HomeMy WebLinkAbout2001-07-16 (Regular) Meeting Agenda Packet•
•
•
fl
•
•·1
•• -
Englewood City Council Meeting
July 16, 2001
Ordinance # £ £. 34, 35, 36, 37, 38, 39, 40, 41
Resolution 11 y(,t:' ~65 , 66, 67, 68, 69, 70, 71, 72, 73
•
•
•
.. .. ~
~ ..
•
0
0
0
I . C,
x I
•
•
-•
•
.. ',• ..
• -
ENGLEWOOD CITY COUJliCIL
ENGLEWOOD, ARAPAHOE COUNT\'. COLORADO
Regular Sftsion
Jul~· 16. 2001
Mayor Bums thanked everyone for waiting. as Council went O\'er cons id erably on their Stud y Session . We
would especially like to thank the people who have sig ned up to speak . he said . for their patience .
I . Call to Order
The regular meeting of the Englewood City Council was called to order by Ma yo r Bums at :0 8 p.m .
2. tn,·ocation
The invocation was given b y Council Member Nabholz .
3. Pled&e of Allqiance
The Pledge of Allegiance was led by Mayor Bums.
4 . Roll Call
Present :
Absent :
A quorum was present.
Also present :
5 . Minutes
Council Members Nabholz. Garrett, Bradshaw. Wolosyn. Yurchick .
Bums
Council Member Grazulis
City Manager Sears
Ci ty Attorney Brotzman
C it y Clerk Ellis
Assistant City Manager Flaherty
Crime Prevention Officer Peterson
Director Gryglewicz. Finance and Administrative Ser\'ices
Director Eaton, Human Resources
Director Olson , Safety Services
(a) COUNCIL MEMBER WOLOS\'N MOVED, AND IT WAS SECONDED. TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JUL\' 2. 2001.
Ayes :
Nays :
Absent :
Motion carried .
6. Scheduled Visilon
There were no scheduled visitors .
7 . Unscheduled Vlsiton
Council Members Nabholz, Garrett, Bradshaw. Wolosyn,
Yurchick. Bums
None
Council Member Grazulis
Mayor Burns again thanked the unscheduled visitors for their patience .
•
• . '
I • 0
]
•
•
Enzlewood City Council
Jul~· 16, 2001
Page 2
•
..
• -
(a) David Peterson. 2980 South Galapago Street. said he just received the Englewood 111 an
and read that your holida y parade is sc heduled to march down Dartmouth Avenue from Grant to In ca and
then into CityCenter. He stated that. according to past performance. when they stage the parade and
everything, they typicall y close ofT the street they are marching down. all morning. I want to point out. he
said, that thal basica lly closes all access to north Englewood, all morning. There 1s no wa y to get int o non h
Englewood, if you close ofTDanrnouth all morning. There is no way to get in and out \\ithout go in g all 1he
way to Evans. I am really opposed to having that closed all morning, he said, as I have a bus iness in that
north section of Englewood. I ""a s "'o ndering if there is some o ther way that the y can at lea t ma ybe JU SI
close it for a minimum amount of time .
Mayor Bums asked about his business. Mr. Peterson advised that he runs a pistol range, the Shooti.st Pi stol
Range at 2980 South Galapago Street. Basically, he explained. Saturday morning is hi s busiest ume .
Council Member Na bholz ask ed 1f his c ustomers could access his business from Cornell . Mr. Peterso n
asked how you are going to get in there . Yes . he said , you can access it from Cornel l. if you ca n get to
Cornell. All of my instructions on ever)1hing, basicall y. he said. tell people how to ge t to my business
from Santa Fe and Dartmouth and yo u are closing off that access . :'vlr. Peterson s tated that the bus me ss
down the street will have the same thing to say about it, when he finds o ut about It. because he likes to do
Saturday business as well .
Mayor Bums asked when the Parade Association would meet again. l·k advised Mr. Peterso n that th e
Parade Association organizes all of thi s and the y have been mectmg on a regular basis. We can certainly
put you in touch with the Parade Association, he said. because the City ounc1I really doesn·t have a who le
lot to do with the designated parade route. The Parade Assoc1a11on reall y takes care of that .
Assistant Ciry Manager Flaherty advised that the Parade Associauon meets the first Thursday of the month
at 11 :00 a.m., normally in the City Council Conference Room on the third floor.
Mayor Bums advised Mr. Peterson that he could certamly talk to them and get more information from
them.
(bl Don Leach, 4395 South Galapago Street. thanked Co uncil for the o pportunity to s peak
He noted his family has been in Englewood for about 50 years . I saw an article in West word. he aid , and I
had planned on coming earlier. I don't know whether th, subjec t ha s come up before, but 1t reall y
concerned me and it seems to me that the citizens of Englewood are entitled to some kind of a comment o r
response on it. This is from December 28, 2000. Quote, ··in August. Eng lewood City Coun ci lman Peter
Mike Yurchick was arrested by Arvada police as pan ofan invest1ga11on mto stolen auto pans and charged
with theft for receiving stolen auto pans at his auto salvage ya rd . \'urch 1ck. 4 . had taken office in
November 1999." It seems to me , Mr. Leach said. that the citizens ofEngle"ood are entit led to some kind
ofa comment or response on Mr. Yurchick's ability to serve m hght of th1 s situati on .
Council Member Yurchick advised that there were no harges filed . that that am cle I in correct.
Mr. Leach asked ifhe was arrested. Mr. Yurch1ck explained that he was arrested, but no charges were
subsequently filed . So, Mr. Leach said. there is no case and it i all over. Mr. Leach asked Mr. Yurch,ck
ifhe had any other comment he would like to make . Council Member Yurchick asked Mr. Leach what he
wanted him to say, what he wanted to hear. Well, Mr. Leach sa id . when a person reads an article hke thi s
about a City Councilman you can understand why I might ask a question.
Council Member Yurchick explained that when you are in a used busi ne ss. ve hicles are so ld and the se
vehicles were bought on a bill of sale, paid for with checks, properly logged in and properly recorded. My
records were in order, he said. At the time the police didn't know who was involved with what. If
anything, I was more of a victim m this than anything else.
•
..
)
I • 0
•
•
•
Englewood City Council
July 16, 2001
Pagel
•
• -..
Mr. Leach asked if Mr. Yurchick was unaware that they were stolen vehicles or stolen pans. Coun cil
Member Yurchick said that was correct. Mr. Leach said he was pleased to hear that . but he thou ght Mr.
Yurchick could understand why he might raise the question .
Council Member Yurchick stated that he did fully cooperate with them in their mvesu gation and th e
Westword anicle was incorrect. I read the same amcle. he said, and thought about askmg for a retraction .
but I just figured it was better to let it lie . Because, Council Member Bradshaw said. the y wo uld screw that
up.
Mr. Leach said he accepted Council Member Yurch,ck·s re sponse . I-l e noted that th1 Just shows that so me
people are interested in what goes on even if we can ·1 be here all the lime .
8. Communications, Prodamatlons and Appointments
(a) A proclamation declaring August 7, 2001 as National Nig ht Out "as considered .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE A
PROCLAMATION DECLARING AUGUST 7, 2001 AS NATIONAL NIGHT OUT.
Ayes: Council Members Nabholz, Garrett, Bradshaw. Wolo syn .
Yurchick , Bums
Nays: None
Absent: Council Member Grazulis
Motion carried.
Mayor Burns presented the proclamation to Crime Prevention Officer Peterson. As yo u know. he said , thi s
is the incomparable Nancy Peterson. He noted that she is a wonderful police officer in charge of
Neighborhood Watch and Block Captains and all kinds of other things in thi s C n y. This is a proclamation
declaring August 1• as National Night Out, he said, and Officer Peterson and her crew are the ones that
arrange all the places for Council to go and she has been involved with thi s for several yea rs. Officer
Peterson has been nationally recognized for her work in thi s area and we are extremel y proud of her. We
are just delighted to have Ms . Peterson with us again tonight. he sa id .
Officer Peterson thanked Ma yo r Bums . She noted she had official Neighborhood Watc h T-sh1n s fo r all of
the Council members.
Mayor Bums thanked Ms . Peterson again for her work and he asked for a bi g round of applause .
9 . Public: Hearin&
No public hearing was scheduled before Council.
10 . Consent Acrnda
MAYOR BURNS REMOVED ITEMS JO(•) (ii) and (iii) FROM THE CONSENT AGENDA.
COUNCIL MEMBER GARRETT MOVED. AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (a) (I). (iv), M, (•·i), (•ii), (••iii), (i:a:) and (:a:), 10 b (i) and (ii), AND 10
(c) (I) and (ii) •
(a) Approval of Ordinances on First Reading
(i) COUNCIL BILL NO . 33. INTRODUCE D BY COUNCIL MEMBER
GARRETT
A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE ARAPAHOE COUNTY BOARD OF COMMISSIONERS BY AND THROUGH THE
•
)
I • 0
-
•
•
•
Englewood City Council
July 16, 2001
Page4
•
• -..
ARAPAHOE COUNTY CLERK AND RECORDER AND THE C ITY OF ENGLEWOOD TO
CONDUCT A COORDINATED ELECTION O NOVEMBER 6, 2001 .
(iv) COUNCIL BILL NO . 40. INTRODUCE D BY COUNCIL MEMBER
GARRETT
..
A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED
AMENDMENT TO ARTICLE VI. SECTION 46. OF THE ENGLEWOOD HOME RULE CHARTER .
(v) COUNCIL BILL NO. 41 , INTRODUCE D BY COUNCIL MEMBER
GARRETT
A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED
AMENDMENT TO ARTICLE VI, SECTION 4 7. OF THE ENGLEWOOD HOME RULE C HART ER.
(vi) COUNCIL BILL NO. 42 , INTRODUCED BY COUNC IL MEMBER
GARRETT
A BILL FOR AN ORDINA NCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF ENGLEWOOD AT THE . 'EXT SCHEDULED MUNICIPAL ELECTION A PROPOSED
AMENDME NT TO ARTICLE IV , SECTION 34. OF THE ENGLEWOO D HOME RULE CHARTER .
(vii) COUNCIL BILL NO . 43, 11'/TRODUCED BY COUNCIL MEMBER
GARRETT
A BILL FOR AN ORDINANCE SUBMITTI G TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED M NICIPAL ELECTION A PROPOS ED
AMENDMENT TO ARTICLE V, SECTION 41 , OF THE ENGLEWOOD HOME RULE CHARTER.
(viii) CO UNC IL BILL NO . 44. I 'TROD UCED BY COUNCIL MEMBER
GARRETT
A BILL FOR AN ORDINANCE SUBMITTI 'G TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF ENGLEWOOD AT THE NEXT SCHED LED M NIC IPAL ELECTION A PROPOS ED
AMENDMENT TO ARTICLE X, PART IV . SECTION 113 , OF T HE ENGLEWOOD HOME RULE
CHARTER.
(ix) COUNCIL BILL NO . 45 . INTROD CED BY COUNCIL MEMBER
GARRETT
A BILL FOR AN ORDINANCE SUBMITTI 'G TO A OTE OF THE REGISTERED ELECTORS OF
THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUN ICIPAL ELECTIO N A PROPOSED
AMENDMENT TO ARTICLE X. PART IV , SECTIO 116. OF TH EE . 'GLEWOOD HOME RULE
CHARTER .
(x) COUNCIL BILL NO . 46, INTROD UCED BY COUNCIL MEMBER
GARRETT
A BILL FOR AN ORDINANCE APPROVING AND AUTHORJZING THE EXECUTION OF A
INTERGOVERNMENTAL SUBGRANTEE AGREEMENT BETWEEN THE ARAPAHOE BOARD OF
COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD.
(b) Approval of Ordinances on Second Reading
•
)
I • 0
•
•
•
Englewood City Council
July 16, 2001
Page 5
•,.
•
• -
(i) ORDINANCE NO. 32, SERJES OF 2001 (COUNCIL BILL NO. 34.
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE APPROVING SUPPLEMENT NO. 150 TO THE SOUTH GA TE SANITATION
DISTRJCT CONNECTOR'S AGREEMENT FOR THE IN CL SION OF LAND WITHIN THE
DISTRJCT BOUNDARJES.
(ii) ORDINANCE NO . 33 . SERIES OF 2001 (COUNCIL BILL :'\O . 35 .
INTRODUCED BY COUNCIL MEMBER WOLOSYN )
AN ORDINANCE AUTHORIZING AN INTER GOVE RNME NTAL AGREEMENT BETWE EN T II E
CITY OF ENGLEWOOD AND THE STATE OF COLORADO FOR THE TRANSFER OF THR EE
STATE HIGHWAY PATROL VEHICLES TO BURT A TOMOTIVE .
( c) Re solutions and Motions
(i) RESOLUTION NO . 62 . SE RIES OF 200 1
A RESOLUTION AUTHORIZING THE COLLECTIVE BARGAIN I G AGREEMENT BETWEEN
THE ENGLEWOOD EMPLOYEES ASSOCIATION Ai':D THE CITY OF ENGLEWOOD FOR TH E
PERJOD OF JA NUA RY I . 2002 THRO "GH DECEMBER 31 , 2003 .
(ii) CO 'TRACT WITH LY 'CH MATERJALS HA NDL11'G COM PANY OF
BROOMFIELD FOR THE REPLACEMENT OF RECREATION CENTER LOCKERS IN THE
AMOUNT OF $72 ,626.67 .
Vote resulls:
Ayes:
Nays:
Absent :
Motion carried .
Council :'l.1cmber s 'abholz. Garrett. Brads haw. Wolos yn.
Yurch1ck. Burn s
None
Council Member G ra zuhs
Mayor Burns stated that he thought ll wa important for the pubh to hear a fe" comment s on 10 (a) (1i)
and {iii).
10 (a) {ii) Director Gryglewi cz presented a recommendation from the Department of
Finance and Administrative Services to adopt a bill for an ordinance submmmg to th e registered electors of
the City of Englewood a question to issue debt for Park s and Re creation ProJects . He advised that tlu s
Agenda item submits a vote to rai se the General Obligation Debt of the C u y to $12 .8 million for Parks and
Recreation projects. A fl ye r went out with the C uizen, he said. explammg that this would update the C it y
Recreation Center, the Malley Senior Recreation Center and construct an aquatic s park . He explamed that
this is required to go to a vote, not only by our Charter, but by the State Constituti on under TABOR as
well . This is to issue $12 .8 million in bonds , he said. and the total repayment cost 1s esnrnated at $25 .7
million . The maximum property tax increase would be $1.3 million . Those are prett y co nservat ive
numbers , he said. and it will probably be less than that , but we wouldn 't want to "low ball" it and then have
to go mto the City funds . We estimated it high on the repa yment portion. he said , and thi s 1s required to go
to vote and ll is for Parks and Recreation Projects .
Mayor Burns said that as he understa nds it , these proiects have been 111 the plannmg sta ge for sometime .
He asked if that was correct. Director Gryglew1cz advised that the land ha s been purcha sed for the aquan cs
center and the bonds for the Recreation Center were issued some years ago and the y will be retired next
year. If thi s is approved by the voters this November, he said . ll will be about a 70 or 80 ce nt increa se from
•
)
I • 0
•
•
-•
Englewood City Council
July 16, 2001
Page6
..
•
..
• -
current tax le vels on a $200.000.00 house per month , so it is not a huge bump up for some pretty sub stantial
projects that would really benefit a lot of the citize ns .
Council Member Bradshaw said, as Director Gryglewicz mentioned , that in the Citi zen there was a reall y
good article , but people are still confusing this with the Cultural Ans Ce nter election and she felt Counci l
Member Wolosyn should know this .
Council Member Wolosyn asked how that happened . Council Member Bradshaw said I don ·1 know , but
we need to be very careful to explain that this is Parks and Recreation only and the Cultural Art
Commission needs to help us with that . They need to help us get the word out that their issue will come at
another time .
Council Member Wolosyn advised that they have something in the pipeline that will make that clear.
Council Member Bradshaw said okay, beca use I heard a conversation at the Re creati on Center and I had 10
decide if I wanted to wade in and add to the confusion or just listen and it was ve ry confusing . It 1s bemg
tied directl y to Cultural Arts.
Council Member Wolosyn said that to her it is a very simple issue to clarify, to explain that thi s I a bond
for these three very definite projects. the other project is a bigger project and 2003 is th e earhest we ca n do
that.
Council Member Bradshaw noted this is a 70 to 80 cent increase in what the y are pa yin g now per month
and the C ultural Ans would be considerably more .
Council Member Wolosyn pointed out that the reason it is 70 to 80 cents 1s because we are retiring a bond
and replacing II with this . Mayor Burns said that is right. that is in comparison to what they are pa ying
now. But. Council Member Bradshaw said, that is confusing to people .
Council Member Wolosyn advised that she will do her best to clarify that si tuation . Okay, Counci l
Member Bradshaw said, and I will help too.
Mayor Burns commented that this is the first time he has heard that people are confusing this with C ultural
Arts .
Council Member Wolosyn said she has never heard 11 was confusing, that she has always been told to make
it clear that we do suppon the Parks and e,•eryone on the C ultural Ans Commission full y suppons the
Parks and Recreation bond. And. she said. I believe we did do that every time we met la st summer. We
are going to try to make that more public but I reall y d1dn ·1 want to be doing it before th ings were pa s ed
through Council.
Council Member Bradshaw said she appreciates that.
Council Member Wolosyn advised that the y have . every time they have met , publicl y stated that. Ms.
Bradshaw said okay.
Mayor Bums asked if there were any other comme nt s. There were none .
COUNCIL MEMBER GARRETT MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 10 (a) (ii).
COUNCIL BILL NO. 38, I TRODUCED BY COUNC IL MEMBER GARREIT
A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNIC IPAL ELECTION A BALLOT
ISSUE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS AND THE LEVY OF
•
)
I • 0
•
•
Enclrwood City Council
July 16. 2001
Pace7
. ...
•
• -..
PROPERTY TAXES TO PAY SUCH BONDS; SETTING THE TITLE A 'D CONTENT OF HIE
BALLOT FOR THE ELECTION ; AND PROVIDING OTHER MATTERS RELATING THERETO.
Vote results:
Ayes :
Nays :
Absent :
Motion carried.
Council Members Nabholz. Garrett, Bradshaw. Wolosyn,
Yurchick, Bums
None
Council Member Grazulis
10 (a) (iii) Director Gryglewicz presented a recommendation from the Depanment of
Finance and Administrative Services to adopt a bill for an ordinance submitting to the registered electors of
the City of Englewood a proposed amendment to Anic le X, Pan Ill , Section I 04 of the Chan er of the City
of Englewood regarding General Obligation Bonds. He explained that this issue did not JUSt come up this
year, that we have been looking at it for a number of years. We took a look at the City's debt capacity, he
said. which is relatively low. It is based on 3% of assessed value and. as you know, especially in a
residential community, where the assessment ratio is based on residential properry. it is considerably lower
than conunercial, 29% compared to 9 .15%. So we have a large amount of residential and it is assessed
very low. What happens is , consequently, you have a very low bonding capacity. Right now, if the Parks
and Recreation project passes, with 30% assessed. there will really be no General Obligation capacity in the
City after that or very little. It is very seldom that we do issue G .O . Bonds, the last one was the Recreation
Center and it will be retired next year. He noted they are issued for general public projects. so we don ·1 just
issue them all the time, but we looked at 3% and then we looked at what 3% of actual would be and that
raises it about six times. So, if this were to pass . then the City's debt capacity would be just over $60
million. One thing I would like to clarify. he said, is that just because this passes it doesn 't mean the C ity
can issue debt ; we are restricted by both the City Chaner and the State Constitution to have a vote of the
people, in the affirmative, prior to issuing any debt . So, he pointed out, while it provides the capacity. it
doesn't give approval and I want to make sure everyone knows that.
Mayor Bums pointed out that General Obligation Bonds have always required a public vote . So just
because you arc increasing the capacity it doesn 't mean that you are issuing debt. Any individual measure
that would be passed, because of that mcrease , would be voted on by the citizens of Englewood .
Director Gryglewicz said that is absolutely correct and 11 is done very eldom and 11 1s usually for prett y
widely used or widely accepted pubhc projects.
Mayor Bums asked if there were any other questions or comments. There were none .
COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 10 (a) (iii) •
COUNCIL BILL NO. 39. INTRODUCED BY COUNCIL MEMBER GARRETT
A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED
AMENDMENT TO ARTICLE X, PART Ill, SECTION 104, OF THE ENGLEWOOD HOME RULE
CHARTER .
Vote results:
Ayes :
Nays :
Absent:
Motion carried.
11. Rqular A&enda
Council Members Nabholz, Garren, Bradshaw, Wolosyn.
Yurchick . Burns
None
Council Member Grazulis
•
I • 0
•
J
•
•
• -
Englewood City Council
July 16, 2001
Page8
(a) Approval of Ordinances on First Reading
There were no additional items submitted for approval on first reading . (See Agenda Item 10 -Consent
Agenda.)
(b) Approval of Ordinances on Second Reading
There were no additional items submitted for approval on second reading. (See Agenda Item IO -Consen t
Agenda .)
( c) Resolutions and Motions
(i) Director Eaton present ed a recommendation from the Human Re sources
Department to approve, by motion, the appointment of a Hearing Officer fo r th e Engle,vood Police Benefit
Association impasse . She said she wanted to start by pointing out that there ha s been one change m the
recommended arbitrators. One of the individuals that we listed mit1all y. Dan Daly. ha s withdrawn hi
interest in acting as an arbitrator. so we have s ubstituted Lawrence Holden. Ms . Eaton stat ed that th e
Human Resources staff would like to recommend that Mr. Holden be the arbitrator that we elec t for tl11 s
process.
Mayor Bums said I see yo ur arbitrators are spread around the country. He as ked 1f these are real s pec 1ah st
in thi s area . Director Eaton said yes , the Arbitration Association provided the name to our re s pective
attorneys , the Union 's attorney and the City's attorney. I understand that Mr. Holden does have an o ffi ce 111
Vail. she said. so he has a little bit closer proximity to us than the other two .
COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED. TO APPROVE THE
APPOINTMENT OF LAWRESCE HOLDEN AS THE HEARING OFnCER FOR THE
ENGLEWOOD POLICE BENEFIT ASSOCIATION IMPASSE.
Ayes :
Nays:
Absent:
Motion carried.
12 . General Discussion
(a) Mayor's C hoice
Co uncil Members abholz, Garrett. Bradshaw. Wolo syn .
Yurchick. Bums
None
Council Member Grazulis
(i) Mayor Bums advised we had the Transit Alliance meeting he re at Civic Ce nt er
on Thursday. There were presentations by Ca l Marsella from RTD. Tom Norton from COOT and Bill
Vidal from DRCOG. He noted there was a lot of di sc ussion about the Transit Alliance survey. I thmk you
received all the materials from that meeting, he said. I had to leave pan of it because I had to go to a
Pension Board meeting, but it was a very positive meeting about the future of transportation and tran si t m
the an.,a . With this group, the Transit Alliance. you are preaching to the choir when you talk about transit.
But it was a pleasure to have them here . Mayor Bums advised that Coun ci l Member Wolosyn 1s the
delegate and he asked if s he would like to comment on the meeting.
Counc il Member Wolosyn said she would just like to say that the o ne thing the Transit Al liance doe s 1s that
they seem to always try to give Englewood a lot of good press . When I go to the meeting , the y always
talk about us as son of the showcase project. Frankly. we are the only stop I ever hear them mention. s he
said . Mayor Bums commented that we have earned It .
(ii) Mayor Bums advised that he has his CML Convention Report , which probably
has more stuff than you ever would want to sec from CML. But, nevertheless, there are some handouts m
there that I am going to have copied and distributed to Council, he said .
)
I • 0
•
•
-•
Englewood Cit)' Council
July 16, 2001
Page9
• ...
•
• -
(iii) Ma yor Bums co mmented that he is a little confused about when we are going to
stan the elevator. Three repons in a row ha ve said the y staned the week of the 27"' of Jul y. whi ch is a
Friday. He asked for more clarification on when the interior constru ction of that elevato r will actuall y
begin.
City Manager Sears stated that he would make sure Council recei ves an updated repon on that. I talked to
Rick Kahtn, he said, and there was a difficulty with plans between both Tryba and the elevat o r people that
has been resolved . I know it has been resolved. he said, but I am no t I 00% certain o f when the y will start .
He said he would provide Council with that informati on .
(iv) Mayor Bums said he attended Officer Nancy Peterson 's Safety Serv ices
volunteer appreciation dinner in Jason Park Jul y 11th . We had ra in unfortunatel y. and it cut do wn on th e
attendance some, he said, but it was a very good event and both he and Gary Sears s po ke . Once aga in th ey
honored the many. many volunteers that help us m our Safety Services programs , he said , and we are ve ry
grateful to all of those folk s who are lo yal follower s of Safety Serv ices and Nancy Pet erson.
(b) Counc il Member's Choice
(i) Council Member Nabholz :
I . She said Justin and Josh Jones at 3033 South Delaware are very well known to the C it y and the y
are staning to raise some thunder again . There is a minimum of fifteen to eighteen kids in the yard at a
time , she said, and at 4 :00 in the morning, yesterday morning. they were screaming and ranting and ra vin g.
I don't know if the neighbors called or what, but the police went by. Council Member Nabholz ad vised
that she has had two complaints from the neighbors that live on each side. that that needs to be reigned in .
don 't even know if there are parents there at this time , she said.
2 . She advised there was a live mariachi band that played at the duplexes at 3068 and 3070 South
Delaware until 1 :30 Saturday morning . I would like for the Impact Team to check on that . she said .
3. She said she has had complaints about the weeds . tra sh and appearance of the house at 41 5 West
Dartmouth.
4 . She said. regarding the status of the bnc k wall that he turned in la st week. that s he notice d some
of the weeds are gone. but she didn't see that come up as a Council request . The brick wall was smas hed
on Elati and Floyd.
City Manager Sears advised that Rick Kahm is workin g on that and he is aware of that. Ms. Nabho lz sa id
that is all she asks. that that is fine .
5 . She suggested the y c he ck the temperature in the Community Room. Maybe it is just me to night .
she said, but it was a bit chill y in there . C it y Manager sa id oka y.
(ii) Council Member Garrett:
1. He said he noticed on our Consent Agenda that we are getting new lockers in the Rec reation
Center. Mr. Garren said he wanted to compliment Jerrell Black on the new lockers, because the y will be
corning during his week off. They will be a welcome addition, at least in cenain areas .
2 . He said when he read through the Agenda he realized how many ballot questions Englewood will
have on the ballot. I am really concerned. he said. that people will be son of overwhelmed with the number
of questions. Most of it is benign, its Chaner nuances and things like that, he said, but I am worried we
will lose our message and how we as a City, and as representatives , can get the me s sage out in , hopefull y. a
clear fashion as to what we are really asking, so we don ·1 have confusion .
•
I • 0
•
•
[_.
Englewood City Council
July 16, 2001
Page 10
'. ~.· .
•
, .
• -..
Council Member Wolosyn sugges1ed the y mak e a pamphlel like the o ne 1ha1 went int o lh e C i1i ze n and
make it very simple .
Council Member Bradshaw said we c ould j ust say on it 1hat fo r a $150.000.00 or $175 ,000 .00 house thi s
would be the impact and if it is none pul zero .
City Anomey Brotzman advised thal the problem is that the Fair Campaign Pra c1i ces Act prohibits mo st of
that. We can put toge1her fac1 shee1 s and the que s1ions are ac1uall y goi ng to be pul in the C iti ze n. but thal
is all we put is the question itself.
Council Member Bradshaw asked ifwe can put in information on financ ial impa c t. C ity Anorney
Brotzman stated we can put that in the fact sheet that they can pi ck up . but II can ·t be included in the
C itizen .
Council Member Garren said that was one of the rea sons he was concerned and he wo nd ere d 1f an yon e e lse
had the same concern.
Mayor Bums said he had the same impression and he asked if the citiz ens were going to be asked to vot e
on every one of these . He agreed it could reall y get confusing. He said he wa s glad Council Member
Garren brought that up .
City Anomey Brotzman said. for example, thal Mr . Black r ight now. before thi s goes o n second read mg,
has a number of pamphlets that are going oul . Mr. Brotzman pointed out that an ything . before second
reading of this ordinance, is fair game and it educates our c iti zens. it educates 1he Council and that is th e
whole idea. But. once we hit second reading. and that 1s wh y se cond reading is deadl y in thi s. we arc th en
bound by the legislation.
So, Council Member Bradshaw said , that 1s the fir st meeting m August. C it y Attorney Brotz man said that
is correct.
Mayor Bums noted C it y Anomey Brotzman had menti oned we could prepare fa ct sheets that could be
picked up . He asked if they could be placed at the Re creation Center, the Golf Course . C ivic Center, the
Library, or wherever, for di stribution . C ity Attorne y Brotzman said ye s, a s we would handle any other
information .
Council Member Wolosyn said she is just curious. that she is not trying to state thi s in a wa y that is
persuasive , but she assumed the fa ct sheet s will explain the questions in a wa y that the no m,al c iti zen can
understand . Because, she pointed o ut , some o f them are reall y very simple . C it y Attorn ey Brotz man said
yes and the idea of the fa c1 sheet. i1 is intended 10 break the questions down .
But, Council Member Garren sa id, the fa c1 sheel cannot go in 1he C it ize n a fier second reading . C it y
Anorne y Brotz man said tha1 i right.
Council Member Bradshaw started to suggest thal 1hey hand the fact shee ts out at Na1ional Night Out and
then she realized that the y can't, as it will take place afier second reading .
City Anomey Brotzman noted thal C ounc il and senior staff will be the amba ssado rs in getting thi s
information out to the citizens . We are reall y counting on Coun c il to talk 10 the ir constllucncy. he sa id .
Council Member Garren stated he is c oncerned that if they start see ing ballot que sti o n after ball ot que sri on.
people will just go no and they won't bother to read it . Counci l Member Bradshaw agree d .
Mayor Bums noted that National Night Out would be a llme to talk about thi s, as Counc il can still talk
about this. discuss the issues. after second reading . Cit y Anomey Brotzman said absolutel y . that Council is
not restricted from discussing the is sues. The issue 1s that we caMol spend mone y to di stribute items.
:
I • 0
]
•
•
•
Englewood Cily Council
July 16, 2001
Page II
,,. ,. ,
(iii) Council Member Bradshaw:
•
,.
• -'
I . She advised that she anended an early Night Out meeting last Saturday night in the 5000 bl oc k of
South Huron. I know that we are really, seriously looking at helping the people at Kent Village w11h the
noise mitigation off 285 , she said, but I also think we need to look at that Belleview co rridor and sec what
we can do to do traffic calming and noise mitigation, because it is so no isy. I hve off of Bellenew. but I
live down a hill so I don·t hear that. But that is just really atrocious. she said. and that was a weeke nd
night. so I would hate to think what it would be like during the week . M s. Bradshaw opmed that 11 ha s 10
be awful.
2. She said she is really excited that Baily's is finally going to move here . but she asked 1f1h ey o uld
take care of their property on C larkson because it looks really tack y.
3 . She said she had a question for Director Olson regarding Code Enforceme nt . I really appreciate
the efforts of Code Enforcement, she said, but I think we are missing some maj o r prope rties. whi c h are th e
school properties. that they do have weeds and the y are trashy. She commented that she did not kn ow ho "
we could work through that with them. The detention ponds , the Herbert Hosanna Athlenc Fi e ld . are Just
a mass of weeds on Clarkson, she said. and I really think that enforcement needs 10 be equa l fo r all peopl e
in the City. She pointed out that she had also noticed that Sinclair is not in the best of shape. I know that
Clayton is under construction, but still , weeds need to be taken care of. C herrel yn is probably the be st at
thi s point, she noted .
Director Olson said he could not think of any reason why we haven ·1 bee n particularly forceful w11h the
school system. but we can definitely start. He said he thought. over at the det ention pond. that that will be a
combination of working , not only with the school system. but "'ith Parks and Recreation as well , becau se 11
is kind of a combined project over there . I will check tomorrow and find out, he said.
Council Member Bradshaw commented that she knows sc hool isn ·1 in session. but it is sti ll property and
when somebody across the street gets a citation and then they look across 1he street and the weeds are l\\'1 c
as high, that is really not equitable.
Director Olson agreed. He said he has noticed some problems at Flood Middle School as well o n that north
lot. Council Member Bradshaw agreed that the y need to do something about the weeds in the concrete m
that lot.
Director Olson advised that he would c he c k to tomorro" to see 1f1here 1s something that proh1b1ts us from
dealing more directly with them .
4 . She thanked Director Olson for the contmued enforcement o f th e speed limit on Broadway and
Belleview. She noted there are some people "'ho are not happy with us, but it s ure seems a lo t safer,
especially for kids going acro ss to the parks and stuff.
Director Olson stated they would continue tr ying to do II as much as the y can. but we can ·t do it
consistently. so we will try to hit it on a rotational type basis .
But. Council Member Bradshaw noted. that intemuttent 1s working ve ry well . She thanked Director Olson.
• * * * •
Mayor Bums said , speaking of weeds , that he had asked about Kent Village, where there is a long stnp
right on 285 , and was told they had contac ted the owner. He asked if the owner is the homeowner s
association and if that is part of their common element.
Director Olson said he would think so, that it is either State highway right there or whoever take s the smp .
•
' • . '
' •
I • 0
•
•
(-.
Englewood City Council
July 16, 2001
Page 12
.. . ·, .. ~
•
..
• • • -
Mayor Bums conunented that he is very surprise d that they don't j ust ha ve a regular maintenance
procedure out there . Director Olson said he was not sure. But. he noted. apparentl y we have made conta ct
with the owner, but I do not know who that is.
City Manager Sears said we did and there was a report .
Director Olson said yes. there is a report in Council 's packet, but he was just not sure who the owner is .
Ma yor Bums pointed out that the y are pretty conscientious folk s over there and he was a little surprised to
find out that they had to be pushed to cut those weeds .
City Manager Sears advised they would do a follow-up .
(iv) Council Member Yurchick said he would like to thank Darren Hollingswo r1h fo r
the report on the Catalyst Program. He said it shows that the facade program is alive and well.
(v) Council Member Wolosyn :
I. She said she had a clarification question on the proposed re solution e stabli shing an Attendance
Policy for board and commission members . The third point states that the chair o f ea c h board or
commiss ion shall determine what is an excused absence . She asked if that refers to the s ituation where
someone calls and says .. , can't come tonight" and the chair decides whether that is wo rth y o r not and 11 1
just a single instance. not overall .
Council Member Bradshaw advised that that also concerned her. She suggested they J USI delete 11. Coun c il
Member Wolosyn agreed .
Council Member Bradshaw noted that otherwise that puts the chair in an untenable itua tion .
Mayor Bums commented that if somehow they have to make a decision then the y can do II in their 0\\11
way . Council Member Bradshaw agreed.
Council Member Wolos yn said that we do say that if you are absent that it ma y be a cause , so that 1s when
you can have a discussion of why or what. I think , she said, that it still doesn't mean it 's written in stone
that if you miss that many meetings you are out. Maybe I am wrong .
Mayor Burns asked if there was any objection to deleting paragraph three . There was none.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO DELETE
PARAGRAPH THREE.
Ayes :
Nays :
Absent :
Motion carried.
Council Members Nabholz, Garren, Bradshaw, Wolosyn.
Yurchick, Bums
None
Council Member Grazuli s
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED. TO APPROVE
RESOLUTION NO. 63. SERIES OF 2001 AS AMENDED .
The resolution was assigned a number.
RESOLUTION NO. 63 , SERIES OF 2001
A RESOLUTION ESTABLISHING AN ATTENDANC E POLICY FOR BOARD AN D COMMISSIO N
MEMBERS.
"
I • C,
2
•
•
-•
Englewood City Council
July 16, 2001
Page 13
Vote results:
Ayes :
Nays :
Absent:
Motion carried.
•
• -
Council Members Nabholz, Garrett, Bradshaw. Wolosyn.
Yurchick. Bums
None
Council Member Grazulis
[Clerk's note : This was listed as item 12 (b) (i) on the Agenda.]
..
2. She asked that the proposed resolution amending the Travel Polic y for the City Co un ci l be
assigned a number and read by title:
RESOLUTION NO. 64. SERIES OF 2001
A RESOLUTION AMENDING THE TRAVEL POLICY FOR THE CITY COUNCIL OF
ENGLEWOOD, COLORADO.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED. TO APPROVE
RESOLUTION NO. 64, SERIES OF 2001.
Council Member Yurchick said he had a question . On the la st hne it talks about approved by a majority . he
said. and I thought that we had eliminated the five m case we had a short Council.
Council Member Wolosyn agreed.
Mayor Bums stated they should remove the reference to five Council Members. because that in itself is a
super majority.
COUNCIL MEMBER YURCHICK MOVED. AND IT WAS SECONDED. TO AMEND
RESOLUTION NO. 64, SERIES OF 2001 BY STRIKING OUT .. OF FIVE (S) COUNCIL
MEMBERS" FROM THE SECOND TO THE LAST SENTENCE.
Vol~ rnults:
Ayes :
Nays:
Absent :
Motion carried.
Council Members abholz, Garrett , Bradshaw, Wolosyn.
Yurchick, Bums
None
Council Member Gra zuli
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED. TO APPROVE
RESOLUTION NO. 64, SERIES OF 2001 AS AMENDED .
