclosure Form to Rep ort Lobbying," in accordance with its instructions .
T. DisaUowance
Ifit is determined by HUD or other federal agency that the expenditure, in whole or in part, for the
SubGrantee's Project or activity was improper, inappropriate or ineligible for reimbursement, then
the SubGrantee shall reimburse the County to the full extent of the disallowance .
IV. RESPONSmlLITIES OF THE COUNTY
A. Admiaistradve Control
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The Parties recognize and understand that the County will be the governmental entity required to
execute all grant agreements received from HUD pursuant to the County's requests for CDBG
funds . Accordingly , the SubGr:mtee agrees that as to its projects or activities perfonned or
conducted under any CDBG agreement, the County shall have the necessary administrative control
required to meet HUD requirements .
B. Performance and Compliance Monitoring
The County's administrative obligations to the SubGrantee pursuant to paragraph A above shall be
limited to the pcrfonnance of the administrative tasks necessary to make CDBG funds available to
the SubGrantcc and to provide a Monitoring Specialist whose job it will be to monitor the various
projects funded with CDBG monies to monitor compliance with applicable Federal Jaws and
regulations .
C. Reporting to HUD
The County will be responsible for seeing that all necessary reports and infonnation required of the
County are filed with HUD and other applicable Federal agencies in a timely fashion .
V. EXTENT OF THE AGREEMENT
This agreement, including any documents attached as exhibits which are hereb y incorporated herein
by reference, represents the entire and integrated agreement between the County and SubGrantee
and supcrcedes all prior negotiations, representations or agreements. either "'Tinen or oral. An y
amendments to this agreement must be in writing and signed by both the County and SubGrantee .
If any portion of this agreement is found by a coun of competent jurisdiction to be void and or
unenforceable, it is the intent of the parties that the remaining portions of this agreement shall be of
full force and effect .
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In Witness Whereof, the Parties have caused this Agreement to be duly executed this ------da y
of ___________ __, 2001.
SubGrantee :. ___ ~C ... iLA.JY~O(LE .. ouigl-ew.:::.xood-.. _____ _
By : ________________ _
Thomas J. Burns Title : ___ .;;!Ma=o~r,__ ____________ _
Board of County Commissioners
Arapahoe County, Colorado
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EXHIBIT A
PROJECT BUDGET
COLUMN A COLUMNS COLUMNC COLUMND
PnlJecr~ Eailna..,. TMal c .. or CDBG Funcls Other Fuods Commin<d
(.-ffy by 11M -) Adlvity
Rc'hab1litation adnuniwarive S70.000 SS .000 S65.000
expenses
tuhabili wion loans S130.000 S8>.6JS S..S.:S5 •
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TOTAL: S200,000 S89 .6JS SI 10.]55
• Propm income m:eiv<d from previous ycan' CDBG loans may also be used IO p,ovulc new rchab,liuuon loans
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ADDEND~l~u"MBERONE
TO THE 2001 COMMUNITY DEVELOP\'IE~T BLOCK GRA..""IT
HOUSL"IG REHABILITATION SlJ'BGRA .. 'ITEE AGREEMENT
lbis ADDDIDUM NUMBER ONE modi.fies the Arapahoe County Community Development Block
Grant SubGrantee Agreement ("Agreement'') by and between Arapahoe County ("County'') and the City of
Englewood ("Sub grantee'').
WHEREAS, the Agreement (in Section ill.G), requires that if any Subgrantee project involves construction
activities, then the Contractor selected by the Subgrantee must provide and maintain insurance in the
amounts set forth therein; and
WHEREAS, pursuant to Sc:ction ill. G.6, the Subgrantee desires that the County waive a portion of the
insurance requirements of Sc:ction Ill. G of Agreement; and
WHEREAS , the County agrees to the waiver as noted herein .
NOW, THEREFORE , IT IS AGREED by the County and the Subgr:i.mee as follows :
I. The Subgrantee shall require its selected Contractor to provide and maintain genenl liability and
property insurance in an amount not less than 5500,000 by the Contractor and to provide and
maintain automobile liability insurance and workmen's compensation insurance required by
Color.ido law . Proof of such insurance shall be provided to the Subgrantee .
2. The Subgrantee and the County reaffirm the provisions of Sec tion ITI.F .. concerning administrat ion
and indemnification concerning performance of the Agreement.
3. All other provisions of the Agreement not inconsistent with this Addendum Number One are
reaffirmed .
In Wimess \Vhereof, the Parties have caused this Addendum to be dul y executed this _____ day of
------------· 2001.
Subgrantee: ___ ....,C._.j...,ty_o.,..f...,E .. n..,g.,.Ie._w_o,..od....._ ____ _
By: _____________ _
Thomas J. Burns
Title: ____ Ha_y;...o_r ___________ _
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Board of County Commissioners
Arapahoe County, Colorado
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April 16, :WO l
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COUNCIL COMMUNICATION
Agenda Item Subject:
10 a ii In tergove rnm ental
Agree ment between th e
Citv and Arapa ho e Co untv
INITIATED BY: I STAFF SOURCE :
Communitv D eve lo pment D ep t. Jan et Grimmett. Housi ng Fi nan ce Spe c ialist
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Co unci l passed Ordinance o . 39, Seri es of 19 4 . tha t I as extended bv Amendmen t o. 2 dated
June 16, 2000 rel atin g to parti ci pation in the Urban Coun t, En til lement Program for CD BG and
HOME funds fo r 200 1 through 2003 ; and , pas sage o i Res ol uu on o . 5, Series o i 2000 suppo rtin g
Housing and Community D evelop m ent th at au t h o rized submitting app lic ati o ns tor 2001 CDBG
iunding.
RECOMMENDED ACTION
Approve a Bill for an Ordinan ce auth o rizi n g the e ecut1 o n OI fo ur In tergove rnm en tal Subgrantee
Agreements for the 2001 Arapah oe Co unty Co mmunitv De velo pm ent Bl ock Grant Program
between the Arapahoe Bo ard of Co un ty Co mm1ss1 one rs and th e City oi Englew ood.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Federal Communit D eve lopment Bl oc k Grant (CDBG ) Prog ram provides grants t o units of
loca l government and urban cou nties to meet housing and communit develop m ent needs. Th e
objecti ve of the Pr ogram is achie1 ed thro ugh p roJec ts de1 elo p ed b y th e local government th at are
designed to gi ve pri o rity to th ose acti ities th at benefit low-and moderate-inc o m e families . Funds
are allocated b y statutory fo rmula to each en t itlement area . Arapa hoe Co un ty is an approve d
entitlem en t area . Th e grant fu nds are distributed on a formu la basis to participa t ing ci ti es wi thin
Arapah oe County.
Fo r FY200 1, funds are approved to suppo rt th e followi n g projects :
1. $89,645
2. $50,000
3 . $10,000
4. $10,000
for the Housing Rehabilitation Project t o administ er, m onitor and rehabi litate 7 low-
income units scattered throughout the City;
for the House of Hope to support the hiring of two additional employees
for the Englewood Housing Authority's Famil y Self-Sufficiency Program
for the Englewood Housing Authority's Homeless Prevention Program
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FINANCIAL IMPACT
The existing employees in Community Development are available to administer the projects and
their salaries and benefits are part of the City's contributi on. The City will utilize a portion of the
CDBG funding (est. $5,000) from the Housing Rehabilitation Project to partiall y offset the costs of
those salaries and benefits .
UST OF AITACHMENTS
Bill for an Ordinance .
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ORDINA. CE NO ._
SERfES OF 2001
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO . 19
I~TRODUCED BY COUNCIL
MEMBER ______ _
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF TW
INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS FOR THE 2001
ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GR..\~T PROGRA.\l
BETWEEN THE ENGLEWOOD HOUSIJ\G AUTHORITY AND THE CITY OF
ENGLEWOOD.
WHEREAS . the City Council of the City of Englew oo d passed Ordinance '.\o. 39 .
Series of 1994 that was extended by Am endment No . 2 dated June 16. 2000 . r e lating
to participation in the L'rban Co unty Entitle ment Program for CDBG and HO'\IE
Funds for 2001 through 2003; and
WHEREAS , the Englewood City Council passe d Resoluti on ~o. 95 . Serie s of 20 0
supporting Housing and Community Development that a uthor ized submitting a n
application for 2001 CDBG funding ; and
WHEREAS, the passage of Council Bill !'so. 18 . Series of 2001 , will a uthorize the
execution of an Intergovernmental Subgrant.ee Agre ements for the 200 1 Arapahoe
County Co mmunity Development Block Grant Program between the City of En gle wood
and the Arapahoe Co unty for the Englewood Housing Authority's Family Self
Sufficiency and Homeless Prevention Programs ;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, THAT :
Sectjon 1. The Intergovernmental Subgrantee Agreements for the 2001 Arapahoe
County Community De velopment Bl oc k Grant Program between the City of Englewood
and the Englewood Housing Authority , are attached her eto as Exhibit A .
Sectjon 2. The Intergove rnmental Subgr:mtee Agreements fo r the 2001 Arapahoe
County Community Deve lopm e nt Bl oc k Grant Progra m between the City of Englewood
and the Englewood Housing Authority are hereby acce pted and approved by the
Englewood City Council and the Mayor 1s a uthonzed to execute and the City Clerk to
attest and seal the Agreements for and on behalf of the City of Englew ood .
Sectjon 3. The City Manager shall be authorized to further extend the
Intergovernmental Subgrantee Agreem e nts for the 2001 Arap a hoe Co unty Community
Development Block Grant Program betwee n the City of Englew oo d and the Englewood
Housing Authority, as needed .
Introduced, read in full , and passed on fir st reading on the 16th day of April , 2001.
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COUNCIL COMMUNICATION
Dale Agenda Item
April 16, 200 1 10 a iii
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Subject:
In tergovern mental Agree-
ment between Citv and EHA
INITIATED BY:
Community Deve lopment D eot I STAFF SOURCE: Janet Grimmett,
H ousing Finan ce Soecia list
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
C o uncil passed Ordinance No. 39, Series of 1994, that was ex tended bv Amendmen t o. 2 da ted
June 16, 2000 relating to participation in the Urban Cou nty Entitlement Pro gram fo r CDBG and
HOME funds for 2001 through 2003 ; and, passag e of Resol utio n N o. 5, eri es o t 2000 supp o rt ing
H ousi ng and Community Deve lo pment that auth o ri zed submitting an appl icat io n fo r 2001 CD BG
funding.
RECOMMENDED ACTION
Approve a Bill for an Ordinance authorizing th e exec uti on o f tw o lntergo \ ernm e ntal ubgrante
Agreements fo r the 2001 Arapah oe Co unty Community D evel o pment Bi o k rant Pr ogram
between the City of Englewood and the En glewood H ousing Au th o ri tv.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Federal Community D evelopment Bl ock Grant (CDBG ) Prog ram provi d s grants to urnts o f
local government and urban cou nti es to meet ho usin g and com munity de\elopment needs . Th
objective of th e Program is achieved through p rojects developed b th local go ,ernm ent that ar
designed to give prio ri ty to th ose acti vi ties that benefit low-and modera te-incom e fam ili e . Funds
are allocated b y statut ory formu la to each en titl eme nt area. Ar apa h oe Co unty i an apprO\ ed
entitlem ent area . Th e grant fu nds are distributed o n a fo rmul a basis to participa t ing c it ies , 1th1 n
Arapahoe Co un ty.
The City of En gle wood submitted two applica ti ons on behalf o i th e Engle\ ood H o using Auth o rit
that were approved by Arapahoe Co unty.
For FY2001 , th e fo ll owing pro je cts we re approved :
1. $10,000
2 . $10,000
for th e Englewood H o using Auth o ri ty 's Famil Self-Sufficiency Pr ogram
for th e Englewood H ous ing Auth o rity's Homeless Pr eve nti o n Program
FINANCIAL IMPACT
Th e exis t in g empl o . ees in Community D eve lopm ent are avai lable to m onit o r the projects and th eir
salaries and benefits are part of the City's co ntributi o n . Th e City will utilize a p o rti o n o f th e CDBG
funding (es t. $5,000 ) from the H o using Rehab ilitatio n Pr oj ect to partial ly offset th e costs of th ose
salaries and benefit s.
UST OF AITACHMENTS
8111 tor an O rdin ance .
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Published as a Bill for an Ordinance on the 20th day of April, 2001.
Thomas J . Burns, Mayo r
ATI'EST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify
that the above and foregoing is a true copy of a Bill for an Ordinance, introduced , r ead
in full, and passed on first reading on the 16th day of April , 2001.
Loucrishia A. Ellis
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SliBGR..\.l',jlEE AGREE:\-IENT FOR
2001AR..\PAHOECO{J.l',j1Y
COMML~lTY DEVELOPME:vf BLOCK GR..\~T FlJNDS
SllJGR..\~TEE: CITY OF ENGLEWOOD Hot·s1~G ...\l 'THORITY
PROJECT :S ,UIE: F...\:VOL Y SELF SL"FFICIE:SCY
PROJECT '.IR~IBER: 01 E'.'J PS 124
This Agreement is made by and between the C ity of E nglewood, for the County o f Arapahoe C ommunity
Development Block Grant Program in the Community De ve lopment Department (here inafter referred to as
the City) and the C ity of Engle wood Housing Authority (here inafter referred to as the SubGrantee) fo r th e
conduct of a Community De ve lopment Block Grant (CDBG) Proj ect fo r Program Year 2001 .
I. PCRPOSE
The primary objecti ve of T itle I of the Hous ing and C ommunity De ve lo pment Ace of 197~. as amenced.
and of ch e Community Deve lopme nt B lock Gr:mr (CDBG) Program under this T it le is he de \,e lo pmerll of
viable urb an communiti e s . by pro viding de cent housin g. a suitable living en\ ironment an exp:.mc in g
economic o pportunitie s. princip:illy fo r low and moder:ite income persons .
The project b, the C it of Eng le wood Hous ing A uthority known as the F amil y Se lf Su fficiency ProJ ect
(Project) has been c:itegorized as a Pub lic Servi ces project and the SubGrJntee will ma1nt:i1n
documenmrion wirh the n:monal obJecti ve of L imited C li enrele ac!i\'ities.
The SubGnmee m:iy proceed to incur costs fo r the Projecr as of June 1, 2001 unless m:ide co nu ngent
under Section II-F. E n\ironment:11 Revi e ws. be low, and/or subject co rhe S ubGrantee receiv ing :in offici:il
'·Nouc e co Proceed .. from the C ounry through th e C ity of Eng lewood.
II. WORK TO BE CO~lPLETED BY THE Sl lJGR.\'.\'.TEE
T he following prov1s1ons out me th e scope of th e work to be completed:
T he S ubGr ntee will uu li ze CDBG fu nding to provide s upp om ve se rvic es (such as tuition . books and
• tran sportation assistance ) to E nglewood Ho using Authority tenant families enro lled in the Family Se lf
S ufficienc y pro gram. wh ich provides the families with c:ise management. supporme ser\,1 ce . and oth er
similar ass istanc e in o rde r to increase their se lf sufficien c y and decre:ise the ir depencence on pu blic
assist.ance progr.ims .
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A. Payment
It is expressl y agreed and understood that th e total :unount to be pa id by the C ity under this contr:ict
sh all not e xceed Sl0.000.00 . Dr:iwdowns fo r the payment of e ligibl e e xpenses sh:ill be m:ide
ag ai nst th e line item budgets spec ifi e d in Exhibit A and m ac=o rdance with pe rfonnance criten:i
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estab lished in Sectio n II-C. The parties expressl y recognize that the SubGr:intee is to be paid wnh
CDBG funds rece iv ed from the federal go vernment. and that the obligarion of the C ity to make
payment to SubGramee 1s contingent upon receipt of such funds . In the event th:it S:lld funds. or
any pan thereof. are . or become, unavailable. then the C ity may immediate ly tenmnate or ll'Jiend
this agreement. To the extent C.R.S . § 29-1-110 is applicab le. an y financial obligation of th e Cny
to the SubGrantee be yo nd the current fiscal year 1s also conungent upon adequate funds being
appropriated, budgeted and otherwise available.
B. Timeline
All Project JCtivities will be completed by :\<la~· 31 , 200~ unless this Agreement is modified b)-
mutual agreement of the City and SubGrantee with approval from .-1.r::ipahoe County.
C. Performance Criteria
In accord:mce with th e fu nding applic:i.t ion submitted by th e SubGrant ee for the ProJect. the .:nren:.1
listed below are to be met during the execution of the Proj ec t.
l. Qu:i.ntifi:.I ble G o:i.ls:
T he SubGr:intee will p rov ide suppom,e ser,1 es to 25 famJli e s e nrolled in t e
Englewood Housing . .\uth orit. ·s F mily Se ! Su ff1c1 enc~ pro gr m .
2. Community Impact :
By pro vi ding services. the a ver::ige p::rtic1p:mt JlTll y "1 1 de re:ise its T . ..l..:'sr .m d :·ooc
stamp assistance by 50% during the gr::int penod .
The SubGrantee will maint:i.in wntten re:::ords docurnenun = the ProJ e ( s c o mmun ll~
impact for a period of rive ye:irs fo llo "m= :orn pleuon of rhe P roJ ect. T his in io rm:rn on
is to be made availab le (upon request) ro the C ny of Eng le wood. Arap:ihoe Co um ~ or
the C .S . Department of Housing and L rban De ve !opment fo r rnonnonng pu[1JOS e s .
3. Project ~lilestones:
June 30, 2001 :
September 30, 2001:
Ouanerlv mil esr o ne s
Provide suppom e se:v1 es to ~ farru h es
Cumulative milestones
Provide services to 2 iJmi h e s
Ouanerl v milestones
Provide services to 6 families
Cumulative milesrones
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December 31 , 2001 :
March 31, 2002 :
May 31. 2002 :
D. Reporting Requirements
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Provide services to 8 families
Ouarterlv milestones
Pro vi de se rvic es to 7 families
Cumulati ve milestones
Provi de services to 15 families
Ouarterl v milestones
Provide services to 6 families
Cumulativ e milestones
Pro vi de services to 21 farrulies
Ouarte rlv m il es ton e s
Pro vi de se rvices to -+ fami he s
C umulative mile ,,one s
Provide se rvic es to 25 farru lies
S ubmit final di.l\\dO\\n ::md complet1on rep n o Count::
l. E:ich S u bGr:intee Dr.iwdown Request will include progress reports for the penod fo r
which payment is being requeste d.
2 P roj ec t repons will be due within 30 days followin :o the end of e :1ch c:1lend.1r :,e r
quarter (!\11:irch 31 , June 30 . Se ptember 30. December 3 l ) um I the Project 1s .::omple ted.
