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HomeMy WebLinkAbout2001-09-04 (Regular) Meeting Agenda Packet• • • • . ~,· • -' Englewood City Council Meeting September 4, 2001 Ordinance/~, ~· ~. 53, 54, 55, 56, 57, 58, 59, 60, 61 Resolution# 68, 69, 70, 71, 72, 73, 74, 75, 75, 77 ~ ~ ~ ~ . 0 0 0 I • 0 I • • -• 1 . Call to Order • • - ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY. COLORADO Regular Session September 4, 2001 . . The regular meeting of the Englewood C ity Council was called to order by Mayo r llums at 7:42 p .m. 2 . lnvoution The invocation was given by Council Member Nabholz . 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Bums . 4 . Roll Call Present : Absent: A quorum was present. Also present: 5 . Minutes Council Members Nabhoiz. Grazuli s, Garren, Bradshaw Wolosyn. Yurchick. Bums None City Manager Sears City Anomey Brotzman Dl"puty City Clerk Castle Dl"puty City C lerk White Assistant City Manager Fiaherry Director Ross, Public Works Director Olson, Safety Services Division Chief Moore, Safety Services (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED. TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 20, 2001. Ayes : Nays: Abstain: The motion carried. Council Members Garren, Bradshaw, Wolosyn. Yurchick Grazulis, Burns None Council Member Nabholz [Clerk's note : this vote.] Council Member Yurchick advised, after the meeting, that he intended to abstain from 6 . Sebeduled Vlslton I • 0 - • • -• Englewood City Council September 4. 2001 Page 2 • • • (a) Paige Bradshaw and Heather VanderBrake-Hunt were prese nt to address City Council regarding the upcoming Anhritis Foundation Marathon. Ms. Bradshaw thanked C ouncil for the opponunity to speak to them. She explained that they would be running a marathon to benefit the Anhritis Foundation, so all the money raised would go to that organization. The marathon will be held on December 9th and, between the two of them, they have to raise $8.400.00. The money, she said, will all go to either research or education. Ultimately the goal would be 10 cure arthritis altogether. Ms. Bradshaw said they have learned a lot through researching this . There are over I 00 kinds of anhritis. She said they are really excited and are doing it in honor of her father and Ms. VanderBrake -Hunt's aunt and uncle, because runners are asked to pick an honoree for whom to run . She said they were here tonight to prese nt their financial goal to Council and ask for their suppon . Ms . VanderBrake-Hunt said the y wanted Council to ask them why the y should invest in their cause. She said there are several reasons. She said she grew up in Englewood and was a product of Englewood Public Schools and had come back after several years of being out of state to serve the community. She said she and Ms. Bradshaw both work at Englewood Recreation Center. doing personal training and fitness for people who live in the community. We think this will benefit people who suffer from anhritis, which affects one in six Americans. There was an article in Newsweek on September 3'd , she advised, about arthritis and how many Americans it affects. We would be running in honor of them and helping to educate and serve them, since they are not able to do it themselves, she said. We a lso think it will benefit the community, because, as City employees and fitness trainers, we believe it is imponant to practice what you preach, and we feel we would be able to do that, not only by training ourselves. but also usi ng the money for a greater cause. Finally, we feel that we , ourselves, would benefit from this because. obviously. we are getting in better shape, which helps us serve our c lients, but also it ha s just been a good opportunity to serve others. She asked Council to consider whether they would be able to suppon them, as a Coun ci l, and also individually, as you see how this might benefit you. your family members or friends . Ms. Bradshaw passed out flyers to Council regarding the marathon. Ms . VanderBrake-Hunt stated that they are passionate about this cause because they service so many of their own clients who are all different ages and abilities in the area of fitness . They have a lot of se niors whom they work with and many of them suffer from this di sease and they see that their work can benefit them. Mayor Bums thanked them for corning. He said they would take it under consideration and wished them luck on their fund raising effons. Counctl Member Bradshaw asked when the marathon would be. Ms. VanderBrake-Hunt advised that it is the Honolulu Marathon on December 9 ... 7. UnKheduled Vlslton Mayor Bums advised that we often have confusion when we have public hearings. There are a number of people who signed as unscheduled visitors because of the animal control issues we have before us tonight. We are having a public hearing on those issues, which is not part of the unscheduled visitors. If yo u want to speak on the animal control issues, you should speak at the public hearing, because that is the official record of the conunents about the animal control ordinances. If you speak in the unscheduled visitor category, he stated, you will not be part of the public record on the animal control issues. Ma ybe some of you have signed on both, he said, but the unscheduled visitors may speak for up to five minutes . We invite anyone to speak on anything they want to, but almost everyone who signed on this unscheduled visitor li st have said they want to speak on the animal control issues. Mayor Bums said he would call all the names. because they have signed. but if they want to speak at the public hearing on animal control, he asked that they speak there and not under unscheduled visitors, because they would be making a record on the wrong I • 0 • • • Englewood City Council September 4 , 200 I Page 3 -,. • • • pan of the agenda . As I go down the list, indicate to me if you are willing to speak at the public hearing o n animal control, rather than under unscheduled visitors, he said. (a) Kevin LaPrise, 2931 South Clarkson , said he signed both and has another iss ue . He a,d his other issue was the concrete issue . He said he understands that a number of us have elected to pa y a cenain fee each month toward that function. Three years ago , he said, he watched some of hi s neighbors get their curbs and sidewalks fixed , and they were not nearly as in need of repair as his wa s. He thank ed Council Member Nabholz for being very responsive . He called her at home and she got some thm g moving. He said his problem is that, when he called the otlice to ask why they passed him. it wa very difficult to get someone to come out. When they did , they could not find where he needed the repair . Council Member Nabholz had no problem finding the area in need of repairs . Also. he said it took him a couple of times to get someone to come out and actually find that area . Ms . Nabholz informed me that 11 would be done this June . He said he understands that not everything is within her power, but it ha s not ye t been done . He said he has some lovely purple dots and arrows on hi s sidewalk . whi c h indi cate a co nung repair project. He said he wonders if that is , indeed. going to happen . Ken Ross, Director of Pubhc Works. stated that is exactly right . We arc doing our pre-constructi on conference with our contractor th, week, and they will be getting staned probably next week . They a re going to stan on one end of 10.-11 and going through Englewood in a systematic wa y . They are not go in g 10 be jumping all over the place. so I don ·1 want to give you any expectation that they are going to be out there next week . But , once they get staned. they will progress all the way through town , he said . If II ha s been marked, it is part of the program for this year. he advised . Mr. LaPrise said that was very encouraging. He thanked Director Ro ss. (b) Bev Cummins, 3441 South Broadway, said she kept waiting for others to come and talk to Council about sidewalk sales, but now we are right down to the nitty-gritty. We don 't really have even a month to horse around here between times and get it going . She asked if there was a chance that the y could push it up a little to about the middle of September, it would really help . Mayor Bums asked if it was scheduled now. City Manager Sears said he did not know the process right ofT the top of his head, but he felt that two a year were allowed and that there was a request by the business association to have a sidewalk sale under our ordinance . He said he did not see any reason wh y we could not proceed with that, but he would have to check . Assistant City Manager Flaherty advised that the c urrent polic y allows for two sidewalk sales a year, however, in order to qualify, they must ha\'e at least five contiguous business o,mers applying for the sidewalk sale, and they would apply to the Conununity Development Department. Ms . Cummins asked who that would be . Mr. Flaheny said the Community Development Depanment is on the third floor here at the Civic Center, and the director is Bob Simpson . (c) Bill Clayton, 958 East Cornell Avenue , said he was thinking on his way down that it was such a pleasant evening, it is a nice time to be living in your car, because the weather is so plea sant . He distributed a letter to Council and said he would be brief. He said he really was not going to talk to them about living in your car. House of Hope is a family resource center and shelter for families . We have taken over the old Arapahoe House detox building and, since January, have been providing shelter primarily to women with children. The biggest drawback to us increasing our capacity is that it is an old building, it was built as a convent, and it has all kinds of problems that make it difficult for us . One of the most pressing issues is the need for a residential sprinkler system to protect the residents in case of a fire . What a catastrophe if you were a small child, living in an unfamiliar place , and the building were to catch fire . We have engaged an engineering company, they have done a fine job for us , and we have selected a contractor. We arc on the verge of embarking on this project , which will cost us about $30,000 .00. Mr . • I • 0 • • -• Englewood City Council September 4 , 200 I Page 4 • • - Clayton said he was here this evening to ask if the City would consider waiving the pem1it fee for the sprinkler system. Certainly, if you can't do that, we will find a way to pay for it. This is an important project and we have to get it done, so we would appreciate your consideration on that. Most of the funds that support this project are public funds , or donated funds. so it is going to come from there. probably. anyway . We have prevailed on the Englewood Small Business Development Corporation to loan us some immediate cash so we can pay our contractor, because we really don't have the mone y in the bank. We are using a CBDG grant, thanks to the efforts of Janet Grimmett. who assisted us through the City and through Arapahoe County. If all goes well, since our CBDG grant expires September 15 "', we will have thi s project done by then, and will be able to increase our capacity and will be able to take mtact fam1he s . We really can 't do that right now, since our capacity just is not big enough. He thanked Coun c il for their consideration and said he would be happy to take questions . We can all be very proud to ha ve this fac1ht y in our conununity, he concluded. It is doing a fme job and the neighbors seem to be ve ry much m suppo rt of it and it is a good project for us. Mayor Bums told Mr. Clayton that Council appreciates his work on thi s. a 11 1 quue a yeoman· effort tha t he has made on this facility. It is quite an improvement over what we had there before. he sa ,d . and offered congratulations. Council Member Grazulis asked how long the women with children actually lt,·e there What I thctr average stay? Mr. Clayton said the intention is that they would stay mnety da ys. and dunng that ti me . th e} can save their money, get a job. get their kids in child care and then trans 111on mt o a more pemtanent type of housing. Everyone 's best efforts and best intentions are not always born out m realit y. he all o "cd Once someone comes to the House of Hope. we can't make them stay. The e,penen c ha s been that th e} generally stay less time than that . One of the reasons that the stays have not been a s lo ng a s "e \\Ould h~c . is that we have not had the money to afford adequate case management We have another DBG grant that is funding two case managers that staned in July, and Mr. Clayton felt that \\Ould help. because the e fo lk s can obtain some additional assistance in life choices and hfe skills. He felt they would ta y a hnle lo nge,. so that when they do le.ave, they will be more successful. He did not know 1fthere was an a,cragc . as the} have people stay as short as a week or two and don ·1 like the rules , or the y omet,mes ta y the entire ninet y days . Ninety days is our intention, he said. Council Member Bradshaw asked about the cost of the permits. Mr. Cla)10n said he did not kn o ". but imagined it would be about three and a half percent of the cost of the Job. Our contractor has bid II at S23,000.00, he said, not including the ranks , which are another S6.000 .00, so we are lookmg at about S30.000.00. He did not think the engineering would be figured in the perrrut fee . so he thought the y were probably looking at about S900.00. Director Olson asked, if be were able to find that out tonight, whether it would help them make a deci sion . Ms. Bradshaw said yes, but she did not have a problem with it anyway. City Manager Sears said Council could come back to this issue. Mayor Bums said yes, we have a very full agenda. Ms. Bradshaw said we need to get back to them in a timely manner. * * * * * Mayor Bums said another thing we can do for those who signed on the unscheduled visitors for animal control issues is call them first when we get to the public hearing on animals, since they probably got here early. He s.iid be would continue down the list to see if they wish to speak at the public hearing. Mayor Bums read the following nanxs, all of whom stated that they would like to speak at the public hearing: Mary Hoeft, Stan Munyon, Virginia Saucier, Vernon Tate. Ron Zito, Joe McCue. The last name on the list was illegible and there was no response to Mayor Bums ' pronunciation of the name. Sandra Bartlrn had signed but did not want to speak at all . • .. I • 0 • • l,-• Englewood City Council September 4 , 2001 Page 5 ,/ . • • -' Mayor Bums asked if there was anyone else who wished to address Council. There was no response. 8 . Communications, Proclamations and Appointments There were no communications, proclamations or appointments . 9. Public Hearing Mayor Bums advised that Agenda Items 9 (a) and (b) would be considered in one public hearing . He stated that two public hearings are scheduled, and, after talking with the City Attorney, and since many of those present would like to speak to both issues, he felt that legally we could hold both public hearings at the same time . If you want to talk about the leash Jaw, that is fine , if you want to talk about the number of dogs and cats, you can do that all at once, he advised. COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO OPEN A PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILLS NO. 36 AND 37, AMENDING TITLE 7. CHAPTER IA OF THE ENGLEWOOD MUNICIPAL CODE, PERTAINING TO DOGS AND CATS AND THE NUMBER OF ANIMALS MAINTAINED PER HOUSEHOLD OR PREMISES. Ayes : Council Members Nabholz, Garrett. Bradshaw, Wolosyn Yurchick, Grazulis. Bums Nays: None The motion carried and the Public Hearing opened. All persons giving testimony were duly sworn . Patrol Operations Division Chief Moore, of the Department of Safety Services, advised that tonight , Council had before them two bills for ordinances, Council Bills No. 36 and 37. Council Bill No . 36 deals primarily with the leash Jaw, to put it in the briefest terms, although there are ele,•en actual changes to Title 7, Chapter I A, dealing with animals. and various aspects of the animal ordinances in the City of Englewood . This includes dealing with animal care and animal cruelty issues, among some other language changes in the ordinance. Council Bill No. 37 deals primarily with the issue of the number of dogs and cats that a household may or may not keep in the City of Englewood. Essentially, the language for these two council bills was developed through the work of the Code Enforcement Advisory Committee , in consultation with staff, over a period of several months . What you have before you is the language that is being proposed with some adjustments by the Code Enforcement Advisory Committee. Council is conducting a public hearing to address these two bills. Division Chief Moore introduced in to the record the Proof of Publication of the Notice of Public Hearing, which appeared in the Englewood Herald on August 10, 2001, giving notice to the public of this hearing. Mayor Burns stated that it was not legally necessary to have a public hearing on these ordinances, but Council felt the public would like to have input on them. Division Chief Moore introduced the chairman of the Code Enforcement Advisory Committee, Don Roth, who spoke to the issue of how these ordinances were formulated . Don Roth, 2830 South Sherman Street, stated that he was chairman of the Code Enforcement Advisory Committee, which is a mouthful, so from here on out. we will use the acronym CEAC . He introduced the me~rs of the committee who were present. Present were Bill McCahill, Edna Blair, Bryan DesMarteau, and Ruth Hansen . He said they began in 1998, when the committee was reviewing the nuisance abatement ordinance that was before them and at that time, they became aware of a number of issues in the code that were weak or had ambiguous language . The animal issue section was one that came to the forefront , primarily the issue of the leash law or lack thereof. Essentially, the way the code reads now, the leash Jaw • •;p I • 0 - • • l,-• Englewood City Council September 4 . 200 I Page 6 • •• - is, in essence, unenforceable unless there is an attack involved. Mr. Roth said they kept putting it off because they knew it would be a hot topic. A little over a year ago, Englewood residents Ruth and Ned Steel attended a CEAC meeting to express their concern about weaknesses in the Englewood Municipal Code regarding the humane treatment of animals. They agreed to do some researc h and provide us with some recommendations as to what they felt should be in those sections . He interjected that Ruth Steel wa s going to address Council later, so it would be best to ask her any questions they might have about that. The committee looked at the code provided by the Steels. They also had something else that helped them make the decision to go ahead and address a number of the animal issues at once. That was the fact that , shortl y after coming aboard as the Code Enforcement Supervisor, Dave Lynn began providing CEAC with monthly acti vity reports regarding what was being done by the Code Enforcement personnel. It detailed the numbers in some of the different categories, and b y the time the Steels came to us. we had a yea r 's worth of data to look at, so it was obvious that it needed to be addressed, when it came to looking a t animal issues. We looked at the code, both as pet owners, because a number of us are pet owners. and we looked at it from the viewpoint of neighbors of pet owners. and most of us fall into that category. Bob Moore and Dave Lynn also provided us with the viewpoint from the enforcement side, and Mike Flaherty from the cit y management side. Over the ensuing months, the committee di ssec ted this code, sentence by sentence . phrase by phrase. We did a lot of cutting and laboring at length over individual words, in some cases, o r phrases. The idea was that, ifit made sense, make it enforceable. and ifit doesn't make se nse . ge t rid ofit. Our goal was to more clearly define the responsibility that pet owners have to their pets. their neighbors and to the community as a whole. Council Bill No. 36 is th e result of those discussions, he said . For the benefit of the citizens present , Mr. Roth stated that the Code Enforcement Advisory Conunittce is a group of citizens, who meet on a monthly basis . They listen to input from people s uch as the Steels. who come 10 them with problems. We try to li sten and act on them as best we can. ltimatel y. we are an advisory committee, and Counci l gets to make the final decision. At th is point. Council Bill No. 36 is our ad,·ice . On some of these issues, as the large crowd would dictate , the viewpoints are rather polarized . There are some who feel that an enforceable leash law is unnecessary. Last month there was a yo ung lad y up here showing us the ribbons that she had won from her dog training, and it is reall y wonderful to see that sort of thing. If every dog in Englewood was trained like that, we would not be here . The problem is that thi s is not the case. In order for her to win those ribbons, she and her dog had to demonstrate that they were above average, even when compared to other dogs and their trainers . In Englewood. there are thousands of dogs whose training consists of a rolled up newspaper. The question before yo u is whether we are willing to place that same level of trust on thousands of dogs as we do on these few that ha ve undergo ne all this training. Our monthly c ode enforcement statistics tell us that thi s is not the case . During the first seven months of the calendar year 2001, there have been over 170 reports of constantl y barking dogs, over 600 reports of animals at-large, there have been over fifty reports of animal cruelty. and most di sturbing of all, there ha ve been forty-seven animal attacks reported through the first seven months of the year. These ha ve res ulted in 150 summonses, and over 300 animals have been trans ported to the animal shelter. Last mo nth, the Colorado Humane Society reported to you that they had re ceived 629 animals from Englewood in th e ca lendar year 2000. These are big numbers for any city, especially a city of 30.000, he opined. According to the DMG Maximus report on code enforcement presented in August of 2000. Englewood has th e highest population density in Colorado for cities with a population of over 30,000 people. As new development contmues, that population density is on the rise. Neighbors are being closer and closer together. Englewood is now an urban city and the rural standards of the pa st are no lo nger s ufficient. Therefore, the CEAC encourages you to pass Council Bill No. 36, he said. For si milar reasons, the CEAC o pposes Council Bill No. 37 as it is currently presented, he advised. The actual code that is currently enforced read s that a single residence may house either two dogs or cats. That language is somewhat ambiguous, he felt . A conservative interpretation, which probably was what the original intent was, but it is hard to tell because it was written so long ago, is that the limit was two dogs or two cats. A more liberal interpretation is two dogs and two cats, and this is what has been enforced by the Code Enforcement Division for the last several years. The CEAC unanimously supports this liberal interpretation and we would like to see you amend Council Bill No. 37 to reflect those limits, he asserted. As it currently stands, Council Bill No . 3 7 increases the limit to four animals of any species. The CEAC feels that number of animals in a si ngle yard, especially considering the small size of many of the yards in Englewood, is just too many. Maintaining • I • 0 • • • Englewood City Council September 4. 2001 Page 7 ,,. .. • • - that many animals would be difficult without infringing upon the. neighbors. and noise and odors are probably the primary issues here . CEAC would support a grandfather clause that allows residents who currently have a third dog to keep it , but we would ask that the grandfather clause this time have a starting date , so we don 't have a perpetual grandfather clause like the current regulation . He asked if there were any questions . Mayor Bums asked if the present code is being enforced as two dogs and two cats . Mr. Roth sa,d yes , that is the way it has been enforced for the last few years . and that is what the committee supports. We just want to clarify the language so it says two dogs and two cats . Council Member Garrett asked how he proposes the grandfathering to work . Mr. Roth said. basica ll y. to set a date, whenever this ordinance goes into effect. that the grandfather clause would start then, so that any dog that was living at a residence as of that date would be allowed to continue to live there until it was deceased, at which time they would be limited to two animals . Mr. Garrett asked about someone who moves into Englewood. Mr. Roth said they would be starting with two . Mr. Garrett said the y would ha ve to get rid of a dog if they o"'TI three . Mr. Roth said the y would if they move m after the ordinance goes into effect. Mayor Bums asked if other 11lt'mbers of the CEAC were going to spea k. Mr. Roth said he imagined of the y want to speak, they would do It along with the public . Mayor Bums asked if anyone else from staff or Code Enforcement wanted to speak at thi s time . There wa s no one who wanted to speak. Mary Hoeft , 3689 South Galapago Street, asked if they were allowed to talk about animal cruelty laws, to o. as that was in the flyer that they got. Mayor Bums said yes , and asked that all remarks be kept to five mmute s or le ss to try to accommodate everyone present. Ms . Hoeft said she has lived in the Englewood/Littleton area for her entire life . She sa ,d she is somet ime s referred to as the dog lady by animal control because she pocks up all the strays that she finds and sometimes she needs their help to catch them . She said she calls them from her car. She said she never had a pet until six years ago when her husband insisted they get a reall y bog dog . She learned very quickly from this dog that animals have feelings and emotions , and that all they reall y need besides food. water and shelter. is love . Since that time, she has picked up over seventeen dogs, which she brought home . For those with tags, she contacts the dogs ' owners, and rakes them over the coals about their dog s being loose . For the ones that don 't have tags , she runs found ads in the papers and then proceeds to find them a good home if they are not claimed . This number does not include the ones that have been loose that she ha s simply chased home in her car, she said . That is one of the tricks that she ha s learned over the la st couple of years, that if you just chase them, they might go home and jump over their own fence . This number al so does not include those that she feels are emotionally neglected that , with the owner's permis sion, she visits every day. These include junk yard dogs, and dogs that are chained m yards without regular attention from their owners. I visit these dogs because I feel sorry for them, she said. They may have what the law requires as far as food, water and shelter, but beyond that , they really don ·t have much of a life . This is just to let you know that I care about all dogs , and not just the ones that I share my home with . We never dri ve past any dog that is loose on the street, and I have even picked up one on the freeway. Ms . Hoeft felt that the number of dogs should be raised to four . She said that people who can prove that they can provi de a loving home for animals should be able to take care of more . The way we will prove this to everyone is that all of our animals will be fixed, be up on their shots and in a home where they are visibly being well cared for . This does not mean chained up in the back yard or animals that never go into the house . Ms . Hoeft felt this would go hand in hand with some kind of licensing ordinance . She said she and her husband have been brainstorming for weeks about how this could work, about a grandfather clause, and how will it • I • 0 • • • Englewood City Council September 4 . 200 I Page 8 /" . • • - affect animals that are already in Englewood that are already fixed. These are things that can be figured out as we get closer, but this is the first step in controlling the over population problem. We have to mak e people more accountable if they wish to be guardians of other living creatures. Allowing people more do gs can work. she asserted. if people can prove they are responsible , loving guardians. Regarding the lea sh law, she felt that when out with their owners on the street, they should be on a leash or under voice control. Obviously, the point was made about the dog that was very well trained and most of them are not, but th ey should be able to go into a fenced park and take the leash off and throw the ball. and things like that. Regarding cruelty and neglect. Englewood can lead the way in the fight towards complacency abo ut animals . All too often. I see no water dish, or a drop of water in the bonom of a five gallon bucket . or frozen water. This is where some of that extra money from the licensing can be put towards code enforcement . At the present time , I feel that Code Enforcement has suc.h limited powers, all the y ca n reall ) enforce is the state laws , food. water, shelter and shade . It would be imposs ible to check all th e a111mal on a regular basis . For example, they could investigate a dog. and the owner could say the y forgot to fill th e water today. Two weeks later, the y could say the same thing. How long will it be before the y ca n do something about it , she asked. and make that person pay, or educate them or whatever. Fut of a ll. she opined, we need people out in the field who can drive up and down the streets and alleys and find th e e dogs whose care is questionable . Perhaps it could be volunteers, as thi s is something that I alread y do . he said. Then, we need to make the laws tougher, so when animal control gets to the house . the y a tuall y ha, c some real authority. If it is not just educating people. then the y have to be able to hu them where the y ca n feel it, which is in their wallet. Ms . Hoeft said she considers herself a visionary . I hope for the da y " hen I can drive down the street and not see a dog chained up in the yard , or junkyard dogs that h"e e\'ery da y m the blistering heat or the freezing cold. in a tiny pen. isolated from human conta ct, onl y to be let out at 111 ght into an empty concrete yard, alone again until the next da y when their pathetic hfc sta rt s all O\'er agam . she said. We need to have empathy for these creatures . We need to be aware that the y exist. and there are many junkyard dogs in the City of Englewood . We need to be sensitive to their feeling s. There is no difference between these dogs who have no life , no spark m their eyes because they ha ve given up hope. and the spoiled dogs that I share my house with, except love. This ordinance could give more opportuniue to animals in shelters that arc just waiting for a good home, she said . Ms . Hoelt said she was very excited about the City's decision to take steps toward becoming more humane . She said she loves it here in Englewood and is confident, with people who are devoted to working together and making this an even better city for its companion animals , we will lead the way and inspire other cities to follow . She said she brought pi ctures of the animals that she visits every da y on a dail y basis, which she in vited Counc il to look at. Stan Munyon, 4135 South Cherokee Street, stated he ha s lived at this address for thirty-two yea rs. He sa id he is concerned about the number of cats and dogs . If everyone was as caring about animals as the previous speaker, then we would not have a problem. But we do have a problem, he asserted , and it is a problem they can 't even take care of now. I live in a good neighborhood , he said, with good nei ghbo rs. There are about three cats that run free at night, especially in the summer time . every night. The cats figlll in the front yard, in the back yard and on my patio . Mr. Munyon said he got up at 2 o 'clock in the mornin g to try to run them off so he could sleep . He said his request to Council is please don ·1 make the matter worse than it is right now. He said he does not know what the City can do to take care of hi s problem, and he does not want to tum these people in, and he said he was unsure where all the cats belong . Sometimes people will move away from the neighborhood and leave a cat . When we know about 11. we try to do something, but you don 't always know. Nevertheless, it is a problem that we caMot take care of now. He again asked Council to please not increase the problem. Virginia Saucier, 4165 South Fox Street , said she has been an Englewood re si dent since 1976. She agreed with Mr. Munyon that, to raise the limit on dogs to four. would be horrible. She said she lives in a neighborhood llilcrc dogs bark from sunup to sundown and no one ever controls them. My neighbors have two dogs that they never clean up after, and the smell is so bad we can't even sit on our patio, she said . I have turned it in to Code Enforcement, and nothing has been done, so now I am going to go to the Arapahoe County health dcpartmcnt, because I have a right to sit on my patio and enjoy it without having • I • 0 • • • Englewood City Council September 4. 