Ayes : Council Members Na bholz. Garrett , Brad shaw, Wolosyn .
Yurchick, Burns
Nays: None
Absent: Council Member Grazuhs
Motion carried.
[Clerk 's note : This was listed as item 12 (b) (ii) on the Agenda .]
3 . She said she would like to state very strongly that the Cultural Arts Commi ss ion works under the
Parks and Recreation Department and everybody on that committee just thinks the world of that department
and Jerrell Black and we certainly intend to support, and we have been supporting. the Parks and
Recreation Bond. Not only for those reasons, she said, but also I think that anything that enriches
community life also stands 10 enrich culture. Council Member Wolosyn opined that the Parks and
Recreation Department docs really try to support culture and I don 't know whether we would have MOA
•
, .
I • 0
-
•
•
-•
Englewood City Council
July 16, 2001
Page 14
··-,.
•
..
• -'
here without their support. I just want to make that clear, she said. and I will do that every chance I get
throughout the summer . *. *.
Mayor Bums noted that we do have a concert. the Signs of Life. at the CityCenter Amphitheater. on Jul y
28'", sponsored in part by the Museum of Outdoor Arts . The performance will feature the Up C lose and
Musical contingent from the Colorado Symphony Orchestra. the David Taylor Dance Theater and Lighting
Creations. It 1s a sound and light show and 11 starts at 8 :30 p.m. He said it should be a very interesting
program and a wonderful concert and it 1s free . He encouraged everyone to anend .
13 . City Manager's Report
(a) City Manager ears noted that. at tud y Session, Lauri Dannemiller talked to City
Council about the lener regarding reapportiorunent . He asked for Council's direction . He noted Ms .
Danncmillcr passed out a lcncr.
COUNCIL MEMBER BRADSHAW MO\'ED, AND IT WAS SECONDED, TO DIRECT STAFF
TO SEND A LETTER TO THE COLOR.\00 REAPPORTIONMENT COMMITTEE STA TING
THAT TWO DISTRICTS IN ENGLEWOOD IS PLE~T\'. THAT WE DON'T ENTERTAIN
THREE AT ALL, AND THAT WE WOl'LD LIKE THE!\I TO KEEP THAT I~ Ml~D AS THEY
REDISTRICT.
Ayes :
Nays:
Absent:
Council :l-1embers :-:abholz. Garren. 13radsha". Wolosyn ,
Yurchick . Bums
None
Council Member Grazuhs
Motion carried.
(b) City Manager Sears reminded Council that there would be a Tn-C1t1es Meeting on
August 3•d. I think we sent the proposed agenda out to Coun c il. he sa id , and I talked to Littleton and thi s
will probably be the agenda and it will be at the Littleton C u y enter
(c) City Manager Sears advised that he would be gone from Wednesday to nex t Tuesday.
will be taking by son to medical school, he said . and I am pren y prnud of him . During that ume Mike
Flaherty will handle any concerns or complaints and I know he w1ll do an out stand111gjob . 1 appreciate the
support of C ouncil. he said.
Mayor Bums offered his congratulations to Gary Sears and hi s so n. He noted that that ha s been a goal of
his for some time.
14 . City Attorney's Report
(a) City Attorney Brotzman advised that the IBIS project is going to involve a number of
software licenses and software contracts . What I am as king for . he said . is the appointment of an outside
counsel. Terrence Maher. He is out of Omaha and what he does is exactly that , he rips apart the software
agreements and contracts and he will act , basi ca lly. as our franchise attorney does . He will give us what we
can change in contracts, what we can't hve with in contracts and what the y will not change in contracts. I
have talked to both Mike Flaherty and Don Ingle , he aid, and we are not anticipating that he will be doing
the negotiating. staff will be doing the negotiating and this will be for informational purposes .
Council Member Bradshaw said she thought that was really s mart . Mayor Bums agreed.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPOINT
ATTORNEY TERRENCE MAHER, TO PROVIDE LEGAL SERVICES WITH TECHNOLOGY
CONTRACTS .
I • 0
-
•
•
•
Englewood City Council
July 16, 2001
Page 15
,. ~ r'"· ..
•
• -..
Council Member Garren asked if they should name the law firrn or the individual. City Attorney Brotzman
advised that he would like Mr . Maher.
Vote results:
Ayes :
Nays:
Absent :
Motion carried.
15. Adjournment
Council Members Nabholz, Garren, Bradshaw, Wolosyn,
Yurchick, Bums
None
Council Member Grazulis
' '
• I
I • 0
l •
.I
1.
3.
4 .
l• ~ .. '
•
• -'
AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, JULY 16, 2001
C all to o rder. 'Ef':/Jf ~
In vocatio n ./)~
i :30 P.M.
Englewood Ci ic Ce nte r
1000 En gle\\OO d Pa r kwav
En glewood, CO 80110
Pl e d ge o f Allegia nce . ~
Rol l Ca ll. ~ -/ C AB<»IJ T: G;O-J.aui)
5. ,v\i nutes .
~h-o a. Minu tes fr o m th e mee ting of Re gu lar C ity C o un cil M ee tin g o i Julv 2, 200 l -~
6. Sc h ed uled V isito rs. (Pl ease limit yo ur p r ese ntati o n to ten m inutes./
8.
ff
Unsch e d uled Visi tl2!~, (Please li m it vo u~rr se ntati o n to ii\ e m inutes.) a. /)~IJ/0 PE"fC/!,XJN { 1*1'1,E. /!..bUfS.
/y . D DA) J,.e.tb{ ( ~~I) ,i£ntl-£
Co m m un icat io ns, Proclam at io ns . and A oi ntmen ts.
t!pfd b-O a. .\ p rocla ma tio n decla ring A ugus t -;, 2001 as Natio n al ight Out.~
Public Hea rin g (Non e sc hedul ed )
AA-YO/!.. 8/).e~s l/i.AAO(/£.IJ ITRf/~ /Oai/ ;./04.i/,· f~lf m ... ~AJG:JJT A6£AJM
10. o nsent Agenda. . • ~,-o '.kflhU~ 1l)UJ/Jl).A-fw /()4..; tJ/v'~ax lt)o-/'l-ii' IOtll'l-1i' ~7f"' a. ppr o vai 'oi1jrdi naocrs on r irst Re acfiilg. ----r .) /
•
i. COUNCI L BI LL NO . 33 -Reco mmendatio n fro m th e Elec t io n Commiss1o n1C i t,
Clerk 's Otiice to ad o pt a bill ro r an o rd inan ce ap p rovin g an Intergove rnm en tal
A gre em e nt w ith Arapah o e C o un tv ior C oo rd inat ed Ele cti o n e rv 1ces. STAFF
SOURCE: Frank Grvglewicz, Director of Finance and Administrative Services
and loucrishia A. Ellis , City Clerk/Election Commission Member.
Please note: If you have a diAbility and need auxiliary aids or services, please notify the City of Englewood
(303·762·2405) at leut 48 houn in advance of when services are needed. Thank you •
•
..
)
I • 0
]
•
•
•
j .. _,. ..
• -
Ul~lt--'\\00<.J LIi\ LL)ll llUI \g Jlll,l
Jul, 16. 200 I
P,1ge 2
-•
ii.
iii .
iv.
\ -
COUNC IL BI LL , 0. 38 -Re cornrn endat1011 ron th' De, ar 1 nt •J t F1n,mce and
dm inis tr ati1 e Se rvices to ad o pt J di ·o r Jn , ,rdinanv• ,ul,nrnt '11! o th
registered elec to rs oi the Cit, 01 En le,, oo J u '-l ie 11 c , ue e t ;o r Pa rh.s
and Re c rea tio n Pr oj ects . STAFF SO U R~:Jra!1,k Gn glewi cz. Dir ecto r of
Finance and Administrative Servi c e s. Plfildf'"
COU , CIL BILL NO. 3 -Re co mrn e n at1 011 roni the D
Administrati , e Ser\ ices to ad op t a b il l ro r J n ord1 n anu• e
reg ist ered elec to rs oi th e Ci t, o i Eng le,, ooc J ro o a n m nt to ru cl
X. Pa rt 111 , Sec ti o n 10 4 oi th e Chart e r o i the Ci t, 01 En ~! ,, ood rega r d1r1
General Obliga ti o n Bo nds. STAFF SO~C_E: ~~ank G~glewic z , Direc tor o f
Finance and Administrative Services.~
COUNCIL BILL NO . .J O -Rec o mm end ati o n irom the Ele cti o n Comm issio n Ci t,
Clerk 's Ofiice to adopt a b ill ior an o rdinan c e approving a Char ter uesti o n to r
th e N O\ embe r 6, 2001 Electi o n reaardin g lnitia ti1 e proce dure. STAFF SOU RCE :
Frank Gryglewicz, Director of Finance and Administrative Servi ce s and
Loucrishia A. Ellis, City Clerk/Election Commission Member.
CO NCIL BILL 1 0 . .J 1 -Reco mm end ati o n iro m th e Ele ctio n Co mmissio n 'C i t,
Clerk 's Office to ad opt a bil l fo r an o rdinance app ro , ing a Charter Questi o n to r
the 01 ·ernber 6, 200 1 Ele cti on rega r ding Re ter endu m proce dure. STAFF
SOURCE : Frank Gryglewicz. Director of Finance and Administrative Se rvi c e s
and Loucrishia A. Ellis , City Clerk/Election Commission Member.
v i. COU1 CIL BIL L NO . .J 2 -Rec omm enda t ion fr o m th e Ele cti o n Co mm1s sio n/Citv
Clerk 's Otfice to ad opt a bill fo r an o rd inan ce app rovin g a Charter Quest io n fo r
th e '1 01ember 6. 2001 El ectio n rega rding Recall procedu re. STAFF SOURCE :
Frank Grvglewicz, Director of Finance and Administrative Services and
Loucrishia A. Ellis , City Clerk/Election Commission Member.
vii. CO NCIL BIL L 0 . .J 3 -Recommendatio n fr om th Depa rtm en t of Fi n ance an d
Ad min is trative Ser\'ic es to adop t a bi ll ior an o rd inance submittin g to th e
registered elec to rs oi the Citv o i Engle,, o o d a p roposed am endm ent to Arti cl e
V, Secti o n .J I o i the Charter oi th e C it\' o i Englewo o d regard in g Eme rge n cv
Ordinan ces . STAFF SO U RCE : Frank Grvglewicz, Director of Finance and
Administrative Services.
v iii . CO UNCIL BILL , 0 . .J.J -Re co mmendatio n tro m th e Department oi Fina nce an d
Ad m 1n1stra ti\,e Ser\·ices to ad o pt b ill ior n ordinan ce submi tt ing to the
registered ele c to rs o f the Citv 01 Eng lewoo a p ro p o sed amendment to Articl e
IX.
X. Part I • Sec ti o n 11 3 oi th e Cha rter O T the Cit, O T Eng lewood regarding
Co m pe t1tl\ e Biddin g. STAFF SOURCE: Frank Gryg lewicz. Director of Finan c e
and Administrative Services.
COUNC IL BILL 0 . .J S -Reco mm e nda tio n from th e D epartm •11 o i Finan c e an d
Adm 1n1 st r at1ve Servic es to ad op t a bill ior an o rdinance sub m 11 .. ng t o the
regi tered elect o rs of th e City o i En glewood a proposed am endment o Arti cle
X, Pa n IV , Sect io n 116 o i th e Cha rt er o i th e Citv 01 Engl ewood rel!araing Ca o1ta l
lm p ro, ements. STAFF SOURCE: Frank Gryglewicz, Director of Finance and
Administrative Services.
Please note: If you have a disability and need auxiliary aids or services, please notifv the Cit y of Englewood
(303-762-2405) at least "8 hours in advance of when services are needed. Thank you .
•
0
0
I • 0
•
•
'
•
J· .... ..
• -
nglewood C1 1y C o un ci l Ag end.1
ul, 16. ~00 1
Page 3
X . COUNCI L BILL NO. -1 6 -Re commendauo n rr o m the C o mmunity D eve lo pm ent
Department to adopt a bill tor an o rdinan ce appro , 1ng an In te rgo ve rnm en tal
Subgrantee Agreement wi th Arapah o e Co unt\ fo r th e 200 1 Co mm un itv
Developmen t Block Grant pro gram . STAFF SO U RCE : Janet Grimmett, Hou sin g
Finance Specialist.
b. Approval o i O rdina nces o n Se co nd Re ading.
ii.
C o uncil Bill No. 3-1 , app ro , 111 g Supple11 ent ;: 15 0 to the Co nn ec t o r 's A greement
w ith Southgate Sanitation D 1 m et.
C o uncil Bill I o. 35. authoriz in g an In terg overn mental Agreement with th e State
of Colorado fo r tran ier o i Stat e Highwav Pat ro l Cars.
c. Res o luti o ns and Motions.
Reco mmendatio n rrom the H uman Resources Depa rtmen t to ad op t a resolu ti o n
appro, ing the Collecti, e Bargaming Agreemen t bet\veen the Englewood
Empl o vees Association and the Citv of Englewood for 2002 and 20 0 3. STAFF
SOU RCE : Sue Eaton, Diret1or of Human Resources.
ii. Rec o mmendation from the Department o i Parks and Re c rea ti o n to a prm , b,
motion, th e replacement oi Re c reation Center locke rs . Stari recornmencl s
awarding the bid to the low bidder, Ly nch Materials Handling C o mpam o r
Broo miield 111 th e am ou nt oi $;'2 ,626 .6i. STAFF SOURCE : Je rr e ll Bla c k.
Direc tor of Parks and Recreation.
1 1. Reg ul ar Agenda.
a. Approval of Ordinances on Firs t Reading.
£r
b. Approval o f Ordinances o n Second Rea din g.
ff
c. Resolutions an d Motions.
/,--0 i. Re co mmendation fr o m the Human Res o urces Department to app r ove, b
motion. the appointment o i a Hea ring Office r for the Englewo od Police Benefit
~tlrf)/UAJ~E ~;s ociatio n Impasse. STAFF SOURCE: Sue Eaton , Director of Human
fu W. ~ ~ Resources.~
1 2. General Discussion.
a. Mayor's Choice.
~?; b. C o uncil Members' Choice.
1~ 'l_ -0 . i. , A Resolution Establishinl! an A ttendan ce Po licv io r So ard and Commission -r ( "a:i-~ Members~ APP'D 6-0( . BRADSHAW MOVED TO DELETE PARAGRAPH THR EE .....,-.,~
~{,f ii. A Resolutio n Amending the Travel Po licv fo r the Citv Council. ~
{fJ?f'-"~P~-0 ~~ TO A ME ND TH E SECOND TO TH E LAST SENTENCE B Y REMOVING "OF FIV E (5)
COUNC IL ME MBERS ." (A Co u ncil Mem ber ma y go to only one (1) out-of-s1a1e conference per year unless approved by a
&WI*-ma1ority vote el fi• a (&) CawRGil U-lla,s.)
•
-'
I • 0
-
•
•
• ,, ~t. '
' ...
• -...
•,
0
[nglP\\ ooo Cit Co 11n c1I gencia
Julv 16. 200 I
Page-+
•
13.
14.
City Manager's Report.
APP "D 6-0 BRADSHAW MOVED TO DIRECT STAFF TO SEND A LETIER TO THE COLORADO
REAPPORTIONMENT COMMITIEE STATING THAT TWO D ISTRICTS IN ENGLEWOOD IS PLENTY , THI
WE DON'T ENTERTAIN THR EE AT ALL , AND THAT W E WOU LD LIKE THEM TO KEE P THAT IN TH EIR
City Atto rne y's Rep o rt. MINDS AS THE Y RED ISTRICT .
Appoin tm en t o i Outside Co unse l· Terrence Maher./)~·
Adjo urnm ent.g'."~~
The fo ll ow in g minutes w ere transmitted to Ci ty Co uncil b etween June 29 and Jul y ·1 2, 2001:
Engle wood Bo ard of Adjus tm en t and Appeals m ee t ing of March 14, 2001
Engle woo d Public Library Bo ard meeting of Jun e 12 , 2001
Englewood Water and Sewer Board meeting o i Jun e 12. 2001
En glewood Co de En fo rcem ent Advisory Co mm itt ee meetin g oi June 20 , 2001
En glewood Liquor Lic ensin g Teleph o ne Poll oi June 20 , 200 1
Please note: If you have a disability and need auxilivy aids or semces, please notify the City of Englewood
(303-762·2405) at least 48 hours in advance of when services are needed. Thank you .
,. .. . . ' .
' '
0
I • 0
2 I
•
•
•
•
} } •., .. . . --..
ENGLEWOOD CITY CO UN CIL
ENGLEWOOD, ARAPAHOE COUN TY , COLORWO
Regular Session
July 2, 2001
I. Call to Order
The regular meeting of the Englewood Cit y Counc il was called to order by Mayo r Burns at 7:45 p .m.
2. Invocation
The invo cation was g iven by Counc il Member Nabho lz .
3. Pledge of Allegiance
The Pledge of All egi ance was led by ~1ayor Burns .
4 . Roll Call
P rese nt :
Absent:
A quorum was present.
Also prese nt:
5. Minutes
Council ;\!embers a bholz. Grazuli s, Garren . Bradshaw. W o losyn.
Yurc h ic k, Burns
None
ity Mana ger Sears
C ity Anom ey B rotzman
C uy Jerk Elh s
Direc to r O lso n. Safrty Se rvices
Direc to r Grygle w 1cz, F ,nance and Admini strati ve Servi ces
Semo r '.\,tana ge r Danne nuller. Communit y De ve lo pment
(a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECO~DED. TO
Sa
APPROVE THE MIN UTES OF THE REG ULAR CITY CO U~CIL MEETING OF Jt;~E 18. 2001 .
A ye s :
N ays:
A b stain :
Moti o n carried .
6. Scheduled Visitors
There were no scheduled visitors.
7 . Unscheduled Visitors
Counci l Membe rs Nabho lz, Garrett, Wo losyn. Yurc h1 ck, G razuhs ,
Burns
None
Co un ci l Yle mbe r Brad sha w
There we re no unscheduled visito rs .
Communications. Proclamations and Appointments
•
• J
I • 0
X
•
•
•
•
•· ...
• -
Englewood City Council
July 2. 2001
Page 2
(a) A proclamation honoring Co lorado's Finest Alt emati,·e Sc hoo l Principa l Cher Tufly on
the occasion of he r retirement was considered.
Ma yo r Bums asked th e City C lerk to read the proclamation in it s e nt irety.
COUNCIL !\!EMBER BRADSHAW MOVED. AND IT WAS SECONDED. TO APPRO\'E THE
PROCLAl\lATI0'.'1 HONORING COLORADO'S FINEST AL TER.'IIATl\'E SCHOOL PRJ'.'I C IPAL
CHER T U FL YON THE OCCASION OF HER RETIREMENT.
Ayes :
Nays:
Motion carried.
Council \1embers Nabholz, Garren . Brad sha w. Wo lo yn .
Yurchick. Grazulis , Bums
None
Mayor Bums offered M s. Tully congratulations and presented her wi th a co p y of th e proclamation. whi c h
had been signed by all of the members of Co un ci l.
Mayor Bums al so prese nted Ms . Tufly with a T-shin and a fi shing hat .
Mayor Bums thanked Ms. Tully for her service and said he couldn ·t believe she was retirin g. Yo u have
just been so wonderful for the school, we ha ve all enjo yed working with yo u so muc h. he said. and th e
Alternati ve School is a remarkable pl ace and yo u ha ve done a tremendous job. He asked for a ro un d of
applause .
Ms . Tufly said she was reall y moved and. she noted. s he is prone to c ry. I want to tha nk Co un c il. she sa id.
and I am very honored. It is overwhelming to have yo u read s uch a wo nderful proclamauon on my behalf.
she said . I have loved m y relationship with th e Ci ty of Englewood . There a re some wonderti1l peo pk in
thi s C it y and m the sc hoo l distnct. I hope that I can co nnnue to serve thi s co mmunity in so me s mall wa y.
she said . be c ause what I ha ve go n e n from thi s commumty is muc h more than I will ever be able to give
back .
COUNCIL MEMBER GARRETT MOVED. AND IT WAS SECONDED, TO APPROVE AGE~DA
ITEMS 8 (b) through (n).
(b) RESOLUTI01 NO. 48 , SER1ES OF 2001
A RESOL UTION REAPPOINTING J. L. BARNES TO THE ENGLEWOOD LIQ UO R LI CE \'S l).;G
AUTHORJTY FOR THE C ITY OF ENGLEWOOD, CO LORADO.
(c) RE SOLUTION NO. 49, SER1ES OF 2001
A RESOLUTIO, REAPPOINTING JOEL BURRA GE AS A YOUTH LIAIS 0 1 TO T HE
ENG LEWOOD CULTURAL ARTS COMMISSION FOR THE C ITY OF D /GLEWOOD , COLORAD O .
(d) RESOL UTION NO. 50, SER1ES OF 2001
A RESOL UTIO~ APPOINTING TERR1 CRAIG AS A ME~BER O F THE KEEP ENGLEWOOD
BE A TIFU L COM MISSIO FOR THE CITY OF E~G LE WOOD . COLO RADO .
(e) RESOLUTION NO. ·1 , SE RI E OF 2001
A RES OL T ION APPOINTING KATE DliLA:-IEY TO THE CCL TURA L ARTS CO'.\t'.\11 S 10\' FOR
TH E CITY OF ENGLEWOOD , C OLORADO .
I • 0
•
•
•
. _ ...
• -
Englewood City Council
July 2. 2001
PageJ
(f) RESOLUTIO NO. 52, SER1ES OF 2001
A RESOLUTION REAPPOINTP.siG BARBARA FOUT TO THE E:-.:GLEWOOD LIQ UO R LICE:-.:SI:s/G
AUTHOR1TY FOR THE CITY OF ENGLEWOOD . COLORADO .
(g) RESOLUTION NO. 53. SERIES OF 2001
A RESOLUTION APPOfNTING GARY GARThER TO THE CUL TlJRAL ARTS COM MIS SIO:S: FOR
THE CITY OF ENGLEWOOD , COLORADO .
(h) RESOLUTION NO . 54. SER1ES OF 2001
A RESOLUTION REAPPOfNTfNG KE'.\'DRA GRAZ 'LI S AS A YO 'TH ME\1BER OF THE
ENGLEWOOD PARKS AND RECREATIO:-.: CO '.\IMI SS IO:si FOR THE CITY OF E:s/G LEWOOD .
COLORADO .
Mayor Bums advised that Ms . Grazulis \\Tote a note thanking Coun ci l for appointing her .
(i) RESOL UT IO N :s/0 . 55 , SER1ES OF 2001
A RESOLUTION REAPPOINTING TARA HOLMES AS A YO UT H MEMBER OF THE
ENGLEWOOD PARKS AND RECREATION COMMISS ION FOR THE CITY OF ENGLEWOOD .
COLORADO .
U) RESOLUTION NO. 56 , SER1ES OF 2001
A RESOL TIO 'APPOfNTfNG TARA HOLMES AS YO UTH LIAISON TO THE ENGLEWOOD
PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD , COLORADO .
(k) RESOL TION NO. 57, SER1ES OF 2001
A RESOL TION RECOMMENDfNG DEBI MEDLOCK FOR REAPPOINTME'>'T TO THE HO C IN G
AUTHORITY FOR THE CITY OF ENGLEWOOD. COLORADO .
(I) RESOLUTION NO. 58. SER1ES OF 2001
A RESOL TIO , APPOlNTfNG KENNETH PARKS AS A 1 ALTER>-IATE ME:VIBER TO THE
ENGLEWOOD PLANNING AND ZONfNG COMMISSION FOR THE CITY OF ENGLEWOOD.
COLORADO .
(m) RESOLUT!O r NO. 59, SERIES OF 200 1
A RESOLUTION REAPPOINTING HEATHER RADOSEVICH AS A YOUTH LIAISON OF THE
KEEP ENGLEWOOD BEAUTIFUL COMMISSIO. FOR THE CITY OF ENGLEWOOD , COLORADO .
(n) RESOL UTION NO . 60. SER1ES OF 2001
A RESOL UTION APPO!:'ITING MARY TAYLOR TO THE KEEP ENGLEWOOD BEA UTIF UL
COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO .
Vote results:
Ayes : Council Members Nabholz, Garren, Bradshaw, Wolosyu,
Yurchick . Grazulis, Bums
• J
I • 0
I
•
•
Englewood City Council
July 2. 2001
Page 4
Nays :
Motion carried.
No ne
None of the appointees were present.
•
. ' '
•
Ylayor Burns noted that staff would see to it that everyone receives their certificates and pms. He thanked
them for their service.
9 . Public Hearing
No public heanng was scheduled before Council.
I 0. Consent Agenda
MAYOR BUR'I/S REMOVED AGE'.\DA ITDI 10 (c) (i) FROM THE CONSENT AGENDA.
COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED. TO APPROVE
CONSENT AGENDA ITEMS 10 (a) (i) At'I/D 10 (b) (i).
(a) Approval of Ordinances on First Reading
(i) COlfl\:CIL BILL 1'0. 34, NTRODUCED BY COUNCIL \ff\1B ER
GARRETT
A BILL FOR AN ORD!NA::-ICE APPROVING SUPPLEMENT NO. 150 TO THE SOUTHGATE
SANITATION D!STRJCT CO :NECTOR'S AGREEMENT FOR THE INCLUSION OF LA N D WITHIN
THE D!STRJCT BOUNDARIES.
(b) Approval of Ordinances on Second Reading
(i ) ORDf1"A:,;CE :,;o . 31. SERIES OF 2001 (COU . C !L BILL -.o . 3 1.
INTRODUCED BY COL'); IL \1E\1BER WOLOSY::-1)
AN ORDJ-:-:A:-ICE ENTE Rf:,;G 1:-ITO A:-1 NTERGOVERNMENTAL AGREEMENT WITH THE L'.S.
ENVIRONMENTAL PROTECTION AGENCY FOR A DROW-:-:F!ELDS ASSESSME:-IT PILOT
PROGRAM FOR E'.':V!RONMENTAL C LEAN UP OF THE CE:-ITE , 'JAL PARK EXPANSION SITE .
Vote results:
Ayes:
Nays :
Mouon carried.
Council Members :-labholz, Garren. Bradshaw, Wolosyn,
Yurchick. Grazulis. Bums
o ne
(c) Resolutions and Ylotions
(1) Mayor Bums explained that the Agenda listed this item mcorrectly. as there 1s a
bid from a second vendor that should have been listed. He stated that this is a recommendation from the
Uti litie s Depanment to approve, by motion, two sole source bids for the electrical rehabilitation of the
Mclellan Pump Station. Staff recommends awarding the bids to Ryall Electric in the amount of
$35.340.00 for a motor control center and to Mountain Peak Controls, Inc . in the amount of $3 7 .346.00 for
demolition and mstalla11 o n. for a total expendirure of$72,686.00 .
COU:-ICIL '.\IEJ\IBER GARRETT MOVED, AND IT WAS SECONDED. TO APPROVE
CONSENT AGENDA ITEM 10 (c) (I) AS AMENDED.
•
,. ..
:,
I • 0
X
•
•
•
Englewood City Council
July 2, 2001
Page S
Ayes :
Nays:
Motion carried.
11 . Regular Agenda
•
• •
•
Council Members Nabholz, Garrett. Bradshaw, Wolosyn.
Yurchick, Grazulis. Bums
None
(a) Approval of Ordinances on First Reading
..
(i) Director Olson presented a recommendation from the Department of Safety
Services to adopt a bill for an ordinance authorizing an Intergovernmental Agreement with the State of
Colorado for transfer of State Highway Patrol Cars. Approximately two months ago, he said. A . J .
Guanella, of Burt Chevrolet, came to me with a problem. He explained that over the years the y sold.
through State bid, cars to the State Patrol for their use and in return . every once in while they would bu y
cars back from the State Patrol which they use for their securny fl ee t do,rn at their lo ts . Mr. Guanella
thought they were going to do that this year and all of a sudden the y found out that State procedures had
changed and the State Patrol could not sell directl y to a private vendor. such as Burt . \-Ir. G uanell a came
down and talked with us and asked if we might be able to help them out. At that pomt, he sa id . I got m
touch with City Attorney Brotzman and we contacted the attorney with the State Patrol. We decided an
IGA was the way to go with this . Director Olson said. so that we would actually purchase the ve hicle s and
Burt would, in turn , reimburse us for the vehicles . It would be a pass-through kind of thin g with no cost to
us . We thought this was the way to go with this. because Burt ha s been very cooperative and supportive of
a lot of efforts that we have here in Englewood and. because of the zero cost on thi s . this would JUSt be a
nice opportunity to kind of help them out. He asked if Council had any que s tions.
Mayor Bums was assured that there would be no financial impact to the C ity .
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (a) (i) -COUNCIL BILL NO. JS.
COUNCIL BILL NO. 35, INTRODUCED BY COUNCIL MEMBER WOLOSYN
A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF ENGLEWOOD AND THE ST A TE OF COLORADO FOR THE TRANSFER
OF THREE STATE HIGHWAY PATROL VEHICLES TO BURT AUTOMOTIVE.
Vote resulls:
Monon carried .
Ayes:
Nays:
Council Members Nabholz, Garrett, Bradshaw, Wolosyn,
Yurchick, Grazulis, Bums
None
(b) Approval of Ordinances on Second Reading
There were no additional items submitted for appro val on second reading . (See Agenda Item IO -Consent
Agenda .)
(c) Resolutions and Motions
(i) Director Gryglewicz presented a recommendation from the Department of
Finance and Administrative Services to adopt a resolution transferring and appropriating funds for the
IBIS/E RP Project. Mayor Bums noted that this is an item that Council dis cussed at Study Session .
•
..
I • C,
32
J
•
•
Englewood City Council
July 2. 2001
Page 6
•
• -.,
Director Gryglewicz explained that this resolution tran sfers $650.000.00 from the Ge neral Fund to th e
Capital Projects Fund for the [BJS, ERP Project.
Mayor Bums asked if there was an y further questions o r additions to the di sc uss ion they had about
transferring the $650.000 .00 . In response to Ma yor Bums. Dire c tor Gryg le wicz ad,·ise d that thi s was
actuall y in the 2002 Budget and it will be moved up to be appropriated now .
COUNCIL MEMBER WOLOSY'.\ l\<IOVED , AND IT WAS SECONDED. TO APPROVE AGE'.\DA
ITEM 11 (c) {i) -RESOLUTION i\O. 61. SERIES OF 2001.
RESOLUTION NO. 61 , SERJES OF 2001
A RESOLUTION FOR THE APPROPRIATION A:S'D TRANSFER OF FUNDS TO UPG RAD E THE
CITY 'S TECHNOLOGY rNFR.ASTRUCT RE .
Vote results:
Ayes:
Nays :
Motion carried.
Co unci l :vtembers Nabho lz. Garren. Bradshaw, \V o losyn .
Yurchick. Grazulis . Bums
None
{ii) Senior Manager Dannemill er pres ented a reco mmenda ti on fr o m the 0111111 ui11t )
Development Department to approve, by motion. a Professional Services Co ntract for erVJce o n the South
Platte River/Santa Fe Corridor Open Space Plan Projec t in the amount of s · 1.000.00 to Wenk Associate ·.
Inc . A s ubcommittee of the larger South Platte River/Santa Fe Corridor Open Space Plan reco mmends
Wenk Associates to provide these services and. she noted, Wenk Associates is a leader m open s pac e
planning. Project funds for this plan are comprised of S 16,000.00 from the Great Outdoo rs Co lo rad o
Planning Grant. $21 ,000.00 from the Co mmunity Development Block Grant a nd S 14 .000.00 fro m th e Ci ty
of Englewood Community Devdopment Projects Budget. We have assembled a wide constitue ncy ba se to
assist in development of the plan, she said, including represe ntati ves from the S outh Suburban Parks and
Recreation Foundation. the City of Sheridan st aff and elected official s, the C it y of Englewood Ci ty
Co uncil , Parks and Rccreatton Co nm1i ssion and Parks and Rec reat io n staff: the C n y of Littl eton. l.i rban
Flood and Drainage District. Trust for Public Land and the Colorado State Department of :S:atural
Resources . Ms . Dannemiller explained that the plan will take approx imatel y eight month s to be complet ed
in five phases. including a la nd use inventory. co rnn1unity consensus building. alternative visio n
deve lopment. preferred option and implementation plan . She said she would be happy to ans wer an y
questions Council might have .
Mayor Bums commented that this is an exciting plan . Ms . Dannemiller stated the y are looking forward to
getting started . Mayor Bums said it is a far reaching kind of plan to ha ve and something we need to have in
the corridor.
COUNCIL MEMBER BRADSHAW '.\IOVED. AND IT WAS SECONDED. TO APPROVE A
PROFESSIONAL SERVICES CONTRACT FOR SERVICES ON THE SOUTH PLATTE
RIVER/SANTA FE CORRIDOR OPEN SPACE PLAN PROJECT IN THE AMOUNT OF
SSl,000.00 TO WENK ASSOCIATES, INC.
Ayes :
Nays :
Motion carried.
12 . General Discussion
(a) Mayor's Choice
"
Council Members Na bholz. Garren. Bradshaw, Wolosyn.
Yurchick , Grazulis , Bums
None
.. ,
• I
I • 0
]-
•
•
-•
•
•• -..
Englewood City Council
July 2. 2001
Page 7
(i) Mayor Bums sa id Alexan finally go t their temporary cenificate of occupancy
this afternoon . I would personally like to thank Gary Sears. he said . for some yeoman effons in the past
few days. There was difficulty with so me of the code compliance in the la st few da ys and :\Ir. Sears dro ,·e
all the way back from the Colorado Municipal League Co nference in Snowmass on Thursday to have a
meeting on this and then he turned around and drove all the way back on the sa me day. That was
wonderful service and. he said, I think Mr. Sears felt that he needed to be here and I think that is true , but
he sure went the extra mile to do it in more wa ys than one. Mayor Bums noted it was qune an effon.
(ii) Mayor Bums advised that the July 4<h festivities s tan at 4 :00 in th e afternoon at
the parks. with the fireworks about 9:00 p .m. Everyone is encouraged to parucipate . This i a great ~vem
for our City and the cities that share the fireworks with us. so invite yo ur friends and neig hb ors and ba ,·e a
good time.
{11i ) Mayor Bums advised that he , Julie Grazulis and Olga \\'olo yn JU t got back
from the Co lo rado Mumcipal Lea gue Conference in Snowmass. He o pined that it wa a ,·ery good
confrrence and that there were good sessions. I anended a session on the Mam treet ProJect. "h1ch mi g ht
be available for Englewood. I talked to Barbara Silverman. he said. the lad y m charge of that. and ll 1
pnmanl y use d by s mall communities to try to revitalize downtown areas . but he has been domg so m e
work m Denver o n the Marn srreet Project. Mayor Bums advised that Ms . S il ve rman a,d he wo ul d be
delighted to talk to us about ma ybe working with us for some further development on Broad" ay 111
Engle "ood I \\JS very pleased that we got a good reception to that overture and I gave Gary ears som~
material s on that. Ma yo r Burns noted that the first day. of the C ll y Allome y ·s se.:llon. was 111tegra1ed "llh
1he rest of the conferen ·e and there were some very good sessions o n this . Sarurda y th ere \\Cre maml y
atto rn ey there . but they had a very good program on conflicts of interest and how those are defined w he n
yo u represent , unous boards and commissions in addition to the govern mg body. I thou g ht 11 was a very
mteresting di cuss 1on. he said. and it was well done. There were a number of very good programs. One
was ·'Beyo nd Parltamentary Procedure", on how to run small meetings without being tied up in an awful lo t
of rules and regulations. There was an interesting discussion where one anomey was posing as a ci t y
attorney and the other one was . primarily, an outside defense counsel and they had very different ideas, at
times, about how to go about this. My memo about this conference. he said. is about complete, but I would
encourage anyone "·ho is interested to get a copy of the city anorney"s material because there is an awful
lot in there that I thought was really interesting and useful. Ma yo r Bums thanked the C it y for sending him
to the conference .
(iv) Mayor Burns advised that the Metro Ma yor's C aucus will be meeting here , for
the second time, in the Community Room, on Frida y to discuss primaril y growth control. I am pleased that
we are able to host them again.
(b) Council Member's Choice
(i) Council Member Grazulis said she j ust wanted to sa y how much s he appreciated
being able to go to CML. My repon will be fonhcoming, she said. but the two sessions s he really enjoyed
the most were .. Who 's running this town. anyway?" and the session on traffic calming. It was reall y an
interesting conference. She noted she had a chance to talk to a Linleton citizen yesterda y who found out
that a lot of his people fr o m Littleton had gone . He was gomg to go ahead and try to make it so the y would
never attend another CML conference because he felt it wasted money and the y always hold them in such
wonderful areas . Like we choo se the areas, she s aid. I told him what a shame it would be that his City
wouldn't be represented at these conferences, as all of the cities in the State attend. Ms. Grazulis said she
told him that we do rrux and mingle. but we also discuss issues with the various cities and yo u ge t to
discuss how yo u solve so me of the good things and the bad things . She told him that the y are very good
confe rences. After he listened to what I said, he decided to withdraw his petttion to have everybody be so
accountable that they couldn 't go. Mayor Burns said good for you .
•
..
I • 0
J-
-•
Englewood City Council
Jul~· 2, 2001
Page 8
. t~· ~·
•
..
•• -...