3 . T he official annual audit and/or Fin:mci:1! S tatements fo r the S ub Grantee in which both
re venues and expenditures fo r the CDBG Projects described herein are detailed .ire due
annually .
E. Labor Standards (Davis-Bacon)
It is determined that :
Proje ct :ictivities do not require c ompliance wi th ieder.il labor st:i.ndards .
F. Environmental Review
En vironment:il review will be completed by Ar.ipahoe County staff in order to determine whether
further :ictio n is necessary. The SubGrantee will not corrurut or expend an. Project funds pri or to
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the completion of the required environmental review process :md receipt of :my necessary Re lease
of Funds from the C.S . Department of Housing and L·rban De velopment.
G. t:nifonn Relocation Act (l.R.\)
Project lCtivit1es do not requ ire compliance with the Cnifonn Re locltion :\ct.
III. RESPONSIBILITIES Of THE SCBGR..\.'ffEE
A. Federal Compliance
The SubGr:intee shall comply wi th all appliclble federal laws, regul:nions and requirements . lnc .ill
pro visions of the grlnt agreements received from the C .S . Department of Housing and Crban
De velopment (Hl TI ) by the Count. . T hese inc ll.!de but are not limited to c o mp li an c e w nh the
pro vis10ns of the Hous ing and Communit. De ,e lo pment :\ct of 197.l :md J II ru le s. regu l:m o ns .
gu ide lines and circulars promulgated by the various federal departments. age nc ie s. ad num m at:o ns
and commissions relating to the CDBG P~ogram . :\ listing of some of the appli a b le Ia ,,s .i nd
regulations are as follows :
1. 24 CFR Pa.rt 570 :
2. 24 CFR Pans 84 :md 85:
3 . T itle Vl o f the C ivi l R ights . .\ct of 1964 ;
4 . T itle Vill o f the C ivi l R igh ts . .\ct of ! 96 S:
5 . Sec io ns !04(b) .me 109 o f the Housing :md Community De,e lopment . .\ct of l9i.l :
6. F.i1r ho us ing re,.ul ;m o ns es ab li shed in the Fa ir Housing . .\.:t. Pu blic LJ,, 90-28.l . :m d
E .\ecu1 1,e Order 1106.3 :
7. Secti o n 504 o f the Re hab il nation :\ct o f 19 7.3:
8 . Asbes tos gu1ce lines estab li shed in CPD ~otice 90-..W:
9 . T he Ener,.y Pol ic y and C o nserv:n ion . .\.::t (P ublic Law 9.l-16.3 ) :md 2.l CFR Pm 39:
10 . E .ual e mp lo yment o ppo rtunit~ Jnd minonty business enterpn se regu l:.t 11 o ns estab lis ed
in 2.l CFR pan 570.904 :
11. Secn o n 3 of the Housing and Crban De,e lopment :\ct of 196 8:
12 . ~on-discriminat ion in emplo::,-menl. es tablished by Executiv e Order 112.16 :
13 . Le ad B.ised paint regulat ions est:ib lis hed in 2.l CFR Pans 35 and 570 .60
l.l . Audit requirements established in 01YIB Circular . .\-1.33 : ;ind
15 . Cost principles established in 01YIB Circul:irs . .\-87 and . .\-122 .
Additionally, in accordance with 24 CFR Part 570 . no employee. offici:il. agent or co nsu ltant o i the
SubGr:intee shall exercise any function or responsibility in which a conrl 1ct of intere st. rea l or
apparent. would ;irise . T he SubGr.mtee cannot engage in a feder:illy funded contrJct wnh Jn~ e nll t~
registered in the Lists of Parties Excluded From Fe deral Procurement or S o np rocureme nt
Programs .
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8. Non-Appropriations Clause
The SubGrantee agrees that it will include in e very contr:ict it enters. which relies upon CDBG
monies for funding. a non-appropriation clause that will protect itself and the City and Ar:ipahoe
county from any liability or responsibility or :iny suit which might result from th e discontinuance of
CDBG funding for any re:ison . Because this SubGrantee Agreement in ohes funds from :i fed e ral
grant, to the extent there is a confl ict the funding provisions of this SubGr:mtee Agreement. the
federal grant and the federal statutes control rather than the provisions of Section 2~-9 l-103.6.
C.R.S. with regard to an y public work projects .
C. Expenditure Restrictions
All CDBG funds that are approved by HLU fo r expenditure under the C ounty's grant :igreeme nr.
including those that are identified for the SubGr:mtee·s Projects and acti vi ties. shall be allocat ed o
the specific projects and activities described :ind listed in the grant agreements . T he allocated ·unds
shall be used and expended only for the projects and activities for which the funds are ident ifi e d.
D. Agreement Changes
No projects or activities , nor the amount alloc:ited therefor. ma y be changed without apprO\ :i. b:
the C ity and Arapahoe County and acceptance of the re vis ed Final Statement an d/or Consolidated
Plan by H1.U , if requ ired. Changes must be requested in writing :i.nd may not begm unt il :1
modificJtion to this . .\greement is full y exec uted.
E. Direct Project Supervision and Administration
The SubGr:intee shJll be responsible for the direct supervisio n and administratio n of its respe~ti ,.:
projects or acu vi ties. Thi s c:is k shall be acc o mplished through the use of the SubGr:mtee 's st:i.ff.
agency and employ ee s. The S ubGr:intee sh;i ll be respons ibl e for any injury to persons or damage to
propert y resu lung from the neg li gent acts or errors :md omissions of its staff. agents and emplo:ees .
Because the SubGrantee is responsible for the direct su pe rvision and administration of its projects
or act iv 1t1es. the C ity shall not be li ;ible or re spons ible for cost overruns by the SubGrantee on :my
proj ec ts or :i.cti, iu es . T he Cit: sh:11 1 h:ive no duty or oblig:n io n to provide any additional funding to
the SubGrantee if its proJects or act ivni es c:innot be co mple ted wi th th e funds allocated by the C it:
to the SubGrantee . An y cost overruns shall be the sole responsibility of the SubGr:.rntee .
F.
I. T he S ubGrantee agrees that all funds allocated co it for approved projects or act1,1t1es
sh:ill be used solely for the purposes approved by the C ity and Arapahoe C ounty. SJ.id
funds shall not be used for any non-approved purposes.
2 . T he SubGranc ee agrees that the funds alloc:ued for any approved proj ects or ac tivi ties
shall be suffic ient to co mplete said projects or :ict ivrn es without ;iny addit1 o n;il CDBG
funding .
lnd~mnity
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To the e:<tent :i llow ed by law. th e Sub Grantee shall ind emni ty :ind hol d h:lmlless th e C1t y and
:\r:ip:ihoe Count :md 1L electe and :ippoin ted orfic1 :i ls. office rs. emp lo;ee s :ind :igents fr o m :md
ag:tinsr :m y and :i ll losses. ct:ima =e s. liJb 1 1r1es. c!:11 ms . suits . arn o ns or cos ts. mc ludmg Jt rorn e:s
fe::s . made. assert ed or incurred JS :i resul of :m_ damag e or alleged d:lmage to person or pro pert ;
oc :isio ned by the aces o r orrus s1o ns of SubGr:intee . irs offic ers. emp lo ::,ee s, agents. conrr:icr ors or
subc ontrac ro rs . arising out of or m an::, wa: conn ected \\ 1th th e Proj ect or th e perforrn:ince oi rh1s
comr:ict.
G. Bondin g and Insurance
If rhe Sub Gr:intee 's proje cts m vo ve ·onsrruc uon JCU\J[les. Jn) Conrracror it ses fo r said J ,1 1::es
shall be required to pro vid e and m:J.Jnt:im . unul ri:i · I Jc:epr. nee b: the Sub Gr:inte:: or all \\ or!-.
such Contr:icror, the kinds :.1nd rrummum .JJ11ounrs oi ,ns r nee :is folio\ s:
1. Com prehens1 \e General L1 bil1r:-: ln tr.e :imou r of or !es; rh:.1n S .000.000 ~ mb1~e..:
smg le li rrur. Co \ er:i =e o incl ce :
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a. P erruses Op e, uons
b Procuc:s;Comp lered Oper:n:ons
Broad Forrn Comr ctuJ LJoi!a,
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lndepenc nt Contrc.ctor,
Bro;id Fo rrn Prop en : D· r:i..i =e
Emplo;ee, s .-i.cd1uona In su red
P ona! lnJury
Ar:ip:1h o e Count: :ind the S bGr:im ee :i:, .\ddiu on:il '.\· me n · re..:
\.V ;.11\er of Subrog · uon
Comp rehen,1\e .\ romob1le L:· b11t;· In :he :u:,ount or not le,, ,h.ln '5 .Jl:ll.,JCO
combme sm g!e limit :·or oJ II:, lnJI.!f'.' Jn ;Jrop ert y d m =e . Co\er· ge :o 1 .: .::e
a. Ca1.-of Engle\vood .. \r:.1pJ.ho e Coum1.-:ind rhe S bGr· nt :: · JJ lllL.r.a,
:'s Jmed Insured
b. \\i.mer or 'ubrog:n1o n
Emp loy ers L :1b1 ht; :md Workers Comp ensJuon : The Contr:icror sh II sec re r u
m:tint:im emp lo1.-er's li :ib iiity and Work er's Compens:rnon lnsur:m e th · t \I ll prore:t
it :igamst :in_ and :il l c!J1ms res Ir ng from mJun es ro :md de::nh 0f \\Orker en_, =e d
in wo rk und er :in y cont r:ic t funded pursu:mt to this :igreemenr. Co erage to me! •de
W :ti er of Subro gat ion .
All referen ced msur:mce poh 1es un or cen1fic:1tes of insur:inc:: sh;ill be ;t. Jt:~: ;o
the following sllpu l:iuo ns :
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a. linder.\/riters shall have no rights of recovery subrog::ition ::igainst the City of
Englewood, Arapahoe County or the SubGrantee: it being the intent of the
parties that the insurance policies so effected shall protect the parties and be
primary coverage for .:my and J.11 losses covered by the descnbed insur::ince .
b. The clause entitled "Other Insurance Provisions" contained m :m y pohc .
including the City of Englewood and Arapahoe County as an addiu onal
named insured shall not apply to the City of Eng lewood. Arapahoe Count y
or the SubGrantee .
c. The insurance companies issuing the policy or policies sha ll ha \e no
recourse against the City of Englewood. Arapahoe Count y or the
SubGrantee for pa yment of :my premiums due or for Jn y :iss ess ment s unc!er
any form of any polic y.
d. Any and :ill deductib les contain ed in an y insur::in ce poh c. ·hJ ll e :i ss me d
by and at the sole nsk of the Contrac tor.
5. Certi ficate of Insurance : The Contractor sh:ill not co mmence work unde~ :my
contract funded pursuant to th 1s Agreement unt il he h;.i s subrrurt ed to th e
SubGrJntee . rece ived appro val thereof, certificates of in su rance s ho,,mg th ;.i t he h;.is
complied with the foregoing insur::mce requ irements . The Sub Grant ee sh;.i ll als o
submit a copy of the Contractor's cert iricates of insurance o the Cn~.
6 . Notwithstanding the provisions contained in th is par.lg rap h (H 1 set forth
hereinabo ve. the City reserves the right to modiiy or w::i 1v e sa id pro , isions for
proje cts or activities for which these provis io ns wou ld pro"e proh1 b1t i,e. The
SubGrantee understands. howe ver . that the dec isio n to 11:.11,e or modii~ th os e
provisions is fully within the discreuon oi the Cn y.
In accordance with 24 CFR parts 84 and 85. the follo wing bonding re q irement s sh;ill :ipp ly to :ill
projects exceeding the simplified acquisition thresho ld:
1.
3 .
A bid guarantee from each bidder equ iv alent to 5% of the bid pnce :
A performance bond on the part of the contrac to r fo r 10oc-o or· the con trJCt pn ce: Jn d
A payment bond on the part of the contr::ictor for lOO c;-c of the contrn ct price .
H. Records
The SubGramee shall maint::iin ::i complete set of books and records documenting its use o f CDBG
funds and its supervision and administration of the Project. Records are to include document :.lllon
verifying Project eligibility and national objecti ve compliance. as well as finan ci al and other
administrative aspects involved in performing the Project. The SubGrantee sh;ill provide fu ll
access to these books and records to the City. Arapahoe County. the Secret:i.ry of Hl TI or hi s
designee. the Office of [nspector General. and the General :\ccouming Orfo:e so thJt co mp li:inc e
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wich Feder::il laws :ll1d regul::it ions ma y be confirmed . The SubGr.mcee further agrees co provide to
the City upon request. a copy of any audit reports pertain ing to the S ubGrantee 's financ ia l
operations during the term of this Agreement. All records pertain ing co che ProJecc are co be
maint::i.ined for a minimum of five ye::irs following close-out of the Projec:t.
I. Reporting
The SubGrantee shall file all reports and other information necessary to comply wich app lic::ibl e
Federal laws and regulations as required by the Cicy. Arapahoe Cou nty ::ind HlU . Th is shall
include providing to the City the information necessary to complete ::innu::il Performance Reports in
a timely fashion.
J. Timeliness
The SubGr:m tee has submiued to th e City. ::i lo ng wich its propos;il. a de;cripuon of the work to e
performed . a budget. and a tim etab le de li ne;iung th e length o!' time nee ded for e;ich Proj ect ph;i,e. 11
applic;ible. through th e compl etion of th e proje cts. The Sub Gr:mt ee ;h;i ll comply w1th t1m e t:1b le fo r
comp letio n of the projects . The SubGr:m tee underst.:mds that f::ulure to compl) --irh the umeu le
ma y le;id to ::i c:mcell:nion of the Proj ec t ::ind a loss of al l une:<.pende d funds. unless the Cil : JnJ
Arap::ihoe County de termi ne that th ere ::ire e:~tenuat ing circumstJnces be;ond the SubGr: e:::·s
control and th at the projects will be comp leted within J reason::ible le ngth or tim e . The ti met ble's
implementation shall begin when Ar ::ipahoe Count y pro vides writren n0lific:1r1on lo the Cit: to
proceed .
K. Reimbursement for Expenses
The Su bGrantee ::igrees th::it be fo re the Cir y can distribute ::in: CDBG iun ds ro ir. the SubGrante:::
must submit to the C ity's Comm unity De ve lo pme nt Dep anment documem::ition in the fo r.n
requ ired by Ar::ipah oe County ,vhich properly ::ind fully identifie s he :imount whil.:h th e SubGr· ntee
is requ esting ::it that rim e . The City sha ll have ten (1 0 ) wo rk.mg da:s lO re \ iew the re quest. L pon
appro val of the request. the C ity will disrnbute the re q ue sted fun ds to the Sub Gr:1n tee as soon JS
pos sible .
L. Program Income
All program inco me dire ctly derived from the Arapahoe County Communny De ve lopm ent Bio -::
Grant Program rece iv ed b_ the SubGr:intee will be retaine d by the SubGr:intee :md \v iii be
disp e rsed for its approved CDBG Project activities before additiona l CDBG fund s ::ire reque sted
from the Count y. Following completion of the SubGrantee ·s Arapahoe Count y CDBG ProJe ·ts . a ll
program income directly generated from the use ofCDBG funds will be rem1ned to the Count ~.
M. Asset Management
Any single parcel of real property under the SubGrantee 's control that w:is acqu ired or imp ro\ed in
whole or in part with CDBG funds in excess of S25,000 will either:
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l. Be used for an eligible CDBG activity, as determined by the City and Arapahoe
County, for a minimum of five (5) years following completion of the SubGrantee 's
projects:
OR
2. Be disposed of in a manner that results in the City's and Arapahoe County's be ing
reimbursed in the amount of the current fair market value of the propert y less any
portion of the value attributable to expenditures of non-CDBG funds for :icquisrnon
of. or improvements to , the property . Re imbursement is not required after fi ve (5 )
years following completion of the SubGrantee's projects .
N. State and County Law Compliance
All responsibilities of the SubGrantee enumerated herein shall be subject to applicable State
statutes and City and County ordinances, resolutions. rules . and regu!:J.t ions.
O. Environmental Review
The SubGrantee agrees that no CDBG funds will be leg:i lly oblig:ited to any Project actt, tty before
the County has completed federal '.'oi'EP . .\ en vironm ental re'-1e w procedures. as required b>' 2-+ CFR
Part 58.
P. Subcontracts
If subcontracts are used on the Project. the SubGr:mtee :igrees th;lt the pro visions of this . .\greeme m
shall appl y to any subcontrJct.
Q. Suspension or Termination
This Agreement may be suspended or terminated b~ the City if the SubGrantee materiall y fails to
compl y with any term of this Agreement. This Agreemen t may :llso be terminated for conv en ience
by mutual agreement of the City and the SubGrantee .
R. In the e vent that the l'nit of General Loc al Gov ernment should withdraw from the Count y's
"'Crban County" designation , this Agreement shall temunate as of the termination date of the
County's CDBG grJnt Agreement with HCD .
S. The SubGrantee certifies that to the best of its knowledge and belief:
l. No Federal appropriated funds have been paid or will be paid. by or on behalf of 1t.
to an y person for influencing or attempting to influence an officer or emplo )'ee of
any agency . a :Vlember of Congress . an officer or employee of Congres s. or an
emplo yee of a :Vlember of Congress in connection with the awarding of :my Feder:i l
contract. the making of an y Feder:il grant. the making of any Feder:il loan. the
entering into of any cooperauve agreement , and the extension . continuat io n.
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renewal. amendment. or modi fica tion of any Federal contract. grant. loan. or
cooperative agreement; and ,
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or emplo yee of any
agency, a '.\llember of Congress. an officer or employee of Congress . or an employee
of a '.\llember of Congress in co nnect ion with this Federal cont rac t. grant. loan . or
cooperative agreement . it wi ll comple te and submit Standard Form-LU..
"Disclosure Form to Report Lobb ying," in accordance w1th its instruct io ns .
T. Disallowance
If it is determined by Hl U or other federal agenc. that the expenditure , in whole or in part . for th e
SubGrantee ·s Projec t or activity was improper , inappro priate or ine ligibl e for re imbursement. then
the SubGrantee shall reimburse the Coun ty to the full extent of the disallow:mce .
IV. RESPONSIBILITIES OF THE COL~TY
V.
A. Administrati\'e Control
The Partie s recognize and understand that the Count y will be the go vernmental enuty required o
exe cute all grant agreements received from HlU pursuant to the Count. 's request s for CDB G
funds . Accordingly. the SubGrantee agrees that as to its proj ec ts or acu viu es performed or
conducted under :my CDBG agreement , the Count y shall ha ve the necessary administrau ve control
requ ired to meet Hl.. U requ irements .
