HomeMy WebLinkAbout2001-06-04 (Regular) Meeting Agenda Packet•
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Englewood City Council Meeting
June 4, 2001
Ordinance # /.' ~· P, 'J,lf. 'J/, 30, 31, 32, 33, 34, 35
Resolution# ~47, 48, 49, SO, 51, 52, 53, 54, 55, 56, 57
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
June 4, 2001
I. Call to Order
The regular meetin g of the Englewood Ci ty Council was called to order by Mayor Bums at 7:35 p.m .
2 . Invocation
The invocation was given by Council Member Nabholz.
3. Pledce of Alleciance
The Pledge of Allegiance was led by Mayor Bums.
4 . Roll Call
Present :
Absem :
A quorum was present .
Also present :
5. Minutes
Council Members Nabholz. Grazulis, Garrett , Bradshaw, Wolo yn .
Yurchick. Bums
None
City Manager Sears
City Attorney Brotzman
City Clerk Ellis
Open Space Manager Lee
Director Gryglewicz. Finance and Administrative Service
Director Simpson . Community Development
(a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED. TO
APPROVE THE MINUTES Of THE REGULAR CITY COUNCIL MEETING Of MA\' 21, 2001.
Ayes:
Nay :
Abstain :
Motion carried .
6. Scheduled Visitors
There were no scheduled visitors .
7. UnKheduled Visitors
Counci l Members Garrett. Bradshaw. Wolosyn. Grazuli s. Bums
None
Council Members Nabholz, Yurchick
(a) C.E . Hitchcock , 2337 West Wesley Avenue . stated that the issue he wanted to rai se wa s
that it has come to his attention that several propenies, adjoining his propeny, have been acquired by the
City of Englewood . I am curious as to what the City's plans arc for those propenies. he inquired. We have
never been really officially informed, he said, but there has been a rumor that the City plan s a st reet through
there that would require the acquisition of some of our propeny . He pointed out that that would obviously
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directl y affect them in a se rious manner. That is an issue of some concern to me. he sai d . and I a m curious
as to what the City's plans are specifically. th e sc hedule for th ose plan s and what justifies th e Ci ty making
those plans in the first place. If yo u could explain that to me. he said. I would appreciate it.
City Manager Sears stated that Bob Simpson, the Directo r of Community Development. would talk a littl e
bit about an upcoming neighborhood meeting . He asked Director Simpson to address Mr. Hitch cock 's
concerns.
Director Simpson advised that the City is sending notices out th is week ad ,•ising of a neighborhood
meeting to discu ss alternatives and also to listen to the ne ighbo rhood . That meeti ng is tentatively
scheduled for June 21" at the Alternative High School.
Mr. Hitchcock commented th a t the purpose of thi s meeting \\o uld be to find out how th e neighborhood
feels about this . He asked if that isn't a bit after the fact. as the C it ) has al re ady acq u ired some of th e
properties there . Director Simpson said no . reall y it is not. He explained that the C it y has acq uired tw o
properties up there and what we are very interested in understandin g is where th e nei g hbo rh ood sees thi s
entire neighborhood going and the neighborhood 's ideas .
In response to Mr. Hitchcock. Mr. Simpson advised that he is th e Director of Communit y Development.
Mr. Hitchcock stated he spoke to one or two peopl e from that department and that was not their general
attitude. I hope that what Direc tor Si mp son is tell ing me. he sa id . is. in fact , the case. Director Si mp son
stated th at is the case. I work" ith these people. he said. I am th e department directo r. He advise d that the
City has acquired two properti es. that the property owners approached us . Mr. Hit c hcock said he
understands that , but that he is not greatly assured by Mr. Si mp son·s intentions . I a m sti ll not unerl y
assured. he said. but I am pleased that we do have a meeting sc heduled .
Director Simpson adv ised that they plan to have a meeting scheduled for June 2 1" at the Eng le\\OOd
Alternative High School at 7 :00 p .m.
Mr. Hitchcock asked Mr . Simpson if he had hea rd the questi ons he had a ked a nd if. at th at meeting . th e
City would explain the plan and define the schedule . Direc tor Si mpson said yes. and more important!) th e
C ity is interested in hearing from the neighborhood .
Mr. Hitchcock said yo u have to understand , man y of us who are at, or near. retiremcnl age. bought th e
properties because we like them the way they are .
City Manager Sears noted that the properties are owned by the City and this City Coun c il is the final
authority in terms of an y di s posi tion of how th ose properties would be used . Council would ha ve 10 gran t
approval for any road construction. There really hasn't been a ny proposa l given to Ci ty Council. he said .
In fact we had hoped to conduct a Study Session with C ity Council and we were looki ng at Jun e I 8'h. But
staff has not met with an y property owners about any alternatives as to how that property could be
developed and that is what the neighborhood meeting will be a bout.
Mr. Hit chcock said he appreciated Mr. Sears ' input. I would j u t hope. he sai d . th at whatever d is posi ti on
th ey make of th e properties. th e stre et and so forth and so o n. that consideration will be g ive n to the
neighborhood 's wishes . I hope yo u are si ncere about th at. he said .
Mayor Bums noted that it is not a question of what the City ha s and what the Ci ty is goin g to do with th em .
City Manager Sears is right. he said , there ha s been no proposal mad e to Council so far, bec a use they will
have to meet with the ne ighbors first.
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Mr. Hitchcock commented that he spoke to a couple of the chaps from what he thought was the Housing
Authority . He advised that they discussed the street and the building of duplexes and so forth , frankl y. as if
it was a done deal. And I thought . he said. that that was a bit optimistic considering that thi s had not been
brought to the anention. formally . of any of us who live there . My personal feeling. he said. is that I don ·1
want to cooperate with any of that. under any circumstances, unless I see good reasons for doing it and
unless, at least. someone comes to me and discusses it with me . It could be misinterpreted to be ave~
underhanded move on their part and it will reOect on Council. That is my opinion. he said .
Mayor Bums noted that we have had various people tell us there are done deal s around th e Ci t~. when the~
haven 't come to Council ye t Mr. Hitchcock expressed the hope that Council would govern them el,es and
consider the neighborhood 's " is he s.
Council Member Brad haw advt ed that he received a call from Cherrie Brandt over a month ago. Ms
Bradshaw stated that she talked to Mark Graham and it sounded to her like there wa s a part of the proc es,
that had not been addressed . I am glad to hear that Community Development has listened 10 m~ conc~rn s.
she said, and that they are having that meeting. because I think that is important . We mu st con si der the
needs and desires of the neighborhood . she said, before we do any major changes. he than~ed M . Brandt
for calling her.
Council Member Grazulis asked for the address. Mr. Hitchcock advised that it is bet\\een Zuni and Tejon
on Wesley, what used to be called Goat Hill and he thought now was illu striou ly termed Scenic Vie"
Estates . He noted it is still known as Goat Hill.
Mr. Hitchcock said he wanted to point out one of the reasons they all live there . For instance . there is a
huge tree in my backyard. he said. and a very large hawk comes there every summer and forages in that
field. It is really a nice thing . At the same time. he said. the State of Colorado is trying to come together
with a plan to limit growth and I don 't see the justification for densifying the population up there. with
duplexes and so forth and so on. I know the hawk can find another place. he said. but I bought that place
with the intention of retiring there and most of the other people did also . And to have things done over o ur
head or without even consulting us ... I do resent it and I am mistrustful about the s ituation . But I appreciate
your time, he said.
Council Member Nabholz stated that she spoke with Mr. Hitchcock several times in regard to code
violations next to his property. She offered her thanks to Bob Simpson for assuring Mr . Hitchcock and hi s
neighbors that this meeting will take place . Because. she said , when he told me the same thing. I told him
that. no , I was not aware of any road or anything like that.
Director Simpson apologized . He stated one of the things we have always tried to do is to assure the
neighborhood that we were going to hold the neighborhood meeting. I talked to Ms . Brandt. he sa id . and
we have assured them that we will hold a neighborhood meeting, that the neighbors will have input , and
then we are going to come back to Council with what we have heard and some possible alternatives for
disposition of that property. He pointed out that it could include pulling it back on the marketplace , which
is what we promised Council last year when we purchased the property, that we wanted to provide Council
that opportunity to consider.
Council Member Bradshaw pointed out that the seller approached the City to purchase these properties .
Director Simpson said that is correct .
Council Member Yurchick stated that one concern he has about that area up there is that there are two
developers and one is doing pad modulars and one is doing a nice development. I don ·1 want to see those
pad modulars spread into Englewood. he said . Director Simpson noted that when we purchased those , one
of the prime objectives Council identified for us is that we were going to try to help assist in improving
some of the quality of that private sector development and that is what we have bt!en looking into . I do
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understand, he said. that there may have been some staff people thal haven 't taken quite th at approach and
we are very sincere in tryi ng 10 make s ure 1ha1 we hear the people on how 1hi s gets developed .
(b) Cherrie Brandt, 2297 West Wesley Avenue . sai d here we a re again . Aboul 20 yea rs ago
many of us up on the hill , which we tend to like 10 call ourselves. were in fr o nt on many of yo u. in front of
Council. fighting this same issue . as to whether or nol West Caspian Pl ace was going to be pul through .
She stated that we told Council at tha1 lime that we did nol wanl a streel 10 go through. we did not want an
alley to go through and she emphasized that they still feel 1he same way. In approximately December of
last year we were notified that the City did indeed purchase two addi1ional pieces of propen) on We st
Wesley Avenue. Ms . Brandt pointed oul that the City has already owned o ne of th ose piece s ofpropeny on
West Wesley. for a number of years. I lhink if you all look back in yo ur records yo u will re a lize 1hat. The
previous owners were Dan and Mary Cook. During this lime. when the Ci ty "anted to pul the street
through , the Cooks were wanting to build some type of addition . But. s he noted . the City \\Ou ld not allow
it because it would have encumbered the 25 feet. so the Ci ty purchased their propen~ and it ha s pretty
much been laying dead since then. At thal point in lime Council s uggested to Planning and Zoning tha. \\C
didn't need to be worrying about Wesl Caspian Place and in fact. if her recollection was correct. Cou ncil
even suggested that we literall y remove it from lhe Master Street Plan . That was not done. she sa id . I wi sh
it would have been and then we wouldn 't be in this situation aga in toda y. She asked that Co un ci l keep in
mind that that is where we live . Mr. Hitchcock is very correct . We bought th ere because that is where we
want to be . She asked how many of yo u would reall y dare to even attempt th e idea of being able to
purchase a home that you could afford in this City that had a littl e bit O\er a third of an acre of la nd on it.
where yo u had no public street. no public alley runnin g behind you . I have a n inc-~ear-old son. that is ver~
imponant to me . It is imponant that we ha ve th a t abilit) to li,e in the style and the manner in \\hich \\C
chose to . My husband and I are now building a very expen sive. large addition to our home . he said . What
is going to happen ifwe stan de ve loping those two pieces of propen~ and perhaps ewn the Cook 's piece of
property and we decide we are going to put these reall y wonderful duplexes on there ry What do ~ou think
that is going to do to the value of my homery It is going 10 go do\\n. she said. plus. 001 o nl) that. but \\C
want to keep it the way 11 is up there. I would hi ghly recommend thal all of) ou come up th ere and see
what we have . I don 't know that many of yo u ha ve even been up there . Commenting on th e mo pieces of
propert) tha1 were recently purchased. she pointed oul 1h a1 one of them is a very . ,cry "ell built brick
home that has a very well-built garage on it. Why in 1he world would yo u want to knock 1hat 1hin g do" n?
Why? The one neKt 10 ii is also a very well built home . with another home behind it and also a garage .
Why in the world would you want to knock that thin g down? For what? To put up a $180.000.00 house?
What is that today? That is nol much folks. s he said. not much al all . We don't want the street. she sa id .
and we don't need it. plain and simple. Ms. Brandt stated that all of the ulilities have their accessihilitie s.
so ii is not needed . She invi1ed Council to come up and see what we have up there . That i, all thal \IC ask
of)OU . And you know. s he said, in December of la st year , a mee ling was to have been held before the final
deal was made on these properties . She said Ms . Grimmett assured her of that . Unfortuna1 ely. that deal
never went through , she said . This is six months later and we are still si ning back wailing . We have heard
many stories from. unfortunatel y, a few City employees and the y have 1old us man y differenl things . Al so .
they have told the tenants that live in 1he City owned hou ses many different things . Things arc just not
jiving. she said , and we are very concerned up there . We want lruth , plain and si mple . she said. and I don ·1
think that is too much to ask . We want to give you our opinion and 1hat is that we want you to please leave
us alone . If you want to build some1hing up there, let us get involved , let us help )OU plan some1hing like
that . But al this point in time. she said, I don 't see where we need to build anything . In closing. I would
hope. number one. before yo u go into yo ur Study Session that was scheduled for June 18'". thal yo u give us.
as a community, the ability to meet with Direclor Simpson prior 10 Co uncil's Study Sess ion .
Mayor Bums advised Ms . Brandt 1ha1 Co uncil would not be ha vi ng a Study Session on the I 81
h . Direct or
Simpson advised that staff would be meet inf with the neighborhood and lhen they are sc hed ul ed,
tenlativel y. to meet with Council on Jul y 2" . Ms . Brandl said that was excellent .
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Ms. Brandt said, in closing, she would like to take the time to thank Mr . Simpson . He wa s very upfront and
very honest with me, she said . Ms . Brandt said she would also like to thank Be v Bradshaw . You are
terrific and I really appreciate your help , she said . She also thanked Mr . Sears. She commented th at she
has never been able to reach Ann Nabholz and as Ms . Nabho lz is their represe ntative . it wo uld be a real
blessing to see more of her. Council Member Nabholz advised she has been up th ere and . in fact. she has
been in close contact with Mr. Hitchcock . Ms . Brandt commented that there are more of us . than j ust Mr .
Hitchcock, that live up there . Ms. Nabholz advised that sh e has voice me ssagin g. She asked Ms. Brandt if
she had left her name and phone number. Ms . Brandt said no , that she s poke" ith he r at th e las t Coun c il
meeting .
Council Member Yurchick advised that he watches the hill. that he own s a bu si ne ss up there . Ms. Br andt
said all right, but living up there and owning a business up there are two separate iss ue s. It is be autiful up
there , she said, and yes , that hawk is indeed lovel y . We ha ve a 5.000 gallon fi shpond in o ur bac kyard . She
again encouraged Council to come see how they live. I reall y. personall y . invit e eac h and every o ne o f you
to do that , she said. and I would be thrilled to give you a tour.