2001 Page 9 ,,- .. • • - to smell urine and dog feces. People do not take care of their dogs, she said. A lot of people do, and I ha ve two dogs that are like my children, she said, and I expect them to behave. but most people do not. People say dogs arc supposed to bark, but that should only be when they are agitated or a stranger comes into th e yard. Ms. Saucier said there is a cat that goes in her flowerbeds and you can't even stand the smell lon g enough to go out and water and weed them. To let people have more dogs, especially in a city thi s s ize, ,s unheard of. Council has made an ordinance where you have to have two people in the neighborhood 10 complain and do anything. and so many people don 't want to because they are afraid . So how can yo u ge t anything done, she asked. As for a leash law, I have a child who had his lip taken off several ye ars ago b y a dog that was not on a leash . Ms. Saucier said they should be on a leash and not allowed to run free and potty in everyone's yard. She felt that Code Enforcement should have more say, and be able to testify in coun on an animal. instead of their hands being tied where the y can 't even go before a judge and testify as to what they know about the animal. An officer of the law. police officers, go to coun and test ify and she felt Code Enforcement should also. Vernon Tate, 4781 South Grant Street. said he had two questions initially, and the fir st one was answered by the chairman of the Code Enforcement Advisory Committee. This is probably not the place to bring up the other issue, he allowed, and maybe he should be going to the CEAC. It ha s to do with the barking dog ordinance . He said he was curious why that was not addressed in the amendment ofth1s secti on. He said. in his experience, the barking dog situation is paramount to all the other complaints that animal control people run into. I manage some rental units, he said, and under the definitions on the fir st page here. regarding adjoining owner residents, in this case, the propenies that I manage are in a residential area , and inunediately adjacent is a commercial zoning, and, in thi s commercial area is an animal hospital. Aside from treating animals, they also board them. This weekend, they were maxed out as far as the capac it y th at they could handle . I know that because I went over and talked to the owner, he said, and he remembered me because I have taken all of our pets to him When he asked how I was doing, I told him not too good, because my tenants have been corq,laining. Mr. Tate said he told him he would like to talk with him and stt if this could not be kept under control. The owner responded that he must be one of those people who called up and threatened him on the phone. Apparently they had been threatened that poison meat would be thrown over the fence if the dogs were not kept under control. Mr. Tate said he understands that this is the man's bread and buner, but the units managed by Mr. Tate are his bread and buner, he said . He asked for suggestions from Council . Mayor Burns said he was wel come to ancnd a CEAC meeting , as was everyone . That is what they are for . he said. Mr. Tate said he is the block captain on his block, and has literature from Safety Services about Code Enforcement. It talks about barking dogs, he said, and he was just curious about wh y the issue of barking dogs was not addressed in the revision of this Title. Mayor Bums suggested that a member of CEAC might address that, if they are goi ng to speak toni ght. Ron Zito, 4541 South Kalamath Street, said he and his wife moved into Englewood five months ago. O ne of the things they noticed right away was the number of barking dogs in their neighborhood . For th e most part, he allowed, the neighborhood is pretty quiet, except for the barking dogs . He said he asked hi s wife the other night if there was ever a time when they do not hear dogs barking. It is very rare , he said, and we have heard dogs barking from as early as 5 :30 a .m. and after I :00 a.m. We have counted the number of dogs in our neighborhood, and this is a guess, at, within a block and a half, about twelve dogs . Most of them bark pretty constantly. He said he and his wife both like dogs, but most of the people in hi s neighborhood really neglect their dogs. He did not feel it was done on purpose, but most are stuck in their back yards . He said he has only seen one dog in his neighborhood being walked, and that dog has been walked off the leash. One dog out of twelve is not good, he stressed. They need exercise and need to be familiar with their neighborhood, otherwise they are nervous all the time and have a lot of agitation . He said he has talked to two of his neighbors about problem dogs, he said, and called the City to find out what ' I • 0 • • • Englewood City Council September 4, 2001 Page 10 ,/ . • •• - to do. They said he could make an anonymous repon and they would have someone come out to talk to the people . He said he wanted to be neighborly, so he went to talk to the people to give them a chance . One o f those persons actually responded favorably and that put an end to the problem with that dog . Unfonunately, with the other neighbor. that did not happen . One of our neighbors actuall y had three dogs . he said, and it was not the number that he wa s concerned with . When he asked the nei ghbor to do something about the dog, he responded with "what do yo u want me to do , shoot him '!" Mr. Zi to said he feels very strongly that, to raise the hmn to four , 1s a bad move on the city's pan . When people arc neglecting their dogs now, what will doubling that amount cause , he asked . He felt that 170 barking dog repons was low, because most people do not call in, because the y do not want to confront their nei ghb or or do not want to cause problems . Having four dogs in a yard is overcrowding . If one or two dog arc barking in a yard now, what are three or four going to cause'' To allow dogs to be unleashed. he said . 1s courting disaster . We have skunks and foxes in our neighborhood , he said. and he did no t feel do gs hould be unleashed because of those other animals . Mr. Zito reiterated that he did not think the number should be increased at this time . Joe McCue had signed to speak but said he would pass at this time. Ruth Steel , 3416 South Race Street, said she has lived in Colorado and the Denver area all of her life. and has lived in Englewood for more than thirty of those years . She read the following statement : "I enJOY living in the City of Englewood, because it still has the capacity to govern itself and relate to issue s at a humane level, to be responsive as well as responsible . Deservedly. Englewood is a city that has ga med recognition for its civic and cultural achievements . But , as Mahatma Gandhi once said . the greatness of a people can be measured by how it treats its animals . It is because I believe that the citizens of Englewood have a social conscience, the means and the capacity to ensure that its animals are treated intelligently, and humanely, that I come before you this evening . Fourteen months ago. coming home on a well-traveled Englewood street, I was shocked to see a dog , totally isolated , chained to a po st at the side of a hou se, cowering in the dirt by the side ofa tire under an automobile . Stunned by the apparent misery of thi s animal. I drove around the block to make sure of what I had seen . Because I travel this route frequentl y, I checked again on several occasions, hoping to see some sign of human kindness being bestowed on this pathetic beast. Because none was in evidence . I contacted an animal rescue organization, which told me that they had already had many calls about this same ammal. Funher, that since Englewood Animal Control was already involved. I needed to call them Englewood Ammal Control had also had many calls about the plight of this animal. Technically. however, because the letter of the law was being fulfilled , animal control was unable to intervene without a change in the law . All through the fiercely hot summer of 2000, and the cruel winter which followed , the dog was chained to its isolated , miserable. muddy outpost. In fourteen months, at all times of the day and night, I have never seen a human spending time with that lonely, vulnerable animal . Over time. I have learned that a great many dogs in Englewood share hi s c ruel fate . Many municipalities throughout our nauon, including Denver, have outlawed tethering, or continuous chaining. In 1996, the United States Depanment of Agriculture banned tethering or continuous c haining as inhumane and dangerous to the confined dog and other animals . Believing that no animal should be subjected to this kind of abuse, I feel that these practices should also be banned in Englewood . To this end . I subsequently took my concerns to the Code Enforcement Advisory Committee. After having met with that body for many months, I found its members to be courteous, patient and willing to wrestle with the competing interests of complex issues that are brought to them. I have also learned that the citizens of Englewood are extraordinarily well served by outstanding Code Enforcement Depanment officials . Chief Bob Moore and Code Enforcement Supervisor Dave Lynn are intelligent, well-informed, even-handed , fair - minded, knowledgeable public servants. They not only understand the law, but they are also dedicated to protecting the rights of all of Englewood's citizens, while responding to the concerns of the community. I want to take this opportunity to thank them for their accessibility, their responsiveness and their professionalism. which helps to make this a pleasant place to live . In life , there is no constant but change . Englewood, for better or for worse. is not exempt from the trade-offs necessitated by gro\\1h . Perhaps its least-palatable aspect is the increasing need for the rules and regulations which we all view as loss of individual freedom . Government did not create these problems. By denying limits to growth , we created • I • 0 • • • Englewood City Council September 4 , 200 I Page 11 • • - them ourselves, now we have to pay the piper. Some rules which govern our community and which are responsible for keeping the peace will have to be redefined to do just that. govern and keep the peace . In this instance, for this evening, we are talking about common sense and preventive mea sures , which address the needs of an entire community. Determining the number of pets per household is a sticky wicket. but reasonable . In addition to companionship and socializing, animals need adequate space in which to exercise and move about freely. In a city it is often difficult to provide them with that space . Consideration for the animals and the neighbors is critical to any decision about the numbers of pet we have . Tethered animals, and animals confined to small. fenced yards, become lonely, bored and anxious when they are left alone for protracted periods of time . It is my undersianding that Englewood has the highest incidence of mail carrier bites of any municipality in this area . This is not because the dogs are bad, it is because their caretakers have placed them in deprived , lonely and vulnerable positions . When their space is invaded . they feel threatened . They defend themselves and their territory. The jokes about herding cats are based more on fact than on fiction . Cats like to do their own thing , at home or abroad . When they are abroad , the neighbors don't like it. I am a dog lover, and a cat lover, but I have learned to be realistic about responsibilities implicit to being the carelaker. Laws must be realistic , too. Adopting a leash law in an ever more crowded city is essential to maintaining health, safety and peace. Virtually all of the surrounding municipalities have leash laws . It is regret1able that children and their dogs. even when perfectly trained. no longer run free in the parks . Unfortunatel y, the exponential gro,-1h of human populations has eliminated many options which we once took for granted . Appropriate, humane , healthy and protecti ve care, housing and maintenance of pets , specifically dogs and cats . should be a no-brainer. replete with obvious truth. Unfortunately. however. in all communities, mcluding Englewood , there arc people wh o are ignorant of, or insensitive to. their animal's needs . or who do not care enough about their animal s to treat them compassionately and humanely. There is an irrefutable connection between neglect of and cruelty to animals, and the public interest and the public safety . If all individuals acted out ofa sense of public interest, common sense , compassion. good citizenship and mutual respect, regulations and code enforcement would not be an issue . It is a privilege to live in Englewood . It is a privilege to share our live s with companion animals . All rights and all privileges are accompanied by responsibilities . It is our right and our privilege to communicate with our public officials . It is our right and our privilege to panicipate in the legislative process . To this end. I respectfully urge the adoption of the code changes proposed by the Code Enforcement Advisory Committee . Meanwhile, the wretched animal on Dartmouth, referred to earlier. is still chained to his miserable . vulnerable existence of endless neglect, isolation and loneliness. Such cruelty should not be tolerated in this caring, progressive community. It is my hop.! that, in the ne ar future , the Englewood Code Enforcement Advisory Committee will recommend that City Council outlaw the barbaric, inhumane, urmecessary and intolerable practice of fulltime chaining . The compassionate treatment of the animals for which we are the guardians and carelakers should renect that care . Humane treatment is the responsibility implicit to the privilege of having animals . Meanwhile , as a communit y. I believe that we are capable of making these difficult, necessary and irnponant changes .,. She thanked Council for the counesy of their attention. John Grazulis, 4489 South Lincoln Street, said he would not take a lot of Council's time , obviousl y there are many people here this evening. He said he did not want to galvanize the group one way or the other, any more than they already are . He stated that he sometimes wonders, however, ifwe are dealing with an animal control issue or are we dealing with a government issue. Former President Ronald Reagan used 10 say that the best type of government is one that intrudes the least. Having been the victim of an animal bite several years ago, he said, I can cenainly relate to those who are in favor of a very strict leash law . He felt that some son of leash law should be enacted. He wondered, however, whether Council Bill No . 36 is that law . It seems a bit restrictive on those who are responsible, he said, and unrestrictive for those who are irres;,onsible . Regarding Council Bill No . 37, he reiterated that the best type of government is one that interferes the least. Kirstin Grazulis, 4489 South Lincoln Street , said she was present to talk about the leash law . Some of her friends have dogs that do not go to trainers, she said, but they train them themselves . She said she believe s • I • 0 • • -• Englewood City Council September 4, 2001 Page 12 J . •' --· • • - they are very well trained. She presented a petitions with names of persons who would not want the lea sh law passed. Mayor Bums said the petition would be made a pan of the record . Ms. Grazulis said she has won several ribbons with her dog. She said she would hke to put her dog through agility, which has them completely off leash. where they go over jumps and through tunnels . She presented a video of herself and her dog showing its training. At the conclusion of the video. Ms. Grazuhs said . for some of the responsible pet owners in Englewood, she would like to have the opponunity to try her dog off leash. Kevin LaPrise, 2931 South Clarkson Street, said he has lived m Englewood for eight years. havmg n10,·cd here from Denver. He said his neighbor acquired a number of dogs a couple of ye ars ago . This ha s ranged anywhere from two to ten dogs or more, because the woman who was livmg with him was ra1s111g Pomeranians. Pomeranians are a very unique dog. he said. They are very cute and lo\'eable. but ,f yo u have ever heard their bark late at night when you are trying to s leep. it paints a very meniorable picture . They are not so cute to me anymore, he said. For about two years. my wife and I listened. he sa id . and there were times when you could not hear ten seconds go b y without a dog barking in the neighborhood. He said his attempts to contact the neighbor were met with puzzlement and saying that the y would take care of it. Last year, the dogs were gone because the woman moved away. This year. she is back 111 the neighborhood, not living at the house but the dogs are back, he said. When we heard these dogs agam after two years of grinning and bearing it , he said, I decided to call the police this time and not remam anonymous. The police have been excellent, he said. and very responsive. and Code Enforcement has been very helpful. The dogs do not get regular attention, and the smell of the dog fece s is terrible at mght "hen you are trying to sleep. Being woken up anywhere from I :00 a .m. to 5 :00 a.rn. with a dog barking ,s stretching me to the limit, he said. All it takes is about five seconds of loud barking and I am up, he said. The owner will whistle the dogs in and the barking stops, but meanwhile, I am awake . What these people do not realize is that they are training the dogs to bark, reinforcing it. They bark at squirrels and people on the other side of the fence . Mr. LaPrise said his neighbor now has to go to coun, and, whether he plead guilty or not guilty determines where he goes for the next round. In talking to Code Enforcement , I understand that what can happen is that the owner of the dog can either be slapped with a fine. probation, and, if it happens again, another fine or probation. Mr. LaPrise said there does not seem to be any teeth in code enforcement. He said the house he owns now is the biggest and most expensive house he has ever owned, and he is not rich by any means. He was really saddened to learn that his neighbor next door is th e kind of neighbor that he is, because he does not care, and there are people in th is commumty who do not have a clue about dogs. They don't know how to raise them, train them or how to respond to their neighbors. He said he hears more and more dogs barking with each passi ng month during the summer. He asked Council to please do something about that, and put the bite in the laws. He urged Coun ci l to please consider not raising it to four dogs. There are too many people who do not understand how to rai se and take care of dogs , he said. As a side question, Mr. LaPrise asked if we are allowed to have chickens in Englewood . Mayor Burns said not that he knows of. Mr. LaPrise said he asked that question, not to get a laugh, but because he has a neighbor across the way who has chickens. He said he spoke to Code Enforcement and was told that farrn animals are allowed. Mr. LaPrise said he has chickens and dogs in his neighborhood and asked Council to please do something. He said it would be good if Code Enforcement would conduct some mediation between neighbors. He said, in his case, his efforts to communicate with his neighbor have been unsuccessful , and he was afraid to take a stand with the police, and is still looking over his shoulder, because you never know what people are going to do. He also suggested that if people arc cited for a noisy dog, that they be asked to go to a dog training seminar. The people that I live next door to, he said, do not understand what it takes to keep a dog under control. He thanked Council for listening. • I • 0 - • • -• Englewood City Council September 4 , 2001 Page 13 . I ,,.-. • •• - Frank Martinez, 4600 South Inca Street , said he has known Council Member Bradshaw smce she wa a linle tiny girl. He asked if we have a leash law or not. If we do , wh y don ·t the y enforce u. and 1f "e ha, ca dog catcher in town, what section does he go to ? We never see him in our ne ighbo rh ood. he aid . Everyone says we have dog catchers , but I have never seen one . Do we have them or don't we . he a ked . My main complaint is people who let their dogs and cats run loose after 11 gets dark . I live n ght on th e comer and am real proud of my house. he said, but every day I have to go out with a sho , e l and clean up the messes , and that is not right. Mr. Martinez said he is all for having dogs, but wh y let them ou1 at nig ht . We are old folks, he said, and we sleep nights and get up late . We are all retired in that neighb orh ood . and we don 't like to have dogs running around and mes sing up our yard s. I am real proud o f my yard . he said . and I like to keep it nice . lfwe have a leash law, let 's enforce it , he asserted . and ifwe ha,·e a dog cat cher. have him out in our neighborhood once in a while so we can see him and point out some o f th os e dogs. because they are not being controlled . Mayor Burns called for Phillip Wanc zyk to speak . He was told the Mr. Wanc zy k had already left. Katherine Fischbach, 4425 South Acoma Street. said she has lived at that address for over fift y years. S he said she has a dog and likes dogs. but ha s been anacked about three times in the last year while walkin g her dog in the park . It is preny frightening , she said. Her dog sta ys on a lea sh and she feels there should be a leash law. Regarding the number of dogs, she said she would give an example . She said she lik es her neighbors on the south and they have a mce dog. but they kept another dog for three weeks thi s summe r. The smell was atrocious , she said . She a sked if Council could imagine what II would be like ha vin g three or four dogs in a yard . She said sh e watched the movie that was just shown and did not understand the connection between that and what we are talking about , whi ch 1s how man y dogs we should have and abo ut a leash law. She said she has taken her dog to training . She said she is trained but the dog is not trained and she is really against having more than two dogs and wants a leash law and she want s it enforced . Beverly C ummins, 3048 South Acoma Srreet, said she and her mother have lived at that address for three years and have neighbors who have dogs . We had to call the police earlier and complain becau se when we complained to the neighbors , all the y said was dogs are supposed to bark . When the kid s are out, they are supposed to bark, and if they are in, they are supposed to bark . She said her grandson called and said enough is enough and the police did come out and take very good care of it. She said the dog s still bark . every once in awhile, especially when they are gone on holida y. She said the y lea ve the neighbors to take care of them which isn 't very smart because the y are still in the house barking all day long . Ma ybe the y get out in the morning and at night , and that is ti. Ms . Cummms stated that her concern 1s the abu se of the neighbors, not the dogs . She said we neighbors have to put up with thi s and it is abu sive to us. Al so . th e children around there are stepping in dog feces in the yard, because people will let their dogs go at night and you don't get out there fast enough to pick it up before the children are out playing . Also . you are awakened , and you can't get back to sleep . Ms. Cummins said there. should be a law agamst people ha vmg to put up with other people 's dogs . They don 't hear it , they must not , they don 't care if the y do and it's dangerous to the children also . She noted there are eight dogs within a half block from her hou se to th e south . The children have chased the animals out into the street, and two of the animal s have been ran over. she said. One of them wasn 't killed but the little kitty was. She said the duplex next to here has a famil y of two, but there were four dogs and two cats at one time . Now they ha ve at least gotten down to two do gs . but the in the next house , there is one great big Rottweiler and that dog barks constantly when the y let it out. She said it is not fair. because you can 't get back to sleep once they wake you up . Ms. Cummin s said if it was up to her. they would have one of each and that would be it. Ms . Cummins thanked Council and hoped they would not let anymore in . She felt we have enough to worry about now . Rhonda Gramer. 3072 South Gilpin Street, stated she is a dog owner and has two small children . Ms. Gramer said she likes to go to the parks of Englewood and the open spaces and always takes her do g on a leash . She said she is very concerned about the safety of her children. herself and her dog . There ha sn 't been a time in recent memory when I have gone to a park in Englewood. where I haven 't had dogs. that arc • • I • 0 • • • Englewood City Counc il September 4. 2001 Pa ge 14 ) . • • - not under reasonable control, run up to my dog. anack my dog. or almost knock my children ove r. she sa id . I've seen dogs urinate on the playground equipment and rm very concerned . What brou ght me here tonight is an incident that happened two weeks ago when I was walking in Packy Romans Park on a Monday, at 9 :30 in the morning. she said. and I had my dog on a leash . Fortunately. I did not ha ve my children with me . There was a man there who had two dogs . They were not lea shed . th ey \\ere not under reasonable control and the y ran up to my do g. Ms. Gramer said she asked the man if he cou ld reaso nabl y control his dogs . He began to scream at me , she said, using profanity and calling me names. She sa id he was concerned for her safety. She requested that Council consider the lea sh law 10 mak e all of th e c 111ze ns of Englewood safe again . Ms . Gramer thanked Council for their time . Kevin Gramer, 3072 South Gilpin Street, noted his address is actually in Denver. four houses nonh of Englewood . Mr. Gramer stated he lives in Denver and work s in Den ve r. down on Ca pital Hill adjacent to the Governor"s Mansion, at the Grant-Humphries Mansion . He sa id it is in th e middle of a park . one of our beautiful parks in the Denver Metro area . Mr. Gramer stated that he and ha s wife go to Pack y Romans Park. We call it mushroom park because it has mu shroom shelters. he a,d . We hke 10 go there because it 's so close to our house. only a couple of blocks away. Eve ry lime we go 1J1ere . he a,d . th ere are difficulties with other dog owners who do not keep their dog s on leas he s . Mr. Gramer sa id he has a five year old and a three year old, whom the y are very concerned about. because of their safe ty and because o f the animals that are running loose . He said when he goes to work at th e Gra nt -Hump hr ie s Mans ion. "h1 c h is in the middle ofGovemor·s Park, he doesn't ha ve to worry ab out dogs running up 10 ha s cl ul drcn. a t lea st for the most pan. Sometimes people leave their dogs off their lea she s. but not very o fi en. I-l e aid he ha s worked there for twelve years now and the situation is only ge ning bener. because we ·re concern ed . He said it is more pleasurable to go to the Grant-Humphries Mansion and to Govem or·s Park . whi ch ha s a playground facility , than it is to go two block s awa y to Pa cky Roman s Park . He said he wished that bot h parks were equally safe , that there were lea sh laws in both communities , because we have such beautiful parks in this area . He said if every dog was lik e the young girl's dog that was here earlier, he wouldn"t have a complaint tonight. He added everybody could have their do gs running everywhere or al their conunand, but that"s just not the case . Linda Case , 4999 South Sherman Street, said she ca lled Arapahoe Count y six months ago and they said you allow three dogs in the City of Englewood . She stated she doe sn ·1 care about the founh dog, we ha ve three dogs , our German Shepherd, and two miniature Collies . They saved my sister one night from getting anacked in our house. lfwe didn "t have those dogs. we could be dead , she asse ned, because I was in th e kitchen . My nephew lived in th e basement and he could be killed and nobody would ever kn ow if we were killed . I'm happy we have our three dogs to protect us and that's all I ha ve to say. Carl Kingsbury, 2865 South Acoma Street, said he grew up here , and hi s father worked for the City, but he is not an employee of the C ity. My neighbors ha ve fifteen ca ts and two dogs, he sa id . I called Code Enforcement and I was told that I could trap the animals 1fthey ca me on my propeny. he said . Well , I'm not a paid employee so I don 't know why I should be re sponsibl e for enforc ing the Ci ty"s codes. I took hi s advice and did it anyway, he said, and took the cats down to th e sheller by the Se rvicenter. They released the cat to the owner and told the owner that I trapped the animal. Now I ha ve problems with my neighbors , thank you. He opined that all people should be limited to the number of cats and dogs they have . I-le said he ·s a dog owner, but ifwe are going to have codes and laws like these that yo u are considering, then we should enforce them and the City employees should be responsible in enforcing them . Mr. King sbury thanked Council. Mary Hoeft , asked if she could say one more thing. Mayor Bums told her that we usuall y ha ve one bite at the apple here and Ms . Hoeft said this is not for the record . She faced the audience and spoke to them briefly regarding dogs at risk . Mayor Burns advised that the hearing could not be conducted thi s way. He thanked her and continued on with the hearing . • I • 0 • • Englewood City Council September 4, 2001 Page 15 • • - Irving Bennen, 4040 South Inca Street, stated that dog is man 's be st friend and dog's be st friend is another dog, so I've got two of them . He said the problem with dogs is the fact that you are dealing with rights and so many times ordinances and laws have to do wi1h whose rights shall pre vail. Shall we smoke or not smoke, shall we put the Ten Commandments up or not ? He stated that the number of dogs or pets that should be allowed would depend on the neighbors, so. if it is offensi ve to the neighbors . ma ybe one dog could be too much and , if it's not. maybe ten would be fine . Mr . Bennett said. in regard to barking, dogs are territorial. He said none of his dogs stay out all day. I just take them out for a walk or to do their thing . he said. Every dog that is outside will bark continually when somebody walks by. He felt the problem was , why do people leave dogs out . If they didn 't leave them out. yo u wouldn 't have that problem . Maybe we ought to have an ordinance saying let's keep dogs in. He staled one other point wilh regard to dogs, if they're out all the time and if yo u understand dogs are pack ammals. the y have no pack leader when they are out and this is the biggest problem yo u have with dogs, no pack leader outside. The owner is the pack leader, and if he 's not around . yo u ha ve a problem . Terri Wans, 4338 South Galapago Street, said she and her husband came here tonight because it so unds like we are one of the three people around here who don 't have a problem with our dog, he doesn 't bark . She said he is a German Short Hair and she takes him every single da y to the greenbelt. which is below Radcliff at the end of Galapago Street, and it runs really far to the east and wesl. She stated she walks him there on a leash, and when they get to the park, she takes him off the lea sh and throws him hi s ra cque1ball . Ms . Wans said she is concerned, when she hears so many people say dogs are barking. Even 1hough we give them all the love and anention they need, a dog that doesn't run is going to be a neuroti c dog . She said her dog never barks. and he runs every day for an hour in that park , sometimes for two hours. I hit th e ba II and he runs for as far as I can possibly hit it , and he is exhausted when he comes home . She sa id 1 • ,·e been doing that the year and a half that we've lived here . She said she never sees another dog in the greenbelt . It is just us , every single day, she said . If people walk in and they have children, I always take the ball and with a command I bring him right next to me so he won't go there. She said she asks if the y like dogs. and when they say yes, he Just comes up and he does this linle shimmy. He 's really loving and friendl y to people . She stated that she would probably have to move ifwe get a leash law that says there is no publi c recreation area . Also. she said, that is what bothers me about Council Bill No . 36, because yo u say ii has been proven that a voice command is inadequate . I hear all the concerns of the people, but th ose of us wh o know what dogs really need, know that they need exercise and not just in their yard . Ju st to walk a yo un g dog on a leash is not enough exercise. It is good for an old dog. but thi s 1s a yo ung dog. he 's Ju st barel y two . If you decide to have a leash Jaw, I hope there 1s some amendment to It to allow a public re creati on area like Chatfield Reservoir. It is a dog park and everybody can go and Jet their dogs off le as h . ual ly. people with aggressive dogs don 't go there , she said. Our dog ha s been anacked twice by bad dogs who are off leash, but I just quiver and fear when I think that there is not going to be any public place I ca n walk 10 with my dog, so he either has to be kept inside or just in a yard. lfwe keep say mg that 's not good enough for dogs , she said, then there should be a public place in Englewood, or severa l, where dogs ca n be off leash. People who are afraid, who have bad dogs, or have children that the y're worried about , perhaps, will go to the other parks that are not dog parks . But to leave us with nothmg, is a disservice to the dogs and to the pet owners in the area, and it actually will increase bad behavior and lots of barking. Dean Glenn, 2704 South Delaware Street, felt that , more than barking dogs, even more than lea shed or unleashed dogs, the issues that concerned him in these proposed ordinances , dealt more with the indicati on that it wasn't that the City Council wanted to control its citizens, but to help and serve them . He said ifwe all look closely at Council Bill No . 