8. Performance and Compliance '.\-lonitoring
The Count. 's adm 1nis1rat1\e ob li gau ons to the Su bGran tee pursu nr to par;igraph ,.\ lbO\e ,h .i l! e
Ii1Tllted to the perform ance of th e ad1Tllnis trat 1\e tas ks necessary to make CDBG funds J \:.11 1 ble ro
the SubGrantee and to prov ide a '.\llonitonng Spe cialist whose job it wi 1 be to monit or th e \ :m ous
projects funded Mth CDBG monies to monit or compliance w1th apphcab le Federa l laws and
reg ulatio ns .
C. Reporting to HU>
The County will be responsible for seeing that all necessary reports :md mform:.n io n required of th e
County are filed with Hl,U and other app licable Fede ral agencies in a time!. fashion .
EXTE'.\"T OF THE AGREE,IE'.'i"T
This agreement. including any documents attached as exhib its which are hereby incorporated here in
by reference. represents the entire and integrated agreement between the City and SubGramee and
supcrcedes all prior negotiations. representations or agreements. either written or oral. Any
amendments to this agreement must be in wnung and signed by both the City and SubGr antee . If
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any portion of this agreement is found by a coun of competent jurisdiction to be void :md/or
unenforceable, it is the intent of the parties that the remaining ponions of this agreement shall be o f
full force and effect .
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In Witness Whereof, the Panics have caused this Agreement to be duly executed this ____ day of
____________ , 2001.
SubGrantee: Citv of Englewood Housing Authoritv
By: ______________ _
Title : __________________ _
City of Englewood
Thomas J. Bums, Mayor
Attest :
Loucrishia A. Ellis , City Clerk
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EXHIBIT A
PROJECT BUDGET
COLUMN A COLUMNB COLUMNC COLL~IND
ProjactA-~ToialCostot CDBG Funds Olbor Funds Commitled
(ll*ify by -~ A<lirity
C.SC=-t S4:.ooo so s~:.ooo
Supportavc Services 510.000 5 10.000 so
)
TOTAL: 551.000 5 10.000 ~:.ooo
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ORDINANCE NO .
SERIES OF 2001
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BY AU THORITY
A BILL FOR
COUNCIL BILL NO. 20
INTROD UC ED BY COUNCIL
MEMBER ______ _
AN ORDINANCE AMENDING TITLE 5, CHAPTER 3 B. SECTION 3 . SUBSECTIO:'\
B, OF THE ENGLEWOOD MUNICIPAL CODE 2000 , WHICH PERTAI'.':S TO
OCCUPATION TAX FOR 3.2 BEER ON PREMISES LICENSES AND 3 .2 BEER
ON/OFF PREMISES LICENSES .
WHEREAS , the passage of Ordinance No. 50, Series of 1980 , increased the annual
occupation tax for 3.2 beer licenses to $950.00 . in establis hments where the beer 1s
served by the drink on the premises and establishments where it can also be sold in
sealed containers for off-premises co n s umption : a nd
WHEREAS, Occupation Taxes are inte nded to cove r the increased cost of service
require d by these types of establis hme nts : a nd
WHEREAS , unttl the phase-out period of 198i through 1989. eighteen to t wenty
year olds we re allowed to co n sum e 3.2 beer; and
WHEREAS , on-premises and on/off premises . 3.2 beer establishments typically
required extra services. s uch as police and fire a nd therefore , the highest occupation
tax was imposed : and
WHEREAS, due to the change in the law whereby persons under twenty-one year
of age are n o longer able to co n s ume 3.2 bee r . the establi s hment's cu stomer s are now
adults, con s ummg the lowest alco hol-co nte nt beverage; a nd
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WHEREAS, the p assage of trus Ordinance will reduce the annual occupation tax fo r
3 .2 Beer, On-Premises Licenses, as well as for 3 .2 Beer On/Off Pre mises Licenses and
make them co mparable with Beer and Wine Licenses and Club Liquor Licenses;
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes
amending Title 5 , Chapter 3B , Section 3 , Subsection B, of the Englewood Municipal
Code 2000, to read as follows:
5-38-3: Annual License Fees and Occupation Tax.
A. Annual license fees shall be paid to the City as provide d by State law, shall
be paid in advance, and shall not be rebated or discounted on a
proportionate basis for any license in existence or issued for le ss than a year.
Said fees shall be in addition to any annual license fees or registration fees
required to be paid to the State.
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B. The business of selling at retail any fermented malt beverage. mal t , vinous
or spirituous liquors. is hereby defined and separately classified as an
occupation as specified below . The following annual occupation taxe s are
hereby established and shall be paid by the applicant or licensee to the City :
1. Retail liquor store: $300.00
2 . Liquor-license d drug stor e : 300.00
3. Beer and wine : 450 .00
4 . Hotel and restaurant: 650.00
5 . Tavern: 650.00
6 . Club: 450.00
7 . Arts: 00 .00
8 . Brew pub: 750.00
9 . Optional premises : 650.00
10 . Optional premises with hoteU restaurant license : 100.00 e ach
opttonal premises
11. Bed and breakfast: 00 .00
12 . Mini bar: 450 .00
13 . All licensees licensed to sell fermented malt be verages for
consumption both on and off the premises:~ 450 .00
14 . All licensees licensed to sell only fermented malt beverages by the
drink for consumption on the premises:~ 450 .00
15 . All licensees licensed to sell only fermented malt beverages in their
original containers for consumption off the premises: 300 .00
Said taxes shall be in addition to the annual license fees paid to the City and the
State and shall be paid prior to the issuance or renewal of the City license . No
refund of any tax paid in accordance with this Chapter shall be made to any person
who discontinues or sells his/her business during the duration of the license ;
provided , however, that the new owner of any establishment, when approved as the
new licensee, shall be credited on a daily basis for any occupation tax paid by the
previous owner for the unexpired term of the previous owner's license.
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In addition to any other remedy provided by this Chapter. the City s hall h ave the
right to recover all sums due and owing under this Cha pter by any cinl r e medy
available under existing law. Furthermore, the provis ions of Section 4-4-19.
Englewood Municipal Code.~ 2000, "Unlawful Acts", is mcorporated herei n a nd
made applicable thereto.
Sectjon 2 Safety Clauses The City Council here by find s, d etermmes. and
declares that this Ordinance is promulgated under the ge neral police power of the
City of Englewood , that it is promulgated for the health. s afety . a n d welfare of the
public, and that this Ordinance is necessary for the prese rvation of health and safety
and for the protection of public convenience a nd we lfare . The City Counci l further
determines that the Ordinance bear s a rational relation to the prope r leg1slat1ve
object sought to be obtained.
Sectjon 3 Severabjljty If any clause, sentence, p aragraph, or part of th1
Ordinance or the application thereof to any person or circum stan ces s h a ll fo r a ny
reason be adjudged by a court of competent jurisdiction mvalid , s u ch Judgment s h a ll
not affect, impair or invalidate the remainder of this Ordinance or 1t application to
other persons or circumstances.
Sectjon 4 lnconsjstent Ordjnances . All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion h e r eof a re he r eby
repealed to the extent of such inconsistency or conflict.
Sectjon 5 Effect of repeal or modjficatjon The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not rel ease,
extinguish, alter, modify, or change in whole or in part any penalty, forfeiture , or
liability, either civil or criminal, which shall have been incurred under such provision.
and each provision shall be treated and held as still remaining in force for the
purposes of sustaining any and all proper actions , suits, proceedings. and
prosecutions for the enforcement of the penalty, forfeiture , or liability. as well as for
the purpose of sustaining any judgment. decree , or order which can or may be
rendered , entered . or made in s uch actions, suits, proceedings, or prosecutions.
Sectjon 6 ~ The Penalty Provi s ion of E .M .C . Section 1-4-1 s hall a pply to
each and every violation of this Ordinance .
Introduced, read in full, and passed on first reading on the 16th day of April ,
2001.
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Published as a Bill for an Ordinance on the 20th day of April, 2001.
Thomas J. Burns. Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I , Loucrishia A. Ellis, City Clerk of the City of Englewood . Colorado, hereby certify
that the above and foregoing is a true copy of a Bill for an Ordinance, introduced , read
in full, and passed on first reading on the 16•b day of April , 2001.
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
April 16, :WO 1
Initiated By :
City Clerk Division
COUNCIL GOAL AND PREVIOUS ACTION
Decrease in annual
10 a iv Occupation Tax for 3.2
Beer On Premises Licenses
and 3.2 Beer On/Off
Premises Licenses
Staff Source:
Frank Gryglewicz, D irector oi Financial
Servi ces and Brenda Castle, Deputy Citv
Clerk
There has been no previous action regarding Fermented Malt Beverage (3.2 Beer ) On-
Premises, or On/Off Premises , License Occupation Taxes in recent years . The go al is to
bring them into line with amounts charged to other ty pes of liquor licenses .
BACKGROUND
Ordinance No. 50, Series of 1980, increased the annual occupation tax for 3 .2 beer li cens es
to $950.00, in establishments where the beer is serv ed b the drink on the premises , and
establishments where it can also be sold in sealed containers for off-premises consumpt io n.
Occupation taxes are intended to cover the increased cost of services required b y these
types of establishments . Up until the phase-out period of 1987 through 1989, eighteen t o
twenty yea r-olds were allowed to consume 3 .2 beer. On-premises, and on/off premises . 3 .2
beer establishments ty picall y required extra services. such as police and fire, and th erefore.
the highest occupati on tax was imposed.
Currently, the re is onl y one on-premises 3.2 beer establishment in Englewood, and no o n1oii
premises establishments . Because persons under twenty-one yea rs of age ca n no longer
consume 3 .2 beer, their cus tomers are now adu lts. consuming the lowest alcohol-content
beverage . Even though the likelihood o f problems in this type of es tabl ishment is
considerably lower than in most, the y are still being charged three times the amount that oii-
premises 3 .2 beer es tablishments are charged .
RECOMMENDED ACTION
Reduce the annual occupation tax for 3.2 Beer, On-Premises Licenses , as we ll as fo r 3.2 Beer
On/Off Premises Licenses , to $450 .00, whi c h is comparable with Beer and Wine Licenses
and Club Liquor Licenses .
FINANCIAL IMPACT
Beca use there is only one existing 3.2 Be er On-Premises License in Englewood, the net result
would be a loss of $500 .00 per year. There are currently no establishments in Englewood
licensed to sell 3 .2 Beer both o n and off premises.
LIST OF ATTACHMENTS
§S-3B-3 B, EMC 2000 reflecting proposed c hange
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§5-38-3, Englewood Municipal Code 2000
B. The business of selling at retail any fer mented malt beverage, malt, vinous or
spirituous liquors, is hereby defined and separate ly classified as an occupation as specified
below. The following annual occupation ta xes are hereb estab lished and shall be paid b y
the applicant or licensee to the City :
1.
2 .
3.
4 .
5.
6.
7.
8.
9 .
10.
11.
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13 .
14.
15 .
Retail liquor st ore : $300 00
Liquor-licensed drug store : 300.00
Beer and wine : 450 .00
Hotel and restaurant: 650.00
Ta ve rn : 650.00
Club: 450.00
Arts : 00.00
Brew pub : 7 50.00
Optional premises: 650.00
Option premises with hotel/restaurant license : 100.00 each optional premises
Bed and breakfast: 00 .00
Mini bar : 450.00
All licenses licensed to sell iermented malt be verages for co nsumption both on
and off the premises: ~ ~
All licensees licensed to sell only fermented malt beve rages by the drink for
co nsumption on the premises: ~ ~
All licensees licensed to sell o nl y fermented malt beverages in their original
containers for co nsumption off the premis es : 300.00
Said taxes shall be in addition to the annual license fees paid to the City and the State and
shall be paid prior to the issuance or renewal of the City license. No refund of any tax paid
in accordance with this Chapter shall be made to any person who discontinues or sells
his/her business during the duration of the license ; provi ded. however, that the new owner
of any establishment, when approved as the new licensee, shall be credited on a daily basis
for any occupation tax paid by the previous owner for the unexpired term of the previous
owner's license.
In addition to any other remedy provided by this Chapter, the City shall have the right to
recover all sums due and owing under the Chapter by any civil remedy available under
existing law. Furthermore, the provisions of Section 4-4-19, Englewood Municipal Code,
~ ~ "Unlawful Acts ", is incorporated herein and made applicable thereto .
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ORDINANCE NO ._
SERIES OF 2001
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BY A THORITY
COUNC IL BILL NO. 12
l~TROD UC ED BY COU:-.JC!L
:\l E'.\IBER GARRETI
AN ORDINANCE APPROVING THE PLA N~ED U, IT DE\"ELOP:\1ENT (P UD) FOR
CRAIG HOSPITAL CAi'v[PUS LO CATED AT THE I~TERSECTION OF OU TH
CLARKSON STREET AND EAST GIRARD AVE E I N THE CITY OF
ENGLEWOOD , COLORADO.
WHEREAS . Craig Hos pital submitted a Pl a nned Urut Deve lop me nt app h catton to
rezone the Craig Hospi tal ca mpus from R-3 High De nsity Re s idence Di s tri ct to a PUD :
and
WHEREAS , the subiect site 1s located at the intersection of Sout h Clark so n Street
and E ast Gir a r d Avenue and is co mp ose d of three pa r cels to taling -1 .9 acr es ; and
WHEREAS the apphcauon requests rezoning fr om R-3 Hi gh De ns ity Re s idence t o a
P UD to allow upd ating of t he Cr a ig Hos pita l Campus; a nd
WHEREAS , the Cr aig Hos pital campus is curre ntly zoned R-3 with a Pl a nned
Devel opment (PD) overl ay , which was approved by Ci t y Co uncil as Resolution o . 81.
Series of 1994 ; a nd
WHEREAS, the PD Ordinance was r e pealed as a r es ult of the adoption of the
Planned Umt Develop ment Ordinance in 1996 : and
WHEREAS, updating the campus to a P UD provides a n opporturuty to more clo s ly
tailor the district regulations to the specific deve lop me nt nee d s of Cr aig Hospital a nd
provides the opportunity for unifi ed development co ntrol of t he entire sne: a n d
WHEREAS , the proposed PU D site includes the origina l PD a nd a n add iuona l
parcel on South Emerson Street; and
WHEREAS , the two existing apartme nt buildings on East Girard Av e nue and the
Friendship House will be removed in order to co n struct a 4-story Fa mi.l y Hous in g
building and 6-level parking structure on the South Em er so n Street portion of the s ite ;
and
WHEREAS, the proposed Craig Hospital PUD maximum building height is within
the PUD ia propoaed for 80 feet, with the existing hospital buildings bemg a t
approximately 60 feet in height including equipment towers ; actual building height is
approximately 45 feet; and
WHEREAS the height of the proposed Family Housing building and parking
atructure ia 64 and 70 feet respectively ; and
WHEREAS. City parkinc standards require a total of 249 spaces for the ho s pita l
and bouainc uaea and the proposed provides 401 parking spaces ; and
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WHEREAS, excess parking is being provided now to relieve parking congestion in
the area and to ensure adequate parking in the future; and
WHEREAS , the proposed landscape area for the PUD is approximately 33% of the
total site and is consistent with comparable development and exceeds the present R-3
landscaping standard of 25% for non-residential use in the District; and
WHEREAS, the proposed Craig Hospital PUD is consistent with the
Comprehensive Plan, contributes to the vitality oft.he community and supports the
residential and hospital mixed-use nature of the neighborhood : and
WHEREAS, the proposal meets the intent of the PUD Ordinance by providing for a
use that is an expansion of the current use and that is compatible with the adjacent
uses ; and
WHEREAS, the Englewood Planning and Zoning Commission held a Public
Hearing on February 6 , 2001 reviewed the proposal ; and
WHEREAS, the Englewood Planning and Zoning Commission recommended
approval of the PUD;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO U NCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS :
Sectjpn 1. The Englewood City Council hereby approves the Planned Unit
. Development attached as "Exhibit A" for Craig Hospital at the intersection of South
Clarkson Street and East Girard Avenue .
Introduced, read in full, and passed on first reading on the 5th day of March, 2001.
Published as a Bill for an Ordinance on the 9th day of March, 2001.
A Public Hearing was held on the 2•d day of April , 2001.
Read by title and passed on final reading on the 16th day of April, 2001.
Published by title as Ordinance No .~ Series of 2001 , on the 20th day of April,
2001.
Thomas J . Burns, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
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I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by title as Ordinance No ._, Series of 2001.
Loucrishia A . Ellis
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C~A~G HOSIP~l Al !PlANNlED UN~l DlEVlElOIPMlENl H L
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l.JD DEV_ELOPMENT SUMMARY PUD DISTRICT PLAN
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SECOND FLOOR a
THIRD FLOOR 9
FOURTH ROOR 9
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ALTA/ACSM SURVEY
CRA IC HOSPITAL PROPE:RTY'
COUNTY' OF ARAPAHO€. STA TC OF COU)RAOO
UXA rcD IN THE: SOUTHEAST ONE:-OUARTE:R OF Sl:CT!ON J4
ANO THE: SOUTHKST ONE:-OUARTC'R OF Sl:CT!ON J5
TOIINSHIP 4 SOUTH. RANGE 68 IICST OF THE: 6TH PRIN CIPAL ilE:RIO/AN
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BY AUTHORITY
ORDINANCE NO._
SERIES OF 2001
COUNCIL BILL NO . 13
INTRODUCED BY COUNCIL
MEMBER GARRETT
AN ORDINANCE AMENDING TITLE 11 , CHAPTERS I AND IA , OF THE
ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO TRAFFI C AND
PARKING ENFORCEMENT.
WHEREAS, the City has been exp e rie ncing a n increa e in parking vio lations
throughout the City; and
WHEREAS, the City wi s hes to estabi.Jsh an o,·erall policy r egarding unpaid pm·kin g
violations and to enhance compliance with t h e payment of parking tickets throughout
the City of Englewood ; and
WHEREAS , an ordinance is hereby e tabhshed clarifying when the Departme nt of
Safety Services will be authorized to tow vehicle that have accumulated more than
three unpaid parking tickets; and
WHEREAS , an ordinance is hereby es tablished to clarify when a vehicle , which ha
been towed and impounded for unpaid parking tickets. may be relea sed to the
registered or titled owner of said vehicle;
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS :
'sectjon 1. The City Council of the City of Englewood, Colorado he reby ame nd Title
11 , Chapter I , Section I , Subsection B(2), of the Englewood Municipal Code 2000 . by
the addition of a new Subsection 2, and the renumbering of Subsections 2 through 29 .
which shall read as follows :
11-1-1: Adoption of Code.