(c) Todd Huffman , 2247 West Wes le y Avenue. said he thou ght a lot o f hi s concern s have
been covered . We were here for some of the earlier meetings in the past . he said . We moved there for the
large lot and we like it . It is just rare to find a 200 and some foot lot like that , an ywhere in Englewood . We
also built a large addition , he said. which is almost complete . He opined that Council needs to con sider the
fact that the high-density issue is a real issue . Mr . Huffman pointed out that you risk destroyin g their way
of life , which they enjoy, when you cram more people into their neighborhood .
Mayor Bums thanked everyone for coming .
8. Communications, Proclamations and Appointmenls
(a) A proclamation declaring the week of June 25 through 29, 200 I as Code Enforcement
Recognition Week was considered.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 8 (a)-A PROCLAMATION PROCLAIMING THE WEEK OF JUNE 25
THROUGH 29, 2001 AS CODE ENFORCEMENT RECOGNITION WEEK.
Ayes: Council Members Nabholz, Garren . Bradshaw. Wolosyn ,
Yurchick. Grazulis . Bums
Nays : None
Motion carried .
9. Public Hearing
No public hearing was scheduled before Council.
10 . Consent Agenda
(a) Approval of Ordinances on First Reading
There were no additional items submined for approval on first reading. (See Agenda Item 11 -Regular
Agenda .)
(b) Approval of Ordinances on Second Reading
COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (b) (i) THROUGH (v) ON SECOND READING •
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(i) ORDINANCE NO . 25. SERIES OF 2001 (CO UNCIL BILL NO . 24 .
INTRODUC ED BY CO UNCIL MEMBER GARRETT
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AN ORDINANCE A UTHORIZING A ·'CITY DITCH LICENSE AGREEMENT' FOR A STORM
DRAIN CROSSING STRUCTU RE OVER THE CITY OF ENGLEWOOD 'S RIGHT-OF-WAY FOR
THE CITY DITCH BETWEEN THE CITY OF LITTLETON . COLORADO AND THE CITY OF
ENGLEWOOD. COLORADO.
(ii) ORDINANCE NO . 26 , SERIES OF 2001 (COUNCIL BILL NO. 25 .
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE AUTHORIZING A GOOD NEIGHBOR OFFER TO WOLHUR ST LANDI NG
OWNERS ASSOCIATION HELPING FUND CONSTRUCTION OF A CONCRETE SURFACE DRAI N
BETWEEN THE CITY DITCH AND THE WOLHURST LANDING TOWN HOMES TO TH E WEST .
(iii) ORDINANCE NO . 27. SERIES OF 2001 (CO UNCIL BILL NO. 26.
INTRODUCED BY COUNCIL MEMBER WOLOSYN )
AN ORDINANCE AUTHORIZING THE ACCEPTANC E OF A SECOND AMENDM ENT TO TH E
AGREEMENT AND SUBLEASE BETWEEN THE M USE U M OF OUTDOOR ARTS (MOA ). TH E
ENGLEWOOD ENVIRONMENTAL FOUNDATION . INC. (EEF) AND THE CITY OF ENGLEWOOD .
COLORADO (CITY).
(iv) ORDINANCE NO. 28 . SERIES OF 2001 (COUNCIL BILL NO . 27 ,
INTRODUCED BY COUNCIL MEMBER WOLOSY )
AN ORDINANCE AUTHORIZING AN INTERGOVERNME TAL AGREEMENT FOR
MAINTENANCE OF THE BIG DRY CREEK TRAIL BETWEEN SOUTH SUBURBAN PARK AND
RECREATION DISTRICT AND THE CITY OF ENGLEWOOD .
(v) ORDINANCE NO. 29, SERIES OF 2001 {COUNCIL BILL NO . 28 ,
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A VALE GRANT FROM THE VICTIM
ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT.
Vole results:
Motion carried.
Ayes : Council Members Nabholz, Garren , Bradshaw , Wolosyn ,
Yurchick , Grazulis , Bums
Nays : None
(c) Resolutions and Motions
There were no additional resolutions or motions submined for approval. {See Agenda Item 11 • Regular
Agenda.)
11 . Rqular Agenda
{a ) Approval of Ordinances on First Reading
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(i) Open Space Manager Lee presented a re commendation from the Oepanment of
Parks and Recreation to adopt a bill for an ordinance authorizing an Intergovernmental Agreement with the
Army Corps of Engineers for an Air Monitoring Station at the Englewood Golf Course . He advised that.
back in February, he was approached by a representative. from the IT Corporation . re gardin g an ai r
monitoring unit that they would like to place out at the golf course . Mr . Lee ex pl ai ned that thi s unit i one
of several that they need to have in place to monitor the Shattuck Chemical S uperfund Si te as tha t site is
cleaned up by the Army Corps of Engineers and the EPA . The IT Corporati on se lected o ur si te . he said .
because it was downwind and a cenain distance awa y from that site . Several of the mo nito rs are goi ng to
be on that site also. This monitoring system is to establish that there are no contaminants goi ng o ut int o the
air as they clean up this Superfund site. We are just recommending that we go along with thi s and help
with this for the safety of the citizen s and so fonh .
Council Member Bradshaw asked what the Arm y Corps of Engineers wo uld be looking for \\Ith th is
monitoring site . Manager Lee stated the y are just looking for any contaminants . Thi s ai r mo nit oring
system has a large volume air capacit~ that run s throu gh thi s int o a filter. They will co me o ut \\Ce kl~.
change the filter and look for an) of th e contaminants th at mi ght . po1en1iall). be di sperse d in the air.
Council Member Bradshaw asked what contaminants the y are looking for. Mr. Lee said the y are probabl)
looking for hea vy metal s and so fonh and whatever is buried in that site . I am not reall y s ure. he sai d . Ms.
Bradshaw commented that it just concerns her that it could be airborne .
Manager Lee stated that the whole idea is to prove that nothing is getting off that site . beca use the y are
tenting the whole site as they get rid of the waste there . And what the y need are the air monitors 10 prove
that they are not releasing anything into the air .
Council Member Yurchick asked if thi s is for when the y do their rem oval at the site . if that is what they are
trying to monitor. Manager Lee said that is correct . yes . He advised that that is across from th e Overland
Golf Course and it is very visible from Santa Fe .
Mayor Bums commented that you can see it from the light rail.
Council Member Grazulis asked if this is not to exceed thiny-two month s or around that time . Man ager
Lee said that is right. They are going to stan in September of 200 I and will continue through December o f
2002 .
Council Member Wolosyn asked if Council would be hearing anythin g about th e re sult s of th e ir
monitoring. Mr. Lee advised that the y did not indicate if the y would be do ing that. but that he was s ure
since they are operating a site at the golf course th at we could inquire about that.
Council Member Yurchick asked if thi s was a pre-reading. becau se he said . he didn 't believe the y would be
able to clean that site up in a year. by December of 2002 . Manager Lee sa id he was sorry. it will continue
through 2003 .
Council Member Garren asked how tall the apparatus is and what the visual impact will be on the golf
course. Mr . Lee advised it will be located right outside of our mechanic 's shop. it is approximatel y three or
three and a half feet tall and made of stainless steel. There is a timer in it and an electric motor. which run s
the air system and the filter .
Mayor Bums asked about the location of the mechanic 's shop. Council Member Garrett said it is where
they had their get together for lunch . Mayor Bums noted that used to be where you actuall y staned
play ing . Manager Lee said yes .
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City Manager Sears said he would just like to add to what Manager Lee ha aid . He noted that tafTta lkcd
about this a lot and had mixed feelings about whether or not we reall) \\anted to panicip:ue . Bui I think . he
said. even though we don't anticipate anything happenin g along th at area . that \\e reall~ o pted to ask the
Council to panicipate because of the vis ibilit) and th e public nature of the go lf course . If there are th111 gs
going on. we would at least ha ve first hand knowled ge of it.
Council Member Garrett said he would recommend that they put somet hin g in the agreement 1ha1 require
them to inform Council of their res ult s . Council Member Bradshaw said s he agrees . Mr . Garren
commented that it is nice to have good faith efTons. but we ne ed 10 make s ure we are ad , i ed .
COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM I I (a) (i) • COUNCIL BILL NO. JO AS MODIFIED TO HAVE A REQUIREMENT THAT
EPA GIVE US THE DATA REPORTS AS THEY COLLECT THEM.
COUNCIL BILL NO . 30. INTRODUCED BY COUNC IL M EM BER GARRETT
A BILL FOR AN ORDINANC E A T HORIZI NG AN INT ERGOV E RNMENTAL AGREE 1E 'T
ENTITLED "DEPARTMENT OF THE ARMY RIGHT OF ENTRY FOR ENVIRONMENTAL
ASSESSMENT AND RESPONS E'" BETWEE THE U.S. ARMY CO RPS OF ENG INEERS AND TH E
CITY OF ENGLEWOOD PERT Al ·1NG TO THE PLAC EMENT OF HIGH-V OLUME AIR
MONITORING UNIT AT THE ENGLEWOOD GOLF COU RSE .
Mayor Bums asked if it is the Army Corps of Engineers that will actually ha ve 10 do th at. Manager Lee
advised that the EPA has designated the Army Corps of Enginee rs and the IT Corporation is th e
subcontractor.
Vote results:
Motion carried.
Ayes :
3)S'.
Coun ci l Members Na bholz. Garrett. Brad sha \\. Wolosyn .
Yurchick . Grazuli s . Bums
one
(b) Approval of Ordinances o n Second Readin g
There we re no additional items s ubmitted for approval on second reading . (See Agenda h e m IO -Consent
Agenda .)
(c) Re solution s and Motions
(i) Director Gryglewicz prese nted a rec ommendati on from th e Depanment of
Finance and Administrative Services to adopt a re soluti on ap propri ati ng and tran sferrin g funds for the
Zigan Settlement (Centennial Park Expansion Project propeny). He advised that thi s re soluti on transfe rs a
total of S 1,306.000.00 from the General Fund to the Capital Projects Fund . which is S 1.053. 788 .00 fo r th e
balance of the Zigan judgment, SI 04.258.00 for prejudgment interest and S 147 .954 .00 for acquisition costs
and . of that total money.S I , 158 ,046.00 will be held in escrow pending the outcome of the appeal.
Ma yor Bums noted that this matter has been appealed. so th is will be held in escrow by the coun durin g the
appeal process. Mr . Gryglewicz said yes .
The resolution was assigned a number and read by title :
RESOLUTION NO . 46. SERI ES OF 200 I
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A RESOLUTION FOR THE APPROPRIATION AND TRANSFER OF FUNDS FOR THE ZIGAN
SEITLEMENT IN THE EMINENT DOMAIN CASE OF CITY vs ZIGAN (CENTENNIAL PARK
EXPANSION PROJECT PROPERTY).
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE
AGENDA ITEM 11 (c) (i) -RESOLUTION NO. 46, SERIES OF 2001.
Council Member Bradshaw commented that this is really frustrating . We are doing the right thing . s he
said, and I know that. but this is a heck of a way for somebody to make money and I just hate to see us use
taxpayer dollars to help line the pockets of somebody who runs around and buys propeny and then people
condemn it and then we go to coun and we pay double . But it's a heck of an enterprise . I guess . But . she
said. I do think that the ballpark and the amenities we are providing for our children and residents are well
wonh it.
Council Member Wolosyn said plus we are son of reclaiming some land that needs to be reclaimed and
enjoyed.
Mayor Bums said he wanted to make a comment . I was at a Bar Association social Frida~ night. he sai d.
and I talked to the chair of the commission who made the decision on the mone y. She told me that one of
their members wanted to give Zigan every single thing he asked for . the other two did not go along with
that and they had a bit ofa struggle on the commission . But. he noted . she was actuall) \\Orking 10 bring
this down a linle bit . because. as I understand it. we were in some danger of having to pa~ a "hole lot more
than this . It was a difficult process . Also. the y thought some of the witne sses for our ide "eren ·1 the be st
and some of the comparatives weren ·1 the best. And , actually. he said. the reward wa s a good deal le ss than
some of the people were asking for and what one of the members actually wanted to give them . I-le noted
that it is a lot , but it could have been worse . Indeed , I think they saw this as a situation where the gu)
purchased the propeny and he is making money off of it. there is no doubt about it. Ma~ or Bum s opined
that we are going to have a good result in the end . but it does stick in your craw when )OU are pa) in g thi s
much for somebody who never built anything and never had a business there .
Vote rnults:
Ayes :
Nays :
Motion carried .
Council Members Nabholz. Garrett. Brad shaw . Wolos ~ n.
Yurchick , Grazulis, Bums
None
Council Member Bradshaw asked what our fund balance is. what percentage are \\eat. Director
Gryglewicz advised that we are estimating that towards the end of the yea r that it will be about S~.2
million. which will be between 12% and 13 %. Ms . Bradshaw asked if that is okay . She commented that
she knows he would like it to be higher. Mr. Gryglewicz said he would like it higher . Major Burn s noted
it is not bad . Director Gryglewicz agreed it is not bad . We will review finance s shonl). he sai d. in Stud~
Session and we will talk about where things are . Ms . Brad shaw sai d thank )OU .
12 . General Discussion
(a) Mayor's Choice
(i) Mayor Bums noted that Council has received a memorandum addressing
Council Member Wolosyn 's anendance at the CML Conference . He stated that he submined an application
for CML and it has been sent in. We couldn't remember. he said, if Council had voted on his application
and , in addition. he now understands that Council Members Grazulis. Nabholz and Yurchick would also
like to go . He said it is his understanding that the expenses will be very similar on each one of these
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Englewood City Council
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applications. There is a deadline lhal we are very close 10. before we would ha ve to pay some additional
registration fees . Mayo r Bums suggested that Council consider the requests one at a time .
Council Member Garren said he would like to make a comment . I have so mewhal s1ru gg lcd "i1h 1hi s. he
said . I guess I am one of these curmudgeons. regarding Council activities and spending 1axpa)er's monci .
I need the opponunity and the time , in order 10 approve the travel reques1s. 10 consider Council' rea on
for wanting to anend the various conferences. He pointed out tha1 Council has rece ived a whok serie 1h is
year. where all of a s udden we say "well we ha ve to beat the regi strat ion deadline" and I am handed 1hi s.