36, it turns all these actions or offenses into police actions, not animal control or code enforcement actions . He stated that every reference to animal control officers is removed . Mr. Glenn said it sounds like we have one area between 4400 and 4700 south and from Broadway to Inca that there is obviously a problem, and that seems to be where ten or twelve people, who have spoken tonight, live and that seems to be confined to that neighborhood . He said if we 're all concerned about the animals, and anyone who owns pets is concerned about the welfare of their pct, then let 's show some concern by enforcing current Jaws and not gening the City more involved in enforcement issues that the y really shouldn't be involved in . • I • 0 • j Englewood City Council September 4 , 200 I Page 16 .. ' • • - Barbara Fout, 4185 South Huron Street. said she would only take a few minutes of the Counci l 's time. and thanked them for having this public hearing . She recognized that Co uncil did not ha ve to go through thi s. and expressed appreciation for being given the chance to give some input. She said she is a third generation citizen of Englewood, and is real impassioned about Englewood . It is a fine place to live. and II is a fine place to raise your family . Some of those family members include yo ur own animal s . Ms . Fou t encouraged Council to focus on the problem. as it seems that we ha ve enough rules on the boo ks . If "e JU St organize the rules and enforce them, we don't need to create more legislation . she said . Let's address th ose issues that are in violation. including improper care. abuse and neglect of any animals anywhere Mihm the city limits . Let's not mandate proper care by those ofus that are already doing proper ca re . Please consider letting Englewood residents govern ourselves, as I believe we are capable of doing. s he said . Do not create more government, just enforce it more effectively. Leroy DaVault. 3291 South Emerson Street. said he has lived in Englewood for sixty yea rs . He did not feel it was a matter of how many dogs you had. but how you take care of yo ur dogs . that counts . He said he had a dog that got cancer about three years ago and spent almost four thousand dollars on that dog . He stated the dog is still alive . Mr. DaVault favors raising the limit to four dog s. The dogs yo u have should be taken care of. that is where the problems are . it is the 0"11er not the dogs, he said . Jackie White, 1071 West Oxford Place , referred to the Englewood Ci ti ze n and began with number o ne . which discusses the amount of dogs . She said she has two and has never had any more than that. She described herself as a responsible pet owner and. if s he chose to have more, she would like 10 ha ve th e ability to do that. She said she favored the higher limit of four . As far as the cruelty to annnal s. 11 sound s like we need Code Enforcement to be able to do their job. There have been complaints in my area in the past where I did call on a dog, she said , because it was not fenced . It came over and attacked my dogs . which were on a leash. She said they wouldn't do anything about it , and we need to give them the power 10 do something. Because of the cruelty to animal s. let 's fine the 01mers . or do whatever we need to do, such as take the dog away from them. and let them be adopted by somebody that does love them. Regardmg the leash law, Ms . White said her dogs are usuall y on a leash when she walks them. They ha ve been through obedience training, but still cannot be trusted when the y see another dog that they are mt e rested in. or a squirrel. or whatever. She stated they're going to take off. for the mo st pan. so she keeps her dogs on a leash . However, ifwe are going to have a strict leash law. I agree with the lad y who was up here before. she said, who stated that we do need to have somewhere in Englewood that we ca n tak e our dogs in a fenced area where they can run. She said she really did not want to dnve clear out to Chatfield to do that or down into Denver. She said that is something that needs to be taken into consideration. With re ga rd to licensing, Ms . White said that, if you have responsible pet owners the y are going to li ce nse their pets. so s he did not think we need another law on that . Donna Johnson, 3145 South Cherokee Street, addressed the number of dogs permitted. We could ha ve an encyclopedia full of laws and ordinances regarding animals, s he said, and there are always going to be some owners who are cruel to their animals, but most of us are responsible. She said that, because of so me of the stories in the papers, especially the woman who was beaten in Littleton, she ha s been thinking about getting a third dog . She said that was her decision to make and did not feel it was up to the government to decide whether or not she could have a third animal. She said she specifically listened to the chairman of the Code Enforcement Advisory Committee, who stated that maybe we should have a grandfather clause, stating a specific date to get rid of the third dog. She asked what date and which one of her animal s to get rid of. She stated she is strongly in favor of four animals per hou sehold. Ms . Johnson stated that she ha s listened to other citizens complaining about barking dogs . That ha s nothing to do with the amount of animals per household. She said there is an ordinance out there that could be enforced by Code Enforcement. Ms . Johnson addressed cruelty to animals, where it mentions shelter. and water containers . She asked if the Code Enforcement Advisory Committee was going to patrol that . She said they would have to add definite staffing in order to enforce that . You arc always going to ha ve that handful that are cruel to animals, and don 't give their animals water, she said, so I think that, unless we want to get o ur • '.) I • 0 • • • Englewood C ity Coun c il September 4 , 200 I Page 17 • • - taxes raised , maybe we should not even consider that . She stated the next issue is animals on a lea h. Ms . Johnson said she does not drive, but does a lot of walking in Englewood . She said she has never been approached by a dog al large . She opined that 90% of dogs at large are out because the y got out of the yard and the owner does not know anything about it. About a month ago, she said . my hand y man let my dog out. He was gone approximately sixteen hours and got hit by a car and almost died. She felt that a ll she would have needed was Code Enforcement to come and knock on her door and let her know she was in violation. Responsible dog owners will put their dog on a leash, she said. and she felt animals should be on a leash in a park. She did not think it was that much of an issue and was definitel y opposed to it . Finall y. she addressed the licensing issue . She stated she has two dogs and one cat . and all of her animal are licensed. Unfortunately, when the first of the year hits. we all come up with the same conclus ion that \\C have to license our animals . However, sometimes medication or other critical expenses come up and eventually we will get our pets licensed. She said again. she did not feel that it is up to the Ci ty to tell her when she should license her dog . Lin Tiffany, 4190 South Huron Street. stated that she is an animal lo ve r and has dogs that she lo\'es \'C ry dearly. She said she has Dalmatians and works with the Dalmatian Rescue League, she fo sters dogs . and helps place them. The dogs are all adopted dogs. one of them is deaf, and a car hit one of th em. She sa id a family kept one of them in the closet and had him on drugs . If it were not for me . who kn ows where these dogs would be, more than likely they would have been destroyed . Beyond that , she said, I've heard a lot of talk about the irresponsible citizens. 1 am a re sponsi ble citizen and 1 am fortunate enough to hav e a large home and a large yard. She said her dogs are in the yard. inside at night, have lots of room to run and the y don't bark. She said she asks her neighbors if her dogs are bothering them, because she wants to be a good neighbor. I also walk my dogs almost every day and I alwa ys carry a baggy with me, she said. and I am proud of the fact that I am able to take care of these dogs . She felt she should not be hmited in the number of dogs because, if she needs to foster dogs or care for ones that are abused, she would like to have that opponunity. The issue at hand is irresponsible dog 0\\11ers , those that let their dogs bark at night , and th o e that don ·1 keep them controlled on a leash. She said the issue is not those that are responsible owners. it is those that don't know how to care for their dogs . She asked Council to address the underlying problem. not just the s~tom. Pumsh the abusers not the true lovers and caretakers of animals, she concluded. Judy Wallace, 530 East Amherst Avenue, stated she has lived in Englewood for thirteen years . She sa id she supports having a leash law as part of the Englewood City Code . She said she 0\\11S two neutered Shiatsu dogs, one male and one female . She stated that on October 15. 1995 , her male dog was attacked b y an unleashed German Shepherd m Bates-Loga n Park . Later that evening. it was apparent that he wa s und er extreme stress, so she took him to the Central Animal Veterinary Emergency Hospital. She said he "as treated for trauma and a lacerauon to hi s le g. The next day he was taken to her regular vet for a follow up nsil, and she detemuned that he was still m shock . He had not eaten or drank anything for ove r twent y- four hours and he was havmg pain m his ne ck. She said he was shakmg so badly that the vet sat on the Ooor with him to perform the exam. Ms . Wallace said the vet ordered presc ription dog food that had to be hand fed to him so that he wouldn 't get dehydrated . Two days later she checked him again and determined he wa sllll havmg pain in his neck . The dog would not go into that park for over two months after that attack and to thi s day he 1s still frightened when another dog approaches him. Ms . Wallace slated , when the attack occ urred, an Englewood police officer witnessed it and gave the owner a ticket for having her dog off leash. At that lime , there was a statement in the Parks and Recreation Department 's brochure that . ammals m parks must be on a leash , and the signs entering the parks also had that wording . She said the non-t'mergency police department told her that she should call them anytime she wanted an oflicer to come 10 the park , and they would do the same thing . The last time II happened , the police officer approached th e fi"e owners who were letting their dogs run freely . They challenged the police officer on the quote , sayi ng that they had contacted Code Enforcement and they were told that there was no s uch thing . It did tum out that there was no longer anything written down in their brochure. The signs have been changed and the brochure now reads animals in parks must be in reasonable control. The next day, Ms . Wallace contacted Code Enforcement and learned that this brochure actually is something that Parks and Recreation puts out. and does n ·1 really have anything to do with Code Enforcement that the City can enforce. When she asked • ) I • 0 - • • -• Englewood Ci ty Council eptembcr 4, 2001 Pa ge I •,, • • - the pohce officer what her options were, he said she had none, and if she was afraid to come to the park. she should just stay out of it. Ms. Wallace feels that reasonable control is open to too much interpretation by the animal owner. and is ineffective at the least and dangerous at the most . She said her dogs are about the ize of a small baby. and wondered how you can be sure your dog will know the difference the next time a small baby is crawling on the ground. She said, in resea rching this topic , she came up with hundreds of communities that have an enforced leash law. If you read the Denver Post today. you saw the li st of our surrounding communities that have leash laws . The American Animal Hospital Association state s in their anicle that a community approach to dog bite prevention allows that animal control office rs should be able to enforce leash laws . She also said The American Kennel Club endorses leash laws . She stated that , in one anicle she read. the officer took the soft approach and carried inexpensive leashes with him and he approached the owners with that as a first warning. Ms. Wallace is in agreement with the people who want a dog park. She feels there are many reasons to keep your dog on a leash when It is not on your own propeny, for the safety of your own dog and any other dog it may encounter, for the sa fet y of o ther people and for the safety of wild life such as when dogs chase squirrels and rabbits. She said she was not saying that young girl shouldn't have a place to train her dog for show or that the owner of a German Shepherd shouldn't have a place to let their dog run, but there are several big dog parks in the metro area for that purpose. She said one is as close as Washington Park, and it has Doggy Beach Day at specified times. M s . Wallace felt that her taxes should go for the greater good for the community and its people. If I am afraid to enter a park because there are loose dogs then my rights as a citizen are being denied because I'm being denied access to the very parks that I have paid for, she said. In conclusion, Ms . Wallace urged the City of Englewood to pass a leash law to ensure that the City code would be amended to include that law. to allow the enforcement officers and the Code Enforcement office to enforce the law, and to work on des ig nating one of the many parks in our community as a dog park. She expressed appreciation for all of the stateme nt from people who are against these things because they are responsible dog owners. It is like the people who go to therapy are not the people who need to go to therapy, just as the people that are here tomght arc not the people who need to be here tonight. The people that are here tonight are responsible dog o wners and whichever way they feel about this, I appreciate their being here, she said . Janet Wallace, 530 East Amherst Avenue, voiced her suppon for the leash law in Englewood. She said s he has two small dogs, which are walJced almost every day, and they are on a leash . She said. when she goe to the park, and sees dogs that are off leash, she prays, not only for her dogs , but she is also afraid for herself. We have all read about dogs attacking, and sometimes killing. small children. Cons 1denng the number of other city, county, state and federal parks that have leash laws, it seems reasonable and prudent for Englewood to have a leash law. not only to protect our pets, but to protect our children . Mayor Bums called the names of Maybelle Goetz, Manha Warren, Vic Pankoski , Agnes Pank oski. Mary Secor, and Mike Hoeft. all of whom had already left . Jeanne McWilliams, 3795 South Grant Street, said she was really glad to see the dog situation being addressed. If you've listened to these people, you know there are a lot of parts to this . She said she first wanted to talk about the number of dogs . In no way do we need to allow more dogs per household. s he opined. Englewood has small lots, and if you figure four dogs for a small lot, that is just really pushing the envelope . She said she was very involved with a political campaign last fall , and the district went from Broadway to Cherry Creek Reservoir, and from Old Hampden to Arapahoe Road . She said she and her group walked the entire district, and she was primarily working Englewood. By far, Englewood was the most difficult area to walk because of dogs at large, she stressed. She said she saw families that had over five dogs in the yard. We could not approach doors because the dogs were coming off the porch, and we were all in agreement that Englewood had the most difficult situation with dogs, and too many of them. Dogs make messes, and the rule says it has to be cleaned up within twenty-four hours. Four dogs, within twenty-four hours , could get pretty messy, she said. She agreed with Mr. Roth about the leash law. Very few animals are trained well enough to be under voice control. That young girl obviously spent a lot of time with her dog, but most people run home from work and they arc out the door. there is no training. Additionally, I do a lot of walking in the greenbelt by Little Dry Creek, and other parks, and if I see a dog • I • 0 - • • Englewood City Council September 4, 2001 Page 19 •,. • • - out in the middle of the field, I do not know whether it is under voice control, when he is on one end of the field, headed towards me, and the dog owner is clear across the field . I can't even tell if the dog can hear the owner, so it is frightening. Also, we need to think about the fact that the codes need to be enforced. Ms. McWilliams said her family has a young cousin who is developmentally handicapped, has cerebral palsy, and the dog next door became very threatening . Every time he tried to leave his home and get into the car, and he is very mobily challenged, this dog would come into his yard and threaten him. When his mother called Code Enforcement, he could not do a thing about the neighbor, but told her she needed to trim her bushes. We need the leash law enforced, she said, and it needs to be enforced everywhere. Another thing she said she was worried about is that there are dogs on their 0\\'11 front lawn. When you are walking down the street, they come off their yard on to the public street, after you . She asked if the ordinance addressed this . She allowed that it is not a public park, but they do get into the public street and she said she would like to see that addressed. We need to also address barking dogs. which most people have already spoken about. We have more dogs in our neighborhood than we have people, the y bark all night long, and she said she would not get up in the middle of the night and call the pohce about it . It is not an emergency, and she did not feel like bothering the police, and you certainly do not want to fight with the neighbors. It really is something that needs to be firmly addressed. she said. There are rules on the books about removal of dog excrement, but it simply is not enforced now. She felt there should be more teeth in the laws, and really make it enforceable. It is posted at the parks that you need to pick it up, but it is so bad at the greenbelt over behind the high school. she said, that I can not allow my nieces and nephews to roll down the hill . It says that it must be picked up within twenty-four hours on private property. but what if it is your private property, but it is your neighbor's dog. She said she uses the shovel before she mows the lawn, and she doesn't even own a dog. She said those are some of the things she would like to see happen, and she was really glad to see this situation being addressed. Errol Nixon. 1552 East Girard Place, said he was going to be brief because of the intelligence of all of the speakers that we have had tonight. He said he knows they are intelligent, because they have expressed a lot of his views. It is unfonunate that so many irresponsible people have forced this upon us , but government is a maner of compromise, and he felt that every household should have at least one dog and one cat. He said he would co~omisc and go along with this two dogs and/or two cats situation. He said his concern is that be takes his grandchildren to the parks. and unfortunately finds situations where there is animal excrement on the grass and in the playgrounds . He said he finds that the least responsible people are the people with nultiple animals. unable to control them and unwilling to pick up after their animals. He felt the people who were the most irresponsible were the ones who had the ego to have a number of animals, but not the responsibility to take care of them. That is why I feel we are doing the right thing tonight , he concluded. Mayor Bums called the name of Mary McCue. She was not present. Jennifer McKernan, 4353 South Lincoln Street, she said she supports everything in Council Bill No . 36, for all the reasons we have heard tonight. She felt that Council Bill No. 37 should reflect a total of four pets, whether it be dogs or cats. It could be two dogs and two cats, or it could be three dogs and one cat. We have had lots of examples tonight of people with fifteen cats, five or ten dogs, but irresponsible people are going to be irresponsible, they don't care what the law is. Those of us with our pets, can take care of four animals, she said. Mayor Bums called the name of Joe Jostes. He was not present. Linda Hart, 4352 South Pennsylvania Street, said she has shown dogs for twenty-five years , has taught classes in the Englewood/Linleton area for South Suburban Parks and Recreation for five years, and has taught for fifteen years altogether. She said she has champion dogs, she trains dogs, and she shows dogs in obedience and confirmation. She said she found out about all this just this morning, so she has been doing some research. She said she has also worked as an animal officer and cruelty officer in the past, and has worked with the cities of Linleton and Denver, and on a state level with their legislation. She said she also • I • 0 - • • Englewood City Council September 4, 2001 Page 20 • A, • - helped Denver with their barking dog laws . Responsible owners are responsible owners, she said, whether you have one dog or whether you have four dogs . You clean up after your dogs , you make sure they don't bark, you make sure your neighbors are happy with you, and you make sure the neighbor knows how to contact you with problems, and you get the problem resolved . That is what I have done, she said. and I have had happy neighbors . You have ordinances to cover barking and loose dogs, she stated. Education programs are important, she said, and I will offer a linle bit of a solution that was offered a few years ago , but fell along the way. You have a lot of dog show people in the community and have a lot of expertise in the Englewood/Linleton area. We love Linleton and Englewood, because you have good animal co ntrol people and you have a good city to live in with animals . These people would be willing to help put together an education program that, if someone gets a ticket for a barking dog or whatever the offense 1s. these people would have to anend a class and be required to go through that as part of their penalty. That has been shown across the country to be very effective in resolving problems . Ms. Hart said s he ha s ca lled animal control on barking dogs, and has also knocked on people's doors at four o'clock in the morning because their dog was barking. If you educate people, it does help, she stressed. If you issue them a 1i ck<·1. they pay the fine and the problem continues . You take them to the classes and educate them. thi s is the wa y to stop a dog from barking. You first find out why the dog 1s barking -is it lonel y, ha s 11 been left o ut in the yard without food and water? Find out the problem. then yo u teach them how to teach th e dog not 10 bark. It has been very successful , and I have all the materials at home . If someone, such as a111mal control. is willing to work with me. we can set up ome kmd ofa class to re so lve some of these probl ems. she said. and I think it would help a lot. Having small dog . I rai e si lk y terriers . which are about ten or '" ch e pounds, I have a problem with dog loose m parks off the leash . They can be dangerous and I worry about my dog being anacked by someone's dog that i not well mannered . Also. if I want 10 tram my dog 111 obedience, I need to take my dog out 10 a park, set up my Jumps and be able to work my dog off lea h. She said she would like to see some way of punmg thi s m the law. that if someone was actively working a dog on obedience activities. they would be allowed to have the dog off leash. If you pass a stronger leash law. she said she would lilte to see the City put together a plan 10 have a dog park . There are a lo t of those across the country. there are a lot of good plans that can be brought together from AKC and other associations on how to put a dog park together that works . Havmg every dog that is able to go 10 the dog park have a canine good cnizen certificate on them. which means they have bas ic manners, will help . The lady that wants to be able to go out and throw a ball so he can retrieve it. some dogs need that activity. She said she has small dogs that can run around her h ving room and get their exercise, but a big dog can not . so that needs to be dealt with . The respons ible owner should not ha ve to suffer because of the 1rrespons1ble ones, but the responsible ones also ha,·e a respons1bihty 10 help the City and the community to re o lve the problems, so that is what I would hke to offer, she said . Mayor Bums called the name of Mike Thompson. He was not present. Gail Blank, who preferred not to giver her address, said she recently moved back home to Englewood after living out of state. She said she is very happy to be home , but is concerned that everyone is so worried about the dog issues and the leash laws . She said this town was beautiful when she left. She said he ha s dreamed for years about corning home , because Englewood was home and was a beautiful town . Now, she said she could ride around and see ten to fifteen junked cars in yards, houses where there are drug deals or something going on and run down neighborhoods. She said she walks down alleys that she used to pla y in when she was a linle girl. and they are so full of trash that she can't even walk down them. And we are worried about how many dogs we 've got? Yeah, I brought some dogs with me , she said, and I am responsible. I have a doctor degree, I have a good job, and I will be a good Englewood citizen. she said. but can we make Englewood the city that I left. instead of worrying about some of these linle issues. Let · s clean up this town, she asserted, and make it the town I left . Cindy Scott, 3063 South Fox Street, said a world where dogs could not run off leash is a world she would not want to live in . It is important to a lot of people and a lot of dogs . She said she was surprised to see the wording of the Englewood leash law. It is actually very generous to just say reasonable control. She suggested that it be reworded to specify the details of voice control, because many dogs are under perfect • ) I • 0 • • -• Englewood City Council September 4, 2001 Page 21 .. , .. . , • • -' control and totally focused on the activity at hand, and it would be a disservice to make that illegal. She also said she would like to see the number of allowed animals increased. She said she has talked to people who have too many animals in their home, and they are afraid because it is very important to them. Someone with three dogs is going to have a tendency to keep some of them hidden, but that is not good for the dogs and it is not good for the people to be afraid . Many of thos e dogs are not a problem to anyone , she concluded. Kathi Moore, 3265 South Race Street , said she is the proud and loyal owner of two beautiful and lovi ng golden retrievers . She said she has been blessed and privileged enough to have been loved by them for over seven years . Because of the lessons they continue to teach me every day, she said, I ha,·e begun to consider raising assistance dogs for physically challenged individuals. To do this , my duty would be to raise them for the first twelve to eighteen months of their lives, and after that , the y attend further education and hopefully graduate as an assistance dog. I would like my only challenge in accomplishing thi s endeavor to be whether my heart can handle the separation from something I have raised and grown to love, but not because I have already hit the limit. she explained . If the limit of two dogs is kept , I will not be able to help give someone who needs the dog as more than JUSt a friendly compani on. the ability to li ve life more productively and to experience the lessons and love assistance dogs can give . Mayor Burns asked if there was anyone else who wished to speak . There was no one . COUNCIL MEMBER GARRETI MOVED, AND IT WAS SECONDED. TO CLOSE THE PUBLIC HEARING. Ayes : Council Members Nabholz, Garrett , Bradshaw. Wolosyn Yurchick. Grazulis. Bums Nays : None The motion carried and the Public Hearing closed. [Clerk 's note: The following persons submitted letters, voice mail messages and memorandums for Council's consideration at the public hearing : David F. Weber, C.J . Cullinan. Darlene Slyter. Sue Volle, Charles White, Jodie Johnson, Dwight and Jan Fitzgerald, Cindy Scott, Lin Tiffany, Karen Pilgrim. Caitlin Cyboron, Kayley Crabdree, Priscilla Wolford, Tracy Curry, Linda Buckley, Renee Leth, The Co lcmans, Janeen Wright, and an unsigned e-mail message from Thfesq a aol.com] 10. Consent Acenda COUNCIL MEMBER GARRETI MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I) AND (ii), 10 (b) (I) AND (ii), AND 10 (t) (i). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO. 56, INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR A ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "CONTRACT AGREEMENT FOR INTOXIL YZER 5000EN PLACEMENT" BETW EEN THE COLORADO DEPARTMENT OF PUBLIC HEAL TH AND ENVIRONMENT, LA BORA TORY AND RADIATION SERVICES DIVISION AND THE CITY OF ENG LEWOOD . (ii) COUNCIL BILL NO . 57, INTRODUCED BY COUNCIL MEMBER GARRETT .. I • 0 -- • • Englewood City Council September 4 , 2001 Page 22 • • • .. A BILL FOR AN ORDINANCE ACCEPTING THE DEDICATION OF A RIGHT-OF-WAY LOCATED AT THE INTERSECTION OF BAKER AVENUE AND TEJON STREET IN THE CITY OF ENGLEWOOD, COLORADO. (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 50, SERIES OF 2001 (COUNCIL BILL NO . 54. INTRODUCED BY COUNCIL MEMBER GARREtf) AN ORDINANCE AUTHORIZING AC CEPTANCE OF A $7.500 GRANT FROM THE COLORA DO DEPARTMENT OF LOCAL AFFAIRS (DOLA) FOR ENTERPRISE ZONE MARKETING AND ADMINISTRATION . (ii) ORDINANCE NO. 51 , SERIES OF 2001 (COUNC IL BILL NO . 55, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE AUTHORIZING THE TRANSFER OF PROP ERTY KNOW N AS THE FOR.i\.1ER CITY HALL FROM THE CITY OF ENGLEWOOD, COLORADO TO THE ENGLEWOOD ENVIRONMENTAL FOUNDATION . (c) Resolutions and Motions (i) AN ENGINEERING CONTRACT FOR THE FIRST PHAS E OF AN INFILTRATION/INFLOW STUDY FOR THE WASTEWATER COLLECTIO N TRIBUTARY WITH CAMP, DRESSER & MCKEE IN THE AMOUNT OF $99 ,529 .00 . Vote results: Ayes: Nays: The motion carried. 11 . Regular Agenda Council Members Nabholz. Garren, Bradshaw . Wolosyn Yurchick , Grazulis, Burns None {a) Approval of Ordinances on First Reading There were no additional ordinances submined for approval on first reading . (See Agenda Item IO - Consent Agenda .) (b) Approval of Ordinances on Second Reading (i) and (ii) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I)· COUNCIL BILL NO. 36. Council Member Garren stated that he would like to defer any decisions on this until a Study Session could be held to discuss a lot of the input tonight. He said that significant portions of this need to be di scussed before he would be able to vote on this . Mayor Bums asked if that pertains to both ordinances. Mr. Garren responded affirmatively. Mayor Bums agreed, stating that there has been a lot of input tonight and some very good suggestions on some other steps we can take . We had a considerable offer from Linda Hart to start an educational program, which Mayor Burns said he appreciates very much . Obviously, she is a lady who has a lot of experience in thi s area , he said. .. I • 0 • • Englewood City Council September 4 , 200 I Page 23 I '•' • .. • - Council Member Bradshaw said she would like to remand this back to the Code Enforcement Advisory Comminee to consider the barking issue. the education issue , and to reword the leash law. That is Just a thought. she said. because those are the three areas that I picked up , from the public hearing. that we need to focus on. Mayor Bums felt it would be very valuable to have staff collect the information received tonight , and perhaps put it in a form where we can review it . Then. if we want to refer some of it ba ck to Code Enforcement, it might be a constructive thing to do. Or pick out a few things, we had a lot o f comments tonight on barking dogs. Ms. Bradshaw said yes, that was on just about everyone's list . She said she had a bad dog once. that barked, and he barked because the neighbor was leaning over the fence tryi ng to get a re cording of th e dog barking, so we could go to coun. She said she has since moved from that neighborhood, and she ,s mu ch happier where she is . She said she and her dog have a record here in the C ity of Englewood for bark111 g . Just the dog, she said. That is a huge concern, and that is probably the first issue that people talk abo ut ,vnh dogs, she said. Council Member Grazulis said that can also be pan of the education. because th ere are in vas 1\"C and no n- invasive ways of controlling barking. Perhaps everyone should be educated on that , she said . Council Member Wolosyn said, regarding Council Member Brads haw·s suggestion. she preferred to ha ve a discussion at Study Session, and then maybe make a list of things . Panicularly abo ut the barking d og . and begin the discussion and let Code Enforcement come back and comment on it. Council Member Bradshaw suggested having the joint Study Session on O ctober 8th . COUNCIL MEMBER GARRETI MOVED. AND IT WAS SECONDED. TO CONTINUE AGENDA ITEMS 11 (b) (I) AND (ii) -COUNCIL BILLS NO. 36 AND 37 -TO THE REGULAR CITY COUNCIL MEETING OF OCTOBER 15, 2001. Ayes: Council Members Nabholz. Garrett, Bradshaw, Wolo yn Yurchick, Grazulis, Bums Nays: None The motion carried. (iii) Ken Ro ss. Director of Public Works , addressed Council Bill No . 