A. Pursuant to section 44, article V of the Englewood Home Rule Charter, a nd
title 31, article 16. parts 1 and 2 , C.R.S. 1973 , as amended, there is here by
adopted by reference articles I and II, inclusive of the 1995 Edition of the
"Model Traffic Code for Colorado Municipalities," promulgated and published
as such by the Colorado Department of Transportation . 4201 E. Arkansas
Avenue , Denver, Colorado 80222 . The subj ect matter of the Model Traffic
Code relates primarily to comprehensive traffic-control regulations for the
City. The purpose of this Chapter and the code adopted herein is to provide a
system of traffic regulation consistent with State law and generally
conforming to similar regulations throughout the State and Nation . A copy of
the Model Traffic Code adopted herein is now filed in the office of the City
Clerk of the City and may be inspected during regular business hours.
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B. The 1995 Ediiion of the Model Traffic Code is adopted as if set out at le n gth,
except for the following parts and sections of article I which a r e d eclared to
be inapplicable to this Municipality and a re therefore expressly d e leted or
amended:
1. Penalty Assessments--The City doe s n ot use penalty assessments for
traffic violations and therefore all references to penalty assessm ents
and procedures dealing with pena lty assessments in any articl e or
section are expressly deleted.
~. Part 1. Section 103. is amended bv the addition of a new s ub section
to read as follows:
103(2){c) : Provisions of these Articles I and II of the Model Traffic
Code for Colorado Municipalities as a d opted s hall a pply to a ll public
highways and on private property made available for public use
where the City has contracted to provide traffic a nd parking
enforcement such contract s hall be a waiver of any objection the
owner may assert concerning enforcement of thjs Section bv peace
officers of any political sub-djvjsjon of this State and s uch office r s are
hereby authorized a nd empowered to so enforce this Code provisions
of law to the contrary notwithstanding.
i!-. & Part 1, section 106 is amended to read as follows:
Restricted Use Of Streets
(1) The use of certain streets and r oadways by motor-drive n
cycles, trucks or other co mm e rcial vehicles, bicycles . motorized
bicycle s and horse-drawn ve hicles or other n onm oto rized
traffic shall be re stricted or prohibited when a uthorized by
the Traffic Engineer and when official si gn s giving notice
thereof are erected.
(2)
(3)
(4)
For the purpose of road construction a nd maintenance a ny
street or portion thereof may, by action of this Municipality or
by agreement with other concerned road agencies, be
temporarily closed to through traffic or to a ll vehicular traffic
during the work project, and the traffic affected shall be
guided along appropriate detours or a lternative routes by
official traffic control devices .
When s igns are so erected giving notice of r estrictions or
prohibitions upon the use of streets, no perso n shall disobey
the directions or instructions stated on such signs.
The provisions of subsection (1) s hall not be construed to
prohibit the drivers of any excluded vehicle s from traveling
over such restricted or prohibited streets, other than
controlled-access roadways , for the purpose of delive ring or
picking up materials or merchandise or reaching their
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destinat10ns which occur on the~e p:irucul::ir street~. pr0v1cl,•cl
such excluded vehicle l·nter such streets at the 1ntc•rsccuon
nearest the destmauon of the , eh1cle and proceed tlwrcon no
farthe r than the nearc,t 111ter~ect1on the reafter.
Sectto n ·). T h e 1ty ounc1l of the Cny of Englewood . 'olorado hereby ,1mL•rnb Tnl,•
11. Ch a p te r lA, Sect 10 n 2 . of t he Engle \\ood .\l un1c1pal Code :!000 h) th,· ,Hlch a,n 01 .,
ne w S u bsect 10 n J , whic h s h all read as follo " s:
l l -l A -2 : lmpo undme n t o f Mot or V e hi c les.
A ve h icle. und e r a ny of the circ um s t a nces se fo r h below. 1,; co n~1den•d to 1,., 111
obstruct 10 n t o tra ffi c or a pu blic nwsa nce. Any police officPr or Code en!< re nwn
office r , at t h d irec tion of t h e City, 1s hereby alllhon z d to remon o r ,:au,e to b,·
removed, s uch obs truction or nuisan ce fro m a ny public or pn,·a e ":iy o r p!.1,,•
whe n eve r uch ,·e lu de:
A !, left una te nd ed upon a ny bridge . naduc . ,ub\\:i,· tunnel. ,ir
where such vehicle co n et1 tutes an ob,tru ·t1on to r.Jffi v
B ls k t unatte n ded upon a public" ay and 10 ,c; ,l!.,,1lil,·cl 1, to
('
D.
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G.
ce>nsu ute an obs truct io n to t rn fie . an,! he person rn ch:1rc;t· cf th.It
verucle lb 111capac1 t a t ed by reason o f mto~11·atllln nr phy,1cal 1niun w
he extent as to be unable to p ro\'lde tor its ,·ustod1· or :11,1 rupn.llc
r<:mo,·3].
lb il'ft u n atte n de d a n d 1llegally parkc upon .1 ,tr,•e nr 11lley,
illegally pa rke d so as o co nsutu ea hazard or vb,truc 1e,n to ilw
normal move me nt of tr affic;
ls left u n a t e nded on ny public stree t wtth he engrne runmn.:. ,r
with the kevs 111 the 1g111 u on s w itch o r lock.
ls parked m v10lat1o n of a ny traf 1c orrl111ancl' and 1s .rn ., .. tu.il or
potential obstructi o n or hazard to any lawful fun, 1i,n or 11m1t., th,•
normal access o a use of a ny public or pnva e prop nv
ls lcf without an operator, the opera or who has been taken 111w
custod y by t h e City a n d the veh icle. or moto r vehicle, would . therl'b~·.
be left unatte n ded upon a str eet or hi gh way or rebtnctcd p,1rk1n~
a r ea. o r othe r p ubhc n ght-of-way .
l s be mg o pe rate d upon the s tree t o r o the r pub li c way of the Cny 1s
:ippar e ntly u n s afe d ue t o t he mec h :rn 1cal co nd 1t1 on or 1s 111 such a
co n d m on that 1t co uld n ot be lega ll y o pera t ed u po n the C1 t v st r eets or
oth r p ublic w ay ;
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H . Is being operated upon the streets or other public way by a person
without a current and valid operator's or chauffeur's license , or in
violation of the restrictions imposed upon their license, or while the
person's operator's or chauffeur's license has been suspended, denied ,
revoked , or canceled by the state of issuance and there is no licensed
driver present and capable to operate the vehicle ;
I. Is found to be parked unattended on any public way in violation of
the registration requirements of the State of Colorado, or has n o
visible registration number plates attached.
~. ~s found to have al) of the foUowing :
!· three or more outstanding a nd unpaid parking tickets is s ued
within one calendar year, and
~-such tickets were not paid within forty-five (-15) days of
issuance and
g. none of the tickets as described above is currentlv unde r~
or involved in any other judicial or qua si -judicial procee ding
f!.llil
the vehicle is currently parked in or on public property, or on
private property intended for publjc use in such a manner that
the issuance of a fourth parking ticket may subject the vehicle
to being towed and impounded pursuant to 11 -lA-3, 11· l ·A-4.
This subsection is subject to all rights that the owner may h ave
regarding any hearing regarding the towing of the motor vehicle as
set forth in the Englewood Municipal Code Sections ll-lA-6 ll-lA-7
and ll-lA-8 .
Sectjon 3. The City Council of the City of Englewood , Colorado hereby amends Title
11 , Chapter lA, Section 5, of the Englewood Municipal Code 2000, by the addition of a
new Subsection C, which shall read as follows:
11-lA-5: Disposition of Impounded Vehicles When Ownership Has Been
Established.
Whenever a vehicle has been impounded in accordance with provisions of this Article,
and ownership has been established to the satisfaction of the City or Hearing
Officer. or legitimate claim has been made . the owner or claimant will be notified of
the location of the vehicle and the owner's or claimant's liability for all fees pending
against the vehicle , and the owner's right to request, within ten (10) day s after
receipt of this notice , an administrative hearing to determine the legality of the tow.
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A. No vehicle will be released from storage or imp ound unttl all fee s
accrued for towing and storage are paid .
B . If the vehicle is n ot claimed within fifte e n (15 ) days afte r notice h as
been given to r e m ove the vehicle , the provis ion s of Engle woo d
Municipal Code Section 11-lA--I of this Article s hall apply and the
vehicle may be disposed of in acco rdance with the provis ion s of said
Englewood Municipal Code Section 11 -lA--I , Di s positi on of Cncla1m ed
Impounded Vehicles.
Q. No vehicle shall be released until the owner establi s hes t h at a.1]
unpaid parking fines and costs have been paid to the Citv . or s u c h
Q1ber arrangements have been made and a pprove d bv i\lun1 c1 a l
Court order. Such proof s hall be establi s h ed bv a rel ease issue d bv
the City and signed by the Parking Re fe r ee or hi s /her de,ign ee .
Sectjon 4. The provis ions of this new E .M .C . Subsection l l-1A-2 (J). s h a lJ app ly
only to those parking tickets issued after the date of e n actme nt of this Ordinance .
Sectjon 5 Safety Clauses The City Co uncil h e r eby find s, d e t e rmines , a nd
declares that this Ordinance is promulgated under the ge neral police pow e r of the
City of Englewood , that it is promulgated for the h ealth . safety , a nd welfare of t h e
public, and that this Ordinance is necessa ry for the preser vation of health a nd s afe t y
and for the protection of public convenience and welfa r e . The City Co uncil furthe r
determines that the Ordinance bears a r ation a l r e lation to the prope r legislative
object sought to be obtained.
Sectjon 6 Seyerabjljty If any clause. se nte nce . paragraph, or part of this
Ordinance or the application thereof to any pe r so n or circum stan ces s hall for a n y
reason be adjudged by a court of competent juris diction invalid, s u ch judgm e nt s hall
not affect, impair or invalidate the remainder of this Ordinance or it application to
other persons or circumstances.
Section 7 Inconsistent Ordinances All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion h e reof a r e h e r e by
repealed to the extent of such inconsistency or conflict.
Section 8 Effect of repeal or modjficatjon The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance s hall n ot r e lease,
extinguish, alter, modify, or change in whole or in part a ny pe nalty , forfeiture . or
liability, either civil or criminal, which shall have been incurred under s uch provis ion.
and each provision shall be treated and held as still remaining in force for the
purposes of sustaining any and all proper actions , suits. proceedi ngs, a nd
prosecutions for the enforcement of the penalty, forfeiture . or liability. as we ll as for
the purpose of sustaining any judgment. decree . or order which can or may be
r e nde red , e ntered , or made in such actions, suits, procee dings , or prosecutions.
Semon 9 ~ The P e nalty Provi s ion of E .M .C. Section 1--1-l s h a ll app ly t o
eac h and eve ry violation of this Ordinance.
Introduce d . r ead in full. and pa ssed on fir s t r eading on the 2nd day of April , 2001.
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Published as a Bill for an Ordinance on the 6th day of April. 200 l.
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Read by title and passed on final reading on the 16th day of April , 2001.
Published by title as Ordinance No . _, Series of 2001 , on the 20th day of April ,
2001.
Thomas J . Burns, Mayo r
ATTEST :
Loucrishia A. Ellis, City Clerk
I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby ce rtify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by title as Ordinance No._, Series of 2001.
Loucrishia A. Ellis
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ORDINANCE NO ._
SERIES OF 200 l
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BY AUTHORITY
COUNC IL BILL NO . 16
INTROD UCE D BY COUNC IL
:'v!Ei\!BER GAR.REIT
AN ORDINANCE AUTHORIZIKG A .. LI CENSE AGREEME:\T" FOR TELEPHONE.
WATER AND ELECTRI C ACROSS THE CI TY DITCH TO POAG AND McEWEN
LIFESTYLE CENTERS-LITTLETON L.L.C.
WHEREAS , the POAG & :\1cEw en/Aspen Grov Life s tyle Ce nter Properties
requested a License Agreement fo r t he purpose of co ns tructing te lephone. wate r a n d
electric across the City Ditch m the new deve lopm ent .. As pe n Grove .. : a nd
WHEREAS. Cro s ing ~o. 1, for a uuhty co ndwt t r e nch fo r power a nd telephone
co ndu..its ; and
WHEREAS. r oss ing :-:o. 2. 1s fo r a wa t er roam to se rvi ce th e area : a nd
WHEREAS, powe r , tele phone and water are a ll loca ted m outh Santa Fe Drive
and these lines must cross Engl e wood's City Ditch to se rve the .. As pen Grove ··
development; a nd
WHEREAS , both Cr oss ings a r e a n a pprove d dj tance beneath Englewood's e xi s ting
City Ditc h pipe ; a nd
WHEREAS , prior to co nstruction, As pe n Gr ove rep la ced the exi sting ope n Ci ty Ditch
line with a 60" encl o ed reinforce d co ncr ete p ipe to preve nt seepage into th e futur e
developm e nt; a nd
WHEREAS , co nduits we re laid prior to the 1ty D1tch pip e in s tallat10n to prevent
disturbing the City Ditch after t he pip e wa s ins talled ; a nd
WHEREAS, the Englewood Water a nd ewe r Boa rd r eco mm ended Cou ncil app r oval
of the "License Agreement for the City Ditch to POAG a nd McE we n Life styl e Ce nter s-
Littleton at its January 9, 2001 meetmg;
NOW , THEREFORE. BE IT ORDAINED BY THE CITY COUNC IL OF THE C ITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Sectjon l. The "License Agreement" to the POAG and McEwen Lifestyle Ce nters -
Littleton for the purpose of constructing telephone , water and electric lines acr os th e
City Ditch, as described in Exhibit "A", is hereby accepted and approved by the 1ty
Council of the City of Englewood, Colorado .
Section 2. The Director of Utilities is authorized to execute the ·'Lic ense
Agreement" for and on behalf of the City of Englewood, Colorado .
Introduced, read in full, and passed on first reading on the 2nd day of April. 200 I .
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Published as a Bill for an Ordinance on the 6th day of April, 2001.
Read by title and passed on final reading on the 16th day of April, 2001.
Published by title as Ordinance No .~ Series of 2001, on the 20th day of April ,
2001.
Thomas J . Burns, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by title as Ordinance No .~ Series of 2001.
Loucrishia A. Ellis
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LICE~SE AGREE:\<IE'.\T
d :i > o f THI LI C E:\SE ..\GREE'.\IE:'l'T . m:ide :ind c"nt,·r,· 111 to :i s o f thi s
--------· ::.OOO . by and bet\\·een the Cit> ,,(E11g k "''''d. J municipal co rp or::n io n 0 1the
tate of Col orad o. ::ict ing by :ind through its Water and t'\\<:r n ,nrd [the ··Ci ~·-·] :ind :.\ pen Gro ,·e
Life s~ le Cente~ Pro penies . LLC. a De la":ire \l eml:ier-111 :111 .1gc·d limited li:ibi li~· co mpan >. It
succe sso rs and ass igns r--ucensee .. ].
WH E RE AS . Licensee is the o"·ner o r cen:iin re:11 rm1pc rt> lo c:ned in .-.\ra p:i hoe C o unt \.
Co lorado . which propert~ lie s in the south h:i lfo fSec tion 2<1 . l",,"nsh ip 5 o mh. R:inge 8 \\·e st o f
the Sixth Princip:i l :--V!eridi:i n. Co unty o f.-.\rap aho e. St:ite ofCnl,,r:i do [th e ··AG L C P Pro pe r~·--]. :i nJ
\\"HER£..\S. In co nne ct io n with the L1 ce ns ee·s ,k c·l"J'lll <:111 ,1 ·1he .-.\GLC P Pro pe1 .· he
panie s de s ire to :i!lo ,, he Licensee to install Jnd m:i i111 . 111 uulit > !t nc·s .md util i~ co nduit trc n ·h e s
in tha t pan 0 1 he Engle " od Ci ty Dit ch R1g ht-0f-\\".i > dcp 1c 1 ·J ,,11 E,h 1 1t -.\ n:ichd here to JnJ
made :i p:in !1ere o · [ the ··E ng le\\ ood C i~· Ditch Ri g ht-of-\\ a~ ··1
'.\O\\. THEREFO R E. In co nsid era11o n o t"the pn.:111 1,,·, .rnd th t' mutu I o ,enant 0f h.:
p 1es. o re a m ul a rl > hcr emafter et forth . the :id equ:1<.:> .111 J s11tlic 1..:nc> o f" ht h :i re her e
:i kn o " le d;ed . 1 1s :ign:ed ::is fol lo "·s :
l.1 ·~n, · Grant ed . Th.: Cit>.,, 1t ho ut :in> \\J rr:1111> ,H 11 s u tk L'r intcr.:st "·hm so e, er.
her e t>~ auth 0nze s 1cen see . It successor s. ::iss ign s. cun1 r:1c h1 rs. a nd sub-..:ont ra ct0 r . to inst::ill.
onstruct. .:n arge . re ::i1 r. replace. rem o\'e. and m:i in t 111 un J ..:rg ound utiI11y li ne J nd co ndu1
tren 'h s. 111 lud ing ut no t lim ited to g:i,. \\Jt er. ..:k~111ut> Jnd t.:kpho ne 1111.:s. :ind JI !
:ip un n:ir. e re i:ited there to [the ··Licen sed l e s .. ]. "11h111 . thro ugh . o , e r. und.:r :ind :i ro s tht'
E:1gk"oo d C11 ~ D1t ·h Rig ht-,,f-\\'a> 111 th ose lo c u ons J c p1L ic·J o n F\h1l:i11 B a nacht'd he ret o :i nd
mad e J pan he reo 1· [tilt' .. Licen sed .-\rc:.i s .. J.
1 C i , -.\ppr o\·al otT e .. -.\n > constru uon o r us · cn11 tcmp!Jte d o r perfo rmed under this
Licen se hall co mply with and co nfo rm to t:rnd ar ds fo rmu l:n..:d b> the Director of L'tili tie s of the
Ci~· o f Englewood :ind uniformly applied to ·u h c rossi ng lic..:ns es . :ind s uch co nstru ctio n and use
shall be performed :i nd co mple ted according o plan s app ro ve d h~ the Ci t).\\ hi c h app ro ,al shall not
be unrea sonabl y "·ithheld . condi tioned or del:i> ed .
3. Cit, ~otice . The Licensee shall not ify the C it > ·3 Dire to r o f ·u liue s at le :i st three
(3) day s pri or to the ti me of co mmenceme nt of the con str uc tio n of. o r an y rep a ir s made to . the
Licensed Cses so tha t the City may. in its di scretion. inspect s uch o per:.it io ns .
-.. Res to ration . Within thirty (3 0) days fo ll o~ing the date o f co mmencement o f
const ruct io n of the Licensed Uses, the Licensee shall co mplet e such construction. place :.ind maintain
permanent, vi sible markers , ofa type and at such locati o ns as designated b) the Cit> ·s Director of
Utilities . and shall clear the Licensed Areas of all con struct ion debr is and resto re the :irea to its
previous condition as near as may be reasonable . In the eve nt the plac ing of the m:irkers and th e
clearing and restoration of the Licensed Areas is not completed within the ti me s pec ifie d. the City
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may complete the work at the sole expense of the Licensee. All trenches or holcs within the City·s
rights-of-way shall be backfilled and tamped to the original ground line in layers not to exceed s ix
(6) inches loose measure to a co mpaction of ninety percent (90%) Standard Proctor \ilaximum
Density.