Thal is disturbing to me , he said . I would suggest that. early on. Council should have to formu laic "here
we think we should spend our dollars. where we should send our Co uncil members and \\e should do 1hat
al the beginning of 1he year. Then we would be structuring our budge! around !hat. as "e do 1h e bud gel
process . That is my personal preference, he said . and I always struggle with this when. all of a sudden I ge1
a piece of paper and I am asked to vote on a Sl.200.00 expense and there are se ,eral "me 1oo·s" that come
in after that . Mr. Garrett stated that is just his personal preference .
Council Member Wolosyn said she could understand what he is sayi ng . I "ouldn 't mind having to
aniculate the reasons I want to anend a panicular conference, she said. and s ubmit it with the memorandum
requesting Council approval of the expenditure. In fact , she said. I think that is an exce llenl idea . As for
reviewing it ahead of time , she pointed out that at one of1he bud ge ! retreals la s1 yea r. we had mo ney in 1he
budget for Council travel and then we took it oul and when I objecled we said we would re view !h em o n a
case by case basis. But, she opined . putting in a procedure to review 1hem on a case by case basis. is
absolutely excellent.
Council Member Bradshaw suggesied that perhaps 1hat should go in Co uncil's rules .
Council Member Wolosyn noted that CML is a statewide organization. I think it is useful for 1he
community of Englewood. she said. 10 show that Englewood is out there panicipa1ing on a s1a1e-wid e level
It was helpful for me, when I went to LC. I didn't know until I was there . she said . 1hat 1he re al reason ii
was helpful for me . is the bigger rea son. which is 1ha1 Eng lewood i getting a presence a nd 1ha1 helps 1hc
community in the long run .
Council Member Bradshaw comm ent ed 1ha1 Cou ncil Member Wolosyn is following 1he procedure as she
knows it . Ms . Wolosyn said that is right. exact I~.
Mayor Bums noted 1ha1 CM L is a lobb) ing organiza1ion tha1 repre sents cities at the le gis lawre fo r 1he
entire legi s lative period and the y are 1he ones 1ha1 really fii;ht against so me of the bills 1ha1 take away local
decision making and a IOI of the 1hings 1ha1 they consider 10 be reall y injurious to local communitie s . The~
are right there . on the front line up there. every single day fighting for us in the le gis lature and , he sa id. I
think it is good to keep in lune with that. He pointed out that the agenda for the CML Conference is
published a couple month s ahead of time in th ei r magazine . So \\C could pull it up at !hat time and bring it
before Council and see who wants to go . He staled that NLC does th e same thin g . So we ha ve an
opponunity to look at the agenda and look at the expenses and see at th al time, long before th e deadlines
come up . what the agenda is and who would like to go .
Council Member Grazulis said she would like to make the point that s he is one of the CM L liai son
members. which Council assigned her to . That was going to be my purpose in attending the conference .
s he said.
Council Member Garrett explained that one of the reaso ns Council pulled it out of the budget is that we
have to be very careful with our travel considering the economic limes we are in . He pointed out that
Council approved $3.000.00 for travel nol that long ago, and thi s lime it is $4 .000.00. It is disturbing to
me . he said. that Council is not fom1ulating a policy as far as whal we think is the ri ght way and how we
should fund this .
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Council Member Nabholz asked ifhe would like to put that into words and draft a po lie~. I think that
would be excellent, she said.
Council Member Bradshaw suggested that maybe staff could check on traH,I policie from other cities.
Mayor Bums stated that he does not think we have been excessi,e in this. becau e I kn ow a lot of Co lorado
cities that send their whole Council to NLC meetings. they consider it son o f the bi g perk of the year and
we have never done that. We may have one or two at the most that anend . And. he noted. whole Co uncil s
anend CML. routinely .
Council Member Bradshaw commented that all of Council used to go. when she was on Council before .
Council Member Nabholz said that was her question. that s he ha s asked Council members th at ha ve se rv ed
on Council before . why they no longer go to CML or NLC and the y say the~ don't need it. I need it. she
said, I need to learn. I need to know how to network. I find st uff out for my comm unit) and pass thin gs
along to my constituents. I'm like Council Member Wolosyn. he said . I have no problem itemizing
justification of a trip .
Council Member Garrett pointed out that Council has a policy that all tra vel receipt fo r prior trips mu st be
reconciled before we can approve the next one. He asked if that "as 11 0 1 r ight. Ci ty Manager Sears sai d
that was right .
Council Member Bradshaw said that is the policy .
Council Member Nabholz said she would have to have her trip approved at the la st minute .
Mayor Bums said he thought Council Member Garrett 's point was "ell taken and that Counci l can do thi
better .
Council Member Bradshaw said it's a learning curve .
Council Member Yurchick said he doesn't look at this as a perk , thi s is a lot of "ork. He opined that if~ou
think it is a perk , then you are not doing your job. Council Members Wolos~ n and abholz agreed .
Council Member Wolosyn stated that it is actually hard for her to get away from ha job.
Mayor Bums said Council Member Yurchick was exactly right . He noted that sometimes ~ou do sec folks
that go to these and don't go to the sessions very much. I have never done that. he said , I go to sess ion s all
the time I am there, I do not take off. But if you go to them , it is work and )OU learn a lot and make a lot o f
contacts and I think it reall y helps with legislation .
Mayor Bums suggested Council consider the requests separately.
COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, TO APPROVE THE
FUNDS FOR COUNCIL MEMBER WOLOSYN TO ATTEND CML THIS YEAR.
Ayes :
Nays :
Abstain :
Motion carried.
Counci l Members Nabholz. Bradshaw, Yurchick. Grazulis. Bums
Council Member Garrett
Council Member Wolosyn
Mayor Bums said he understood Council Member Nabholz would also like to go. Ms . Nabholz said yes.
but she has not turned in her previous travel receipts . She said she can tum them in tomorrow. She said
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Englewood Cily Council
June 4, 2001
Page 12
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she understands that they must be reconciled before she can go on another trip . She asked Counc il Member
Brads haw if th at was correct . Ms. Bradshaw said yes, that is in Council 's rule s.
Council Member Nabholz said she would not be able to request approval of her anendanc e at CML to ni ght .
as she will not be able to reconcile her previous receipts until tomorrow. so s he will have to wait until the
next regular session. She noted it will be last minute. I will be glad to attach a sheet to that as to my
reasoning, she said .
Mayor Bums commented that that will be about a week be fore the conference.
Council Member Nabholz asked if these could be approved in Stud y Session. City Att orn ey Brotzman said
no, you need a motion .
Council Member Garren noted that Council can discuss it during St ud y Session .
COUNCIL MEMBER WOWSVN MOVED, AND IT WAS SECONDED. TO APPROVE THE
FUNDS FOR COUNCIL MEMBER GRAZULIS TO A TT END CML THIS VEAR.
Ayes :
Nays :
Abstain :
Motion carried.
Council Members Nabholz. Garren. Bradshaw, Wolosyn.
Yurchick. Bums
No ne
Council Member Grazulis
COUNCIL MEMBER WOWSVN MOVED, AND IT WAS SECONDED, TO APPROVE THE
FUNDS FOR COUNCIL MEMBER VURCHICK TO A TT END CML THIS VEAR.
Ayes:
Nays:
Abstain :
Motion carried.
Council Members Nabholz, Wolosyn. Grazulis. Burns
Council Members Garren, Bradshaw
Council Member Yurchick
COUNCIL MEMBER WOLOSVN MOVED, AND IT WAS SECONDED, TO APPROVE THE
FUNDS FOR MAYOR BURNS TO ATTEND CML THIS VEAR.
Ayes :
Nays:
Abstain :
Motion carried .
Council Members Nabholz. Wolosyn. Yurchick. Grazuli
Council Members Garren, Brad sha"
Mayor Burns
(b) Council Member's Choice
(i) Council Member Nabholz advised that Gary Pric e will be retiring after 37 years
and a gathering to honor him will be held June 7"' from 4 :00 p .m. to 6 :00 p.m . in the Community Room .
As a parent with a child who went through Bi shop and held spaghetti dinners to get th e alternative ca lendar
there. s he said . I know this will be a great loss to our school system . She encouraged Council to attend the
reception if possible. Maybe we could pull a proclamation together.
(ii) Council Member Garren said he wanted 10 clear up his apparent inconsistency.
I voted for Council Member Grazulis to attend CML because she is Council 's delegate to CML. he said .
13 . Cil)' Manager's Report
(a) City Manager Sears asked. regarding Ms . Nabholz's request for a proclamati o n hono ring
Gary Price, if there was a mot ion to have staff put a proclamation toget her and then perhaps Assistant Ci ty
Manager Flaheny or Mayor Bums or whomever could read that.
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Englewood City Council
June 4, 2001
Page 13
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Council Member Bradshaw opined that someone as outstanding as Gary Price, deserves that.
Council Member Wolosyn noted that Cher Tully, at the Alternative High School. is also retiring .
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Council Member Nabholz asked when they would be having her retirement party . She said we can find o ut
and then we need to do the same thing .
Council Member Bradshaw stated that those two have been outstanding educators.
Mayor Bums noted he would not be able to anend Thursday 's reception . He suggested Council Member
Bradshaw might read the proclamation if she wanted to . Ms. Bradshaw said she would be there .
City Manager Sears asked if Council would like to direct staff to draft something. Council Member
Bradshaw and Nabholz asked that staff draft something .
City Manager Sears said he didn 't know if Council wanted to take oflicial action.
Council Member Bradshaw wondered if Council would like to ha ve them attend the next Council meeting
and they could present it to them .
Council Member Nabholz said that would be a nice re cognition for both of them .
City Manager Sears said that was great. We will invi te them and put something to ge th er, he said .
14. City Attorney's Report
City Attorney Brotzman did not have any maners 10 bring before Council.
IS . Adjouraaeat
The meeting adjourned at 8 :20 p.m .
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, JUNE 4, 2001
1. Call to order. '7: 3'5 ~
2. Invocation. /)~
7:30 P.M.
En glewood Civic Cent er
1000 Englewood Pa rkway
En glewood. CO 80 11 0
3. Pledge of Allegiance . ~
4 . Roll Call. '7~-f--
5. Minutes .
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O,f!fi#AuJ ;·/J/Jrµ~';;__ ;o;;;;:~; of Re gular Citv Council Meeting of May 21 , 2001.~
6 . Scheduled Visitors. (Please lim it your prese nt ation to ten minutes .) »-
7.
8 .
Unscheduled Visitors. (Plea se limit your pres entation to fl ve minute ,4-/L 3 !It::,/ 70/?.S S f'Ot.E.
Ct . ~.e.. HtT~H~t!.K.-t!... TO~b Ht/F'fMAAJ) o )) ,HE-UTY's
fr . tA,em£ ~~AV!JT M~t1.lb/r;o,.J Dr r~T;E;,
Communications, Pr ocl amations , and Ap p oin tm ent s. a, /Jt.4-AIS A ,e. tJJ . UJUL,£y
°tf''l-0 a. A proclamation declaring the week o~t~~. 200 1 as Code Enforcement Recognition
\\'eek.~
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9. Public Hearing (None scheduled)
ff
10. Consent Agenda .
(JZJ} ,J.{:; ii. Council Bill No. 25 , approving the Wolhurst Landing Good Neighbor Offer relative
to the City Ditch.
Please note: If you haw a disability and need auxiliary aids or services, please notify the City of En&lewood
(303-762·2405) at least 48 houn in advance of when services are Meded. Thank you. ··· ·
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Englewood City Council Age nd a
June 4, 2001
Page 2
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iv.
V.
Counci l Bill No. 26, approving th e 2"<1 A m endment to the Sublease and A g ree ment
with the Museum of Outdoor Arts.
C o uncil Bill o . 27, approving an Intergove rnm en tal Agreement with South
Suburba n Park and Re c reation District for maintenance of the Bi g Dry Creek Trail.
Counci l Bill o . 28 . accepting V ic tim Assistance Law Enforcement (VALE ) Grant
Fundin g in the amount of $7,562 .00.
c. Res o lutions and Moti o ns. g
1 1. Regular Agenda.
a. Approval of O rdinan ces o n First Readin g.
i. CO U CIL BILL 0 . 30 -Re commendatio n from the D epartment of Parks and
Recrea ti on to adopt a bill fo r an o rdinan ce au th ori zin g an Intergovernmental
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'7-0 Agreement with the Army C o rp s of En gi nee rs fo r an Air Monitoring Station at th e
l=nol,:i,,vnnrf linlf Co11rc;,;p 4-TAFF 'iOI JRr~-n:::11110 f AO f'lnGn 4;.n:arp MianaPPr
GARRETI MOVED TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO . 30, AS MODIFIED TO HAVE A
REQUIREMENT THAT EPA GIVE US THE DATA REPORTS AS THEY COLLECT THEM .
12.
b.
C.
App~f Ordinances on ~econa Kead1ng .
Res olutions and i\ l o t ions.
Recommendation fro m the D epa rtment of Finan ce and A dministrat ive Sen:1ces to
adopt a re so lution appropriating an d t ransferrin g funds for the Ziga n Se ttl ement
(Centennial Park Expans ion Pr o je ct property). STAF~?~~CJ: ~~k Gryglewicz,
Director of Finance and Administrative Services . /tJ ~
General Discussion. APP 'D 5-1 -1 Yurchick moved to approve the funds for Wolosyn to attend CML this year
(Nay: Garrett
a. Mayor's Choice. Abstain: Wotosyn)
APP'D 6-1 Wotosyn moved to approve funds for Grazuhs to attend CML th is year
b . C o uncil M e mbe rs' Choice. (Abstain : Grazulis )
APP'D 4-2-1 Wotosyn moved to approve funds for Yurch ick to attend CML th is ye ar
(Nays : Bradshaw , Garrett
13 . City Manager's Report. Abstain : Yurchick)
APP'D 4-2-1 Wolosyn moved to approve funds for Burns to attend CM L th is year
(Nays : Bradshaw . Garrett
14. City A tto rn ey's Rep o rt . ,Abstain : Bums)
Adjournment. (f }l!J r--
The following m inutes were transmitted t o City Coun ci l between May 1 7 -3 1, 2001:
Englewood Pl anning and Zonin g Commission meeting of April 17, 2001
Englewood Code Enfo rce ment Advisory Committee meeti ng of April 18 . 2001
Englewood U rban Renewal Authority meeting of April 18, 2001
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood
(303-762·2405) at least 48 houn in advance of when services are neeclecl. Thank you.