Mayor Bums conunented that you really do learn a lot at these conferences. it is ve ry interactive and I find
them very helpful.
(ii) Counc il Me mber Wolosyn said she appreciated the opportunity to anend the
conference. I tend to like the sess ions that have open questions , she said. instead of the ones that ran le a lot
of info at you. She said she liked the one about the idea of e,·er)1hing being computerize d. It was nice
because they held a discussion about 1t in the aft ernoon and it wa s a livel y discussion. beca use not
everybody agrees with that. I just lik e the push and pull of those types of sess ions. she said . Ms. Wolosyn
opined that the session about who mns the go vernment was also ve ry intere sting. The class mad e the po int
that it is not just City Council. that 1t is a bunch o f organizations and interests and o ne of Council ·s duue s is
to figure out how to balance it. I a lways hk e to be left with someth ing I don"t feel co mpl e te ly sur e about.
she said, and this conference ga,•e me about three sessio ns like that .
Mayor Bums noted that the talk about "ho 1s ru nn111 g the Ci ty was given by John Buecher. former CU
President, and he has been the mayor 111 Boulder and a counc il member and he had a lot of thoughtful idea s
about where cities are going and wh o is reall y impacting them .
Mayor Bums said that , along that hne . he meant to mention that everyone on Co un ci l ha s rece ive d a ca ll on
the poss ibilit y ofhavmg a vote on the ballot on a rum signal at Oxfo rd . Jo Anne Antoniuk called me too.
he said. but I have not had an opportunity to ca ll her ba ck becau se I was gone . but I am ve ry conce rne d
about micromanaging the City b y having vot es on individual tum s ignals , sto p light s. flower beds an d
whatever else. He opined that that can j ust be chaotic . Ma yo r Burns poi nted out that Co un c il ha s n"t even
had a chance to get a full report from staff on thi s and we ha ven ·1 ye t turned thi s lad y down and s he is
already talking about petitioning . I tlunk we really have to encourage people to work with the Cit y. he said .
before we start doing that because these are very expensive measures and I dunk it is a very great error to
start micromanaging the City that wa y.
Council Member Bradshaw suggested that maybe we need a citizen's traffi c commi ss ion . 1\fa yo r Bums
said that might be an idea . He noted we do have a lot of requests for indi\"ldual sto p s ig ns at indi vidual
places and wc arc in the middle of a Comprehensive Traffic Study fo r the City and I would hope tha t our
c itizens would have enough patience with us that they would not ru sh to a ballot box every tnne th ey want
something.
Council Member Nabholz pointed out that the y have come to us and told us that there are problems at
Dartmouth and Oxford and Kenyon and evidently they don 't feel we are listening . So. she said , ma ybe a
traffic commission would be an answer. Because we keep hearing that we have a traffi c stud y and we are
working on it . she said, and I don't know how man y years I have squa wked about Dartmo uth .
Co unc il .\1ember Bradshaw suggested that perhaps th e ci ti ze n 's traffic commi ssion might consist of
someone from every district or something like that.
Mayor Bums felt that would be a good idea. He noted the y would act as sort of a buffer between Coun c il
and the citizens.
Council Member Bradshaw commented that it is not so much that. Council Member Garrett said it would
be a recommendation comminee . Ms . Bradshaw agreed that it would be a recommendation co mminee to
Co uncil. She noted we did it for code enforcement.
l\la yo r Bum s opined that Council does get go od staff input fr o m Public Works on the se iss ues when they
ome up . Because, he noted. sometimes people raise a ques tion and when you reall y anal yz e 1t. the facts .
and how 1t works, things are a linle different than yo u might think .
•
0
I • 0
•
•
•
Englewood City Council
July 2, 2001
Page 9
•
. . . -
City Manager Sears advised that Ken Ros s would be here :vtonday night. We dtd have a conver att on "nh
Ms. Antoniuk and we told her that thi s iss ue would be coming before Counc il :'vlonda y mght and she s ai d
fine . that she wanted to wait and see . Again. he noted . Council ha s n ·1 had the oppo mnut y to look at the
pros and cons of that. Cenaml y. he sa id . a commiss ion that could deal wnh the traffic I ues \\Ould be
good.
Council Member Bradshaw s tated that a c itizen's traffic commiss ion would ha,·e he lped \\tth th e hg ht ,at!
and that neighborhood and it would also help with the area around the high c hoo l. he noted that JUSt
because she thinks that four wa y stops at sc hools are a good idea. it doesn·1 mean th ey nee d to be . She
pointed out that the traffic 1s not going to diminish in the next eight year . 1 JUSt thmk . he sa id . that th a t
might be another way to ge t ci ti zens involved. So. she said, we sho uld think a bo ut 11 .
City Manager Sears said we could provide some information to Counc il on o ther co nm1unn1e s that ma y
have had established that type of commiss ion . to see all the pros and co ns. We can rr y to pull th a t toget her
by 1\fonda y. he said, if Council wants that. That could be a pan of the rran sponatto n plan tha t we are
doing. as a recommendation. Mr. Sears noted that he does not kn o w exa ctl y "here C aner & Burgess and
Ken Ross are in tem1s ofpuning together the information that came fr om the la st of that series o fheanngs
We are looking at doing a fo ll ow-up set ofheanngs with ome reco mmendatt o ns . he said , 111 Au g ust. :I.Ir
Sears advised that he would require that Ken Ro ss provide that mfo rmatt on to C ouncil :vtonda y m ght o n
where we are going to go with those recommendatio n Cenaml y. he said . we could find o ut 1fthere are
other communities that have looked at that and could pronde that mfo rn1a11 o n.
13 . City '.\tanager's Report
(a ) Ci t y Manager Sears said he want ed to o m ,a lly a y that Tranm1el row did open the ir
doors tins atiernoon and they are moving people m ton ig ht. TI1e y have tw o banks of the budding that meet
the Code. There were issues about fire alarms m the tatr\\ell. m pamcular. in terms of the height of the
stauwells . It was actually the same issue we had" tth C ttyCenter. he said . They ha,·e complied wnh that
nnd colt :VlcFadden did say, at the meeting. that he wa s lookmg to ha,e kmd ofa grand opening
celebrati on with the City in A ugus t and that he \\'OU id work with us on doin g a j oint. positive event. Ri ght
nO\, th ey are moving, he said, and the y are planning to have qutte a few tenants move in wi thm the next
two weekends. Mr. Sears noted that the y do have so me co ntmum g pro blems to solve in order to get th e
next level open. But, he opined, it is exrning and the y are moving m tonight.
Co uncil Member Bradshaw asked if they are ahead of chedule . Ctty Manager Sears said ye s. that actuall y
:vtr. McFadden did indicate that the y are ahead of schedule and this 1s one of the fastest projects the y have
put together. Mr. Sears said I think the y just got a !tttle btt ahead of themselves and this was a pressure
point meeting because the requirements for tht s bu1ldm g and the se units will then set the tone for all the
umts m the rest of the development. So that . he ad v ised. 1s "hy 1t wa s cri11 cal and th ese are tou gh iss ue s .
For instance. the temperarure of water wa s six degree s over wha t 1s allowed . but there is scald mg that
happens be yond a cenain point . What we do get c aught mis what the law sa ys and then how yo u en fo rce
the law. But overall. he said. I think he th ought \\'e were responsl\·e . Tlus 1s a very comp lex project. he
said, and I have been told tha t, on any project. sometimes you will lind th at the s ubs don ·1 talk to the
general contrac tor. That"s what happens . Mr. McFadden was going to try to develop a little bit bener
intemal process. But Mr. McFadden said, at the end of meetin g Thursday, that he was excited about bemg
here and he feels good about the future of the project. He has some concerns about their relattonsh1p wtth
Wal-Mart and some of the trash and trucks that are there , but. again. I think tho e types of is sue s can be
worked out with hi s management people and with Wal-Man . City Manage r Sears stated that ~1r .
Mc Fadden felt this proj ect looked reall y good and he is excited about the tenants that are commg . Overall.
t>lr. Sears said. I think things are going well.
I~ City Anorney's Report
C it y Attorney Brotzman did not have an y matters to bring before Council.
•
I • 0
•
•
•
Englewood City Council
July 2, 2001
Page 10
15. Adjournment
,. +:
,•' .. -~
V
• ,.
..
1,
• -'
The meeting adj ourned at 8 :16 p.m .
I • 0
• I
PLEASE PRINT
NAME
•
•
• ..
•• -
PUBLIC COMMENT ROSTER
AGENDA ITEM 7
UNSCHEDULED VISITORS
DATE: July 16, 2001
UNSCHEDULED VISITORS MAY SPEAK
FOR A MAXIMUM OF FIVE MINUTES
ADDRESS
•
..
• I
TOPIC
)
I· 0
•
•
•
•
• •
PROCLAMATION
WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique
nationwide crime, drug and violence prevention program called National Night Out on
August 7 , 2001; and
WHEREAS, the 18th Annual National Night Out provides an opportunity for the City of
Englewood , Colorado to join forces with thousands of other communities across the country
in promoting cooperative police/community crime and drug prevention efforts : and
WHEREAS , the residential and business communities play vital roles in assisting the
Englewood Safety Services Department in its joint crime and drug prevention efforts by
supporting National Night Out locally : and
WHEREAS , it is essential that all citizens of Englewood be aware of the importance of
crime prevention programs and the impact that their participation can have on reducing
crime and drug abuse in the Englewood area ; and
WHEREAS, this crime prevention program is designed to heighten crime and drug
prevention awareness, generate support for anti-crime programs, and to strengthen
police/community relations ; and
WHEREAS , the police/community partnerships, neighborhood safety, awareness and
cooperation are important themes of the "Give Neighborhood Crime and Drugs A Going
Away Party" program;
NOW THEREFORE, 1, Thomas Burns, Mayor of the City of Englewood. Colorado, hereby
proclaim Tuesday, August 7, 2001 as:
NATIONAL NIGHT OUT
in the City of Englewood, Colorado and urge all Englewood citizens to support the
"18th Annual National Night Out" program by getting to know your neighbors and sending
a message to criminals that the neighborhoods in the City of Englewood are organized and
fighting back against crime .
GIVEN under my hand and seal this l61h day of July, 2001.
•
)
I • 0
-
•
•
-•
ORDINANCE NO._
SERIES OF 2001
•
..
• -
BY AU TH O RITY
.A BILL FOR
/i)., ,·
COUNCIL BILL NO . 33
INTRODUC ED BY COU r CIL
ME MBER~~~~~~~
AN ORDI NANC E APPROVI NG AN I NTERGO \ "E RNM Er TAL AG REE MENT
BETWEEN THE ARAPAHOE CO UNTY BOARD O F COMMI SSIO NERS BY AN D
THRO UGH THE ARAPAHOE CO U NTY CLERK AND RE CORDER Al\TD TH E CITY
OF ENGLEWOOD TO CO ND UC T A COORDINATED ELECTI ON ON 10VE MB E R
6 , 2001.
WHEREAS , purs u a n t to the Unifo rm Electi on Co de of 1992, gove rnme n ta l entit ies
ar e e n co uraged t o coo pe r a t e a nd co n solidate e lection s in orde r to r ed uce ta x payer
e xpe n ses; a nd
WHEREAS, the C ity of Englewoo d has pa rticip a t e d with Ara p a h oe Co unty in
co nduct in g coo rdina t e d e lection s s ince 1993 ; a nd
WHEREAS, Ara pahoe Co unty a nd the City of Englewoo d h ave determ i n ed t h at 1t is
in the best inte r est of the taxpaye r s a nd the e lect or s t o co nduct a coo rdin a t e d e lection
for the Nove mbe r 6 , 2001 election ; a nd
WHEREAS, the Colorado Constit ution Art icl e X, Sec tion 20 , r e quires t h e producti on
of a mailed notice ("TABOR" Notice) conce rning ce rta in ba llot issues tha t will be
s ubmitted to the e le ctors of Ara p a h oe Co unty a nd the City of Englewoo d ; a nd
WHEREAS , t h e TABOR notices of se ve r a l j urisdiction s a r e to be se n t as a pack age
whe r e juris dictions ove rlap ; a nd
WHEREAS, the r e should be co unty-wid e coo rd in ation of the prod uct io n a nd m a ilin g
of the TABOR notice packa ge to e ffectua t e the purposes of said co nst itutio na l section :
a nd
WHEREAS , Ar a p a h oe County a nd the City of Engle woo d desire t o set fo rth thei r
r espective r espon s ibilities for the coordinate d elec tio n and if n ecessar y fo r the
product io n a nd m a iling of the TABOR notice package purs u a nt to the
l n ter gove rnme nta l Agree m e nt;
NOW , TH E REFO RE , BE IT ORDAINE D BY TH E C ITY CO UNC IL OF TH E C ITY OF
E NG L EWOO D , CO LORADO , AS F OLLOW S:
Sect10 n 1: T h e Inter gove rnm e n tal Agree me nt For Coo rdina t e d El ec tion (E lect ion
a nd TABO R 1 oti ce) is a t t a ch e d h e r e t o as "Exhibit l." The Inte rgove rnme nta l
Ag r ee m e nt Fo r Coo r di n ated Elect io n (Election a nd TABOR No tice) is h er e by accepted
a n d app r oved by the Engle woo d C ity Co uncil a nd t h e Mayor is a uthorize d to e xecu te
a n d t h e City !e rk to a t tes t a nd seal the Agree me nt for a nd on be h a lf of the City of
E n gle wood .
-I -
I • 0
•
•
•
•
J • ... ...
• -
COUNCIL COMMUNICATION
Date Agenda Item
Jul y 16, 200 1
INITIATED BY
Electi o n Commission/City Clerk's Offi ce
10 a i
STAFF SOURCE
Subject
Intergove rnm ental A gree m ent
w ith Arapahoe County for
Coordinated El ect ion Serv ice~
Frank Gryg lewicz, Direc tor of Finan e and
Administrati ve Servi ce s
Lo ucrishia A. Ellis, City Clerk/Ele cti o n Commi ion
Member
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The City of Englewood has partic ipated wi th Arapah oe Co unty in co ndu ctin g coo rd ina ted elec t ion eve r,
ye ar since 1993 .
RECOMMENDED ACTION
Approve, by o rdinan ce , an int erg overnmental ag reemen t betwee n th e Ci ty of Englewood and Arapah oe
County for the Nove mber 6, 2001 Coordinated Mail Ball o t Ele cti on.
Beca us e of State Legislation and the Taxpayer's Bill of Rights {TABOR ) amendment app roved by th e o ters
in 1992, coordinated elections are to be conducted th rough o ut th e State b y County Cl erk s. A rapah oe
County has ad v ised the City of Englewood it will be conducting a Mail Ball o t Ele c ti o n on ovember 6,
200 1. Th e County has the capability of coordinating this election and includin g th e Ci ty of Englewood.
Th e Election Commission agrees that it is in the best interes t of th e elec to rs o f Englewo o d to cond uct future
elec ti o ns jo intl y with the other p olitica l entities within th e Co un ty. In ord er to participate in th e 200 1
coo rdinated electio n, it is esse ntial fo r the City of Engl ewood to enter int o an intergove rnm ental agree m ent
w ith Arapahoe Co unty.
Staff has reviewed the propose d intergovernmental agreem ent with Arapah oe Co un ty and co nc urs wi th th e
Commissi o n's re commendati o n .
FINANCIAL IMPACT
Since cos ts are based o n se ve ral va riables , i.e. th e num ber of regis tered elec to rs in th e Ci ty of Engl ewood at
th e tim e of th e electio n, th e number of ball o t qu es ti o ns , th e number of en titi es p art icipa tin g th e electio n,
th e financial impac t is o nl y an es timate. Bas ed o n th e kn own fac ts, th e cos t of th e 2001 muni ci pa l elect io n
has been budge ted at $20,000.00.
LIST OF ATTACHMENTS
Pro pose d bi ll for an o rdinan e
Pr op ose d Int ergove rnm ent al Agree ment for Coordin ated Electi o n (Elec tio n and TABOR o ti e) I • 0
-
•
•
•
..
• -...
Introduced , read in full , and passed on first reading on the 16th day of July , 2001.
Published as a Bill for an Ordinance on the 20th day of July , 2001.
Thomas J. Burns, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify
that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, r ead
in full , and passed on first reading on the 16th day of July , 2001.
Loucrishia A. Elli s
-2-
I • 0
J ~
•
•
-•
•
...
• •
INTERGOVERNMENTAL AGREEMENT
FOR COORDINATED ELECTION
ARAPAHOE COUNTY
NOVEMBER 6, 2001
(Election and TABOR Notice)
4
This Intergovernmental Agreement is entered into by and between the Board of County
Commissioners of the County of Arapahoe , State of Colorado and the Arapahoe County
Clerk and Recorder (hereinafter jointly referred to as the "County"), and the
Cicv of Englewood
WHEREAS , pursuant to the Uniform Election Code of 1992 , (Articles 1 to 13 of Title 1,
C .R.S .) as amended, governmental entities are encouraged to cooperate and consolidate
elections in order to reduce taxpayer expenses; and
WHEREAS, the County and the Cicv of Eng ewooc! have determined
that it is in the best interest of the taxpayers and the electors to conduct a Coordinated
Election on November 6, 2001; and
WHEREAS, the Mail Ballot Election Act (Article 7.5 of Title 1, C .R.S .) permits the use of
mail ballots for certain elections; and
WHEREAS, Colorado Constitution Article X, Section 20, (the Taxpayer's Bill of Rights
amendment or "TABOR amendment") requires the production of a mailed notice
("TABOR" Notice) concerning certain ballot issues that will be submitted to the electors
oftheCountyandthe Ci t . of Englewood ;and
WHEREAS, the TABOR notices of several jurisdictions are to be sent as a package
where jurisdictions overlap; and
WHEREAS, there should be county-wide coordination of the production and mailing of
the TABOR notice package to effectuate the purposes of said constitutional section ; and
E
X
,h
i
b
i
t
1
)
. (
I . 0
]
l
• r
•
•
•
, !' •• ..
·~
• -'
WHEREAS , the County and the ___ C_i~c_v~o_f _E""n_1?'"'l~e""w-"-o-=-o =-d -----desire to set
forth their respective responsibilities for the Coordinated Election and for the production
and mailing of the TABOR notice package pursuant to this Intergovernmental Agreement.
NOW, THEREFORE, IT IS AGREED by the County and the
_C_i __ c y'--o_f___;.;E_n"'g_l e_w_o_o_d _______ as follows:
1 . The November 6, 2001 election shall be conducted as a coordinated mail ballot election
in accordance with the Uniform Election Code of 1992 (Articles 1-13 of Title 1, C.R.S.)
and the TABOR amendment. All election participants shall be required to execute
agreements with Arapahoe County for this purpose and may include municipalities,
school districts and special districts within the Arapahoe County limits and the State of
Colorado.
2. The November 6, 2001 election shall be conducted as a mail ballot election by the
County with the use of ballots and electronic vote-counting equipment.
3. The Arapahoe County Clerk and Recorder is designated as the Coordinated Election
Official and the Cicv of En-lewood hereby identifies
..:cc.;..;he.;;._C;;.;1.;;.;· t;...Y......;;C..;;;l ..;;;e.c.r .:.ck __________ as it's Designated Election Official.
4. The County shall perform the following tasks in relation to said election, to wit:
a. Negotiate an agreement with Sequoia Pacific Systems Corporation for the
printing of the official ballots .
b . Provide a copy of the ballot layout and the text of the official ballot to the
designated election official for proofreading before authorization to begin
printing of all ballots .
c . Certify the complete number of registered electors within the Arapahoe County
portion of the Cicv of E:'1°l e •.1ooc! no later than October 15,
2001.
d . Provide support on the date of the electi on by telephone and in person, should
the need arise, until counting of the ballots is completed .
e. Provide unofficial results of the election on election night by telephone or by
facsimile transmittal upon request.
2
•
\ '
)
I· 0
•
•
•
•
• -
f. Maintain a list of actual voters from the November 6, 2001 election , and upon
request, generate a printed list of the persons who voted following the election.
The cost will be $.005 (1/2 cent) per name.
g. Determine the "least cost" method for mailing the TABOR notice package.
h.
Nothing herein shall preclude the County from sending the TABOR notice or
notice package to persons other than electors of the
Ci t v of Englewood if such transmittal arises from the
County's efforts to mail the TABOR notice package at the "least cost".
Include the ----'C'""i'""c'""v___.;;.o_f .....:;.En""g"-l""'e'""• . .;"""o_o_d ____ ballot text, and provide a proof
as written and in the order submitted, in accordance with the TABOR
Amendment requirements for the TABOR notice. Coordinate and mail the
TABOR notice package in the time frame as required by law.
i. Store all voted ballots for a minimum of 6 months, and all other materials
required by law (Section 1-7-802, C.R.S.) to be saved, in such a manner that they
may be accessed by the participating jurisdiction, if necessary, to resolve any
challenge or other legal questions that might arise regarding the election .
j. Keep a careful and accurate accounting of time, supplies, printing costs and
salaries attributable to the County's administration of the election for the
jurisdiction. The participating jurisdiction's proportional share of actual costs
shall be based on County expenditures relative to the November 6, 2001 e!ecticn,
including a prorated share of TABOR notice.
k. Appoint, compensate, instruct and oversee the board of canvassers .
I. Appoint, compensate , instruct and oversee the judges of the election.
m . No later than 20 days prior to election, provide the participating jurisdiction no
less than 10 sets of each "test deck" of the jurisdiction's ballot style(s) to allow
for testing of electronic vote-counting equipment.
n.
0 .
Enforce Fair Campaign Practice Act (Article 45 of Title 1, C.R.S.)as it relates to
the November 6, 2001 election.
Provide and operate the County's electronic vote-counting equipment. There will
be no charge for the pre-election preventative maintenance on the electronic
vote-counting equipment for this election cycle.
3
•
)
I • 0
]
•
•
•
..
• -'
5. The ---'C'-"'i"'c_v_o _f _E_n~g~l_e_w_oo_d ____________ shall perform the follow i ng
tasks in relation to said election , to wit :
a. Certify the list of cand idates, ballot issues and/or ballot questions of each ballot
issue or question on a diskette in Microsoft Word 97 format along with a paper
copy of the ballot content no later than 4:00pm on September 12, 2001 . The ballot
content must be certified in the order in which it will appear on the ballot. The
certified l ist of candidates, ballot issues and/or ballot questions shall be final and
the County will not be responsible for making any changes after the certification .
b . Within one day of receipt, proofread the layout and the text of the jurisdiction 's
portion of the official ballots before authorizing the printing of all ballots .
c . The Cicv of En glewood is to publish all required legal notices for
the jurisdicti on's ballot questions and candidates, including the notice that is
required by Section 1-7 .5-107(2 .S)(a) C.R .S. that is published no later than 20 days
prior to the election , which covers all pertinent information required by statute . A
copy of such published legal notice shall be submitted to the County fo r its
records.
d . Prepare, hand-count and deliver to the County Clerk, the required test deck of
ballots for testing the electronic vote counting equipment, no later than October
24 , 2001 .
e . Remit payment directly to Arapahoe County within 60 days of billing for its
prorated share of all costs relating to the printing and mailing of ballots and all
other election expenses described in Section 4. The current estimated cost to
pri nt each ballot is approximately $1.10 , to be shared by all participating
jurisdictions.
f . Comply w ith the provisions of the Uniform Election Code of 1992 (Articles 1-13 of
Title 1, C.R.S .), and the time guidelines schedule as attached hereto as these
relate to the November 6 , 2001 election. The Cicv of !::nglewoo d
shall notify the County of any exception no later than 29 days prior to the election.
g . Receiving of petition representative's summary of comments is the responsibility of
c he Cicv o f Eng lewood
h. The process of receiving written comments and summarizing such comments , as
required by S.action 20 of Article 10 of the Coiorado Constitution. is the soie
responsibility of c:ie Cic'-" of Enzle,,ooc
i. Certifying a final and exact text and summary of comments concerning its ballot
issues to the County, on computer diskette formatted in WORD and with a paper
4
I • 0
•
•
•
•
I·
• -
document, no later than 4:00 pm on September 25 , 2001 for inclusion in the ballot
issue mailing as required by section 20 of Article X of the Colorado constitution .
The certified text and summary of comments shall be final and the County will not
be responsible for making any changes after the certification .
j. Remit payment to the County within 60 days of billing for the prorated cost of the
preparation and mailing of the TABOR notice package .
k. The C itv of En gl ewooc shall defend and resolve at its
sole expense all challenges relative to the candidates , ballot issues and/or ballot
questions as certified to the County for inclusion in the November 6, 2001
Coordinated Election.
I. Submit to the County a copy of the partici pating jurisdiction's map with the list of
county precincts, which corresponds to the County's precinct map, no later than
July 27, 2001 .
m. Order and deliver a certified copy of the property owner's list for the
C icv of E ngle· .• ood , (if deemed applicable).
n. Deliver all requests for absentee ballots to the County for p r ocessing . Such
requests shall be delivered or faxed daily to the Arapahoe County Clerk and
Recorder.
6. The Ci t" of Enel e ,v0od avers that it has sufficient funds available
in its approved budget to pay its prorated election expenses for the November 6. 2001
election.
7. Unless otherwise agreed in writing, this Intergovernmental Agreement and the
interpretation thereof shall be governed by the laws of the State of Colorado.
8. Should any provision of this Intergovernmental Agreement be determined by a court of
competent jurisdiction to be unconstitutional or otherwise null and void, it is the intent
of the parties hereto that the remaining provisions of this Intergovernmental
Agreement shall be of full force and effect.
9. Notices to be provided under this Intergovernmental Agreement shall be given in
writing either by hand delivery or deposited in the United States mail, certified mail,
return receipt requested, with sufficient postage, to the following persons :
5
•
0
0
I • 0
-
•
•
•
• -..
Tracy K. Baker
Arapahoe County Clerk and Recorder
5334 South Prince Street
Littleton , Colorado 80166-0211
10. This Intergovernmental Agreement may not be modified, amended or otherwise altered
unless mutually agreed upon in writing by the parties hereto.
11 . Attachments: The attachments on the following page(s) are a part of this agreement.
DATE: ____ _ ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS
Marie Mackenzie, Chairman
t ,EST: ARAPAHOE COUNTY CLERK AND RECORDER
Tracy K. Baker, Coordinated Election Official
DATE: ____ _ JURISDICTION NAME:
Cic v of Eniz_e ,mod
By: _______________ _
Thonas J . Bur::i.s
Title:, ___ :-t_e\_Y_O_R _____________ _
6
..
I· 0
-
•
•
, • .J ....
' .. . .
• -'
ADDENDUM A
INTERGOVERNMENTAL AGREEMENT FOR COORDINATED, MAIL BALLOT ELECTION
ARAPAHOE COUNTY
November 6, 2001
(School Districts only)
•
• The County shall perform the following tasks in addition to and in relation to said election:
•
All aspects of the petition process, distribution to and collection from candidates, and the
verification of signatures.
1. Provide candidate packets which include:
Candidate information (guidelines)
Petitions
Fair Campaign Practices Act forms
2. Verify candidate petitions, issue the letter of sufficiency to candidates and to the
designated election official of the school district.
3. Work in conjunction with the school districts on all protests of sufficiency or
insufficiency.
7
.. .. '
I· 0
xi
-
•
•
•
• -
100-i i
BY AUTHORITY
ORDINANCE NO .
SERIES OF 2001
COUNCIL BILL NO. 38
INTRODUCED BY COUNCIL
MEMBER~~~~~~-
A BILL FOR
AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELE CTORS OF
THE CITY OF ENGLEWOOD AT THE NEXT SCHEDU LED MUNICIPAL
ELECTION A BALLOT ISSUE AUTHORIZING THE ISSUANCE OF GENERAL
OBLIGATION BONDS AND THE LEVY OF PROPERTY TAXES TO PAY C H
BONDS; SETTING THE TITLE AND CONTENT OF THE BALLOT FOR THE
ELECTION; AND PROVIDING OTHER MATTERS RELATING THERETO.
WHEREAS, pursuant to Section 104 of the City Charter, the Ci ty Co uncil of t he
City of Englewood has the power to issue general obligation bonds of the City fo r a ny
public capital purpose upon the affirmative vote of a majority of the re gi s te r ed e lec t or
of the City voting thereon ; and
WHEREAS, the Englewood City Council had de termined to s ubmit a ba ll ot iss u e a t
an election of the City, to be held a s a coordinated elec t.J on on Nov e mbe r 6 , 2001. a nd
to set the title and content of the ballot for the ballot issue to be ubm1tted a t t he
election;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO U NC IL OF THE C ITY OF
ENGLEWOOD , COLORADO . THAT :
Section ) There is hereby submitted to the regi stered electors of the City of
Englewood at the next scheduled mumc1pal e lecti on on November 6, 2001 a ballot
issue authorizing the issuance of general obligat10n bonds for the purpose of expanding
and improving the Malley Seruor Ce nter. expand.mg and improving the Englewood
Recreation Center and constructing the Belleview Park Family Aquatic Center, and
authorizing the levy of property taxes to pay s uch bonds, which question shall be in
substantially the following form :
Question No
Shall the City of Englewood debt be increased up to $12.800,000 . with a
maximum repayment cost of up to $25 ,700 .000 , and s hall City taxes be
increased up to $1 ,300,000, annually for the purpose of:
• Expanding and improving the Malley Senior Center,
• Expanding and improving the Englewood Recreation Center,
• Constructing the Belleview Park Family Aquatic Center,
And to the extent moneys are available acquiring , equipping and constructing
recreation improvements within the City , by the issuance and payment of
general obligation bonds , which shall mature, be subject to redemption, with or
without premium, and be issued , dated and sold at such time or times . at such
prices (at, above or below par) and is such manner an containing such terms. not
inconsistent herewith, as the City Council may determine: s hall a d valorem
property taxes be levied in any year. without limitation as to rate or amount or
any other condition, to pay the principal of. premium . if any, and interest on s uch
bonds ; and shall the earnings on the investment of the revenues from s uch taxes
-1-
•
)
I • 0
•
-
•
• -
COUNCIL COMMUNICATION
Date Agenda Item Subject
Proposed bill for an ordinanc e
July 16, 2001 10 a ii submitting to the registered
electors a question to issue debt
for Parks and Recreation Proie cts
Initiated By Staff Source
Department of Financial Services Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council has made Parks and Recreation opportunities a priority and has discussed this project at a
number of study sessions.
RECOMMENDED ACTION
Staff recommends Council approve the attached bill for an ordinance submitting this question to a vote o f
the registered voters in the City of Englewood.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood Charter requires a majority affirmative vote of the registered electors to issue
general obligation debt (Article X, Part Ill. Section 104). The passage of Amendment 1 (TABOR ) also
requires the use of tightly constructed language in the ballot question.
City staff, Council, and the Parks and Recreation Board all agree that this project would provide a benefit to
the citizens of the City of Englewood . The precedes of the bond issue will be spent primarily on an
aquatics facility, and improvements to the Recreation and Malley Centers . General obligation debt is the
preferred method of funding this project because of the amount of money required could not be saved in
fund balance , and the public nature of the project. If this ballot issue is not successful , the project will not
go forward.
FINANCIAL IMPACT
The estimated cost of improvements and upgrades should not exceed S 12 ,800,000. If bonding is
approved, debt service will be made from property taxes collected from residential and commercial
property holders in the City of Englewood.
The question that goes to the voters shows the maximum repayment cost at $25,700,000 and the
maximum tax increase at $1,300,000 . These numbers are based on an interest rate of 7.5 percent, which is
higher than current market, but is used so there is no chance of underestimating the cost of issuing these
bonds.
LIST OF ATTACHMENTS
Proposed bill for an ordinance
•
)
I • 0
]
•
• • ...
and of the proceeds of such bonds (regardless of amount) constitute a voter-
approved revenue change?
Yes No
Sectjon 2. Each elector voting at said election and desirous of voting shall indicate
his/her choice by depressing the appropriate counter of the voting machine or by the
appropriate marking upon paper ballots where used .
Sectjon 3 The proper officials of the City of Englewood shall give notice of said next
scheduled municipal election, such notice shall be published in the manner and for the
length oftime required by Jaw, and the ballots cast at such election shall be canvassed
and the result ascertained, determined , and certified as required by law . The City
Clerk and other City officials and employees are hereby authorized and directed to
take all action necessary or appropriate to effectuate the provisions of this Ordinance .
Sectjon 4. If a majority of the votes cast on the ballot issue submitted at the
election shall be in favor of such question, the City acting through the City Council
shall be authorized to proceed with the necessary action to issue bonds and levy taxes
in accordance with such question. Any authority to issue bond s or to levy taxes . if
conferred by the results of the election, shall be deemed and considered a continuing
authority to issue the bonds and levy the taxes so authorized at any one time . ore from
time to time , and neither the partial exercise of the authority so conferred , nor any
lapse of time, shall be considered as exhausting or limiting the full authority so
conferred .
Section 5 For purposes of Section 1-11-203.5, C.R.S .. tlus Ordinance shall serve to
set the title and content of the ballot issue set forth herein and the ballot title for such
question shall be the text of the question itself. Any petition to contest the form or
content of the ballot title may be filed with the District Court and a copy served on the
City Clerk within five days after the title of the ballot question is set by the City
Council on final reading of this Ordinance.
Section 6. If any section, paragraph, clause, or other portion of this Ordinance is for
any reason held to be invalid or unenforceable , the invalidity or unenforceability shall
not affect any of the remaining portions of tlus Ordinance.
Introduced, read in full, and passed on first reading on the 16th day of July , 2001.
Published as a Bill for an Ordinance on the 20th day of July . 2001.
ATTEST: Thomas J . Burns, Mayor
Loucriahia A. Ellia, City Clerk
-2-
I • 0
-
•
•
•
•
..
• •
•
I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado. hereby certify
that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read
in full , and passed on first reading on the 16th day of July, 2001.
Loucrishia A. Ellis
-3-
•
..
• 1
A
I • 0
•
•
I• ',, ... ..
• -
BY AUTHORITY
ORDINANCE NO._
SERIES OF 2001
COUNCIL BILL NO. 39
INTRODUCED BY COUNCIL
MEMBER ______ _
A BILL FOR
AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELE CTORS OF
THE CITY OF ENGLEWOOD AT THE NE>.'1' SCHEDULED MUNICIPAL
ELECTION A PROPOSED AMENDMENT TO ARTI CLE X, PART III , SECTION 104.
OF THE ENGLEWOOD HOME RULE CHARTER .
WHEREAS, the City Council of the City of Englewood desrres to change the Ge neral
Obligation Bonds section from assessed va luation to actual valuation : a nd
WHEREAS , currently the City Charter limits the total outstanding general
obligation indebtedness of the City not to exceed at any time t hree per ce nt of assessed
valuation ; and
WHEREAS , this limit ca n impede the City 's ability to iss ue bonded debt for needed
improvements ; a nd
WHEREAS , the question s ubmitted to voters changes t he lim it from t hree p ercent
of assessed value to three percent of actual val ue ; a nd
WHEREAS, this raises the ceiling a pprolWilately SIX times : a nd
WHEREAS, if this were is place at December 31, 2000 , the maximum general
obligation debt permitted would have been $60 .807 , 178 , compared to the
$10,284,780 limit in place ; and
WHEREAS, it is important to note that the ultimate authority to is s ue a n y general
obligation debt will continue to rest with the citizens of Englewood regardless of th e
debt limit; and
WHEREAS, this requirement to vote on the issuance of general obligation debt is
defined in both the City Charter and State Constitution; and
WHEREAS, the Englewood City Council finds that s uch modification of the
Englewood Home Rule Charter would serve the public welfare ;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT:
-I -
•
..
I • 0
]-
•
•
-
•
1 • .. ...
•• -...
COUNCIL COMMUNICATION
Date Agenda Item Subject
Bill for an ordinance submitting to
Jul y 16, 200 1 10 a iii the registered electors of th e Ci tv
of Englewood a proposed
amendment to Article X. Part Ill ,
Section 104 oi the Charter of th P
Citv of Englewood.
lniti.ited By St.iff Source
Deoartment of Finance and Administrative Services I Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The City Council disc ussed placing this question on the 2001 ballot at a number of study sessions, including
one held May 2 1, 2001 where the y directed staff to proceed with submitting this question to the vo ters.
RECOMMENDED ACTION
Staff re commends Council approve the attached bill for an ordinance.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Currently, the City Charter limits the total outstanding general obligation indebtedness of the City no t to
exceed at any time three percent of assessed valuation. This limit can impede the City's ability to issue
bonded debt for needed improvements. The question submitted to voters changes the limit from three
percent of assessed value to three percent of actual value. This raises the ceiling approximately six times . If
this were in place at December 31 , :!000 the maximum general obligation debt permitted would have been
$60,807,1 78 compared to the $10,2 84,780 limit in place.
It is important to note that the ultimate authority to issue any general obligation debt will continue to res t
with th e citizens of Englewood regardless of the debt limit. This requirement to vote on the issuance of
general obligation debt is defined in both the City Charter and State Constitution .
FINANCIAL IMPACT
This action will not have a direct financial impact on the City of Englewood.
LIST OF ATTACHMENTS
Proposed bill for an ordinance
•
'
. '
I • 0
l
e r
•
•
•
...
• -
Section l The re is hereby submitted to the regi ster ed e lectors of the City of
Englewood at the next sc heduled municipal ele ction on November 6, 2001 a proposed
amendment t o the Ch arter of the City of Englewood , as follow s:
Question No
ARTICLE X
FINANCE ADMINISTRATIO N
PART III . BONDED INDEBTEDNESS
104: General obligation bonds.