53 , vacating a ponion of the right-of-way located in the 2400 block of South Pecos Street. He stated that , back in 1997. City Council approved a resolution authori z ing the vacation of the right-of-wa y on Pecos Street, between Wesley Avenue and Harvard Avenue . Unfortunately, when that happened, it was sent over to the count y, and the county took this resolution authorizing the vacation as an ordinance to vacate. They changed their maps and sent a notice to the propeny owners that this right-of-way had been vac ated . Mr. Ro ss said he came to the City in 1999 and tried to work this out with the two propeny owners, in order to address th e three conditions that Council had made in 1997, and we have worked it out. The propeny owner to the south was very cooperative, although the property owner to the nonh was not very cooperative, he said . We have, basically, provided a turnaround that satisfies the needs of the Fire Division. We took their largest ladder truck out there and had them pull in and back out and get out of there . which established the minimum amount of area required for that turnaround. We posted it , and, in fact , because the propeny owner to the nonh was not very cooperative, we actually used city forces to install asphalt and demarcate that area, and then we posted it with no parking signs, he explained. So we have worked It out with both property owners, and, although they are not full cul-de-sacs. we believe that , with those no parking signs and with enforcement from our Code Enforcement Officers, the integrity of those two turnarounds can be provided. In fact, last week, or the week before, founeen vehicles were towed because they were .. ) I • 0 - • • • Englewood C ity Council September 4 , 2001 Page 24 • • -' improperly parked in that turnaround area . bl ock in g access to the fir e hyd rant . That action probably cost that busi ne ss close to $1,000 .00 . Mr. Ro ss said he wa s happy to repon. when he went out there last week, it had been a whole week , and the perso n was still respecting that turnaround , so it showed that he ma y have gotten the message. Staff is re commend ing that Council approve th e ordinance to vaca te the west thiny feet of the right-of-way on Pecos Street between those two streets, he asserted . Council Member Bradshaw thanked Director Ro ss for answering Coun ci l's conce rn s and for goi ng out there again . Director Ross opined that we are going to ha ve to sta y on top of it. but he fe lt it would wo rk . ORDINANCE NO. 52 , SERIES OF 2001 (COUNC IL BILL NO. 53 , I TRODUCED BY COU NC IL MEMBER BRADSHAW) AN ORDINANCE VA CATING A PORTIO N OF THE RIGHT-OF-WAY LOCATED IN TH E 2400 BLOCK OF SOUTH PE COS STREET BY TH E C ITY OF ENG LEWOOD . COLORADO . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 11 (b)(iii)-ORDINANCE NO. 52 , SERIES OFZOOI. Ayes : Council Members Nabholz, Garrett . Bradshaw . Wolosyn Grazulis, Bums Nays: None Abstain : Co uncil Member Yurchick The motion carried. ( c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (Sec Agenda It em IO -Consent Agenda.) 12 . General DiKussion (a) Ma yor's Choice (i) Mayor Bums congratulated Janet Grimmett and the City for receiving a spec ial Colorado NAHRO Award for excellence in affordable housing and conunumty se rvice assisting the House of Hope . Council Member Bradshaw asked if they could talk about the House of Hope and the letter present ed by Bill Clayton . She said she knows we don't usually do that , but it doesn't see m like $900.00 is a lot of money. We have $1.4 million in Project Build funds just sitting there. and si nce we aren 't doing Proj ect Build, she said, I think we could afford $900.00 out of that . Council Member Wolosyn said it was in the rehabilitation fund . Counci l Member Bradshaw sai d that is rehabilitation of a facility that obviously we need more of in Arapahoe County . Englewood stepped up to the plate on that one, so she felt we could use the fund s from there . City Manager Sears said he did not know exactl y what that wa s, but we would estimate around $1,000 .00 . Council Member Garrett suggested allowing up to S900 .00. Council Member Bradshaw felt up to S 1,000.00 would be appropriate. That way we can give them an answer, because they are on a deadline . Ma yor Bums said it looks like they are on a pretty tight time frame . • " ) I • 0 • • • Englewood City Council September 4 , 2001 Page 25 ... Council Member Grazulis felt that was an excellent idea . • • • ' COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO USE COMMUN IT\' DEVELOPMENT FUNDS, UP TO Sl,000.00. TO PA\' FOR THE HOUSE OF HOPE PERMIT FEES FOR A SPRINKLER SYSTEM. Ayes: Nays : The motion carried. Council Members Nabholz, Gan·ctt. Bradsha w, Wolo syn Yurchick, Grazulis. Bums None (b) Council Members ' Choice (i) Council Member Grazulis stated , regarding thi s evening 's dog iss ue s, that she i kind of embroiled with them. There are several educational resources, including Linda Han. She sa id she has other resources that she would love to offer to Council. This would be names arid numbers of people who have volunteered before . There is another dog trainer in Englewood, and we went to the sc hoo ls and tried to approach them about what children should do around dogs , and were flatly told no , the y should no, be taught that . She felt that , if the y were approached in a different way, thi s would be an excellent opportunity to include all aspects . She said she would lo ve to be in on that. Council Member Bradshaw asked about using the Health and Safety Committee through the sc hoo ls. She felt it was a perfect venue . Mayor Bums said it seems as though , if you approach the schools in the ri ght way, the y should not turn yo u down. Ms . Grazulis said they were turned down flatly many times, because if was an insurance issue . The re "ere going to be demonstration dogs, and they wondered what would happen if the y turned on a child . Council Member Bradshaw felt it could be offered on a Saturday at elementary sc hools. and the interested parents could be there with their kids , because parents need to be educated. too . (ii) Council Member Wolosyn said she and Council Member Bradshaw attended th e bond steering committee meeting last week . During that meeting, Sel Hewitt sai d he had attended a sc hoo l board meeting and the discussion of the SchooVCity meeting came up . Apparently Dr. White wa goin g to talk to City Manager Sears about havi ng it sometime in October. Mr. Sears said he did mention it last week, and his secretary is trying to put tog ether a couple of dates, ewn in September. He thought the 1411, and the 20•h were the two dates that had been talked about . He a ,d he was sorry he did not raise that earlier, but they would like to get together and we will try to g1\'e Council a phone call tomorrow with the dates they have come up with . Council Member Bradshaw said we need to have a set agenda that goes out ahead of time . Council Member Grazulis said she was a representative for that, and they were asked about the tw o dates. On the 2011, she would not be there, she said, because it was going to be an evening session at 6 : 30 p . m . She thought she could be there on the 14 m. City Manager Sears said, if that is the case, we will let all of Council be aware of that. We will get ho ld of Counci l tomorrow when that date is set up , he said. • I • 0 - • Englewood City Council September 4 , 2001 Page 26 13 . City Manac~r·s Report •,. • ... • - (a) City Manager Sears advised that this Thursday night is actually a meeting of the Council and he was not sure if it had to be set as a special meeting. City Anomcy Brotzman said that, if the Mayor says it right now, he just set it. Council Member Grazulis asked what time that would be. City Manager Sears said it would be at 5:45 p.m. and he hoped to be done by 7:00 p.m. Mayor Burns said City Anomey Brotzman said he just needed to declare that Council will hold a special Study Session on Thursday night, September 6, 2001 , at 5:45 p .m . in City Council Conference Room regarding the Proposed 2002 Budget. Council Member Bradshaw asked about the location of the City Council Conference Room. Council Member Garren said it is on the third Ooor. south side . Ms. Bradshaw said she just wanted to be sure everyone knew where it was. (b) City Manager Scars said there was some additional work being done on redistricting. Tom Munds had let him know about it last week . There are some meetings being held next Monday night in Arapahoe County. He said he would get more information to Council tomorrow about that from Lauri Dannemiller. (c) City Manager Sears advised that Rick Kahrn had put out some pads for the Council Chamber seats. He felt they were a lot bener than the last ones. 14. City Attorney's Report The City Anorney had no maners to discuss . 15. Adjounmeat MAYOR BURNS MOVED TO ADJOURN. The meeting was adjourned at I 0 :30 p .m. * *. *. ~~l1t&, &;,;;ty City Cl • .. '.) I • 0 • 1. Call to order. 2 . Invocation. ... ;,-. • • • .. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL TUESDAY, SEPTEMBER 4, 2001 7:30 P.M. /J~ Englewood Civic Center 1000 Englewood Parkway Englewood , CO 80110 3 . Pledge of Allegiance. tlJN>'b(J 4 . Roll Call. • • s. Minutes . ~~~~\Minutes from the meeting of Regular City Counc il Meeting of Au gu st 20 , 2001 . ~,~pr,-!) l 6 . Scheduled Visitors . (Please limit your presentation to ten minutes .) • /a. Paige Brarishaw and Heather Hunt will be pre sent to address City Council regarding the upcoming Arthritis Foundation Marathon . 7. 8. 9 . U nsc_h~d~l~d Yi~tors . (Please limit your present~<?~ Jo fi ve minutes.\/ i'~A kll111r,;f~-~AI. '&R.l~tm -fl~ ~ /3p,-~ -~4/ll.,~ Communications, Proclamations, and Appointments . jZ5 Public Hearing A public hearing to gather input on Council Bill :--J o . 36, amending Title 7, Chapter 1 A of the Englewood Municipal Code pertaining to dogs and cats. Please note: If you hne a dlsabllity and need auxiliarv .aids or services, please notify the City of Englewood (303-762-2405) at least 41 houn in advance of when services are needed. Thank you . • I· 0 • • • t •• • - Eng lewood Ci ty Counol Age n dJ Sep tember~. 2001 Page 2 10. Consent Agenda . a. Approval of Ordinances on First Reading . ii . COUNCIL BILL N O . 56 · Re commend ation from the Department of Safety Services to adopt a bill for an o rdinance accepting a Highway Traffic Safe ty Project Grant from the Colorado State Department o f Public Health and En v ironment in the amount of S·UOO . STAFF SOURCE: Chris Olson, Director of Safety Services and Lieutenant Steve Knoll. COUNCIL BILL NO. 57 · Re co mmendation from the Department of Public Works to adopt a bill for an ordinance ac ce pting the dedication of 22 square feet of right-of-way at 2001 W. Baker Avenue. STAFF SOURCE: Ken Ross, Director of Public Works. b . Approval of Ordinances on Second Reading . Council Bill N o . 54, accepting an Enterprise Zone Marketing and Admini stration Grant from th e Colorado De pa rtment o f Local Affairs . Council Bill N o . 55 , transferring the forme r Ci ty Hall property to th e Engle w ood En vi ronmental Foundation. c. Re solutions and Motions. i. Recommendation from the Li tt le ton/Engle wood Was tewater Treatment Pla nt Supervisory Committee to approve. bv motion. an Eng i neerin g Contract for th e fir st phase of an Infiltrati on Inflow Stu d for the wastewater collection system tributa ry. Staff recommends awarding the co ntract to Camp, Dresser & McKee in th e amount of 59 9 ,529 .00. STAFF SOURCE: Stewart H. Fonda, Utilities Director and Mark Van Nostrand, Senior Project Engineer. 11 . Regular Agenda . a. Approval of Ordinances on Fir st Re adi ng . (/} b . Approval of Ordinances on Se cond Reading . t,U~ _ ~ ~ i . Coun cil Bill No. 36. amending Ti t le 7. C hapter I A of the E(gfllood Garrett -Motion to continue Agenda Items 11 (b l(,) & (u) 10 Municipal Code pertain ing to dogs and cat s. October 15. 2001 Approved 7 -0 ii . Council Bill I o . 3 7, amendin g Title 7, Chapter 1 A of the Englewood Municipal Code pertainin g to the numbe r of an imal s mai ntained at a household or prem is es . v)~~/ iii. Council Bill No. 53 , vacating a portion of the right-of-way located in the 2400 ~ • ~ block of South Pecos Street. '6'0-~ -• Pleue note: If you hDe a disability and need auxiliary aids or services, pleue notify the City of Englewood (JOJ-762-2405) at least 48 houn in advance of when services are needed. Thank you . I • 0 • • • ··~ f • • .. E_n glewood City Council Agenda Sep tember~, 200 1 Page 3 c. Resolutions and Motions. 12. General Discussion . a. Mayor's Choice. b . Council Members' Choice . 13 . City Manager's Report. 14 . City Attorney's Report. Adjournment. /0: 30fr«J Bradshaw -motion to =:::Sn~ to pay for House of Hope permit lees for sprinkler system Approved 7 -0 The following minutes were transmitted to City Coun cil between August 17 and 30 , 2001 : Keep Englewood Be autiful meeting of July 10, 2001 Englewood Planning and Zoning Commission meetin g of Jul y 1 7. 2001 Plwl .... ;j:. .... ...., .. ...a ..a.y ... •---. plwe nodfy lhe City of Englewood ( .................. ., ......... _ ........ lhankyou. .. ~ .. • ) I • 0 • • -• • • • ENGLEWOOD CIT\' COUNCIL ENGLEWOOD, ARAPAHOE CO NTY , COLOR.\DO Regular Session August 20. 2001 l. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Burns at 7:40 p .m. 2. Invocation The invocauon was given by Mayo r Burns. 3. Pledge or Allegiance The Pledge of Allegiance was Jed b y Mayor Burns. 4. Roll Call Present: Absent: A quorum was present. Also present : 5. Minutes Council Members Grazuhs. Garren, Brad haw , Wolosyn. Burns Council Members Na bholz, Yurch1ck City Manager Sears City Anorney Brotzman City Clerk Ellis Director Simpson, Community De\'elo pment Capital Projects Manager Kahm, Pu bh Works Assistant City Manager Flaherty (a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF At.:GUST 6. 2001. Ayes: N ays: Absent : Motion carried 6. Scheduled Visitors Council Members Garren. Bradshaw. Wolosyn. Grazulis, Burns None Council Members Na bholz, Yurchick Sa (a) Jack McGraw, Acting Regional Administrator of the Environmental Protection Agenc y, advised that David Ostrander and Kathy Atencio, staffers for the Brownfields project in our region, were also present. It 1s ccnainly a pleasure to be here for this event. he said. Many times when people hear the name EPA they conjure up all kinds of negati\'e images, but we definitely have the whne hat on tomght and we are glad to be here to share tlus moment in recognition of the City's efforts in the Brownfields program. He stated that the C ity has expressed an outstanding initiati ve and creativity in the way the Ci ty ha s supported the Brownfields proj ec t and the Brownfields program in the City . I want to officia ll y go on the record, he said, as saying that we want to recognize Mayor Burns and the City Council members for their support and for the approval of this proJect some time ago , because without your support, endorsement and encouragement, the program people cannot make thi s a success. Believe me, he said, thi s has trul y been a successful effort by the City of Englewood and Englewood has been a leader in the Brownfields program in • I • 0 - • • Englewood City Council August 20 , 200 I Page 2 '. ,. • .. • • our region. We co ,·er six stat es and yo u are right there near the top in leadership, creat ivity and initiative and the problems you faced and the way yo u overcame those . You thought creative ly and you thought outside the box. he said, like your idea to use PILOT funds for assessment loans . This didn't work at fir st . but you didn 't gi"e up, you kept working at it and working at it and now yo u have found a way to make it work . which can set a precedent for our program nationally, not j ust in the City here. but the whole nation . Every ume, as yo u ca me upon an obstacle, you persevered and overcame that obstacle. Again , he sa id. l want to officia ll y go on the re co rd to congratulate you fo r yo ur support and leade rship in this area . The Cny also was the first PILOT grant recipient with the clean-up program in our region. It was ninth m the country and 1l is the largest loan, to date. for a cleanup, as a part of the Ce ntenn ial Park expansion. The City 's program has had great success with projects, such as the Keough and Company bu siness expansion. which was a real success when you see the write-up on that one . the o ld Thomas Planng site and there ha s been signi ficant progress on the old General Iron Works property and even on your own ininati\'e. without any funding from the EPA, yo u have led in the development of Ci nderella C ity. l j ust want to conm1ent. he said. that you are landlocked and this progra m has become a way of doing business for the City of Englewood. It is the way you think . the wa y yo u do things , he said. and you are far beyond our program and we are just glad to be a catalyst to help get that started. because yo u are defi nitel y o n your own and making some real progress. We commend you on yo ur leadership. both locally, as well as na11onall y. Yo u will have a member of yo ur staff at o ur national meeting in Chi ca go . corning up in September. telling them about the success of this project . We continue to offer you our support and encoura gement. h~ s aid . an d "e look to yo u for leadership. Mr. McGraw noted that their work with th e City of En gle wood has c entered on three people . With Coun c il 's perrru s1on. he said. I would like to recognize those three . He noted there are a lot of people here who ha ve made thi s a su cessful project, but the se three people are tl1e one s who spearheaded it and made it th e success tha t n 1s . We know wi thout th eir efforts, moti vauon and drl\e that these projec ts would have been much les s hkel y to succeed. He stated that our grants, through the Community Development Depamnent, have been "ell used under their direction. For their effortS l would like to present awards to Bob Simpson, the Director of Co mmunity Deve lopment, Mark Graham and Darren Hollingsworth. The citation we would like to present, to the Community Development Department of the City of Englewood. 1s an Environmental Achievement Award for their strong leadership, relentless initiative and creati vi ty in carrymg out the Brownfields project, resulting in cleanup and reuse of ke y Brownfields propemes in the City of Eng lewood. Mr. McGraw thanked Mayor Bums and Counci l fo r the ir support and continued leade rship in the Brownfields program. Mayor Bums said Coun cil apprec iates that ve ry much . Mayor Burns noted that he was privi leged to go to the White House about four or five years ago to ac ep t the first Brownfields Grant that we obtained, which was one of 32 in the country at that time. and that kicked off our Brownfields participation . l like the word relentless , he said. as they have j ust been after 11 and after it . We are looking forward to the General Iron Works proj ect and certainl y. the Centennial Park expans ion . We reall y appreciate yo ur cooperation, he said, in working with o ur staff on these projects. It 's a great thrill . He thanked Mr. McGraw for coming . Mr. McGraw thanked Mayor Bums and he wished the City good luck . (b) Ala n Lawson was scheduled to address Co uncil regarding flooding and drainage in south Englewood, but he was not present. 7. Unscheduled Visitors (a ) Julian Rush advised that he has been the Executive Director of David Taylor Dance Theatre since March I A. We are here to make a request, he said. Because of the actions of this body we have been able to consider making a move, a relocation from where we are in downtown Linleton to CityCe nter. In light of this opponunity we have undenaken a capital fundraising campaign, he said, and it is a rather extensive one for a small organization like ours . The cornerstone and kick-off for tlus 1s a wme and hors d 'oeuvre reception m the Community Room here on Thursday night , September the 2 lh _ In addltlon to this . he advised. we wtll also be spilling out into the atnum for a s hort dance program and t he • I • 0 • • -• Englewood City Council August 20 , 2001 PageJ I• • • -.. Museum has agreed to stay open that evening so that our patrons can wander through the Museum and look at the an works as well . This venue is rathe r expensive for us. he said, but we wanted to have It here. because we feel it is ve ry imponant, for the perspective donors who come to this reception. to be able to see the big picture here. all that is going on and then to be able to understand how David Taylor Dance Thearre fi ts into thi s larger perspective. So we felt it was very important to have 11 in thi s place. Because of that. he said, and be caus e this event is acruall y raising funds to help us relocate from downtown Linleton to here. we resfectfully request that the Council consider allowing David Taylor Dance Theatre to use thi s s pace o n the 27' , free of charge. That 1s our request. he said . Counc il Member Bradshaw asked what the no rmal charge would be . Mr. Rush said he thought that. for non-members, it 1s $200 .00 an hour or somethin g. It will be around $1.000.00 for the len gth of time that we want it. Mayor Bums asked Mr. Rush if the y will have enough room here to accommodate all the p eople. Mr. Ru s h advised that the y are only planning on about 100 people . I think the room is limited to 150. he said . o even ifwe have a few additional people. we will still compl y with that. We won ·t be bringing dnnks out into the atrium; we unders tand that we have to keep those in the Community R oom . Mayor Bums advised that Counci l does no t take ac tion during thi s pan of the meeting. that later o n the y will have Council Member·s Choice. He asked if an yo ne had an y funher questio ns of Mr. Rus h. Council Member Grazulis asked what time It will s tart . ~1r . Ru sh advised that the event will s tart at 5 .30 and goes until 8 :00. Council Member Grazulis asked what da y that fall on. Mr. Ru sh advise d it w ill be hel d o n Thursda y, September 2 7"'. Council Member Wolosyn asked 1f It is a ti cketed event. Mr Rush advised the y will be sending o ut invitations and all of City Council will rec eive o ne . It 1s an mv1tat1on onl y event . he said. Mayor Bums commented that there might be a lot more of the Bail y's bu,Idmg constructed ~t that pomt. Mr. Rush said he thought it would be very excmng for them to see "hat is happening next door and all around. Mayor Burns thanked Mr. Ru sh for coming. Council Member Bradshaw advised that Council wo uld ge t back to Mr. Ru sh, through Mike Flaherty. {b) Kells Waggoner. 3301 South Race Street. said he had several things to discuss tlus evening. One is that at the northeast comer of Humboldt and Floyd there is a lot there that is full of weeds and I believe in equal treatment for all , he said. The other thing, he said, is that he would request that yo u keep the City"s website up-to-date. I checked today for the Council Agenda for this evening and the la st one on there is August 6"' and Council Member Bradshaw ·s address is still 2910 South Marion. Council Member Bradshaw confirmed that yes, she did move two years ago. Mr . Waggoner advised that the main thing he wanted to talk about was Consent Agenda Item IO (b l (vii), Council Bill No. 53 , approving the vacation of the right-of-way in the 2400 block of South Pecos Street. It seems to me. he said, that that has been before the City for quite a few years. in fact I remember talking about it even when I was with the City. !fl remember correctly, he said. there is supposed to be a correct turnaround at the end of each one of those streets. Wesley and Harvard. I was over there today and if the Ci ty is calling that a facility for a rumaround, he said, then I think you arc sadly mistaken. I had a tough time rummg my Suburban around at the end of either one of those streets. Not only 1s n full of Junk cars m that area, ,vTecked cars, but some of them are even out m the travel lane. Mr. Waggoner stated that there 1s reall y no delineation of any kind of a turnaround. When we vacated Jefferson Avenue, he said, on the east • ) I • 0 • • • Englewood City Council August 20, 2001 Page4 " .. • •. • -' s ide of Cherokee. we actually put that in a Paving District and made sure it was designed to some standard . I an·t tell you whether that area over there has been in a Paving Distnct or not . I trunk the streets ha ve, but certainly the end where we vacated Pecos has not been. At least, he said, to my recollection, it bas not been. I tlunk that should be put in a Paving District with the curb and gutter delineating the turnaround. he said, and I would challenge the Fire Department to go over there and try to turnaround at the end of either one of those streets. I don't think they can do it. When I was with the City, we were told by the Fire Department that there should be a 90 foot diameter cul-de-sac. a 45 foot radius cul-de-sac , so the y could turnaround in that area. Mr. Waggoner emphasized that they can't possibly do it at the end of e11her on~ o f those streets. I would suggest that you table Consent Agenda Item 10 (b ) (vii), he said . until suc h provisions are made or that you get some answers. I would also like some answers as to why we are vacanng that street before the proper provisions for a turnaround are designed and installed. Years and years ago, that place had regular visits by the police, there were a lot of tickets issued for junk car and 11 1s snll the same now, it hasn't changed. If you have any ques,ions I would be glad to answer them. he sai d. at least from my perspective. Mayor Burns thanked Mr. Waggoner. Council Member Bradshaw thanked Mr. Waggoner for bringing that 10 Council"s anention . 8. Communications. Proclamations and Appointments There were no corrrrnunicauons. proclamauons or appointments . 9. Public Hearing No public hearing was scheduled before Counc il. IO . Consent A&eoda COUNCIL MEMBER BRADSHAW REMOVED ITEM 10 (b) (vii) FROM THE CONSENT AGENDA. Council Member Bradshaw stated she would hke 10 postpone this item until Mr. Waggoncr·s questions are answered . [Clerk's note : Agenda Item 10 (b ) (vu) is Council Bill o. 53, an ordinance vacating a portion of the right- of-way located in the 2400 block of South Pecos Street by the City of Englewood.] COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO POSTPONE AGENDA ITEM 10 (b) (vii) -COUNCIL BILL NO. 53 . Ayes: Council Members Garren, Bradshaw, Wolosyn. Grazulis, Burns Nays: None Absent: Council Members Nabholz. Yurchick Motion carried. Council Member Bradshaw asked Mr. Sears ifhe would get back to Council on the concerns. City Manager Scars noted that Director Ross was not here, but that be knows this has been before the Planning and Zoning Commission and there has been staff mg , including our Fire DcpartmenL and they actually did go out to do some turnarounds at one point in time . But, he said, I am not up to speed on the current status. We will raise these concerns and bring them up at the next Council Study Session. Council Member Bradshaw noted she needs more information before she would feel comfortable voting on this, because that is a really serious area and we need good fire protection and good response capability . • ' . • ) I • 0 ,I • • Englewood City Council August 20, 2001 Page 3 ,--. • • • '.\1useum has agreed to stay open that evening so that our patrons can wander through the Museum and look at the an works as well. This venue is rather expensive for us. he said, but we wamed to have 11 here. because we feel it is very imponant, for the perspective donors who come to this reception. to be able to see the big picrurc here, all that is going on and then to be able to understand how David Taylor Dance Theatre tits into tlus larger perspective. So we felt it was very imponant to have It in thi s place . Bec au se of that . he sard , and bec ause this event is actually raising funds to help us relocate from downto\\11 Linleron to here. we res~ectfull y request that the Council consider allowing David Taylor Dance Theatre to use thi s space on the 27' , free of charge. That is our request, he sar d . oun rl Member Bradshaw asked what the normal charge would be . '.'vlr. Rush said he thought that. for non-members. 1t 1s $200.00 an hour or something. It will be around $1,000.00 for the length of time that we want It . Ma yo r Bums as ked Mr. Rush if the y will have enough room here to ac co mmodate all the people. Mr. Ru h advised that they are only planning on about !00 people . I think the room is limited to 150, he said , so even ifwc have a few additional people , we will still comply with that. We won·t be bringing drinks out into the amum; we under tand that we have to keep those in the Community Room. Mayor Bums advised that Counci l does not rake action during this pan of the meet mg. that later on the y will have Council Member 's Cho ice. He asked if an yo ne had an y funher que st ions of\1r. Rush. Council Member Grazulis as ked what lime it will stan. Mr. Ru sh ad,·1sed that the event will s tan at 5:30 and goes until 8 :00. Council Member Grazulrs asked what day that falls on. Mr. Ru sh advised It will be held on Thursda y, September 27th . Council Member Wolos yn asked ,fit is a ticketed event. Mr. Ru s h advised the y will be sending our invitations and all of City Council will receive one . It is an invitation onl y event. he said . ~1ayor Bums commented that there might be a lo t more o f the Ba ily 's bu,ldmg constructed at that po m r. Mr. Rush said he thought it would be very exciting for them to ee what 1s happenrng next door and all around. Mayor Bums thanked Mr. Rush for coming. Council Member Bradshaw advised that Council would get back to '.'vlr . Rush . through Mike Flaheny. (b) Kells Waggoner. 3301 South Race Street. said he had several thmgs to discuss this evening. One is that at the nonheast comer of Humboldt and Flo yd there is a lot there that is full of weeds and I believe in equal treatment for all , he said . l11e other tlung, he said, is that he would request that yo u keep the City's website up-to-date . I checked today for the Council Agenda for this evening and the la st one on there is August 6th and Council Member Bradshaw's address 1s still 2910 South Marion. Council Member Bradshaw confirmed that yes. she did move two years ago . Mr. Waggoner advised that the main thing he wanted to talk about was Consent Agenda Item 10 (b) (v ii), Council Bill No . 53 , approvrng the vacauon of the right-ol~way in the 2400 block of South Pecos Street. It seems to me. he said. that that has been before the City for quite a few years, in fact I remember talking about it even when 1 was with the City. If I remember correctly, he said, there is supposed to be a correct turnaround at the end of each one of those streets, Wesley and Harvard. I was over there today and if the City is calling that a facility for a turnaround, he said, then l think yo u are sadly mistaken. I had a tough time rummg my Suburban around at the end of either one of those streets. ot only 1s II full of junk cars in that area , wrecked cars. but some of them are even out m the travel lane . Mr . Waggoner stated that there 1s really no dehneation of any kmd ofa turnaround . When we vacated Jefferson Avenue. he said, on the east • I • 0 - • • • • - Englewood City Council August 20. 2001 Page S City Manager Sears aid he \\Ould like to point out. for the record. th at Co uncil Member Yurchick abstained at the last Co un cil mee ting. as thi s is a propeny where he has so me effect and he will probabl y be abstaining from dis cussio n on 1h1s in the future . * * * * * COliNCIL MEMBER GARRETT '.\IOVED. AJ'1D IT WAS SECO'.\DED. TO APPROVE CONSENT AGENDA ITEMS 10 (a) {i), 10 {b) {i) THROUGH (vi) AND 10 (c) (i) THROL'GH (,·i). (a) Approval ofOrd man ces on Fir st Readin g GARRETT (i) CO fNC IL BILL NO . 54. INTRODl;cED BY COl.J"1C IL MEMBER A BILL FOR A 'ORDNANCE AUT HORJ ZING ACCEPTA '.\'CE OF A S7.500 GRA"1T FR0:--1 THE COLORADO DEPARTMENT OF LOCAL AFFAIRS (DOLA) FORE . TERPR1SE ZONE MARKETING AND ADMINISTRATION . {b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 44. SERJES OF 2001 (C OUNC IL BILL ;>;O . 32. INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE Ai'.-1END1NG TITLE 11 , CHAPTER 1, SECTION 1, SUBSECTION B. PARAGRAPH 10 .5, OF THE ENGLEWOOD MUNICIPAL CO DE 2000. RELATING TO TRUCK TRAFFI C CONT ROL DEVICES . (ii) ORDINANCE NO . 45 . SERIES OF 2001 (C OL~CIL BILL ;>;O . 47. INTROD UCE D BY COUNCIL MEMBER BRADSHAW ) A 'ORDINANCE APPROVING A RA TE 11'.'CREA E TO THE STOR.i\1WA TER Fu ND FOR THE DARTMO UTH A VE 'UE TORM EWE R PROJE CT. (1i1) ORDl1"A'.'-E ;>;O 46 . ER1ES OF 2001 (C OL'"NCIL BILL '.\'O . 4 . lNTRODUCED BY COU1'C IL MEMBER BRADSHAW ) A'.'-ORDINANCE OF THE !TY OF E'.\'GLEWOOD. COLORA DO , ACTING BY A"1D THRO UGH IT STORM WATER ENTERPRJ E. Al'THORIZl}JG THE ISS UA CE OF STOR.i\1 WATER ENTERPRISE REVEN UE BONDS , SERIES 2001 , FOR THE PURPOSE OF FINANCING CAP ITAL IMPROVEMENTS FOR USE IN ITS STO RM WATE R ENTERPRJSE; PRESCRJBING THE FOR.\1 OF THE BONDS ; PROVIDING FOR THE PA YME:-.IT OF THE BONDS FROM THE OPERA TIO OF THE STOR.1\1 WATER SYSTEM ; AND PROVIDING OTHER DETAILS AND APPROVING DOCUMENTS IN CONNECTION WITH THE BOl\'DS . (iv) ORDINANCE NO . 47, SERJES OF 2001 (COUNCIL BILL NO . 50, INTRO DUCE D BY CO CIL MEMBER GARRETT) AN ORDINANCE AUTHORJZING AN INTERGOVERNMENTAL AGREEMENT BETW EEN THE COLORADO DEPARTMENT OF TRANSPORTATION (COOT) AND THE CITY OF ENGLEWOOD D0CUME1'T!NG THE ARRANGEMENT AND RESPONSIBILITIES OF THE CITY OF ENG LEWOOD AND COOT FOR THE 1-25 SOUTHEAST CORRIDOR COLORADO TRANSPORTATION MANAGEMENT SYSTEM (CTMS). (v) ORDrNANCE NO. 48, SERJES OF 2001 (COUNC IL BILL NO . 51, INTRODUCED BY COUNCIL MEMBER GARRETT) I • 0 • • • --• ... I ·-· • • -.. Englewood City Council August 20, 2001 Page 6 A ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH COLORADO STA TE UNIVERSITY (CS ) FOR THE COOPERATIVE RESEARCH PROJECT ON LAND APPLICATION OF SEWAGE BIOSOLIDS ON DRYLAND WHEAT . (vi) ORDINANCE NO. 49 , SERIES OF 2001 (COuts:CIL BILL NO . 52 , INTRODUCED BY COUNCIL MEMBER GRAZULIS) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL GRANT FOR THE STABILIZATION OF THE THOMAS SKERRITT HOUSE BETWEEN THE COLORADO STATE HISTORJCAL SOCIETY AND THE CITY OF ENGLEWOOD. (vii) This item was moved forward . See page 4 . (c) Resolutions and Motions (i) RESOLUTION NO . 66 , SERJES OF 2001 A RESOLUTION ESTABLISHING THE HOLIDAYS THE CITY OF ENGLEWOOD SHALL OBSERVE . (ii) CONTRACT WITH AMERJCAN MECHANICAL SERVICES (AMS ) IN TH E AMOUNT OF $181 ,610.00 TO UPGRADE THE MALLEY SENlOR RECREATION CE NTER HV AC SYSTEM . (iii) RESOLUTION NO . 67. SERJES OF 2001 A RESOLUTION FOR THE APPROPRJA TIO OF FUNDS TO UPGRADE THE HV AC SYSTEM AT THE MALLEY SENIOR RECREATION CENTER. (iv) PURCHASE OF TWO NEW ALUMINUM REAR DISCHARGING BIOSOLIDS TRAILERS FROM WESTQUIP/MA Y MFG . IN THE AMOUNT OF $1 39,2 6 .00 (v) PURCHASE OF ONE NEW 5"' WHEEL EQUIPMENT TRAILER FROM TRANSWEST TRAILERS, LLC, IN THE AMOUNT OF $42 ,145 .00 . (v1) PURCHASE OF WATER METERS FROM MOUNTAIN STATES PIPE IN THE AMOUNT OF 531 ,989 .20 AND FROM WATERWORKS SALES CO ., IN THE AMOUNT OF $5 ,568 .80 . Vote results: Ayes : Nays : Absent : Motion carried . Council Members Garren, Bradshaw. Wolosyn, Grazulis, Burns None Council Members Nabholz, Yurchick 11. Rqular A&eoda (a) Approval of Ordinances on First Reading (i) Director Simpson and Capital Projects Manager Kahm presented a recommendation from the Englewood Environmental Foundation to adopt a bill for an ordinance transferring the former City Hall property to the Englewood Environmental Foundation . • t ) I • 0 2 • -• Englewood City Council August 20. 