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I. Call to Order
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY. COLOR.\DO
Regular Session
May 21 , 2001
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The regular meeting of the Englewood City Council was called to order by Mayor Bums at -:-12 p.m .
2. Invoc:ation
The invocation was given by Mayor Burns .
3. Pledge or Allegiance
The Pledge of Allegiance was led by Mayor Burns .
4 . Roll Call
Present :
Absent :
A quorum was present.
Council Members Grazulis. Garren, Bradshaw, Wolosyn , Bums
Council Members I abholz, Yurchick
Mayor Bums explained that Co unc il Members Nabholz and Yurchick were in La s Vegas for the shop pin g
center convention .
Also pre sent:
5. Minutes
City Manager Sears
C ity Anorney Brotzman
Deputy Cuy C lerk Cas tle
Director Long , Library erv1ces
Assistant City Manager Flaherty
Director Black, Parks and Re cre ati on
Busi nes s and Rede ve lopment Coo rd inator Johnson
(a) COUNC IL ME:\1BER WOLOSYN MOVED, A."IID IT WAS SECONDED. TO
APPROVE THE MINUTES or THE REGULAR CITY COliNCIL MEETING or i\lAY 7. 2001.
Ayes:
ays:
Absent:
The motion earned .
6. S.:heduled Visitors
There were no sc heduled vis it ors .
7. Unsched uled Visitors
Co un ci l Members Garrett, Bradshaw, Wolosyn, Grazulis, Bums
None
Co uncil Members Na bho lz, Yurchick
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Englewood City Council
May21 ,200 1
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(a) 8111 ;\l ulmx. 32 0 outh Galapago Street. thanked e,eryo ne for ra1 ing the bnck \\Jll on
Floyd and put1111 g in the wooden gates, because it has helped with the noise. He asked for the "all at
Galapago and Floyd . the \\Jlkway. to be closed up. not the gate. JU t the walkway. It \\Ould help" 1th the
noi e. he sa,d. and al o there I a problem" 1th the kid bring mg skateboards and ndmg them d0\\11
Galapago. They go thro ugh the "alk\\ay. so there ,s a problem mth p<>de sirlans and someone ,s gomg to
get hun
Mayo r Bum ·a,d he spoke" 1th City ;\tanager Sears today about fire emergenc,e and other emergen.:1es .
and ho" ,eh1cles ge t through that \\all to get to the neighborhood. because so me o ne "ho ll\eS o n 11 111011
asked J11m ho\\ the) \\Ill ge t emergency ,·el11cles 111 there . We talked about the ne ed fo r emergency ,i-·ccss
and how yo u ha,e to ha\'e 11 . he said. tor emergency vel11cles . He asked :vtr. ;\lu ln1.x ,fhc \\JS talkmg a ou t
ju t the \\alh,a)
;\fr. ;\luln" aid J ust the \\alk"ay. the gates are fine there. 111s the walk\,ay be 1de the gate The o ther day
we \\ere conung d0\\11 Floyd and all ofa sudden there was a kid on a skateboard lltere 1s a problem there .
he a sse ned
Mayor Bums asked about th e other walkways that go through . ;\Ir. ;\lu lmx a,d that I the o nl y walkwa v.
At In a ts the mter ecuon where yo u have the parkmg area. the trail and the \\ho le \\Ork s . He o pined that
th ere should be a light at that location. which would help pedestria n .
Ma yo r Bum said he thought there was a light proposed there . C 11 y ;\Janager Sear a,d Eng1neer111g
Manager Kahm had said the mast anns have been ordered .
Counci l :vtember Brads haw explained that those are the amis that hold the light.
Mayor Bums sa id there will be a light th e re. Mr. Mulnix a,d II secnis like so mething that would help
everything.
Mayor Bums asked iftl11s is the onl y walkwa y m the \\all. :\Ir. ;\lulmx a,d yes. ;\layo r Bums pomted o ut
that , if that was closed off, the neighborhood could not walk through that wall at all. they would ha,e to go
around the ends. Mr. Mulnix sa id yes, the y would ha,·e to go do\\11 to the end.
Council Member Brads ha w said they had put m the walkwa~ o neighborhood members could ac ce s the
light rail.
Mayor Bums added that they could acce s Wal-;\1Jn and other hoppmg.
Mr. Mulnix said he was just stating his op,mon. and he thinks there ts a problem there . Also, he cont mued ,
once the apartments open up . the visitors there will park o n Galapago and then wa lk through there .
Mayor Bums said that is not what they planned. and Council JUSt talked about thi s at Stud y Session . He
thanked Mr. Mulni x and said he appreciated hi s comments .
(b) Davi d Peterson, 2980 South Galapago Street, referenced a piece ofliterarure put out by
RTD concerning the Southwest Corridor. Down here at the bonom, he said 1t states "The Englewood
Urba n Renewal Authority is also conducting a separate pro1ect adjacent to the Elau mamtenance fa 1hty
that mvolves the mixed use development of approximately nine acres at the northwest comer of Bates
Avenue and ou th Elati Street, and south to Dartmouth Avenue." Mr. Peterson said he would like to k.,1ow
what pan of that development extends south to Dartmouth Avenue.
Mayor Bums sa td . at this pomt, none ofit. Mr. Peterson asked if thi s was a mi s print. Mayor 13ums stated
the Winslow property ts there and that extends down to Dartmouth Avenue. bu t that ,snot actuall y part of
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Eng le wood City Council
May 21, 2001
Page 3
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the General Iron Works property. It ma y be developed by the Winslows at so me time in the future. he
allowed , but our project. at this pomt. a "e po111 ted out everal weeks ago when ot her folks in the
neighborhood came here . does not extend sou th to Danmouth . Our project 1s co nt ained on the Ge neral Iron
Works site. at this point. he Slid. and RTD's rnamtenance faciliry is nonh of it. Our project foorpnnt doe -
not extend be yo nd the General Iron Works site .
Mr . Peter so n said that was his understanding from the previous meeting. but thi s gives a linle different
impression , he said, referring to the RTD literature .
Mayor Bums asked how old that was. Mr. Peterson said he just received it in the mail this week .
Ma yo r Bums said he did not know why RTD stated it that way , because we have no t chan ged our foorpnnt
since the last time the y were here , so we are still on the site wnh ou r plaruting , at thi s point. he slid.
City Manager ears sa id we have not received that brochure . Co un ci l Member Bradshaw asked 1f Mr.
Peterson had another one. ~r. Pete rson gave Council bi s copy. Mr. Sears said they want to meet wnh City
Council on the 1 u to talk about the mamtenance ce nter. prior to a meeting of the neighborhood. where the y
can actuall y ha,·e a meetmg for the neighborhood on what the maintenance center looks like . We do not
know exactly how that "orks. he sa id . but staff 1s working \\~th them. and Council has not been appnsed of
what that looks like . 11y ~fana ger Sears said we will co ntact RTD tomorrow and tell them that. 1f the y are
sending tins brochure out to the neighbors , they shou ld also send it to Ci ty Council.
Mr. Peterso n asked for clanficauo n about the meeting . City Manager Sears said there is a me et111g wnh
City Co un c il on June l u. and 1t 1 basicall y to let Counci l know about some of the iss ues related to a
neighborhood meeung the y are planmng to have sometime in middle or late June . Mr . Petaso n said the y
actua ll y men uon m the brochure the 1ty Co uncil meeting as being this one . Co un c il '.lll embcr Bradshaw
clanfied that the fir t meetmg to discuss the mamtenance facility is June 61
h. She said ,t will be 111 thi s
building , but not with the Engle,wod ity Council. Also , she said. the brochure say to conta t '.lllark
Graham at the It)' of Engle\\oOd 1f yo u have any questio ns.
!'-.1ayor Bums told !\Ir. Peter on that he appreciated tu bnngmg the brochure by, because none of them had
see n 11
Council ~1ember Bradshaw asked '.lllr. Peterso n to keep us posted.
8. Co mmunica1ions. Proclamations and Appoinlments
(a) A proclamation declaring Milton and Berni ce enu as Englewood 's C,uze ns of the Year
for 200 I was cons idered . Mayor Bums said this proclamati on was actuall y presented at the 1t1zen of the
Year Award ceremon y, but this is the formal proclamation .
COUNC IL MEMBER BRAD SHAW MOVED. AND IT WAS SECON DED . TO APPROVE A
PRO CLAMATION DECLARI NG MILTON AND BER NICE SE;IIT I AS ENGLEWOOD 'S
CITIZENS OF THE YEAR FOR 2001.
Council Members Garren, Brad haw . Wolos:r11 , Gr azulis , Bums
None
Aye :
ay :
Absent :
The motion ea rned .
9 . Public Hearing
Co un ci l Members . abholz. Yurch1ck
·o public heann g was s heduled before Coun 11.
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Englewood City Co un cil
Ma y 21. 2001
Pag e 4
10 . Consent Agenda
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COUNC IL '.\IDIB[R BR.\DSHAW RDIOVED ITDI 10 (c) (\') FRO:\I THE CONSDIT
AGENDA.
COVNCIL :\IBIB[R GARRETT MOVED. A'.'iD IT WAS SECONDED. TO APPROVE
COJ\SENT AGENDA ITD1S 10 (a) (i), (ii). (iii). 10 (b) (i). (ii). A'.'ID 10 (<) (i). (ii). (iii). (h·).
(a) Approval ofOrdmances on F1rs1 Read 111g
(1) COLr:-ClL BILL NO 24. l>ITROD "CED BY COli>IC IL MEMBER
GARRETI"
A BILL FOR AN ORDl"KAN E AL'THORJZI>IG A ··C ITY DIT CH LICENSE AGREEI\IEN T" FOR A
STORM ORAi , CRO TNG STRGCTL'RE OVER THE CITY OF E:\'GLEWOOD"S RJGHT-OF-\V .. \ Y
FOR THE CITY DITCH BETWEE:-.: THE CITY OF LITTLETON , CO LORADO A>ID THE CITY OF
E. GLEWOOD. COLORADO .
(1i ) COL'NC IL BILL NO . 25. INTRODUCED BY COU'-/C IL :VIE:VIBER
GARRETT
A BILL FOR AN ORD INA:S:CE AUT HORJ ZING A GOOD "-;E JGHBOR OFFER TO WOLHL'R T
LANDING OWNERS A OC IAT ION HELPI~G FUND CONST RUC TIO N OF A CONCRETE
SURFACE DRAIN BETWEEN THE CITY DITCH AND THE WOLHURST LA ND IN G TOWN I·IOME S
TO THE WEST .
(iii) COL'":s:C IL BILL :S:0 2 . I:-.:TRODUCED BY COUNC IL MEMBER
GARRETT
A BILL FOR A. ORDl>lA:-.:CE ACTHORIZI:-.:G THE ACCEPT A'-ICE OF AV ALE GRA'-/T FRm.l
THE VICTlM ASSISTANCE LAW E:-.'FORCE:\IE:S:T BOARD OF THE 18m JUDI CIAL DISTRICT .
(b) Approval ofOrdmances on e ond Reading
(1) ORDNA'.'ICE NO . 23. SERJES OF 2001 (C OL'N CIL BILL NO . 22.
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINA CE A THORJZI:-JG A INTERGOVER_'lMENTAL GRA:-JT AGREEMENT BETWE EN
THE CITY OF ENGLEWOOD. COLOR.ADO A. D THE STA TE BOARD OF THE GREAT
OUTDOORS COLORADO TRUST FUND PERTA INING TO THE SOUT H PLATTE RIVER, ANT A
FE CO RRID OR OPEN SPA CE PLAN .
(ii) ORD INA CE , 0 . 24 , SERJES OF 2001 (COL'NC IL BILL NO . 23 .
INTRODUCED BY COUNC IL MEMBER GARRETT)
AN ORDJ. A CE A THORJZING THE DELEGATIO 'TO THE CITY A1 D COl.J'NTY OF DENVER ,
COLOR.A DO THE A THORJTY OF THE CITY OF E. 'GLEWOOD. COLORADO WITH RESPECT
TO THEISS A. 'CE OF SINGLE FAM ILY HO'.v!E '.'v!ORTGAGE REVENl.i E BOND (THE ··BONDS "')
TO FINANCE RESIDENTIAL HO Sl'-/G FACILIT IES FOR LOW AND \1IDDL E INCm,IE PER 0:-.!S
AND FAMILIES WITHIN THE CITY OF ENGLEWOOD , COLORADO AKD CERTAIN OT HER
CITIES AND COUNT IES Ii THE STA TE OF COLOR..\DO : APPROVING SCCH BONDS AND A
SINGLE FAMILY MORTGAGE LOAN PR OG RAM ; AND AUTHORJZING THE EXECUT IO , A, D
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Englewood City Council
May2 1,200 1
Page 5
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DELI VE RY OF A DELEGATIO AGREEME, TA. D OTHER DOCUN1E , TS fN C01'11'ECT ION
THEREWITH .
(c) Resolutions and Motions
(i) RESOLUTION NO . 43. SERJES OF 2001
A RESOLUTION APPROVING THE SUl3DIV ISION OF PR O PER TY LOCATED APPROX l;\lATEL Y
60 FEET WEST OF SOUTH RARJT AN STREET, EXTE~rNG FROM WEST BAKER A VE'.\'UE TO
WEST HARVARD AVENUE FOR THE MO NTCARO SUBDIVISION.
(ii) RESOLUTIO N :-JO . 44 , SERIES OF 2001
A R.ESOLUTIO AUTHORIZING A ''LI CENSE AGREEME i T' AND A "GRANT OF
CON STR UCT ION EASEME T " TO WA TS01 LA NE , LL C. FOR T HE CONSTRCCTlON O F
WATSO N LA NE ACROSS TH E BROWN DITCH .
(iii ) P RCI-lA SE OF O FFI CE FURN ISH!NGS FOR TH E
LITTLETO /ENGLEWOOD WASTEWATER TREATME. T PLANT'S SERVICE CPPORT
FACILITY EX PA N 101' FROM JORDY CA RT ER CO MMERC L<\L I TERIORS IC' T H E A'.\10L~T
OF $66,223 .20.
(1v ) CO:--T RUCTIO :--ONTRA CT FOR CO , CRETE PR OGRA M 200 1 W ITH
CONCRETE WORKS OF O LORADO IN THE AMOUNT OF $180.270.00 .