5. CitY·s Riehts . The City shall have the right to maintain. install. repair. remo\·e or
relocate the City Ditch or any other of its facilities or install::nions within the Englewood City Ditch
Right-of-Way, at any time and in such manner as the City deems necess;iry 11r .:c,n\·enient. The City
reser;es the exclusive right to control all easements and inst;ill ;itions ove r thc Engle\1ood City Ditch
Right-of-Way.
6. Repair or Replacement . Any repair o r replac..:ment of an~ City in s tallation made
necessary. in the reasonable opinion of the City·s Director .. ,f Lt ilities. hec:iuse of the constructio n
of the Licensed Uses or other appunenant installation thereof. shall be madc :it the sole expense of
the Licensee.
7. lnc omorati on into Contr:ict. The s tipu l:nion :m d co nditi o ns of thi s L ice nse s hall be
incorporated int o contract specifications if the u e herein :iutlwrized is to he done on a co ntract basi .
8 . License Subject to Pri o r A uree ment s. The rights and pri1 ·ileges gr:mted in th is
License s hall be s ubject to prior agreements. licenses and/o r grants. rec o rded or unrecorded. and it
shall be the L ice nsee· s sole responsibility to determine the existence of sa id documents o r conflicting
uses or installations.
9 . No Interference of Public Sen·ices. Licen see s hall contact :md fully coo perate with
the City·s personnel and the construction of the Licensed Us es s hall be completed without
inte:ference by Licensee with any lawful. usual or ordinary flow of 11Jter through City Ditch.
L ic.:n see assumes all liabi lity for the pre se nce o f storm waters o r s urface water in Cit~ Ditch arising
out of the Licensed L ses.
I 0. Licensee·s Liabilit\'. Licensee. by acceptance of this License . expressly assumes fu ll
ar.d strict liability for any and all damages of every nature to persons or propeny caused by water
from City Ditch leaking through the Ditch banks or pipeline at the point o r poi nt s 11here Licensee
pe:forms work in connection w it h the crossing license provided hereby. Licensee assumes all
responsibility for maintenance of the installation of the Licensed t.:ses .
IL Indemnification. Subject to C.R.S. 24-10-101. et. seq .. Licensee shall in demnify and
saYe harmless the C ity. its officers and employees against any and all claims. damages, actions or
causes of action and expenses to which it or they may be subjected by reason of said Licensed Uses
being within and across the Englewood City Ditch Right-of-Way or by reason of any work done or
omission made by Licensee . its agents or employees. in connection with the construction .
re;:,lacement . maintenance or repair of said Licensed Uses.
12 . Remedjes. It is expressly agreed that in case of Licensee· s material breach of any of
the within promises. City may. at its option, have specific performance thereof. or sue for damages
resulting from such breach .
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F WP700CS .1000 ,::1~ .\G-Gi:nerJ I r &.:~·1AG· 1: I 800°L1c cnKA1ij ~err:C"nt(U 11ICros.s )l 3 t "rd
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13. Termination. Upon abandonment ofany right or pri\'ilege herein granted, the right
of licensee to that extent shall terminate. but its obligation to indemnify and save harmless the City,
its officers. employees and agents. subject to C .R.S. 24-10-1 0 1. shall not terminate in any event.
14 . Assignment. Licensee may assign all of its rights and obligations pursuant to this
License to any entity which acquires title to the AGLCP Property. TI1c foregoing notwithstanding.
this License is assignable only with the written permission of the City. which permission will not be
unreasonably withheld, conditioned or delayed.
In granting the above authorization. the City rcser\'c'S the right to make full use of the
Englewood City Ditch Right-of-Way as may be necessary or cunvcnient in the operation of the water
works system under the control of the City.
IN WITNESS WHEREOF. the parties hereto have e:--.ecuted this Agreement o n the date and
day first above wri nen.
CITY:
CITY OF ENGLEWOOD
LICENSEE:
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APPRO\'ED :
Stewart !7nnda
Director o f Utilities
Aspen Grove Lifestyle Center Properti es. LL C
a Delaware Member-managed limited liability
company
By : Poag & McEwen Lifestyle Centers--
Lit1ieton . LLC. its M~~er
By : 9 ~7 -4'., )J, f.r7
Title : $!'crrnr7
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STATE OF Ten;1esse. e.
COUNTY OF S~e-/,
On this the / &J ~lay of VeGeY"I. he ( . :::ooo. before me personally appeared
flSH /If,. ""Q. ~ known to me to he the r of Poag & McEwen
Lifestyle Centers Littlon. LLC, a Delawarl! limited liability comp .' and acknowledged that
~ executed the within and foregoing instrument. and ad.nowledged the said instrument to be
the free and voluntary act of said limited liahility compan~ for the uses and purposes therein
mentioned. and on oath stated that .lu..:.._ was authorized to l!Xecute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written .
My Commission Expires:
Prepared by and Return to:
Notary Public
Address
Lisa A. Sammons
Bernstein Law Otlicc
555 Perkins Extended. Suite :::50
Memphis. Tennessee :iR 117
(901) 68:::-6658
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F WP"DOCS\1000'..Rles1 ·ACi-Gcncral \P&:.MAG-I~ 1 IOO-L 1censeAprmcntf Uu lCrou i JI wpd
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BELL SURVEYING COMPANY
SOO !<ALAMATH ST'. • CENVEA, CO . 80204
( 303) 929-01SS F/4X S%~-77 C9
~TE : 1/05/2001 ~ "'-
Orc:tarac:I 9y: OIIMO EVANS a: ASSOCIATES a::,,
EXHIBIT A
CROSSING LICENSE AGREEMENT EXHIBIT
NO. 1
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Orawing No.
0 1 0 1 -1 03
SHE:rr 1 OF' 2
A CROSSING L ICOISE F'CR UTIUTV PU~$£$ OVER " PORTION OF' THC Ell.ST' 1 /2 OF S£CT10N
29. TOWNSHI,. 5 soun.. AANCE 68 WEST Cf' n1£ 8TH ........ :::::iUNTY OF' AAAF' .. o10E . STAT!:: OF'
C:O\..OAAOO . SAID 1.ICENSi: &£INC 10.00 FEr.' IN WIOT"1'4 IIEJNC ~.00 F'EE;":' ON EM:H SIOE OF Tl-i E
F'OL:.OWINC CESCRIBEO CENT'ERUNE:
IIEi:,I NNINC AT A F"OINT ON Tl-I£ NOATI-IWESTER"°Y R .0 .W. UNE ;F 'n<E CIT'!' CITC H. WHENCE:
THE C~T'ER 01" SAIC St~ON 29 8E:Nt$ N 0,-07'1 1 • W A Ol~ANCE OF' 2204 .74 FEE:-:
TI-!ENCC S 04•44•:z2• E 25 .00 !'£ET TO n,,c ~INT OF' TEf'MINUS ON 'T'H t S0UT1-4EASTe:RI.Y
R .O.W. LINE Of' THE crT'r orTC:H ".o.w .
F'OR THE F'URPCSi"S C, T'l-1 1$ OESCRIPTI CN TI-E BASIS Of' &~RINGS IS THE NO"TI--SOI./TH
CENTE;:ll,.J Nt Of' SAIC st;':'ION 29 8E'!NC N oo-oe·2y E.
1"40. 2
A C"'OSSING UCt.'lfSE FOft WATER UNE P~IIPOSES C)VS'_R A PORTION Of' THE e:.AS':' 1 /2 OF
SEC':'TON 29, To-s...-5 SCIJTH , RANCE 68 WEST OF TI-IE I™ P .M .. COUNTY OF ~-OE,
STA':'£ OI' C~OlltllQO , S.,.1C 1.IC€NSE 8£iNG 30.00 ~ IN WICTM 8EINC 10.00 .-cE:"" ON TH£
NOR~Hc.t.s'Tt"LT SIC)( ANO 20.00 "£ET ON TME SOUTH~RLY SICE 0,-TMf: FO\.._OWINC
D£SCR1t1C) CENT'ERLI NE:
IKCtN"IINC AT " POI~ ON THE NOR™WESTERI..,. R.O.W . I.IN! OF' THE Cl'TV D1T:::,,;. WHENCE n.e: CEN~ Of" s,.,c SEC~ION 29 SCARS N 3~· 1 o·oa· w A CISTANC:i Of" l 1 1 2 .28 F"E::T :
Tt1ENC E S 111'52'40" E 55.DO i"ECT TQ TM E POINT 0,-TE1'1t,OM.:S ON T1'1E SOI./TH~"°'!'
".o .w . UNlt 0,. T1'1E C:l'r DrTC:H R .Q.W.
FOR TI-IE F>UR?OS.:S Cf' TH IS C)€SCRIP'l"ION Tl-iE BASIS OF' BURINCS tS THE N0~H-S0UT11
CENTE~i.:NE Of' SAIC S£CTI0N 29 ICING N oc-oa·2y E.
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DETAIL taosslM-1 1
POID I TILIPHOME CIOSSJMC
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COUNCIL COMMUNICATION
Date Agenda Item Subject
April 16 , 2001 10c i Purchase of Stake Bed Truck
with Lift Gate
Initiated By Staff Source
Department of Parks and Recreation Jerrell Bla ck, Director of Parks and Recreation
Da ve Lee, Manager of Open Space
COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION
Council has previousl y approved the purchase of Parks vehicles through the Capital Equipment
Replacement Fund (CERF).
RECOMMENDED ACTION
Staff recommends Council approval, by motion, of ~e purchase of a 2001 Dodge Stake Bed Truck with lift
Gale from Carlin Dodge for use by the Parks Department
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The new stake bed truck will be purchased through the State Bid process and w ill replace a 1993 Che vro let
Stake Bed Truck Unit #51 77 . This vehicle is also used by other departments wi thin th e City. This tru ck is
used for lifting heavy objects/materials (ove r 50 pounds ).
FINANCIAL IMPACT
Funds are available in the 200 1 Capital Equipment Replacement Fund for the new truck. The total cost of
the stake bed truck with lift gat i;. ~ ,066.
LIST OF ATIACHMENTS
CDOT Bid Specifications
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SERVICENTER GARAGE
SUMMARY SPECIFICATION SHEET
FOR
NEW VEHICLES
STATE AWARD ~
IF YEs. AWARD# Q?o 48 YYY44tt
NO
MANUFACTURER OF VEHICLE -~..-.::;;;..:;..:,,"1,.,_€=------
MODEL OF VEHICLE
AIR CONDITIONING {$) NO
AUTOMATIC TRANSMISSION ~ NO
POWER WINDOWS YES ~
POWER DOOR LOCKS YES ~
4 WHEEL DRIVE YES ~
ALTERNATIVE FUEL OPTION YES ~
C E R F REPLACEMENT (§:) NO
NEW ADDITION TO FLEET YES @
DEPARTMENT VEHICLE ASSIGNED TO n'J.f<D
COMMENTS :
"Base Vf',ee 10,tA auto TiansQ li>hl da~) :$ 188'28~ i
Stake W = ~ rea2 L ,-re yate = 119e0CB-
Toti I= '$"'d.30{6t:!2, ~faces u11t ,5(7'2
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COUNCIL COMMUNICATION
Date Agenda Item Subject:
A ril 16, 200 1 10 C ii Pu rc hase Fro nt End Lo ad er
INITIATED BY: STAFF SOURCE:
De artment o f Publi c Wo rk s Ke n Ross , D irect o r of Pub lic Wo rk s
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Coun c il approve d th e 200 1 Bud ge t contain ing a list in g of City ve hicles to be rep lace d in 200 1.
The list included Unit N o. 3 16i.
RECOMMENDED ACTION
Approve, by motion, the purchase of one Volvo LSOD front end loader from Power Equipment
Company in the amount of $i2,444.00.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Public W o rks Stre ets Divisi o n c urrently utilizes a fro nt end lo ad er ve hicle fo r co nducting man y of
its dail y projec ts. Unit No. 3 16 i is scheduled fo r replace m ent in 200 1 throu gh th e Capital Equipm ent
Replacement Fund (CERF ).
FINANCIAL IMPACT
Request fo r Bids w ere se nt to five (5) ve ndo rs; fou r Bid Pro p o sals were rec eive d.
Wa gner Equipm ent Company
H o nnen Equ ipment Co mpany
Univ ersal Tra c t or Company
Power Equipm ent Comp an y
$1 00,350.00
86,800.00
82 ,085.00
i:1,444.00
Po w er Equipm e nt Co mpany, th e low bidder, submitted bids fo r two di ffe rent m o dels . One bid
complied with City techni cal requirements, th e oth er did no t. Th e technically acceptabl e b id, from
Power Equipment Company, is in the am o unt of $i2.444.00.
LIST OF ATTACHMENTS
Bid Tabulation Sheet
Summary Specification Sheet
Bid Proposal from Power Equipment Co.
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City of Englewood Bid Tabulation Sheet
Bid Opening Date: March 26, 2001 9:00 a.m.
Bid Item: Four Wheel Drive Loader
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Shop
Four Wheel PARTS Service
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Vendor Drive Loader MANUAL Manual Total
PowerllottveCorporaUon N/R N/R
Attentton: Don Anderson
5000 Vasquez Blvd.
Denver, CO 80218
Universal Tractor Company $81,835.00 $125.00 $125.00 $82,085 .00
AttenUon: John Thompson
815 Wadsworth Blvd.
Lakewood, CO 80215
Wagner Equipment Company $100,100.00 N/C $250.00 $100,350 .00
Attentton: Jim Webster
P.O. Box 17620
Denver, CO 80217
Honnen Equipment Co. $86,800.00 N/C N/C $86,800.00
Attentton: Ery Graham
5055 E. 72nd Ave.
Commerce City, CO 80022
Power Equipment Company $69.184.00 N/C N/C $69,984 .00
Attention : Rick Johnson
P.O. Box 28
Denver, CO 80201.0028 $72,4".00 N/C N/C $72,4".00
N/R • No Rnponse
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Exceptions :
None Listed. See Specifications
exceeded notes. Also optional
attachments and cost.
See exceptions
Exceptions as listed.
Bids received on two different models .
See additional Information. 0
FOUR.WHEE L.DRIVE LOADER.TAB
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STATE AWARD
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SERVICENTER GARAGE
SUMMARY SPECIFICATION SHEET
FOR
NEW VEHICLES
YES
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IF YES , AWARD# ___________ _
MANUFACTURER OF VEHICLE (}·)oo
MODEL OF VEHICLE L...5o D
AIR CONDITIONING mj) NO
AUTOMATIC TRANSMISSION ~ NO
POWER WINDOWS YES ~
POWER DOOR LOCKS YES ~
4 WHEEL DRIVE @=) NO
ALTERNATIVE FUEL OPTION YES ~
C E R F REPLACEMENT ~ NO
NEW ADDITION TO FLEET YES (@)
DEPARTMENT VEHICLE ASSIGNED TO Q'J. 3 '7 (S'taetllpt).
COMMENTS :
4 J?,J5 c.ec /eD?~ I ~t b,JJf='r (£)gs
1.a (e)J . Csr( ~o laceme?l t v fur (J.n,t 316?
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FOUR WHEEL DRJVE LOADER
Minimum Specifications
MINIMUM SPECIFICATIONS
1. Successful bidder shall pro\i de a one (I ) day session of operation and service training (6 hour s
minimum ) at a mutually agreed upon time and place .
2 . Successful bidder shall pro\·ide a list of parts that will be stocked locally or give wri n:n
guarantees of parts delivery ti me and shall list field service availability statewide.
3 . Successful bidder shall pro\·ide two (2) copies of all parts , shop , sel'\'ice and operanons manual
at time of delivery . Payment for the complete unit shall be withheld until such has be::n
deli vered.
4 . The FOUR \\'HEEL DRJVE LOADER shall be new and of the manufactures most cur.em
model unles s otherwise authorized and approved by the City of En gl ewood .
5 . The FOUR \\'HEEL DRI\ "E LOAD ER shall meet all Stat e an d Federal regu lations.
6 . The FOUR 'w"HEEL DRI\1: LO ADER shall be painted ac co rd ing to options (include color
options , if available ) pro vided by the manufacturer.
7 . The FOUR WHEEL DRIVE LOADER shall be assembled, serYiced and ready to be placed in
service upon delivery.
8 . Vendor or manufacturer must , at the request of the C ity of Engl ewood, demonstrate the loader at
a location chosen by the customer and in the presence of authorized cus tomer representatives to
prove out any features which may be in question . Failure of the demonstration unit to meet
minimum customer requirements may be reason for not awarding the bid as proposed..
9 . DELIVERY: Unit delive::· time \viii not exceed 90 days after order is placed.
10 . PRICE QUOTE: Price quote will be valid for 60 days.
11. WARR~NTY: Shall be the manufacturers standard and shall be specific where coverage and
responsibilities are concerned. Warranty work shall be done with no expense incurred by the
City of Englewood ( example : trucking back to vendor or field mechanic mileage , etc .). The
warranty Stan date shall be the date the FOUR WHEEL DR.IVE LOADER is delivered to and
accepted for payment by the City of Englewood.
12 . Vendor will provide necessary manufacturers literature to document all specification
compliance. Vendor will highlight indicated specifications and/or specification deviations
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FOUR WHEEL DRIVE LOADER
Minimum Specifications
13 . The prospective bidders shall separately record any proposed specification deviation from that
listed by the City of Englewood specification and shall furnish as pan ofthis bid proposal,
catalog, information and specification sheets which fully descnbe the FOUR WHEEL DRIVE
LOADER and proposed specification deviation.
Meets or Exceeds All Specifications
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FOUR WHEEL DRIVE LOADER
Minimum Specifications
1. GE~tR.\L: The intent of this specification is to describe an articulated, four-wheel dri ve,
rubber tired loader. The loader will be equipped v,ith a hydraulically detachable, hook-on, and
1. 75 cubic yard minimum bucket. The loader will be equipped with automatic bucket leveling,
a bucket level position indicator and adjustable boom kick-out. The loader should be equipped
\1\ith hydraulic operated, hook-on connections to allow quick change of varied attachments.
Maximum loader height will not exceed IO feet 6 inches. Unit must be capable of clearing a
trailer sidewall height of 10 feet , with a fully loaded buck (vendor to specify this dimension in
attached literature).