Indebtedness a nd obligations of the City s hall be incurred a nd limited as
provided in Article XI of the Constitution of the State of Co lorado a pplicable to town
and cities except as otherwise provided in this Ch arter . Co uncil s hall h ave pow e r to
issue general obligation bonds of the City for a ny public capital purpose, upon
majority vote of the registered electors of the City vo ting t he reon at a s pecial ele ctio n ;
provided. however, that water extension and water improvement bonds may be
issued without an election upon determination to that effe ct by Co unci l. The total
outstanding general obligation indebtedness of the City , other t han fo r water bonds ,
shall not at any time exceed three percent (3%} of t he IS88e!8e!i actual valua tion of
the taxable property within the City as s how n by t he last p r ece ding assessment for
tax purposes. Water bonds shall mature and be payable as proV1ded by the
ordinance authorizing the .issuance of said bonds.
Yes No
Section 2. Each elector voting at said election and desirous of votmg s hall indicate
his/her choice by depressing the appropriate counter of the voting machine or by the
appropriate marking upon paper ballots where used.
Section 3 The proper officials of the Ci t y of Englewood s hall give notice of said n ext
scheduled murucipal election , s uch notice s hall be published in the manner a nd for the
length of time required by law , and the ballots cast at s uch election shall be ca nvassed
and the result ascertained, determined , and certified as required by law .
Section 4. Only if the question is approved by the registered e lectors of the City of
Englewood shall the Section be amended and the Charter, as a mended, ce rtified to t h e
Secretary of State.
Section 5 For purposes of Section 1-11-203.5, C.R.S .. this Ordinance s ha ll serve
to set the title and content of the ballot issue set forth herein a nd the ba ll ot title for
such question shall be the text of the question itself. Any petition to co ntest the form
or content of the ballot title may be filed with the District Court and a copy served on
the City Clerk within five days after the title of the ballot question is set by the City
Council on final reading of this Ordinance.
-2-
•
)
I • 0
-
•
•
•
• -
Section 6. I£ any section, paragraph, clause. or other portion of this Ordinance is for
any reason held to be invalid or unenforceable, the invalidity or unenforceability shall
not affect any of the remaining portions of this Ordinance.
Introduced, read in full , and passed on first reading on the 16th day of July, 2001.
Published as a Bill for an Ordinance on the 20th day of July, 2001.
Thomas J. Burns , Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read
in full , and passed on first reading on the 16th day of July, 2001.
Loucrishia A. Ellis
-3-
•
..
I • 0
X
J-
•
•
..
• -
BY AUTHORITY
ORDINANCE NO ._
SERIES OF 2001
COUNCIL BILL NO . 40
INTROD UCED BY COUNCIL
MEMBER~~~~~~-
A BILL FOR
AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL
ELECTION A PROPOSED AMENDMENT TO ARTICLE VI , SECTION 46 , OF THE
ENGLEWOOD HOME RULE CHARTER .
WHEREAS, the City Council of the City of Englewood desires to amend the
Submissions Section of the Englewood Home Rule Charter; and
WHEREAS , the Englewood City Clerk 's Office and the Englewood Election
Commission seek Council approval of a bill for an ordinance submitting to a vote of the
registered electors of the City of Englewood , at the next scheduled General Municipal
Election, November 6, 2001 , proposed amendments to the recall, vacancy , initiative
and referendum sections of the Home Rule Charter of the City of Englewood; and
WHEREAS , the amendments would permit submission of questions to the voters
at general state elections, which are currently restricted by Charter; and
WHEREAS, these Charter restrictions, regarding participation in general state
elections, were established prior to the advent of coordinated elections; and
WHEREAS , the Englewood City Council finds that such modification of the
Englewood Home Rule Charter would serve the public welfare ;
NOW, THEREFORE, I;3E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , THAT :
Section 1 There is hereby submitted to the registered electors of the City of
Englewood at the next scheduled municipal election on November 6 , 2001 a proposed
amendment to the Charter of the City of Englewood , as follows :
-l -
..
0
I • 0
32X
•
•
-•
46: Submissions.
•
. . . -
Question No
ARTICLE VI
INITIATIVE AND REFEREND M
If the petition accompanying the proposed ordinance 1s signed by registered
electors equal in number to ten percent (10%) of the preceding gubernatorial vote in
the Qity, with a request for a special election , the Council shall either pass said
ordinance without alterat10ns within thirty days after the petition is filed , subject to
the referendum . or call a special municipal election, unless a general municipal
election, M' special municipal election or "neral state election is to occur within
ninety days thereafter. At such 11peeial er general municipal election, s pecial
municipal election or general state election the Council shall submit said ordinance
to a vote of the electors of the City. If the petition is signed by registered electors
equal in number to at least five percent (5%) of the preceding gubernatorial vote in
the Qity, and 1s filed with the City Clerk at least ninety (90) days before ttny ~
~ murucipal or general state election. the Council shall pass said proposed
ordinance without alterations within thirty (30) days. or shall submit same to a vote
of the electors at the next general municipal election or~ state election. If the
petition 1s not filed with the City Clerk at least ninety (90) days before the next
general municipal election or~ state election, 1t shall be null and void .
An initiated ordinance shall be published in the same manner as other
ordinances. The ballot upon which such proposed ordinance is submitted shall
comply with the requirements set forth in Section 14 of this Charter. If a maionty of
the electors voting thereon shall vote in favor thereof, the same shall thereupon .
without further publication, become an ordinance of the City immediately. Any
number of proposed ordinances may be submitted at the same election. The number
of special elections shall be limited as provided in Section 14 of this Charter.
___ Yes No
Section 2. Each elector voting at said election and desirous of voting s hall indicate
his/her choice by depressing the appropriate counter of the voting machine or by the
appropriate marking upon paper ballots where used .
Section 3 The proper officials of the City of Englewood s hall give nonce of said next
scheduled municipal election, such notice shall be published in the manner and for the
length of time required by law , and the ballots cast at such election shall be canvassed
and the result ascertained, determined , and certified as required by law .
Sectjon 4. Only if the question is approved by the registered electors of the City of
Englewood shall the Section be amended and the Charter, as amended. certified to the
Secretary of State.
-2-
•
I • 0
-
•
}· \:; t l\., ..
• I ~ •
•
..
• -
Section 5. For purposes of Section 1-11 -203 .5, C.R .S ., this Ordinance shall serve to
set the title and content of the ballot issue set forth herein and the ballot title for such
question shall be the text of the question itself. Any petition to contest the form or
content of the ballot title may be filed with the District Court and a copy served on the
City Clerk within five days after the title of the ballot question is set by the City
Council on final reading of this Ordinance.
Section 6. If any section, paragraph, clause , or other portion of this Ordinance is for
any reason held to be invalid or unenforceable, the invalidity or unenforceability shall
not affect any of the remaining portions of this Ordinance .
Introduced, read in full, and passed on first reading on the 16th day of July, 2001.
Published as a Bill {or an Ordinance on the 20th day of July, 2001.
Thomas J . Burns, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read
in full , and passed on first reading on the 16th day of July, 2001.
Loucrishia A. Ellis
-3-
. '
'
I • 0
...
-
•
•
•
)·~--... .. ... . ./:
• -'
COUNCIL COMMUNICATION
Date Agenda Item
July 16, 2001
INITIATED BY
Director of Finance and Administrative Services
Election Commission/City Clerk's Office
10 a iv
STAFF SOURCE
Subject
Charter Question for November
6, 2001 Election regarding
Initiative Procedure
Frank Gryglewicz, Director of Finance and
Administrative Services
Loucrishia A. Ellis , City Clerk/Election Commission
Member
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council reviewed this proposed amendment to the Charter at their April 16, 2001 Study Session. At
the May 21, 2001 Study Session Council directed staff to proceed with submitting this question to the
voters.
RECOMMENDED ACTION
The City Clerk's Office and the Election Commission seek Council approval of a bill for an ordinance
submitting to a vote of the registered electors of the City of Englewood, at the next scheduled General
Municipal Election, November 6 , 2001 , proposed amendments to the recall, vacancy, initiative and
referendum sections of the Home Rule Charter of the City of Englewood . The amendments would permit
submission of questions to the voters at general state elections, which are currently restricted by Charter.
These Charter restrictions, regarding participation in general state elections, were established prior to the
advent of coordinated elections.
Additionally, a review of Article IV, Recall revealed that paragraph six and paragraph nine contain repetitive
language. We have recommended changes in paragraph nine to clarify that this paragraph was meant to
refer to an election to fill a vacancy.
FINANCIAL IMPACT
This action will not have a direct financial impact on the City of Englewood.
LIST OF ATTACHMENTS
Proposed bill for an ordinance
Memo to Director Frank Gryglewicz dated March 14, 2001
•
,.
..:
~
•
)
I • 0
I
•
•
•
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
•
•·.\.
·~
• -
Frank Gryglewicz, Director of Finance and Administrative Services
Loucrishia Ellis , City Clerk
March 14, 2001
Proposed Charter changes
,.
At the Election Commission meeting, March 1, 2001 , the Commissi o n dis cussed amending the Charter to
permit submission of recall. vacancy, initiative and referendum qu esti o ns to the voters at general stat e
elections .
This became an issue last summer when a citizen initiated a recall effort. E en thou gh th e timing would
have allowed the question to be posed to the citizens at a general muni c ipal ele c ti o n, it was an off-y ear for
us . The fall election was a general state election, and based on Charter restrictions, we would have been
looking at a January special election. Both sides of the issue expressed dismay that the issue could not be
resolved at the November election. There is also the issue of the additional cost of conducting a special
election.
Charter restrictions regarding participation in general state elections were established prior to the advent of
coordinated elections.
The Election Commission reviewed Charter procedures relative to re call , acancy. initiative and referendum
and determined to propose changes which would allow the subm1ss1 on o f recall , vacancy, initiative and
referendum questions to a general state election.
Article VI. Initiative and Referendum , Section 46 : Submissions contained confusing language . The
Commission feels their recommended change would clarify the intent of the Charter, which is that petitions
submitted with signatures of 10% of the preceding gubernatorial vote in the City can call for a special
election . If the petition is submitted with just 5% of the signatures . the question must be submitted at a
general municipal or general state election. The Commission 's rec ommendation is simply to remove the
word "any" in Section 46 and add "a general."
Additionally, a review of Article IV, Recall revealed that paragraph si x and paragraph nine contain repetitive
language. We have recommended changes in paragraph nine to clarify that this paragraph was meant to
refer to an election to fill a vacancy .
I have attached a copy of the motion for further clarification. Please let me know if you have any questions.
•
'
~
• t
I • 0
]-
••
.I
•
-
•
, .
• -
exce rpt tr o rn March I , lUU I l:lect10 11 Corn,111ss1011 Meetin g Minutes
Member Lay moved, and Member Redpath seconded, to recommend submitting to a vote of the
registered electors of the City of Englewood, amendments to Article IV, Recall, Section 34 and Article VI,
Initiative and Referendum, Sections 46 and 47 generally as follows:
Article IV. RECALL
34: Procedures .
!Paragraph 6) Should a general municipal election, Elf a special municipal e lection, gi:
genera) state e!ectjon be held within the 60'h to 120'" day after filing of the recall petition, the recall election
shall be held in conjunction therewith. Sl:ie1:1le a geAeral state eleclieA ee 1:iele will:iiA 11:le eQ"'~"'-4¥,<
after filiAg ef Ille recall 13etitieA , tile recall electieA sl:iall ee l:iele eA 11:le 4e"'-t&-9G"' ea~· after tl:ie geAeral
state electieA. At such recall election, the question of the proposed recall of the elected officer shall be
submitted to the registered ele ctors who would be entitled to vote for the successor of the incumbent
sought to be recalled .
The ballot upon which such proposed re call is submitted shall set forth the following question :
•
SHALL (NAME OF PERSON AGAI ST WHOM RECALL PETITION IS FILED) BE RECALLED FROM THE
OFFICE OF (TITLE OF OFFICE )?
Following such question shall be the words "Yes " and "No". In the event that an officer is re ca lled by a
majority vote of those voting on the question, the office shall be deemed vaca nt and shall be filled at an
election called by Council not less than sixty (60) da ys nor more than one hundred l\venty (120) da ys after
the recall election unless within said period of time a general municipal election, a special municipal
election, or a general ~ ele ction is to be held.
!Paragraph 91 Should a general municipal election, Elf a special municipal election, QJ:
a general state electjon be held within the 60'" or 1 :!O '" day after ~ the recall ~ ~ the
election to fill the vacancy shall be held in conjunction therewith .
Recall elections and elections to fill a vacancy created by a recall election shall not be subject to the
limitation set forth in Section 14 of the Home Rule Charter.
Article VI. INITIATIVE AND REFERENDUM
46 : Submissions .
!Paragraph 1 J If the petition acc ompanying th e proposed ordinance is signe d by
registered electors equal in number to ten percent ( 10%) of th e preceding gubernatorial vo te in th e city,
wi th a request for a special election, the Council shall ei ther pass said o rdinan ce without alterations within
thirty days after the petition is filed, subject to the referendum , or call a special municipal election, unless a
general munjcjpa! e)ectjon Elf special municipal election or general state electjon is to occur within ninety
da ys th ereafter. At such ~ ef-general municipal election, spgcja[ munjcjpaJ election or general state
~ the Council shall submit said ordinance to a vote of th e electors of the City. If the petition is
signed b y registered electors equal in number to at least five percent (5%) of the preceding gubernatorial
o te in the city, and is filed with the City Clerk at least ninety (90) days before ilA'f a general municipal or
general state e lection, the Council shall pass said proposed ordinance without alterations within thirty {30)
days , o r shall submit same to a vote of the electors at the next general municipal or state election . If the
petition is not filed with the City Clerk at least ninety (90) days before the next general municipal or geowJ
state election, it shall be null and void.
•
. .
)
I • 0
-
•
•
•
J:;i, ••..
....... "'
• -
47: Reterenaum.
!Paragraph 2J If at any time within thirty (30) days after the final passage of an
ordinance to which the referendum is applicable a petition signed by registered electors equal in number to
at least ten percent (10%) of the preceding gubernatorial vote in the City, is presented to the Council
protesting any ordinance going into effect, it shall reconsider such ordinance. If the ordinance is not
entirely repealed, Council shall submit it to a vote of the electors of the City as provided in the Initiative and
Section 14 of this Charter, at the next general municipal election , 0f-aH special munjcjpal election ~
genera! state e!ectjon. Such ordinance shall then go into effect without further publication if a majority of
the electors voting thereon vote in favor of it. The Council, on its own motion, shall have the power to
submit any proposed ordinance to a vote of the electors at a general or special election as provided and
limited in this Charter. No provision of this Charter shall be construed as limiting the right of Council to
refer to any ordinance subject to referendum . If provisions of two or more proposed ordinances adopted
or approved at the same election conflict, the ordinance receiving the highest affirmative vote shall beco me
effective .
Vote results :
Motion carried .
•
Ayes:
Nays:
Absent :
Members Redpath, Ellis, Lay
None
Members Holmberg, Mulhern
•
' . ' .. ,
0
I • 0
X
-
•
•
•
•
A,
• -'
BY AUTHORJTY
ORDINANCE NO.
SERIES OF 2001
COUNCIL BILL NO. 41
JN'TROD UC ED BY COUNC IL
MEMBER~~~~~~-
A BILL FOR
AN ()RDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL
ELECTION A PROPOSED AMENDMENT TO ARTICLE VI , SECTION 47 , OF THE
ENGLEWOOD HOME RULE CHARTER.
WHEREAS , the City Council of the City of Englewood desires to amend t he
Referendum Section ; and
WHEREAS, the Englewood City Clerk's Office and the Englewood El ec tion
Commission seek Council approval of a bill for an ordinance submitting to a vote of the
registered electors of the City of Englewood , at the next scheduled General Muni cip a l
Election, November 6, 2001 , proposed amendments to the recall , vaca ncy , initiative
and referendum sections of the Home Rule Charter of the Ci ty of Englewood ; a nd
WHEREAS , the amendments would permit submission of questions to the voters
at general state elections. which are currently restricted by Charter; and
WHEREAS. these Charter restrictions, regarding participation in general state
elections, were established prior to the advent of coordinated elections ; and
WHEREAS, the Englewood City Co uncil find s that s uch modification of the
Englewood Home Rul e Charter would serve the public welfare ;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY OF
ENGLEWOOD , COLORADO , THAT :
Section 1 There is hereby s ubmitted to the regi s ter ed e lecto rs of the City of
Englewood at the next scheduled municipal e lec tion on Nove mber 6 , 2001 a propose d
amendment to the Charter of the City of Englewood , as follow s:
-I -
I • 0
•
•
-•
47: Referendum.
•
• •
Question No
ARTICLE Vl
INITIATIVE AND REFEREND UM
..
The referendum shall ap,ply to all ordinances passed by Council , e xcept
ordinances making the tax levy , the annual appropriation ordi n a nce, or the orderin g
of improvements initiated by petition and to be paid for in whol e or part by s p ecial
assessments.
If at any time within thirty (30) days after the final passage of an ordinance
to which the referendum is applicable a petition signed by r egister e d e lector s eq u a l
in number to at least ten p e rcent (10%) of the preceding gubernatorial vote in the
City, is presented to the Council prote t ing a ny ordinance going into effect, it s h a ll
reconsider such ordinance. If the ordinance i n ot e ntire ly repealed, Council s h a ll
submit it to a vote of the electors of the City as provided in the Initiative and Section
14 of this Charter, at the next general municipal e le ction. <H'"1tHt special munici a l
election or &eneral state elect19n . Such ordinance s h all then go into e ffect without
further publication if a majority of the e lectors voting the r eo n vot in favo r of it. The
Council, on its own motion . s hall h ave the pow e r t o s ubmi t a n , proposed ordi n a n ce
to a vote of the electors at a general er specia 1 J!!.!ill!cil!.!IJ e lection
~neral state election as provided a nd limited m tlu Charte r . No provision of thi s
Charter s h all be constru e d as limiting the right of Council to re fe r to any ordinance
subject to referendum . If provisio n s of two or mor e propo ed ordinances adopted or
approved at the same election conflict, the ordinance r ece iving the highes t affirmative
vote s hall become effective.
Ye s No
Sectjon 2. Each elector voting at said election and desirous of voting s hall indicate
his/her choice by depressing the appropriate counter of the voting machine or by t he
appropriate marking upon paper ballots where used .
Sectjon 3 The proper officials of the City of Englewood s hall give notice of s aid next
scheduled municipal election, such notice shall be publis h ed in the manner a nd for the
le ngth of time required by law , and the ballots cast at s u ch e lection s h a ll be c::in vas e d
a nd the res ult ascertained , determined , and certified as requ1red by la w .
Sectjon 4 . Only if the question is approved by the r egist e r ed e lector s of th e City of
Englewood s hall the Section be amended and the Charter, as ame nd ed , c rtifi e d to th e
Secretary of State.
-2-
•
)
I • 0
-
•
•
•
i ..... ...
• -..
Sectjon 5. For purposes of Section 1-11-203 .5 , C.R.S., this Ordinance s hall serve to
set the title and content of the ballot issue set forth h e rein and the ballot title for s uch
question shall be the text of the question itself. Any petition to contest the form or
content of the ballot title may be filed with the District Court and a copy served on the
City Clerk within five days after the title of the ballot que stion is set by the City
Council on final reading of thls Ordinance.
Sectjon 6. If any section, paragraph, clause, or other portion of thls Ordina nce is for
any reason held to be invalid or unenforceable , the invalidity or unenforceability s ha ll
not affect any of the remaining portions of this Ordinance.
Introduced, r ead in full , and passed on fir st reading on the 16th d ay of July, 2001.
Published as a Bill for an Ordinance on the 20th day of July , 200 1.
Thoma s J . Burns, Mayor
ATTEST:
Loucrishla A. Ellis, City Clerk
I , Loucrishla A . Ellis, City Clerk of the City of Englewood , Colorado. h er eby certify
that the above and foregoing is a true copy of a Bill for an Ordinance, introduced , read
in full , and passed on first reading on the 16th day of July, 2001.
Loucnsh.ta A. Elli
-3-
..
)
I • 0
•
•
•
•
• ,t ...
• -'
COUNCIL COMMUNICATION
Date Agenda Item
July 16, 200 1
INITIATED BY
Director of Finance and Administrati ve Services
Election Commission/Ci ty Clerk's Office
10 a V
STAFF SOURCE
Subject
Charter Questi o n fo r o, emb r
6, 200 1 Election regarding
Refe rendum Pr ocedu re
Frank Gryglewicz, Direct9 r of Finance and
Ad ministrative Serv ices
Loucrishia A. Ellis , City Clerk /Election Commission
Member
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council reviewe d this proposed amendment to th e Charter at th ei r April 16, 2001 Stud y Sessio n . At
th e May 2 1, 200 1 Study Session Council directed staff to proceed wi th submittin g this question t o th e
voters .
RECOMMENDED ACTION
The City Clerk's Office and the Ele cti o n Co mmissio n seek Council approva l of a bill fo r an o rdin ance
submitting t o a vote of the registered electo rs of th e City of Englewood, at th e next sc h ed ul ed G ene ral
Municipal Election, November 6, 2001, proposed amendments to th e recall, vaca ncy, initiative and
referendum sections of the Home Rul e Charter of th e Cit of Engl ewood. Th e amendments would permit
submission of questions to th e vo ters at general stat e electi ons , w h ic h are c urren tl y r es tri ct ed by Ch ar ter.
Th ese Charter restri cti o ns, rega rdin g participa tion in general state electio ns, were es t ab li shed prior to th e
advent of coo rdinat ed ele ct ions .
Additionally, a re view of Article IV, Re call revea led th at pa ra graph six and parag raph nin e co ntain rep et iti ve
lan guag e. We ha ve recommended chan ges in paragraph nin e to clarify th at th is paragraph was mean t to
refe r to an election t o fill a acan c .
FINANCIAL IMPACT
This act ion wi ll no t ha e a direct financial impac t on th e City of Englewood.
LIST OF ATTACHMENTS
Pro pose d bill for an o rdin ance
Memo to Direc tor Frank Gryglewicz dated March 14, 200 1
, .
..
I • 0
•
•
I • ..
•
• -
. .
MEMORANDUM
TO: Frank (iryglewicz, Director o f Finan ce and Administrati ve Sen ices
Lo ucrishia Ellis, City Cl erk FROM:
DATE: March 14, 2001
SUBJECT: Proposed Charter changes
At the Election Commission m ee ting, March 1, 2001 , th e Commission dis cuss ed amending th e Chart er t o
permit submission of reca ll , vaca ncy, initiative and refe rendum questi ons to th e vo t ers at gene ral state
elections.
This became an issue last summer when a ci tizen initiated a r eca ll effo rt. Eve n th o u gh th e timin g wo uld
ha ve allowed th e question t o b e posed to th e citizens at a general muni ci pal elec ti o n, it was an off-yea r for
us. The fall election was a general state election, and based o n Charter restri cti ons , w e wo uld ha\ e been
looking at a January special election. Both sides of th e issue exp ressed dismay that th e issu e co ul d no t h e
resolved at the November election. There is also th e issue of th e additi o nal cos t of co ndu ctin g a spe ia l
election.
Charter restrictions regarding participation in general state elections we re es tablish ed p ri o r to th e ad\ ent o i
coordinated elections.
The Electi o n Commission re v iewed Charter proce dures relati ve to reca ll , va an cy , ini tiat i\ e and r t r ndum
and determined t o propose changes which would all ow th e submission o f recall , \ acancy, ini t1a t 1\ and
•
referendum questions to a general state ele cti o n.
Arti le VI. Initiative and Refe rendum , Secti o n 46 : Submissi o n s co ntain ed coniusing lan gua ge . Th e
Comm is sio n fee ls th ei r reco mmended c hange wo uld larif th e in t nt o f th e Charte r, whi h is th at p t iti o n
submi tted with signatures of 10% of the preced in g gube rn at o rial \Ot in th e City c an call ior a p e ial
electi o n . If th e petition is submitted with just 5% of th e signa tures , th e qu esti on must be submitt ed at a
gene ral municipal o r general state ele ction . The Commissi o n 's re co mm endatio n is si mply to rem ove th e
w o rd "any" in Se c ti o n 46 and add "a general."
Additi o nall y, a revi ew of Arti le IV, Recall revea led th at para gra ph six and pa ragrap h nin e co nt ain rep etitl\ e
language. We ha e recommended c hanges in paragr aph nin e to cla rif , th at this para graph was m ea nt t o
rei er t o an electi o n to fill a v aca ncy.
I ha ve att ached a cop v of th e motio n fo r furth er clarifi catio n . Pl ease let m e kn ow if yo u ha ve an qu e~t io ns .
•
, .
'.)
I • 0
J
•
•
•
•
''-··
• -..
Excerp t from March 1, 2001 El ec ti o n Co mmissi o n M ee tin g Minutes
Member Lay moved, and Member Redpath seconded, to recommend submitting to a vote of the
registered electors of the City of Englewood, amendments to Article IV, Recall, Section 34 and Article VI ,
Initiative and Referendum, Sections 46 and 47 generally as follows:
Article IV. RECALL
3 4 : Pro ce dures.
!Pa ragraph 61 Should a general munici pal ele ti o n . 0f a spe ci al municipal e lec t ion, QI
general state e lecijon be held w ithin the 60'h to 11 0'h d a) aft r filing of th re ca ll pe titi o n, th e reca ll elec t;-;n
shall be held in conjunction therewith. Should a general slate eleetie ,~ ae held\, 1thin th e e0"'~"'-4w
after filing of the reeall 13etitien, the reeall election sl~all ae held e ,~ th e le "'-te--9G'" dar after lh e ge ,~eral
slale eleclion. At such recall election, the questi o n of th e prop osed r ca ll oi th e elec te d o ffi ce r shJII be
submitted to th e registered electors who would be e ntitl ed to vo te for th e suc ce sso r of th incumbent
sought to be recalled .
The ballot upo n w hic h such pro posed recall is submitted shall se t for th the iollo\\ 1ng qu tio n :
SHALL (NAME OF PERSON AGAINST WHOM RECAL L PETITION IS FILED ) BE RECALLED FRO \ THE
OFFICE OF (TITLE OF OFFICE )?
Following such ques ti o n shall b e th e wo rds "Yes " and " 'o". In th ee, e nt that an office r is reca ll ed b y a
majority vo te of th o se votin g o n th e question, th e o ffi ce shall be d emed vacan t and shall be fill e d at an
electi o n called by Council not less than sixty (60) da ys no r m o re th an o ne hundred t,, enty ( 11 0) da) s after
th e reca ll election unl ess within said period of tim e a general municipal ele cti o n. a spe ci al munic ipa l
ele ction, or a ge ne ral ~ electi o n is to be held.
!Pa ra graph 9J Sh o uld a ge neral municipal electi o n, 0f a special muni ipal e le ti on, w;
ageneral state election be he ld within th e 60"' o r 120"' da y aft er~ th e recall~~. th e
e lec ti o n to fill the vacancy shall b e held in conjunction th ere with .
Recall elections and e le cti ons to fill a vacancy crea ted b y a recall e lecti o n shall no t be su b je t to th e
limitation set fo rth in Section 14 of th e Home Rul e Charter.
Article VI. INITIATIVE AND REFERENDUM
4 6: Submissions .
!Para graph l I If th e p etit ion a co mpan ing th p ro p o sed o rdinan ce is sign e d b
regis tered elec to rs eq u al in number l o ten percent (1 O'Yo) of th e preceding gube rnat o rial vo te in th e ci ty,
w ith a req ues t fo r a special electi o n, th e Council shall e ith er pass said o rdinan ce w ith o ut alt erati o ns within
th irty davs after th e petition is fi led, subject to th e refe rendum, o r al l a s;:,ecia l municipa l elec tion, unl ess a
ge neral municipal electi o n, 0f spe c ial municipal election QL&eperal,ila te election is to occ ur w ithin nin ety
da ys thereafter. At such ~ ef-general municipal elec ti o n,5p eqa l municipal elec ti on or gene ral state
tle.cfum th e Co un ci l shall submit said ordinance to a vote o f th e e lec to rs o f the City. If th e p etiti o n is
sig ned bv regi stered e le c to rs eq ual in number to at lea st fi,e p erce nt (5%) o f th e prece ding gubernatoria l
vo te in th e ci ty, and is fil e d wi th th e City Clerk at leas t nin ety (90) days before ilflY a general muni c ipal o r
ge neral st ate elec ti o n, th e Counc il shall pass said pro p o sed o rdinan ce wi th o ut al t era ti ons within thirty (3 0 )
da ys, o r shall submit same to a o te o f th e electors at th e nex t gen rJI munic ipal or state electi o n. If th e
pe titi o n is no t fil ed w ith th e City Clerk at leas t nin ety (90) da s befo re th e nex t ge neral 111uni cipJI o r~ r 11
stJte elec ti o n, it shal l be null and vo id.
•
,.
)
I • 0
-
•
•
•
.. ...
• •
4 7 : Refe r endum . -
!Parag raph 21 If at any tim e wi th in thirty (30) days after th e fin al p assage o f an
o rdinan ce to w hi ch th e refe rendum is applica bl e a pe tit io n sign ed b y reg istered elec to rs equ al in number to
at lea st ten pe rce nt (10%) of th e prece din g gube rn ato rial vo te in th e C ity, is p rese nted to th e Coun c il
p ro tes tin g an y o rdinan ce go in g into effect, it shall reconsider such o rdinance . Ii th e o rdin an ce is no t
entirely rep eal ed, Co un cil sh all submit it to a vo te of th e elec tors o f th e City as p rovid ed in th e In iti ati ve and
Secti o n 14 of thi s Charter, at th e n ex t gen eral municipal electio n, 0f-iN--a specia l municipal elec ti on Q!:
gene ral st ate electio n . Su c h ordinance shall then go in t o effec t wi thou t fu rth er p ublica ti o n if a m aj o r ity of
th e e le cto rs vo tin g th ereon vo te in fa vor of it. Th e Council, on its own mot io n, shall have th e p owe r to
submit an y p ro posed o rdinan ce to a vote of th e e lec tors at a ge neral o r specia l elec tio n as p rovi ded an d
limited in thi s Charter. N o provision o f this Chart er shall be cons trued as limiting th e rig ht of Co un c il to
refer to an y o rdinan ce subj ec t to referendum . If provisions of II\ o o r more proposed o rdin anc~s ad o pted
or approve d at th e sam e elec ti o n conflict, th e o rd inan ce receiving the highes t affi rm ati ve vo t e sh all beco me effectiv e.
Vote results:
A yes:
N ays:
M o tion carri ed.
Abse nt :
Members Re dpath, Ellis , La y
o n e
Mem bers H o lmberg, M ulh ern
• . '
)
I • 0
•
•
•
ORDINANCE NO ._
SERIES OF 2001
•
• -
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 42
INTRODUCED BY COUNCIL
MEMBER~~~~~~-
AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL
ELECTION A PROPOSED AMENDMENT TO ARTICLE IV , SECTION 34 , OF THE
ENGLEWOOD HOME RULE CHARTER.
WHEREAS, the City Council of the City of Englewood desires to amend the Recall
Procedures section; and
WHEREAS, the Englewood City Clerk's Office and the Englewood Election
Commission seek Council approval of a bill for an ordinance submitting to a vote of the
registered electors of the City of Englewood, at the next scheduled General Muruc1pal
Election, November 6, 2001, proposed amendments to the recall, vacancy, 1n1t1ative
and referendum sections of the Home Rule Charter of the City of Englew ood ; a nd
WHEREAS, the amendments would permit submission of questions to the voters
at general state elections, which are currently restricted by Charter; a nd
WHEREAS, these Charter restrictions, regarding participation in general state
elections, were established prior to the advent of coordinated elections; and
WHEREAS , a review of Article IV, Recall revealed that paragraph six and
paragraph nine contain repetitive language ; and
WHEREAS, there are recommended changes in paragraph nine to clarify that this
paragraph was meant to refer to an election to fill a vacancy; and
WHEREAS, the Englewood City Council finds that such modification of the
Englewood Home Rule Charter would serve the public welfare :
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT:
Section I There is hereby submitted to the registered electors of the City of
Englewood at the next scheduled municipal election on November 6 , 2001 a proposed
amendment to the Charter of the City of Englewood, as follows:
-l -
)
I • 0
•
•
•
34: Procedures.
•
.. ' -
Quesuon ~o
ARTICLE IV
RE CALL
Any elected officer of the City of Englewood may be recalled from office at any
time after holding office for six months , in the manner here provided :
The procedure hereunder to effect the recall of any elected officer s hall be as
follows :
One or more registered electors who would be entitled to vote for the
successor of the incumbent sought to be recalled shall file with the Ci ty C lerk , an
affidavit of not more than 200 words stating the reasons for the recall of the e lecte d
officer sought to be removed . The City Clerk s hall , within forty.eight (48) hours after
the filing of said affidavit, matl a copy of said affidavit, by certified m ail , to the
elected officer sought to be recalled , who may file with the City Clerk a s worn
statement m defense of the charges made agamst him . After the affidavit has been
filed. the City Clerk shall authorize a petition for recall of the elected officer winch
shall include the statement in defense of the petition if so requested by the person
sought to be recalled prior to the authorization by the City Clerk. The City Clerk's
authorization shall not constitute an approval of the form or contents of the petition
but, rather, shall commence the running of the time periods provided hereafter.
The authonzed petition may be circulated and signed by registered electors
who would be entitled to vote for the successor of the incumbent sought to be
recalled . For recall of any elected officer, said petition must be signed by registered
electors who would be entitled to vote for a successor of the incumbent sought to be
recalled , numbering at least twenty-five percent (2 5%) of the registered electors
voting for all the candidates for the elected officer's respe<.'tive office in the last
preceding general municipal election.
The recall petition shall be filed with the requisite information and
signatures with the City Clerk within sixty (60) days after authorization by the City
Clerk. Failure to file a petition within this penod shall render the recall petition null
and void . If said petition is filed within the time specified and is proper in all
respects, the Council shall set a date for a recall election to be held not less than
sixty (60) days nor more than one hundred twenty (120) days after filing of the recall
petition unless within said period of time a general municipal election, a s pecial
municipal election or a general state election is to be held.
Should a general municipal election, er a special municipal election, QLl!
general state election be held within the 60th to 120th day after filing of the recall
petition, the recall election shall be held in conjunction therewith. Sheltlll II r;e11er11l
11t.11te eleetie11 l,e held II ithin the 69th te 129th 1111, 11ft.er fttinr; ehhe ree11H 11etitien ,
the ree11H eledie11 11h11H l,e held 1111 the 46th te 99th 1111, 11fter the r;e11er11l 11t11te
~ At such recall election, the question of the proposed recall of the elected
officer shall be submitted to the registered electors who would be entitled to vote for
the succeBBOr of the incumbent sought to be recalled.
-2-
•
•
)
I • 0
•
•
-•
•
• -
The ballot upon which such proposed recall is s ubmitted shall set forth the
following question:
SHALL (NAME OF PERSON AGAINST WHOM RECALL
PETITION IS FILED) BE RECALLED FROM THE OFFICE
OF (TITLE OF OFFICE)?
Following such question shall be the words "Yes " and "No". In the event tha t
an officer is recalled by a majority vote of those voting on the question, the office
shall be deemed vacant and shall be filled at an election called by Council not less
than sixty (60) days nor more than one hundred twenty (120) days after the recall
election unless within said period of time a general municipal election, a special
municipal election, or a general state election is to be held.
Should a general municipal election, -a special municipal election, or a
general state election be held within the 60th ~ 120th day after ~ the recall
pet:itiett election, the election to fill the vacancy s hall be held in conjunction
therewith.
Recall elections and elections to fill a vacancy created by a recall election
shall not be subject to the limitation set forth in Section 14 of the Home Rule
Charter.
Yes ___ No
Sectjgn 2. Each elector voting at said election and desirous of voting shall indicate
his/her choice by depreBSing the appropriate counter of the votmg machine or by the
appropriate marking upon paper ballots where used .
Section 3 The proper officials of the City of Englewood shall give notice of said next
scheduled municipal election, such notice shall be published in the manner and for the
length of time required by law , and the ballots cast at s uch election s hall be canvassed
and the result ascertained, determined, and certified as reqwred by law .
Sectjgn 4. Only if the question is approved by the registered electors of the City of
Englewood shall the Section be amended and the Charter, as a mended , certified to the
Secretary of State.
Sectjgn 5. For purposes of Section 1-11-203.5 , C .R.S .. this Ordinance s hall serve
to set the title and content of the ballot iBSue set forth herein and the ballot title for
such question shall be the text of the question itself. Any petition to contest the form
or content of the ballot title may be filed with the District Court and a copy served on
the City Clerk within five days after the title of the ballot question is set by the City
Council on final reading of this Ordinance.
Sectjgn 6 . If any section. paragraph, clause . or other portion of this Ordinance is for
any reason held to be invalid or unenforceable, the invalidity or unenforceability shall
not affect any of the remaining portions of this Ordinance.
-3-
•
I • 0
-
•
•
•
•
..
• • • -
Introduced, read in full, and palllled on first reading on the 16th day of July, 2001.
Published as a Bill for an Ordinance on the 20th day of July, 2001.