200 I Page 7 • • - Director Simpson stated the y were here to reque st appro\'al . on fir treading, fo r the rransfer of the former City Hall property. at 3400 South Ela ti Street . from the Ci ty of Englewood to the Englewood En\'ironmental Foundation. He explained that the purpose of the rransfer 1s to facilitate redevelopment of the property . primarily to begin demolition of the former City Hall building . As yo u know . he aid. ome of the building contains asbestos, and what we are eekmg to do . during the demohuon process, 1s to protect the City from any environmental hab1ht1es . We are only. acruall y. seeking the sou thern pomon of this property as a transfer at this time . not the enure parcel. There are actually two parcels that go wnh this . One is on the north side of the Englewood Parkwa y and the primary po rtion is o n the outhern portion. Ultimately, full survey work will be required and that has not been fully co mpl e ted at this time . That 1s ull required, and , probably, there will be so me reconfigurauon through so me subd1vtS1 on that will be required He noted that has not been full y detemuned . But . he said, with approval from Council tonight . \\C would be able to facilitate the redevelopment and demohuon of that building . Council Member Bradshaw asked what wa s our reason for wantmg to do the demohuon o urselves . Director Simpson advised that. pnmanly, It enhances the va lue of the property fo r re sa le or redevelopment. Without a building on that propen,•. he explained. "e are removing the risk of th a t removal. of the demolition, for potential developers. or potential resale. on that property . We believe that we have a better sense of what those environmental costs are. he said . Mayor Burns noted that we are also transfemng this property to the Englewood Environmental Foundation to remove the City from substantial finan cial environmental liability potential , the sa me as we did \\1th the CiryCenter project. It is a similar type ofthmg. he said. Director Simpson said we have actually conducted an ennronmental assessment on the building and we have a fairl y good understanding of what the environmental issues are within that bu1ldmg . We al so h,-·e a fairly good sense of what the cost ",II be for the demohuon and the remediati o n . We believe that ha"'"!l a firm handle on those costs will give us a bener sense of what those demoliu on cos ts Mil be , a opposed to a de.-eloper, not knowing exactly. He pointed out that even though they have that info nnatton available . the y do tend to add dollars to that potential and that n k. Council Member Grazulis asked about their nmeframe for starting the demoli tion. Capital Proiects Manager Kahrn said, assuming Council approves the rransfer on first reading this evening. that second reading would be on September 41 •. At that nme, he said. the re would also be a resoluuon . because we need the funds to go forward wtth this action. Then we would spend the next coup le of weeks hnmg up conrractors and environmental folks , he said , m order to, hopefully. take this down by the middle. or the end . of October at the latest . Council Member Grazuhs noted that at one ume Early Educauon. through Englewood schools. had expressed an interest in just using tt unul the demoli t10n . But, she said, that timing doesn "t seem to mak e that feasible at all. Capital Projects Manager Kahrn satd no, the building has asbestos m it and. quite honestly, when folks are in there there is always the possi bility that someone could be exposed to a bad situation. So, he said, it is best that we clean 1t up . Capital Projects Manager Kahrn added that he had talked to the building maintenance folks and found out that , in the month of July. it was cost us $ I ,500 .00 just for Publi c Service to keep the building open. And of course , he pointed out, those costs go way up in the winter. Ma yor Burns commented that the y have discussed before that if the developer did the demolmon 1t would cost a good deal more than if the City docs 1t. Mr. Kahm said he didn "t tlunk that was probably true , but the developer doesn ·1 know for sure and so he is taking a risk . So if you were working with the developer he would add money, to protect himself, in case he runs into something unexpected . In this parttcular ins tance. he said, at least we know that the cost of the demolition and the environmental cleanup 1s what n actually costs and we arc absorbing the risk that way . • I • 0 • • - Englewood City Council August 20, 2001 P:ige8 • • -.. Council Member Bradshaw asked 1fthere are any grants . Brownfields Grant, or anything like that available . Mr. Kahm stated that there is nothing that they are aware of. Mayor Burns asked ifwe had any more news about Siru . as we had invited them 10 make a proposal. Director Simpson said he was acruall going o, er some of the calendar dates that we have been going through. We met on August 8 .. , wnh S,rus , 10 discuss the Borders proposal. he said. to make sure they were completely clear. On Augu 1 10 ... Mr . Kahrn and I sat down wnh Cliff Weinberger and Skip Miller 10 go over the Borders proposal and potenual redevelopment ofth1s property. We discussed their murual interest and the City 's goals 10 make this land of deal a reality on this property. Mr . Simpson stated that Mr. Weinberger agreed to get a proposal put together within the next rwo weeks. 1 believe he was to forward that proposal on to lap '.\.1,llcr toda y, he said , and I am not certain whether that was completed. do need to follow-up on that . But , he said . we do anticipate it was . We are anticipating some sort of proposal or response from both of these parties by the end of the month and we have indicated that by August 31~ we should have some son of proposal. What I am going to be doing is setting up another meeting with the review comrruncc and Ma yor Burns and Council Member Garren will be anending that. Sometime in the first or second week of September. if we can get that 1,>roup together. I would hke for them to consider and review that proposal and make a recommendation back to City Council. So that is kind o f the timing that we see as to where this proposal nught be . he said . So, Council Member Bradshaw saui Mr. Miller ,s mvolved in Phase 2. Director Simpson advised that he is involved to the extent that since there ,s a Borders retailer interested in this proposal. and he is acrua ll y the broker, the representative . for the Borders reta iler and so he does ha,e some p01e n11a l ,meres t m 11 Council Member Bradshaw said at one time Mr. '.\.!,lier represented us . Director Simpson sa,d I don ·1 kn o " ifhe has ever represented us . Mayor Burns said he would have to agree . Ms . Bradshaw sa,d she J USl ha d 10 bear that said again . She commented that it will be interesting 10 see how that fall s out . City Anomcy Brotzman said, rcgardmg the question about assuming the liab,hty and the risk. that he ,s really happy that the rwo directors for EEF arc comfortable with what the risk ,s for abaung the hab,hry on this, but the reason EEF was formed was for EEF 10 accept the risk that was unacceptable for the C ,ry to bear. That is why we are transferring the property, and that is why we arc transfcmng 11 for SI 0 .00. because EEF is accepting the environmental liability. Council Member Bradshaw asked what the scenario would be if they don 't meet the deadline by the end o f August. Director Simpson advised that they would probably have to talk to the review comnuncc and dcterrrunc what course of action the review commince would like to take . There are a vancty of opnons and I tlunk they need to be discussed, he said . Council Member Bradshaw noted that Mr. Miller is paying u $3,000 .00 a day at this point . Actually, Director Simpson said, tlus is not about Mr . Miller as much as 11 ,s about Situs , because it is their proposal . We will be expecting a proposal back from Situs and. be said . that will need to go 10 the review commincc. Director Simpson opined that there will be a proposal , but 11 ma y not be somethmg that the review comminec finds acceptable . In that mstance , he advised, the review comnuncc will make recommendations to Council as a group and then Council can take ac11on on them. Director Simpson said he would advise Council to anticipate this proposal , m some form, conung back 10 Council for disposition by mid-September. Council Member Grazulis asked if. in the building itself, there arc any salvageable fixtures . Mr . Kahrn advised that there may be some lighting in the Library that's salvageable . We will handle all of that and go through the buildmg as much as we can, he said . Council Member Grazulis noted that, at one time, there were some plans to mo\'C some of the plants and landscapmg to this area. Mr . Kahm stated that they have moved what Parks and Recreation recommended. early on . What we propose right now is to save the bigger trees with the demolmon, because we don 't know what the redevelopment is really going to look like . Hopefully, be said, those can be saved and we will just have to sec how the site plan works out. • • I • 0 • • Englewood City Council August 20. 2001 Page9 • • -' Capital Projects Manager Kahin said there was one other thing he would like to mention . When we met and talked about this project last. he said, at a Stud y Session . l indicated that l thought the net value of thi s ground was probably about $600.000 .00. If you will not.e in this Council Communication, he said , l ha \'e gone back and looked at the one point one acres nonh of the Parkwa y. Al so. when the appraisal wa s done on the old City Hall site, the appraiser had actuall y taken o ut th e cost, not of the environmental cleanup, but of the demolition . So the actual net. he said. after demo linon and cleanup will still be reall y close to a million dollars . Council Member Wolosyn said that 1s \\hat she had m her head. so that makes much more sense to her. COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED, TO APPROVE AGE'.\'DA ITEM 11 (a) (i) • COUNCIL BILL :SO. 55. COUNCIL BILL NO. 55. INTRODUCED BY COt;NC!L MEMBER WOLO S Y'.'J A BILL FOR AN ORDl1sAN CE A u THORl Z !SG TH E TRA:S:SFER OF PROPERTY K."'iOWS AS THE FORMER CITY HALL FROM THE C ITY OF ENG LEWOOD , COLORADO TO THE ENGLEW OOD ENVIRONMENTAL FOUNDAT!OK Vole results: Motion carried. Ayes: Nays: Absent: Counci l Members Garren. Bradshaw , Wolosyn, Grazulis . Bums None Council ~1embers Nabholz. Yurchick (b) Approval of Ordinances on Second Read mg There were no additional items submittt'd for approval on second reading . (See Agenda Item IO -Consent Agenda .) ( c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (See Agenda !tern l O -Consent Agenda.) 12 . General Discussion (a) Mayor's Choice (i) Mayor Bums m,·ned everyone to the Bill Clayton backyard barbecue on Thursday and the Annual Employee P1cmc on Fnday . (ii) Mayor Bums advised that he will be anending a meeung with the Governor on Friday, along with other members of the Metro Mayor 's Caucus, to talk abou1 the upcoming special session on growth control. Hopefully, he said, that wt!l be of some use . The Caucus generally supports legislation to avoid an initiative that may be something we don 't want, as we have had in the past. He noted that some of the political pundits have written off this session before it begins , but we would like to make an anempt to get something out of this of some worth . (b) Council Member's Choice (i) Council Member Grazulis said she would like to consider waiving the fees for the Community Room for David Taylor Dance Theatre, because she believes we still need to have good relations wilh a potential partner in this group. We have been working very hard with tht'm, she said. and l suppon anything where they try to save money. • ) I • 0 • • -• Englewood City Council August 20, 200 I Page 10 ··-:.~ . • • • - Council Member Garren asked about the City's costs, as there will be cleanup costs and other costs. He said he would like for the City to at least recover the City's cost and consider a reduced fee . as opposed to a wa1vmg of the fee and sening some kind of precedent for that . Council Member Grazulis said sure . Assistant Ctty Manager Flaherty advised that the fee is built into the room charge . but 1t is not the total amount of the room charge. I will ask Public Works to estimate that fee for us. if Council so desires. he said, and we can bill that back to David Taylor Dance Theatre, if you so choose. Council Member Wolosyn said she would like to know what the fees are , first. Because if it is SS00 .00, she said, then I think maybe we would want to show suppon by splitting that or something . Assistant City Manager Flaherty advised that it really depends on the event . Just guessing, he said. 1 would say it is probably somewhere in the neighborhood of eight to ten man hours. which should put us in the range of$200.00 to $250.00 . Council Member Garren stated that one possibility 1s that Council has a meeting on September ~lh and perhaps they can get some hard figures or at least a fairl y good estimate . Council Member Grazulis said that so un ds good . I Mthdraw that, she sa id . (ii) Council Member Wolosyn advised that on Thursd a y night of last week she attended the Rage and Resolution performance and opening which MOA sponsored . I don't know if anyone is familiar with that program, she said, but MOA pa y hi gh sc hool age srudents to come and work on the issue of rage and resolution . Over the co urse of five or 1x weeks the y put o n a performance or an an show . We always talk about how we can engage that seg ment of yo uth, she said. the fifteen. sixteen and seventeen year olds, when it is not cool to be engaged in anything done by an mstirution . I thought this was a great example of a successful endeavor, she said, and the woman that was rurming it told me that quite a few oflhe srudents were from Englewood proper. Ms. Wolosyn said this program seems to be an example of something they are doing for our co rrununit y and our children . • • * *. Council Member Grazulis advised that this last Thursday night she and Council Member Bradshaw anended the dinner at the Malley Center and it was quite delightful. They really appreciated our presence , she said. . .... Mayor Bums advised that he has been invited to the National Night Out dinner at the Meridian on Wednesday night. Nancy Peterson called me today, he said, and invited me to that and I am sure anyone else would be welcome too . . .... Mayor Bums advised that they are planning a performance out here Saturday night. Council Member Bradshaw said the Denver Bagpipes and Brass will be performing at 6 :00 p .m . Mayor Bums noted that Linleton Mayor Susan Thornton will perform with that group and her husband is or>e of the leaders . They were also in the Western W ekome Week Parade , he said . 13 . City Manager's Report City Manager Sears did not have any matters to bring before Council. I • 0 • • • Englewood Cily Council August 20, 2001 Page 11 14 . City Attorney's Report ·"" • • - (a) City Attorney Brotzman recommended the settlement of the Linda Sandoval and Rohen Sandoval, Sr. v. Englewood Police Depanment, et al -Case No. 00-. -1885 for $112,500.00. That is based upon the risk ofa much higher settlement if this matter goes to Dial and the cost of pursuing hngation. simply the attorney's fees involved in the litigation . COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE THE SETTLEMENT OF THE LINDA SANOOV AL AND ROBERT SANOOV AL. SR. , .. ESGLEWOOD POLICE DEPARTMENT, ET AL-CASE NO. OO-N-1885 lN THE AMOUNT OF Sl 12.500.00. Mayor Bums noted it has been moved and seconded to settle the Sandoval lawsui t for SI 12.500.00 to a,·oiJ funher exposure and higher risk. Vote results: Ayes: Nays : Absent : Motion earned. Council Members Garrett. Brads haw, Wolo syn. Grazuhs. Bums None Council Members Nabholz, Yurcb,ck . .... Mayor Bums stated that he had a budget for the Rail-Volution Conference that Sue Bradshaw made up today. He passed it out for Council 's review. The staff has obtained my participation on a panel on the use of federal funding to stimulate urban redevelopment at this conference, he said. and I am not attending the whole conference. It starts on Thursday and I am going in on Thursday and I ..-,11 be there Thursday night . Friday night and Sarurday night . I have been told that my panel is on Sunday. We ha ve previously discussed the possil:ility of me going to that. he said, and there will be some exposure for our Ce nter and I thmk Lauri Dannemiller is also going to this conference on behalf of the City. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE MAYOR BURNS' ATTENDANCE AT THE RAIL-VOLUTION CONFERElliCE. Ayes : Nays: Absent : Motion carried. 15 . Adjournment Council Members Garrett. Bradshaw , Wolosyn, Grazulis, Burns None Council Members Nabholz, Yurchick The meeting adjourned at 8:22 p .m . • I • 0 - I' • • • l ' .. ' • PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED VISITORS SEPTEMBER 4, 2001 NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PERSON WISHING TO SPEAK SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. ADDRESS TOPIC Sis E €f~('I(. flv£ 13>~S,Cn\~ CCS1GN1 • • I· 0 • • ,. Western Arapahoe C uumy Homeks, · lliance House of Hope 330 1 South Grant treet Englewood. CO 80 1 I 0 To: Mayor Tom Bums Member of the Eng.le"ood Cit) Cour1C1l l\1a) or Bums and l\1ember of o unc iL • • - 7 September .t . 2001 I am here th1 e,cning to reque st that the Cal)· o fEng.le"ood "anc the penn1t fee for th.: 111,tall a11 0 11 ofa fire pnnkler S}Ste m at the Ho use o f Ho pe famil) helt er resource cent,·r As you kno ". The Western Arapahoe Count) I lo mele Alliance opened the I lo use o f I lo pe 111 .lan uar:'. 200 1 111 the o ld Arapahoe Ho use building at 330 1 o uth Gran t St. We are par11cularl~ g.rat.:ful fo 1 the as istance gi,en to us by the City of Engk\\ood a "e ll as numero us o ther local agen 1c , The House of Hope prO\ ides a safe s helter e11\ n o 111nent fo, fanuhe, ,, 1th h1ldren. a nd also a,,1,h the families with job placement. child care. parenring kill . and the other i-111 the) need 10 hecomc independent and uc ces ful when th~ lea, e the shelter \\ e gl\ e pri o nl;, 10 . \rapah oe Counr:, rcs1dcni- and we current!) ha\"e a lon g \\aiting li s t o fh o meles families I a1111I~ Tree. Inc o pera te , the ,helto.:1 program under a contract with \I. ACHA. Our old building is in need ofnumerou upgrade, Abs lutel) the 111 0 ·1 nt1cal I the need fo 1 a fire s prinkler system. "h' h "ill almo I triple o ur apac ll). fr o m 19 t 4 9 per o n Then \\C can beg111 1a k111 g intact families. rather than.1u st \\Omen '"th haldren (a \\e are do \\Ith reduced c apacit) ) With "inter approa.:hmg. "e kn o" "e "111 fill up qu1 cl-l~ f.:.etl) l\lad1gan . a fire ) stems engineer" 1th andahato De~1g.n G 1o up 1s de 1g.n111 g o ur ~stem.and has getierou~ly donated her project management labor fo1 1h1 p1 0J C t T hey are as I nng. us 111 o bta111111 g. donations or reduct! ns 111 pnce fo r the matenal needed \ contrac1or ha been selected . the p rojec t 1 undetwa} With th.: Cit) of Engle"ood 's help . and in panic ular Janet Gnmmett. WAC'HA has been able to use a $15,000 .00 Community Development Bl oc!-Grant to paniall} fund the s stem But thi s only co, er a portion of the es11mated S30.000 co t We expect over nme to be able to solicit donations and other ass , tan ce to pa} the co t o f thi s system. and in the shon run "e ha,e obtained a loan from th e Ent,de "ood Sm all Bu mes De, e lo pment Corpo ra11 on to pay construction costs so we can fini sh tht project However, as winter approaches we ha\'e lot s of need and ne,er enoug.h cash . and o it 1s "ith thi s in mind that we ask for your assistance by wai, in g the pem1it fees for the pnnkler } stem . Of course. an} other assistance you wish to !!,JVC would certain! be welcome. and if,ou ha,en't, is1ted the House o f Hope please gi,e me a call and I \11.ould be happy t set up a tour for }OU Thank ) ou for our con ideration. !Jdtct~~ Bill Cl~1on, !louse of Hope Sprinl.ler Project Coordinator • ., I • 0 ( • ( ' • . . .. • •• - C<.:7i6 L 1 , · hr, C L \ V l0-1-,.. trl : "? rtJ.., rwhc--- cv::t} ,u,l, )Ye.'... tCa Jru,.._, -r -I • 0 l, IL 0 I . 0 • • -----~--.------------------~~~~----------~------• .. .... .. .... , • -.. 109/04/200103:26 :58 PM Pet Ordinances ~ Thfesq@aol.co m on 9/04/200 1 03 :23 ·09 °M To : David Lynn/City of Englewood@COE cc: Subject Pet Ordinances This is NOT a "pet-haters " vs . "pet-lovers" issue . We are pet owners and enjoy animals . But Englewood is no longer a rural area , and it is completely overrun with dogs . You cannot ever try to enjoy any pub li c outdoor area (park , bike trail , hiking trail) without hav in g to contend with numerous dogs and the ir waste , barking and aggressive behavior. Far too many owners have not property trained the ir dogs and have NO consideration whatsoever for the rights of others . Much more stringent controls should be adopted . '1 - I • 0 • • -. ... . ,,,. August 30, 2001 Englewood City Council I 000 Englewood Parkway Englewood. CO 80110 Dear Englewood City Council, • .. • - AUG l ZUOl I would like to express my opinion about the City"s consideration of a new leash law . Dogs enjoy and need exercise. and many dogs get far too little . The backyards of Englewood are usually much too small to provide a young dog with the room it needs to run. The parks are the only place we have to exercise and socialize our dogs. We all strive to provide our dogs with enough stimulation to ensure a happy. healthy life . Unfonunately, a leash law will not deter the problem dogs that are the real threat to the safety of our citizens. A dangerous dog off the leash is just as illegal under current laws as it would be under a new leash law. Rather than enact new laws. penalizing those who have their dogs under control. we should consider levying stiffer penalties against those who don·t. Strictly enforced leash laws will not only take the fun out of a traditional and innocent activity, but will also nnn many of us into lawbreakers. We care more about our dog's recreational needs than we do about our legal standing. and we will be forced into playing hide-and-seek games with the authorities. This will do nothing but create animosity between a police force (which bas much more imponant issues to deal with) and a community that will not be deterred . 3375 S. Corona St. Englewood, CO 80110 . ' .. I· 0 - • • I• ; .. .. .. • -.. Memorandum To: Mayor Tom Bums and City Council From: Brenda CasUe, Deputy City Clerk Date: September 4, 2001 Subject: Voice Mail Message from C .J . Cullinan Today, I received the following comments from C .J . Cullinan, 1501 E. Dartmouth Avenue . relative to Council Bills 36 and 37 . She asked that I pass them on to you for tonight's hearing . 1. She stated that, if there is a need for a limit, she would agree to the higher number, which would be four. 2 . She did not like the idea of requirements on water containers, enclosures , etc . She suggested general recommendations in that regard , but not requirements . 3 . She did not want a leash law, but prefers the use of voice control. 4 . She agreed that it would be fair to require animal licenses. • .. l l I • 0 - • • • l• • . ,. • - MEMORANDUM TO : FROM : DATE: Mayor Burns and Members of City Council Le igh Ann Hoffhines, Communications Specialist August 22, 2001 SUBJECT : Citizen Call regarding Animal Ordinan ces ., I received a call this morning fro m long-time Engle wood re sident Darlene Sly ter , w ho w anted to expres s her o pin ion ab o ut the pr op o sed o rdinan ces regarding ani mal con tr ol. She will be unable t0 attend the Public Hearin g on September .f" due to a pre viou sl y scheduled engagement. I assu red her I would iorw ard her opi ni o ns to y ou be io re o u consider the ordin ances on second reading . M rs. Slvter is ve ry much against ha vi ng dogs off leashes in the C ity. Sh e be lie\ es tha t using voic e commands to con trol dogs is ineffective. and she o bjects to it. Mrs . Slyter also has concerns about people letting thei r dogs run in parks and sch ool pla y grounds. She suggested that signs sho uld be place d by Sinclair Middle Schoo l to keep pe ople from letting the ir dogs pla y w he re the chi ldre n plav. Additionall y, Mrs. Slyter wo uld like cat-ow ners to be resp ons ible fo r keeping the ir cats under control. She be li eves pet owners sh ould keep the ir dogs and their ca ts out of o ther pe o ple's y ards . M rs . Slyter does not w ant to be po rtra ye d as some o ne who doe sn 't li ke animal s. She has had pets of her own. She j ust w ants pe ople to be responsib le ior their pets . cc: Ga ry Sears , City Manager Dan Br o tzman , City Attorne y Lou Elli s, City Cle rk Bob Moore, Di vi sion Chie f Da ve Lynn , Code Enforcement Supervisor .. I • 0 • • ----,----~--------:---------~-------------• •· ... •• -.. MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor Bums and Members of City Council Sue Bradshaw, Executive Assistant~ August 27, 2001 Animal Ordinance .. I have received a few calls and have forwarded them on to the requested Counc il Member concerning the animal ordinance . In summary , they are as fo ll ows: 1. Sue Volle , 4610 South Bannock Street, requested that her Counc il Member vote "yes" for licensing and "no" on the water dish /shelter provision . 2 . Charles White 1126 West Princeton , felt that the ordinance should remain status quo. He did not want any changes and felt that we have what we need . If you have any questions , please feel free to call me. Thanks . Cc : City Manager Gary Sears Safety Services Director Chris Olson ' .. • l I· 0 2 • • ---------""7""----------;--------~~~~----------~-------• • - ~ "Jodie" <jruss4@qwestnet> on 08/2712001 07 :01 :37 PM ~7 To : Webmaster/C ity of Englewood@COE cc : Subject Re: Public Hearing September 4 , 2001 To Council Members. I am unable to attend this meeting , but I would like for you to know my option on animals issues . 1) I do think that 4 is a good number of dogs for anyone to have . We have many older people living in our city and th is is the ir children . their love, and company. 2)This one is out of the question, you are going to go in homes to see what bowl people are using for water, the shelter . Does the code lady have nothing else to do or does Englewood have more money than they know what to do w ith . 3 )I have lived in Englewood for 40 years and I always thought there was a leash law. This is important but hard to enforce , it should be a law. 4)As I said before 40 years , so I do remember when Englewood tried this before, guess what it didn 't work than and it will not work now. This j ust makes crimals out of normally honest people . Jodie Johnson 4765 south Bannock Englewood . Co . 80110 303-781-8654 ~ "Jodie" <jruss4@qwest.net> on 08 /2 7/2001 07 :10 :56 PM ~;:-::;., To : Webmaster/City of Englewood@C OE cc : Subject sepetember 4 pub li c hearing I think 4 dogs is great. lbelive we should be able to have as many as you want. 2 .Nobody has the right to tell anyone what to feed their pets out of. 3.Yes dogs should be on leashes .4 . No you should not have to license your pets . • .. I • 0 32 • • • • l• ... .. • • ' • ....... ..,. ,.. ; . fl'I ""' .--·:; August 20, 2001 -''. : ..... -... -,".,;.::..-;,..::;_.._,-,:';i:. _ -.. -. --,·. r.r -,. , "l ~·c.f')( :.~·. _-: • ,1 - Englewood City Council Re: Proposed Ordinance requiring dogs to be leashed when taken for a walk-- YES, YES, YES!!! Englewood's present "under voice control" ordinance is a farce. As a dog trainer, I can attest that probably 1% of Englewood's dogs have been accorded the training required to respond to verbal commands. Cases in point: #1. My husband, my granddaughter and myself have been the victims of, conservatively speaking, 10 dog anacks while on Englewood city streets with our leashed dog. Many of these involved a dumbfounded dog owner yelling their unleashed dogs name repeatedly, to IlQ avail , while our leashed dog was being anacked. Complaints to animal control resulted in our being told to carry a club or stick to assault the anacking dog on the nose. It is amazin~ the number of residents I have seen carrying sticks, clubs, etc. Lets eliminate them and have an on-leash- while-walking ordinance. One step further we would like the council to consider, is following Littleton's example. In some areas, dogs on leashes are limited to a 6' leash--more than adequate. The retractable leash many owners use, we can attest, merely allows the dog to accost other dogs and humans as the leash is rapidly feeding out and the owner is unable to attain iDl' control of the animal, even though it is leashed. We know suggesting this is a "shot in the dark", but hopefully might be considered. Trainers/dog exhibitors all use 6' leashes and they are more than adequate, while providing control, should an incident occur. Thank you for making Englewood streets a more enjoyable place to walk , and enjoy by considering these suggestions and opinions . Sincerely, Dwight and Jan Fitzgerald 3800 S . Elati St. Englewood, CO 80110 • ,. ' ~ . I . 0 • • • ,-. • • • 10 :37 :15 AM ~ HydroGeoCS@aol.com on 08/30/200110 :23 :37 AM To: Le igh Ann Hoffhines/City of Englewood@C OE cc : Ju lie Grazu li s/City of Englewood@COE , BAR KDIIN@ ao l.com. Be v5165@ ao l.com. Ann Nabholz/City of Englewood@COE . myurch ick@c i.englewood .c o.us , Doug Garrett/C ity of Englewood@COE. tbums@c i .englewood.co .us Sub 1ect Comment on Council Bills No . 36 and 37 August 30 , 2001 From : C indy Scott 3063 So . Fox St. Englewood , CO 80 110 To : Mayor Burns and Eng lewood C ity Counc il Re : Council Bill s No . 36 and 37 , pertain ing to Dogs and Cats Dear Mayor Burns and C ity Council Members : I am unable to attend the pub li c hearing on September 4th , and so I wis h i o subm it this document as wr itten testimony pertaining to Coun cil Bill s No 36 and 37 . In my previous experiences . I have come to know and trust th at th e Englewood C ity Council 1s extremely respons ive to c itizen input, and I appreciate th at fact. On this matter, however, I fear th at the overwhe lm ing maionty of th e citizen input on the issue of an imal control has been on the side of stricter control. If that is the case , I would suggest that part of the reason is . in fact . fear -n ot for themselves , but for their an imals . I would expect that few peop le , 1f anyone , will come to argue in favor of increasing the limi t on the number of dogs and cats , because those who are over the li m it liv e with the fear of being required to choose between their an imals, and have adopted the strategy of not attracting attention to themselves . Even in the case where a person is not over the li mit, there is the fear of pet poison in gs - so easy to do . hard to find the respons ible party, and so horrific 1n emotiona l impact that a pet owner is li kel y to hesitate to j ump into thi s debate. Because I fear they will be serious ly underrepresented , I feel 1t 1s important to try to speak on the side of the devoted pet owne r . The main po ints I wish to make are- -The li mit to two dogs and two cats per household or premises crimi na li zes people who do not need to be cr im inalized . Two negative consequences are that people who are in violation of this ordinance are often afra id to contact C ity Hall on any matter for fear (rightly or wrongly) of drawing attention to themse lves , and people with extra dogs may hide them in the ir homes . wh ich tends to resu lt in undersocialized and undereducated dogs . The "Dogs at Large definition" 1s poorly worded , and does not account for • .. I • 0 • • • • '· ,• •• - 10 :37 :15 AM many situations in wh ich dogs are under total control. The language appears to restrict or prohibit many types of dog training , activities . works hops , events , and demonstrations . Wh il e intended to re in in the irrespons ible pet owner, these ordinances also take a im at those who are seriously involved in dog activities . Bill No . 37 , amending the number of animals allowed in one household to be four animals in any combination of dogs and cats . I urge council to adopt this bill. I believe the most common situation addressed by this bill is the household with more than two dogs . I can think of many situations where responsible and law abiding citizens of Englewood might find themselves with three dogs - eg -Not aware of the restriction at the time the extra dog was acqu ired . ( I know ignorance of the law is not excuse, but in this case you've already got the dog, the dog is part of the family , what are you going to do ? Generall y, not get rid of the dog , legal or not.) -Tak ing in a dog from a relative or friend who is no longer able to care for the dog. and the dog is too old to be considered adoptable. I recently found myself in th is situation . If I had not taken in my mother's geriat ri c poodle mix , she would have kept the dog herself, even though she was no longer able to properly care for her. -A person has become actively involved in dog activ it ies . such as ag ili ty , herding, or flyball , but has had to ret ire their active dog due to age , disability , or illness . As someone who participates in th e sport of Ag il ity , I know there are many people who devote a great deal of time , energy. and passion to the sport . If for some reason they have to ret ire a dog , the choice between removing the dog from the household and ceasing participation in the sport can be an impossible one . -One of the dogs in the household 1s geriatric (and no bothe r to an yone but the owner) and the other would benefit from an active compan ion . In all of these cases , the person is very likely to acquire and keep the third dog in spite of the restriction , but also to live in fear of "getting caug ht". Bill No. 36 , concerning Dogs at Large . Vaccinations . Cruelty, and "Polluting Vegetation" I support the recognition of the 3 year rab ies vaccine . and th e add it ions to the section on Cruelty. I be li eve the section on "Dogs at La rge" has serious shortcom ings . Dogs at Large A str ict reading of this section leads me to be li eve it eve n restri cts such activities as dog boarding , train ing , or daycare . Take for example the situation of dog training. The dogs are supervised and contained at all times . but they are off the premises of their owners . and often not on a leash being held by a person . The ord inance reads : "It shall be unlawful for any owner or person having the care , custody and control to allow such dog to run at large in the C ity.