Vote resulh:
Ayes ·
Nays :
Ab e nt :
The motion carri ed.
Co un ci l Members Garren, Bradshaw. Wolosyn . Grazuh s. Bums
'one
ouncil '.\1embers Nabholz, Yurchick
(v) Director Lo ng presented a recommendauon fr om the Library Department to
approve a contra c t for the Hi s1o n ca l Stru cture Assessment ol'the Eng lewood anta Fe Depot.
Counc il Member Bradshaw asked how that would amculate wnh Mr . Ful lerton 's plans to use th~ Depot.
Mr. Long sa id this was requested pnor to Mr. Fullenon 's p ro po al. and thi s 1s also now a re quirement by
the Colorado Historical Society for an y additional work that ma y be do ne on th e Depot , smce 11 1s on the
State Regis ter .
Ms . Bradshaw said okay, she JUSt needed clarificauon on that. becaus e she did not want us domg someth in g
twice , financiall y.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A
CONTRACT FOR THE HISTORJCAL STRUCTURE ASSESSMENT OF THE ENGLEWOOD
SANT A FE DEPOT WITH SLATER-PAULL & ASSOC IA TES , I NC. IN THE A.\10UNT OF
Sll,000.00 .
Ayes :
a ys :
Absent :
The motion camed.
I I . Regular Agenda
Council Members Garren, Bradshaw, Wolosyn, Grazulis , Bums
None
Counci l Members abholz , Yurcluck I • 0
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Eng lewood City Counc il
May 2 1, 200 1
Page 6
(a) Approval of Ordinances o n First Reading.
( i) Assistant C ity \1anage r Flaherty pre ented a re onuncnda11 on from the ,ry
Manager 's Office to adopt a bill for an ordinance approving the econd Amendment to the Sublease and
Agreement wi th the Museum of Outdoor Arts . !\<Ir. Flaherty advi ed that the ~luseum of Outdoor Arts
would like to request an amendment to th eir sub lease with th e 11y. The purpo e of the amendment would
be to pemut the Museum of Outdoor Arts to serve alc ohol and to apply through the it_ 's Liquo r Licensing
Au th ority for an Arts License . As it stands now. th e mu seum ha the ab,hty to provide liquor se rvi ce to 11 5
gue sts, however, they must be invited guests and the y must monno r to be sure no umnvned guests arc
served alcohol. That has prove n to be diffi cu lt fo r them a t ome of their openmgs at \\l11 c h th ey ha ve
invited guests and they also ha ve individua ls "ho attend . pcrhap umm 11cd. but welcome . The mu seum
ha s discussed this issue with our loca l authon11e s re gardmg m nng forward wnh an Arts Li ce nse . He said
it was hi s understanding that th e City 's liquor comnuss ,on ha requested that. 1fthey mo,·e fo rward wi th
the request fo r the Arts License. the C ity mu s t s tate s pe 1fically 111 the contract that th ey arc pem1irted to
serve alcohol.
Ma yor Burns asked if th ere is an Arts Li cense existing now. as a separate krnd . A -s, tant City Mana ge r
Flaherty advi sed that it is a catego ry o f liqu or license that ,s a ,·adable . The ~'lu cum of Outdoor Arts does
not have a license al a ll at th is time, and are ba sicall y serv mg only be ausc they are a pnva te entny and can
erve in vited guests o nl y. wi thout licensmg .
Ma yo r Bums as ked if they had go tten Special Events Perrnns. Mr. Flaherty replied that the y ha,e
requested one Special Events Permit for an upconung event. They would like to pur ue the Ans License ,
rather than appl y for individual S pecial Events Permits for ea c h e, ent that the y have .
Mayor Bums said, j ust Lo clarify, there is an Arts License alread y on the books . ~I r Flahert) aid )C . 11 ,s
a category that exists. Mayo r Bums said that is why they can si mpl y amend th eir agreement and be
afforded the benefit of that. Mr. F laherty said that is co rrect .
Asking for clarification, Coun ci l ',,!ember Brads haw said th ey want to amend the agreement w11h us .. \1r.
Flaherty sa id yes, they want to amend the agree ment with us. and it is basic all y just a spec ifi c. one se mence
change, that allows them to serve alcohol , subject to the appropriate licenses.
Ma yo r Burns asked if yo u can obtain pennission to use thi s category of license in an agree ment rather than
having an ordinance .
City Attorney Brotzman advised that our liquor board is very s pecifi c. They do thi s wnh all businesses,
whether yo u are 7-E leven or Conoco . Our liquor board requires that yo u have an affirmative stat ement
from the person li censing the property that you have the right to sell liquor. Thal is all that ,s happenin g,
our liquor board requires that. Befo re the museum goes to our liq uor board. we are making sure that we
have our ducks in a row, JUSt like any o ther co rporation would .
Co uncil Member Bradshaw as ked if th ere arc any fees associated with MOA 's use of our building, o ut s id e
of regular hours.
Mr . Flaherty said he believes the contract language allows them to use the facility dunng o ur regular
business hour , which are defined by contract , and a ll ows them to use 1l o ulSld e our busi ne ss hour s w11 h111
reason . There 1s a lso the mher issue relati ve to whi ch po m o n of the build mg they are using . They ·an use
their own s pace. and the y also have the nghl to us e the Commumry Room a nd the ye t-to-be-compl eted
cu ltural art s pa ce. up Lo nmety t1mes a ye ar wnhoul charge . After the 111net1eth t1me , they would pay th e
ex1st1ng ra te. he said .
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Englewood City Counc il
May 21. 2001
Page 7
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Council Member Brads haw recalled that. a couple of weeks ago. we had an idea sheet from a con1m1ttee.
he said she did respond to that, but she has some con cerns , not about MOA , but outside people usmg this
facility. and maybe some our citizens can't because outside people have already scheduled it, and that kmd
of thing. This is our city's conunumty center. she said. lt is imponant that we let the ci tizens know that
their needs come first. and if there are any outstde act1v1t1es that cause an extra charge to get the rooms
back to where they were when we leased them. those act1v1ties need to pay for that. she o p ined . \<Is .
Bradshaw said o ur citizens do not need to pro, tde maid service to outside people 10 use thi s facility.
Mr. Flaheny said, in ternlS of MOA . we have had a fairly good working relationship and, although the y
have scheduled a couple of events outstde our regular ho ur s, those have been ve 1y few. We have had
conversations with them about that. he said. and they are makmg an effort to avoid sc heduling those eve nt s
outside of when we have staff in the bmldmg. There are a couple of exceptions 10 that. he allowed. but
those have been very few .
Ms. Bradshaw sa id that 1s a huge amount of pace, and 1f you go to a private place 10 rent that or try to timl
any facility like that. It would cost you dearl y. She s aid she kJJnws the y are our tenants. but b y the same
token, she felt the y need to re spe t the bu1ld111g itself.
CO ~Cll !\IE!\IBER WOLOS~ '.\IOVED. A~D IT WAS SECO~DED. TO APPROVE AGE'.'IDA
ITE'.\I 11 (a) (i) -COU~Cll Blll ~O. 26.
COUNCIL BILL NO. 26, Ii TRODL'CED BY COL"NC IL MEMBER WOLOSY.
A BILL FOR AN ORD INANCE AUTHORIZING THE ACCEPTA'.'/CE OF A SECOND A.\1E'.'1DME~T
TO T H E AGREEMENT AND SUB LEASE BETWEEN THEM SEUM OF OLiTDOOR ARTS (~IOA),
THE ENGLEWOOD ENV IRO NMENTAL FOUNDATION , INC. (EEF) AND THE C ITY OF
ENGLEWOOD, COLORADO (C ITY).
Vote results:
Ayes :
'ays:
Absent:
The motion carried.
Council Members Garrett, Brad haw. Wolosyn, Grazults, Burns
None
Counci l Members Nabholz, Yurch1ck
(11) Director Black presented a recommendation from the Department or Parks and
Recreation to adopt a bill for an ordinance approving an lntergo\'emmental Agreement with outh
Suburban Park and Recreation D1smct for maintenance of the Bi g Dry Creek Trail. He advised that .
several weeks ago, Bob Seams. from Urban Edges, attended a work session wnh Counc il. and gave them
an update on the Big Dry Creek Trail, which 1s moving forward rapidly no, TlllS agreement would
forrnahze the agreement with the City of Englewood and South Suburban Park and Re rea11on D1 stnct,
whereas the y would ma111tarn the trail from Windem1ere to the Plane River. urrentl y. he said. the u y of
Englewood mamtams the trail from Progress Park to Windermere .
Mayor Bums asked about the bridge being constructed there. and whether they would assume mam1enance
of that, too . Mr. Black aid yes. the y would take It to the nver and across. They currently mamtam the
greenway trail up to the golf course and through the golf course, he said, as part of that , a lso.
COUNCIL I\IEMBER WOLOSY'.'I MOVED, A~D IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (a) (II)-COUNCIL BILL NO. 27 .
OU , C IL BILL NO. 27 , INTRODUCED BY CO , 'C IL MEMBER WOLOSYN
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Engle, ood C ity Co un cil
May 21, 2001
Page 8
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A BILL FOR A:-1 ORD!, A:-I CE AUTHORJZ!NG A !NTERGOVERNYIE:-JTAL AGREEME:-JT FO R
MA!NTE:-IANCE OF TH E BI G DRY CREEK TRAIL BETWEE, SO TH SUB Ll RBA '.\' PA RK A:-.:D
RE CREATION DISTRI CT A:-SD THE C ITY O F DiGLEWOOD.
Vote results:
A yes :
:-Says :
Absent:
The mo ti o n earned .
Coun ci l Members Garrett. Brads ha w . \\'o los )TI . Grazu h . Burns
None
Co un c il \llembers :-Sabhol z . Yurclu ck
(b) Approval of Ordinances o n Second Readi ng .
There were no addmonal items s ubmitted fo r a ppro val o n econd read mg . ( ee A genda Item I O -Con,cnt
Agenda.)
( ) Re o luu o ns and Mot io ns
(1) Bus mess and Redeve lo pment Coordinat o r Jolm so n pre ent ed a re ommcndauo n
from the Depanmell! of Co mmunity Develo pmell! to adopt a resoluuon authoriz mg an lnce ntn·e Payment
Agreement wnh Gart Bro . S ponmg Goods Company for re location of the ir CO 'l)Oratc hcadquaners to
Engle"ood. She a kito\\ledged so me people in th e audience . Present were Da vid Fneder. the Vic e
President of Sto re Planning and Purchasing for Gan Spans Company, and. also. B1ll '.\lueldener. th e
Manager of Mull!-tatc Tax Services at Deloitte and T o uche , which is a consult mg firn1 workmg wnh G an
Spon s m their relo ation plans . We wou ld ha ve Bob Simpson here th is even in g , but unfortunat e ly he is
a\\ay on bus iness. as are man y of the Gan team. she exp la ined . We are talkmg tonight about a re soluu o n 10
es ta blish bus me ss redevelopment incentives as a method ofoffsening a p o nion of what the cost for
relocauon of th is company will be. As a sta ff, we have been working "ith Gan fo r a few weeks and the y
are in the midst of nego tia 11ons for a fifteen year lease , she said , for th e building loc at ed at 10 50 Wes t
Hampden, th e forn1er Ho me Ba se building. We trul y apprec iate Coun c il's vis ion and dedication as we
have gone through this proces s, and 10 see what Council ha s done in th e redc,·el o pment ofCityCenter, the
o ther bu sme ss-suppom ve policies and programs currentl y m place . All tlu s has come together to ma ke a
s ub tant1al contr ibuuon to Gan·s interest 111 Englewood, she said . If the company decides 10 mo ve here . we
are talking about the rede ve lopme nt ofa nmety-two thousa nd square foo t warehouse property, she advised .
This would beco me CO 'l)o rate headquarters fo r a S 1.1 billi o n company. This is a CO'l)ora te headquarters
tha t would ha ve 265 emplo yees with a poten!Jal to go up 10 420 emp loyees. she advi sed . Fo r a commu1111y
the siz e of Englewood. s he added. that ,s hu ge . We are talking $20 milhon in annual payroll , the initial
avera ge wage of over $59.000 .00, she aid , while the average Colorado wage currently is $34 ,000 .00 .
These are high-wage employees , w11h over two-thirds at a professional level. The e nure executi ve sta ff
would be here and , o n da y one, they would be the eight largest employer in the Ciry of Englewood . If the y
go through wnh all thei r expansion plans . the y cou ld easily climb to number six or number five . s he said .
This company is plarn11ng a S5 nulhon to S million investment in expansion and invesrmen t, so th is ,s all a
part of Co un c il's continued s uppo n fo r the Englewood business communi ty. With the rel ocati o n of this
type of compan y yo u will increa se the da ytime demographics and the sub seq uent spending that goes al o ng
with that. Ms . Johnson said you will also increase business at both CityCenter and Broadway. Ec o nomic
deve lopment models, for example, show that there wi ll probably be three restaurants that will open or
ex pand to meet the potential of the $20 million in annual payroll. We also antic ipate over $500,000 .00 in
s al es tax revenue in the fifteen-year lease , just ba sed on the spending from the people m the company. We
have had the pro posed incenti ves for economic development reviewed by staff, she said , and we have had
an o ppo nunity 10 work thro ug h issues with Gan Co mpany. We are re commending approval o f the
resolu uo n before Co uncil tonight , she said . This is a rebate of a ponion of wha t the compan y wi ll be
paymg to the City. The Ci ty will accrue all the ta xes and then remit back to the company in the form o f the
rebate, she ad \'i sed . Acrual expansio n, rather than planned expans ion . will determine th e rebate, s he sa,d .
so , 1f yo u look at the resolution yo u will se e there are caps in place and ll is based upon acrual amount s .
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Englewood City Counci l
May 21. 2001
Page 9
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This is through the life of the business. s he said . We anticipate our value and their im estment m the
conmmnity, our cost and the benefit to the community. to result in a benefits-to-cos t ra110 . "nh bendits. uf
three to one . We think that is substantial for this city, she said. You will no11ce we are looking at rough!)