The loader \1\ill be new, unused, and of the manufacturers· current production model (state how
long the particular model proposed has been in production). All items categorized, as standard
equipment on the equipment spec ification sheet will be pro,·id ed. Materials used shall be at
least minimum standards and of a quality currently used commercially, conforming to current
engineering and manufacturing practices . All components of the loader shall be of proper siz e
and design to safely withstand the maximum stresses imposed. All attachments . accessories.
tools or other components normally furnished for the efficient operation of the loader shall be
included. All hydraulic cylinders shall have re-pack capability. Hydraulic system is preferred
to have add-on capability for other functions .
2 . WEIGHT: Operating weight shall be a minimum of 17 ,000 pounds and will not exceed a
maximum of 24,800 pounds if counterweights or tire ballast is required. Vendor shall pro.ide
ratings for breakout force and operating capacity (static tipping load) for straight and angled
operating conditions .
AL TERNA TES PROPOSED SHALL MEET !vlr.\llMUM SPECmCA TIO !.
Description : ____ _,_,~"'-e.,._e"-'ts.....,,ocer~E,.,_xc"'e"-'e"-'d .... s,._,_,A""l .... l ~S"-'p..,e..,c""i""'f-"'i..;.c.s,.a.:.t,..;io,._,n,.,s'------------
.3 . BUCKET: Shall be general purpose, and have a minimum capacity of 1.75 cubic yards . It
shall include a replaceable, bolt-on cutting edge and bolt-on teeth and segments. Shall have a
minimum dump height of 8 feet 4 inches at an angle of 45 degrees . Shall have automatic kick
out at full lift height and automatic bucket positioner.
AL TERNA TES PROPOSED SHALL MEET MINI!v1UM SPECIFJCA TIO N
Description: ____ _,_,M"'-e=e t=s~o_r_Ex,.,,. c~e=e..,d~s~A-1_1 ~$...,p.,.e ... c~i-f_i-c-a~t ~io~u~s~----------
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FOUR V..1-IEEL DRIVE LOADER
Minimum Specifications
. .
4 . ENGINE: Shall be a 4 cycle , turbocharged diesel with a minimum 100 net fl ywhe el
horsepower at governed RPM. A low exhaust emission (compliant with 1997 EPA air quality
regulations) engine is desirable. The engine will be liquid cooled (antifreeze to -40 degrees
f.), electric start , pressure lubricated w~th full flow filters , ha ve dry , se vere se rvi ce air cleaner
and full instrument panel with fuel , water and eng ine oil pressure gauges , engine hour meter ,
volt meter and a master electrical system disconnect. Vendor shall specify rate of fuel
consumption under full workload conditions at go verned RPM. Unit shall ha ve rain cap if
straight vertical exhaust is used . Unit shall ha ve cold weather starting aid conuolled from
within the cab and 110 volt engine block heater . The unit shall have automatic shut down for
high engine temperature or low engine oil pressure (alarm indicator for the condition ), or an
audible warning alarm (please specify whic h is installed ).
Al TERNA TES PR OPOSED SHAU 'MEET MI NIMUM SPECIF ICATI ON
Desc ri ption : ___ .,..,M.:.ee~t=s~o~r~E=x .=.c e=e=d=s~A=l -=-l _S=o:..:e:..:cc.:ic.:f-=i .=.c =.a t=1=· o=n'-=s'--------------
5. TR.\NS'.\flSSION: Hydrostatic dri ve transm is sion with sing le le er shift contro l and high. low
speed ranges . It shall be manufacturers standard power shi ft ty pe ,~i th a m1 rumum two (~)
forward speeds and one (1) re verse speed (please specify ) and sha ll ha ve a neu tral start
provision. A re verse !!ear warnimz alarm is required . Transmi ssion shouJd allo w rang e an d
direction change at full engine operation (demonstrable pri or to purcha se ). L:mt ,,,11 hav e
'·freewheeling" uansmission to allow unpowered loadin g onto a fla tbe d trailer th.r ough th e use
of a winch . A transmission oil cooler will be pro vided . Unit sha ll ha,·e one of th e tnre e
following protection systems (or equi valent ; to monitor tran smission temperature and pre ssure
(please speci fy):
I. Auto shut down for high temperature or low OJI pre ss ur e.
2. Auto shift to neutral for high tempe rature or low oil pr ess ure .
3. Light with audible alarm for high tempe ratur e or low oi l pr es sure .
ALTER.NA TES PROPOSED SHALL \11:ET MJNIMU}..1 SP EC IFI CA TI ON
Description : __ __,M.,,,e:..:e'-"t"'sc....::.o.,_r--'E==x.,.,·c:..:e,_,ec.:d.::.s_A""l=l=--=S:..cpc.:e.:.c .:.i .:..f i:::.:c:..:a:..:t:.=i:.::o.:.:n.::.s ____________ _
6 . DIFFERE!''TIALS/AXLES: Shall be manufacturers standard. indicate whether unit has
limited slip differential , differential lock or other type of devise to reduce wheel spin .
Description : ___ --H....,e'"'e __ t.c.s--'-or"--'Ec..x--c--e--e.c.d.c..s_A_l_l'---S ... o-'-e"'"c.c..i .... h c... c'-a ..... t_i _o_n"'"s ___________ _
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FOUR WHEEL DRIVE LOADER
Minimum Specifications
7. BRAKES: Service brakes shall be four-wheel power boosted manufacturers standard on all 4
wheels (please specify ). Parking brake shall be hand lever , foot le ver or electronicall y applied
v.i th warning light and/or audible alarm when applied with transmission in gear . Se condary
braking shall be manufacturers standard (please spec ify).
AL TERNA TES PROPOSED SHALL MEET MINIMUM SPECIFICATI ON
Description : ___ ~M=e=e~t~s~o~r~E=x ~c e~e=d=s~A=ll~S~p~e =ci=· f=i=c..;;.a ~t i=· o~n=s ___________ _
8. STEERING: Shall by hydrostatic articulation -minimum 35 degrees (please spec ify ). Shall
have dead engine steering capability .
AL TERNA TES PROPOSED SHALL MEET MINIMUM SPECIFIC A TIO!'!
Description : ___ ~t-'~.e=e=t -=-s'-o=r~E'-x ~ce'-e'-'d=s_A=ll=-=S..._p"""ec"-i-=-· fc..cic..cc-'-a "-t i.e.· o'-"n""'s __________ _
9. ~: Shall be minimum 15 .5-25 12PR, L2.
Al TERNATES PROPOSED SHALL MEET MI NIMUM SPECIFICATI ON
Description : ____ M_e_e_t_s_o_r_E_x_c_ee_d_s_A_l _l _S~p_e_c_ir_· i_· c_a_t_io_n_s __________ _
10 . CAB: Shall meet OSHA and MSHA requirements for ROPS and operator sound exp osure
limits in effect at the time of manufacture . It shall include a suspension, adj ustable operator's seat
"wi th seat belt , an emergenc y exit, heater, defroster for all ·windows , air conditioning, front and re:ir
Y.i ndshield "wi pers , front and rear halogen work lights , turn signals with 4-way flashers , in-cab rear
vi ew mirror, cab beacon light , exterior rear view mirrors (2), am-fin radio , and access steps .
Operator cab preferred to be mounted on the rear (motor side ) articulating portion of the unit .
AL TERN A TES PROPOSED SHALL MEET MINIMUM SPECIFICATION
De scription : ____ M=e=e=t=s~o r=-=E~x=c..;;.e-=-ed=s=.......;.A=l-"'l '-S::..p=e=c-"'i -=-fi=· c"-'a=t=i -=-o n""s'-----------
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FOUR WHEEL DRIVE LOADER
Minimum Specifications
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10. MISCELLANEOUS EQUIPMENT: The unit shall havefront and rear fenders, front
mudguard, and engine compartment side shield panels. The unit will also be equipped with a
rear-mounted drawbar, tie down hooks for transporting the unit on a flatbed trailer, vandal
protection and a SMV emblem. Fuel tank capacity to enable machine to operate 12 hours
minimum between refueling. Please include the following information and pricing :
• Equipment options and specific pricing for each, installed
• Optional front-end attachment brochures and pricing.
• Cost for extended warranty.
ALTERNATES PROPOSED SHALL MEET MINIMUM SPECIFICATION
Description:
l Year/ 2500 Hour Full Warrantv -Standard
3 Year/ 3000 Hour Full Warrantv -Sl,450.00
5 Year/ 5000 Hour Full Warranty -53,200.00
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BID PROPOSAL
FOUR WHEEL DRIVE LOADER
Description
Four Wheel Drive Loader
Pans Manuel
Shop Service Manual
Estimated
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TOTAL
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Volvo Volvo
L45 LSOD
Bid Price Bid Pri-ce
$69,984.00 $72 ,444.00
s Ic,Jnded Included
s Iccl11ded I nc l ude d
$69,984 .00 S72 ,444 . 00
Estimated date of delivery ____ --'4.,,_S_-9'"'0.__.D'""a._v..._s _______________ _
ALL '.\<U ITRLU F.O.B. CITY OF ENGLEWOOD
2800 South Platte River Drive
Englewood, CO 80110
Invoicing terms __ N __ e--'t""""""""3 ___ 0 ________ Price quote firm for -~6-0 ___ days .
Exceptions : Meets or Exceeds All Specification
BY:
DoPg
Name
CorJer
> ,/
Power Eouioment Companv
Company
P .O . Box 28. Denver, Colorado 80201
Address
303-288-6801
Telephone
March 23, 200 l
Date
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COUNCIL COMMUNICATION
Date Agenda Item
April 16, 200 1 10c iii
Subject Allen Filter Plant
H ea tin g Upgrade
INITIATED BY STAFF SOURCE
Utilities Department Stewart H . Fo nda, D irector of U tiliti es
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Utilities staff recommends Council approval, by motion of the bid for Allen Filter Plant Heating System
Upgrade to Kimmel Mechanical in the amo1mt of $214,620.00.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
A pressurized steam system for the main filter building was o ri gi nal! installed at th Allen Plan t 111 1980. In
the last three years the department has had t o ha ve m any repairs p erfo rm ed o n th e piping s · tern . Our
co nsulting engineers (RMH Group) has re co mmended that the old pipings stem b e repla ce d and that th e
boilers be converted from steam heat to a hot water system , which is m o re erficient.
It is proposed that the existing boilers be replaced fo r th e hot wa ter sys tem . Th e pipes, v alves , co re hea ters
and control mechanisms will also be replaced. A ho t w aters stem would elim ina te th e need fo r
pressurized lines, condensation tanks and circulati o n pumps . This wi ll grea t! simpli fy th e Allen Plant's
heating system since chemicals would no longer be required for maintenance . In water treatment plant
operations, it is imperative to have a reliable heatin gs . stem to main ta in a fairl y consistent temperature
range for chemica l stability.
Requests for Bid were sent to si x ve ndors fo r th e Heating System Upgrades Pr oject.
A bid openin g was held o n April 9, 200 1. The following res p o nses we re recei ved:
Westland Construction
Central Mechancial
Bran co ni er Plumbin g & Heating
Kemme! Mechanical
FINANCIAL IMPACT
$251 ,816 .00
$250,015 .00
$221 ,950 .00
$214,620 .00
Kim mel Mec hani ca l is th e recommended low, acceptable bidder at $214,620.00. Th e Utilities D epa rtm en t
budgeted S 160,000 in th e 2001 Budget fo r this project . Extra funds are avai labl e fr o m the Water Fund .
RMH Group has re iewed and approved th e recomm ended acceptable bidder .
LIST OF ATTACHMENTS
Bid Propo al Tabu lation
Le tt er of 4-9-0 1 fro m Kell } H e n ry, th e RMH Group, In c .
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City of Englewood Bid Tabulation Sheet
Bid Opening Date: April 9, 2001 9:00 a.m.
Bid Item: Heating System Upgrades
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Vendor Heating System Upgrades Exceptions :
Long Construction
1795 W. Yale
Englewood, CO 80110
Central Mechanical .t (3 (. cf 6 .... ",c / c..,.(f-v~ (iec1~
4850 Jackson St. 2 s -o, u ( ~-
Denver, Co 80216 s~.,;. e' i<.i!-<e(' Q u<-, S
A ,,.,.,,.,::.,,c1 ...... '<-.... "f.s v~ .. ?..;.t{-r C #''-· Cc C.f V U,..
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r Westland Construction
i 2 4 -I 1--·'J c? ;<..C. ""f (~.:r<'t,.J {, s'te~f'.
5262 S. Xenophon Ct. Sib
Littleton, CO 80127
. I A-1 '1.r..-:( ~ e . ...,,.f C,:.C kt-i..,..i,.,. ( e,,/ '; ""'£ k1
8,~I h~·vt.<./ ~ .. , ,_-(.:..,~l~c.l·
Natkln Contracting
2775 S. Vallejo St.
Englewood, CO 80110
Braconler Plumbing & Heating ~ 9 ':to (3 .. ,/ t)u-~( (.,.-t,c., (uJ...,c../, 2626 Raritan Circle ·2 2 I 1
,
Englewood, CO 80110 /1 • ...,,~.....( ~ ....... :'f.s t:.u_ (c_~.i.u (..,.~.,.
NC, .., K ''-4-/1 r'; c..·~IJ (, s I" .,.. .. I ..
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< J',,, ""'~ rt.,( J ~. ·r .. , • ., 1-f', ,, ... s
u.£ t:rtv.e,·./ )
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City of Englewood Bid Tabulation Sheet
Heating System Upgrades
V d en or
Kimmel Mechanical
3700 E. 41st Avenue
Denver, CO 80216
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Heating
System
Upgrades
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Exceptions
PtJ 6u~,c1 { c ~~-tt-/: .. ,J I~, Ju.-~
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/1/ ..> ~ ,<.. r · -z; o:, ., /, S 't-e,-t
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April 9, 2001
Mr . Bill McCormick
Utilities Department
1000 Englewood Parkway
Englewood, CO 80110
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Re : Allen Water Treatment Plant -
Heating Upgrades Bids
Dear Bill :
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As you know , all four bids for the heating upgrades project for Allen Water Treatment Plant came m
today higher than we expected . Our cost opm1on from July of last year was S l 60,5S I and the low bid for
this project (by Kimmel Mechanical) was S214,6 20
I have reviewed our cost opinion and present the following as possible reasons for the discrepanc y
I . Our cost opinion was based on retrofitting two existmg steam boilers to heating water boilers As
per our recent recommendation. an addendum was issued to change thlS to two new boilers
instead . During the recent exercise of clarifymg the control package required to accomplish the
retrofit, we revisited the design and, in the best mterests of the City , put forth the
recommendation that the boilers be replaced instead of retrofitted . ThlS added approximately
$7,000 to SI0,000 to contractor bids , possibly more .
2. Our cost opinion is approximately nine months old . We estimate that labor prices and some
material prices have gone up by approximately 3 to 4%.
3. In reviewing our estimated costs for removals , our numbers were too low . This pertains to all the
steam and condensate piping removals and heating equipment removals that are a part of this
project .
4 . In reviewing our estimated costs for the installation of the new copper heating water piping with
insulation , we perhaps widerestimated the labor cost . Because this is a retrofit , labor costs
increase due to the high work and, in many places, tight working conditions . This may not have
been fully taken into account .
5 In reviewing our estimated costs for temperature and boiler controls , our numbers again were too
low .
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Mr . Bill McCormick
City of Englewood
April 9, 2001
Page2
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In general, we propose that the low bid is accepted by the City of Englewood . We, llllfortunately, are not
cost estimators by trade and have found that the best check for the true cost of a project is to have it
estimated by several canttactors as we have just dale (or hire a professional estimator). In addition , there
have been several &cton that have increased the project costs such as the nine month delay and the
additional scope of work (new boilers instead of retrofitting old ones).
We have worked with Kimmel Mechanical in the past and have found them to be able and qualified
contractors . We recommend that the City award Kimmel this project .
Sincerely,
1HE RMH GROUP, INC .
Kell y A. Henry
Project Leader
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COUNCIL COMMUNICATION
Date
April 16, 2001
Agenda Item
toe iv I
Subject
Purchase of Loader /Backhoe
INITIATED BY STAFF SOURCE
Utilities Department Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
Council approval, by motion, of the purchase of one, new Rubber-Tired Wheel Loader/Backhoe
from Wagner Equipment Company in the amount of $83,:?00.00.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The proposed Caterpillar 446 B will be used by the Sanitary Sewer Collect io n crew for point
repairs, sewer main excavations and as a back-up for Water Distribution projects .
The purchase is being recommended to replace the existing 1 :?-year old unit according to CERF
replacement schedule .
Requests for Bid were sent to two vendors; two responded :
Wagner Equipment Compan y
Honnen Equipment Company
FINANCIAL IMPACT
583 ,200 .00
S 113 ,600.00
Wagner Equipment Company is the recommended bidder at 583,200.00 . The CERF Fund
will fund the entire amount.
LIST OF ATTACHMENTS
Bid Proposal Tabulation
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City of Englewood Bid Tabulation Sheet
Bid Opening Date: March 28, 2001 10:00 a.m.
Bid Item: Rubber-Tired Wheel Loader/Backhoe
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Rubber-Tired Extendible Mechanical
Wheel Loader# Backhoe Front Wheel
Vendor Backhoe Boom Drive Total
Wagner Equipment Compa,,J $74,320.00 $3,000.00 $5,880.00 $83,200.00
AttenUon: Jim Webster
P.O. Box 11120
Denver, CO 10211
Honnen Equipment CompanJ $19,800.00 $5,900.00 $7,900.00 $113,600.00
Attention: Ery Graham
5055 E. 72 ND Avenue
Commerce City, Co 10022
Pagel
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Exceptions :
Eace1,t1ons lislell on Bill Requi,emenl
Specllicatlons sheets.
None listed.
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RUBOER .TIREU .WIIEEL LOAOER .BACKHOE .lAB
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STATE AWARD
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SERVICENTER GARAGE
SUMMARY SPECIFICATION SHEET
FOR
NEW VEHICLES
YES
IF YES , AWA RD# ____________ _
MANUFACTURER OF VE HI CLE Cat-ecQ1 I lac _._.....-==,.__, .._.__........._ ____ _
MODEL OF VE HICL E _4~4~b=--] __________ _
AIR COND ITIONING
AUTOMATIC TRANSMISSION
POWER WINDOWS
POWER DOOR LOCKS
4 WHEEL DRIVE
ALTERNATIVE FUEL OPTION
C E R F REPLACEMENT
NEW ADDITION TO FLEET
YES
YES
YES
YES
NO
NO
NO
NO
DEPARTMENT VEHICLE ASSIGNED TO /00 7 -~w~r
COMMENTS :
7?eolac~5 U,n/t 1382-71Qrlr2a/ r.fotac€,zng1,t
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BY AUTHORITY
ORDINANCE NO ._
SERIES OF 2001
COUNCIL BILL NO. 21
INTRODUCED BY COUNCIL
MEMBER-------
A BILL FOR
AN ORDINANCE APPROVING AN ENCROACHMENT PERMIT AND INDEMNITY
AGREEMENT PERTAINING TO A RETAINING WALL AND FENCE IN THE CITY
PUBLIC RIGHT-OF-WAY.