· In this case , the person with "care , custody and control is the handler who is present along with the dog . What is the defin ition of "Dogs at Large"? The amended ordinance would read : "For the purpose of this Section , a dog shall be deemed to be running at large when off or away from the prem ises of the owner, possessor or keeper thereof and not on a leash held by a person able to control the dog ." I have partic ipated in many types of dog train ing which are necessarily conducted off leash . These include herding, flyball , and agility . In every situation, . - I • 0 • • • • • -.. 10 :37 :15 AM the training was conducted off of my own premises , but since I was present and handling my dog, the actual owner of the prem ises cou ld not be construed to be the "possessor or keeper· of my dog . These activit ies are very pos itive -they result in better behaved dogs that are better integrated into human society, and better understand ing by the general publ ic of what dogs are capable of. Even though th e language 1s stand ard and would never be enforced in th is way , I be li eve the word ing 1s fau lty . Another example of activities which wou ld appear to be proh ib ited are organized competitions or events, such as the annual Dog Fr isbee championships held annually on th e lawn at Arapahoe Community College . I also believe that individual dog training in public places is a good th ing . I occasionally will take a few portable obstacles to Cushing Park to train my Agility dog . While we are training, she is totally focused on the task at hand . and she has my full attention . One of the biggest keys to training, and to hav ing well adjusted dogs , is exposin g them to many different environments and training in those environments . I believe th at penalizing people for pursuing serious training is a bad thing , and unnecessary for (actually counter to) accomplishing the goal of keeping dogs under control. I would suggest the following alternate wording for th e defin ition of "Dogs at large·: "A dog shall be deemed to be running at large when off or away from th e prem ises of the owner , possessor, or keeper thereof and not restrain ed eith er by a leash ; confined in a car , crate , dog run . or other suitab le enclosure; or under direct voice and sight control. The dog owner/handler may be required to demonstrate voice and sight control. Voice and sight control means : -Dog comes promptly when called and allows the owner/handler to take hold of the collar -Dog is not allowed to chase wildlife , and can be called off -Dog is not allowed to go up to another person without perm iss ion -Dog will s it , down or stay at a distance -Dog is within sight of and attentive to th e owner/handler at all ti mes" I am not able to attend the Publ ic Hearin g in person because I will be teaching a Dog Obed ience class on that night . As a volunteer instructor at the Dumb Friends League . l have contact on a weekly bas is with numerous people who are willing to devote tremendous time and energy to raising a well adjusted and well behaved dog . As a volunteer for the DFL Behavior Hotline , I know that people wi ll go to extraordinary lengths to re so lv e behavior problems . I also know that behavior problems can not be resolved unless a person is allowed to train , and that effective train ing includes work ing with the dog off the premises of th e owne r . In conclus ion . I urge that Council adopt Bill No . 37 , and th at 8 111 No. 36 not be adopted with the current word ing of Secti on 2 conce rni ng Dogs at Large . Thank you for your cons ideration . S incerely , C indy Scott • , . ) I • 0 • • -. Aua-Zl•ZOD1 Dl :Uaa Fr- Date : To: From: • .•. • - Thursday, August 30, 200 l Major Bums and Members of City Council Lin Tiffany, Englewood Citizen Dear City Council Members: HU P.DDZ/ODZ F-047 I am writing to express my opinion regarding limiting the number of dogs in the city of Englewood that will be discussed at the Tuesday, September 4, 200 l City Council meeting . First and foremost .... ! AM A ANIMAL LOVER!! Second ... .! have been a citizen of Englewood for over 25 years and have owned Dalmatian dogs that entire time. As you know this breed has been exploited over the years due to the Walt Disney movies and their unique look. My dogs are all rescue dogs, ones that have been on their way to shelters, rescued from shelters or rescued through the Dalmatian Rescue league. Had I not rescued these animals , they more than likely would have been destroyed. I am also an active and supportive partner with Dalmatian Rescue League. But beyond dw I am a responsible Englewood citizen . My yard is extremely well kept and clean. I never let my dogs run off leash. I walk them almost every day (even though they have a large back yard) and I never walk them without carrying a plastic bag , which I use to retrieve any 'accidents '. If we go out a night we arc always home by curfew just in case one of the dop would bark. I do the above items out of respect for my neighbors and respect for the city. I should.!!! be limited to caring for my dogs and having/owning future rescue doss because certain citizens do not maintain the same level of care for their community. The issue at band is irresponsible dog owners, not the number of dogs per owner. This initiative addresses the symptom not the underlying problem. PUNISH the abusers not the true lovers and caretakers of animals. .. • I ) I· 0 • • • • I· ... • - Memorandum TO : Ma o r Burns and Members of Citv Co un cil FROM : Leigh Ann H ofthines, Communica tions Spe ci alist August 30 , 2001 DATE: SUBJECT : Citizen Comments o n Council Bill s , o. 36 and 3 7 (pertaining to dogs and cats , and th e number of animals all owed per household) Council Member Grazulis has re cei ed the fo ll owing ci tizen comments pertainin g to the o rdi nan ce s scheduled for Publi c Hearin g during th e September 4, 2001 City Co un cil Meeting. A number oi these ca llers are unable to attend th e meetin g due to a co nflict with Ba c k to School Nigh t. Karen Pilgrim (4975 S. Lo gan Street): Vo iced o ppo siti o n to gove rnment co ntro l (, o to more government) . especiall y th e wa t er b owl regu lati o ns . Pe o pl e sho ul d be able to tak e care o i their pets (not abusi v e, of course ). Caitlin Cy boro n (40 10 So. Logan Street): Voiced o pp osition to an more laws (l eash laws & number of p ets ) · we sh o uld ha v e dog parks. Kayle y Crabdree (4000 So. Logan Street ): V oiced oppositi on to both the prop o sed leash law ordinance and the ordinance regulating number of animals. Pr isci lla W o lford (4501 S. Lin co ln Street): Vo iced opposition to le ash laws and o ther animal laws . Th ey should leash cats . Tra c Curry (4601 S. Penns lvania Str eet): Voiced opposition to leash laws and pet numbers and an more government regulations . Lind a Buckle (4400 bl ock S. Linc ol n Street ): o iced oppos it ion to leas h laws as th ey ar e t oo proh ibit iv e for children wa lking the ir dogs . Renee Leth (4500 block S. Pen ns vh ania Street): D oes no t own pe ts and wan ts to li m it everything to do with an imals . The Co lemans (999 W . Stan fo rd Avenue ): V o iced opposition to the prop ose d leas h law ord inan ce; V oice d support fo r the proposed ordinance limitin g number of pets . Pe ople should be able to let their animals off leash . What about the cats that come over and kill birds? Ja neen Wright (W . Princeto n A enue ): Too much gov ernment. responsible pet owners should be responsible for th eir pets . Should be a place for dogs to run. • .. • ) I • 0 • • PROOF OF PUBLICATION 1llE ENGLEWOOD HERALD STATE OF COLORADO ss COUNTY OF ARAPAHOE I, ...,_, lanp, do IOllmnly ..... lhal I am the Editor cl the Englewood Benld and lhal the Uffll la • WNlcly ..... per publllhed In lhe city of L.illlllan In the County of Arapahoe, State ol Cokndo. and ha • general c:inulllon ther9in; lhal 1111d ,-apaper ..... been pubbhed conlnloully and ~- edly In said County ol Anlpllhoe tor • period ol men than 52 WNkl pctor lo the first publication ol lhe anMll8d nolice; that Aid,_...,. la er-.cl In the Poll Office ol Lllllelon. ColaradD. u Second Cius Mail manar and t111t the said .-.pape!' la • .,. • ....,.. within the IMMlng ol lhe act ol .. G-ral Assembly ol the ltala ol Cokndo. applOV9d March 30, 11123. and entitled ·Legal NollcN and AclvertlNIMnta" and oCher acts NIii- ing ID the printing and ~ ol legll nolic:el and WU publiahed In lie 199'* and entire issues of said MMlpapel', once each WNk. on the same day ol each -it. for a period of _Lconsecufrve insertionS and that 1 the first publication of said notice was in - ::: or said new~ dated C4.l.J~/Q200, The last publication or said notice wu in the issue or said newspaper dated ..---2001 ~$~ • /"" ·----- • • - NOTICE OF PUBLIC HEARING -·---.. cay -.... cay .. .....-. Cd-................ ~ ....... ca,~-.--...,..... .. .., .. ,: ........ .. cay __ .. .......... ~-··-.....--· .. -... ~-mu T, CMWT9' 1A. OF -__.. woao-.com-.- T-10 DOGS OMI CATS. CCOUN- CL a.L IID. 111 0MI All «-ANCa -ffl\.E ?. CttAPfflt 1A, OF -----CODE ---10--0F ---/ffA-· HOLD OIi -CCOUIOCL e,u. IIO.:IT) Al-----.............. ,..._ ........ 1111'1 .... IDlle ....... 9' .. Cllf Cllltl "' S:00 p.ffl. on •PftlaPI &. 211. AnyaM: ..... to ..... M .. ---..... CllyC:.0'0 ()flloa, --712-24GI to __.. ._. ,..........._or • ...._.,... ....... ........ .... doDf. .. ---~CllyCouncif, ,,___a.-.CIIIC ' CllyCllrO cay .. .....-·-.....--........... ColDndO .,,o ,___, AUGUST 10, 2001 -.awooo HPALD•mlO .. ) I • 0 • • • August 30, 200 I Englewood City Council I 000 Englewood Parkway Englewood. CO 80 I IO Dear Englewood City Council, - .EC AU G 1 ZU01 I would like to express my opinion about the City's consideration of a new leash law. Dogs enjoy and need exercise. and many dogs get far too little. The backyards of Englewood are usually much too small to provide a young dog with the room it needs 10 run . The parks are the only place we have to exercise and socialize our dogs. We all strive to provide our dogs with enough stimulation to ensure a happy. healthy life. Unfortunately, a leash law will not deter the problem dogs that are the real threat to the safety of our citiuns. A dangerous dog off the leash is just as illegal under current laws as it would be under a new leash law. Rather than enact new laws, penalizing those who have their dogs under control , we should consider levying stiffer penalties against those who don't. Strictly enforced leash laws will not only take the fun out of a traditional and innocent activity, but will also turn many ofus into lawbreakers. We care more about our dog's recreational needs than we do about our legal standing, and we will be forced into playing hide-and-seek games with the authorities. This will do nothing but create animosity between a police force (which has much more important issues to deal with) and a community that will not be deterred. ~ ~.~ 3375 S . Corona St. Englewood, CO 80 I IO • I· 0 • • -. • ·~ ' ... - PUBLIC HEARING ROSTER September 4, 2001 AGENDA ITEM NO. 9a PUBLIC HEARING BEFORE THE ENGLEWOOD CITY COUNCIL TO GATHER CITIZEN INPUT REGARDING: COUNCIL BILLS NO. 36 AND 37, AMENDING ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO ANIMAL CONTROL ISSUES AND THE NUMBER OF ALLOWED PETS PER HOUSEHOLD. N you wish to speak at the Public Hearing, please sign below. ADDRESS .,,(.)7) s G '11 ·1 '.l St .1'--"--'-----"'a....,_;;..:....;.o.:.~-----'::,(.,==-'-''J...--=--=G:....: . ..:...1 ?i::..:'_;"''---<::._;{c..._ __ _ ~-11ev., ~" .,, ·. "1 i3 vi Yl<.. t+-Lf 0 4 u S \' ~ ST, ~r r .1 uJ(, -ffs-y ::;, 5 (-S . ~L 4 40{; 1)£C\.,v,. P. -G/e.(A..,.__ 1-,itl ). t)e~c'\.(v • ... I· 0 • ' .. . • . • - ., 1.l \..- .1 fl :~C . ..... )eA1ytvf il , lv,\),&ia ', '"37'/5: S-CY .J >l e /C-,r/o ( ~ly..c;/t_l • /)', z. C G-,r/l v_r PL. • ff /S ~ (,_, t,1· c:) ') ~ ~ 5 2.. S . ~Q "'"' -I· 0 • • • l-. ' ... .. ' ' .. ~ • • .. .. .. NAME ADDRESS .) • • I . 0 • • 2 • • -• ORDINANCE NO._ SERIES OF 2001 ,. • • - BY AUTHORITY A BILL FOR COUNCIL BILL NO . 36 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE AMENDING TITLE 7 , CHAPTER lA. OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO DOGS AND CATS. ... WHEREAS , the recommended time between vaccinations for dogs and cats has changed over time : and WHEREAS , this Ordinance will update the dog and cat regulations to reflect those changes; and WHEREAS , the Englewood Code Enforcement Advisory Committee has reviewed the current dog at large provisions of the Englewood Municipal Code and has determined that control by v01ce command has proven inadequate to maintain control of dogs when the dogs are away from the premises of the owner or keeper ; and WHEREAS , the Englewood Code Enforcement Advisory Committee has reco mm ended t he City require that all dogs be on a leash when away from the pre mises of the owner or keeper : and WHEREAS, the Englewood Code Advisory Committee has revtewed the cruelty to d ogs and cats provisions of the Englewood Municipal Code and recommends modification s to prope rly care for such animals: NOW , THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO, AS FOLLOWS: Section I. The City Council of the City of Englewood, Colorado hereby amends Title 7, Chapter lA, Section 1, of the Englewood Municipal Code 2000. to read as follows : 7-lA-l: Definitions. For the purpose of this Article, certain terms and words are herewith defined as foll ows: .4.djoining Owners, Residents: The owners and res idents of lands that are supported by a co mmon boundary line. ,\1ti.-i Ga,e,~~, ~e~: The penen er persene empe eres e, the Cit, te eMeree the prel\eiene efeme ,\reiele . Animal Shelter: Any premises designated by the City for the purpose of boarding and caring for any animal impounded under the provisions of tlus Article or any other ordinance or law of the State of Colorado . ... .. 9 a ) I • 0 • • • • • .. • - Rabies: A viral encephalitis, almost always fatal to both wild and domestic animals. that may affect any warm-blooded ammal but is most co mm on m carnivores and new world bats. In the United States, foxes . s kunks and raccoons are the major wild carnivore h osts. though domestic dogs and cats remain the most imp ortant so urce of human exposure. Sectjon 2. The City Council of the City of Englewood . Colorado hereby a mends Title i . Chapter lA. Sections 2 and 3, of the Englewood ~lunic1pal Code 2000, to r ead as follows : 7-lA-2: Running at Large Prohibited. A. Dogs at Large . It shall be unlawful for any ow ner or person h aV!ng the ca r e , custody and control of any dog to allow such dog to run at large m the City . 11nle ss s 11eh <leg is ttnaer the ressensele eentrel ef s11eh e .. ner er l'ersen . B. h For the purpose of this Section. a dog s hall be deemed to be running a t la r ge when off or away from the premises of the own er. possessor or keep e r the reof and not ttflaer the eentrel efJ11eh e ,nier. !'e3Jes,et s r '.1eeiie., .. he Jl,all be eeml'etent te eefttrel s11eh aeg srta , he fflft , ee r etj 111rea te aef!le11 _trste 1e a memeer efthe Cit_. Petsennel, his e t her aetlttJ te ee ntrel J,1eh aeg .. henuc:, sttel, aegis rtet ltel't en er eerttPellea i!J a leash . ,e,a e r eh111n net te e.ceee!l ten feet (Hl '). CitJ shell msintaift a reeera ef all dflifflals 1m!l e t1naea tegether "ith all fees eelleetea on a leash held bv a person able to control the d og. i!-. P.letnithstsnaing an) eftke "re.-is1 ens ef this Seetien. a aeg s ksll ee aeeme!l net ttftaer ressen11ele eerttrel • hert 11n, ef the fe!le" tftg eenaitiefts eee t1P : &. &. The aeg irtfliets !l11mage er ini,1r, e , e1ting , j t1m!l11tg t11i e1t . iiellutin~ ef .egetetien, er 8) llftJ etker meens .. l!!ttsee,er. te tke ller se r, a r l'rel'ert) efen_.ene eth er then thee ne .. e.ceel't 1n the defense af the enrter, his femi:I) er !'rel'ePtJ . er Bf!) aeg 11rtaer the eel\tPel 81\a eemmerta ef II l'eliee effieer '" the ee ttrse sf his a ttt_.. In the eese ef llftJ ttnS1'8J e!l fef!!Bie aeg, , lttle seia aeg is in estPtts (in heet er in se11sert) 11rta net seettrel. eel'l!inea 11\ tke e .. neP 's , !!PB . !'en er ether enelesttre . Does Not Under Reasonable Control. )let .. 1thstena1ng 11n. ef the !!Pe. is1e1ts ef tfl:ls Seetien e lier; s h111l. ee aeemea t'let ttn!ler rea Je P111e le eef!t? el .. he!\ Bl\_. ef the fell.e .. ing eenaitiens eeetu . It shall be unlawful fo r the perso n having t he ca r e custodv and control of anv dog to not mamta m that d oa under reasonable co ntrol. Notwithstanding a nv of the proV1s1ons of Section . .\. a d og shall be deemed not under reasonable control when anv of the following condiqon s occur: The dog inflicts damage or mJun' bv bmng jumping upon pollutmg vegetation or bv anv other means whatsoever. to the perso n or propertv of anyone other than the owner except where the dog acts in the defense of the owner his famjlv or propertv · or except where t he dog is under the control and command of a police officer m the co urse of h1s/her dutv . 3 • ) I • 0 - • • • • • -.. ~ In the case of any unspaved female dog. wh.ile said dog 1s in estrus (in heat or in season) and not securely confined in the owner's vard. pen or other enclosure. ~-B . Cats. It shall be unlawful for any owner of a cat to allow such c at to run at large in the City and to become or create a nuisance . ~otwithstanding any other prov1s1ons of th.is Section. a cat shall be deemed to be a nuisance when any of the foll owing conditions occur: l. The cat inflicts damage or injury by bmng, jumping upon , polluting of vegetation or by any other means whatsoever, to the person or property of anyone other than the owner. 2 . In the case of any unspayed female cat. while said cat is in estrus (in heat or in season) and not securely confined in the owner's yard, pen or other enclosure. &.-.Ue,r,al~ . .'.n, e .. ner er persen fettnd pilt; sf ,oislattl'lr; an~ ef the pre, 1siens e f this Seetien sltaH l,e pttttislted as pre ides in Seet1en 1 I 1. Einr;le "eea :I.I ttmeipal Gede ~- 7-lA-3: lmpoundment of Animals; Notice, Disposition. A . Any dog or cat or dogs or ca ts. found running at large a nd/or creating a publi c nuisance. and any dogs or cats sub1ect to cruel treatment as s pecified m Sect10n 7 · lA-7 EMC, may be taken by the .'ultlllal Centre! Offieer Citv and impo unded m the shelter designated -~ the City .'nltllli!I Sltelter and there confined m a hum a n e manner for a period of not less than SL'C (6) days and may thereafter be di p osed of in a humane manner if not claimed by their owners. Dogs or cats net mav be claimed by their owners before the expiration of s ix (6) days, Q ogs or cats not claimed bv their owners before the expiration of s ix (6 ) davs may be d1sp o ed of at the discretion of the Cjty .\nimm Centre! Offieer, except as hereinafter proV1ded . B . The !am!ull Centre! Offiee1 Qn, may transfer title of a ny dog or cat held a t the Animal Shelter to the Society for the Prevention of Cruelty to Animals after the legal d etention period has expired and such dog or cat ha s not been claimed by its owne r . C . When dogs or cats are found running at large and their ownership 1s known to ffie :uttmal Canu el Offieer Citv personnel, such dogs or cat s need not be impounded, but s uch~ personnel may cite the owners of s uch d ogs or cats to appe a r m co urt or the Violations Bureau to answer charges of the VIOiation of th.is Article . D . Immediately upon impounding dogs or cats. the .'attmal Centre! Offieer C!n, shall make every possible, reasonable effort to notify the owners of s uch dogs or cats so impounded and inform such owners of the conditions whereby they may re gai n custody of such dogs or cats. 4 • ) I • 0 • • • • - Sectjon 3. The City Council of the City of Englewood, Colorado hereby amends T itle 7. Chapter lA, Se ction 5, of the Englewood Municipal Code :!000 . to read as follows : 7-lA-5: Vaccination Required . The owner of each dog or cat which is six (6) months of age or older s hall cause said dog or cat to be vaccinated against rabies wi t h either annual or three /3) vea r rabies serum. Such vaccination shall be repeated thereafter as required bv the serum . Dogs or cats shall be vaccinated by any veterinarian licensed to practice veterinary medicine . A certificate of vaccination, in duplicate , shall be completed by the veterinarian, one co py to be iss ued to the dog or cat owner and one to be retained in the veterinarian·s files . Any dog or cat in the custody of the Citv lift) psli.ee sf6eer, .\J1±msl Cefttrsl Offieer or in the Cit~ pe1tft!l shall be released to the owner of said dog or cat for a period of time n ot to exceed five (5) days in order to obtain the vaccination of the dog or cat. Sectjon ;l. The City Council of the City of Englewood, Colo rado hereby a me nds Title 7, Chaptt<r lA. Section 7, of the Englewood ~1uruc i pal Code 2000. to r ead as follows : 7-lA-7: Cruelty To Dogs And Cats. ~-It s hall be unlawful to kill. main . di sfigure . torture , torment. negle ct. beat with a s ti ck. burn or scald with any substance, or cause a dog or ca t to endure unreasonable or uniustlfiable pain. suffering or injury . ~ Care and Maintenance. It shall be unlawful for any perso n keeping or harbonng an,· dog or cat to fail or refuse to provide such dog or cat with proper food drmk shade and shelter. Proper food drink shade and shelter s hall reguire that : !, Each dog or cat shall receive an adequate dajlv s upply of clean fresh food suitable for the nurture of the species· physical co ndition and a ge s ufficient to maintain a healthy level of nutriuon Each dog or cat s hall at all times have an adequate and accessible s upplv of clean fresh potable water and s uch water sha)l be proVlded either free-fl owing or in a clean stable receptacle. Each dog or cat housed outdoors shall have convenient access to a ppropriate weather and temperature-resi sta nt shelter throughout the vear. :\ny s helter shaH be structuraHv sound clean adequately sized and mamtained m good repair to protect the dog or cat from imury and from the elements ~-The living area for the dog or cat shall have adequate dramage such that the dog or cat shaH be free to walk sit stretch or lie down on a drv surface 5 • .. I • 0 • • • ~- • • - ' If a dog or cat 1s housed outdoors. in addition to a s helter it shall be provided with an enclosure to minimize risk of injury and to provide s uffiqe nt s pace to enable freedom of movement and exercise. Sectjon 5. The City Council of the City of Englewood, Colorado hereby amends Title 7, Chapter lA , Section 8-1. of the Englewood Municipal Code 2000 , to read as follows : 7-lA-8-1: Removal of Excrement; Damage to Shrubbery or Plants. A. It shall be unlawful for any person in possession of. harboring , or in charge of any dog to refuse or fail to remove forthwith, excrement deposited b y said dog upon a common thoroughfare, street, sidewalk, play area , park or up on other public property, or upon any private property within twentv-four (24 ) hours after bemg deposited, .. hel'l permissiel'I ef the e .. fteP er te1'11tl'lt ef ssiii prepert) Piss !'let eeel'I setsil'leii, and such is hereby deemed to be a public nuisance and protub1ted . Dog excrement shall not be placed in storm sewers but s hall be dispo ed of in a s anitary manner. B. It shall be unlawful for any owner. possessor or perso n who kee p s any dog to permit such dog. whether or not running at large. to des troy . damage or miure a n y shrubbery, plants, flowers . grass, lawn. fence or anythmg what oever upon any public premises or upon any private premises owned or occupied by a person othe r than the owner. possessor , or keeper of s uch dog . and the sa m e 1s he r e by declared to be a public nuisance and prohibited. Section 6. The City Council of the City of Englewood . Colorado hereby amends Title 7, Chapter lA, Section 11 , of the Englewood Mumc1pal Code 2000, to read as follows : 7-lA-11: Destruction Hearing. A. Whenever the conduct of any dog or cat has res ulted m two (2) convictions of offenses proscribed in Section i-lA-10 EM.C eftne liil'lgle .. eeii Mttl'lteipsl Celie within a B . consecutive two (2 ) year period : or is res ponsible for inflicting death or grievous bodily harm upon a human being, the City of Englewood may initiate a hearing in the Englewood Municipal Court petitioning that court for an order of destruction of that dog or cat. Notification will be given to the dog or cat owner, as the named respondent. of the hearing date, place . and time no later than fifteen (15 ) days prior to the hearing . This notice will be acco mpanied with i nformation on which the hearing is based. C. Except as otherwise provided herein, the hearing will be co nducted in accordance with the provisions of Section 1-10-1 EMC, efSl'lgle .. eeii Mttl'lieipsl CBiie af2999. notice and hearing procedures. The City of Englewood will have the burden of proving the allegations by a preponderance of the evidence. The re s pondent is e ntitled to be represented by counsel at respondent's expense and has the right to cross e xamine any witness called by the City, the right to present witness es and evide n ce , and to testify or not. 6 • I • 0 •• ... -~ • ·,. • - 0 . The Municipal Court will determine at the hearing whether the dog or cat, because of its vicious propensities, presents clear or present danger to the safety of the citizens of Englewood . When the dog or cat has been the subject to two (2) conV1ctions of attack not resulting in grievous bodily harm . or property damage of five hundred dollars ($500.00) or more within a two-(2) year period. or it is responsible for inflicting death or grievous bodily harm upon a human bei ng , there is a presumption the dog or cat has vicious tendencies and presents a clear and prese nt danger to the safety of the citizens of Englewood . This presumption can only be rebutted by clear and co nvincing evidence to the contrary. U pon the co urt's determination that the dog or cat presents a clear or present danger to the safety of Englewood ci tizens . the court will order the City to destroy the dog or cat forthwith . E . If the dog or cat is not confined bv the Citv in the En~le .. eeti .'tmmsl Jhelter , the City may petition the Englewood Municipal Court for a forthwith order to confi ne the animal pending the outcome of the destruction hearing, and the costs of said confinement will be assessed by the Municipal Court at t he termination of the hearing. Section 12 Safety C)auses The City Council hereby finds . determines . and declares that this Ordinance is promulgated under the general police power of the City of E nglew ood . that it 1s promulgated for the health , safety, and welfare of t he public. and that this Ordinance 1s necessary for the preservation of h ealth and safety and fo r t he protection of public co nvenience and welfare . The City Council further determines that t h e Ordinance be ars a rational relat10n to the proper legislative obiect so ught t o be obtained . Sectjon )3 Severability If any clause , se ntence . paragraph. or part of tlus Ordinance or the application thereof to any person or circums tances shall fo r any reason be adj ud ged by a court of competent jurisdiction invalid . s uch ;udgment shall not affect. imp air or invalidate the rem a inder of this Ordinance or 1t application to other persons or ci rcum stances. Section 1:1 lnconsjstent Ordjnances All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 15 Effect of repeal or modjficatjon The repea l or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release , extinguish. alter . modify, or change in whole or in part any penalty, forfeiture. or liability , either civt l or criminal, wluch shall have been incurred under s uch prov1s1on . and each provision shall be treated and held as still remaining in force for the purposes of s usta1run g any and all proper actions , suits, proceedings. and prosecutions for the enforcement of the penalty . for fe iture . or liability , as well as for the purpose of sustaining any judgment. decree . or order whi ch can or may be rendered, entered, or made in s uch actions , suits . proceedings . or pros ecutio n s . Sectjon 16 ~ The Penalty Provision of Section l--1-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 6th day of August, 2001. 7 I • 0 • • • ;--·• • • • Published as a Bill for an Ordinance on the 10th day of August, 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 6th day of August, 2001. Loucrishia A. Ellis 8 • , . .. 0 I • 0 - • • • ORDI NANCE NO. SE RIES OF 2001 • • - BY AUT HORITY A BILL FOR COUNCIL BILL NO. 37 I NTROD UCE D BY COUNC IL MEMBER~~~~~~~ AN ORDINANCE AMENDING TITLE 7, CHAPTER IA, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINI NG TO THE NUMBER OF ANil\1ALS MAINTAINED AT A HOUSEHOLD OR PREMISES . WHEREAS , t he current ordina n ce limits the number of a nim a ls a ll owe d to be ma intai ned at one h ousehold or premises to two dogs a nd t wo ca ts: a nd WHEREAS , this a m endm e nt will se t that number at four a nim a ls in any co mbi n a tion of dogs and ca ts; NOW , THEREFORE , BE IT ORDAINED BY THE C ITY COUNC IL OF T H E ITY OF ENGLEWOOD , CO LORADO , AS FOLLOW S: Sectjon I. The City Co un cil of the City of En glewood , Colo r ado he reby amend Title 7, Chapter IA , Section 4, of the Englewoo d Municipal Code 2000 , to r ead a fo ll ows : 7-lA-4 : Number of a nimals maintain ed on pre mi ses ; lice n se r q u ire me n ts. No hou se hold , pl ace or pre mi ses may h ave mor e th a n ~ fo ur O) dogs or cats ove r s ix (6) months of age without firs t havi n g procured a City hobby br eede r 's licen se as he reina fte r provi ded . These four (4} ani m a ls may be m a ny com bination . By way of example: a h ouse hold m ay ha ve three (3} dogs a nd one (1) ca t or a nv other co mbination of dogs and cats so long as the total number does not excee d fo ur (4) animals. A City hobby breeder's license shall not be r equired where the pl ace or pre mi ses are currently licensed as a pet s h op or boa rding kennel , purs u a n t to sectio n 12 -57-101 et se q. C .R.S . 1973. All ltettseltelas present!) eo 11iflg three (3) a egs e r eets ii itltettt a Itel,!,~ l!reeaer's l:iee11se IBB) meintei11 tlt e three (3) a egs e r eets ettrre11tl) e .. 11ea ettt eltaH net meintein me re tlte11 t .. e (2) a egs e r et1 t s ttp e11 th e aeetlt er less ef e ii 11er@ltip ef sne er mere ef the ett.rr entl) e ii net! three (3) aegs e , eat&,- Sectjon 2 Safety Clauses The City Co uncil hereby fi nd , det ermines, a nd declares that this Ordinance is promulgated unde r the ge neral police powe r of the City of Englewood, that it is promulgated for the health, safety, and we lfa r e of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Co uncil further determines that the Ordinance bears a rational r e lation to the prope r legislative object sought to be obtained . -1- • 9b ) I • 0 • • -• .-;,,-• • .. t • • •• • Sectjon 3 Seyerabjhty If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of compete nt jurisdictio n invalid , s uch judgment s h a ll not affect, impair or invalidate the r emainde r of this Ordina nce or it applica tion t o other pe rsons or circums tances. Sectjon 4 Inconsjstent Ordinances All other Ordina nces or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof a r e h e r e by repealed to the extent of such inconsistency or conflict . Section 5 Effect of repeal or modjficatjon The r epeal or m odification of a ny provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify , or change in whole or in part any penalty, forfe iture , or li ability, either civil or criminal, which shall have bee n incurred under s u ch provi s io n , and each provision shall be treated and he ld a s still r e maining in for ce for the purposes of sustaining any and all proper actions, suits, proceedings , a nd prosecutions for the enforcement of the penalty, forfeiture , or lia bility, a s we ll a s fo r the purpose of sustaining any judgment, decree , or order which ca n or m a y be rendered, entered, or made in such actions, suits , proceed i ngs, or prosecution s. Sectjon 6 ~ The Penalty Provis ion of Section 1-4-1 EM C s h a ll a p ply t o each and every violation of this Ordinance. Introduced, read in full , and passed on first r eading on the 6th day of Augus t , 2001. Publis h ed a s a Bill for an Ordina nce on the 10th d ay of Augus t , 2001. Thomas J . Burns , Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis , City Clerk of the City of Englewood , Colora do , h e r eby ce rtify that the above and foregoing is a true copy of a Bill for an Ordina nce , introduced, r ead in full , and passed on first reading on the 6th of August, 2001. Loucrishia A. Ellis -2- • I • 0 - • ORDINANCE NO . SERIES OF 2001 .. • • - BY ..\CTHOR!TY A BILL FOR co ·:-.:c rL BILL :-JO . 56 l. TROD CEft,(B~C lL ;\LE '.\lBER __,...ZJi~""L__"'~""'l.f--- AN ORO J;,,;A:-;CE ACTHOR!Zl:-JG AN INTERGO\'ER:'\'.\IE. ·T.\L AGREE:\I ENT ENT ITLED "C O. TRA T AGREE '.\IE . T FOR I:'\TO:'ULYZER 5000E'.'J Pl..i\CE:\1E. 'T" BETWEEN THE OLORADO DEPART:'-1 E0!T OF P C BLIC' HE.\LTH A:-JD E::-..,1RQK;\I E'.',;T . L\.BORATOR'i AND RADTATIO:-J -ER\1 CE.' 01\l 'IO:-.: . .\: D THE !TY OF E:--: LEWOOD . WHERE..\ . h e Colorado Department o Health ha s mandated that all c urre nt T ntoxilvze r 5000 m s trum nts us d by all Colorado law e nforce ment agencies be re placed w1 h the '.\l ode! 5000E:s; no l:nrr than July 1, 2002 : and \\'HERE the lntoXJ!vzer ,;000£:,.; 1s the m ost acc ura te. r eliable. ~tate-nf-th -ar qu1pment available and capable of remotelv ran nu tmg darn and dwgno, 1c tnformauon to the olor ado Departmen o t H alth: and WHERE..