$205.000.00 in rebate potential. but you are also looking at a co mpany that 1s putt ing in over 260.000.00
in their own cost. plus you are looking a t receiving $686,000.00 in direct benefits. Those are s uch thm g a
permit fees, review fees. use tax and so on. as well as property tax. once th e mi11al lime frame ha s gone b~.
plus the sa les tax . This falls within previous Council actions. and there are also indirect benefits, such as
increasing awareness in a positive perception of Englewood. a higher image and hig her profile to attract
other office users . The City has been very fo rtunate in their effons for redevelopment, she said. and tlu s 1
something that will assist General Iron Works, perhaps Elati and perhaps Acoma a they are \\Ork.mg to
attract those types of use rs to the city. The suppon staff that wi ll come in wi ll al so s uppon other uses. he
said. suc h as restaurants, office s uppl y, attorneys. retail, perhaps a hotel that would be interested m loca1111g
near a co rporate headquaners of thi s size. As previously mentioned. it falls within previous Co un cil
aCllo ns , s uch as First Data relocat,on , and wo rk ing with the Catalys t Program, which is spumng econon11c
de,·elopment and growth along rhe conm1erc1al comdors. We are looking ar the size of this type of a
proJect as roughly m the same league as domg fifteen Ca tal ys t Programs over a course of five years. rhar is
three a ye ar , s he said . and the program currently 1s doing eig ht ro fiftee n. They are pnmanly on Broadway,
but 11 1s open to Hampden corridors . Ms. Johnson urged support of the resolution so that the y ca n move
forward on rh,s proJect . and continue nego11arions with the company as they make their relocation plans.
ouncrl Member Wolosyn asked what Ms . Jolmson meant by .. life of the business ...
Ms . Johnson responded that the company 1s ne gotiating a fifteen-year lease, so we know the y would be
here a minimum offifleen year . They also have some opllons after that, bur the y have already said the y
do not want to do thi s every twenty years. Thts 1s rhe first 11me that Gan Sports has ever relocated. and
there is a lot of work and effon gomg into it. They are look mg forward to being able to consolidate their
offices , she advised. and are on a fair ly fast 11me line . If everything goes through as th ey hope , they start
consrruc uon in July and their marketmg depanment wo uld be rakm g over pan of the building in September.
They wo uld do all the ir own in-house advenising, so the y would have a ponion of the building se t up to do
that , she said, and they would be fully moved in by mid-November. That is a reall y fa st time line to get
thmgs accomplished .
Regardrng the Financial Impact Sheet. Council Member Wolosyn asked. whe re it says .. year two ro five
Gart cos ts", if that me ant eac h ye ar or a ll three years lumped together. Ms. Johnson aid it means lumped
together.
Ma yo r Bums commented that he also had wanted to clarify that point. And that is where yo u are gening
the $205,000.00. You are adding th e S 109 ,000.00 and the $96,000 .00 together as porenual benefit. It docs
compon wi th other benefits we have given to First Data , he recalled .
'vis . Jolmson said we are looking at rhe1r cost to the C uy at berng roughly $296,000.00. Thar rs" hat they
are gorng ro pay in permit s and review fees . which are rhe fees that are not gomg 10 be impac ted by rh1s .
Mayor Bums felt this was obviously quite a boost to this area , and we have a lways had a problem wnh our
demograplucs around here, at lea st that is what the retailers tell us . Co un ci l Member Bradshaw sa id that is
what Miller tells us. Mayor Bums said yes . we get tired of hearing it, but obviously the impetus and the
dynan11cs are sure to upgrade that. Tlus 1s the first rea l dramati c evidence we ha ve seen of that since we
have done all the improvements m our project here and Mayor Bums fe lt it wo uld con11nue . He said he
noticed the Denver Post reponed there ,s a glut of oflice space now acc umulat ing in the South east Co rridor
and do"'1nown . Also. our CAFR sa ys, because of those pressures, there ma y be a better market here. rn this
area. and rh1 s c an o nl y help that. He s aid he was very pleased that Gan is here and that they are makrng
thrs proposal. There was a mce anicle in the Post on the eighteen th , wit h a pi cture of their CEO, who came
here to our meetmg. Mayor Bums said he was very excited about thrs , and he fel t we sho uld approve Jt .
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Englewood C ity Council
Ma y 21 , 2001
Pa ge 10
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Council Member Wolosyn said thi s is an exa mple of where we spend money in ,ues for o ther reason than
to make mone y. We are inves ting in c hanging the face of the conmmn ity and makmg ure that It 1s, ,able
in twenty years . lfwe do things like this , the co mmuni ty won 't dec ay. it \\Ill grow, "e ho pe. and that IS
more impo nant sometimes. she said.
Counci l Member Garren asked, re garding the status of the negouauons \\'1th the current o wner of the
propeny, what the drop-dead date to make a decision would be. !'vi s . Johnson asked :>-Ir . Fneder ,fhe had
an answe r for that. She said she knows the propeny owner is very mterested m ha vmg them there and 1s
very motivated , but she was not s ure if the y ha ve a drop -dead date . Mr. Fneda aid not exa ctl y. but their
goal is to reach an agreement as soo n as possi ble . '.'vlr . Garre tt a ,d he did not know 1ft hcy "e re under
pre ss ure to vacate the pr~mi ses m some of their satellite om es . :>-Ir Fneder a ,d the pre s ure s are 1ntr mal
and they would like to conso lidate as soon as po s,ble, but the pre ures are not from outside ources
Ms. Johnson said the land owner is very motiva ted for them to s tan onsmu:uon on Jul y 1 ·'. to try to mret
that time line, so there is a lot of potenual there to get that ac omph hed .
Co uncil Member Grazulis comme nt ed that she ee th is as a rremend u value to Englewood. and
welcomes their thinking of Engle "ood in this manner.
Mayor Bums said he is impress ed by the time hne. as 1t ,s much qu, ker than you would expect.
Tiie reso luuon was assig ned a number and read b) tule :
RESOL UTION. 0 . 4 5 . SERJES OF 2001
A RESOLUTION AUTHORJZING AN rNCENTIVE PAY'.'vl E:-IT AGREEMENT BETWEE N GART
BROS. SPORTING GOODS COM PA.'~Y AND THE C ITY OF E:--GLEWOOD FOR
REDEVELOPME1'T AKD C'O SOLIDATION OF THE GART BROS. SPORTl1'G GOO DS
COMPA N Y CORPORATE HEADQUARTERS TO BE LOCATED AT 10 50 WEST HA'.'v1PD E1'
AVENUE, IN THE C ITY OF ENGLEWOOD, COLORADO .
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGE~DA
ITEM 11 (c) (i) -RESOLUTION NO. 45 , SERIES OF 2001.
Ayes : Coun ci l Members Garren, Bradsha w, Wolos~11 . Graz uh s , Bums
Nays : None
Absent: Counci l Members Nabholz, Yurchi ck
The mo tion carri ed.
12. General Discussion
(a) ;'-.fa yo r 's Choice
(i) :>-fa yo r Bur11s said Council has not me t formally s ince he and Counc il Member
Wolosyn went to the DRCOG workshop and retreat on the 12 "'. He felt it was quite beneficial and would
like to have DR COG come down to a Study Session and explain where the re structuring and re -s taffing is
go mg. B,ll Vidal. the Executive Director, is asking the board to be much more pro-active in makin g
decisions about the rransponation needs of the merro area than the y have in the past. He felt there wo uld be
ome interesting thmgs happening with DRCOG in the near future .
(ii) Mayor Bur11s ad vised that the c ontrac tor for the TREX constru ctio n wo uld be
announced tomorrow. and he would be attending with City Manager Sears. We will see what comes of
that , he sa id, and what the plarming is. Shonly thereafter there will be more meetings on the Southeast
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May 21. 2001
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Corridor as th e contractor is selected and the design phase comes alon g , o we will know mo re abo ut how
that nught impact us .
(iii ) M ayor Bums stated that on Saturday mommg he appe ared a l a Pan -A si an
De, elopment Conference in Westminster. He said he was asked several ume 10 go 10 thi s. and the ma yor
of Lakewood was there. 100. Several of these fo lks. as o ften happens wnh our Englewo od addres es m the
Southeast Corridor. were fully convinced that the y were m the Cny of Eng lewood and that the y sho ul d
make co ntact with the mayor of Englewood . He said he had 10 explain once again where the C ity o f
Englewood actually is , but they were, nevenheless. interested in o ur c ultural ans and we ma y get some
more contacts from this community.
(b) Counc il Members ' Choice
(1) Counc il Member Garrett :
1. He said that. k eeping with past tradiuon. he \\OUl d hke 10 make a mouon regardmg the Kee p
Engle"ood Beauuful GolfToumamenl.
COU;\CIL '.\IE:\IBER GARRETT '.\IOVED, AND IT WAS SECONDED. TO spo:,,;soR. AS A
COl.iNCIL. EIGHT GOLFERS I:"< THE KEEP E:"IGLEWOOD BEAUTIFUL GOLF
TO R:'IA.MENT ON JU:"IE 11 , 2001 AT THE ENGLEWOOD GOLF COL'RSE .
Ayes: Counci l Members Garrett. Brads ha w , Wolo yn . Graz uhs. Bums
Na ys : None
Ab e m: Coun c il Members Nabho lz , Yurch,ck
The mo tion carried.
2 . He said a c iuzen has contacted him regarding traflic on O xford. Co inc,dema ll y, there was a
meeting on Tuesday of last week that the y could attend which dealt wnh so me of those trafli issues . As
we all know, traffic is s ue s are bad throughout the metropolitan area and will continue. he said. \\'e are
staning the processes of looking at those issues through c itizen forums thi s momh and next momh.
(ii) Counc il Member Bradshaw:
I . She advised 1ha1 the MOA exhibit. Myths and Le gends , wo uld be fratunng loc al amst Lynn
Fheger Countryn1an , who gre w up in Englewood. That wi ll be from the 2 1 1 of th1 month to the I ·"' of
August, she said.
2 . She thanked Open Space Manager Lee for bemg so re spo ns ive in cleaning up the stora ge area at
the Servicenter. She said s he reall y appreciated hi s effons and hi s wi llingness 10 hold the C ny 10 th e same
standards that we a sk of o ur citiz ens .
(iii ) Council \-!embe r Grazulis:
1. She reconunended approval of the renaming of the resource room for the Englewood Hi s torical
Society as the Ro y and Ethel Allenbach room. They have been so dedicated and committedt 10 Englewood
over the years and she fell n was very impo nant that we recogni ze them.
COUNCIL '.\IEMBER GRAZULIS '.\IOVED, A.ND IT WAS SECONDED. TO RE:"IAME THE
[:"IGLEWOOD HISTORICAL SOCIETY RESOURCE CENTER ROOM TO THE ETHEL AND
ROY AL TEN BACH HISTORICAL RESOURCE CENTER ROOM.
Mayo r Burns said we ha ve a renaming policy, but he fel 1 th1s would be a wonderful honor for them a nd he
c enaml y approves .
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Englewood City Co uncil
Ma y 21 , 2001
Page 12
Vote results:
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Aye s :
Nays :
Council Members Garren. Bradshaw , Wolosyn. Grazulis , Burn s
None
Ab ent : Council '.'vlembers Nabholz. Yurcbick
The motion carried .
2. She said she was re sponding publicl y 10 a resident 's call regardin g South Washington Srre e1
parking concerns agam . She said she spoke with Director Ros s about it. and so me other people . The ca ller
said he wanted to reiterate that it 1s not the students that he is dissatisfied with . It 1s th e after sc hoo l and
weekend activities, which are every weekend , including Sundays. He wanted Co unc1l 10 re v1s 11 the outh
Washington parking problem to see if it should be by permit.
Ma yor Burns asked 1f she had poken with Dire ctor Ross about it. Ms. Grazulis said he had . She sa,d she
was bringmg II forward be cause the gentleman did not think that pe ople li sten 10 him and so she was lenmg
him know that Coun c il 1s hste nm g and are aware of hi s co nc erns .
3. She said she parked in the lot Just we s1 of the :".!alle y ent er the other da y and 11011c ed a lot of
tra h m the bushes and alon g the gu tt ers.
(1v) Council Member Wol osyn :
1. She expressed appreciauon for bem g able 10 go to the DR
night. when the spent four hours di scuss in g that rn gh t 's issue s
retreat. es pe ciall y on \\'edne sda y
2. On Saturday. she said she wa forru nat e enou gh to have Gary ear and Gary Hultberg with her
for a meeting with the SMARTS ! group , wh,ch I m th e development stage of the South :".ktro ARTS
Center lnitiative . She said. for her . 11 was a great opportumty. she "as glad he go t 10 speak , and al so. she
felt the y have great arguments for the prese nce of ans center a regional gathermg pla e an d as the final
component to make a commurnty. he did not feel. ho"ever, that their so lu11on fit as well as the one that
Englewood 1s plaruun g. But II wa grea t, he a sened. he aid she "as afr;ud to go and gl ad that she
went .
3. She re called that. back when the y did the ordman ce on the "ed1 h Hospital add1non . iry
Manager Sears had mrroduced her 10 Mary Whue. and the y talked about the hos pnal and the C ity. he sa id
she had mentioned the Swedish Task Force, jokmgl y, that we have this thmg that she and Coun c il Member
Yurch1ck serve on that had never had a meeting . She said we should get 1t gomg agam and , at th e ACE
meeting a couple of weeks ago , Kath y A henfeher told her Ms . White wanted her to call her, so we are
going to have a meetm g. She said we should meet for a preliminary discussion on what it will b~ and what
the tasks will be . he aid , besides herself. it would be Co uncil Member Yurchick and , also . City Mana ger
ears will s u m on the me et mg of :.1a y 30th at 7:30 p.m .
Ms. Wolosyn adde d that the y had not had a chance 10 talk about how successful ACE was . She said it wa s
a great meeting with new voices and people not reall y knowing each other, but confirming each other 's
ideas about the City . She felt it was very enlightening and positive .
4. he said that Marilyn Brenengen . of the Greater Englewood Chamber ofConunerce, had asked.
through City Mana ge r Sears , to have a meeting of those three major groups , the City, Englewood for
Busme sses and the Chamber. She said that she and Council Member Yurchick felt that ACE had to be a
pan of 11 , Just to di sc uss the bi g picture of where we are gomg . That meet mg will be on Ma y 3 I", she
advised , at 7:30 p.m.
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Ma y 21, 2001
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City Manager Sears said he thought it was going to be in the afternoon. Ms. Wolosyn said yes , he was
correct, it will be in the afternoon.
Business and Redevelopment Coordinator Johnson stated that the meeting will be on May 31 " from 9 :00
a.m. to 11 :30 a.m. at the golf course.