WHEREAS, Section 11-3-4 of the Englewood Municipal Code 2000 provides that
an encroachment into public right-of-way may be granted upon compliance with
certain terms and conditions and the issuance of an encroachment permit and
indemnity agreement issued by the City ; and
WHEREAS, the property owner was observed building a retaining wall in the
City's public Right-Of-Way along Whitaker Drive adjacent to the property located a t
4996 South Kalamath Street; and
WHEREAS , the property owner was notified that the construction was in
violation of the Englewood Municipal Code and that an encroachment permit would
need to be obtained prior to proceeding any further with this construction; and
WHEREAS . the city of Englewood received an application for an encroachment
permit from the Owner of 4996 South Kalamath Street for a retaining wall; and
WHEREAS , after review of the encroachment permit it was determined that the
proposed encroachment exceeded staffs administrati\'e authority as provided in Title
11-3--4 ; and
WHEREAS , the proposed encroaching retairung wall exceeds the allowable sight
triangle at a corner by six inches (6'") in height; and
WHEREAS , approval of this Ordinance will authorize an "Encroachment Permit
And Indemnity Agreement" formally recognizing the dimensions of the encroachment;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD , COLORADO , THAT ;
Sectjon 1. An encroachment for a three foot (3 ') high retaining wall , as measured
from the back of the sidewalk and constructed four feet (4 ') into the City"s Right-Of.
Way as identified in "Exhibit A," is hereby granted .
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Sectjon 2. The "Encroachment Permit And Indemnity Agreement" attached hereto
as ''Exhibit A," is hereby accepted and approved by the City Council of the City of
Englewood, Colorado.
Introduced, read in full, and passed on first reading on the 16th day of April , 2001.
Published as a Bill for an Ordinance on the 20th day of April, 2001.
Thomas J . Burns, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of a Bill for an OrdinanL-e, introduced, read
in full, and passed on first reading on the 16th day of April, 2001.
Loucrishia A. Ellis
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ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT
THIS AGREEMENT . made this ..iQ.. day of /}p,~ / . 2001 . between the
City of Englewood. Colorado . a municipal corporation. and Scott A. and Angela '.\1 . :McCauley .
the owners of a certain parcel of real property legally describes as :
Lot 17 Whitaker Subdivision
and commonly known as : 4996 South Kalamath Street
Englewood. Colorado 80110
The City of Englewood , Colorado, hereby grants to said owners of the property at the above
described location permission to :
Construct a segmental block retaining wall paralle l to Ka la math Street a minimum
of one foot (l') behind the public sidewalk from the front entry walk at -19 96 South
Kalamath Street, south to Whitaker Drive , thence around t h e co rner and to t he east
along Whitaker Drive to a point thirty -eight feet (38 ') west of the east j)roperty !me of
the subject property. The wall may be a max imum of three feet (3') high as
measured from the back of walk.
This is an encroachment of four feet (4") into the City Right-Of-\\'ay on both Kalama th Stree t
and Whitaker Avenue .
The aforesaid property owners and their heirs and assigns understand and ag r ee that :
l. That the existing water meter and water meter lid in front of -1996 South Kalamath
shall be brought up to grade, per the attached detail and shall meet the
requirements of the Utility Department of the City of Englewood. Property owners
shall call for an inspection after the work has been completed . An acceptance of
these wa ter meter alterations is a condition j)recedent to the granting of tius permit.
2 .
3 .
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5 .
6 .
That the property owners shall obtain the necessary variances a nd permits required
prior to constructing any fences or retaining walls in the public Right-Of-Way and
shall comply with all zoning and building regulations for the R-1 -A Zone Distnct.
That this permission is revocable at will and without cause by t he City of Englewood
without hearing and without notice other than No t ice of Re voca t io n .
That the property owners shall remove the retaining wa ll a nd fence from the public
Right-Of-Way within thirty (30) days after receiving :-l'otice of Re voc:ltlon by personal
service or certified mail.
That if the City ever determines that improvements need to be in stalled alo ng
Kalamath that may impact the wall, that the property owners shall be re s ponsible
for any increased costs incurred by the City for removing or working around the
retaining wall.
That the property owners are estopped to deny the right of the City of Englewood .
Colorado. to revoke the Encroachment Permit or to deny the property rights of said
City .
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7 . That the property owners agree to reimburse and indemnify the City of Englewood .
Colorado , for all necessary expenses of whatever nature that may be incurred in
revoking this Permit. removing the structure placed in the public Right-Of-Way , or
any other expense as a result of grantmg the Encroachment Permit .
8 . That the property owners shall maintain insurance coverage sufficient to satisfy any
liability arising as a result of this Encroachment Permit and Indemnity Agreement
and the City of Englewood shall be held harmless from any and all liabilities arising
from this action. A copy of an acknowledgement of coverage shall be provided to the
Director of Public Works.
9 . That this Agreement shall inure to the benefit of and be binding upon the heirs ,
executors, administrators, assigns and successors of the respective parties.
IN WITNESS WHEREOF, the parties have set their hands the day and year first written
above .
CITY OF ENGLEWOOD
a municipal corporation
By : -------------------Thomas J . Burns , :\fayor
ATTEST :
By :----------------
Loucrishia A. Ellis. City Clerk
PROPERTY OWNER
STATE OF COLORADO
) ss.
COUNTY OF )
~ ~ping instrument was acknowledged before me thisl!2::... day of
Lh-1.. 2001 , by Scott A. McCauley as the property owner of
4996 outh Kalamath Street, Englewood , Colorado 80110.
My Commission expires: If -Ji -0;3' Notary Pub ·
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PROPERTY OWNER
By: --"--,~la---aM-. M....,;1l._cC-a-~-e-~-P-ro-~-fr-y-0-J'Jn-er ____ _
4996 South Kalamath Street
STATE OF COLORADO )
) 58.
COl.J~"'TY OF )
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The foreeoing instrument was acknowledged before me this U2 day of () £)1.{_e
_ 2001 , by Angela M. McCauley as 4996 South Kalamath Street. Eng~
Colorado 80110.
My Commiaaion expires : t/ -J-S :0:3'
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if fi11c1 gr.:c:e nos r.cr ;;~n ,!Siccas,-:ec a, m e:
~me of :nstall~tio~ , F!umi::er must raise or
,ewer meter pit wnen grade has bea..n established,
by order at c:::nfro~r or cwner.
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Ins/all lid at astctlis,"Jed qrode
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c:pcer
top al meter s/loll be 9·//2" tlelcw
top of acme
A I se!Tlng mus: :e :ns ;:;ec:e ~ :, .
tili ries Oepr. on c::mi:ie!'"" :f ·
ConS,i UC~icn eE:=-CRE Ce !r.:
cc::.:;:iec . •
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~ oc:Jtion of meter to be deter~ined by
Utilies Dept
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12-5/6" I 7· 13 /1 6 " I
14-1/4" I s-~/1 6" I
17-1/4" I 11 -1/1 6" I
NOTE . No ,nslollaticn in driveways.pit mus! ~e
cl ear of all dirt br:'ck and etc.
C I D I E I
7-l:':/16" I 4" I 24" I
8-15/16" I !) " I 24" I
ll•l/4" I 5" I 24 "
Ut ili ttes De;::crtmenl
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Date:
April 16, 2001
INITIATED BY:
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COUNCIL COMMUNICATION
Agenda Item:
11 a i
ST Aff SOURCE:
Subject: En c roachment
Agreemen t -4996 South
Kalamath Street.
Public Works Ken Ro ss , Director o f Publi c Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
There ha s been no previous Coun ci l action on thi s request.
RECOMMENDED ACTION
Sta ff re commends that City Coun cil approve the attached Enc ro achmen t Agreement.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In March of 2001 , the property owner was observed building a reta1n111g I\ all 111 the public ngh t of wav
along Whitaker Drive adjacent to the property located at -l So uth Kalama th Stree t. The pro p er! owner
was n o t ified that the co nstruction was in vio lati o n of th e Citv Code and tha t an encroachm en t permit
would need t o be o btained p•i o r to proceeding anv fu rth er wi th thi s co nstru ct ion . p o n stafi re\ iew of the
encroachment permit it w as determined that the p ro p o eden roachment exceede d staffs administrati ve
authority as provi ded in Title 11 , Chapter 3. Se cti o n -l 0 1 the Engle\, ood Munici pal C o de , and there fo r th e
request needed to be brought to City Co uncil.
Encroachments for fences and retaining walls ma be grant ed providing:
1. That the wall and or fence are no clo se r th:., 1 2 111 ches from th e ba ck of walk .
2. That the w all and or fence are in compli nee with all o ther pro\ isio ns o f th e Municipal Co de.
3. That the wa ll and /o r fence are not adja ce nt to a stre et that is desig nated to be wi dened o r improved.
The p ro p ose d co nstruction mee ts co nditio ns I and 3 abo e. but fails to mee t cond it ion 2. Th e propose d
constructi o n vio lates Title 16, Chapter 4, Section 17. Part D that de als wi th sigh t distance triangl e
requirements . This section requires "No visual obstru ction ove r two fee t-six in ches in hei ght above th e to p
of the nearest curb shall be erected . placed, planted. o r allowed to grow w hi ch obs tru cts th e v iew of
pedestrians on th e si dewalk or o bstru cts the traffi c v isi o n at inters ections."
The wall being propo sed is 3 feet high and therefor exceeds the limits provided b y the co de by si x inches in
the sight trian gle as defined in Secti o n 16-4-1 7.D . Staff has re viewed the sight distan ce si tuati o n at this
intersec tion, and we believe that this wall will not ad versely impair th e sight visibility fo r ve h icles and fo r
persons taller than 3 feet. Therefor staff re co mmends approval o f th e encro achment permit subject to the
terms and co nditi o ns contained in the permit . Pl ease n o te that the w all will obstru ct the view o f
pedestrians that are shorter than 3 feet.
An y proposed fence in co nnection w ith retaining wall must comply with City Co de requirements .
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PSJDUJ'l'ION NO.a:Q
SERIES OF 2001
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A llBSOLU'l'IOtll .... .+IIIM) A GOAL FO& 3001 THAT TBB ENGLEWOOD PARKS
AND RECREATION DEPARTMENT WILL RECEIVE FIRST CONSIDERATION WITH
IIB8PECI' TO ISSUANCE OF GENERAL OBLIGATION DEBT FOR NON-EMERGENCY
CAPITAL IMPROVEMENT PROJECTS.
WHEREAS , the Englewood Parks and Recreation Department contributes significa ntly to
the City of Englewood's quality of life ; and
WHEREAS, General Obligation Bonds that the City originally issued for Parks and
Recreation improvements will retire in the year 2002 ; a nd
WHEREAS, based on the retirement on these bonds, the City may have a unique
financing opportunity to make capital improvements throughout the Parks and Recre a tio n
Department with regard to repair and improvement of the City's capital facilitie s ; a nd
WHEREAS , the City each year is faced with multiple and competing needs fr om equally
deserving City departments for capital improvements;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT :
Section l. The City Council of the City of Englewood, Colorado hereby declares a s a goal
for 2001 that the Parks and Recreation Department will receive first consideration with
respect to issuance of general obligation debt for non-emergency capital improvement
projects. The City staff is hereby charged with making final assessment of capital n eeds
and options for improvements to Parks and Recreation Department facilities . City s taff wlll
report back to City Council as to the status of those needs and improvements.
ADOPTED AND APPROVED this 16th of April, 2001.
Thomas J . Burns, Mayo r
ATIEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood. Colorado. hereby certify the
above is a true copy of Resolution No .~ Series of 2001.
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date Agenda Item Subject
Resolution declaring Parks &
April 16, 2001 11 Ci Recreati o n projects as the prio rity
use of the City's general
obliRation bondinR capacity.
Initiated By I Staff Source
Department of Finance and Administrative Services Frank GrvRlew icz. Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The Council has discussed Parks & Re crea tion projects at numbers meetings including the 2001 Budget
Retreat held on September 30, 2000.
RECOMMENDED ACTION
Staff recommends Council approve the attached resolution. This resolution declares the Council 's first
c onsideration for use of the City's general obligation bonding capacity to be used for Parks & Recreation
projects. It is intended that a ballot question be submitted to the voters at the November 6, 2001 election .
FINANCIAL IMPACT
There is no direct financial impact resulting from the approval of this resolution, but there will be an impact
if the voters approve the ballot proposal and bonds are issued .
LIST OF ATTACHMENTS
Proposed resolution .
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject: Encroa chment
11 a i Agreement -4996 So uth
April 16, 2001 Ka lamath Street.
INITIATED BY: STAFF SOURCE:
Publi c Works Ken Ross , Director of Publi c Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
There has been n o previous Council action on this request.
RECOMMENDED ACTION
Staff re co mmends that City Council approve the attached En cro achm en t Agreement.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In March of 2001, th e property owne r was obse rve d building a reta in ing wall in the public r igh t of wa\
along Whitaker Drive adjacen t to the property loca ted at 4996 South Kalamath Street. The propert\ O \\ ner
was no tified that th e co nstru ct ion was in violati on of th e City Code and that an enc roachm en t permi t
would need to be o btained prior t o p roceedi n g any fu rth er with th is co nstru ctio n. Upon st aff re\ 1 w o t th
encroachment permit it was determined that the propose d encroachment exceeded staff's adm1n1 trati\ e
authority as pro ided in Title 11 , Chapter 3, Se cti o n 4 of the Englewood Municipal Code, and th ret or th e
request needed to be bro u ght to City Council.
Encroachments for fe nces and retaining walls mav be granted pro iding:
1 . That the wall and or fence are no clo~er th:,, 12 inches from th e back of wa lk .
2. That the wall and or fe nce are in compli nee w ith all other provis io ns of the Municipal C o de .
3. Th at the wall and/o r i ence are no t adjacent to a street that is designa ted t o be w idened o r improved.
The proposed cons tru ction meets co nditions I and 3 above, but fails to meet condition 2. The proposed
constructio n vio lates Titl e 16, Chapter 4, Section 1 7, Part D that deals w ith sight distance trian gle
requirements . This section requires "No vi sual obstructio n ove r two fee t-six in ches in heigh t above the top
of the neares t curb shall be erected. placed, planted, o r allowed t o grow w h ich obs tructs the view of
pedestrians o n th e sidewalk or obstru cts the traffic visio n at intersections."
Th e wall being propo sed is 3 feet high and th erefo r exceeds the limits provided by th e code by six inches in
th e sight t ria n gle as defined in Section 16-4-17.D . Staff has review ed the sight distance si tuation at this
intersection, and we beli eve th at this wall will not adversely impair th e sight vi sibility for ve hicles and fo r
persons ta ller than 3 feet. Therefor staff re commends approval of th e encroachment permit subject to th e
t erms and co nditions contained in the p ermit. Please note that the wall w ill obstru c t the iew of
pedestrians that are short er than 3 feet.
Any proposed fence in connect ion with retainin g wa ll must compl with City Code requirements .
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FINANCIAL IMPACT
No financial impact to the City is identified.
LIST OF ATTACHMENTS
Proposed Bill for an Ordinance
Encroachment Agreement
Site Plan
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IBSOLUTION No.2.l
SERIES OF 2001
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A BBSOUfflON POlt A 'ftlANSP'l!:lt APPROPRIA'MON OF FUNDS FOR THE
CENTENNIAL PARK BALLFIELD PROJECT.
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WHEREAS , the Englewood City Council approved the City of Englewood's 2001 Budget
on final reading November 6 , 2000 ; and
WHEREAS, the Centennial Park Ballfield Project has been di scuss ed and revie we d by
the Englewood City Council ;
NOW , THEREFORE, BE IT RESOLVED BY THE CITY COu~CIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT :
Sec;rion 1. The City of Englewood 2001 Budget is he re by a mend ed as fo ll ows:
CONSERVATION TRUST FUND :
Source of Funds :
Unreserved/Undesignated Fund Balance
Use of Funds ·
Transfers Out to PIF
Centennial Park Ballfield Project
$500 ,000
$500,0 00
$500 ,000
$500,000
Sectjon 2. The City Manager and the Director of Financial Se rvices are hereby authorized
to make the above changes to the 2001 Budget of the City of Engle wood .
ADOPTED AND APPROVED this 16th day of April, 2001.
Thomas J . Burns, Mayor
ATTEST :
Loucrishia A. Ellis, City Clerk
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COUNCIL COMMUNICATION
Date Agenda Item Subject
Resolution transferring funds from
April 16 , 200 1 11 C ii the Conservation Trust Fund (CTF )
to the Publi c Improve ment Fund
(PIF ) to fund the Centennial Park
Ballfield Proiect.
Initiated By I Staff Source
Department of Finance and Administrative Services Frank Grvl!lewicz. Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The Council has discussed the Centennial Park Ball field Project on number occasi o ns including the ::!0 0 1
Budget Retreat held on September 30 , 2000.
RECOMMENDED ACTION
Staff recommends Council approve the attached resolution . This resolution transfers $500,000 from the
CTF to the PIF for use on the project. The following explains the sources and uses of funds :
ConRrVation Trust Fund:
Soyrq of Funds=
Unreserved/Undesignate Fund Balan ce
YK of Fund,:
Transfers Out to PIF
PUBLIC IMPROVEMENT FUND:
Source of Funds:
Transier in from General Fund
Uw of Funds:
Cenntennial Park Ballfield Project
FINANCIAL IMPACT
$5 00 ,000
$500 ,000
$500,000
$500,000
The CTF fund balance will be reduced by the $500,000 transfer to the PIF. The PIF will use these fu nds to
develop baseball fields at Centennial Park .
LIST OF ATTACHMENTS
Proposed resolution .
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I , Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado , hereby certify the
above is a true copy of Resolution No .~ Series of 2001.
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date Agl'nda Item Subject
April 16, 200 1 11 C iii Award Contract for Santa Fe &
Hampden Ave . Landscape
Maintenance
Initiated By Staff Source
Department of Parks & Re creati o n Jerrell Black, D irector of Parks & Recreation
Dave Lee . Manager of Ooen Soace
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
• Counci l approved a contract for the installation of Lands ca ping on Santa Fe and West
Hampden Ave. by motion on October -;, 1996.
• Council approved a contract for the maintenance of the medians by motion on Jul y 20 ..
1998.
• Council approved an IGA for maintenance of landscaping with the City of Sheridan,
Council Bill No. 42, Ordinance #51 on August 3, 1998.