Thomas J . Burns. Mayor
ATTEST:
Loucrishia A. Ellie, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify
that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read
in full, and palllled on first reading on the 16th day of July , 2001.
Loucrishia A. Ellis
-4-
•·
,.
• I
)
I • 0
-
•
•
•
.. ..
• -
COUNCIL COMMUNICATION
D.ite Agend.i Item Subject
•
July 16, 2001
INITIATED BY
Director of Finance and Administrative Services
Election Commission/City Clerk's Office
10 a vi
STAFF SOURCE
Charter Question for November
6, 2001 Election regarding Recall
Procedure
Frank Gryglewicz, Director of Finance and
Administrative Services
Loucrishia A . Ellis, City Clerk/Election Commission
Member
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council reviewed this proposed amendment to the Charter at their April 16, 2001 Study Session . At
the May 21 , 2001 Study Session Council directed staff to proceed with submitting this question to the
voters.
RECOMMENDED ACTION
The City Clerk's Office and the Election Commission seek Council approval of a bill for an ordinance
submitting to a vote of the registered electors of the City of Englewood, at the next scheduled General
Municipal Election , November 6, 2001 , proposed amendments to the recall , v acancy, initiative and
referendum sections of the Home Rule Charter of the City of Englewood. The amendments would permit
submission of questions to the voters at general state elections. which are currently restricted by Charter.
These Charter restrictions, regarding participation in general state elections, were established prior to the
advent of coordinated elections.
Additionally, a review of Artide IV, Recall revealed that paragraph six and paragraph nine contain repetitive
language. We have recommended changes in paragraph nine to clarify that this paragraph was meant to
refer to an election to fill a vacancy.
FINANCIAL IMPACT
This action will not have a direct financial impact on the City of Englewood.
LIST OF ATTACHMENTS
Proposed bill for an ordinance
Memo to Director Frank Gryglewicz dated March 14, 2001
•
'
..
I • 0
]
•
•
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
•
... . .,.
• -
Frank Gryglewicz, Director of Finan ce and Administrative Services
Loucrishia Ellis, City Clerk
March 14, 2001
Proposed Charter changes
..
At the Election Commission meeting, March 1, 2001, the Commission discussed amending the Charter to
pennit submission of recall, vacancy, initiative and referendum questions to the vo ters at general state
elections.
This became an issue last summer when a citizen initiated a recall effort. Eve n though the timing would
have allowed the question to be posed to the citizens at a general municipal election. it was an off-ye ar fo r
us . The fall election was a general state election, and based on Charter restrictions, we would ha ve been
looking at a January special election. Both sides of the issue expressed dismay that the issue could not be
resolved at the November election. There is also the issue of the additional cost of co nducting a special
election.
Charter restrictions regarding participation in general state elections were established prior to the advent of
coordinated elections.
The Election Commission reviewed Charter procedures relative to recall , vacancy, initiative and referend um
an d detennined to propose changes which would allow the submission of recall , vacancy, initiative and
referendum questions to a general state election .
Article VI. Initiative and Referendum, Section 46 : Submissions co ntained confusing language . Th e
Commission feels their recommended change would cla rify the intent of the Charter, which is that petitions
submitted with signatures of 10% of the preceding gubernatorial vote in the City can ca ll for a special
election . If the petition is submitted with just 5% of the signatures, the question must be submitted at a
general municipal or general state election . The Commission 's recommendation is simply to rem ove th e
word "an y " in Section 46 and add "a general."
Additionally, a review of Article IV , Recall revealed that paragraph six and paragraph nine contain repetitive
language. We have recommended changes in paragraph nine to clarify that this paragraph was meant to
refer to an election to fill a vacancy.
I have attached a copy of the motion for further clarification . Please let me know if yo u have any questions.
•
. '
I • 0
-
•
•
•
• ..
.,
• -"
'
COUNCIL COMMUNICATION
Date Agenda Item
July 16, 1001
INmAlEDB\'
Director of Finance and Administrative Services
Election Commission/City Clerk's Office
10 a vi
STAFF SOURCE
Subject
Charter Question for November
6, 2001 Election regarding Recall
Procedure
Frank Gryglewicz, Director of Finance and
Administrative Services
Loucrishia A. Ellis. City Clerk/Election Commission
Member
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council reviewed this proposed amendment to the Charter at their April 16 , 1001 Study Session . At
the May 21 , 2001 Study Session Council directed staff to proceed with submitting this question to the
voters .
RECOMMENDED ACTION
The City Clerk 's Office and the Election Commission seek Council approval of a bill fo r an ordinance
submitting to a vote of the registered electors of the City of Englewood, at the next scheduled General
Municipal Election , November 6, 2001 , proposed amendments to the recall , vacan cy, initiative and
referendum sections of the Home Rule Charter of the City of Englewood. The amendments would permit
submission of questions to the voters at general state elections, which are currentl y restricted by Charter.
These Charter restrictions, regarding participation in general state elections, were established prior to the
advent of coordinated elections .
Additionally, a review of Article IV, Recall revealed that paragraph six and paragraph nine contain repetitive
language. We have recommended changes in paragraph nine to clarify that this paragraph was meant to
refer to an election to fill a vacancy .
FINANCIAL IMPACT
This action will not have a direct financial impact on the City of Englewood.
UST OF ATTACHMENTS
Proposed bill for an ordinance
Memo to Director Frank Gryglewicz dated March 14, 2001
•
'
' .
I • 0
-
•
•
•
•
• -
Exce rpt trom March I, 200 I Electi o n Commiss ion M ee tin g Mi nutes
Member Lay moved, and Member Redpath seconded, to recommend submitting to a vote of the
registered electors of the City of Englewood, amendments to Article IV, Recall, Section 34 and Article VI,
Initiative and Referendum, Sections 46 and 47 generally as follows:
Article IV. RECALL
34: Procedures .
[Paragraph 6 J Should a general municipal election, 8f a special municipal e lection , QJ:
general state eiectjon be held within the 60'h to 120th da y after filing of the recall petition . the re c all ele cti on
shall be held in conjunction therewith . Ske11la a geReral slate eleElieR ee kela 1\itkiR 11:ie 6Q'"~'"-4ly
after filiRg ef tke reEall J!elilieR, Ike reEall eleEtieR skall ee kela eR Ike 46"'4&-9G'" ea~· after Ike geReral
stale eleElieR . At such recall election, the question of the proposed re ca ll of the elected officer shall be
submitted to the registered electors who would be entitled to vo te for the successor oi the incumbent
sought to be re called.
The ballot upon which such proposed recall is submitted shall set fo rth th e fo ll owing questi o n :
SHALL (NAME OF PERSON AGAINST WHOM RECAL L PETITIO IS FILED ) BE RECALLED FROM THE
OFFICE OF (TITLE OF OFFICE )?
Following such question shall be the words "Yes " and "1 o ". In th e eve nt that an officer is re ca lled bv a
majority vote of those voting on the question. the office shall be deemed vacant and shall be filled at an
election called by Council not less than sixty (60) da ys nor m o re than o n e hundred twenty (120) da ys after
the recall election unless within said period of time a ge neral municipal e le cti o n, a spec ial munici pal
election, or a general ~ election is to be held.
[Paragraph 91 Should a general municipal election , 8f a special municipal e le cti o n,
a general state eiectjon be held within the 60th o r 1 20"' da after filiRg-ei the re call ~ ~ the
election to fill the vacancy shall be held in conjunction therewith.
Recall elections and elections to fill a vacan cy created b a reca ll ele ction shall not be subject to the
limitation set forth in Section 14 of the Home Rule Charter.
Article VI. INITIATIVE AND REFERENDUM
46 : Submissions .
[Pa ragraph 1 J If the petition accompan ying th e prop osed o rdinan ce is signed b y
registered electors equal in number t o ten perce nt ( 10%) of the precedi ng g ubernatorial vote in the city,
with a request for a special election . the Council shall eithe r pass said ordinance without alterations within
thirty da ys after the petition is filed . subject to the referendum , or call a special municipa l ele ct io n , unless a
gene ral munjcjpal eiectjon 8f special municipal election or general sta te eiectjon is to occur wi thin ninety
da s thereafter. At such~ 8f-general municipal election, SPedal WYOiciPal election 9[ general State
~ the Council shall submit said ordinance to a vote of the electors of the City. If the petition is
signed by registered electors equal in number to at least five percent (5%) of the preceding gubernatorial
\Ole in the city, and is filed with the City Clerk at least ninety (90) days before iiR'f a general municipal o r
gene ral state election, the Council shall pass said propo sed ordinance without alterations within thirty (30 )
da s. o r shall submit same to a vote of the electors at the next general municipal or state election . If the
petition is not filed with the City Clerk at least ninety (90) da ys before the next general municipal or~
state election , it shall be null and void.
•
I • 0
-
•
•
•
•
..
• -
47: Reterendum .
!Paragraph 2 1 If at an y time within thirty (30 ) da ys after the final passage of an
ordinance to which the referendum is applicable a petition signed by registered electors equal in number to
at least ten percent (10%) of the preceding gubernatorial vote in the City, is presented to the Council
protesting an y ordinance going into effect. it shall reconsider such ordinance. If the ordinance is not
entirely repealed, Council shall submit it to a vote of the electors of the City as provided in the Initiative and
Section 14 of this Charter, at the next general municipal election, 8f-i!hl special municjpal election w;
general state ejectjgn . Such ordinance shall then go into effect without further publication if a rna1ori ty of
the electors voting thereon vote in favor of it The Council, on its own motion, shall have the power t o
submit an y proposed ordinance to a vote of the electors at a general or special election as provided and
limited in this Charter. No provision of this Charter shall be construed as limiting the right of Council to
refer to an y ordinance subject to referendum. If provisions of two or more proposed ordinances adopted
or approved at the same election conflict the ordinance receiving the highest affirmative vote shall become
effective.
Vote results :
Ayes :
Nays :
Absent:
Motion carried .
Members Redpath , Ellis , La y
None
Members Holmberg. Mulhern
•
..
I • 0
•
•
-•
ORDINANCE NO._
SERIES OF 2001
BY AUTHORITY
A BILL FOR
•
• -..
l()A_vi,·
COUNC IL BILL NO. 43
INTROD UC ED BY COUNCIL
MEMBER ______ _
AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL
ELECTION A PROPOSED AMENDMENT TO ARTICLE V, SECTION 41. OF THE
ENGLEWOOD HOME RULE CHARTER.
WHEREAS. the City Council of the City of Englewood desires to amend Emergency
Ordinances section of the Home Rule Charter; and
WHEREAS, this bill for an ordinance submits to the registered voters in the City of
Englewood a ballot question making changes to the City Charter regarding emergency
ordinances; and
WHEREAS . currently, Article V, Section -U of the Charter does not allow the City to
pass an emergency ordinance to incur indebtedness; and
WHEREAS, City staff brought this issue forward after conferring with the City's
bond attorney and financial advisor; and
WHEREAS. as it stands now , when the City issues bonds the period of time
between the awarding of the bid and the actual receipt of the bonds to bidder require
first and second readings plus the 30-day referendum period: and
WHEREAS, during this relatively long period of time interest rates can change
significantly, which may limit the number of bidders on the City's debt; and
WHEREAS , some potential bidders may decide not to bid on Englewood debt
because of the uncertainty of not being able to market the securities for a long penod of
time ; and
WHEREAS. fewer bidders may deter bids that could reduce the interest the City
pays on its obligations; and
WHEREAS, the citizens of Englewood still maintain their right to vote on debt
issues, except for the indebtedness of the enterprise funds (e .g. Golf Course , Water ,
Sewer, etc.) which are repaid with user fees not taxes: and
WHEREAS, the Englewood City Council finds that such modification of the
Englewood Home Rule Charter would serve the public welfare ;
NOW , THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD. COLORADO, THAT:
-I -
I • 0
•
•
Date
July 16, 2001
Initiated By
' . ..
•
• -..
COUNCIL COMMUNICATION
Agenda Item
10 a vii
Subject
Bill for an ordina nce submitting to
the registered electors of the City
of Englewood a proposed
amendment to Article V , Section
41 of the Charter of the City of
Enelewood.
Staff Source
Deoartment of Finance and Administrative Services I Frank Grvelewicz. Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The Council has discussed these issues at a number of study sessions , including one held May :21 , :2 001
where Council directed staff to proceed with submitting this question to the vo ters .
RECOMMENDED ACTION
Staff recommends Council approve the attached bill for an ordinance.
BAO:GROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
This bill for an ordinance submits to the registered voters in the City of Englewood a ballot question making
changes to the City Charter regarding emergency ordinances. Currently, Article V, Section 41 of the
Charter does not allow the City to pass an emergency o rdinance to incur indebtedness.
City staff brought this issue forward after conferring with the City's bond attorney and financial advisor. As
it stands now, when the City issues bonds the period of time between the awarding of the bid and the
actual receipt of the bonds to bidder requires first and second readings plus the 30-day referendum period.
During this relatively long period of time interest rates can change significantly, which may limit the number
of bidders on the City's debt. Some potential bidders may decide not to bid on Englewood debt because
of the uncertainty of not being able to market the securities for a long period of time . Fewer bidders ma y
deter bids that could reduce the interest the City pays on its obligations .
The Citizens of Englewood still maintain their right to vote on debt iss ues , except for the indebtedness of
the enterprise funds (e.g. G o lf Course, Water, Sewer, etc.), which are repaid with user fees not taxes .
FINANCIAL IMPACT
This action will not have a direct financial impact on the City of Englewood.
LIST OF ATTACHMENTS
Proposed bill for an ordinance
I • 0
•
•
. . ..
•
• -
Sectjon ) There is hereby submitted to the registered electors of the City of
Englewood at the next scheduled municipal election on November 6 , 2001 a proposed
amendment to the Charter of the City of Englewood, as follows :
41: Emergency ordinances.
Question No
ARTICLEV
ORDINANCES
Emergency ordinances necessary for the immediate preservation of public
property, health, peace, or safety may be introduced. read and unanimous ly
approved by a quorum present, at any meeting of the Council. The facts s howing
such urgency and need shall be specifically stated m the ordinance. No ordina n ce
shall receive final passage on the same date 1t 1s mtroduce d ; h owever. e mergency
ordinances may receive final passage by Council on the followmg day. Emergency
ordinances shall take effect immediately upon final passage and s hall be publishe d
within seven days thereof. No ordinance making a grant of a ny s pec1al privilege,
levying taxes, incurring indebtedness. authorizing borrowing money or fixing rates
charged by any city owned utility shall ever be passed as an emergency measure
unless the indebtedness. or the borrowing of money has rece ived prior voter
aoproval. or the indebtedness does not require voter aoproval under Article X
Section 20 <TABOR} of the State Constitution.
___ Yes No
Sectjon 2. Each elector voting at said e le ction and desirous of voting shall indicate
his/her choice by depressing the appropnate counter of the voting machine or by the
appropriate marking upon paper ballots where used.
Sectjon 3 The proper officials of the City of Englewood s hall give notice of said next
scheduled municipal election. such notice s hall be pub!Jshed m the manner and for the
length of time required by law , and the ballots cast at s uch election shall be canvassed
and the result ascertained , determined , and certltied as reqwred by law .
Sectjon 4. Only if the question is approved by the registered e lectors of the City of
Englewood shall the Section be amended and the Charter. as amended . ce rtified to the
Secretary of State.
Sectjon 5. For purposes of Section 1· 11 -2 03 .5, C.R.S ., trus Ordinance shall serve to
set the title and content of the ballot issue set forth herein and the ballot title for s uch
question shall be the text of the question itself. Any petition to contest the form or
content of the ballot title may be filed with the District Court and a copy served on the
City Clerk within five days after the title of the ballot question is set by the City
Council on final reading of this Ordinance.
-2-
I • 0
•
•
•
•
I } ~ .. .. .. -~
• -..
Sect,jpn 6. If any section, paragraph, clause , or other portion of this Ordinance is for
any reason held to be invalid or unenforceable, the invalidity or unenforceability shall
not affect any of the remaining portions of this Ordinance.
Introduced, read in full , and passed on first reading on the 16th day of July , 2001.
Published as a Bill for an Ordinance on the 20th day of July, 2001.
Thomas J . Burns, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I , Loucrishia A. Ellis, City Clerk of the City of Englewood. Colorado, hereby certify
that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read
in full , and passed on first reading on the 16th day of July, 2001.
Loucrishia A. Ellis
-3-
I • 0
32
-
•
•
•
•
. '
• -
"
BY AUTHORITY
ORDINANCE NO ._
SERIES OF 2001
COUNCIL BILL NO . 44
INTROD U CED BY CO U NCIL
MEMBER~~~~~~-
A BILL FOR
AN ORDINANCE SUBMITTI NG TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF ENGLEWOOD AT THE NEXT S CHED ULED MUNICIPAL
ELECTION A PROPOSED AMENDMENT TO ARTI CLE X. PART IV, SECTION 113 .
OF THE ENGLEWOOD HOME RU LE CHARTER.
WHEREAS. the City Council of the City of Englewood desires to change the
Competitive Bidding process to provide for competitive bidding in exc ess of $25,000 or
as prescribed by ordinance; and
WHEREAS , this requirement has not be en adjusted i n ma ny ye ars a nd is no longe r
relevant from a financial viewpoint; and
WHEREAS , competitive bidding at this level is inefficient be cause so much time is
being spent on preparing, reviewing a nd awarding bids for relatively s mall purch ases:
and
WHEREAS . the Englewood City Council finds that s uch modification of the
Englewood Home Rule Charter would serve the public welfare :
NOW , THEREFORE. BE IT ORDAINED BY THE CITY COU NCIL OF THE C ITY O F
ENGLEWOOD . COLORADO, THAT :
S..ctgon J There 1s hereby s ubm itted to the registered electors of the City of
Englewood a t the next scheduled municipal election on Nove mber 6 , 2001 a propose d
a mendment to the Charter of the City of Englewood. a s follow s :
Question No
ARTICLE X
FINANCE ADMINISTRATION
PART IV. PURCHASES AND SALE S
113 : Competitive bidding .
Before the purchasing officer makes a n y purchase of supplies , materials or
equipment, in excess of $Hl,998.88 $25 000 or a s prescnbed by ordinance , he s hall
give ample opportunity for sealed competitive bidding, with such general exceptions
as the Council may prescribe by ordinance . Co uncil s hall not exempt a n y individual
contract, purchase or sale from the reqwrement of co mpetitive bidding. No officer ,
appointee or employee of the City shall be financially interest ed , directly or
indirectly, in the sale of any land, matenals, s upplies, or services to the City , except
in case of purchases submitted to competitive bidding or not exceeding a n a ggregate
of $100.00 in any one year. The lowest and best bid s hall be a ccepted or all bids will
be rejected. If the lowest bid is not accepted as being the best, s uch rejection must
be approved by Council. Provisions m this Section s hall not apply to professional or
-1-
•
I • 0
•
•
-.
•
• -
COUNCIL COMMUNICATION
Date Agenda Item Subject
Bill fo r an o rdinan ce su b m itting t o
Jul y 16, 2001 10 a viii the registered elect o rs of th e City
of Engle wood a pro p o sed
amendment to Art icle X, Part IV,
Se ction 11 3 th e Charter of th e City
of Englewood.
Initiated By I Staff Source
Department of Fi nance and Administrati ve Se rv ices Frank Grv glewicz. Direct o r
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The Council has discussed th is issue at a number of study sessi o ns . incl udi n g o n e held Mav 21, 200 1 w here
staff was directed to proceed w ith submitting this question to the vo ters . Als o , City Co uncil passed
Ordinanc e 9, Series of 2001 . This ordinance is closely related to th is issu e b eca us e it all owed en terpris e
funds to purchase supplies, equipment, etc up to $50,000 w ithout competitive b ids.
RECOMMENDED ACTION
Sta ff reco mme nds Co uncil approve the attached bill fo r an o rdinan ce . Pla c in g th is issue o n th e November
6 , 2001 b all ot, and hav ing it pass w ill lead to a m ore effic ient and effec t ive workp lace .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City Cha rter c urrently requires c ompetitive b idding o n all purchases of suppl ies , materia ls o r
eq uipm en t in excess of $10,000. This requirement has no t be en ad justed in m an yea r s and is no lo nge r
rele ant from a fi nanc ial vi ew p o int. Competitive b iddin g at th is level is inefficie nt becau se so much tim e is
bein g sp ent o n preparing, re v ie w in g. and awardi n g b ids fo r rel ativel y small p urchases . The o rdin ance un der
c o nsi dera t ion provides fo r co mpetiti ve bidding in excess of 5 25 ,000 or as presc rib ed b y o rdinan ce .
FINANCIAL IMPACT
Thi s action wi ll no t hav e a direct fi nanci al impact o n th e City o f En glewood .
LIST OF ATTACHMENTS
Pr o p o sed bill fo r an ordinance
. ,
I • C,
-
•
•
•
•
..
• -'
technical services, or services of regulated public utilities. All invitations to bid shall
require bidders to meet the requirements of State Statutes regarding preference of
State products.
Yes ___ No
Sed;jon 2. Each elector voting at said election and desirous of voting shall i ndicate
his/her choice by depressing the appropriate counter of the voting machine or by the
appropriate marking upon paper ballots where used .
Sed;jon 3 The proper officials of the City of Englewood shall give notice of said next
scheduled municipal election, such notice shall be published in the manner and for the
length of time required by law , and the ballots cast at such election shall be canvassed
and the result ascertained, determined, and certified as required by law .
Sed;jon 4. Only if the question is approved by the registered electors of the City of
Englewood shall the Section be amended and the Charter, as amended, certified to the
Secretary of State.
Sed;jon 5. For purposes of Section 1-11-203.5 . C.R.S .. this Ordinance s hall sen ·e
to set the title and content of the ballot issue set forth herein and the ballot title for
such question shall be the text of the question itself. Any petition to contest the form
or content of the ballot title may be filed with the District Court and a copy served on
the City Clerk within five days after the title of the ballot question is set by the City
Council on final reading of this Ordinance .
Sed;jon 6. If any section, paragraph, clause, or other portion of this Ordinance is for
any reason held to be invalid or unenforceable , the invalidity or unenforceability shall
not affect any of the remaining portions of tlus Ordinance.
Introduced, read in full , and passed on first reading on the 16th day of July, 2001.
Published as a Bill for an Ordinance on the 20th day of July , 2001.
Thomas J . Bums, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify
that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read
in full , and passed on first reading on the 16th day of July , 2001.
Loucrishia A . Ellis
-2-
•·
I • C,
X
•
•
•
•
• • '
BY AUTHORITY
ORDINANCE NO ._
SERIES OF 2001
COUNCIL BILL NO. 45
INTRODUCE D BY COUNCIL
MEMBER~~~~~~-
A BILL FOR
AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF ENGLEWOOD AT THE NEXT SCHEDU LED MUNlCIPAL
ELECTION A PROPOSED AM.ENDMENT TO ARTI CLE X, PART IV , SECTION 116,
OF THE ENGLEWOOD HOME RULE.Q~ . ~
WHEREAS, the City Council of the City of Englewood desires to cha nge the Capital
Improvements process to provide for competitive bidding in e xcess of S50 ,000 or as
prescribed by ordinance ; and
WHEREAS , this requirement has not been adjusted in many year s a nd is no longe r
relevant from a financial or operational viewpoint; and
WHEREA , co mpetitive bidding at this level is inefficie nt because so much tim e i
being s pent on preparing, reviewing and awarding bid s for r elatively s mall proJ ects ;
and
WHEREAS, the Englewood City Council finds that such modification of the
Englewood Home Rule Charter would serve the public welfare ;
NOW , THEREFORE, BE IT ORDAir-.TED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT :
Sectjon 1 There is hereby submitted to the registered electors of the City of
Englewood at the next scheduled municipal election on November 6 , 2001 a proposed
amendment to the Charter of the City of Englewood , as follows :
Questjon No
ARTICLEX
FINANCE ADMIN1STRATION
PART IV. PURCHASES AND SALES
116: Capital improvements.
Bids m excess of $20 ,000.00 $50 ,000.00 or as prescribed by ordina nce
except work performed directly by the City using City e mployees, shall be contracted
for as follows :
(a) The purchasing officer shall , on the basis of s pecifications prope rl y
s ubmitted and approved, advertise for and r ece ive sealed b -ls for the
public work or improvement and on clo sing of bidding s hall pe n
bids, tabulate sa me and prese nt the res ults with recomm end a tions
to the City Manage r .
-I -
..
)
I • 0
I
•
•
•
•
; ...... . .
• -..
COUNCIL COMMUNICATION
Date Agenda Item Subject
Bill for an o rdinan ce submitting to
July 16, 2001 10 a ix the regis tered electo rs o f the City
o f Eng lewo od a pro posed
amendmen t to Article X, Part IV,
Section 116 of Charter o f th e C ity
o f En glewood reg ardin g Capit al
I morovem ents .
Initiated By I Staff Source
Department of Finance and Administrative Servi ces Frank Grv11.le wi c z, Direc to r
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The Council has discussed this issue at a number of study sessi ons , including o ne held Mav 2 1, :200 1 w here
staff was directed to proceed with submitting this questi o n to the vo ters . A lso , City Co un ii pas se d
Ordinance 9, Series of 2001 changing th e purchasing limits for the Ci ty's ente rpri se funds .
RECOMMENDED ACTION
Staff recommends Council appro e the atta ched bill to r an o rdinan ce. Pla cing this issu e on the N ovem ber
6, 2001 ballot, and having it pass will lead to a m o re effi cie nt and effecti ve workplace.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City Charter c urrently requires competiti e biddin g o n all capital improvements in ex cess o f $:!0,000.
This requirement has not been adjusted in man yf!ars and is n o lo nger rele vant from a financial o r
o perational viewpoint. Competitive bidding at thi s leve l is in effi cie nt becaus e so much time is being sp ent
o n prepa rin g, reviewing, and awarding bids for relative lv small pro je ts. Th e ordinan ce under co nsid erati o n
p rovides for co mpetitive bidding in excess o f SS0,000 o r as presc rib ed b y o rdinan ce .
FINANCIAL IMPACT
Th is acti o n w ill no t ha ve a direc t financial impact on th e City o f En glew ood.
LIST OF ATTACHMENTS
Pr o p o sed bill fo r an ordinance
. '
I • 0
•
•
•
·' ..
• -'
(b) Council shall have final approval of the lowest and b est bid or a ll
bids must be rejected. When no satisfactory bids are received or for
other reasons deemed expedient to Council , co ntracts for public works
or improvements may be negotiated , provid e d that co ntracts for
which no competitive bids have been requested s hall be invalid
unless accepted by resolution which shall declare the reason for
exception to the competitive bidding require ment.
Yes No
Sectjon 2. Each elect.or voting at said election and de s irous of voting s hall indicate
his/her choice by depressing the appropriate counter of the voting machine or by the
appropriate marking upon paper ballots where used.
Section 3 The proper officials of the City of Englewood s hall give notice of said n ext
scheduled municipal election, such notice shall be published in the manne r and for the
length of time required by law, and the ballots cast at s uch e lectio n s hall be canvassed
and the result ascertained , determined, and certified as required by law .
Sectjon 4. Only if the question is approved by the re gi stered electors of the City of
Englewood shall the Section be amended and the Charter. as amended , ce rtified to the
Secretary of State.
Sectjon 5. For purposes of Section 1-11-203.5 , C.R.S ., thi s Ordinance s hall e rve
to set the title and content of the ballot issue set forth here in and the bal.lot titl e for
such question shall be the text of the question itself. Any petition to co ntest the form
or content of the ballot title may be filed with the District Court and a co py e n ·e d on
the City Clerk within five days after the title of the ballot quest10 n 1s se t. by the City
Council on final reading of this Ordinance.
Sectjgn 6. If any section, paragraph, clause , or other portion of this Ordina n ce 1s for
any reason held to be invalid or unenforceable, the invalidity or unenforce ability s h a l.l
not affect any of the remaining portions of this Ordinance.
Introduced, read in full, and passed on first reading on the 16th day of July , 2001.
Published as a Bill for an Ordinance on the 20th day of July, 2001.
Thomas J . Burns, Ma yo r
ATTEST:
Loucrishia A. Ellis , City Clerk
-2-
' '
~ . ,
I • 0
-
•
•
•
•
.. /, . .• ,. .. ..
• • ..
I , Loucrishia A. Ellis, City Clerk of t he City of E nglewood. Co lorad o, hereby ce r tify
t hat the above and foregoing is a true cop y of a Bill fo r a n Ordin a nce. introduced , r ead
in full , and passed on first reading on the 16t h d ay of J ul y, 2001.
Lo ucr ishi a A . E lli s
-3-
..:
~ ..
'
I • 0
X
]
•
j
•
• .. •' ... ...
• -'
BY AUTHORITY
ORDINANCE NO .
SERIES OF 2001
COUNCIL BILL NO . 46
INTRODUCED BY COUNCIL
MEMBER~~~~~~-
A BILL FOR
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL SUBGRANTEE AGREEMENT BETWEEN THE
ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF
ENGLEWOOD .
WHEREAS, the City Council approved the execution of an Intergovernmental
Agreement between the City of Englewood and Arapahoe County by passage of
Ordinance No . 39, Series of 1994 covering the City's participation in the Arapahoe
County C.D.B .G . Entitlement Program as extended by Amendment No . 2 , for funding
years 2001 through 2003 ; and
WHEREAS , the Englewood City Council passed Resolution No. 95 , Series of 2000,
supporting Housing and Community Development that authorized submitting a n
application for 2001 CDBG funding; and
WHEREAS, the project by the City of Englewood known as the ''Skerritt House
Foundation Project" has been categorized as a public facilities project; and
WHEREAS, the City of Enclewood may proceed to incur costs for this project upon
receiving an official "Notice to Proceed" from Arapahoe County;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT :
Sect,ion I. The Subgrantee Agreement for the 2001 Arapahoe County Community
Development Block Grant Program is attached hereto as Attachment l.
Sectjon 2. The Subgrantee Agreement for the 2001 Arapahoe County Community
Development Block Grant Program is hereby accepted and approved by the Englewood
City Council and the Mayor is authorized to execute and the City Clerk to attest and
seal the Agreement for and on behalf of the City of Englewood .
Sectjon 3. The City Manager shall be authorized to further extend the Subgrantee
Agreements for the 2001 Arapahoe County Community Development Block Grant
Program as needed.
Introduced, read in full , and passed on first reading on the 161b day of July, 2001.
-I -
•
'
•
)
I • 0
-
••
•
•
•
' . .. .. ,.
• -'
COUNCIL COMMUNICATION
Date Agenda Item
July 16, 2001 10 a X
INITIATED BY: STAFF SOURCE:
Communi Janet Grimmett. Housin Finance S ecialist
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council passed Ordinance No. 39, Series of 1994, that was extended b y Amendment o . :! dat ed
June 16, 2000 relating to participation in the Urban County Entitlement Program for CDBG and
HOME funds for 2001 through 2003 ; and, passage of Resolution No. 95, Series o f 2000 suppo rtin g
Housing and Community Development that authorized submitting applications for 2001 CDBG
funding.
RECOMMENDED ACTION
Approve a Bill for an Ordinance authorizing the execution of o ne Intergovernmental Subgrantee
Agreement for the 2001 Arapahoe County Community Dev elopment Block Grant Program
between the Arapahoe Board of County Commissioners and the City of Englewood .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Federal Community Development Block Grant (CDBG) Program provides grants to units of
local government and urban counties to meet housing and community development needs. The
objective of the Program is achieved through projects developed by the local government that are
designed to give priority to those activities that benefit low-and moderate-income families. Funds
are allocated by statutory formula to each entitlement area. Arapahoe County is an approved
entitlement area . The grant funds are distributed o n a formula basis to participating cities within
Arapahoe County.
For FY2001 , $40,000 is approved to support the Thomas Skerritt House Renovation Project .
FINANCIAL IMPACT
The existing employees in Community Development are available to administer the projects and
their salaries and benefits are part of the City's c ontribution . The City will utilize a portion of the
CDBG funding (est. $5 ,000) fr om the 2001 Housing Rehabilitation Project to partially offset the
costs of those salaries and benefits .
LIST OF ATTACHMENTS
Bill for an Ordinance.
• •
•
..
)
I • 0
J
•
•
•
•
I• ~-I .. ..
• -'
Published as a Bill for an Ordinance on the 20th day of July, 2001.
Thomas J. Burns, Mayor
ATTEST:
Loucrishia A . Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood. Colorado , hereby certify
that the above and foregoing is a true copy of a Bill for an Ordinance , introduced , read
in full, and passed on first reading on the 16th day of July , 2001.
Loucrishia A . Ellis
-2-
• J
'
'
I • 0
l
•
•
•
) . ..
•• -
SUBGRA..~TEEAGREEMENTFOR
2001 ARAPAHOE COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
SUBGRANTEE: CITY OF ENGLEWOOD
PROJECT NAME: SKERRITT HOUSE FOUNDATION
PROJECT NUMBER: 01 EN PF 123
..
lbis Agreement is made by and between the Board of County Commissioners of the County of Arapahoe,
State of Colorado, for the Community Development Block Grant Program in the Community Services
Department (hereinafter referred to as the County) and the City of Englewood (hereinafter referred to as the
SubGrantee) for the conduct of a Community Development Block Grant (CDBG) Project for Program Year
2001.
I. PURPOSE
The primary objective of Title I of the Housing and Community Development Act of 19 74. as amended.
and of the Community Development Block Grant (CDBG) Program under this Title is the development of
viable urban communities, by providing decent housing, a suitable living environment and expanding
economic opportunities, principally for low and moderate income persons .
The project by the City of Englewood !mown as the Skerritt House Foundation Project (Project) has been
categorized as a Public Facilities project and the SubGrantee will maintain documentation with the national
objective of Area Benefit activities .
The SubGrantee may proceed to incur costs for the Project upon receipt of an official "Notice to Proceed''
from the County.
II. WORK TO BE COMPLETED BY THE SUBGRAL"IJTEE
The following provisions outline the scope of the work to be completed :
The SubGrantee will utilize CDBG funding to renovate the Thomas Skerritt House, which has been
identified as a locally significant historic site . The overall purpose of the renovation is to prevent further
deterioration of the house, as well as to preserve the historic qualities of the home for the enjoyment of
future generations . It is the SubGrantee's intention to eventually seek state and/or national historic
designation of the site.
-.
A. Payment
It is expressly agreed and understood that the total amount to be paid by the County under this
contract shall not exceed 540,000.00. Drawdowns for the payment of eligible expenses shall be
made against the line item, budgets specified in Exhibit A and in accordance with performance
criteria established in Sc:ction U-C. The parties expressly recognize that the SubGrantee is to be
1
A
\..
t
a
C
h
m
e
n
t
l
)
I . 0
]
•
-.
•
•.
•• -
paid with CDBG funds received from the federal government, and that the obligation of the County
to make payment to SubGrantee is contingent upon receipt of such funds . In the event that said
funds, or any part thereof, are, or become, unavailable, then the County may immediately terminate
or amend this agreement. To the extent C.R.S . § 29-1-110 is applicable, any financial obligation of
the County to the SubGrantee beyond the current fiscal year is also contingent upon adequate funds
being appropriated, budgeted and otherwise available.
8. Timelioe
All Project activities will be completed by May 31, 2002 unless this Agreement is modified by
mutual agreement of the County and SubGrantee.
C. Performance Criteria
In accordance with the funding application submitted by the SubGrantee for the Project , the criteri a
listed below are to be met during the execution of the Project.
1. Quantifiable Goals :
The SubGrantee will perform repairs and impro\'ements to the foundation of the
Thomas Skerrin House (located at 2560 South Bannock Street, Englewood). Ali
improvements are to be completed in compliance with any locally applicable codes and
standards. and in a manner which retains the historic integrity of the building.
Following completion of the Project. the SubGrantee is to commence other necessary
building and site renovations within one calendar year. Such renovations may include
(but not necessarily be limited to ): roof and chi mney repair. siding and doors, trim,
painting, and fascia.
After all building and site renovations have been co mpleted (including those not funded
under this Agreement), the SubGrantee shall uuiize the building as the focus point for a
historic educational park. This usage is to continue for a period of no less than five
calendar years from the date on which ail building and site renovations are completed.
Should the SubGrantee discontinue the intended usage at an y time during the five year
usage period, the SubGrantee shall return CDBG funds to the County at the rate of
$8,000.00 per year for each complete or partial year remaining in the usage period .
2. Community Impact :
By completing the project, the SubGrantee will decrease the loss oflocally historic sites
by 25%.
The SubGrantee will maintain written records documenting the Project 's community
impact for a period of five years following completion of the Project and any required
usage period. This information is to be made av ailable (upon request) to Arapahoe
2
•
,-:
.
)
I • 0
-
••
•
-•
•
..
•• -
County or the U .S . Departtnent of Housing and Urban Development for monitoring
purposes.
3. Project Milestones:
September 30, 2001:
December 3 1, 2001 :
March 31, 2002 :
May 31 , 2002 :
D. Reporting Requirements
Complete project design
Issue bid docwnents
Select contractor
Execute construction docwnents
Begin project construction
Complete construction
Submit final drawdown and completion report to County
1. Each SubGrantee Drawdown Request will include progress reports for the period for
which payment is being requested .
2. Project repons will be due within 30 days following the end of each calendar year
quaner (March 31, June 30, September 30 , December 31) until the Project is completed.
3. Toe official annual audit and/or Financial Statements for the SubGrantee in which both
revenues and expenditures for the CDBG Projects described herein are detailed are due
annually.