13 . City Manager's Report
(a) City Manager Sears advised that he had spoken with Open Space Manage r Lee today. It
appears that, even though the storrn was prerty tough last night, we really only lo st a linle bit of vegeta!lo n
in some of our parks . We had some neighbors who had problems, so our crews were helpm g them, he said ,
but we came through a prerty severe storrn in a lot bener shape than he thought we wo uld .
(b) City Manager Sears said that he went with Chris Olson, Don Schoenbein and Jim Ulrich
to Emminsburg to receive an award last week for our training. It was very nic e and we are proud to have
received it, he said .
14 . City Attorney's Report
(a) City Anorney Brotzman ad vis ed that he would be going on vacatio n. Nanc y Reid will be
taking care of the legislative and administrative maners , he said, and Dugan Comer and Chip Rich wi ll be
taking care of prosecution. Mr. Brotzman said he would be leaving tomorrow and would be go ne fo r rwo
weeks.
15 . Adjournment
MAYOR BURNS MOVED TO ADJOURN. The meeting adjourned at 8:30 p.m.
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PLEASE PRINT
NAME
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PUBLIC COMMENT ROSTER
AGENDA ITEM 7
UN8CHEDULED VISITORS
DATE: June 4, 2001
UNSCHEDULED VISITORS MAY SPEAK
FOR A MAXIMUM OF FIVE MINUTES
ADDRESS
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TOPIC
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C!,h t r r, e. ~ a...-.J.:f .:1.; ? 1 L-v~~l /
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PRO C LA :VL\TIO N
WHEREAS , Code Enforce ment Offi cers provide for t he safety. health and welfare of t h e
citizens of our community through the e nforcement of building , zoning. h ous in g, a rum al
control, fire safety, environmental and other code s and ordinances; a nd
WHEREAS , Code Enforcement Officers are often not credited for the jobs t hat they d o in
saving lives and improving neighborhoods, as a re emergency personnel s u ch a s polic e. fir e
and emergency medical services; and
WHEREAS , every day, a ssisted by s upp or t a nd progra m st aff. they atte mpt to prov1 de
quality customer service to the public for the be t t erment of the community: a nd
WHEREAS . t oo m a ny tunes the ir efforts go unnot iced. eve n a fter code co mpliance has
been a ccomplis hed due to their e ffo rts a nd expertise ; a nd
WHEREAS , the Code Enfo r ce m e nt Offi cer s a r e ded icated, well trained a n d highly
r esp o ns ible individuals who ta ke their jo bs se r io usly and a r e p ro u d of their depa r t m ent a nd
the local governments within which they serve; a nd
WHEREAS , the Colorado As sociation of Co de Enfor ce me nt Offi cial s has r equested t h e
fourth week of June be set a s ide to honor a nd r ecog ruze co d e e nfor cement offi cers:
NOW THEREFORE, I. Thomas J. Burns , '.\1ayor of t he City of En gle woo d , Co lor a d o,
hereby proclaim the week of June 25 -29 . 2001 as :
CODE ENFORCEMENT OFFICERS APPRECIATIO~ WEEK
in the City of Englewood . Co lorado . in acco rd a nce with t he st a t ewide o bservance of t he same
a nd e ncourage citizens of Englewoo d . Co lor ado to jo m this Co unci l in e :qiressing a ppreciation
for the dedication and outstanding service proVJ.d ed by the indivi duals who sen·e as o ur Co de
Enforcement Officers.
G IVE N unde r m y ha nd a nd seal t h is -t th day of J une . 200 1.
Thomas J . Burns, Mayor
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OBl>INANCE NO._
SERIES OF 2001
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BY AUTHORITY
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COUNCIL BILL NO. 24
INTRODUCED BY COUNCIL
MEMBER GARRETI'
AN ORDINANCE AUTHORIZING A "CITY DITCH LICENSE AGREEMENT' FOR A
STORM DRAIN CROSSING STRUCTURE OVER THE CITY OF E~GLEWOOD'S
RIGHT.OF-WAY FOR THE CITY DITCH BETWEEN THE CITY OF LITTLETON,
COLORADO AND THE CITY OF ENGLEWOOD . COLORADO.
WHEREAS . the City of Littleton constructed a storm drain cr ossing structure across
the City of Englewood's City Ditch Right-Of-Way and has requested a City Ditch
License Agreement for the purpose of a storm drain crossing structure across the City
Ditch Right-Of-Way in the new developm ent to be ca ll ed Aspen Grow located at 7100
South Santa Fe Drive on the West s id e: and
WHEREAS . under the City Ditch License Agreement in the event the Crossing
sho uld interfere with any future use of the Englewood's Right-Of-Wa1· by Engle wood .
the City of Littleton shall . upon request and at its sole expense , rel oca te . rearrange . or
remove its installations so as not to interfere with a nd s u ch use : and
WHEREAS, under the City Ditch License Agreement the City of Littleton is
responsible for the maintenance of the Storm Drain Cros sing structure:
WHEREAS , the Englewood Water and Sewer Board recommended Council a pproval
of the "City Ditch License Agreement"' for the City of Littleton's storm drain cr ossin g
structure at its May 8th. 2001 meeting ;
NOW , THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD . COLORADO , AS FOLLOWS :
Sectjon 1. The "City Ditch Li cense Agreement" to the City of Littleton for the storm
drain cr ossing structure previously co nstructed over the City's Right-Of-Way for the
City Ditch , set forth in "Attachment l ", is hereby accepted a nd approved by the City
Council of t h e City of Englewood , Colo rado.
Sectjon 2. The Director of Utilities is auth onzed to exec ute the ·'City Ditch License
Agreement" for a nd on be half of the City of Englewood, Colora do .
Introduced, read m full , a nd passed on first reading on the 21st day of May , 2001.
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Published as a Bill for an Ordinance on the 25th day of May , 2001.
Read by title and passed on final reading on the 4TH day of June , 2001.
Published by title as Ordinance No .~ Series of 2001 , on the 8th day of
June, 2001.
Thomas J. Burns, Mayor
ATIEST:
Loucrishia A. Ellis, City Clerk
I , Loucrishia A. Ellis, City Clerk of the Ci ty of Engle wood , Co lorado. he r e by ce rtify
that the above and foregoing is a true cop y of the Ordinance passed on final r eading
and published by title as Ordinance No . __ , Se rie s of 2001.
Loucrishia A. Ellis
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ORDINANCE NO._
SERIES OF 2001
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BY AUTHORITY
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COUNC IL BILL NO . 25
I NTROD UC ED BY COU 1CIL
tvlEMBER GARRETI
AN ORDINANCE AUTHORIZING A GOOD NEIGHBOR OFFER TO WOLHURST
LANDING OWNERS ASSOCIATION HELPING FUN D CONSTRUCTION OF A
CONCRETE SURFACE DRAIN BETWEEN THE CITY DITCH AND THE
WOLHURST LANDING TOW NHOMES TO THE WEST .
WHEREAS . Ci t y of Englewood preva il ed in t he la wsuit filed by Wol hurst La ndin g
conce rning drainage iss ues a t the \V olhurst Landing development: a nd
WHEREAS, a t t h e tnal the City lea rned for the first time that Mr. J ohnson fa tl ed
to in s t a ll a pprop ri ate frencb dram s und er t he btUldin gs which a r e a djace nt t o the Ci ty
Ditch and that t he ab e nce of such d r a m ma ke s t he bwldings vulnera bl e to wate r
from any so urce ; a nd
WHEREAS , the City makes t h1 s offer s a good ne ighbor a nd in a n effo rt to ass is t
the home owner s a n d the A OCJ atton co nce rning grou nd wate r problem s adja ce nt to
the City Ditch ; a nd
WHEREAS , Wolhurst La n din g Own er Association was plea se d to accept the City
of Englewood 's goo d ne ighbor offe r to pay S28 .665 .00 , towards the co nstruction of the
concrete s urface dram alo n g the tre tch between the City Ditch and the r ow of
townhomes to t he west ; a nd
WHEREAS, the Englewood Wa t er a nd Sewer Board r eco mmended Co uncil a pproval
oftrus good ne ighbor offe r to ~ olhurst Landing at its '.\1a y 8 th, 2001 meeting ;
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNC IL OF THE C ITY OF
ENGLEWOOD , CO LORADO , AS FOLLOWS :
Sectjon 1. The Englewood Ci t y Council hereby a uthorizes Englewoo d 's good
neighbor offer of $28 ,665 .00, to Wolhurst La nding Owners Association towards the
co nstruction of t he concrete s urface drain a long the stretch betwe e n the Ci t y Ditch a nd
the row of townhomes to the We st. as de scrib ed in, ·'Exhibit A".
Introduced. read in full , and passed on first r eading on the 21st day of May , 2001.
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Published as a Bill for an Ordinance on the 25•• day of :.Vlay , 2001.
Read by title and passed on final reading on the -Ith day of June , 2001.
Published by title as Ordinance No.~ Senes of 2001 , on the 8th day of
June . 2001.
Thomas J . Burns , Mayor
ATTEST:
Loucrishia A. Ellis , City Clerk
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I , Loucrishia A. Elli s, City Clerk of the City of Englewood . Co lorado. here by certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by title as Ordinance . o. ___ , Series of 2001.
Loucrishia A . Ellis
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ORDINANCE NO ._
SERIES OF 2001
BY AUTHORITY
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COUNCIL BILL NO. 26
I TRODUCED BY CO :s/C IL
ME:-VIBER WOLOSY1
AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A SECOND
AMENDME~ TO THE AGREEMENT AND SUBLEASE BETWEEN THE
MUSEUM OF OUTDOOR ARTS (MOA), THE ENGLEWOOD ENVIRONMENTAL
FOUNDATION. I NC . (EEF) AND THE CITY OF ENGLEWOOD . COLORAD O
(CITY).
WHEREAS . the City Co uncil of the City of Englewood ha s des ignated
approximately 15 .000 square feet of s pace on the se cond flo or of t h e Engle woo d l\'I C
Center for cultural u ses: and
WHEREAS , in an effo rt to activate a nd energize Ci ty e nter En glewoo d a n d to
provide for a unique ch a r acter to t h e devel opment. t he City ha s expl or ed opportunities
for coo perauon with cultural orga ru zation s at CityCe nter : a n d
WHEREAS , the Englewood City Co uncil a uthorized a n Agre e me nt a nd ubl ea ·e
between MOA , EEF a nd the City by the pa ssage of Ordinance ::-.:o. 6 , Series of I 999 :
a nd
WHEREAS . the Englewood City Council authorized MOA to e nl arge the mou nt of
space avatlabl to the '.\1u se um of Outdoor Arts fo r sublease by t he pa s age of
Ordinance '.1/o. 15 . Series of 2000 : a nd
WHEREAS , the '.\1 0A wi s hes to a pply for a n Arts Liqu or Li ce n se fr om the Cit• a nd
the State to allow for the en,ng of liquor at its art fun ction : a n d
WHEREAS . the s ubl ease doe s not s pecificall y address that use and the parties
wi sh to clarify t h e uses a ll owed within the demi se d pr emi ses: a nd
WHERE.A . t he passage of th.is proposed Ordina nce will fi nalize a eco nd
a m e ndm e nt to t he S ubl ease a nd Agr eement betw ee n the City of Englewoo d , the
Englewood Environmental Foundation, Inc. a nd t he Mu se um of Outdoor Arts ;
NOW , THEREFORE, BE IT O RDAI NE D BY THE CITY COUNC IL OF THE CITY OF
ENGLEWOOD , CO LORADO , AS FOLLOWS :
Sectjon J. The acceptance of the Second Amendment to the Agreem e nt and
S ublea se betw ee n the City of Englewood , Co lor ado , Museum of Outdoor Arts a nd the
Englewood Environmental Foundation . Inc. to clarify t hat MOA may a pply fo r an Arts
Liquor Lic ense for the MOA s pace at the Englewood Civi c Ce nter , attached as "Exhibit
A". is hereby accepted a nd approved by the Englewood City Co unc1l.
Sectjon 2. The r e m aining sections of the Governmental Agreement a nd Sublea e
a nd the Amendment to the Governmental Agreement a nd Sublease remain in effect.
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Sectjon 3. The Ma yor is authorized to execute a nd the City Cle rk to a ttest a nd seal
the Amendment to the Agree ment and Sublease for and on behalf of the City of
Englewood, Colorado.
Int roduced , read in full, and pas sed on first reading on the 21 s t day of May, 2001.
Publis hed a s a Bill for an Ordinance on the 25th day of May, 2001.
Read by title and passed on final reading on the 4th day of June , 2001.
Published by title as Ordinance No . ___ , Series of 2001 , on the sub day of
June . 2001.
Thomas J . Burns, Mayor
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 pas sed on final reading
and published by title as Ordinance No. ~ Series of 2001.
Loucrishia A. Ellis
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ORDINANCE NO._
SERIES OF 2001
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BY AUTHORITY
COUNCIL BILL NO . 27
INTROD UCE D BY COUNC IL
MEMBER WOLOSYN
AN ORDINANGB AU'IHOltl'DN6 AN Dft"BROOVERNMENTAL AGREEMENT FOR
MAINTENANCE OF THE BIG DRY CREEK TRAIL BETWEEN SOUTH SUBURBAN
PARK AND RECREATION DISTRICT AND THE CITY OF ENGLEWOOD .
WHEREAS , there has been a joint effort by several entities including the South
Suburban Parks and Recreation Di.strict and the City of Englewood to increase and
enhance the existmg open space areas and trails in the South Suburban area ; a nd
WHEREAS. the City has eai;ements for and construction is proceeding on a new
portion of the Big Dry Creek Tratl w1thrn Englewood betwee n Belleview Park a nd
South Platte River: and
WHEREAS, South Suburban Park and Recreation Di strict performs regular
maintenance on othe r trail m the metro a r ea and it is in the interest of both pa rties
for the District to conduct similar regular maintenance on thts new portion of th e Big
Dry Creek Trail :
NOW , THEREFORE. BE IT ORD . .\l~'ED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD . CO LORADO .. \S FOLLOWS:
Sectjon ). The Englewood Ci~-Council hereby authorizes entering into the
"Intergovernme ntal Agreement F or ~laintenance Of The Big Dry Creek Trail" be twe en
the City and South Sub urban Pari. and Recreation District, attached hereto as
"Attachment I".
Sectjon 2. The ~layor 1s a uthonzed to e xecute and the City Clerk to attest a nd seal
the "Intergovernmental Agreement For Maintenance Of The Big Dry Creek Trail'' for
and on behalf of the City of Englewood . Colorado.