RECOMMENDED ACTION
Staff recommends Council award, by motion, a maintenance contract in the amount of
$85,200.00 to Randall & Blake, Inc. for "South Santa Fe Dr. and Hampden Ave. Landscape
Maintenance". Stalf has re vi ewed the qualifications and work of Randall & Blake , In c. and
finds them to be the lowest technically acceptable bidder.
Sabell's Enterprises has formally wi thdra wn th eir bid due to an error in preparation .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Cities of Englewood, Sheridan and Littleton identified th e need to enhance
improvements along the South Santa Fe corridor. The Tri-Cities group was fo rmed to
implement these improvements. The firs t phase of landscape ins tallati on was completed in
August 199 7. A one year maintenance varranty peri od was included as pa rt of the initial
installa tion.
In October 2000, Council appro ed a ch ange to nighttime median maintenance in order to
reduce traffi c backup and ci ti zen co mplaints .
FINANCIAL IMPACT
Sufficient funds were budgeted for and approved by Council in the 200 1 Parks Expenditure
Budget for median maintenance.
LIST OF ATTACHMENTS
Bid Pr oposal
Bid Tabulation
Contract Form
Sabell Lett er
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~R-11-2 001 WED 09:37 AM COLLEGE FIN 'L PLNG FAX NO . 72 0489 0181 P. 02
CONTRACT
CITY OF ENG:t.EWOOD, COLORAOO
THIS CONTRACT and agreement , m&de and entered into thia. __ ~1~•-"' _______ day
of_.....,v .. n; .. L ______ , 20~0~1 ___ by and i>etWeeD the City of Englewood , a
municipal corporation of the State of Colorado hereinafter referred to aa the
"City•, party of the first part , and -----~•-..•~~J~lkA==.a~,•~n~ua"""'c~•~·-t~n~s~·
hereinatter referred to ae the
•contractor ·•, party of the aecond part. WlTNESSITH, co1!11'.encing on the
__ .....,.2.2.pd.._ ________ day of -~!!ll .... ..,.11Aa::::Y.:......--· 20JI...__, and eont~nuing fox
at leaat ten (lO ) days thereafter the City advertised that eealed propoaal a
would be received for furnishing all labor, traffic control, toola , s uppl i es .
equipment , materials , and everything necessary and required for the fo l lowin~:
PROJECT: IOlZJ'II PUA Fl 1?1, MP pMPDD ID, ITISAPI NHIT!!N!£I 200.1;
llU.:.
WHEREAS . propoaala pursuant to said adVertiaement have been received by the
Mayor and City Council and have been certified by the Director of Parka and
Recreation to the Mayor and City Cou.ncil with a reconnendation that a contract
for aaid work be awarded to the above named Contractor who was the lowest
reliable and responsible bidder therefore , and
WHEREAS, purauant to said recommendation the Contract hae been awarded to ~he
above named Contractor by the Mayor and City council and said contractor is
now wi l ling and able to pertoim allot said work in accordance with said
advertisement and hi• proposal .
NOW THlllEFORE . in con1ideration of the compensation to be paid the Contract,
the mutual agreemanta hereinafter contained are subject the ter11111
hereinafter stated,
A. Contract O~eumenta: It is agreed by the parties hereto that the
tallowing ~i•t af instrwroents, drawings and documents wbich are
attached hereto . bound herewith or
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incorporated herein b y re ferenc e cons ti tute and sha ll be referred to
e i ther as the Contract Docume n cs or the Contract a nd a ll of sa id
instruments , dra wing s , a nd documents taken together as a who l e
constitute the Contract between the parties hereto and t h e y are as
fully a part of t hi s ag reement as i f they were set out v erbat im and in
full here in:
Adverti seme nt o f Not i ce for Propo sa ls
Proposa l
Contract (this ins trume nt )
Performance Pa vm e n t Maint e nance Bond
Rece i pt, Release , Wa iver of Claims
Special Provisions
General Condi t ions
De tailed Specif icat ions
P l a n s and Dr a wings
B . Scope of Work: Th e Contractor ag r ees to and s h a ll furn i s h a ll labo r ,
too s , s upplies , t raff ic concro!, equi pment , mace rials a~d e 'l e rythi~g
necessary f o r and requi red to d o, perfo rm a nd comp l ete a ll the work
described, drawn , se t f orth , s hown and inc uded in sa id Contrac:
Documents .
C . Terms of Performan ce: The Contractor agrees t o undertake the
performance of t he work under t hi s Contract with in ten (10 ) da ys f rom
being notified c o c omm ence work b y the Di rector of Parks and
Recreat ion and agrees to f ul y comp l ete s aid •,;a r k wi th in t ime
limits /dates deta il ed in Section 2 , Spec i a l Provisions, p lu s s uch
extensi on or e x tens i ons of t ime a s ma y be granted b y the Di rector of
Parks and Recreat ion in a ccordance wi th the provi s ion s of t he Genera l
Conditions .
D . Terms of Pavment : The c ·cy agrees to pay t h e Co ntractor f o r t he
pe rformance of a l the work requ ired under t his contract, a nd t h e
Contractor agree s t o a ccept as h i s ful l and only compensat "o n
t h eref ore, such sum ors ms of mone y as ma y be prope~ in a ccordance
wi th t h e pr i ce or pr ·ces set f orth in the Contractor's Proposa l heret o
ac:ached and made a part h ereo f , the total es timated c o st thereof
be ing EIGHTY FIVE THOUSAND TWO HUNDRED dollar• and NO cents .
($ as,200.00 I.
E . Aooro or iat "on of Funds: At present, $ 85,200 .00 has been a ppropr ia ted
f or the pro j ect . Notwithstand ing a n y thing conta ined in t his Ag r eeme n t
t o the c on trary , in t h e e v e nt no funds or insuff i cient f und s are
appropr i ated and budgeted b y the govern ing b ody o r a re otherwise
una v a il a ble b y any means wh a tsoe v er in a n y fo llowi ng f i sca l p e riod f or
which app ropri at ions were rece ived without penalty or expense e xc ept
as to t hose p ortions of t h e Agreement or other a mounts herein f o r
which funds ha v e al r eady b ee n approp r i ated or a r e otherwise a v a il ab l e .
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The City s h a ll imm e diate ly notify RB I Maintenance, Inc. or its '
ass i gnee of such occurrence in the event of such terminat i on.
F. Contract Binding : It is agreed that this Contract s h a ll be b i nd ing on
and inure to the bene fit of the part i es hereto, the ir heirs ,
executors , administrators, assigns, and successors .
G. Contract Extension : THIS AGREEMENT for prov iding Landscape
Maintenance shall be for a period of one (1 ) y ear comme ncing on Apri l
l, 2001 and ending March 31 , 2002 with optional one (1 ) y ear per iods
until terminated . Shoul d both parties agree to extend this Contract
for an additional year, Vendor must submit a wr i tten proposa l to the
Buyer no later than January 31, 2002. The City rese rves the r igh t t o
accept , modi f y, or reject sa id written pro posa l. The Ci t y s h a l
inform the Vendor of its' dec i s ion through the Purcha s ing Division.
IN WITNESS WHEREOF, the parties hav e caused these present s to be s i gned
personally or b y their duly authorized officers or agents and the i r se a l s
aff ixed and du ly attested the day and y ear first abov e written .
This Contract is e x ec ut ed in~-4~_counterpa rts.
CITY OF ENGLEWOOD
B y~~,--~~~~~~~~~~~-
Mayor
Party of the First Part
ATTEST :
City Clerk Contracto r
Approved as t o f orm: b y
Party of the Second Part
City Attorne y
ATTEST :
Secret ary
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SOUTH SANTA FE DR. AND HAMPDEN AVE. LANDSCAPE MAINTENANCE
BID PROPOSAL TABULATION
MARCH 8, 2001
Bidder / Plan Holder Base Bid Bond Remarks
TRUE GREEN $120,815.00 NO
COLORADO TOTAL MAINTENANCE $162 ,000 .00 YES
RB I $85 ,200 .00 YES
SABELL'S $28 ,400.00 YES BID WITHDRAWN AT CONTRACTOR'S
REQUEST
LOW BIDDER: SABELL'S ENTERPRISES $28,400.00
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NOTICE TO CONTRACTORS
NOTICE IS HEREB Y GIVEN, That unti l Thursday, the 8th day of March , 2 001, at
the hour of 2:00 p .m. at the Englewood Servicenter Training Room , 2800 s .
Platte Ri v er Dr ive East , in Englewood , Colorado, the City will receiv e b ids
for the c onstruc t ion of improvements on South Santa Fe Dr . and Hampden Ave .
Landscape Maintenance 2001-2002 .
Plans and Specifications for the South Santa Fe Dr . and Hampden Av e . Landscape
Maintenance 2001-2002 are a v ai l able in t h e Engineer ing . Pub lic Work s Office at
the City of Englewood , 1000 Englewood Parkway, Eng l ewood . Co lorado , 80110 , for
a $20.00 non-refundable fee .
Said improvements shall cons i st of furnish i ng a ll supe rvi sion , l abor ,
mate ri a l s , e quipment, traffic control , a nd tra nsportat ion , ne c essa r-t o
maintain all landscaped areas i n an attractiv e , h ea lthy, operab l e cond i ~io n
for a period of one year . Duties inc lude , b ut a r e not limited t o, s c~edu i ng
irrigation, mowing , weeding , trash remov al , rep l acing p l ant mater i a l s ,
emergency irrigation repairs , and al l necessary incidentals a nd app rtenances
to sai d project .
Bids will be opened and tabulat ed at t h e abov e-ment ione d date a nd t :.:r,e . a nd
the ant:icipa ted a ward of the contract wi 1 be made b y the C:u:y Coun cil a t
t h e ir meeting t o be he d at 7:30 p .m . on the 19th day of March . 2001 , o r a c an
adjournment thereof.
A 5% Bid Bond is requ ired .
The City reserves the right t o reject any and a ll bids and to wa ·v e
informalities there in.
Gary Sears
Ci t v Manager
C i t y of Eng lewood , Colorado
Adv e rtise Dates:
Febru a ry 22 , 2001
March l, 2001
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SABEL.LS ENTERPRISES
SABELL'S ENTERPRISES L.L.L.P.
NIIO WARD ROAD
AINADA. CO I0002
PH: 303-205-97'77 PAX:~
Mardi 22, 2001
Dave Coffman
EnglNOOd City Center
1000 EngiNOC)d ParlcWaY
Er,vtewoOCI. CO 90111
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I would llke tc reQuest that Sa9ell's emeri,nses btd for the SC\lth Santa Fe Cnve and Hampden
Avenue LandlCaPe Maintenance 2001-2002 be~-Upon ~ revi-•ng of our bid . it was
det.rm•ned that tt,ere \VU and error in our pl'el)aration cf ttle bid package . Due to tt,is unforeseen
em:,r we woulC like to be withdrawn from consideration ll'd ccnsequently our l>td t,ot,d retumed to
us .
If fUrther information is required please don't nes,tate to contact me at 303-901-3641
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M~ ~ AGENDA FOR THE ~ : /\. • A Af ,,-k;, REGULAR MEETING OF
aJ-~ ~ I fU!Vf~--../THE ENGLEWOOD CITY COUNCIL
MONDAY, APRIL 16, 2001
7:30 P.M.
I) M.J;t" 'jlJv_ (\1 . :1 I Englewood Ci v ic Center
I 'y,,~;~pi,v(f'v 1000 Englewood Parkwa y f ~· ~ . Englewood, CO 8011 0
1. Call to order.7 : t./1 /a<---
1,,~tio,. ~~
Pledge of Allegiance . ~
2.
3.
4 . RollCall . ?~
5 . Minutes.
~ r;:·o Minutes from the meeting of Regular City Co un ci l Meeting o r April 2. 200~dL
6 . Scheduled Vi sitors . (Please limit y our presentation to ten minutes.) (/ ()--:...,,
a. Bill M oore , Joe Garrity, Robin Smith , and Tom Sauer fro m All Souls H o me and School ,
wi ll present a financi~ donation to the City of Engl ewood in support of Centenn ial
Parle Ex pans ion . "!>l~/~. f)t)
En glew ood resident Barbara J. Hodge will be present to address City Coun ci l re gard ing
a pet ition requesting the implementation of permit parkin g o n Fox. Galapago, and
Huro n between Flo yd and Eastman . . /,,., , • O d
-~~-~~ ~ u~#'tt~~t::ot;;:i1(t cP{t,~.1~:r:~~~
~ C=m""~~~ °::Jtf16K-SJ
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a.~ Letters from Community Development Director ~d Plannin~ ~
n C-( Zoning Commission Chair Carl Welker re~uesti~that Council declare a vacancy o n
I \ a the Planning and Zoning Commission . rAbbJ1 ·,O I;; ~)
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i,-,.*-1 b. A resolution appointing Patricia Mueller to the Englewood Plann ing and~ning 'a,,Jfl-O Commission.~
Plew notr. If you haw a diubility wl need auxiliauy aidl or temm1, plwe notify die City ol Enalewood (303-762·
2405) at least 41 houn in advance of.,-semc:a are needed. 11lanli ,au.
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Englewood City Counci l Agenda
April 16, 200 1
Page 2 aJ1d 7.-() A p,oclam,,;o, d,da,log ,h, moo<h of May as~th.
9. Public Hearing (None scheduled )
i. COUNCIL Bill NO. 17 -Reco mmendati o n from the Department of Finan ce and
Administrative Services to adopt a bill for an o rdinan ce am ending the Citv of
Englewood 's Non-Emer ge ncy Pension Plan to allow o pti o nal be nefits . STAFF
SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services .
ii. COUNCIL BILL NO. 18 -Recommen dation from th e Co mmun itv De velop m ent
Department to adopt a bill fo r an o rdinance authorizing th e execution o i fo ur
Intergove rnmental Subgrantee Agreements w ith Arapah oe Co un ty fo r the 2001
Arapah oe Coun ty Co mmuni ty De velopment Bl ock Grant Program. STAFF
SOURCE: Janet Grimmett, Housing Finance Specialist.
iii. COUNCIL Bill NO. 19 -Recom mendatio n from the Community D e elopment
Department to adopt a bill fo r an o rdinance authorizin g two Intergove rnm en ta l
Subgrantee Ag reements with the Engle wood H o using A uth ority for the 200 1
Arapahoe Coun ty Community Dev elopment Block Grant Progra m . STAFF
SOURCE: Janet Grimmett, Housing Finance Specialist.
iv . COUNCIL BILL NO. 20 -Recommendation from the Departm en t of Finance and
Administrati ve Serv ices -Ci ty Clerk Division to adopt a bill for an o rdinance
amending Ti tle 5-3 B-3 to decrease the annual O ccu pat io n Tax fo r 3.2 Be er On
Premises Licenses and 3.2 Beer On/Off Prem ises Li ce nses . STAFF SOURCES:
fr.Ink Gryglewicz, Director of Finance and Administrative Services and Brenda
Casde, Deputy City Clerk.
b. Approval of Ordinances on Second Reading.
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Coun cil Bill o. 12. approvi ng the Cra ig Hospital Plann ed Unit D evelopment.
Council Bill No. 1 3, amending Title 11 -1 A of the Engle wood Munici pal Co de
pertaining to towing policies.
Council Bill No. 16 , authoriz ing a License Agreement for utility crossing the Ci ty
Ditch to POAG and McE w en Lifestyle Centers-Littleton L.L.C.
c. Resolutions and Motions.
i. Recommendati on from the Department of Parks and Recreation to approve. by
motion, the purchase of a Stake Bed Truck with Lift Gate. Staff re commends
awarding the bid , through the State Bid process, to Carlin Dodge in the amount
of $23 ,066.00. STAFF SOURCES: Jerrell Black, Director of Parks and
Recreation, and Dave Lee, Manager of Open Space .
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Englewood City Council Agend a
April 16 , 2001
Page 3
ii . Recommendation from the Department of Publi c Works to approve, by motion,
the purchase of o ne Volvo LSOD Front End Loader. Sta ff recommends awarding
the bid to the lowest technicall y acceptable bidder, Power Equipment Company,
in the amount of 572,444.00. STAFF SOURCE: Ken Ross, Director of Public
Works.
iii . Re commendation from the Utilities Department to apprO\ e by motion, a
contract to upgrade the Allen Filter Plant Heating System . Staff rec ommends
awarding the contact to the lowest technicall y acceptable bidder, Kimmel
Mechanical in the amount of $214,620.00. STAFF SOURCE: Stewart H. Fonda,
Director of Utilities.
iv. Recommendation from the Utilities Department to approve. bv motion, the
purchase of a loader/backh oe for the Sanitary Sewer Co.Jlection ere\ . Staff
recommends awarding the bid to the lowest technicall y acceptable bidder,
Wagner Equipment C ompany, in the amount of 58 3,200.00. STAFF SOURCE:
Stewart H. Fonda, Director of Utilities.
11 . Regular Agenda .
a. Approval of Ordinan ces on First Reading .
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COUNCIL BILL NO. 21 -Rec o mmendation fro m the Departm ent of Publi c
Works to adopt a bill for an ordinance authorizing an Encroachment Agreemen t
for 4996 ¥!uJh_Kala~a}h Street. STAFF SOURCE: Ken Ross, Director of Public
Works.~
b. Approval of Ordinances on Se c ond Reading.
c. Resoluti ons and Motions.
Re comm en datio n from the Department of Finance and Administrati\ e Servi ces
t o adopt a resolution declaring Parks and Recr eatio n projects as th e priority use
ot the Citv's general obligation bonding ca pacity. STAFF SOU~: f~nk I!. . _
1 Gryglewicz, Director of F' · · · ervices,e~
anager o
Pie.-note: If you haft .a diubility and need auxiliary aids or semen, p1eaR notify the City of Englewood (303-762·
2405) .at leut 41 houn in .adw.anc:e of when senices are needed. Th.ink you •
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April 16, 2001
Page 4
12 . General Discussion.
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a. Mayor's Choice.
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b . Council Members' Choice.
13 . City Manager's Report.
14.
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Adjournment
Th, I.!.,~ ,,.n,m;n,d to 0~ Co,ndl b,,w.,, Ma<eh 30. Ap,U 12 , 2001 ,
• Englewood Water and Sewer Board meeting of February 13, 200 1
Englewood Planning and Zoning Commission meeting of Februa ry 2 1, 2001
Englewood Election Commission meeting of March 1, 2001
Englewood Cultural Arts Commission meeting of March 7, 200 1
Englewood liquor licensing Authority Telephone Poll of March 7, 2001
Englewood Parks and Recreation Commission meeting of March 8, 2001
Englewood liquor Licensing Authority Telephone Poll of March 2 1, 2001
Plwe nole! If ,au .we a llubilily and need alllliliary aidl or---, p1we notify the City of fnslewood (303-762·
2405) at leal 48 '-sin adnnce of wt.. ----IINlled. ...._ ,au.
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