\ •. the Engl ewood 'afet~· Sen,ces Departm •nt c urren lv own , one lntoxilvze r 5000 and would ha,·e be n co mpelled to purchn~e a n In x1 h-zer iJOOOE:'\ in the fiscal year 2002 . and \\'HEREA . the City of Engle woo d "afety e rvi ce D p a r m nt applt d and hab be n a warded a grant for fund.mg wluch will s upport a r pla ce m e nt program o update the c urrent lntoxtlyzer 5 00 with the e nhanced lntox1 l vzer 5000E, , and WHEREAS. the grant wtll prov1de 75 °'o of the unding for u new ln Xlly ze r 5000E:-J a nd the 1ty will provide matching fund for the re maming 25 %, :,.;ow . THEREFORE. BE lT ORDAJ:-.:ED BY THE CITY ·oc:s: IL OF THE C ITY OF E:-.:GLEWOOD . COLO R.ADO , A ' FOLLO\\' Sect10n 1. The City Council of the nv of Englewood. Colorado h r e bv authorizes the e ntermg into an tnte r go,·ernmental agreement e ntitle d ·Co ntract Agreem e nt For lntoxtlyzer 5000EN Placement ... a co py of which 1s mark ed as "Exh1b1t A " a nd a ttached hereto. Secno n 2. The Du-ector o f 'afety Services 1s he reby amhonzed o ,ugn ~aid '"Con tra ct Agree m ent F or lntoxtlyzer 50 OE:-.J Pl ace m e nt 111tc rgovernment::tl agreement on behalf o f t he ity of Englewood . Introduced . r ead in full , a nd passed on first reading o n the Ith day of ·ep t ~mbe r . 2001. -1- .. ) I • 0 • • • . ..-. • ,. .. ' . . . • .. STATE OF COLORADO 8111 Q\,ens Governo r Jane E. onon , E>.ecu l 1\e D irector Ded,cJ red co prot,:cr ,ng and ,mpro\,mg th e h~Jlth and e-m ,ronmenr or the peop le of Colo rado 4 300 Che rr y Cree\... Dr S LJbor.1t or. .-ind Rad1Jt 1on Ser.,c~ D1 v 1s1on Denver , Colorado 80246-1530 8100 Lowry Blvd Ph o ne 13031 692-lOOO Denver Colorado 802JO-o9 ~M TDD Line I JOJI b91-i700 iJOJJ bq~.)090 l ocated 1n Glend ale. Colorado htrp :/A vww.cdphe.)CJte.co.us Jul y 23, 2001 Lt. Steve Knoll Eng!e'.vcod Pc!i(:e Dep:1nmer.t 3615 South Elati Street Englewood. Colorado 80110 Greetings ; Color.ido Department of Public Health and Environment The Colorado Department of Publ ic Health and Environment, Laboratory and Radiation Service Division , (the Departme nt ) has s ubmitted a Highway Traffic Safety Project Application for a grant award of Federal Funds und e r sectio n 4 10 from the Colorado Department of Transportation . afe ty and Traffic Engineerin g . The Highway Traffic Safety Project grant bas been appro\'ed. thi funding will support a replacement program to update the aging lntoxil yzer 5000 wit h th e ne\,er enhanced Lnt o xil yzer :'vtod e l 5 OOE .. The Englewood Police Department has been selected to participate in this project. Enclosed 1s a description of the conditions and contract agreement that your agency must meet to q ua lify to participate in this program. As this project is approved, the Department will provide 75° o or S4.:!00 .00 in funds to cover the cost ofan lntoxilyzer 5000EN. Your agency will be required to match the remaining 25 % balance or $1,400.00 . Agency funds must be secured b y the Department. payab le to CMI, Inc , before our program places the order for the lntoxil yzers. Based on final approval. and to meet the project timelines, requires yo ur agency to procure funds without delay . If yo u are interested in participating in this program to assist yo ur Jgency in the purchase and placement of the newer lntoxilyzer Model 50UUf:.'.\I p le ase contact o ur office no iJter ti1an Jul y'2§, 2001 . A non-response will be taken as a "NO" interest by yo ur agency The Department has mandated all agencies be converted to th e new SOOO EN Intoxilyzer by Jul y I , '.!002. For further information. questions or concerns contact the Certification Program at 303 .692.3289 . l'vl ic h:iel T . Davia. Manager Certification Program Cc : • ) I • 0 • • • ) .. ,. ,., ... • - lntoxilyzer Model SOOOEN Placement Criteria lntoxilyzer Model SOOOEN placement will be determined based on the following priority ; • State wide coverage and distribution • Counties which are currently using an older Model lntox ilyzer but DO NOT have a SOOOEN • Counties which currently have one 5000EN but have t',vo lntox:lyzer locations • Counties currently with no lntoxilyzer locations Counti es with older Model lntoxilyzer and NO 5000EN j Moffat Co . S.O . 0 era Co . S.O Jackson Co . S .O Sedgew ick Co S.O ogan Co . S.O . Kit Carson Co S .O. I Baca Co S 0 . Che enne Co . S .O. Huerfano Co S.O Linco ln Co S .O C s er Co. S .O . San Juan Co . S .O Las Animas Co S .O . Arcnul eta Co . S .O. Crowley Co . S.O Clear Cree Co . S .O . Dolo res Co. S .O . Delta Co. S .O Chaffee Co . S .O . Park Co . S.O . Fre ant Co . S .O Counties with ONE lntoxilyzer 5000EN Yuma Co . S 0 . Rio Grande Co . S . 0 . Saguache Co . S .O P itkin Co. S.O . R io Blanco Co . S .O . Routt Co S .O . Counties with NO lntoxilyzers Wa sh ington Co. S .O . 1 Ouray Co . S.O Mineral Co. S .O . iowa Co. S.O. ~ • I I . 0 • • • l·;.._1 ... ' • ••• • .. Colorado Department of Public Health and Environment A, Laboratory and Radiation Services Division Certification Program High\vay Traffic Safety Project Law Enforcement Agency lntoxilyzer 5000EN Placement Location Selection Contracts & Agreements January 5, 2001 . ' I . 0 • • • ----~-----------;--------------------------~-• . •· .. •• - Under the grant guidelines, the Department of Public Health and Environment will apply $4,2 00 towards the instrument and the City of Englewood will appl y $1,400. The instrument will be then become the property of the City of Englewood, so long as the City complies with all maintenance. site requirements and periodic inspections as determined by the Department of Public Health and Environment. FINANCIAL IMPACT: The total cost to the City of Englewood, Department of Safety Services will be $1 ,400. which will be paid through existing accounts or approved forfeiture funds . By participating in the grant, the City of Englewood will save $4,200 dollars (in fiscal year 2002). UST OF ATTACHMENTS: 1. Letter of grant notification and requirements from Michael Davia, Colorado Department of H ea lth and Environment 2. Co p y of DOH location selection , placement criteria and priorities 3 . Cop of contract agreement between State of Colo rado and City of En glewood, Departm ent of Safety Services signed b y Director Chris Olso n • . ' 0 I • 0 2 - • • J \_, -• Date September 4, 2001 ··, .. • •• -.. COUNCIL COMMUNICATION Agenda Item: 10 a i Subject: Saie ty Services-Poli ce, lntox il yze r Gra nt •. INITIATED BY: Department of Safety Serv ices STAFF SOURCE: Director Chris Olson Lieutenant Ste ve Knoll COUNCIL GOAL AND PREVIOUS COUNCIL ACTION: To approve an inter-governmental agreement between the City of Englew ood, Department of Safety Services. Police Division, and the State of Colorado. Department of Publi c Health and Environment. This agreement would allow the Department of Safety Services to p arti c ipate in a Highwav Traffi c Safety Project grant which prov ides 75% ($4 ,200 ) of the funding for a new lntoxil ze r model SOOOE Th e Department of Safety Services wo uld provide matching funds for th e rem aining 25 % (S 1,400). RECOMMENDED ACTION: Approve The approval of this agreement is co nsistent with th e goals of both the City of Englewood and th e Stat e of Colorado in reducing motor ve hicle accidents caused b y intoxicated drive rs and wi ll all ow th e Department of Safety Services to more effectively protect the health , we lfare and safe ty of th e community. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED: Th e Colorado Departm ent of Publi c Health and Environment has received a grant awa rd of Federal Funds under section 41 0 from th e Colorado Department of Transportation , Office o f Transportation Safety . This funding provides for the c ritical ne ed to repla c e o utdated bl ood alcohol leve l detection ins trum en ts (lntoxi lyze rs ). The D epartment of H ea lth has mandated that all c urrent lntoxily zer m o del 5000 instrum ents be repla ce d w ith the m o del 5000EN by all Co lorad o la w enfo rce m ent age ncies by no later th an Jul y 1, 2002 . Th e lntoxilyzer 50DO EN is the m os t accurate, reliabl e, state-of-the art eq u ip m ent a ailable , capable of rem o tely transmitting data and diagnostic informati o n to th e Department of H ea lth . Th e Department of Safety Services currently owns one model 5000 and wo uld have been compelled to purc hase a m ode l 5000 EN in fis ca l year 2002. Th e grant prov ides funding for the Department of Publi c Health and Environment to purchase 50 suc h instruments, 40 of w hich are to be distributed to local law enforcement based o n placement c rit eria es tablish ed by th e Department. The City of En glewoo d is eligible to re ce ive o ne instrum ent. howeve r no tiii ca ti o n of this eligibility was no t re ce ive d until luly 23 , 200 1, with a dea dlin e fo r providing matching funds by no lat er than Jul y 3 1. :!001. Bec ause of this late notifica ti o n, th e D epa rtm ent of Safet Ser. ices has already provid ed the S 1,.iQO in matching funds to th e Stat e of Colorado in anticipation of appro al of this agreement. Failure to do so would ha ve cos t th e City the o ppo rtunity t o participate in the grant. 0 I • 0 • • • l •.: -, .. .. . ·~ • -' Published as a Bill for an Ordi nance on t he 7th day of Se pt ember, 2001. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood. Co lorado, hereby ce rtify that the above and foregoing is a true cop y of a Bill for an Ordinance, introduce d , read in full , and passed on first reading on the 4,b day of September, 2001. Loucrishla A . Ellis -2- ~· . . 'I ) I • 0 • • • ' . .. •"" ... .. • • ' CONTRACT AGREEMENT FOR INTOXIL YZER SOOOEN PLACEMENT A law enforcement agency must agree to the follow ing condit ions before lntox ily zer Mode l SOOOEN placement 1s approved 1.0 Total cost of the unit is $5 .600 .00. Colorado Department of Pu blic Health and Env ironment will ;xovide 75% or $4 ,200 .00 in fund s provided by Highway Sa fer; Project Grant toward the purchase of the instrument. Each law enforcement age ncy will contribute in match 25% of cost to purchase lntoxily zer rvlodel 5000 EN . Agenc:1 will provide $1,400 .00 in funds payable directly to manufacturer, CM I, Inc . 2.0 Law enforcer:,ent agenc ies agree to use the lntoxilyzer 5000 E N ir.te ncec for th e purpose of support ing the enforcement of Drivi ng Under the Influence of Alcohol and or Drugs statutes . These activities are performed 1n support of the Oepar.!T'e nt goal to prov ice for public health and safety through efforts to reduce alc oho l anc drug-0 elatec cras hes . ve hicular assat.:lts and related iata lit ies and ·u,,en il e ·,1olat 1cn for Illeg al Possess ion /Consumption of Ethyl Alcohol by an under age persc n. T' e Departme nt is charged with these respons ibilit ies uncer the Co lorad o Re ,11 sec Stat te s (CRS ) Sec tions 43-4-4 02 . 42-4-13 01 , 1303 and 1304 (Veh icle a nc Traffic A lco ho l and Drug Offenses ). Section 18-3-2 0 5 CRS (V eh 1c la r Assa It ,. spec 1fic a 10n o f tests uncer Sec:ion 18-3-10 6 CRS (V e hicu lar Hom 1c :de ,. Se c:1on 18 -13 -122 ( U cer age possess ion o r con sumpti on ). 3 .0 Law enforcement age nc ies agree to fo ll ow and ab ide b y all guid eli nes anc requ irements se t fcrt 1n t he R UL=S AND REG U LATIONS C O CEi=(f\ 11 G TESTING FOR ALCOHOL ANDOTHER DRUGS APPROVED BY TrE COLORADO BOARD OF HEALTH. 5 CCR 1005-2 , effecti ve January 30 , 1999 . 4 .0 Eac h agenc ; w ill prov 1c:e for law e nfo rcement personne l to atte nd tra ining a· t e Oepa!'!ment to be tra in ed as ~e~i"i ed lntox :ly :er Opera to r.' l ns:ruc~ors . Eac h ager:c:/ is requ ired to have at least one certified l ntox ilyzer 5000EN Operator/ l nstruc:or on staff. 5.0 The cert ifi ed l ntox ilyzer 5000 E N Operator/ Instructor for each agenc y w ill conduc t at least one tra ining class to train personne l to be certified as lntoxil yzer 5000 E N Opera tors . Each agenc ; is rec;u ired to have at leas t two certi fi ed l ntox ily zer 5000 E , Operators on staff . -. 6 .0 Eac h agency will use the ir lntoxilyzer Model 5000EN unit for Operator trair.ing classes and follow c lass material as provided by the Department. 7 .0 Eac h agency will cornpiy with locat ion rec;uirements and ec;uipment needs determined by the Department and be subject to on-site in spections for l ntoxil yzer Mocel 5000 EN location to determine comp!iance for approval. 8 .0 Ea cn ai:;enc y w ill be accountable for the l ntoxilyzer Model 5000EN throughout th e useful life of the equipmen t. When the unit is no longer used for the original intencec purpose or can no longer be used it must be returned to the Department. • " ... ' B I T A 0 ' . I . 0 I • • • - 9.0 Law enforcement agencies will cooperate in a collaborative effort with other local law enforcement agencies to facilitate DUI enforcement efforts . 10 .0 Upon meeting these conditions, ownership of the lntoxilyzer Unit and equipment will be transferred to law enforcement agencies . This ownership will be contingent upon the continued fulfillment of these conditions or the equipment will be returned to the ownership of the Colorado Department of Public Health and Environment. AGENCY: E~leu:e,rl (),fl S Srt,fy 9HEMIF: Q,v:i:l'v cro ~ AUTHORIZING SIGNITURE: = i-,= DATE: 7/J7/u( ,. .. • J I· 0 2 .___.- • ......... ORDINANCE NO._ SERIES OF 2001 • • -' BY AUTHORITY ABILL FOR .. COUNCIL BILL NO. 57 INTRODUC~CIL MEMBER~~..._~...-aML-~~ AN ORDINANCE ACCEPTING THE DEDICATION OF A RIGHT-OF-WAY LOCATED AT THE INTERSECTION OF BAKER A VENUE AND TEJON STREET I N THE CITY OF ENGLEWOOD , COLORADO . WHEREAS, a duplex has been built at the co rner of Baker Ave nue a nd Tejon S treet by the current property owner ; and WHEREAS , during the minor subdivis ion pl a t s ubm ittal for this deve lopm e n t the City determined that a portion of the existing h a ndicap r a mp at this inter sect io n was on private property ; and WHEREAS , this dedication will create public Right-Of-Way ove r these sidewa lk improvements; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Sectjon 1. The City Council of the City of Englewood , Colorado hereby accepts the dedication to the City of a twenty-two (22 ) square foot Right-Of-Way at the intersection of Baker Avenue and Tejon Street by the owner, Jackson Engineers, Inc., Thoma s L. A. Jackson, President is attached hereto as Exhibit A. Introduced, read in full, and passed on first reading on the 4th day of Septe mber , 2001 . Published as a Bill for an Ordinance on the 7th day of Se pte mber, 2001. Thomas J . Burns, Mayor ATTEST : Loucrishia A . Ellis, City Clerk -I - • . ' I • 0 • • • rsr)ASPEN • . •" ·..: •• • .. Surve.ying, Inc . LEGAL DESCRIPTIO~ SOLTHLA WN GARDENS A~~EX At:GUST 10, 2001 .. ~g g 3 Sou~""t P eo r i o s ~ Sc ,te 15C A u ,~<c, CO 80 0'. • Pr,,,n e (3CJ ) 7 5C -•590 Fe , (.30J) 7 5 0-:)6 <& A PARCEL OF LA:\D SITUATED 11' THE NORTHWEST QL'ARTER OF THE SOUTHWEST QUARTER OF SECTION 28 , TO\VNSHIP 4 SOUTH . RANGE 6R WEST OF THF 6TH PRNCIPAL MERIDIAN. A PART OF LOT 16. BLOCK 2, SO UTHLA\\;\' GARDENS AN:"1/EX. CITY OF ENGLEWOOD. COU1'iTY OF ARAPAHO E. STA TE OF COLORADO. MORE PARTICULARLY DESCRIBED AS FOl.LOWS : COMME:,,JCl:\G AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SO UTHWEST QUARTER OF SAID SECTION 28 AND CONSIDERII\G TH E EAS T LII\E OF THE NW QUARTER OF THE SW QL'ARTER OF SAID SECTION TO BEAR !\00°18'45''E ; THE~CE ALONG SAID EAST LINE N00°18 '45''E, A DISTAl':C E OF 29 2.26 FEET TO A POINT ; THE:-iCE !1.89°39'10"W, A DISTANCE OF 30 .00 rEET TO THE l"iTERSECTION OF TH E WESTERLY Ll1'E OF TEJON STREET (60.00 FE ET WID E) AND THE NORTHER LY LIN E OF BAKER A VENUE (50 .00 FEET WIDE) A:"1/D TH E POINT OF BEGlt-."'NING : THENCE ALONG THE NORTHERLY Ll!'IIE OF SAID BAKER AVF.l',j UE. N89°39 ' IO "W. A DISTANCE OF 10.00 FEET TO A POINT OF 1\01'-TA'.';GENT CURVATURE ; THENCE AL01'G THE ARC OF NON-TAl'\GENT CURVATt.:RE TO THE LEFT. A:'IJ ARC LENGTH OF 15 .71 FEET , SAID CURVE HAVl'.'IG A DELTA OF 90°02·os". A RADl l!S OF 10 .00 FEET AND A CHORD WHICH BEARS t\45°19 '48"E. A DISTA:'IICE OF 14 .15 FEET TO A POI1'T BEING ON THE WESTERLY Ll~E OF SAID TEJ0:'11 STREET ; THENCE ALONG SAID WESTERLY LINE , S00°18'45''W, A DISTAll:CE OF 10 .00 FEET TO THE POINT OF BEGll\'NII\G . CONTAINING 22 SQUARE FEET Of LA~D OR O.OOOS ACRES OF LAND, MORE OR LESS . . ' ) I . 0 --. • - • - ) • I • 0 -. • • • -• Date September 4, 2001 INITIATED BY: . . . .. ,,-. • • -.. COUNCIL COMMUNICATION Agenda Item 10 a ii STAFF SOURCE: .. Subject: D edi cat io n o f Right -o f-Wa y at 20 0 1 W est Bak er Avenu e De artment of Public Works Ken Ross, Director of Publi c Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION Staff rec o mmends that City Council approve a bill for an ordinance to accept the dedic ation of 22 square feet of right-of-way at the intersection of Baker Avenue and Tejon Street. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED A duplex has been built at the corner of Baker Avenue and Tejon Street by the c urrent property owner. During th e minor subdivision plat submittal for th is development, staff determined that a porti o n of th e existing handicap ramp at th e intersection is on private property. This dedic ation w ill all ow all sid e valk improvements to remain in the public right-of-wa . FINANCIAL IMPACT There is no financial impact. LIST OF ATIACHMENTS Pr oposed Bill for an Ordinance Area Map Legal Description , . . ' . I· 0 • • ~A t•tf 1 .. . . . ' r " • • ' I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 4th day of September 2001. Loucrishia A. Ellis -2- ,. ~ . ' I • 0 - • • .. .. ..,,. .. .. I • -~ DEDICATION OF RIGHT-OF-WAY K..lllOW ALL MEN BY THESE PRESE:,ITS. that JACKSON ENGINEERS , INC .. THOMAS L. A. JACKSON, PRESIDENT. Owner, whose address is 8751 East Hampden -B2 . Denver, Colorado 80231, of the propertY located at the intersection of Baker Avenue and Tejon Street (also known as 2001 West Baker Avenue). En1lewood, Colorado 80ll0. County of Arapahoe. State of Colorado, does hereby dedicate to the CITY OF ENGLEWOOD , a municipal corporation duly orcanized and ewtinl under and by virtue of the constitution of the State of Colorado . public richt-of.way for street and other City purposes upon. across. in, throu1h and under the followin11 described real property situate in the City of En11lewood. County of Arapahoe, State of Colorado. to wit: A parcel of land situated in the Northwest Quarter of the Southwest Quarter of Section 28 , Township 4 South, Range 68 West of the 61h Principal Meridian. a part of Lot 16, Block 2, Southlawn Gardens Anne:t, City of Englewood . County of Arapahoe. State of Colorado, more particularly described as follows: Commencing at the Southeast corner of the Northwest Quarter of the Southwest Quarter of said Section 28 and considering the East line of the NW Quarter of the SW Quarter of said section to bear N00° 18' 45"E ; thence along said East line ~00°!8'45 "E . a distance of 292 .26 feet to a point: thence N89°39'10" W, a distance of 30 .00 feet to the intersection of the Westerly line of Tejon Street (60 .00 feet wide) and the Northerly line of Baker Avenue (50 .00 feet wide) and the point of beginning: thence along the Northerly line of said Baker Av e nue , :-J89°39'1 0"\V , a distance of 10 .00 feet to a point of non·tangent curvature : thence along the arc of non,tangent curvature to the Left. and arc length of 15 .il Feet. said curve having a Delta of 90°02'05", a radius of 10 .00 fe et and a chord which bears N45°19'48" E . a distance of 14.15 Feet to a pomt bemg on the Westerly line of said Tejon Street; thence along said Westerly line. S00°1S'45""W. a distance of 10.00 Feet to the Point of BeciJminll . Containinl 22 square Feet of land or 0 .0005 Acres of land, more or less. Also known by street address as : 2001 West Baker Avenue En11lewood , CO 80l!O SIGi-."ED A."ID DELIVERED this}/ '!fday of¥· 200 l. STATE OF COLORADO ) ss . ) JACKSON ENGINEERS , INC . By: _-f...i.T_h:.:(~:):!~C:::s::itL..!:.~:....~~:...!J...ca~c.,.' cso"n:.J~p,::i.r~..::es=:id=e=n=--,t-- v COL'NTY OF The fore1oin1 instrument was acknowled1ed before me this ~aay of Awpu,S r _ 2001 , by Thomas L. A. Jackson, President of Jackson Engineers, Inc. Ys owner. My Commission expires: I lJ / 4 0 a.S-FI • I!: " .. I a I ,T A \ . 0 ,• .. ' . , I • 0 • • • .. EXHIBIT A -c:: [~' rt) I -:.: l..O 'I IG tu .Lll'K i. ~O l. TIii ~WN c:,urnr.~-= Af\NSX z l ;:. 0 .. .,. :.·o· ·.,,r,r I,· PO INT OF --CO M\ff.NC"'-1 1:;1 I -..., ,; ;:s":~:/;"' 1.-,. :w 111 w, '"· ,:-~ O•IS ·)ll tt ,:J'1 'I.J 11.1 "'1':U,,I & 'lflPAJ ~"'"'' r.a.w-if •• ~ 1\1 ' ........ r: Cfriil'" ~ !l l 'lt.' '·( II 'A:"-t ·: Cl'.I. l • ,c ; .-f\L ! 1/'~ :.1 J rd ~:;.p '-f,/AN;;f 3CX 'S //;JI I ASPEN Surveying, Inc. 299l 5o f'£0RIA S TltlCT SUl1£ l!IO A.ttora . CO IOOH """"· (JOl) 1'0-•~ • .. I • 0 • • '. ,•' ORDINANCE NO.O() SERIES OF 2001 • • . - BY AUTHORITY ' COUNC IL BILL NO . 54 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE AUTHORIZING ACCEPTANCE OF A $7 ,500 GRANT FROM THE COLORADO DEPARTMENT OF LOCAL AFFAIRS (DOLA) FOR ENTERPRISE ZONE MARKETING AND ADMINISTRATION. WHEREAS, in 1990 the City of Englewood applied to the Co lor a do De p artme nt of Local Affairs and was granted, Enterprise Zone status for a m a jority of the industrially and commercially zoned property in the City of Englewood ; and WHEREAS . the South Broadway corridor and the Cinderell a City site re ceived Enterpnse Zone designation effective July 1, 1998 : and WHEREAS, the Department of local Affairs h as a competitive grant prog ram for Enterprise Zone s. which provides marketing and a dministr ative s upport; a nd WHEREAS . this is the 6th year in which the Co mmunity Development De partme nt of the City of Englewood has applied for and receive d s uch funding ; and WHEREAS, the Enterprise Zone is used in the City as a ve hi cle for bu si ness retention; and WHEREAS, by encouraging businesses to take advantage of Enterprise Zone tax credits, an opportunity is created for businesses to strengthen operations through reinvestment of these dollars back in their business; and WHEREAS, the Colorado Department of Local Affairs requires that the City provide matching funds to meet grant requirements; and WHEREAS, the Contract between the Colorado Departme nt of Local Affairs a nd the City of Englewood pledges $7,500 in local matclung funds to meet t hi s obligation : and WHEREAS, this Grant and the matching funds will be used for Enterprise Zone marketing and administration in the City of Englewood ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sectjon 1. The Contract between the Colorado Department of Loc al Affairs. Economic Development Commission for the acceptance of a $7 ,500 Grant to be u sed for Enterprise Zone Marketing and Administration and the City of Englewood is attached hereto as Exhibit 1. -I - • ,. . 10 bi I • 0 • • • • .. • - Sectjon 2. The Contract between the Colorado Department of Local Affairs , Economic Development Commission for the acceptance of a S7 ,500 Grant 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 Contract for a nd on behalf of the City of Englewood. Sectjon 3. The City Manager and the Finance and Administrative Services Director are authorized to transfer matching funds from the General Fund Unreserved Fund Balance to the Community Development Budget of the City of Englewood , Colorado. Introduced, read in full. and passed on first reading on the 20th day of August, 2001. Published as a Bill for an Ordinance on the 241b day of August, 2001. Read by title and passed on final reading on the 4th day of September, 2001. Published by title as Ordinance No .~ Series of 2001, on the 7th day of September, 2001. Thomas J . Burns. Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No ._, Series of 2001. Loucrishia A. Ellis -2- • ) I • 0 - ...... • • • • • - EDC #470 DEPARTMENT OR AGENCY NUMBER EDA CONTRACT ROUTING NUMBER CONTRACT THIS Contract, made this __ day of , 2001 , by and between the State of Colorado for the use and benefit of the Colorado Office of Economic Development. Economic Development Commission ("E .D.C."), 1625 Broadway #1710 , Denver, Colorado 80202, hereinafter referred to as the State, and .Q!y_.Qf Englewood. 1000 Englewood Parkway Englewood. CO 80110 , hereinafter referred to as the Contractor . WHEREAS. authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered ba lance thereof remains available for payment in Fund No . 156. Approp. Code 316, Org . Unit ..E.e8Q_, GBL . Contract Encumb . No . E2EDC470 : and WHEREAS, required approval. clearance and coordination has been accomplished from and with appropriate agencies ; and WHEREAS, the State desires to promote economic development in Colorado by assisting local communities in expanding their economic base ; and WHEREAS . pursuant to 24-46-101 to 105. C.R.S . 1987. the Colorado Economic Development Fund is created. and is to be adm inistered by the Co lorado Office of Economic Development in the Office of the Governor: and WHEREAS. applications for distributions from the Colorado Economic Development Fund have been received by the Econom ic Development Commiss ion; and WHEREAS . the Economic Development Commission has rev iewed and recommended to the Governor that the project described in this contract be financed with a grant; and WHEREAS, the Governor has rev iewed the proposed ex;:end iture of money from th e Eco nomic Development Fund to finance the project described in this contract: and WHEREAS. the Contractor is an elig ibl e recip ient of Coloraco Econom ic Deve lopment funds : NOW THEREFORE it is hereby agreed that: 1. Scope of Services. In cons ideration for the monies to be received from the State , the Contractor shall do, perform. and carry out . in a satisfactory and pror:;er manner. as determined by th e State . all work elements as indicated in the "Scope of Services", set for,.h in the Attached Exhib it A . here in after referred to as the "Project". Work performed prior to the execution of :his Contract shall not be cons idered part of this Project. 2. Responsible Administrator . The performance of the services required hereunder shall be under the direct supervision of the employee or agent of Contractor identified in the attached Exhibit A .. who is hereby designated as the administrator-in-charge of thi s Proj ect. At an y '.ime the administrator-in-charge is no t assigned to this Project. all work shall be suspended until the C;:;ntractor ass igns a mutually acceptable replacement administrator-in-charge and the State receives notificaticn of such replacement assignment. 3. Time of Performance . This Contract shall become effective upon proper execution of this Contract. The Project contemplated herein shall commence as soon as pract icable after the execution of this Contract and shall be undertaken and perforimed in the sequence set '.orth in the "Time of Performance" in the attached Exhibit A. No Economic Development Commission Funds provided under this contract will be expended pnor to the full execution of this contract. The Contractor agrees that time is of the essence in the Page 1 of 7 Pages • l:. X h i b i t l 0 I • 0 • • • • ... . . • • ... performance of its obligations under this Contract . and that completion of the Project shall c c::ur no later than the termination date set forth in the "Time of Performance ." 4 . Compensation and Method of Payment. The State agrees to pay to :h e Contractor. in consideration for the work and services to be performed, a total amount not to exceed SEV EN THOUSAND FIVE HUNDRED ANO N0/100 DOLLARS ($7,500). The method and time of payment shall be made in accordance with the "Payment Schedule" set forth in Exhibit A . 5. Accounting . At all times from the effective date of this Contract until completi on of this Project. the Contractor shall maintain properly segregated books of State funds . matching funds . and other funds associated with this Project. All receipts and expenditures associated with said Project shall be documented in a detailed and specific manner, and shall accord with the "Budget" set forth in Exhibit A. Contractor may adjust budgeted expenditure amounts up to ten percent (10%) within said Budget without ap;:roval of the State. Adjustments of budget expenditure amounts in excess of ten percent (10%) must be authorized by the State in an amendment to this Contract properly executed and approved pursuant to the State Fi scal Rules . In no event shall the State's total consideration exceed the amount shown in Paragraph 5 above. a . Unless otherwise prov ided in this Contract. if Exh1 i::it A provides for more :han one paym ent by the State . the initial payment set forth in th e Pa ym ent Schedu le shall be made as soon as practicable after proper execution of this Contract. The Contractor shall initiate all subsequent payment requests by submitt in g documented prooi ci ;:roper expenditure oi State fund s :hu s far received to a contract monitor des ignatea by th e State . b . The Contractor sha ll request th e fi nal payment , wh1c:, 1s the amount withhe !c ::iy th e State until the Proiect 1s comp lete . for the Prai ect by subm1tt 1nc; :o the contract mo nitor a detailed cost accounting of all State funds received and exp encec :awards completion of :h e Proiect. Upon determining to its sat isfaction that all funds rece ived by the Contrac to r have been properly spent towards accomplishment of th e Proi ec:. th e State shall promptl y maKe fi na l payment to the Contractor. c . With in ni nety (90) days of complet ion of the Prc;ec:. th e Contractor s;-:2 11 submit o the contract monitor a detailed cost accounting of exp enc itures of the fin al payment received from the State . Any State funds not expended in conn ec ::cn with the Project srmll be ,em1ttec to the State at that time . 6. Audit. The State or it s authorized representative shall h ave th e righ t to ins:ect. examine . and audit Contractor"s records . books and accounts. including the ri gnt :o hire an independent Cen1fied Public Accountant of the State's choosing and at the State's expe nse :o :::o so . Suc h di scre tion ary auc:1t may be called for at any time and for any reason from th e effective date of th i s Contract until fiv e (Sj years after th e cate final payment for this Pro ject is received by the Con tractor . prc v1 ced th at th e audit is perform ed at a tim e convenient to the Contractor and during regular bus iness hours . W he ther or not the Slate calls for a discretionary aud it as provided for in this paragraph, if the Proi ec: :s accomplished with in a singl e fi scal year of the Contractor , the Contractor shall , at the conclusion of th e P,ci ec:. and in addition to any oth er repons required , submit a repon and auditor's statement of the Pro 1ec: ac:ount to the Econcm 1c Development Commission . Such report shall be prepared in conjunction with Ccr:rac:or's reg ul ar yearly audit. and mu st be submitted with in six (6) months after the close of the th en current Ccntractor's fi scal year . 7. Personnel. The Contrac tor represents that he has . er ·.viii secure at hi s own expense . unless otherwise stated in Exhibit A , all personnel . as emp loyees of the Ccr.trac:or . necessary :c oerform the work and services requ ired to be perform ed by th e Contractor uncer :h i s :::ontract. All of he serv ices required hereunder will be performed by the Contractor or und er his super11s :cn . and all personne l er.gaged 1n the work shall be fully qualified and shall be authorized nde r State and lcca 1 ,aw to perform suc h ser11 ces . Page 2 of 7 Pages • • ) I • 0 • • • • l • • -.. 8 . Independent Co nt rac:or Re latio nship . THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR ANO NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STA TE. CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES ANO INCOME TAX ANO LOCAL HEAD TAX ON ANY MONEYS PAID PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR ANO ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOY- MENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH CO\ri:RAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED . TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN . CONTRACTOR SHALL PROVIDE ANO KEEP IN FORCE WORKER'S COMPENSATION /ANO SHOW PROOF OF SUCH INSURANCE) ANO UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW. ANO SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS . 9 . 10. 1 1 . 12 . Termination of Con trac t fo r Conve ni ence of Eith er Party . Eith er the S ta te or the C.::nt rac :cr may term inate th is Con trac t at any ti me the pa rty determines th at the pu rp ose of the Com.-a c! wci.;lo no longer be served by co mp le tion o f the Project. The party des iri ng to te rm ,n a te the Contrac : shall effec: such termination by gi vi ng written notic e of termi nati on to the other party and spec:fy ,n,; the er.ec!lve date thereof . at least thi rt y (30 ) d a ys pri o r th ereto . In th at event . all fi rns n e d or unfin,sne,;i doc:.;m e nts and other ma teri als shall. at the o p ti on of th e State . be come its prop erty . Contractor sha .l re pay funds ad vanced and no t exp end ed in accordance with he te rm s of this contrac:. C ontrac::~ sha 1I n et be re li eved of an y obligation s to re pay fu nd s adv anced as a loa n. notwi th stancing a ny te=.naucr. cf th e contract for co nveni enc e. Termi natio n of Contract for Cause; Reoavment of Advanced Funes a . If . th rough any c ause . the Contractor shall :a ll to fu lfill ,n a :1 r.e1y and prc:,.r mar.r.er ,ts o blig atio ns under th is Contract. or if the C on tractor sha ll v1c1at e any of ::-e co v enants . agreemen ts. or stipul ations of thi s Co n tract . the State sn ail :hereupon ha·,e :he r.gnt to terminate this Contract for cau se by g,v,ng writt e n not ice to he C.:ntrac :cr of s1.:., terr:-::nauon and specify in g th e effec tive date thereof. at le a st fiv e (5) days be •:re the effec:,. e date ci su ch term,na uon . In th at ev e nt . all fi n,sned er unfirnsheo ccc:.irr.er:s. d a ta . stL.::es . si.;r,ey s . drawi ngs . map s . mod els . photograph s. me d ia contrac:s ar.c re::;cr.s or oth er ma:enal pre c ared by th e Contra ctor under this Contract sh all. at the opt ion of the State . be corr.e ,ts pr:::erty ; an d the Contracto r sha l l be entitled to receive JUSt arc ec1..:z:,e comper~at,cn :er an y satis fac tory work completed on suc h documents and other ma :e!"a ls. b . Notwith standing th e above . the Contrac:or sha ll no t be reli e vec ::i .,a bil i ty to tt:e S ta te :er an y da mag es susta in ed by the State by virtu e of any breac:i of :h e Ccr.:ract by the C.::ntrac :cr. and the St at e may w,thhotd any payme nt to the Con tra cto r for :h e pu r:c se of setoff ..:ntil sue:, ti me as th e ex act amount of damages du e to th e S ta te from the Con:rac:or is de te=inec. c . If funds have bee n advan ced to th e Contracto r , Contrac:or sh all ~e ::ay such fur.c s to th e extent they are not expend ed 1n accordance with th e terms of this contra:: at the ti me :f term ,r.ation . C hanges . Th e State may , from ti me to ti me. req uire ch anges in the sc ::::e of servi ces :f th e C.::ntra ct to be performed he reun der. However, th is Co ntract is intendec as :he :om pl e te in:,.gra ticn o f a ll understandings between the parties at th is ti me . and no prior or c::nt err.::~an eous ac.:::tion. ce !e tion , or other amendment hereto . in c l uding any increase or decrease in i he ar..::~nt of mon ,,.s to be :a ic to the Contracto r , sha ll have an y force or effect w hat soev er unless er-:::::ed ,n a ,•,-:ne n :::ntract amendment incorporating suc h changes executed and approv ed ,:ursuar.: :o th e St ate, r isc a i R ut es . Notwithstand ing th is provis ion , changes in the ti me o f pe rformance ma :, :e agreed :: 'J Y le t :er if so provided for in Exh ibit A , and contra c:or ma y ma k e adj ustmen ts of less :.