E. Labor Standards (Davis-Bacon)
It is determined that:
This project includes activities requiring compliance with federal labor standards. SubGrantee is to
contact Arapahoe County Housing and Community Development Services Division staff for
information regarding federal labor standards compliance prior to bidding the Project. SubGrantee
shall comply with all applicable federal labor standards .
F. Environmental Review
Environmental review will be completed by Arapahoe County staff in order to determine whether
further action is necessary. The SubGrantee will not commit or expend any Project funds prior to
the completion of the required environmental review process and receipt of any necessary Release
ofFunds from the t.:.S . Department of Housing and Urban Development.
G. Uniform Relocation Act (URA)
3
)
I • 0
•
•
•
..
• -
Project activities do not require compliance with the Uniform Relocation Act.
ill. RESPONSIBILITIES OF THE SUBGIUJ."ITEE
-.
A. Federal Compliance
The SubGrantee shall comply with all applicable federal laws, regulations and requirements, and all
provisions of the grant agreements received from the U .S . Department of Housing and Urban
Development (HUD) by the County. These include but are not limited to compliance with the
provisions of the Housing and Community Development Act of 1974 and all rules, regulations,
guidelines and circulars promulgated by the various federal departments, agencies, administrations
and commissions relating to the CDBG Program . A listing of some of the applicable laws and
regulations are as follows :
I. 24 CFR Part 570;
2. 24 CFR Parts 84 and 85 ;
3 . Title VI of the Civil Rights Act of 1964;
4. Title VIII of the Ci vii Rights Act of 1968 ;
5. Sections 104(b) and 109 of the Housing and Community Development Act of 19 7*;
6 . Fair housing regulations established in the Fair Housing Act, Public Law 90-28*, and
Executive Order 11063 ;
7. Section 504 of the Rehabilitation Act of 19 73 ;
8. Asbestos guidelines established in CPD Notice 90-44; )
9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39 ;
10 . Equal employment opportunity and minority business enterprise regulations established
in 24 CFR part 570.904;
11 . Section 3 of the Housing and Urban Development Act of 1968 ;
12 . Non-discrimination in employment, established by Executive Order 11 246 ;
13 . Lead Based paint regulations established in 24 CFR Parts 35 and 5 70.608 ;
14 . Audit requirements established in 0MB Circular A-133 ; and
15 . Cost principles established in 0MB Circulars A-8 7 and A-122 .
Additionally, in accordance with 24 CFR Part 5 70 . no employee, official. agent or consultant of the
SubGrantee shall exercise any function or responsibility in which a conflict of interest, real or
apparent, would arise. The SubGrantee cannot engage in a federally funded contract with any
enti ty registered in the Lists of Parties Excluded From Federal Procurement or Nonprocurement
Programs .
B. Non-Appropriations Clause
The SubGrantee agrees that it will include in every contract it enters, which relies upon CDBG
mo nies fo r funding , a non-appropriation clause th at wi ll protect itself and the County from any
liability or responsibility or any suit which might result from the discontinuance of CDBG funding
for any reason . Because this SubGrantee Agreement invo lves funds from a federal grant, to the
extent there is a conflict the funding pro vi sions of this SubGrantee Agreement, the federal grant and
4
'
I . 0
•
•
-.
•
• •
the federal statutes control rather than the provisions of Section 24-91-103 .6 , C.R.S. with regard to
an y public work projects .
C. Expenditure Restrictions
All CDBG funds that are approved by Hl,1) for expenditure under the County's grant agreement,
including those that are identified for the SubGrantee's Projects and activities , shall be allocated to
the specific projects and activities described and listed in the grant agreements . The allocated funds
shall be used and expended only for the projects and activities for which the funds are identified.
D. Agreement Changes
No projects or activities, nor the amount allocated therefor. may be changed without approval by
the County and acceptance of the revised Final Statement and/or Consolidated Plan by HUD , if
required. Changes must be requested in writing and may not begin until a modification to this
Agreement is fully executed.
E. Direct Project Supervision and Administration
The SubGrantee shall be responsible for the direct supervision and administration of its respecti ve
projects or activities . This task shall be accomplished through the use of the SubGrantee's staff.
agency and employees. The SubGrantee shall be responsible for any injury to persons or damage to
property resulting from the negligent acts or errors and omissions of its staff, agents and employees .
Because the SubGr:mtee is responsible for the direct supervision and administration of its projects
or activities, the County shall not be liable or responsible for cost overruns by the SubGrantee on
any projects or activities . The County shall have no duty or obligation to provide any additional
funding to the SubGrantee if its projects or activities cannot be completed with the funds allocated
by the County to the SubGr:mtee. Any cost overruns shall be the sole responsibility of the
SubGrantee.
F.
l . The SubGrantee agrees that all funds allocated to it for approved projects or activities
shall be used solely for the purposes approved by the County. Said funds shall not be
used for any non-approved purposes.
2. The SubGr:mtee agrees that the funds allocJted for any approved projects or activities
shall be sufficient to complete said projects or activities without any additional CDBG
funding .
Indemnity
To the extent allowed by law , the SubGrantee shall indemnify and hold harmless the County and its
elected and appointed officials, officers, employees and agents from and against any and all losses .
damages , liabilities, claims, suits , actions or costs, including attorneys fees , made, asserted or
incurred as a result of any damage or alleged damage to person or property occasioned by the acts
or omissions of SubGrantee, its officers, employees, agents. contractors or subcontractors, arising
out of or in an y way coMected with the Project or the penormance of this contract.
5
•
I • 0
] e:=-,
•
•
-•
•
• -..
G. Bonding and Insurance
If the SubGrantec's projects involve construction activities, any Contractor it uses for said activities
shall be required to provide and maintain, until final acceptance by the SubGrantee of all work by
such Conttactor, the kinds and minimum amounts of insurance as follows:
1. Comprehensive General Liability: In the amount ofnot less than S 1,000,000 combined
single limit. Coverage to include:
a. Premises Operations
b. Products/Completed Operations
c . Broad Form Contractual Liability
d . Independent Contractors
e. Broad Form Property Damage
f. Employees as Additional Insured
g. Personal Injury
h. Arapahoe County and the SubGrantee as Additional :-famed Insured
1. Waiver of Subrogation
2. Comprehensive Automobile Liability : In the amount of not less than Sl,000,000
combined single limit for bodily injury and property damage . Coverage to include:
a. Arapahoe County and the SubGrantee as additional Named Insured
b. Waiver of Subrogation
3. Employers Liability and Workers Compensation : The Contractor shall secure and
maintain employer's liability and Worker's Compensation Insurance that will protect
it against any and all claims resulting from injuries to and death of workers engaged
in work under any contract funded pursuant to this agreement. Coverage to include
Waiver of Subrogation.
4. All referenced insurance policies and/or certificates of insurance shall be subject to
the following stipulations :
a.
b .
Underwriters shall have no rights of recovery subrogation against Arapahoe
County or the SubGrantee; it being the intent of the parties that the insurance
policies so effected shall protect the parties and be primary coverage for any
and all losses covered by the described insurance .
The clause entitled "Other Insurance Provisions" contained in any policy
including Ar.lpahoe County as an additional named insured shall not appl y
to Arapahoe County or the SubGrantee .
6
I • 0
•
•
•
•
, .... ..
• •
c. The insurance companies issuing the policy or policies shall have no
recourse against Arapahoe County or the SubGrantee for payment of any
premiums due or for any assessments under any form of any policy.
d. Any and all deductibles contained in any insurance policy shall be assumed
by and at the sole risk of the Contractor.
5 . Certificate of Insurance: The Contractor shall not commence work under any
contract funded pursuant to this Agreement until he has submitted to the
SubGrantee, received approval thereof, certificates of insurance showing that he has
complied with the foregoing insurance requirements. The SubGrantee shall also
submit a copy of the Contractor's certificates of insurance to the County.
6 . Notwithstanding the provisions contained in this paragraph (H) set forth
hereinabove, the County reserves the right to modify or wai ve said provisions for
projects or activities for which these provisions would prove prohibitive . The
SubGrantee understands. however, that the decision to wai ve or modi fy those
provisions is fully within the discretion of the County.
In accordance with 24 CFR parts 84 and 85 , the following bonding requirements shall appl y to all
projects exceeding the simplified acquisition threshold :
1.
2.
3 .
A bid guarantee from e:ich bidder equi valent to 5% o f the bi d pri ce:
A performance bond on the part of the contractor for 100% of the contract price; and
A payment bond on the part of the contractor for 100°1, o f th e contract price .
H. Records
The SubGrantee shall maintain a complete set of books and records documenting its use of CDBG
funds and its supervision and administration of the Project. Records are to includ e documentation
verifying Project eligibility and national objective compliance. as well as financ ial and other
administrative aspects involved in performing the Project . The SubGrantee shall provide full
access to these books and records to the County, the Secretary of HlJD or his designee, the Office
of Inspector General , and the General Accounting Office so that compliance with Federal laws and
regulations may be confirmed. The SubGrantee funher agrees to pro vi de to the County upon
request, a copy of any audit reports penaining to the SubGrantee's financial operations during the
term of this Agreement. All records penaining to the Project are to be maintained for a minimum
of fi ve years following close-out of the Project.
I. Reporting
The SubGrantee shall file all repons and other information necessary to comply with applicable
Federal laws and regulations as required by the County and HLU. This shall include pro viding to
the County the information necessary to complete annual Performance Repons in a timely fashion.
J. Timeliness
7
•
. '
...
)
I • 0
.,
•
•
• . .
• -...
The SubGrantee has submitted to the County, along with its proposal, a description of the work to
be performed, a budget, and a timetable delineating the length of time needed for each Project
phase, if applicable, through the completion of the projects. The SubGrantee shall comply with
timetable for completion of the projects. The SubGrantee understands that failure to comply with
the timetable may lead to a cancellation of the Project and a Joss of all unexpended funds, unless the
County determines that there are extenuating circumstances beyond the SubGrantee's control and
that the projects will be completed within a reasonable length of time. The timetable's
implementation shall begin when the County provides written notification to the SubGrantee to
proceed.
K. Reimbunement for Expenses
The SubGrantee agrees that before the County can distribute any CDBG funds to it, the SubGrantee
must submit to the County's Housing and Community Development Services Division
documentation in the form required by that Division which properly and fully identifies the amount
which the SubGrantee is requesting at that time. The County shall have ten (10) working days to
review the request. Upon approval of the request, the County will distribute the requested funds to
the SubGrantee as soon as possible .
L. Program Income
All program income directly derived from the Arapahoe County Conununity Development Block
Grant Program received by the SubGrantee will be retained by the SubGrantee and will be
dispe~ed for its approved CDBG Project activities before additional CDBG funds are requested
from the County . Following completion of the SubGrantee's Arapahoe County CDBG Projects, all
program income directly generated from the use ofCDBG funds will be remitted to the County .
M. Asset Management
Any single parcel of real property under the SubGrantee's control that was acquired or improved in
whole or in part with CDBG funds in excess ofS25,000 will either:
I . Be used for an eligible CDBG activity, as determined by the County. for a minimum
of five (5) year.; following completion of the SubGrantee's projects ;
QR
2 . Be disposed of in a manner that results in the County's being reimbursed in the
amount of the current fair market value of the property less any portion of the value
attributable to expenditures ofnon-CDBG funds for acquisition of, or improvements
to, the property . Reimbursement is not required after five (5) yem following
completion of the SubGrantee's projects.
N. State and County Law Compliance
All responsibilities of the SubGrantee enumerated herein shall be subject to applicable State
statutes and County ordinances, resolutions, rules, and regulations .
8
•
. ,
I . 0
•
•
-•
•
...
• -
O. Environmental Review
The SubGrantee agrees that no CDBG funds will be legally obligated to any Project activity before
the County has completed federal )',j"EP A environmental review procedures, as required by 24 CFR
Part 58.
P. Subcontracts
If subcontracts arc used on the Project, the SubGrantee agrees that the provisions of this Agreement
shall apply to any subcontract.
Q. Suspension or Termination
This Agreement may be suspended or terminated by the County if the SubGrantee materially fails
to comply with any term of this Agreement. This Agreement may also be terminated for
convenience by mutual agreement of the County and the SubGrantee.
R. In the event that the Unit of General Local Government should withdraw from the County's
"Urban County" designation, this Agreement shall terminate as of the termination date of the
County's CDBG grant Agreement with Hl:D.
S. The SubGrantee certifies that to the best of its knowledge and belief:
I. No Federal appropriated funds have been paid or will be paid, by or on behalf of it.
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan. the
entering into of any cooperative agreement, and the extension. continuation,
renewal, amendment. or modification of any Federal contract, grant, loan. or
cooperative agreement; and,
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, it will complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
T. Disallowance
If it is determined by HUD or other federal agency that the expenditure. in whole or in part, for the
SubGrantee's Project or activity was improper. inappropriate or ineligible for reimbursement, then
the SubGrantee shall reimburse the County to the full extent of the disallowance.
9
•
..
I • 0
-
>
•
• .. f .. .. .. .. . , . .,
• • ~
IV. RESPONSIBILITIES OF THE COUNTY
A. Administrative Control
The Parties recognize and understand that the County will be the govermnental entity required to
execute all grant agreements received from HUD pursuant to the County's requests for CDBG
funds. Accordingly, the SubGrantee agrees that as to its projects or activities performed or
conducted under any CDBG agreement, the County shall have the necessary administrative control
required to meet HUD requirements.
B. Performance and Compliance Monitoring
The County's administrative obligations to the SubGrantee pursuant to paragraph A above shall be
limited to the performance of the administrative tasks necessary to make CDBG funds available to
the SubGrantee and to provide a Monitoring Specialist whose job it will be to monitor the various
projects funded with CDBG monies to monitor compliance with applicable Federal laws and
regulations.
C. Reporting to HUD
The County will be responsible for seeing that all necessary reports and information required of the
County are filed with HUD and other applicable Federal agencies in a timely fashion.
V. EXTENT OF THE AGREEMENT
This agreement, including any documents attached as exhibits which are hereby incorporated herein
by reference, represents the entire and integrated agreement between the County and SubGrantee
and supercedes all prior negotiations, representations or agreements, either written or oral . Any
amendments to this agreement must be in writing and signed by both the County and SubGrantee.
lf any portion of this agreement is found by a court of competent jurisdiction to be void and/or
unenforceable, it is the intent of the parties that the remaining portions of this agreement shall be of
full force and effect .
10
... '
~ ..
•
I· 0
-
•
•
• .. ..
• -'
In Wimcss Whereof, the Parties have -caused this Agreement to be duly executed this -----day
of ____________ __,2001.
SubGrantec :.~--~C"jty~o~(~E~o.sl~s:w:~ood:x...-----~
By: ______________ _
Title:~---------~------~
•
Board of County Commissioners
Arapahoe County , Colorado
Justin A. Hamel on behalf of the Board of County Conunissioncrs
Pursuant to Resolution 01-0132
11
)
I. 0
-
COLUMN A
PrtojeeAalollill ,.....,.., ....... ,
C-,ion: FoundlDml repur
and~t
TOTAL:
•
•
•
• •
EXIDBIT A
PROJECT BUDGET
COLUMNB COLUMNC
~TotalCoator CDIGFulldl
Activily
S8S .OOO $40.000
S&S.000 $40.000
••
,.
..
. I
. ' .
0
COLUMND
OIiier Fullcb Commi-
S4 S,000
0
I s.as .ooo
I. 0
32
J
•
•
•
..
• -..
BY AUTHORITY
ORDINANCE NO._
SERIE OF 1999
C U :'( IL BILL :'(0 . -1
l:'(TRODL:CED BY ou;-..;crL
~IE1\1BER GARRETT
AN ORDINANCE APPROVJNG Sl'PPLEME:--JT NO . 150 TO THE SO 'THGATE
SA~TAT!ON DISTRI CT CONNECTOR 'S AGREEMENT FOR THE l!\'CLU. 10"1 OF
LAND WITHIN THE DISTRI CT BO 'C'/DARlES .
WHEREAS, Southgate Sanitation Di stri ct r ecomme nd s th e inclusion of
approximate ly 2.5 acres into the Di tnct: a nd
WHEREAS, said inclusion is located west of Colorado Boul evard and so uth of
Belleview Ave . in Greenwood Village : a nd
WHEREAS, the zoning of this property in Gree nw ood Village is for a ingl e -fa muy
residence and the proposed use is to r e main the same: and
WHEREAS , said annexation of this additiona l parcel of land will not in crease the
tap allocation to the Southgate Sanitation Di strict; and
WHEREAS , the Englewood Water and Sewe r Boa rd r ecommended approval of
Supplement tl:o . 150 t o the Southgate Sanitation Di stri ct at its Jun J 2 , :200 I
m eeting ;
NOW , THEREFORE , BE IT ORDAJ:'(ED BY THE C ITY COL'1'C I L OF THE !TY OF
ENGLEWOOD , OLORAD . AS FOLLOW :
Sectjon 1. The Agreeme nt between the City of Englewood and Southgate
Sanitation D1str1ct entJt.led ·'S u pplemen t No . 150, to Co nnecto r 's Agreeme n t", whi ch
includes approximately 2.5 acres located m Gr ee nw ood Village we st of Colorado
Bo ulevard a nd south of BelleV1e w, i he reby accepted a nd app r oved by t he Englewood
City Co uncil. A co py of said Agr eeme n t i attached he r eto as "Exhibit l " a nd
incorporated he r ei n by refe r ence .
Sectjo n 2. The Mayor a nd City Clerk a r e her e by authorized to sign a nd attest,
r espectively , the said Agreemen t fo r a nd on beh a lf of t h e City Council a nd t he City of
Englewood, Co lorado.
Introduce d , r ead in full , and pa s d on fir st reading on the 2nd day of July, 2001.
-1-
10 bi
)
I • 0
-
•
•
' ; .. ... ~ .. ""' • -...
Published as a Bill for an Ordinance on the 6th day of July, 2001.
Read by title and passed on final reading on the 16th day of July, 2001.
• Published by title as Ordinance No._, Series of 2001 , on the 20th day of July, 2001.
ATIEST: Thoma s J . Burns , Mayor
Loucrishia A. Ellis , City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Co lorado , h e reby certify
that the above and foregoing is a true copy of t he Ordinance passed on final reading
and published by title as Ordinance No ._, Series of 2001.
Loucrishia A. Ellis
-2-
,.
' ~ ":
~ .. .
' •
•
I • 0
•
•
•
•
. . ... ..
• • '
SUPPLEMENT NO • .LS:Q... TO CONNECTOR'S AGREEMENT
THIS AGREEMENT, made and entered into by and between the CITY OF
ENGLEWOOD , acting by and through ,ts duly authorized Mayor and City Clerk. hereinafter
called the "City," and SOUTHGATE SANITATION DISTRICT, Arapahoe and Douglas
Counties. Colorado. hereinafter called the "District,"
WITNESSETH:
WHEREAS, on the 20th day of June . 1961 . the City and the District entered
into an Agreement in which the City agreed to treat sewage ori ginating from the D,stnct's
sanitary sewer system within the area served by the Oistnct . wh ich Agreement was most
recently renewed by Connector's Agreement dated November 16 . 1988; and
WHEREAS, said Connector's Agreement prov ides that the distri ct may net
enlarge its service area without the written consent of the City ;
NOW, THEREFORE. in cons ideratr on of the mutual covenants and
undertakings herein set forth. the parties agree as fo1lows :
1. The C ity hereby consents to the :nclus:cn of certain additional area
lccated ,n Arapahoe County . Colorado. owned by The Richard Lee Simon Trust and more
fu lly descnbed on E..~h1b1t A attac:,ed he reto and ,nccrpo ra ted herein by re ference . into
Southgate San itat ion D1s tnct . The C,ty agrees that sa id adciticna l area ma y be served with
the sewer faolities of the D,stnct . and that th e City will :rea t th e sewage disc:iaq;ed ,mo the
City's tru nk li ne from said additional area. all ,n a=rc:ar ce with :h e Ccnnec!or's Agreement
dated November 16. 1988 Accord ing ly Exn,b,i A referr ed to ,n Paragrac h 1 of the
Connector's Agreement dated Novembe r 16 , 198 8 . 1s hereo y amended to inclu de sue:.
add itional area .
2. Each and every other prcvis1c n of t~.e sa id Connec!or's Agreeme nt
da ted No vember 16 . 1988 . shall remain unc:,ang~
IN WITNESS WHEREOF, th e ;,art1es ~ave se t their hands and sea ls this
__ day of __ . 200_.
ATIEST.
CITY CLERK
(SEAL)
ATIEST.
. .,f ,..._.t,./ J l.',7-
SECRETARY
(SEAL )
CITY OF ENGLEWOOD
MAYOR
SOUTHGATE SANITATION DISTRICT,
ARAPAHOE AND DOUGLAS COUNTIES,
COLORADO
By · l '· r.r~~J::r
PRESIDENT
•
E
X
h
i
b
i
t
1
.
. ' .
I • 0
xi
-
•
•
) 6-· .. , .. ·~ ..
• -
EXHIBIT A
(Legal Description}
Lot2
Sierra Vista
County of Arapahoe
State of Colorado
.,
,. .. ..
' ..
'
I . 0
•
]-
• • -
I . 0
-
•
•
•
•
,, ,. .... .. •·r
" • -
Southgate Sanitation District April 16. 200 I
Gentlemen:
Enclosed is my application for inclusion in the Southpte Sanitation District .
The property is a 2.5 acre parcel of land improved '.\ith a single-family residence
constructed in 1970. identified as 3749 Garden Ave .. Greenwood Vilage. CO.
..
The property is zoned for single-fiunily reside:ices with a minirnun lot size of 1 .5 acres .
There are no plans to make any changes to the existing use .
I will require service sufficient for the existing described property.
Also enclosed are all of the other materials required for submission for inclusion in the
District and my check for $375 . representing the Applic:n ion fee .
If you require an:i,1hing further, please let me know .
Verv Trulv Yours.
~#:~~~0
Richard Lee Simon
Richard Lee Simon Trust
3749 Garden Ave.
Greenwood Village. CO. 80111
303-850-9330
•
'
,;
~
'I
'
A
I· 0
-
•
•
•
)•:, .
~ ... .. ...
• • ~
·------
. -~i"-:'" •: ~5
GILLAN'S ENGINEERING, L1'1C.
11471 TWfflllilra °'"'9, Suill 2DII • ......,.. ... C:0 IIXl:lll • cm;II QI.I T.11
IMPROVEMENT LOCATION CERTIFICAT~
Addreee :
aorr-r(•1:
T;t1• •••rch by:
COllllltt .. nt nn. :
37.,1 I UIIDEN Ui
IJlll:lfol
LAI«) TITLE CIUA~NTII CO
Lttal D•acr1ption: ,e~ CLil~T
LOT I
lllflltlA VIITA
COUNTY OF MIAPANOI
ITATI OF COLO"AQO
TOGETHIR WITH A NON•E~CLU.JVE P!APITUAL EAIIMENT FCA ING~ESI iNO
IGll'IIS ON AND ACfll08S TH! llfllI~ATa ~OAD IASIMINT ON TMi WISTf~IY S
FIIT 0/1 LOT 5, AND THE IAITl~LY 8 'EIT OF LOT I, SIERRA VJS:A. AS
IMOWN ON TH! ftlCOAC!O Pl.AT, COUNTY OIi A~APAMCI. l~AT& OF
COLJIIADO •
Ma,_, ____ _..,....., IP MP'!' '---•ICll1wft __ __, 1•--••-IUD,_.... ,...._.._, ...
...... ••-~·•• .... .-.. eee,,s CiP!9 H .:r-... .xc:... __ _
0.111--... --..-...... ,..,_. •• ...,.__ .. CIIII ___ ,~
··-.... •cca, ._,..A4C &11n I.AMC TITLE GUARANT!E CO
~·
..
~ ..
• I
•
0
I . 0
ORDINANCE NO._
SERIES OF 2001
,~.'.
•
• -
BY A THORITY
'
CO '.'\C lL BILL NO. 35
INTROD UC ED BY CO NCIL
l\'IEMBER WOLOSYN
AN ORDINANCE AUTHORIZING AX INTERGOVERNME~TAL AGREEMENT
BETWEEN THE CITY OF ENGLEWOOD A~D THE TATE OF COLORADO FOR
THE TRANSFER OF THREE STATE HI GHWAY PATROL VEHICLES TO BURT
AUTOMOTIVE.
WHEREAS . Burt Automotive so ld vehicl es t o the Colora do Highway Patrol through
a state bid ; and
WHEREAS , the Colorado Highw ay Pa trol r eceived a very farnrable r ate as well as
exceptional service from Burt Automotive : a nd
WHEREAS , Burt Automotive has bee n a n outstanding co rp orate citize n in the City
of Englewood ; and
WHEREAS , Burt Automotive provi des many se rvic es to the Englewood Safety
Services Department as well as other benefits to the City as a whol e ; and
WHEREAS , the Colorado Highway Patrol has three Colorado Highway Patr ol
vehicles that Burt Automotive would lik e to repurchase for security vehicles on its
property; and
WHEREAS . the Colorado Highway Patrol I prohibited from returning these
vehicles to Burt Automotive ; and
WHEREAS, the Colorado Highway Patrol may se ll these vehicles to the City of
Englewood, and the City of Englewood wishes to purcha se these vehicles from the
Colorado Highway Patrol on behalf of Burt Automotive; and
WHEREAS , Burt Automotive will pay fair market value; and
WHEREAS this will be a flow-through transaction from the Colorado Highway
Patrol to the City of Englewood to Burt Automotive as an exception to City·s bidding
process as a n accommodation to both the Co lorado State Patrol and t o Burt
Automotive.
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF'
ENGLEWOOD, COLORADO , AS FOLLOWS :
Sectjon l. City Council hereby approves the Intergove rnmental Agreement
transferring the three Colorado State Patrol vehicles to the City of Englewoo d for and
on behalf of Burt Automotive, a copy of whi ch Agreement i a ttached he reto a nd
incorporated herein by reference.
-I -
' .
'r
10 b ii
I • 0
-
•
•
•
, ..... .. .. .. . .. · \.
• -'
Sectjon 2. The Director of Safety Service s is authorized to sign said Agreement for
and on behalf of the City of Englewood .
Introduced, read in full , and passed on fir treading on the 2nd day of July, 2001.
Published as a Bill for an Ordinance on the 6 1h day of July, 2001.
Read by title and passed on final reading on the 16th day of July, 2001.
Published by title as Ordinance No .~ Series of 2001 , on the 20th day of July,
2001.
Thomas J. Burns, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final r eading
and published by title as Ordinance No._, Series of 2001.
Loucrishia A. Ellis
-2-
..
'\ '
I • 0
32
•
•
..
.... -·· . . --...
THIS AGREK\lE:S.:T is made t hi s __ day of 2 001. by and
between the CITY OF E:S.:GLEWOOD , CO LORAD O , a :\lurucipal Corporati on. 100
Englewood P arkway . Englewood. Colorado 0110 ("heremaf er called the ""Ct y ""), and the
CO LORADO STATE PATROL, 70 0 Kipling Street, #3000. Dem·er. Colo rado 0215 .
WHEREAS , Burt Autom otive sold vehicles to the Colo r ado State Patrol tlu·o ugh a
state b id; and
\VHEREAS, the Colorado State P atrol r ece ived a ve ry favorable r ate as we ll as
e xce ption al sen ice from Burt Automotive; and
WHEREAS , Burt . .\utomotive provides many services to the Englew ood Safety
Services Departm e nt as we ll as other benefits to t he City as a whole; and
WHEREAS, the Colorado S tate P atrol has three Colorado State P atrol vehicl es that
Burt Autom ot ive would like to r ep urchase for security vehicles on its proper ty; a n d
WHEREAS , the Colorado State P atrol is prohibited from returning these vehicles t o
B urt Automotive ; and
WHEREAS , the Colorado State P atrol m ay s II these ve lucles t v the City of
Englewood , and the City of Engle wood w ishes to purc hase these vehicles fr om the Colorado
State P a trol on behalf of Burt Au to m oti ·e; and
WHEREAS, Burt Automotive w ul pay fair mar ket value ; and
WHE REAS , this will be a fl ow -through transaction from the Color ado tate Patrol t o
the City of Englewood to Burt Autom otive as a n exception to City' btddmg proces as an
accommodation t o both t h e Colo rado State Patr ol a n d to Burt Autom on ve.
NOW THEREFORE , it is hereby agreed that:
The City of Englewood shall purchase the verucles fro m t h e Co lo r ado State P atrol
at fair m a r ket value .
SIG:-JE D the ___ day of ____ ~ 2001.
C ITY OF E:-JG LEWOO D , CO LORADO
By _____________ _
Thoma J. Burns , :\layo r
ATTEST:
Lo ucr1shia A . Ellis . City Clerk
I • 0
-
,
•
•
•
..
• •
COLOR.-\DO ST . .\TE P.-\TROL
By ______________ _
Chief Lo nru e J . Westphal
700 Kip li n g Street. =3000
De nver. CO 0!?15
-2·
-~-
•·
,.
I • 0
X
]-
•
RESOLUTION NO._
SERIES OF 2001
•
•• -
..
..
A RESOLUTION AUTHORIZING THE COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE ENGLEWOOD EMPLOYEES ASSOCIATION AND THE CITY OF
ENGLEWOOD FOR THE PERIOD OF JANUARY 1, 2002 THROUGH DECEMBER 31.
2003.
WHEREAS, the City Council of the City of Englewood authorized "The Collective
Bargaining Agreement" with the Englewood Employees Association for January 1, 2001
through December 31 , 2001 , by the passage of Resolution 51 , Series 2000 ; and
WHEREAS , the City of Englewood and the Englewood Employees Association entered
into negotiations in May , 2001 in accordance with the Englewood City Home Rule Charter;
and
WHEREAS, the elected representatives of the Englewood Employees Association duly
ratified the Collective Bargaining Agreement; and
WHEREAS, the passage of this Resolution will authorize the provisions of the "Collective
Bargaining Agreement" between the Englewood Employees Association and the City of
Englewood for the years 2002 and 2003, and
WHEREAS, significant changes to the Contract include the following : (1) Employees
covered by the Contract will receive a four percent (4.0%) increase on the base wage rate
effective January 1, 2002. (2) Employees covered by this Contract will observe Martin
Luther King Day as a City holiday in lieu of New Year's Eve Day ;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS :
Section 1. The City Council of the City of Englewood, Colorado hereby approves the
Collective Bargaining Agreement between the Englewood Employees Association and the
City of Englewood for the period of January 1, 2002 through December 31, 2003 , attached
hereto as Exhibit A .
,.
·· .
)
I • 0
32
-
•
•
•
• -...
COUNCIL COMMUNICATION
Date Agenda Item Subject
Collective Bargaining
July 16, 2001 10 Ci Agreement Between the City and
the EEA for 2002 and 2003
Initiated By Staff Source
Human Resources Department I Sue Eaton , Director of Human Res ou rces
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The previous Collective Bargaining Agreement with the Englewood Emplo ye es Association was
approved by Council for 2000 and 2001.
RECOMMENDED ACTION
Staff requests Council approval by resolution of the Collective Bargaining Agreement between the
Englewood Employees Association and the City of Englewood for 2002 and 2003. The con tract
covers approximately 232 employees .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood and the Englewood Employees Association entered into negotiations in May
of 2001 in accordance with the City of Englewood Charter. The members of the Englewood
Employees Association duly ratified, through their elected representatives, the Collective Bargaining
Agreement.
Significant changes to the contract include the following :
1. Under Article 9, Compensation , employees covered by the Contract will receive a four percent
(4.0%) increase on the 2001 base wage rate effective January 1. 2002. Wages for 2003 will be
negotiated in 2002 .
2. Under Article 18, Holidays, Martin Luther King Da y was added as an official City holiday, and
New Years Eve Da y was deleted .
3. Articles 22 and 23 were combined under one Article 22, Insurance .
4. Article 23 was renamed Retiree Health Insurance.
5. Article 24 was renamed Pension /Retirement Plans.
FINANCIAL IMPACT
The impact of the increase on wages, and benefits impacted by wages, is approximately $35 7,176
for 2002 .
LIST OF A IT ACHMENTS:
Collective Bargaining Agreement Between the City of Englewood and the Englewood Employees
Association, January 1, 2001 -December 31 , 2003 .
,.
. ,
)
I • 0
xi
-
•
•
•
•
i.~:. ... ...
• -
COUNCIL COMMUNICATION
Date
July 16, 2001
Initiated By
Human Resources Department
Agenda Item
10 Ci
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Subject
Collective Bargaining
Agreement Between the City and
the EEA for 2002 and 2003
Staff Source
Sue Eaton , Director of Human Reso urces
The previo us Collective Bargaining Agreement with the Englewood Emplo ye es Association was
approved by Council for 2000 and 2001.
RECOMMENDED ACTION
Staff requests Council approval by resolution of the Collective Bargaining Agreement between th e
Englewood Emplo yees Association and the City of Englewood for 2002 and 2003 . Th e con tract
covers approximately 232 employees.
BACkGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood and the Englewood Employees Association entered into negotiations in Mav
of 2001 in accordance with the City of Englewood Charter. The members of the Englewood
Employees Association duly ratified, through their elected representatives, the Collective Bargaining
Agreement.
Significant changes to the contract include the following :
1. Under Article 9, Compensation , employees covered by the Contract will receive a four percent
(4.0%) increase on the 2001 base wage rate effective January 1, 2002 . Wages for 2003 will be
negotiated in 2002.
2. Under Article 18, Holidays, Martin Luther King Day was added as an official City holiday, and
New Years Eve Day was deleted.
3. Articles 22 and 23 were combined under one Article 22, Insurance .
4. Article 23 was renamed Retiree Health Insurance.
5. Article 24 was renamed Pension /Retirement Plans.
FINANCIAL IMPACT
The impact of the increase on wages , and benefits impacted by wages, is approximately $357,176
for 2002.
LIST OF ATTACHMENTS:
Collective Bargaining Agreement Between the City of Englewood and the Englewood Employees
Association , January 1, 2001 -December 31 , 2003 .
•
..
. ' .
)
I • 0
2
-
•
RESOLUTION NO._
SERIES OF 2001
··,J..,. . , ...
' .".'a.:
•
..
• -..
A RESOLUTION AUTHORIZING THE COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE ENGLEWOOD EMPLOYEES ASSOCIATION AND THE CITY OF
ENGLEWOOD FOR THE PERIOD OF JANUARY I , 2002 THROUGH DECEMBER 31,
2003 .
WHEREAS . the City Council of the City of Englewood authorized "The Collective
Bargaining Agreement" with the Englewood Employees Association for January 1, 2001
through December 31, 2001 , by the passage of Resolution 51 , Series 2000 ; and
WHEREAS , the City of Englewood and the Englewood Employees Association entered
into negotiations in May, 2001 in accordance with the Englewood City Home Rule Charter;
and
WHEREAS , the elected representatives of the Englewood Employees Association duly
ratified the Collective Bargaining Agreement; and
WHEREAS , the passage of this Resolution will authorize the provisions of the "Collective
Bargaining Agreement" between the Englewood Employees Association and the City of
Englewood for the years 2002 and 2003 , and
WHEREAS, significant changes to the Contract include the following : (1) Employees
covered by the Contract will receive a four percent (4.0%) increase on the base wage rate
effective January 1, 2002. (2) Employees covered by this Contract will observe Martin
Luther King Day as a City holiday in lieu of New Year's Eve Day ;
NOW , THEREFORE, BE IT RESOLVED BY THE CITY CO UNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS:
$ect,jon J. The City Council of the City of Englewood, Colorado hereby approves the
Collective Bargaining Agreement between the Englewood Employees Association and the
City of Englewood for the period of January 1, 2002 through December 31 , 2003 . attached
hereto as Exhibit A.
.,:
..
I • 0
X
•
•
•
•
..
•• •
$ectjon 2. The Mayor and the City Clerk are hereby authorized to sign and attest the
Collective Bargaining Agreement between the Englewood Employees Association and the
City of Englewood, Colorado, for the period of January 1, 2002 through December 31 , 2003.
ADOPTED AND APPROVED this 16th of July, 2001.
Thomas J . Burns, Mayor
ATTEST:
Loucriahia A. Ellis, City Clerk
I , Loucrishia A. Ellis , City Clerk for the City of Englewood , Colorado , hereby certify the
above is a true copy of Resolution No .~ Series of 2001 .
Loucrishia A. Ellis
•
I • 0
-
•
•
•
•
•• -...
COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE
CITY OF ENGLEWOOD
AND THE
ENGLEWOOD EMPLOYEES ASSOCIATION
JANUARY l, 2002 --DECEMBER 31 , 2003
.. ..
I . 0
ARTICLE I
ARTICLE 2
ARTICLE 3
ARTICLE 4
ARTICLE 5
ARTICLE 6
ARTICLE 7
ARTICLE 8
ARTICLE 9
ARTICLE 10
ARTICLE 11
ARTICLE 12
ARTICLE 13
ARTICLE 14
ARTICLE 15
• ARTICLE 16
ARTICLE 17
ARTICLE 18
• ARTICLE 19
ARTICLE 20
, .. ,,.