Introduce d , read m full , and passed on first reading on the 21st day of May , 2001.
Published as a Bill fo r a n Ordinance on the 25th day of May , 2001.
Read by title and pa se d on final reading on the 4'" day of June , 200 l.
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Publis hed by ti tle as Ordinance No . __ , Se ries of 2001 , on the 4th day of
June , 2001.
ATTEST:
Thomas J . Burns, Mayo r
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 cop y of the Ordinance pas sed on final r eading
and published by title as Ordinance No . ~ Series of 2001.
Loucrishia A. Ellis
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BY AUTHORITY
CO NCIL BILL NO . 28 ORDINANCE NO._
SERIES OF 2001 I, TRODUCED BY COUNC IL
MEMBER GARRE'IT
AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A VALE GRANT FROM
THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH
JUDICIAL DISTRICT.
WHEREAS, the City of Englewood Safety Service Department applied for funding
under the VALE Grants Program to be u sed for funding the Victim/Witness Progra m
in the Englewood Municipal Court; a nd
WHEREAS , the City of Englewood has previously applied a nd been granted
VALE Grants for the yea r s 1990 through 2000: a nd
WHEREAS, the Victim/Witness Program m the Engle wood Municipal Co urt has
served the victims of domes tic V1olence s m ce 1990:
NOW , THEREFORE. BE IT ORDAINED BY THE CITY COUNC IL OF THE C ITY
OF ENGLEWOOD , COLORADO , AS FOLLOWS :
Sectjon 1. The City Co uncil of the City of Englewood , Co lorado hereby a uthorizes
the acceptance of the VALE Grant and accompanying intergovernmental agreement,
a copy of which 1s marked as "Exhibit A" and attached hereto .
Sectjon 2. The Mayor and City Clerk are hereby authorized to sign and a ttes t sai d
VALE Grant and accompanying intergovernmental agreement on behalf of the City of
Englewood .
Introduced. read in full , and pa ssed on first reading on the 21st day of May , 2001.
Published as a Bill for an Ordinance on the 25th day of May, 200 l.
Read by title a nd passed on final reading on the 4th day of June , 2001.
Published by title as Ordina nce . o. __ , Serie s of 2001, on the 8th day of
June , 2001.
Thomas J . Burns, Mayo r
A'ITEST:
Loucrisbia A . Ellis , City Clerk
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I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Co lorado , hereby certify
that the above and foregoing is a true cop y 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 2001
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BY AUTHORITY
A BILL FOR
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COUNCIL BILL NO . 30
~~~if~UNCIL
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
ENTITLED "DEPARTMENT OF THE ARMY RIGHT OF ENTRY FOR
ENVIRONMENTAL ASSESSMENT AND RESPONSE" BETWEEN THE U .S . ARMY
CORPS OF ENGINEERS AND THE CITY OF ENGLEWOOD PERTAINING TO
THE PLACEMENT OF HIGH-VOLUME AIR MONITORING UNIT AT THE
ENGLEWOOD GOLF COURSE.
WHEREAS, the U .S . Army Corps of Engineers wishes to place a high-volume air
monitoring unit at the Englewood Golf Course; and
WHEREAS. the air monitoring unit is needed to monitor the air, off site to ensure
the health, safety and welfare of the public and community, in order for the EPA to
proceed with the removal of radioactive contamination at the Shattuck Chemical
Site;
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 hereby authorizes
the Intergovernmental Agreement "Department Of The Army Right Of Entry For
Environmental Assessment And Response" between U .S . Army Corps of Engineers
and the City of Englewood, a copy of which is marked as "Exhibit A" and attached
hereto.
Sectjon 2 . The Mayor is hereby authorized to sign s aid Intergovernmental
Agreement on behalf of the City of Englewood .
Introduced, read in full , and passed on first reading on the 4th day of June . 2001.
Published as a Bill for an Ordinance on the 8th day of June, 2001.
Thomas J. Burns, Mayor
ATIEST:
Loucrishia A. Ellis, City Clerk
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COUNCIL COMMUNICATION
Date : Agenda Item: Subject:
June 4, 2001 11 a i U. S. Army Corps of Engineers Air
Monitorin11: Unit
Initiated Bv : Staff Source:
Department of Parks and Recreation Dave Le e, Manager of Open Space
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
No previous Council action has been taken .
RECOMMENDED ACTION
Staff is seeking Council's supp o rt for a bill for an ordina nce approving an Intergovernmental
Agreement with the U. S. Arm y Co rps of Eng ineers all owing ent ry into and providing for air
quality monitoring at the Engle wood Municipal Golf Co urs e.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Environmental Protection Agency is responsible fo r removing the hazardous
contamination from the Shattuck Chemical Site during the next year. The U .S. Arm y Corps
is requesting access to the Englewood Municipal Golf Course to set up an air quality
monitoring station to ensure the safety and we lfare of the public and community during this
operation .
The air quality monitoring is not to exceed D ece mber 3 1, ::i003 (approximately 32 months).
FINANCIAL IMPACT
There is no financial impact to the Ci ty of Englewoo d o r th e golf course .
LIST OF ATTACHMENTS
Proposed Air Monitoring Ordinance
Right of Entry Agreement
Exhibit "A " Location Map
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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 a Bill for an Ordinance , introduced, read
in full, and passed on first reading on the 4th day of June, 2001.
Loucrishia A. Ellis
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DEPARTMENT OF THE AR.MY
RIGHT OF ENTRY FOR
ENVIRONMENT AL ASSESSMENT AND RESPONSE
(U .S. Environmental Protection Agency, Region llIV : Shattuck Chemical Site )
High-Volume Air Monitoring Unit \ City of Englewood Public Golf Course
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The undersigned, herein called the "Owner". in consideration for the mutual benefits of
the work described below, hereby grants to the UNITED STA TES OF AMERICA. hereinafter
called the "Government", a right-of-entry upon the following terms and conditions :
I. The Owner hereby grants to the Government an irrevocable and assignable right to
enter in. on , over and across the land described below. for a period not to exceed through
December 31. 2003 or approximately 32 months. beginning with the date of the signing o f this
instrument, for use by the United States. its representati ves. agents. contractors and assigns . as a
work area for environmental investigation and response : including the right to st o re . mo\'e. and
remove equipment and supplies: erect and remove temporary structures on the land : im·esti gat e
and collect samples: and perfonn any other such wo rk which may be necessary and inc id ent to
the Government's use for the investigation and response on said lands: subject to ex is tin g
easements for public roads and highways. public utilities. railroads and pipelines: re serving.
however, to the landow-ner(s). their heirs . executors . administrators. successors and as sign s. all
such right. title. interest and privilege as may be used and enjoyed without interfering with o r
abridging the rights and right-of-entry hereby acquired .
2. The owner also grants the right to enter and exit over and across any other lands o f the
0\1,-ner as necessary to use the described land s for the purpose listed above.
3. All tools. equipment. and other property taken upon or placed upon the described land
by the Government shall remain the property of the Go\·ernment and may be removed by the
Government at any time within a reasonable period after the expiration of this permit or right-of-
entry .
4 . Upon the expiration or termination of thi s right-of-entry . the Government shall restore
the ground contour. replace any pavement or other co ver which was removed or damaged for thi s
work. establish a groundcover of grass on areas not otherwise covered and reconnect any
operating utility lines which were required to be disconnected or otherwise disrupted .
5. The owners of said property shall not be responsible or liable for injuries to persons or
damage to property when such injuries of damage are caused by or result from the Government's
use of the premises under the terms of the right-of-entry and are not due to the negligence of said
owners .
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(U.S. Environmental Prorcction A&ency , Recion UIV : Shattuclc Chemical Si~)
(Hip-Volume Air MonilDrin& Unit I City ofEnclewood Public Golf Coone)
6. The land subject to this pennit or right-of-entry is located in Arapaho County, State of
Colorado, City of Englewood and is more particularly described as: A tract of land located on the
City of Englewood Public Golf Course that lies behind the maintenance building and is show on
the attached map marked "Exhibit l" and made a part hereof.
SIGNEDTIUS _____ dayof MAY,2001.
Owner
CITY OF~
(Owner's Name )
Thanas J. aJrns, Mayor
(Owner 's Name )
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THE UNITED STATES OF AMERICA
By:-------------
Chief, Real Estate Di vision
Northwest Omaha District
U .S. Anny Corps of Engineers
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ETOHI
EXHIBIT
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USOLUTION NO .~
SERIES OF 2001
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.c\,RESOLUTION FOR THE APPROPRIATION AND TRANSFER OF FUW)S FOR THE
ZIGAN SETTLEMENT IN THE EMINENT DOMAIN CASE OF CITY vs ZIGAJ.'1
(CENTENNIAL PARK EXPANSION PROJECT PROPERTY).
WHEREAS , City Council has acquired land for the Centennial Park Expansion Project:
and
WHEREAS, the owner of the land , Zigan, and the City could not agree on a price for the
the sale and purchase of subject property: and
WHEREAS , the City subsequently instituted an eminent domain suit against Zigan for
the property; and
WHEREAS , the City will pay the cost of t he property to t he Co urt in escrow pending the
disposition of a n appe al file d by t he Ci t y .
~OW, THEREF ORE . BE IT RESOL\t"ED BY THE CITY CO UN CIL OF THE CITY OF
ENGLEWOO D, CO LORADO . THAT :
Sect1on 1. The Englew ood City Council hereby amends the 2001 Budget as foll ows:
GE~RAL, fU~P
Source of Funds :
Unrese rved/C ndes1gnated Fund Bal ance
Lise pf Fund s·
Transfer out to Capital Projects Fund
CAPITAL PRQ.JECTS FUND
Source ofFunds :
Transfer in from Ge neral Fund
Use pf Fund s
Balance of Judgment
Prejudgment interest
Capital Projects Fund for acquisition costs
Total Us e of Funds
Sl.306 .000
Sl.306,000
S l.306 .000
$1 ,05 3 .i 88
104 .258
147 954
$1 ,306,000
The Arapahoe County Court will hold Sl ,158.046.2 4 in escrow pending t he disposition of
the appeal filed by the City .
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COUNCIL COMMUNICATION
Date Agenda Item Subject
Resolution appropriating and
June 4 , 2001 11 Ci transferring funds for the Zigan
Settlement (Centennial Park
Exoansion Proiect oroperty)
Initiated By I Staff Source
Deoartment of Finance and Administrative Services Frank Grv11.lewicz , Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The Council has discussed acquiring the land for the Centennial Park Expansion Project at a number of
stud sessions and regular council meetings .
IKOMMENDED ACTION
Staff recommend Council approve the attached resoluti o n. This resolution appropriates and transiers
S 1,05 3 .i88 tor the balance of the judgment, S 104,258 for prejudgment interest. and S 14 7,954 for
acqurs,tion costs 10 the Capital Projects Fund for the purchase of the property. The Arapah oe County
Court will hold S 1,158,0 46 .24 in escrow pending the disposition of the appeal filed by the City .
RNANCIAL IMPACT
The General Fund 's unrestricted, undesignated fund balance will be reduced by $1 ,306,000 leaving an
estimated year-end unreserved/undesignated fund balance of 54,25 1,021 .
UST OF ATI'ACHMENTS
Prop osed resolution .
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Scs;tign 2. The Cit, Manager and the Director of Financial Services are hereby
authorized to make the above changes to the 2001 Budget of the City of Englewood .
ADOPTED Ai.'ID APPROVED this 4t1i day of June , 2001.
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Thomas J . Burns, '.\fa yer
ATTEST:
Loucrishia A. Ellis , City Clerk
I , Loucrishia A. Ellis , City Clerk for the City of Englewood . Co lorado. here by ce rtify
the above is a true copy of Resolution No . __ , Series of 200 l.
Lou cr is lua _.\. Ellis
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MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Council Member Olga Wolosyn ~
Sue Bradshaw, Executive Asfs~
June 4, 2001
CML Conference
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The Annual Colorado Municipal League Conference will be held in Snowmass,
Colorado, from June 25-30, 2001. Llsted below are anticipated expenses while
attending the conference .
Registration
Lodging
Meals
Mileage
Total
$277.00
600.00
200.00
150.00
$1,227.00
If you need additional information , please let me know .
Thanks .
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, JUNE 4, 2001
7:30 P.M.
En gle wood Civic Cen te r
1000 En glewood Parkwa
En gle wood, CO 80110
Call to o rder.~-.'::>~
In voca tion . f/(~
Pled ge of Allegiance ... ~
Roll Call.
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ay21 ,200 1.~
e Enforcemt'~
u.pr}1-D
Approval of Ordinances on First Reading.
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Approval of Ordinances on Second Readi ng.
i. Council Bill No. 24 , approving a License Agreement with the City of Littleton for a
storm drain crossing across the City Ditch ri ght-o f-w ay at Aspen Grove.
ii. Council Bill No. 25 , approving the W o lhurst Landing Good Neigh bor Offer relative
to the City Ditch .
. Pleale note: If you haw a dilability Md need auxiliary aidl or RMCft, please notify the City of Enalewood
,. (303-762•2405) al lealt 41 hours in advance ol when temc:es are needed. Thanlc you.
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Engl ewood City Co un cil Age nda
Jun e 4, 200 1
Page 2
0t l/J. brJ7 iii .
67jjf 3 iv.
cntlli ~ v.
Council Bill No. 26 , approving th e 2"ri Amendment to the Sublease and Agreement
w ith the Museum of Outdoor Arts .
Co uncil Bill o. 27, approving an Intergovernmental Agreement w ith So uth
Sub urban Park and Recrea tion Dist rict for maintenance of th e Bi g D ry Creek Trai l.
Cou nci l Bill o . 28 . acceptin g Vic tim Assistance Law Enforc ement (V ALE ) Grant
Funding in the amount of S 7,562 .00.
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c. Re so lut io ns and Motions .
11. Regular Agenda.
a. Approva l of O rd inan ces o n First Rea din g.
12 . General Dis cussi o n .
a. Mayor's Ch oice.
14 .
The following minutes were transmitted to City Council between May 17 -3 1, 200 1:
Englewood Plan111n g and Zonin g Co mmission meetin g o f April 17, 2001
Englewood Code Enfo rcemen t Advisory Committee meetin g of April 18 , 2001
Englewood Urba n Renewal Authority meeting of April 18, 2001
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