•
• -
INTRODUCTION
DURATION OF CONTRACT
RECOGNITION
EMPLOYEE RIGHTS
HOURS OF WORK
OVERTIME WORK
ACTING PAY
MERIT IN CREASES
COMPE NSATION
LONGEVITY COMPENSATION
ANNUAL LEAVE
PERSONAL LEA VE
SHORT TERM DISABILITY (STD)
WORKERS' COMPENSATION
MILITARY LEA VE
FUNERAL LEA VE
JURY DUTY AND WITNESS SERVICE
HOLIDAYS
UNIFORM CLEANING ALLOW Ai"\ICE
TUITION REIMBURSEMENT
PAGE
3
4
5
6
7
8
9
10
11
12
13
14
16
17
18
19
20
21 I • 0
22
• -··~· :. ..
• -
...
ARTICLE 21 LIFE INSURANCE ,~ _.,
ARTICLE 22 INSURANCE 24
ARTICLE23 RETIREE HEAL TH INSURANCE 25
ARTICLE 24 PENSION/RETIREMENT PLANS 26
ARTICLE 25 LAYOFF 2 7
ARTICLE26 LEA VE OF ABSENCE (WITHOUT PAY) 28
ARTICLE 27 GRIEVANCE PROCEDURE 29
ARTICLE 28 WRITTEN CORRECTIVE ACTION 31
ARTICLE29 DUES DEDUCTION 32
ARTICLE 30 ASSOCIATION ACTIVITIES 33
ARTICLE 31 STANDBY PAY 34
ARTICLE 32 CALLBACK 35
ARTICLE 33 LABOR tvIANAGEMENT COMMITTEE 36
ARTICLE 34 EXCLUSIVENESS OF CONTRACT 37
• I . 0
ii
• 32X
]
•
•
I· •._ • ~·
• -
CONTRACT
BETWEEN THE CITY OF ENGLEWOOD
AND THE
ENGLEWOOD EMPLOYEES ASSOCIATION
ARTICLE 1. INTRODUCTION
..
This contract entered into by the City of Englewood, Colorado, and the Eng lewood
Employees Association has as its purpose the promotion of harmonious relations between he City of
Englewood and its Employees, a fair and peaceful procedure for the resolution of differences : he
establishment of rates of pay and hours of work, and other conditions of emplo yment an set ou in
the City Charter.
Except where limited by express provisions elsewhere in this Contra t. nothin g in hi s
Contract shall be construed to restrict, limit or impair the rights. powers and authon t, of the City as
granted to it under the laws of the State of Colorado and the City's Charter and :vluni c1 pa l Code . The
rights . powers , and authority include, but are not limited to, the follo wing :
A . Determine the overall mission of the Cit y as a unit o f gove rnment.
B. To maintain and improve the efficiency and effectiver.ess of City o perat io ns .
C. To determine the services to be rendered, the operations to be performed, the
technology to be utilized, or the matters to be budgeted .
D. To determine the overall methods , processes, means , job classifications or personnel
by which City operations are to be conducted .
E. To direct, supervise, hire , promote, transfer, assign . schedule, retain or lay-off
employees .
F . To suspend, discipline , discharge, or demote for just cause, all full-time permanent
classified employees .
G . To rel ieve employees from duties because of lack of work or funds, or under
conditions where the City determines continued work would be inefficient or nonprodu ct iv e .
H. To take whatever other actions may be necessary to carry out the wishes of the public
not otherwise specified herein or limited by a collective bargaining C ontract.
I. To take any and all actions to carry out the mission of the City in cases of emergenc y .
.. ~. -·4 .. _,.,.,__ --~ ...
,.
I • 0
-
•
•
•
•
..
• -..
J. Nothing contained herein shall preclude the City from conferring with its emplo yees
for purposes of developing policies to effectuate or implement any of the above enumerated rights .
The City retains the right to change any past practice which is not in violation of this
Contract. In the event a past practice is sought to be changed by the City Manager or Department
Directors, the Englewood Employees Association will be provided reasonable written notice of the
intended change. The Englewood Employees Association retains the right to grieve any change in
practice which is in violation of this Contract .
2
•
'\ ~
., .
.
I· 0
-•
''~[' ..
·~
• -..
ARTICLE 2. DURATION OF CONTRACT
A. This contract will take effect on January 1, 2002, and shall continue in force to and
including December 31, 2003, provided that either party may reopen negotiations for Article 9 ,
Compensation, by giving written notice of intent to negotiate Article 9.E prior to May 15, 2002. The
City will notify the Association three (3) months prior to commencement of negotiations if there is a
need to negotiate on dental or health insurance.
B. This contract or any part of it may be terminated or renegotiated at any time by
mutual consent of both parties.
C . If any article or section of this contract should be held invalid by operation oflaw or
any Court of competent jurisdiction, or if compliance with or enforcement of any article or section
should be restrained by such Court, the remainder of this contract shall not be affected thereby and
this Contract shall remain in full force and effect, and the parties shall promptly meet and negotiate
for the purpose of attempting to arrive at a mutually satisfactory replacement for such article or
section.
D . The parties agree and understand that provisions relating to employees covered b y
this contract shall in no way displace or modify present or future statutory case law of the State of
Colorado .
E. The parties acknowledge that during negotiations which resulted in this contract, each
had the unlimited right and opportunity to make demands and proposals with respect to any subject
or matter appropriate for Contract negotiations and that the understandings and agreements arrived at
by the parties after this exercise of that right and opportunity are set forth in the contract.
3
\ ..
~
' •
I • 0
-
•
•
•
• -
ARTICLE 3. RECOGNITION
The City recognizes the Englewood Employees Association as the sole organization certified
pursuant to the provisions of the Charter of the City of Englewood as the exclusive representative for
the public employees within the following bargaining unit:
Included: All full-time, classified non-emergency employees of the City.
Excluded: All supervisory, managerial, confidential, part-time, temporary , and
contractual employees, and all employees hired through the use of Federal, state or other outside
funding sources for special projects or programs, and all others who may be determined prior to or
during the life of this Contract as provided under the City Charter .
4
•
I . 0
-
..
I• . . • . ' .,
ARTICLE 4. EMPLOYEE RIGHTS
•
..
• -
A full-time classified employee who is not a confidential employee, a managerial employee,
or a supervisor shall have the right:
A. To form, join, support or participate in, or to refrain from forming , joining,
supporting, or participating in the employee organization or its lawful activities; and
B. Bargain collectively through their certified employee representative.
C. No employee shall be interfered with. restrained, coerced or discriminated against
because of the exercise of these rights nor shall the right of an individual employee to discuss
employment concerns with the City be infringed upon.
s
,.
' · .
. ' .
I· 0
-
•
•
•
•• •
•
ARTICLE S. HOURS OF WORK
All departments, functions or activities shall observe office and working hours necessary for
the efficient transaction of their respective services . Such have been determined for non-emergency
employees as follows:
A . All employees covered by this Contract shall work at least forty ( 40) hours per week ,
or in the case of shift work, an average of forty (40) hours per week . The work week shall consist of
five (5) eight-hour shifts, or other work schedules as determined by the department director with
approval of the City Manager. All employees shall be scheduled to work a regular work schedule
and each shift shall have a regular starting and quitting time . Should the work schedule be changed.
affected employees will be notified 24 hours in advance except in the case of an emergency as
determined by the Department Director.
8 . Employees shall be entitled to two (2) paid rest periods not to exceed fifteen ( 15 )
minutes or one (I) thirty (30) minute rest period for each shift worked. Rest periods shall be under
the control of the supervisor or department director.
C. When possible, employees who work beyond their regular quitting time into an
overtime situation will be eligible for a fifteen (15) minute rest period before they begin the overtime
work. When possible, additional rest periods will be granted under the control of the supervisor or
department director similar to rest periods granted under subparagraph B above .
D. When necessary, employees shall be granted a fifteen (15) minute personal clean-up
period prior to the end of each shift. The clean-up period shall be under the control of the supervisor
or department director.
E. All employees will be granted an unpaid lunch period during each shift . Whene ver
possible, the lunch period shall be scheduled at the middle of each shift.
See City of Englewood Administrative Policy# 2, "Hours of Work/Overtime", and Policy
#3, "Meal Breaks", for further clarification.
6
••
I· 0
-
•
•
1,r;. .. ...
• -'
ARTICLE 6. OVERTIME WORK
A. For all employees covered by this Contract, except as specified below, duties
performed over and above the assigned work schedule shall be considered overtime. Overtime shall
not be computed nor compensation allotted on previously accrued compensatory time.
B . FLSA non-exempt (hourly) employees shall be compensated for overtime work at the
rate ofone and one-half ( 1-1/2) times the normal pay rate or compensatory time off, computed at the
rate of one and one-half ( 1-1/2) times.
The City retains the right to assign overtime work to any employee qualified to perform the
work.
7
•·
..
'
•
I. 0
J-
•
•
•
•
..
• -'
ARTICLE 7. ACTING PAY
All persons appointed to an acting position, at the sole discretion of the Director, will be
compensated at the minimum rate of the acting position pay line, or 5% above the employee's
current rate of pay, whichever is greater. The employee must be in an acting capacity for thirty (30)
consecutive calendar days before said employee becomes eligible for acting pay. Such pay will be
retroactive to the first day the employee assumes the responsibility of the position.
See City of Englewood Administrative Policy Manual, Policy #1, "Acting Pay" for
discussion of acting pay for positions not covered by this contraet.
8
..:
I. 0
2X
•
, ..
•"
ARTICLE 8. MERIT INCREASES
..
• -
All merit increases provided for the employee will be considered upon the anniversary date
and shall not be considered automatic, but rather, based upon performance. Said merit increase may
be granted or denied to any individual employee upon recommendation of the department director
and with the approval of the City Manager upon notice to such individual employee.
9
.. . '
)
I· 0
-
•
•
..
• -..
•,
ARTICLE 9. COMPENSATION
A. Each employee in the classified service shall be paid at one of the rates set forth in the
pay plan for the class in which they are employed.
8. At least the minimum rate of pay for a class shall be paid to an employee who is
starting his employment with the City.
C. When a regular full-time position not under the classified service is brought into the
classified service, the rate of pay of the incumbent may be set by the City at the step closest to his
current rate in the grade established for the class. In such cases there will be no reduction in pa y.
D. A change in anniversary date will result when :
(I) The employee is on leave without pay . The previous anni versary date shall
be adjusted one month for each twenty-two (22) working days of leave without pay
in any twelve (12) month period.
(2) The employee terminates his employment and later is reemplo yed . The ne w
anniversary date shall be determined by his new employment date .
(3) When it is determined that the employee merits an increase , the date of the
increase will determine the new anniversary date .
E . Employees of the City of Englewood represented by the Englewood Emplo yees
Association and covered by this Contract shall receive a four percent ( 4%) increase on the 200 I base
wage rate effective January I, 2002 . Salary for 2003 will be negotiated in 2002 .
10
...:
•
0
I. 0
-•
..
• -..
ARTICLE 10. LONGEVITY COMPENSATION
Effective January 1, 1984, and thereafter, all new hires shall not be eligible for longevity
compensation as provided for under this Article. In addition to an employee's monthly salary, the
employee shall be eligible for longevity compensation based upon the number of years of continuous
service with the City and shall be derived from the following schedule:
Years of
Service Amount of Compensation
15-19 $36 per month for $432 per year, except for those employees who have not
completed 16 full years of continuous service on December I of any year,
which employee shall receive $288 plus an amount equal to S 12 for each full
month of completed continuous service after completion of 15 years of
service up to December 1.
20 or more $48 per month for S576 per year, except for those employees who have not
completed 21 full years of continuous service on December 1 of an y year.
which employee shall receive $432 plus an amount equal to S 12 for each full
month of completed continuous service after completion of 20 years of
continuous service up to December 1.
II
,.
I· 0
e l
•
-•
•
I•~-•,.,
• -
ARTICLE 11. ANNUAL LEA VE
Employees hired after January 1, 1984, and covered by this Contract shall earn annual leave
each pay period as follows :
Length of Hours per Hours per Earning
Service Pay Period Year Limits
l. 0-4 Years 3 .08 80 160 Hrs .
2. 5-9 Years 4 .62 120 240 Hrs .
3. 10+ Years 6 .15 160 320 Hrs .
Accumulation of annual leave shall neither be authorized nor computed for an y purpose after the
maximum earning limit has been reached.
The schedule for use of annual leave shall be determined by the needs of the Department .
Annual leave shall be taken at the time convenient to and approved by the Department Director or
Supervisor. However, the City will make reasonable efforts to accommodate the request of an
employee to use annual leave where a genuine emergency situation exists.
Annual Leave Pav
The rate of annual leave pay shall be the employee's regular straight time hourly rate of pay
for the employee's regular job. Annual leave shall be allowed onl y to the total hourl y amount
accumulated at the beginning of the leave, as verified by the department director.
Work During Annual Leave
If, after the employee has begun his/her annual leave and the City requires the emp lo y ee to
work during the scheduled annual leave period, the employee will not be charged with vacat ion ti me
for the number of hours worked.
How Charged
Annual leave for employees shall be charged on a work-day basis excluding regular days o ff.
Annual Leave Pav Upon Separation
When an employee terminates employment with the City, the y will be compensated fo r
unused annual leave earned as of the date of separation . Annual leave is not to be used to extend an
emplo yee's date of separation.
12
•
)
I • 0
J-
•
•
•
...
• -
ARTICLE 12. PERSONAL LEA VE
All employees covered by this Contract shall be granted 48 hours of personal leave time with
pay which an employee is entitled to use for the following purposes :
A. Employee's own illness/injury
B . Illness/injury of employee's family
C. To attend to personal business
For any employee who has not used the 48 hours of personal leave time ending October 31 of
each year or any portion thereof, the City will compensate said employee for the unused time at the
employees regular wage rate to be paid during the month ofNovembcr of that year. Personal leave
time shall not exceed 48 hours nor shall it be accumulated or carried over from one year to the next.
Personal leave shall be scheduled and administered under the direction of the department director or
supervisor. In the event of illness/injury in which personal leave is requested, shift work employees
shall notify their supervisor at least one (1) hour prior to their scheduled reporting time. Personal
leave shall be prorated for employees beginning and terminating employment with the C ity durin g
the November I -October 3 1 time period .
13
. '
I· C,
•
•
•
•
•,.
• -
ARTICLE 13. SHORT TERM DISABILITY (STD)
(Formerly Temporary Disability -Non Job-Related)
Short term disability leave is granted for non-service connected injury or illness of an
employee with at least ninety (90) days of service with the City, whose disability prevents the
employee from performing his/her duties . Short term disability (STD) is paid at 100% of the
employee 's regular hourly rate .
The City agrees to provide employees covered by this Contract STD leave with pa y for
employees absent as a result of illness/injury as follows :
91 days-4 years
5-9 years
10+ years
34 7 working hours
520 working hours
693 working hours
Short term disability leave shall not be accumulative. January I of each year the City sha ll
restore I 00% of the number of hours used b y an employee during the preceding year as follows :
91 days-4 years
5-9 years
IO +years
Utilization
up to a maximum of 173 working hours
up to a maximum of 260 working hours
up to a maximum of347 working hours
A . Authorization for STD leave with pay shall only be granted after the first normal dail y
shift of disability .
8 . Authorization for STD shall only be granted for personal illness or injury, not service
connected, including maternity related disability
See City of Englewood Administrative Policy #31 , "Family and Medical Leave Act
(FMLA)".
Sick Leave Option
All sick leave accrued by permanent employees priorto January I, 1980 shall vest with the
employee, and may be used in the following manner :
A . After exhausting STD hours .
B . By cashing in all accrued sick leave accumulated under the previous plan upon
normal ret irement from the City at the rate of one hour's pay for each two hours of accrued sick leave
or one hour's pay for each four hours upon separation from the City.
C. By cashing in accrued sick leave, once each year at the conversion rate of four ( 4)
hours sick leave for one ( l) hour pay, not to exceed a conversion of more than 400 hours each year.
14
I • 0
-
•
•
•
..
• -
Reporting of STD
The employee or a member of the employee··s household shall notify the employee's
supervisor prior to the employee's scheduled reporting time. No STD leave will be granted to an
employee who fails to notify their supervisor prior to the beginning of the employee's work shift .
Verification of Disability
If absence from work is three (3) days or more, a medical release must be provided to the
employee's supervisor, who will forward it to Human Resources for possible Family Medical Leave
qualification.
Abuseo(STD
Abuse of STD occurs when an employee misrepresents the actual reason for requesting STD
or when an employee uses STD leave for unauthorized purposes. An employee who makes a false
claim for STD leave shall be subject to disciplinary action or dismissal.
IS
..
)
I . 0
-
•
•
..
.... · ....
•• -..
•,
ARTICLE 14. WORKERS' COMPENSATION
A. For any on-the-job injury which causes an employee to be absent from work as a
result of such injury, the City shall pay to such employee his full wages from the first day of his
absence from work up to and including the 90th calendar day of such absence, less whatever sums
received by the employee as disability benefits under workmen's compensation. The City requires
any employee on workers' compensation to submit to an examination(s) by City-appointed
physician(s) at the City's expense or under the provision of workers' compensation . The employee
will not be charged sick leave for disability under this Article.
B . All workers' compensation injuries shall be reported to the employee's supervisor
within 24 hours of the injury or before the employee leaves their department of employment.
16
, .
...
0
I . 0
--
•
•
..
• ', •• ..
ARTICLE 15. MILITARY LEAVE
The authority for this policy is derived from the provisions of Public Law 93-508 (1974)
as amended by Public Law 94-286 (1976).
The City is obligated to grant military leave with pay for absences not exceeding fifteen
(15) calendar days per year in accordance with the above mentioned federal law . The City
cannot require an employee to use annual leave for such purposes . The employee may, however.
request use of vacation, compensatory time, or leave without pay to supplement absences
exceeding those covered by the fifteen (15) day military leave allowance .
Military leave of absence will result in no loss of any condition of employment that
would have normally occurred if the employee had not been absent for such purposes.
Employees are responsible for providing their department directors copies of all military
orders that will result in a leave of absence for active military duty. Employees are also required
to notify their supervisors at the earliest possible date upon learning of scheduled military dut y.
The City will make a reasonable effort to adjust work schedules and assignments to
accommodate employees fulfilling military obligations .
Employees who fail to return to work on the date specified in the leave request , without
receiving an extension in advance, are subject to disciplinary action up to and including
termination.
Inactive duty training dates (weekend drills ) should be provided to the department
director as soon as available if the dates conflict with scheduled employment with the City .
17
..: . '
. ' .
I . 0
-
•
•
•
,. ~ -· 4' ..
• -...
ARTICLE 16. FUNERAL LEAVE
Full-time employees are eligible for up to forty ( 40) hours of funeral leave. Annual or
personal leave may be requested if additional time off is necessary . Funeral leave applies to
members of the employee's family . For purposes of this policy, "Employee's Family" will mean
the employee's spouse, or the children, grandchildren, parents, grandparents, brothers, and sisters
of the employee or of the employee's spouse .
18
,.
'\ '
' ' •
I· 0
-
•
•
..
• -
ARTICLE 17. JURY DUTY AND WITNESS SERVICE
Leave will be granted to an employee called for jury duty or to appear as a witness in
his/her official capacity in obedience to a subpoena or direction by legal authority. The employee
will receive their regular salary for jury duty served. Any jury pay will be reimbursed to the City.
The employee may retain any reimbursements for mileage and parking. Employees on jury duty
or called as a witness in their official, City capacity will be expected to work as much of their
regularly scheduled workday as their jury duty schedule or appearance in court permits.
When an employee is subpoenaed as a witness in private litigation to testify, not in his
official capacity but as an individual, accumulated leaves will be used to cover the time absent.
All accumulated leaves must be exhausted before the time absent can be taken as leave without
pay.
Employees will not be paid overtime or earn compensatory time for time served as a juror
or a witness. Overtime is computed on hours actually worked over forty ( 40) hours at the
assigned job.
An employee must return to work after being excused from jury duty if there are more
than two (2) hours left in their regularly, scheduled workday .
19
..:
. '
I . 0
?
-
•
•
•
•
,~t-.• .. ·~
• -'
•,
•
ARTICLE 18. HOLIDAYS
A . The following days shall be considered official holidays by the City :
I. New Year's Day: January I.
2 . Manin Luther King Day : the third Monday in January.
3. President's Day: the third Monday in February.
4 . Memorial Day : the last Monday in May.
5 Independence Day: July 4.
6 Labor Day: the first Monday in September.
7 Veteran's Day: November 11.
8. Thanksgiving Day : the fourth Thursday in November.
9 Fourth Friday of November following Thanksgiving Day.
10 Christmas Eve : December 24 .
11 . Christmas Day: December 25 .
B. Any employee covered by this Contract who does not perform duty scheduled on the
working days or have approved paid leave immediately prior to and following a holiday sha ll not
receive pay for the holiday.
C. Employees required to work on an official City holiday shall receive one and one -h al f
(I 1/2) times the employee's regular rate of pay for all hours actually worked, in addition to the
employee's regular pay for the holiday, OR time off at the rate of one and one-half ( I I/:!) ti mes the
number of hours actually worked at the discretion of the department director.
D. When one of the foregoing holidays falls on a Sunday, the following '.\1onda y shall be
observed as the legal holiday. When any of the foregoing holidays fall on a Saturday, each emplo yee
shall be entitled to a day off for such holiday, which day off shall be scheduled as the City :vfana ger
detennines, but no specific day shall be observed as a holiday for purpose of closing City offices and
functions .
See City of Englewood Administrative Policy #33 , "Holidays", for further clarification .
20
•·
,.
'
~
•
I· 0
2
-
•
•
' . f·~;f~ . .. .. ...
•
' -'
' ~
ARTICLE 19. UNIFORM CLEANING ALLOWANCE
If an employee is required to wear a uniform. the employee shall wear the uniform only as
authorized by the department work Nies. The City will provide uniforms, cleaning and
replacements. The City will provide 50% of the cost of required work shoes up to a maximum of
S70 per year except with department director approval . All employees shall maintain a presentable
appearance while on duty. The employee is responsible for any damage to the uniform by
negligence or deliberate act.
21
.. ...
' ..
I· 0
2X
• ,. -..
•• . '
. ' . -
ARTICLE 20. TUITION REIMBURSEMENT
See City of Englewood Administrative Policy #29, "Tuition Reimbursement".
• I· 0
22
• X
-
•
•
•
..
• .
' -..
ARTICLE 21. LIFE INSURANCE
Tenn life insurance will be provided by the City for employees covered by this Contract in the
amount of one time bis/her annual salary. The minimum benefit is $30,000 and the maximum
benefit is SS0,000. Upon retirement. the employee may convert the life insurance per the life
insurance plan conversion agreement in place at the time ofhistber retirement .
23
.. •
I . 0
-
•
•
i• .... .• .. ·~
• -'
ARTICLE 22. INSURANCE
A. MEDICAL
The City will pay eighty-five percent (85%) of the premium cost for single and
dependent coverage for medical insurance. Employees will pay fifteen percent ( l 5%) of the
premium cost for single and dependent coverage for medical insurance .
B. DENTAL
The City will pay eighty-five percent (85%) of the premium cost for single and
dependent coverage for dental insurance. Employees will pay fifteen percent ( l 5%) of the
premium cost for single and dependent coverage for dental insurance .
C. Any dispute concerning the interpretation or application of benefits provided
under the health or dental plans shall be subject to the plan appeal process. It is expressl y
understood that this article is a non-grievable item under this contract .
24
. '
" . ' .. ~ ..
I. 0
3 I
-
•
•
•
..
• -
ARTICLE 23. RETIREE HEAL TH INSURANCE
Employees retired prior to January I, 1980, will be provided health insurance coverage by the
City on a non-participating basis. The coverage will coordinate with Medicaid and Medicare
wherever applicable. Retirees after January l, 1980 will be guaranteed conversion privileges to the
Health Insurance Plan available through the City. For those who retired prior to December 31 , 1996 ,
the City will pay 50% of the cost of coverage of the conversion plan up to a maximum of $50 per
month. For retirees after January l, 1997, the C ity will pay 50% of the cost of coverage of the
conversion plan, up to a maximum of$7S per month. It is the intent of the City to phase out this
provision .
\ ' ~
~ .. . '
I . 0
-
•
•
..
• -
ARTICLE 24. PENSION/RETIREMENT PLANS
The pension plan description for employees covered by this Contract is set forth in Title III.
Chapter 4 of the Englewood Municipal Code. Additionally, the plan description for the Non-
Emergency Employees Money Purchase Plan is available for inspection in the Department of
Finance and Administrative Services.
26
•
, .
'I
I. 0
•
•
•
•
' . o.\'• ..
• -'
ARTICLE 25. LAYOFF
A. Whenever there is lack of work, lack of funds, or under conditions where it is
determined that continued work would be inefficient or nonproductive, requiring reductions in the
number of employees, the appointing authority shall designate the department and positions in which
the layoff is to be made. Upon such determinations, the required number of employees in the
affected department and position shall be placed on a recall list or transferred by the appointing
authority, each in order of his relative length and quality of service as shown by the personnel
records. All other factors being equal, seniority shall prevail.
B. All other factors being equal, employees on layoff shall be recalled in the order of
relative length of service as shown by the personnel records, provided that those recalled have the
demonstrated ability and same qualifications to perform the available work as determined by the
City. No new employees shall be hired until all employees on layoff status desiring to return to work
have been recalled. The recall list shall terminate after one (I) year .
27
• j
I . 0
-
•
•
..
• -
...
ARTICLE 26. LEAVE OF ABSENCE (WITHOUT PAY)
After twelve months of continuous service and upon approval of the department director.
in concurrence with the Human Resources Director, employees may be granted an unpaid lea ve
of absence of up to one year for compelling personal reasons not related to Family Medical
Leave reasons .
All accrued , paid leave must be exhausted before the beginning of the unpaid leave of
absence. Employees on such leave do not accrue personal leave, annual leave or longevity pay .
Employees on unpaid leave of absence arc not eligible for holiday, jury, military, funeral or
administrative leave. When an employee is on an unpaid leave of absence, he/she will main
remain in the City health and dental insurance plans, provided the employee portion of the
premium is paid by the employee.
The employee may retain the benefit accrual rate they were eligible for at the beg inn ing
of the unpaid leave, provided the employee returns to work with the C ity on the agreed upon
date. Upon return. the employee·s hire date will be adjusted if the leave has exceeded thirty (30)
calendar days. The department director, in concurrence with the Human Resources Dire ct or. will
determine the employee 's next review date .
An employee who engages in other employment, including se lf-employment. while on
official leave of absence . will be terminated effective as of the last day worked. unle ss prior
written approval has been obtained from the Human Resources Department.
Employees on an approved leave of absence, who fail to report for work by the first day
after the expiration date of the leave of absence or a properly approved extension, will be
terminated from their employment with the City as of the last day actually worked .
28
..
• I
I • 0
•
•
•
•
• -
ARTICLE 27. GRIEV A.l'ICE PROCEDURE
A grievance is defined as a claim or dispute by an employee covered by the terms of this
Contract concerning an alleged violation of a specific provision of this Contract. The emplo yee shall
be required to follow the procedure as set out below :
A general grievance is defined as a grievance that concerns a group of emplo yees or the
bargaining unit in general. A general grievance can only be filed by the . .\ssociation within the time
frame specified in Step I, and the initial review will occur by the department director at Step ~
below .
A. "Work Day" means calendar days exclusive of Saturdays , Sundays. and C ity
recognized holidays .
Step 1.
If the employee is unable to senle the grievance or dispute orall y and in fo rma lly through
his/her immediate supervisor within five (5) working days of the date of the occurrence of the
grievance , or the emplo yee's knowledge of it, the emplo yee may. with in the succ eeding five (5) work
days. file a written grievance with his/her supervisor . The superviso r shall attempt to ad j ust the
matter and shall respond in writing to t he emplo yee within five (S) work day s.
Step 2.
If the answer is not satisfactory, the matter shall be presented in wri ting by t he emplo yee to
the department director within five (5) work days following receipt of the supervisor's response . The
department director shall respond in writing to the emplo yee within fi ve (5) work days.
Step 3.
If the grievance still remains unadj usted . it shall be presented by the employee to the City
Manager in writing within five (5) work days following receipt of the response of the depanment
director. The City Manager or his/her designated hearing officer shall have a meeting with the
grievant to review the grievance and all relevant information . Within ten (10) work days of that
meeting, the City Manager or his/her designated hearing officer will issue a written decision .
Step 4 .
l. If the grievance is still unresol ved , the Association with in founeen ( 1-+) calendar da ys
after the reply of the City Manager or his/her designated hearing officer, may by written not ice
request the matter be submitted to arbitration . The parties will attempt to choose a mutuall y
agreeable arbitrator. If within five days of the request for arbitration the Association and the C ity
cannot mutually agree on an impartial arbitrator, a request will be filed with the American
Arbitration Association for a panel of seven arbitrators to be sent to the panics. The arb itrator shal l
be selected by a method of alternative striking of names from the panel , with the first strike
determined by a coin flip. The final name left on the panel shall be the arbitrator . The arbitrator
shall be requested to issue a decision within thiny (30) days after conclusion of testimon y and
argument.
29
•·
)
I· 0
•
•
•
•
..
• -
2. Each parry shall be responsible for compensation to its own representatives and witnesses.
The fees of the arbitrator shall be borne equally by the Association and the City .
3 . If either parry desires a verbatim record of the proceedings, it may cause such a record to
be made, provided it pays for the record and makes a copy available to the arbitrator. If the other
parry wishes to have a copy of the transcript it shall share all costs for the transcript .
4 . Authority of Arbitrator.
The arbitrator shall have no power to add to or subtract from or change the terms of this
Contract. The written decision of the arbitrator shall be final and binding upon the parties. The
arbitrator shall limit his decision strictly to the grievance submitted which has been properl y
processed through the grievance procedure outlined.
5 . Failure by an employee or the Association to comply with any time limitation shall
constitute a settlement of the grievance . Should the employer not respond within the prescribed
time, the grievance will automatically proceed to the next step. At the employee's option. the
employer may be allowed additional time to respond .
Grievance Option
It is agreed that should the appeal procedure as provided under 138 :3 of the C ity Charter or
applicable City ordinance is utilized, recourse to the grievance procedure included in this Art ic le
shall be waived.
Processing Grievance During Working Hours
Grievances may be investigated and processed by the employee or designated emplo yee
representative during working hours, within reasonable time limits , without loss o f pa_ , pr ovi de d
notice is given and the workload permits .
30
•
. .
• 1
)
I • 0
2
•
•
,.,,. ..
• •
ARTICLE 28. WRITTEN CORRECTIVE ACTION
Whenever more serious grounds for corrective action exist (i.e., more serious than those deemed
by the supervisor to warrant oral corrective action) the supervisor should issue a written corrective
action. The written corrective action will be addressed to the employee and will include the
following information:
• The violation
• The specific behavior
• The dates of the behavior
• The warning that continuance of the specific behavior will result in disciplinary action. and
• An offer of assistance in correcting the behavior.
Both the employee and supervisor must sign the document (ifnecessary, the supervisor wi 11 note
that the employee refuses to sign the document). A copy of the written corrective action will be
forwarded to Human Resources to be included in the employee 's official personnel file . The
employee will have the opportunity to submit written comments in response to the written corrective
action to be included in their file .
This Article shall not be grievable under this Contract , nor shall it appl y to probat io nary
employees .
JI
I • 0
']-
•
•
•
• ...... .... ..
• • '
ARTICLE 29. DUES DEDUCTION
A. The City agrees to deduct the Englewood Employees Association dues each pa y
period from the pay of those employees who individually request in writing that such deductions be
made, subject to the garnishment laws of the State of Colorado . The amounts to be deducted shall be
certified to Human Resources by the Treasurer of the Association, and the aggregate deductions of
all employees shall be remitted together with an itemized statement to the Treasurer by the 15th of
the succeeding month, after such deductions are made. The authorization shall be revocable during
the term of the contract, upon written notice by the employee to Human Resources .
8. If no wages are paid an authorized employee on the last pay period of a given pay
period, deduction for that pay period will be made from any wages which may be paid to him/her on
the next succeeding final monthly City pay period. It is expressly understood that the City assumes
no liability and shall not be liable for the collection or payment to the Englewood Emplo yees
Association of any dues during any time that an employee is not actuall y working for the City and
actually on the payroll of the City. In the event of error on the check-off list, the City will not be
responsible to make adjustments , until notified by the Treasurer of the Englewood Emp loyees
Association .
C. The Englewood Employees Association shall indemnify and hold the City harmless
against any and all claims. suits, orders, or judgments brought or issued against the City as a res ult of
any action taken or not taken by the City under the provision of this Article .
D . Changes in the dues amount to be deducted shall be limited to two (2) changes each
year, providing a thirty (30) day written notice is provided to Human Resources .
E. Should the change in the deduction method require a computer programming change.
the Englewood Employees Association shall be responsible for the cost of such change or changes.
at 530 per hour with a four (4) hour maximum . Payment from the Englewood Emp loy ees
Association shall be made to the City Finance and Administrative Ser'\'ices Director within ten ( I 0)
days of receipt of billing .
32
•
,,
\
~ ..
•
)
I • 0
xi
-
l
•'
•
•
"t:••
• -..
ARTICLE JO. ASSOCIATION ACTMTIES
The City agrees that during working hours on the City premises and without loss of pay ,
Englewood Employees Association members may be allowed to : attend Englewood Emplo yees
Association and/or management meetings; post Englewood Employees Association notices on C ity
designated bulletin boards; solicit Englewood Employees Association memberships duri ng
employee's non-work time; and represent employees on grievances and negotiations.
33
•
)
I . 0
-
•
•
•
..
,..• ......
• -..
ARTICLE 31. STANDBY PAY
All employees covered by this Contract and assigned standby duty shall be compensated at a
rate equal to eight (8) hours at his/her regular rate of pay for one week of standby duty .
•
'.)
I . 0
•
•
...
• -
ARTICLE 32. CALL BACK
Any time an employee on off-duty status is called back to work he/she shall be credited with
a minimum of two (2) hours pay at the rate of one and one-half(! 1/2) times his/her regular hour ly
rate .
JS
•
'
I· 0
-
•
•
•
1"•:1 ... . ' ..
• -'
..
ARTICLE 33. LABOR MANAGEMENT COMMITIEE
A Labor Management Committee consisting of four (4) members appointed by the
Association and four (4) members appointed by the City shall meet on a quarterly basis . The
committee will only deal with group issues that are not dealt with through other existing committees
or grievance procedures . The Association will send its agenda items to the Human Resources
Director at least one ( 1) week prior to the date of the quarterly meeting .
36
'
',
. ,
..
)
I. 0
•
•
l• .... ..
" • • '
'
•
ARTICLE 34. EXCLUSNENESS OF CONTRACT
The City and the Association agree that the terms and provisions herein contained constitute
the entire Contract between the parties. The City and the Association agree that all negotiable items
have been discussed during the negotiations leading to this Contract and, therefore, agree that
negotiations will not be reopened on any item during the life of this Contract, except by mutua l
agreement of the parties.
IN WITNESS THEREOF, the parties have caused this Contract to be signed by their
respective representatives, and their signatures placed thereon, on this day of
___ , 2001 at Englewood, Colorado.
ENGLEWOOD EMPLOYEES
ASSOCIATION
37
CITY OF ENGLEWOOD
Mayor
ATTEST :
City Clerk
City Manager
'
•
' .
•
I. 0
l
.1
•
•
• -
COUNCIL COMMUNICATION
Date:
Jul y 16, 2001
INITIATED BY:
Agenda Item:
10cii
Department of Parks and Recreation
Subject:
Approve bid fo r Recrea t ion
Center locker rep la em en t
STAFF SOURCE:
Jerrell Bla ck, Director of Parks and
Recrea ti o n
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council authorized funds in the 2001 budget for recreati o n ce nt er locke r removal and repla ce m en t.
RECOMMENDED ACTION
Staff re comme nds Council award, by motion, a bid in the am o unt of $72,626.67 t o th e low bidder
Ly nch Materials Handling Company of Broomfie ld, Co lo rad o.
BACKGROUND, ANALYSIS, ANO ALTERNATIVES IDENTIFIED
The City received two bids fo r the project, Lynch 1aterials and H andling being th e low bid .
FINANCIAL IMPACT
Adequate funds are availabl e within th e approved budget. 585,000 was budgeted in th e
Conservation Trust Fund .
LIST OF ATTACHMENTS
Bid tabu latio n form
Bid specifica tions
)
•· 0
-
•
•
-
C
•
. .
• •
T y 0 F G
I
'
. -T .... ,,.--r \. / T,-.-.-,.·-,, . . < '-~ .
JU:I 1 • 200 1
Li.JY:
Lt W 0 0
PURCHASI NG D IVISION
PURCHASING DIVISION
2800 S. PLATTE RIVER DRIVE
ENGLEW OOD, COLORADO 80110
BID REQUEST NO. 01-114
DATE: June 14, 2001
REQUES:-FOP. EID
ENGLEWOOD RECREATION CENTER LOCKER ROOM UPGRADE
D
The City of Englewood will rece ive sea led proposals for suppl y ing
"ENGLEWOOD RECREATION CENTER LOCKER ROO M UPG?J'.DE" as per specificat ions
no later than 10:00 A.M. prev a:..li:1g time , June 27, 2 00 1. Pr o posals
will be rece ived a t the office of the Purchasi::1.g Di v ision, 25 00 Scu th
Platte River Drive , Englewood, Colorado 8 110.
Late proposals wil l not be accepted under any circum stance, a nd any
proposa l so received s hall be retu rned ~o t~e proposi:1g fir~ unopened .
In addit ion, telegraphic and /or prcpo sa_ sent b y e leccronic de·11 c es are
not acceptable and will be rejected upon rece ip t . Prcposing fir~s will
be expected to a_low adequace c1me f o r de2.i-;e :y o : thei:-proposa l s
e ither b y a irfre ight, postal serric e, or oche:-means.
The City of Englewood is exe:r.pc fro m a ll federa_, s t ate , a:1d local
taxes.
GENERAL CONDITIONS:
Bidders are invited to, but not required to , attend the b id opening.
Bids received later than dace and hour s pecified will be returned
unopened .
Price will be firm for a period of at least sixty (60 ) days from date
of bid opening.
BIDDERS MUST SUBMIT PROPOSALS ON ATTACHE~ BID PROPOSAL FORM AND SUBMIT
TWO (2) COPIES FOR EVALUATION PURPOSES.
Proposals will be quoted F .O.B. Englewocd, Colorado .
Any excep tion to the minimu .
bid proposal s hall be stated
form .
s pecifications , general conditions , and
as an "exceptior." on the bid proposal
Bidders are as ked to mark envel ope "E~GLE';JOO D RECREATI ON CENT£?. LOCKER
R OOM UPGAADE " in l o· .. er left-hand corner .
2800 So . Pl a ne Raver D ri ve Englewoo d , Colorado 8 0 11 0 Phone )OJ -762-2390 Fax )03-783-695 1
www o eng e ·A,ood co us
•
. '
)
I • 0
-
•
•
•
• -
.:,;"'
"'REQUEST FOR BID
.( ~ID NO. 01-114
,f ENGLEWOOD RECREATION CENTER LOCKER ROOM UPG?_.!\DE
PAGE TWO
Bidders will be required to c onfor.n to the specifications. Deviations
may deem the proposa l unacceptable.
If items called for by th is request for bid have been· identified by a
brand name or "equal" description, s uch identification is intended to
be descriptive , but not restrictive , and is to indicate the quality and
characteristics of products that wil be sa:isfactor1. Bids offering
"equal" products will be considered if such products are clearly
identified and are determined equal by the department e valuating sa id
products referenced in the request.
When providing a brand name or "equal" item the bidder is required to
provide the brand name and part number of the item proposed and any
technical data , broc!1Ures or other informa':i on a v ailable f o r the item
with their bid , s o t:1at the City can technica ly e v aluate the bid.
This must be provided with each copy of the proposal requested.
Should a bidder find discrepancies in or omission from the bid
specif ications /general cond itions or sha_l be in doubt as to t!1e::.r
meaning , he s hall notify the Buyer f o r clar::.:icati on . If the o oint in
question is not fully set forth, a written amendment wi_ be m~iled to
all persons obtaining specifications.
The Citv will not be bound or responsible for ar.y explanations or
interpretations other than those oiven in wri:ino as set forth in this
request for bid. No oral interpretations shall be b inding on the City.
THZ BIDDER IS REQUIRED TO PROVIDE A STATEMENT WITH THEIR BID INDICATING
THAT THE ITEMS BID ARE IN ACCORDANCE WITH THE REQUEST P'OR BID WHEN THEY
ARE BIDDING TO THE EXACT REQUIREMENTS OF OUR SPECIFICATIONS.
THE BIDDER IS REQUIRED TO PROVIDE A STATEMENT WITH THEIR BID INDICATING
THAT THE ITEMS BID WILL BE DELIVERED IN ACCORDANCE WITH THE REQUEST FOR
BID.
The Bidder shall be required to have s u fficient property, liability,
and workers compensation insu rance and to provide t h e City with copies
of the certificate of insurance .
The successful Bidder will not discriminate aga inst any employee or
applicant for employment because of race, co lor , religion, sex , age or
national origin and will comply with the Americans with DisabLities
Act. The successful Bidder shall adhere t o accectable a:fi:mati v e
action guidelines in se lecting employees and shall ensure that
employees are treated during employment, without regard to their race ,
color , religion , sex , age or national origin. Such action shall
include, but not be limited to , the follow ing : emp_oyment , upgrading ,
demotion, or transfer , recrui tment or recruitment ad·;ertising ; layoff
or termination, rates of pay or other f orms or compensation; and
selection for training , including apprenticesh i p .
• •
I • 0
]
/
•
•
,I
/
,./
./
REQUEST FOR BID
BID NO. 01-114
ENGLEWOOD RECREATION
PAGE THREE
•
·~
• -
CENTER LOCKER ROOM UPGRADE
The City of Englewood shall have the right to re j e ct any or all bids,
and to waive any informalities or irregularities therein and request
new proposals when requ i red ., In addition, the City reserves the right
to accept the proposal deemed most advantageous to the best interest of
the City.
The option of selecti;:g a partial or compl ete bid sha ll be at the
discretion of the City of Englewood.
Any award made in response to this Request for Bid w~ll be made t o t hat
responsible bidder whose offer technical_, wil be most a dvant ageous to
the City price, delivert, estimated cost of transportation, and
other factors considered.
The City of Englewood is a n e nvironment a lly conscious City. Vendors
supplying products made fro recyc_ed materials and environmenta_ly
sound packag ing, wil_ be gi v en preference when a ll other e valuati o n
criteria is deemed equa l.
The Bidder is required to provide the model number, a ny technical data,
brochures or other information a·.r ailable for the equipment they are
proposing with their bid in order that the City can te chnica_ly
evaluate the bid. This must be provided with each copy of the proposal
requested.
Removal of existing lockers and installation of new lockers must be
completed during the dates of August 27 through September 3, 2001.
The City of Englewood has provided what they believe is an estimate of
lockers and configuration. Bidder must arrange a site survey prior to
bid submittal to determine if information on locker quantity and
configuration is manageable. The bidder must provide drawings of
locker and overall configuration.
Bidders shall contact Bob Leonard, Fac ility Supervisor , telephone (303 )
762-2692 on any technical questions.
Bidders s hall contact Bet ty Goosman, Lead Bu-;er, Prcc;,ire:nen:: Division,
telephone (303 ) 762-2392 on a ny questions re'iating t o the Request for
Bid and Minimum Specifications.
CITY OF ENGL EWOOD l:,:~y~~
Lead Buyer
._ • •
I • 0
•
•
-•
City of Englewood Bid Tabulation Sheet
Bid Opening Date: June 28, 200110:00 a.m.
•
• -
ITEM BID: Englewood Recreation Center Locker Room Upgrade
Vendor Item 1 ltem2 ltem3 ltem4
Field Technology,
Inc.
Shelving Rack
& Lockers, Inc.
Elliott Associates
Lynch Materials $32,046.00 $22,934.60 $1 ,396.04 $1 ,765.05
Handling Co.
Items
$$813.46
Lynch -Please see note on taxes. Explained at opening that the City does not pay taxes
0
Item& Item 7
$7,449.52 $6,222.00
Shelving Rack & Lockers, Inc. -The first figure is for delivery & installation of the base bid (lockers) -the second
figure is for the delivery & Installation of the pedestal benches -the third figure is for the delivery & installation
..
Total
No Response
$66.624.00
$2 ,579.00
$6,345.00
$75,548.00
No Response
$72 ,626.67
of the slope top for lockers -the forth figures Is the total of the bid. Please note their notations throughout the returned
proposal.
We have discussed that the delivery and installation will not t-' the oriainal closlna date.
Englewood Recreation Center Locker Room Upgrade
0
•
•
.. .. .. ·-• -'
COUNCIL COMMUNICATION
• Date Agenda Item Subject
July 16, WO 1 11 Ci Arbitrato r Appointment
Initiated By Staff Source
Human Resour ces Su e Ea to n, Directo r of Human Resou rces
RECOMMENDED ACTION
Staff recommends that Council pas\. by motion, an arbitra t o r to conduct h arings in th e matt er of th e
impasse between the City of Englewood and th e Engle\, ood Pohc B nefit As oci at1 o n .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Negotiations between the City and the EPBA reached impasse on June ::!9, ::!00 1. According to Secti o n
137.6{b ) oi the City Charter, u Appointment of Arbitrator", Co unci l\\ ill appoin t one arbitrator from th e Ii t
of three presented to con duct hearings and make a de ision on th e flnal offer t o be implemented.
FINANCIAL IMPACT
Funds are budgeted in the 2001 Budget for this purpose
LIST OF ATTACHMENTS
Resumes of Po tential Arbitrators
•·
. '
)
I • C,
-
•
•
11:47
--··· ·----··-. -· ,··.,. ~--.·
51'1'1 + 3037836892
•
..
• -...
t-o.156
. _.,(~ -. »ca:c:u a. -~ ~ -am. 0, .... O'l:ULS
f:-\~J: .... ··_:· _____________ z.uca __ aaa. _____ """'!" _________ _
· "·,=.· ·· .. · lalea, ca
c:aslaa J ....
• D f • a
._ t 111 ft.4•11r d ftllweee llBiwntcy CDU• of z... wcnur,
fa~, ..u.accr ad iSenst amitraeer aim:e un. D;edaice
ia Cftft ad~ la4 .....
Z-: ~tzUW~. -=act ~cm. Uac:iplJM, ~.
3• ...i1at.ia&. laff9, car 1 , npu, ...n.im, pu:for a,
.. u •. zaaai~. ~riq,, ~. -~. ---a,sia,e,
~ aMcnU.., ~ ll1aiN
n J al•: MrJJw, ~. ~1ca. 11Dcac1aa (&U 1.aftlaJ, f..s-1 -·, ... ..SIN•-•· WUQlf "· ,.-. pna&JpOpl•eN•, ,ablic -,.u -, ,.i,, =--,enacim. --1i:a1. ~ si--~ ......_
J1111daail:zl .. rr1 111i1:811 ~ toatal llnic:e, 111.teme1 ~ s.niee, lo1N cucaa, ~.,,__It ctaa .,._ _. ocun. w-. ~Ult
MrJJw -' nip& an I 1•.
a..--,., -. ~ Daa/lNiataU 11aa, ldlDoi of LD, un-11;
...,..._, i.,a1& llai-1q, ~ m: s-. i.,,o-n.
Ft t.t•: ~ 1111ftn1q';, I& (UIZ); hUu fllNl8ff lemW7 • __.
Dl~ (1"1) I a.i..n1q, of lf1HCIUUI • -(1HSI I ,1D C1ffl) •
.. ICA-J
lau F1t.1ee: Zllt1-1 ~ of Wtncon !Toud ..._,, ma&; ,,...,c•ee.
JlaMua .-ztn:rt• in,en, 111:1; aa
ci: ... a .. ••Lt•• --.: • no.10 ,-taJ,. . .
Clt;f-:ntip: 1111:ltM ..... ., a.dca
. ....
( S-o3) ~l.:.'Z.-S"'fl.f
P°,.A,>1.. (So3J 170-u1i
~~--~~ aa.
~ Cl ~z. ' kl-o,q, ,730..f-':)Z..'fi,
1
• •
~ .
.
•
..
I • 0
-
•
•
•
•
I •,t
~
• -
•• --...._f""'C"' r:w:'~11 C) !71':I
l-0 . 156 lil06 .
. !
e American ArbitraaonAstociation
Di,,wu lfl'thl rie11 s,.,.tJ"11 Wer1'11a J1
C..... Alla.-ian Altli&nnioa .wociation
1'wo C.a.ria T-
Commerc:i.l Pane l
Lawrence T. Holden, Jr., Esq. Dalm, TIC 75240
•
Cllt'Nftt lrnpl-,.r/'T'"lda La..,-en~ T . Holdea, Jr., P.C .• Princ ii,al
Wortr Hlstcry Principal!Mediator/Arbitntor, Lawren.::e T . H,>lden. Jr .. P.C ..
1975-pre,enc: Chainnan. lussadlusem Board o(Conciliacion I:
Arilia-uioa.1912°75 : Tnal .'\Uomcy. 1910-'12: Solicneir ·s OftKe. t:.S.
Department of Labor. 1969-70 ; Aslociat,. Good\•in. Protter Ii: Ho;ar . 1966-
69 .
EaqM,iMee .\t Coodwin. Procter a. Hoar. pcmnned geaenl ~pl work "11th
iOme concl!AU'alioa in lar-c.narmmt relauons. Al the Oepartznent of
Llbor. respQnaillle foT :neciialioa. lefi1lacian ;and p·trAIMftt conrncu. A.i
ll'ial auo~. enpged ia cm! mocjon worlt aad c:rimiaal trials. . .\.s
Chaiirlmn of Wau:acbuaem Board of Conaliation & .vbiiration, ,upcl'Yised
a staff of mediaron. let 1r:ancbrd1 for mediar:ion/arbittacion ud
IIM!(mted/arbi1rlled l'IIOff than 300 Jabor.managur:int disputes.
ltlli1 llltN4I ·Dilpua R I ICilN'I bperieftce Over !!-l years a, a full-amt
-«atOT".'UGitr'MDr . dccidin1 more 1haaa !,000 labor-manag,eznt-nt disputes
~"'* 197:. u,es in"1tlve airli,,e, tnn1it, telecommunicatioc.,
-~factwiq. ,c1utn.crio.c, 1e~ice ind trade, publialiini; and Vlili'C'!'
inchistr~. as "'ea u federal. state aad loc:tl i:O"emmmc m•nen. '.l(ediafd
mcrc than ,oo labor-management dlspuces and more wn 50 ci,i) cwputa
in,'Olfflli; colll!llercial coniracts and l~ase,. toru. cormruction. empio~mesu:,
,,.suraoce, enYJl"lllllMII&. lepl fee disputes and compld. mwn-pany ~-
Mte,,iad¥e .,..._ IIIIHiutlon Trainill1 MA Employ1a,?nt Arbitntor
Training, Bo1toa. lZ/97; Faculty, ~Janacbweus Bar ldedialion Tninillr;
l'lriOIIS oeber .\DR a-aillin,s .
Pl ofel1ioftal LicenNs Admitted to the Bar, ldusachU!<!CU, 1966.
Profenlonal Aaocial:ioal !llanon.l .uadcm:w of Arb1uators : '.':,tionotl
)(ediation Board; Soaeq, of Pn•fl'Hionals ill Dupute R.esc luti-; AUL\
(Put C<>•«niAJ loard); hwl111cri;l lleiatlon1 R.sprch Aaociuion (lo.ccn
c~. Pan PremkZl1).
•
• I
I • 0
-
•
•
•
•
~·· .. ,.
• -
.,
N.J. l :X:.
\C. ;::~;3 r ;
ldumtiott Darmolich Collep (AB-1961); hlllll Univenity (UJ, wm lludc-
1916); HAffUd Uaiwenity (UJl-11161).
P~lr:altlw aM Ip lllrtnl ..... nencs "Final Offer, Nbiinuo11 ill
llu1Ad11uecu,• THE AIIITMTION JOUKN.U.. 19i6; "Naioml
Emergency Disputes, die COII.Sldmcions Behind a 1.e&1sla1iv1 PropoAI. •
GEORC;IA UW llVIEW. Toi. 4, p. ffl. 1970; "Admininnl:ive La,,,," Cuc
Conunnt. IOSTON t.TNIVEJI.SITY I.AW :Rn1EW. ,-01. 45, p. 37!, 1965;
'7be Clash Over Whal ii larpinlblc iD !be Public Schools, Ponnit of a
Pn,cea.·
Com ........ I 900 .00 per day.
1150.00 per !lour,
The Artllcraror may c:lwJe 11,000.00 for Ilion noliu (H
calndar days°" Ins) pot~c:anulbrionf of each
ICbeduled huriDI day .
•
...
• J
. ' .
I· 0
2
JUL--i<lb-200 1 09 :5 1
Ocnpedn:
EdllCatioll: •
Cndeatiall:
~-
•
• -
AFEl,RPTCRs· OFFICE +l Tt: 265 ~<l-l P .02
HARVEY,\. NATBA,'f
13!0 Eat •9dl Street, CJaicqo, ll. 60615
Teleplioae: (773) 285-0!500 Faaimile: (773) 285-0!04
ArlnUlltOr, mediazor, hearins officer and aeuttal in related positioas
B.A, 1964 • Syracuse Uaivmity; J .D ., 1967. North-mm University
Admiued to pnctice of law in S1ate of Illinois since 1967. Admiaed to
practice before the U.S. Supreme Court. U.S. Court of Appals (Seventh
Cimlit). U.S.D .C. (N. Dist. Il.).
Cenified as an arbitrator by American A:biuation Associanon and Federal
Medialion and Conciliarion Semce (since 1977). Member of National
Acadmny of Albitnims (since 1914). listed on public employme:n
panels in IlliDois, lDdiaDa, Iowa and Nebraska. Certified mediator with
Cemer for Coatlict Resolurioa and aJbitrazor for NASD
Has~ as a ne,ma1 in~ 1hln 2000 cases. Has ,erved, or continues
to .-ve, on numerous pamamm panels in the public and private sectors .
Scrwd as federal coun a'US1ee for Chicago Area t B. ofT. Benefit Trust
Fllllds !ram SqM iher, 1995 tbroup Match 1997 . Special Truste: for
Cbic:qo l...abarcn' Pension, Haith & Welfare, and Trainin& Funds from
Febrwly to Oc:taber, 1991 . Hanns officer for Dlinois State Board of
Fd!ranon Mediaror for DliDois Oept of Human Riabts
0..-IJoPMi I ac1: 1967 • 1970 Asloc:iarc wi1h Law Offices ofBermrd Mamet rcpracntiq
uaioas. 19i0 • 1977 Assoc:1ate wim Law Offices of Edes md R05Cll
representing bolh labor md rnanqemcnt. Active NLRB 111d appcllat.c
practice.
Has x:v=i as chair oflhe Labor Law Committee of the ChiQ&V Bar
ASIIOC and as chair of the advisory committee to lbs Chica,o Rqion of
American Azbitratioa Association. Scrwd for scven years on the
Nlllioml Educational Advisory Committee for American Arbitration
AJsociation. Audior of aumerous trainmg programs for AAA . Spoitel1 at
scvc:ral <!oz.en t.aining programs 111d c:ond~ two summer worlubops
for AAA Author of cbapteB on arbitrabuity and on health benefits in
Labor and Employment Arbitration published by Matthew Bender &. Co .
•
•
)
I . 0
-··~· ... .
•
•
•.
••• -'
/.1.5"t7rC111& ~ ~
~. J~ olJo/.5
(7?.:J NS-IJStl{J
/77.1) ,!,!5-tJSN IY-J
$800.00 for first lffSl hours
$200.00 for each quarter day thereafter
$150.00 per boar (fm hour minimum)
Per diem for each hearing dab! CUICeled
within thirty days prior 1D set date
$100.00 per party far all alher omceDations
~ for tnNpOrtation. lodgjng,
meals. copria.g, c,vemigtlt mail
iOT ~L c . .J3
. ' .
0
I. 0
2
-•
.. ..
• • ..
RBSOLUTION NO._
SERIES OF 2001
A RESOLUTION ESTABLISHING AN ATTENDANCE POLICY FOR BOARD AND
COMMISSION MEMBERS .
WHEREAS. the Englewood City Council has determined that the smooth operation of
board and commissions are essential to the City; and
WHEREAS, Englewood boards and commissions are made up of volunteer citizens who
dedicate their time to the City; and
WHEREAS, it is important that boards and commissions have enough members to
operate efficiently as envisioned; and
WHEREAS, where it is essential that quasi judicial boards have a full complement of
members;
NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT :
Section l. The City Council of the City of Englewood, Colorado hereby adopts an
attendance policy for all boards and commissions to read as follows :
I.
2.
4 .
5 .
All board and commission members must attend 60% of all meetings in a
calendar year unless there is an excused absence. If a member is absent more
than 40% of the meetings , the Chair should discuss with the member his or
her lack of attendance .
lf a board or comm1SSion member misses three consecutive meetings, the Chair
may ask that a vacancy be declared, unless those absences are excused
absences.
If a board or commission chooses, they may adopt their own attendance policy
if it is more strict than the City Council policy .
This rule shall not apply to members that are required to be on a board or
commission by statute.
ADOPTED AND APPROVED this 16th of July, 2001.
A'M'EST: Thomas J. Burns. Mayor
Loucriahia A. Ellia, City Clerk
•
11 bi
)
I • 0
•
•
•
•
\
i· ! ~ ..... ..
• -..
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No .~ Series of 2001.
Loucrishia A. Ellis
..
. (
I • 0
32
•
•
•
RESOLUTION NO .w
SERIES OF 2001
•
• -
A RESOLUTION AMENDING THE TRAVEL POLICY FOR THE CITY COUNCIL OF
ENGLEWOOD . COLORADO .
WHEREAS. the City Council of the City of Englewood . Colo r a do adopted the current
travel policy by the passage of Resolution No. 47 , Series of 2000 ; and
WHEREAS, the Englewood City Council has reviewed the current travel policy and
determined that amendments are necessary to update and cla rify 1t : a nd
NOW, THEREFORE, BE IT RESOLVED BY THE CITY CO UNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , THAT:
Section l. The City Council of the City of Englewood , Co lorado he reby a mends the
Travel Policy for the City Council of Englewood . to read a s follow s:
TRAVEL POLICY FOR THE CITY COUNCIL OF ENGLEWOOD.
Each Council Member shall justify participation for all travel events thirty (30) days
prior to attendance , and approval by vote of the Council. Emergency s ituations mav
arise and those matters shall be brought to Council at the next regularlv scheduled
meeting .
Each Council Member shall provide a summary explaining the nature of his/her
participation, how it will benefit or affect the City and reconciling expenditures
within 30 days after his/her return from an event.
Council as a group , shall make a conscientious effort to remain within the
designated budget each year.
Council shall make a diligent effort to keep expenses to a minimum by purchasing
lowest available air fare . securing economy hotel accommodations, and implementing
other cost saving measures whenever possible .
Council Members will not be allowed to travel for the Cit y until their previous travel
expenses have been reconciled .
Council shall continually monitor travel expenditures throughout the year.
Cev.neil shall pv.l,lish prepesed tr11, el e11pendit1tres in the Engle need Herald paid
ad, erti.eiftg seeiien prier '6 the e11pendit1tre .
Council travel records are a matter of public record and may be reviewed~
time,-in accordance with the Colorado Open Records Act.
A Council Member may go to only one (1) out-of-s ta
~~-;~fy-
•
12 b ii
)
I • 0
•
•
•
•
• -
Any Council Member who cannot travel after expenses have already been paid may
be asked to pay a portion of these expenses out of his/her salary by a super-majority
vote of Council.
ADOPTED AND APPROVED this 16th of July, 2001.
Thomas J. Burns. Mayor
ATTEST:
Loucrishia A . Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood , Co lorado , hereby certify the
above is a true copy of Resolution No .~ Series of 2001.
Loucnshia A. Ellis
I • 0
•
•
•
'· ..
• -'
L,.w OFFICES FREDEJUCK S . CASSMA."'1
H O WARD J. K...sLOW
fRAN'K F. P OSPIS HI L
RosAl.D K. J'>AR.SOSA GE
]OH:.." W . H ERDZrNA
H\AVE'i B . COOPER
RA.'l'OA.U. C . H.-\...,SON
R. C1'AJG FRY
TlM.OTHY M . ICE!\1''Y
TEIUlE.SCE P. MAHER.
El.IC H. LINDQUIST
SA.~DRA L. MAASS
THOMAS J. MAuCJ<J
MWN D . Wti,.."£"'
ABRAHAMS KASLOW & CASSMAN LLP
Via Federal Express
Mr. Daniel L Brotzman
City Anomey
City of Englewood . Colorado
I 000 Englewood Parkway
Englewood . CO 80110-2373
8 7 12 W EST D O DGE ROAD, Si.;ITE 300
O ~L-\HA, NEDRASK.\ 68114·3419
TELEPHO!'IE 402 -392 · 1250
F .KSIMJLE 402 -392 ·0816
Jul y I 0, 200 I
..
Re: Proposal to Provide up! Services in Connection with Techn~ Contracts
Dear Mr. Brotzman .
14 a
M.-\RLON M . LoFGRE!',1
J.• • .M ES M . PFEFFER
J EFFREY J B U ..'MEL
SAIL\ .'\. JUSTER
ERJS E . M CCA.'10LESS
KlM ~1. M GO
l\l\.R.K .A . W tLLLo\.\1.5
Q c1 ss M . 0 SBOR.'1E
}OSEf'H T. BRECKL'1R.JDGE
M l LTOS R.. .'UiLili.-\.tr.tS
1905 ·1000
B t:.s E . K.~L0 '''
1007·199J
Abrahams Kaslow & Cassman LLP respectfull y submits th e following prop osal to pro\ ide leg al
services to the City of Englewood in connection wi th the preparation of technology co ntract s and
services agreement s fo r the City.
•
Overview of the Firm
Abrahams Kaslow 8:. Cassman LLP has pro\ided legal cou nsel to indi vi duals and businesses fo r more than
50 years . The firm has counseled its business clients on a multitude of issues ranging fr om co mplex busine ·s
transactions to Litigati on Abrahams . Kasl ow & Cassman LLP al so has substantial experience in muni cipal
law The firm serves as counsel to vario us political subdi-,isions and governmental authorities
The fim1 has developed a special emphasi s on technology law and has handled numerou s transacti ons
in vo lving electronic data proces ing ser\ices. information technol ogy out so urcin~ sofmare de\elo pment
and licensi ng and hardware acquisi ti on and leasing.. A description of the fim1 's tech noloh'Y practice . a~ well as
a co py of my resume . are enclosed
The Proposed Englewood Te:am
If our finn is selected for the engagement , I wo ul d act as the firm 's team leader for th e eng age mo::nt
h:i \·e 17 years of experience in info m1at io 11 techn ology law . I rej oi ned Abrah ams Kaslow 8:. Cass man
M E.WBt.'R, COM MER. "I.AL LiW .i..FFIU..-tn5 wrn , 1 ..... D£PL:-.JDt·N1 F IJt.U!) :.v P .<t.J .•,:c :r.tL Crr!E.S \.VO H :..D IU DE
..
)
I • 0
-
•
•
•
•
1• ... . -· ,. ..
' • -..
ABRAHAMS KASLOW & CASSMAN LLP
Mr. Daniel Brotzman , Cit Anomey 2 July I 0. 200 l
LLP as a panner in April of 1998 , after spending the prior two years as Special Counsel in the Boulder,
Colorado offices of Cooley Godward LLP , where I served as the senior anomey in the !inn's Colorado
information technology practice group . Cooley Godward is a 650 anorney Silicon Valley-based firm
which focuses iis practice on the representation of emerging grow1h companies in informati on
technology and biotechnology . Prior to joining Cooley Godward , I spent twelve years with Abrahams
Kaslow & Cassman. the last four years as a partner. I have counseled clients in the
telecommunications, teleservices, software, computer hardware. information services and data
processing industries . I am licensed to practice law in the states of Colorado and Nebraska .
Financial Proposal
We propose that legal fees in this maner be computed on an hourly basis at a rate of $225 .00 per hour
for my services . If we involve other anomeys. legal assistants or clerks in this project , they will be
biUed at their standard hourly rates . We will not bill the City for the travel time of firm emplo yee s.
however, travel !!,Xpenses and other expenses which are incurred in the representation of the City would
be reimbursed by the City in accordance with the enclosed client co st recovery policy.
Our statements will be generally prepared and mailed during the earlv pan of the month follm,ing the
calendar month in which sen,ices are rendered and costs advanced Our statements wi ll set fonh a
description of the services rendered and the expenses incurred with respect to the billing peri od
covered with as much appropriate detail as the City requires .
Quetions About Our Proposal
If you have an y questions regarding this proposal . please feel free to contact me at 402 -3 9:2-125 0
am frequentl y in Dem·er working for my Colorado based clients Lf yo u would like to meet in per s n
to discuss the proposal . please let me know
We appreciate and look forward to the opponunity to be of service to you
TPM :tm
Encs .
Very truly yours, --
--=-~-· ... ·---·.
Terrence P ~ laher
For the Firm
••
..
. '
I • 0
2 I
•
\ ... .... ._.
. . "
ABRAHAMS KASLOW & CASSMAN LLP
•
..
• -..
CUENT COST RECOVERY POLICY
Item I Cha1"2e
Telephone :
A. Local A. No charge
B. Long Distance B Actual carrier charne
Photocopies $0 .15 per page I
Facsimile •
A. Local A. No charge
B. Long Distance B S0.50 per page
C. International C. S0 .50 per pa1Ze plus actual carrier charges
Posta1Ze Actual char1Ze bv U.S Postal Service
Ovemi!Zht courier I Actual char11e bv co urier service I
Local messen11er deli very $7 50 per deli very
Supplies Other than binding supplie s. which are I
charged at actual cos t, no charge unl ess I spec ial suppl ies are required by agreement
with the client I --Trave .
A. Air fare A Charge by airline (co ach for No nh
American flight s and busines for
interco nt inent al flig ht s. unle s client
reque sts oth er)
B. Hotels 1~ Charge by hotel I
C. Meals Charge b restaurant I
D . Rental car I D Charge by rental car company I
E. T ransponation E Char11.e bv taxi . etc I
Electronic databases Actual charges b:i sen ice erovider I
.J .brary materials I No char1Ze I Secretarial and word processing No charge for regular staff Lf, with the
client"s agreement , temp o rary word
processi ng suppon is ne cessary to meet an
urgent client need , th e actual char ges by th e 1
temp ora ry a2encv will be charged
Filin1L fees I Actual charge
File stora11e I No charge
0
I. 0
•
•
•
1.
2.
3.
4.
•
•• -...
AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, IULY 16, 2001
Call to o rder . 8':o~
In voca tion.(}~
7:30 P.M.
Englewood Civic Cen ter
1000 Englewood Parkw
En glewood, CO 8011
Pledge of Allegian ce. ~
5. Minutes.
Minutes fr o m the m ee ting of Reg ul ar City Co un ci l Meeting of Jul y :2 , :2001~
9 . Public H earing
10. Consent Agen
a.
COUNCIL BILL n Com miss io n/City
Clerk 's Office to adopt a bill fo r an o rdinan ce approvi n g an ln tergove rnm enta
Agreement with Arapahoe County for Coordinated Election Services. STAFF
SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services
and Loucrishia A. Enis, City OerkjElection Commission Member.
Pleae IIGle: N yau UN a 4llallllly alll med aailary ads or semc:es, please notify the City of Englewood
(303-76l·2AOS) al .... 41 ..._. in advance of when semc:es are -«led. Thank you •
)
I· 0
•
•
•
·,·
• -
Englewood City Co un o l Age nda
Julv 16. 2001 -.,J
Page 2 1fW --
•
, ),'J() f" ii. COUNCIL BILL NO. 38 -Recomm enda tion from the Department o i Finan ce and vf'lv Administrative Services to adopt a bill fo r an ord inan ce submi tt ing t o th e
registered electors of the City of Englewood a question to issue debt fo r Parks
, \ f) and Recreati o n Projects . STAFF SOUR : Frank G gle · ·rector of If v Finance and Administrative Services.
Administrati ve Services to adopt a bill fo r an ord in ance subm itt ing to the
registered electors of the City oi Englewood a proposed am end m en t to A rti cle
X, Part Ill . Se ction 104 of the Charter of the City oi Englewood rega rdin g
General Obligation Bonds . STAFF SOURCE: Frank Gryglewicz, Director of
~ance and Administrative Services.
iv. COUNCIL BILL NO. 40 -Recommendation from th e El ec ti o n Co mmiss io n /City
Clerk's Office to adopt a bill fo r an o rdin ance approving a Charter Q ues tio n for
the November 6, 200 1 Ele ct io n regarding Initiative p rocedure . STAFF SOURCE:
Frank Gryglewicz, Director of Finance and Administrative Services and
Loucrishia A. Ellis, City Clerk/Election Commission Member.
v. COUNCIL BILL NO. 41 -Recommendation fr om the Ele c tion Co mmission /Ci ty
Clerk's Office to adopt a bill for an o rdin ance app rovi ng a Cha rt er Q ues ti on fo r
the Nove mber 6. 200 1 Elec t ion rega rd ing Refere ndum proced ure. STAFF
SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services
and Loucrishia A. Ellis, City Clerk/Election Commission Member.
vi. COUNCIL BILL NO. 42 -Recommendation from th e Election Commission/City
Clerk's Office to adopt a bill for an o rdinan ce approvin g a Charter Question for
the November 6, 2001 Election regarding Reca ll procedure . STAFF SOURCE:
Frank Gryglewicz, Director of Finance and Administrative Services and
Loucrishia A. Ellis, City Clerk/Election Commission Member.
vii. COUNCIL BILL NO. 43 -Recommendati o n from th e Department of Financ e and
Administrative Services to adopt a bill fo r an o rdin ance submi tt ing to the
registered electors of th e City of Eng lewood a proposed am endment to ·Ar ti cle
V, Section 41 of th e Charter of the City of Englewood regarding Emergency
Ordinances . STAFF SOURCE: Frank Gryglewicz, Director of Finance and
Administrative Services.
viii. COUNCIL BILL NO. 44 -Reco mm enda tion fr o m th e D epa rt m ent o i Finan e and
Administrative Services to adopt a bill fo r an o rdinan ce subm1tt111g to th e
registered electors of the City of Englewood a p roposed am endm ent to Art, le
X, Part IV, Se ction 113 of th e Charter of the Cit v o f Engl ewood reg ardin g
Competitive Bidding. STAFF SOURCE: Frank Gryglewicz, Director of Finance
and Administrative Services.
ix. COUNCIL BILL NO. 45 -Re co mmendation from th e Department of Finance and
Administrati ve Services to adopt a bill for an ordinance submitting to the
registered electors of the City of Englewood a p ro p osed am endment to Article
X, Part IV , Section 116 of the Charter of the City of Englewood regarding Capital
Improvements. STAFF SOURCE: Frank Gryglewicz, Director of Finance and
Administrative Services.
Pleille note: If you have a dilability and need auxiliary aids or semces, please notify the City of Englewood
(303-762·240S) at le111t 48 hours in advance of when services are needed. Thank you •
•
I • 0
•
'. ., " ..
·~
• -'
Englewood City Co uncil Agenda
July 16, 2001
Page 3
x. COUNCIL BILL NO. 46 -Recommendation from the Community Deve lopment
Department to adopt a bill for an ordinance approving an Intergove rnment al
Subgrantee Agreement with Arapahoe County for the 2001 Community
Development Block Grant program. STAFF SOURCE: Janet Grimmett, Housing
Finance Specialist.
b. Approval of Ordinances on Second Reading.
~f,~i.
"'·' J~ii.
Council Bill No. 34, approving Supplement #150 to the Connector's Agreement
with Southgate Sanitation District.
Council Bill No. 35, authorizing an Intergovernmental Agreement with the State
of Colorado for transfer of State Highway Patrol Cars.
c. Resolutions and Motions.
ii.
Recommendation from the Human Resources Department to adopt a resoluti on
approving the Collective Bargaining Agreement betvveen the Englewood
Employees Association and the City of Englewood for 2002 and 2003. STAFF
SOURCE: Sue Eaton, Director of Human Resources.
Recommendation from the Department of Parks and Recreation to approve, b y
motion, the replacement of Re creation Center lockers. Staff recommends
awarding the bid to the low bidder, Lynch Materials Handling Company of
Broomfield in the amount of $72 ,626.67. STAFF SOURCE: Jerrell Black,
Director of Parks and Recreation.
11. Regular Agenda.
a .
b.
C.
Appr~f Ordinances on First Reading.
Approval of Ordinances on Second Reading .
Reso~ns and Motions.
General Discussion .
a. Mayor's Choice . &-o ~
b. Co"n~mbe•' Cho;c,. ~ ~
'. { "' -•~ A Resolution EstablisYJ.nH1~~~~nce P~licy for Board and Commission
~· Members. VV~ ~ ~ ;;. A " l"Oo~g th, T,a,el PoU cy fo, th, Oty Co"ncU~
•
......... 11,_. haw a lllabllty and need...._,• or MmCet, pleae notify the City of Englewood
(JOS.762-2405) at !eat 48 '-in advance of when NfflC9 M"e needed. Thank you.
~
~ ~
~ ..
, I
)
I • 0
-
•
•
•
• -'
Eng lewood Ci ty Council Agenda
Jul y 16, 200 1
Page 4
•
13. City Manager's Report. /Sf/'l
14. City Attorney's Report. ~ ~J}tP--
,. Appoi"tm,et of O"".:-i:i"""' -T, ~ , ':ei ~ eJ'l"',...-
Adjo"'"'r,~ ~ 1tt,
following mi~re transmitted to City Council between June 29 and Jul y 12, 2001 :
Englewood Board of Adjustment and Appeals meeting of March 14 , 2001
Englewood Public Library Board meeting of June 12, 2001
Englewood Water and Sewer Board meeting of June 12 , 2001
Englewood Code Enforcement Advisory Committee meeting of June 20, 200 1
Englewood Liquor Licensing Telephone Poll of June 20 , 2001
• I
)
I • 0
•
• •
• -..
0
•
I . 0
•
• •
-
•
I · o
-.
-
•
•
-.
' . ..
•
G .. -
/jtfs--fwyMzM-
//fj') ~~~
l(J/ ~~ ·-
@~~
/ /11(i) --{JJfe
~fl-
•
I · 0
•
•
-•
/3~~--
(!)
• •
• -
/)Jlf ~~~
(J) ff!O-
~~
' . .
0
)
I . 0
e
• • -
0
•
• I · o