· a:i ~ 0 perce,: n buc;et lin e items as provided for in paragraph 5 c f th is Contract. ~-At least two (2) cop ies of all reports prepared as a res ult of :t:e ?·ej e ct will :e submitted to the Economic Devetopment Commission within two (2) wee ks of co mp1e ::cn of suc h ~e :ort s . Page 3 of 7 Pages • I • 0 • • • • .. • -' 13. Conflict of Interest. a. No employee of the Contractor shall perform or provide part-time services for comper.~z :ion. monetary or otherwise. to a consultant or consultant firm that has been retainea _. the Contractor under the authority of this Contract. b. The Contractor agrees that no person at any time exercising any function or responsi i:iii :y. in connection with the elements of this project that are financed with State funds. on t:era1f of the Contractor shall have or acquire any personal financial or economic interest. c ir:-::: or indirect, which will be materially affected by this Contract, except to the extent that t:e -nay rece ive compensation for his performance pursuant to this Contract. c . A personal financial or economic interest includes, but is not limited to : i. any business entity in which the person has a direct or indirect monetary intere:a:::: ii. any real property in which the person has a direct or indirect monetary interes;: iii. any source of income, loans, or gifts received by or promised to the perscn •"thin twelve (12) months prior to the execution date of this Contract: iv. any business entity in which the person is a director, officer, general or limited :::.--::ier. trustee, employee, or holds any position of management. For purposes of this subsection , indirect investment or interest means any inves:r:-er n or interest owned by the spouse, parent, brother, sister, son . daughter. father-r -,aw. mother-in-law. brother-i n-law, sister-in-law. son-in-law. or daughter-in-law of the perscn ='! an agent on his/her behalf, by a general. limited, or silent partner of the person . by any :L.s:-1 ess entity controlled by said person . or by a trust in wh ich he/she has substantial inter es.:. A business entity is controlled by a person if that person , his/her agent, or a relative as ::'ined above possesses more than fifty percent (50 %) of the ownersnip interest. Said pe rs .:r nas a substantial economic interest in a trust when the person or an above-defi ned re la11·,e -.as a present or future interest worth more than One Thousand Do ll ars (S 1,0 00 .00 ). d . In the event a conflict of interest. as described in th is Paragraph 13. cannot be avo1d ec .,•::.o ut frustrating the purposes of this Contract. the person involved in such a conflict of interes: snail submit to the Contractor and the State a full disclosure statement setting forth the c e :3::s of such conflict of interest. In cases of extreme and unacceptable conflicts of inter e:;;:. as determined by the State. the State reserves the ri ght to termi nate the Contract for cal..S:, as provided in Paragraph 10 above. Failure to file a disclosu re statement requi rec =· :his Paragraph 13 sha ll co nstitu te grounds for terrm nat ion of th is Contract fo r cau se by the :: :at e . 14. Compli ance wi th Appl ic able Laws At all times durin g the perform ance of thi s Con tract . the Ccr ::-3::or shall stnctl y adhere to all app li cabl e federal and State laws th at have :een o r m ay hereafter :,;, es- tabl ished . 15 . Subcontracts . Copies of any and all subcontracts entered into by th e Con trac:or to accom;:::s-:his Project will be submitted to the Economic Development Commission ucc n request by the Sta:e Any and all contracts entered into by the Contractor shall comply w ith all applicabl e federal an d C.:,o :-aco state laws and shall be governed by the laws of the State of Col oraco notwithstand in g pr e·. ·s ,ons therein to the contrary . 16. Severability . To the extent that this Contract may be executed and perform ance of the obli ga:cr.s of the parties may be accomplished within the intent of the Contract. :h e terms of th is Con:~e::: are severable , and should any term or provision hereof be declared invahc or ~e come 1nopera t1v e '-:,-an y reason, such invalidity or fa ilure shall not affect the validity of any other :e rm or ;:,re vi s ion here:' The waiver of any breach of a term hereof shall not be c onstrued as wa ive r ci any oth er term . 17 . 18. Binding on Successors . Except as herein otherwise prov idec . this ai;reern e nt shall inu re to th e :-:-:eiit of and be bi nding upon the partie s. or any subcontractors hereto . and the ,r respective success .:ra and ass igns . Ass ignmen t. Nei ther ;,arty. nor any subcontractors hereto , may ass ii;n its ri g hts or duties ur.c~-:his Contract without the prio r w ri tten c onsent of the other party . Pag e 4 of 7 Pag es • I • 0 • t• ~,. .. 4 • -.. 19. Limitation to Particular Funds . The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise compensated with funds provided to the State for the purpose of contracting for the services provided for herein, and therefore, the Contractor expressly understands and agrees that all its rights, demands and daims to compensation arising under this Contract are contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received by the State, the State may immediately terminate this Contract. 20. Minority Business Enterprise Participation. It is the policy of the State of Colorado that minority business enterprises shall have the maximum practicable opportunity to participate in the performance of its construction grant contracts. The Contractor agrees to use its best efforts to carry out this policy to the fullest extent practicable and consistent with the efficient performance of this Contract As used in this Contract. the term "minority business enterprise" means a business, at least 50 percent (50%) of which is owned by minority group members or, in the case of publicly owned businesses, at least 51 percent (51 %) of the stock of which is owned by minority group members. For the purposes of this definition, minority group members are Negroes or Black Americans, Spanish-speaking Americans, Asian Americans, American Indians, American Eskimos and American Aleuts. The Contractor may rely on written representations by bidders, contractors, and subcontractors regarding their status as minority enterprises and need not conduct an independent investigation . 21 . Parties' Relationship. Except with respect to its fiduciary obligations to the State set forth in Exhibit A, the Contractor shall not be deemed an employee or agent of the State. No agent or employee of Contractor shall be or shall be deemed to be an employee or agent of the State. other than for purposes of compliance with the fiduciary obligations to the State in Exhibit A. Contractor will be solely and entirely responsible for its acts and the acts of its agents, employees and subcontractors during the performance of this contract. Page 5 of 7 Pages ~ ' . • I • 0 • • -' SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract shall not be deemed valla until ,t shall have been approved by th e Controller of the State of Colorado or such assistant as he may designate. This pr ovi sion ,s applicable 10 any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obliga ti ons of the State of Colorado payable after the current fi scal year are contingent upon funds fo r that purpose being appropri ated. budgeted ana otherwise made available. BONO REQUIREMENT 3. If th is contract involves the payment of more than fifty thousand dollars for the construcoon , erection . repair. maintenance. or improvement of any bu1laing, roaa . bndge. viaduct. tunnel . excavation or other public work for this State. the contractor shall , before entering upon the performance of any such work included in this contract, duly execute and deliver to the State official who will sign the contract, a gooa ana sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Suen bond shall be duly executed ~y a qualified corporate surety, conditioned upon the fa ithful performance of the contract and ,n addition . shall provide th at ,f th e contractor or hi s subcontractors fail to duly pay for any labor. materials , team hire. sustenance. provisions. provencor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental macninery . tools. or equipment in the prosecution of the worK the surety will pay the same in an amount not exceeaing the sum specified ,n the bona. :ogether wi th interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed . no claim in favor of the contractor arising under sucn contract shall be audited . allowed or paid. A certified or cashier's check or a bank money oroer payable 10 the Treasurer of the Slate of Colorado may be accepted in lieu of a bond . This provis ion is ,n compliance w ith CRS 38-26-106. INDEMNIFICATION 4. To the extent authorized by law. the contractor shall indemnify. save and hold harmless th e State. its emcloyees and agents. against any ana all cl aims. damages . liability and court awards including co sts . expenses . and attorney fees inc:med as a re s ult of any act or omission by the contractcr. or its employees . agents . subcontractors. or assignees pursuant l o the terms of this contract. DISCRIMINATION ANO AFFIRMATIVE ACTION 5. The contrac:or agrees 10 comply with the letter ana spir it of :h e Colorado Antidi scrim ination .,,_ct of 1957 . as amencea . and other aocllcao le law respecti ng discnm,nation and unfair employment prac:1ce (CRS 24-34-402), ana as required by Executive Orc:er . E::ual Ooportunuy ano .,,_ff~mat ,ve .>.cuo n . dated Apnl 16, 1975 . Pursuant thereto. the following prov,s,ons sna il oe contained mall Stare contrac ts or suo-contracrs. During the performance of thi s contract. the contrac:or agrees as follo"Ns : (a ) The co ntrac:or 'Nill not discriminate against any employee or applicant for employment because of race. creea. ::otor . nauonal origin . sex . marital status . relig1cn . ancestry . mental or ph ys ical hand1cao. or age. The contrac!or w,11 take affirmative action ro ,nsure that aoplicants are emcloyed . anc that employees are treated during employment. without reg3ra to the above mentioned cnaracteris llcs. Suc.'1 action sha ll 1ncluoe. but not be li m 11eo 10 the following : emp1oymen1. upgraa,ng, aemot1on. or transfer . recruitment or recruitment advertisings : lay-offs or term 1na 1Jons: rates of pay or other 'orms of comoensaucn: and selec!!On for !rammc;. 1nclud1ng acprenucesl'l1p . Th e contractor agrees to post in ccnso,c-.J~~ :faces. ava daole to employees and apphcants for employment nouces to oe prov1o ed by the contracung officer setting forth prov1s1on s of tt11 s :ion-c1sc:1mmauon Cl ause. (b) The contractor will , ,n all solic itallons or aovert1sements for employees placed by or on behalf of th e contractor. state th at all qualified appli cants will receive ccn s 1c:erat1on for employment without regard to race . creed. color. nat10na1 orig in . sex. mari ta l status. rel1 g 1on . ancestry , men ta l or ~h ys 1ca 1 handicap, or age . (c) The conrrac:or w,11 send 10 each laoor union or representative of workers with wh ich he has a coll ec:ive bargaining agreement or other contract or unoerstancmg, notice to be provided by th e contracung officer . ad\11s1ng the lacer union or workers' reoresenta t1ve of the contractor's commitment under th e E<ecutJve Order . Equal Opportunity and Affirmauve Action . <lated Apr il 16 , 1975. and of the rul es. regu lations. and relevant Orders of the Go\lernor. (d) The contrac:or and labor unions w,11 furnish all informatio n and reoorts required by E xec~uve Order. Et;ual Opportunity ana Affirmative Acllon of April 16, 1975 . and by the rule s . regulauons and Oroers of th e Governor. or pursuant thereto . and 'NIii permit ac cess 10 h is =ks, records . and accounts by the contra cting agency ano th e office of the Governor or his des1g nee fo r pu rposes of invesugation to ascertain compliance with such rules . regu lauons ano crcers . (e) A labor organiza1 1on will not exclude any ind ividual 01herN1se qualified from full membership nghts .n such labor organizallon . or expel any such indiv,cual rem merroersh1p 111 sucn labor organizat ion o r d1sc:-1 mmate against any of us memoers m the full enJo ym ent of work o pportunity, because of race . creeo . color. sex. na11ona1 origin . or ancestry. (f) A labor c«;an.zat,on . or the employees or members th ereof 'Nill not aid . abet. 1nc1le. compel or coerce :tie doing of any act defined in this contract 10 be c,scri minatory or obstruct or pre vent any person from co mplying with the provisions or this ccntrac: or any crc:er 1ssuea thereunder: or attempt either direc:ly er incirec~y . 10 comm,! any act aefined ,n l h 1s con1rac: lo be aiscnm,natory. Form 6-.>.C -02 9 Revised 1/93 395-53-01-1022 Page _§_ of _7_ Pages • .. 0 I • 0 • • I• · .. .. • - (g)' In the event of the contractor's non-compliance with the non-<liscrim1nation dauses of this contract or with any such rules. regulations. o r orders. this contract may be canceled. terminated o, suspended in whole o, in pan ano the contractor may be declared inetig1ble for further State contracts in acccrdance with procedures. authonZed in Executive Order. Equal Oppcnunily and Affirmative Action of Aprd 16, 1975. or by rules. regulations or orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order. Equal Oppot1unity and Affirmative Action of April 16, 1975, OI by rules, regulations or orders promulgated in accordance therewith. or as otherwise provided by law. (h) The Contractor will indude the provisions of paragraphs (a) through (h) ,n every sub-contract and subcontractor purchase order unless exempted by rules. regutabOns, or orders issued pursuant to Executive Order, Equal Opponun,ty and Affirmative Action of Aprii 16, 1975. so that such provisions will be bonding upan each subeontractor or vendor. The contractor wdl take such acnon w,th respect to any sub-contracting or eurchase orcer as the contracting agency may direct. as a means of enforcing such provisions, inctuding sanctions tor norH:Omp1iance: provided. however. that in the event the contractor becomes involved in, or is lhreatened with , litigation. with the subeontractcr or venaor as a result of such direction by the contracting agency, the contractcr may request the State of Colorado to enter into SUch li11gauon to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6a. PfovlSIOIIS of CRS 8-17 -101 & 102 for preference of Colorado labor are applicaDte 10 1h15 contract if public works within the State are undertaken hereunds and are financed in whOle or in part by State funds. b. WIien a ccnstrucnon contract for a public project is to be awarded to a bidder. a resident bidder shall be allowed a preference against a non-resident bidder from a state or toreq, country equal to the preference given or required by the state or foreign country in wh1cn the non-resident bidder ,s a resident. If it ia delermll18d by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds wn,cn would othelWiH be avadaDte or would oth-1se be ,nconsistent with requirements of Federal law. this subsection shall be suspended. but only 10 the extent necessa,y 10 prevent denial of the moneys or to eliminate the incons151ency with Federal requirements (CRS 8-19-101 and 102). GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied 1n the interpretation. execuoon. and entcrcement of this contract. Aroy provision of this contract whether or not incorporated herein by reference which provides tor arbitration by any extra-1uc ic:a1 body or person OI whicn is otll-ise in conflict with said laws. rules . and regulations snail be considered null and void . Nothing contained ,n any ~rov,s,on incc,porated herein by reference wllich purports 10 negate this or any other special provision ,n whole or in part shall be valid er enforceable er available in any action at law whether by way of complaint. defense. or otherwise. Any prov,s,on rendereo null and void by the operation of th,s prov,s:cn will not invalidate the remainder of this contract to the extent that the contract ,s capaDte of executio n . 8. At all times during the performance of this contract. the Contrac:or shall strictly aahere IC all appli cable fed eral and state laws. rules and ,e-;;u lallon s that have been or may hereafter be eslabl1shed . 9. Pursuant to CRS 24-30-202.4 (as amended), the slate controller may w ithhold debts owed to state agencies under th e veneer offset in1erc201 system for. (a) unpaid Child support deot or child support arrearages : (b) unpaid balance of tax . acc:u eo 1nteres1. or other charc;es soec1fi ed ,n Article 22. Titl e 39, CRS : (C) unpaid loans due to the student loan division of the department of higher eoucat1on : (d) owed amounts required lo be paid to the unem=1oymen1 compensauon fund : and (e ) other unpaid debts ow,ng to the state or any agency thereof. tn e amount of which is round :o be :::wing as a res~,t of fi na l agency determination or reduced to Judgement as certified by Ille controtler. 10. The signatories aver that they are familiar with CRS 18-8-301 . et. seq ., (Bnbery and Corrupt Influences) and CRS 8-8-10 1. el seq .. (Abuse of Public Office), ana that no v10la11on of sucn prov,s ,o ns ,s present. 11. The signatories aver that to th eir knowledge, no state employee has any personal or beneficial nterest whatsoever n the service er :iroperty described hereon : IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day fi rst aoove wntten . Contractor: CITY OF E~GLEWOOD (Full Legal Name) Thanas J. Burns Position (TitleJ _ _.Ma=.,y_.or=--------------- 84-6000583 (If Corporation:) Atteat(Seal) By ___________________ _ I.oucrishia A. Ellis, City Clerk PRE -APPROVED FORM CONTRACT REVIEWER By Evan Me1c:1lf Fo,m I-AC.02C -7117 STA TE CF COLO RADO BILL OWE:"IIS. GOVERNOR Bv,,.....---,,..------------------ For the· E.<ECUTIVE D IRECTOR , F . Rober, Lee DEPARTMENT OF Color.ido O ffi ce of Econ o mic Oeve loor.,~~I APPROVALS STATE CONTROLLER Arthur L. Barnhart By------------------~ Terri Bell -5).01-1030 Page L which 1s the last of _7_ Pages . ( I • 0 • ,. ,, ... .. .. •• -.. ) EXHIBIT A SCOPE OF SERVICES AND PAYMENT SCHEDULE • • I . 0 • 32 • ;.,--. • • - EDC #-HO EXHIBIT A Colorado Eco nomic Development Commission SCOPE OF SERVICES 1 . Project Description and Requirements The Projec t consists of providi ng the Contractor with matching fun ds for the promotion of ec:::inom 1c development in the Arapahoe County Enterpnse Zone area . These funds shall be used for th e purposes of promotional activities that will marl<et and advertise the advantages of locating a business in the contracto r's enterprise zone area . create a positive identity for th e enterprise zone area. enc:::iurage retention and expansion of existing businesses. promote redevelopment . expand the region 's tounsm industry , attract new bus inesses , and genera lly enhance th e economic growth of th e enterpnse zone area . Such ac tiviti es shall include the preparation . production , and/or di stri bution of marl<et research. pnnted materials . direct mail campaigns , print media advertising. trade show promotions . scec1al evenls . direct business prosp ect vis itation . and 01her closely re la1ed activ11 ies . No more than 25 percent of these funds may be used to pay for contractor's adm inistrative or s1aff co sts . Contrac,or ay allocate funds to one or more subcontrac:ors invo lved in promotion and ec ::nom1c development ac 1iv1t1 es 1n th e enterpri se zone. Conlractor shall b e responsib le for ensu nn g and documentl g he expend iture of the requ ired local matching fu ncs !:J y Contrac:or or by its subcontrac:ors . The contribution fro m the Economic Development Fund under th i s Contract shall not exceec the amount of loca l matcn 1ng unds expended on this pro ject or SE\/EN THOUSAND FIV E HU NDREC> collars (S7.500l , wni cnever 1s less . All proJect costs in excess of 1h1 s amounl will be the respons1:::ii 1ty of the Contracto r Con iractor sha ll malch E .D.C . fund s used on thi s proJec: wilh al least a dollar-fer-ce llar cash match from local sources . Lcca l expenditures on enterprise zone marketin g pro1ec:s ncurrec prior to the effec:1ve date of his proJec t but subsequent to January . 2001 , may !:Je counteo ,cward ,he matc hi ng funds requirement. provided hat such expend iture s have not :::ieen used to meet :::th er s1a1e con iractua l ma1c hing fun d requirements . The performance of the services required hereunder sha ll be under 1he di rect supervis ion ci Da rren Ho lli ngswonh , an employee or agent of Contractor . who 1s hereb y ces 1gn ated as the acmi m- strator-in-charge of this Pro ject. 2. Time of Performance The Project shall commence upon execution of this Contrac:. The Contrac: will expire on June 30. agreement of the State and the Contractor. A request for extens 1cn by the Contractor snail :::ie submitted to the State at least 30 days pnor to the expiration of the Co nt rac t with a full i u st1fi cat 1on for the extension request. EDC # 470 • Exhibit A Page 1 of 2 Pages • I • 0 • • -• , . ... ' . • .. • - 3. Budget REVENUE EXPENDITURES E.D.C . Funds $7,500 Local Funds 7,500 TOTAL: $15,000 Market Research, Publications, Advertising, Special Events, and Direct Marketing for the Arapahoe County Enterprise Zone Program Zone Administration TOTAL: $11 .250 3 ,750 $15,000 4 . Payment Schedule I. $6,500 II. Ill. 1,000 $7,500 Initial payment to be paid upon request by the contractor following the execution of this contract; or Interim payments to be paid upon request and the submission of proper documentation of expenditures of E.D.C . and local funds and work progress . Final payment to be made upon satisfactory completion of the Project. The Contractor will submit a final financial and narrative report documenting the expenditure of all E.D.C. funds for which payment has been requested and of matching local funds . TOTAL Requests for payment will be initiated by the Contractor ,n accordance with the provisions of Paragraph 6 of the main body of this contract. 5. Monitoring Colorado Economic Development Comm ission staff w ill monitor this Project on an as-needed basis . 6 . Reporting Schedule The Contractor will submit an interim financial and narrative report properly documenting all expenditures of E.D.C . funds at the time interim payments are requested . The Contractor will submit a final financial status report properly documenting all expenditures of E.D.C . funds at the time the final payment is requested. in accordance with the payment schedule . EDC # 470 • Exhibit A Page 2 of 2 Pages I • 0 \ • • ;------- • J· ~ ... .. •• • .. STATE OF COLORADO EXECUTIVE CHAMBERS 136 Srare (Jp,rol Denver. Colorado 80203· I 792 Phone (3031 866-2471 August 25, 2000 Jim Kenyon. Chairman Colorado Economic Development Commission 1625 Broadway, #1700 Denver, CO 80202 RE : 2000-2001 Enterprise Zone :V!arketing Grams Dear Jim : Bill Owens Covr,nor In accordance with CRS 24-46-105, I have authority to re vi ew and approve recommendations by the Colorado Economic De ve lopment Commission for expenditures from the Economic Development Fund . I have re viewed the enterprise zone marketing and administration grant projects as specified on the attached list and hereb y appro ve the expenditure ofup to a total ofS300.000 from the Colorado Economic De ve lo pment Fund for these projects . Governor Attachment • .. I • 0 • • -. • . . ' -.. Colorado Economic Development Commission 2000-2001 Enterprise Zone Marketing Grants Detail of Funding Recommendations #469 Adams County Economic Development. Inc. #470 City of Englewood (Arapahoe County EZ) #471 Denver Urban Economic Development Corp . #472 East Central Counc il of Local Governments #473 El Paso County #474 Greeley/Weld Economic Development Action Partnership , Inc . #475 South Central Counc il of Governments #476 Jefferson Economic Council, Inc . #477 Larimer County #478 Western Colorado Business Development Corp . (Mesa County EZ) #479 Northeast Colorado Association of Local Governments #480 Associated Governments of Northwest Colorado #481 Pueblo County #482 Region 10 League for Economic Ass istance & Plann ing #483 Upper Arkansas Area COG (San Luis/Upper Arkansas EZ) #484 Southeast Colorado Enterprise Development. Inc . #485 Region 9 Economic Development District of Southwest Colorado #486 Enterprise Zone Trade Show Marketing (East Central COG) , . .. ... . , $10 .500 7,500 10 ,500 22.000 7 .500 10 .500 22.000 7,500 7 ,500 22.000 ) 22.000 22 .000 10 .500 22 .000 22 .000 22.000 22 .000 30.000 $300 ,000 I . 0 32 • • • ORDINANCE NO.~ SERIES OF 2001 • • - BY AUTHORITY COUNCIL BILL NO. 55 INTRODUCED BY COUNCIL MEMBER WOLOSYN AN ORDINANCE AUTHORIZING THE TRANSFER OF PROPERTY KNOWN AS THE FORMER CITY HALL FROM THE CITY OF ENGLEWOOD . COLORADO TO THE ENGLEWOOD ENVIRONMENTAL FOUNDATION. WHEREAS , the City of Englewood leased the former City H all bui)djng located at 3400 South Elati from C.A. Norgren Company in November. 1964 : a nd WHEREAS , the City purchased the prope rty located at 3400 South Elau m Au gus t . 1968 and paid the Promissory Note in full in July 1997; and WHEREAS , the City moved into the Englewood Civic Ce nter in June of 2000: a nd WHEREAS, the Englewood Envi ronmenta l Foundation was formed to le ssen the burdens of government; serve as the City's designee to receive title a nd hold title during the performance of environmental remediation of the property: protect City from potential liability whlch might be imposed on the ow ner of property arising out of e nvironmental contamination; allow e nvironmental co ntractors, property m a nagers, land use planners, and others to be retained without going through public bidding processes; permit the land use planning process to proceed while allowing the City to limit its direct involvement to the performance of 1ts norm a l land use review a nd approval function and to s helter the City from financial responsibility relating to the development and operation of the property : a nd WHEREAS, the City desires to transfer the described property to the Englewood Environmenta l Foundation to a ll ow e n vir onmental cleanup; and WHEREAS, the Englewood Envtronmental Foundation will accept the property by paying ten doll ars ($10 .00) a nd will assume a ll ri s ks and liability for the e nvironmental li a bility and will demolish the City Hall structure a nd a bate a ll e nvironmenta l h azard s on the property : a nd WHEREAS, the proposed property transfe r will rem ove s ubstanti a l financial a nd environmental liability from the City and a ll ow for a coo rdin ated redeve lopm e nt of this property ; and WHEREAS , thls transfer will place the property under the protective umbrell a of the Foundation and remove the City from any pote ntia l liability associated with the redevelopment of the site; and WHEREAS, the total site consists of approximately 2.25 acr es south of t h e Parkway and I. I acres north of the Parkway; and WHEREAS, only the portion south of the parkway will be tra nsfe rred at this time : and -1- • 10 b ii I • 0 • • -• • ... • - WHEREAS , rights-of-way for roads and sewers , utility easements and other development issues arc still being coordinated . those details and future transfers and restrictions are anticipated in the near future ; and WHEREAS , the transfer of this property together with the property it is anticipating to be transferred in the future will create a new development site; and WHEREAS , the estimated value of the total demolished site , clean and ready for development is between $1 ,325.000 and $1 ,415 ,000 based upon recent appraisal data; and WHEREAS, the City wishes to transfer the property to the Englewood Environmental Foundation so that the EEF may prepare the site for new development; NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT : Sectjon l. The City Council of the City of Englewood , Colorado hereby authorizes the transfer of a portion of the former City Hall property as described in the Deed attached hereto as "Exhibit l" to the Englewood Environmental Foundation for the redevelopment of the property. Sectjon 2. The Mayor and the City Clerk are hereby authorized to sign and attest the "Deed" for the transfer of 3400 South Elati Street to EEF on behalf of the City of Englewood, Colorado. Introduced, read in full . and passed on first reading on the 20th day of August. 2001. Published as a Bill for an Ordinance on the 24th day of August, 2001. Read by title and passed on final reading on the 4th day of September, 2001. Published by title as Ordinance No . ~ Series of 2001 , on the 7th day of September, 2001. Thomas J . Burns, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado , hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No._, Series of 2001. Loucrishia A. Ellis -2- • 0 I • 0 ' • • • .. .. . • • L'l{HIBIT 1 DEED THIS DEED, made this_ day of , 2001 between THE CITY OF ENGLEWOOD , COLORADO a Home Rule City existing under and by virtue of the laws of the State of Colorado. grantor, whose legal address is 1000 Englewood Parkway , Englewood, Colorado 80110 and THE ENGLEWOOD ENVIRONMENTAL FO UNDATION, INC ., a Colorado nonprofit corporation. grantees: whose legal address is 1000 Englewood Parkway, Englewood , Colorado 80110. WITNESSETH, That the grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration including assumption of the environmental risk , the receipt and sufficiency of which is hereby acknowledged . has granted. bargained, sold and conveyed, and by these presents does grant, bargain. se ll . convey and confirm , unto the grantee, its successors and assigns forever . all the real property together with improvements, if any, situate. lying and being in the County of Arapa h oe . State of Colorado. described in Exhibit A, attached hereto and incorporated h e r e m. also know as : 3400 South Elati Street Englewood, Colorado 80110 TOGETHER, with all and singular hereditaments and appurtenances be lo nging the r e t o and any reversion, remainder, rents , issues and profits thereof: a nd all t h ee t:ite . nght. title interest, claim and demand whatsoever of the grantor, either in law or equity. of. m and to the above bargained and conveyed premises. TO HAVE AND TO HOLD the said premises above bargained and conveye d a nd described , with appurtenances , unto the grantee . its successors a nd assigns fo r e ver. And the grantor for itself, its successors and assigns . does covenant. grant . bargain a nd agree to and with the grantee, its successors and assigns , that at the time of the ensealmg a nd delivery of these presents, it is well seized of the premises a bove co nve ye d . h as good . s ure , absolute and indefeasible estate of inheritance. in law , in fee simp le . and h as good right, full power and lawful authority to grant. bargain. sell and co nvey the sam e m manner a nd form aforesaid , and that the same are free and clear from all form e r a nd other grants , ba rgains , sales, liens, taxes, assessments, encumbrances and restrictions of whatever Jund or nature whatsoever, except those of record. IN WITNESS WHEREOF, The said grantor has caused its name to be hereunto subscribed by Thomas J . Burns as Mayor of the City of Englewood, Colorado and its seal to be hereunto affixed , attested by its City Clerk, the day and year first above written . CITY OF ENGLEWOOD Thomas J . Burns, Mayo r ATI'EST Loucriahia A. Ellia. City Clerk • , . I • 0 • •· -...... .. • - STATE OF COLORADO ) ) ss . COUNTY OF ARAPAHOE ) The foregoing instrument was acknowledged before me this day of -----------· 2001 by Thomas J . Burns as Mayor of the City of Englewood. Colorado. My commission expires: Witness my hand and official seal. Notary Public • • I • 0 a2 I • • • -' R & R SURVEYING 283 l S. REED ST. DENVER, CO. 80227 Office: (303) 985-7567 Englewood Citv Center Parcel August 15 , '.!001 A PARCEL OF LA,,,D LYING IN THE EAST h OF THE SE "• SW "• SW "• OF SECTION 34, T 4 S. R 68 W OF THE 6™ PM , CITY OF ENGLEWOOD . COUNTY OF ARAPAHOE . STATE OF COLORADO . MORE PARTICULARLY DESCRIBED AS FOLLOWS CO~tMENCING AT THE NE COR..'1ER OF THEE 1 : SE '. SW 1 , SW "• OF SAID SECTIO N 34 . THENCE S 00° 06' 04" W A DISTANCE OF 7 1 02 FEET ALONG THE EAST LINE OF THE E •1, SW "• SW "• OF SAID SECTION 34 TO THE TRl:[ PO~T OF BEGINNING . ALSO BEING ON THE SOUTHERLY RlGlff-OF-WAY LINE OF ENGLEWOOD PARKWAY . THE , CE CONTrNl.lNG ALONG THE SAID EAST LINES 00° 06 ' 04" W . .\ DISTANCE OF 263 :!O FEET TO A POf.\iT ON THE NORTHERLY RlGHT-OF-WA Y LINE OF WEST HA1\1PDE'.'I PLACE . ALSO BEING A POINT OF CURV A TCRE FOR A . ON-TA. \IGE'.'IT CL'R VE TO THE LEFT . THENCE WESTER.LY ALONG THE SAID NORTHERLY RlGHT -OF-WAY LINE OF WEST HAMPDEN PLACE THE FOLLOWING FOUR COC'RSES . ALONG THE ARC OF A CURVE TO THE LEFT HA YING A RADI US OF 275 93 FEET . A CENTR.-\L ANGLE OF 3°09 '44 ". A DIST . .\.'iCE OF 15 13 FEET Ai'ID A CHORD BEAR.ING S 53 °37'1 T' WA DISTANCE OF 15 13 FEET , TO A POINT OF TA,\IGENCY . THENCE S 52°02'25 .. WA DISTANCE OF 17 52 FEET TO A POINT OF CURVATURE . THE'.'ICE .-\LONG THE ARC OF A T ANGE:-.IT Cl.RV£ TO THE RlGHT HA VTNG A RADrt:S OF 216 88 FEET , AND A CENTRAL ANGLE OF 37 °59 '46 ", A DISTANCE OF 143 83 FEET A1'-'D . .\ CHORD BEARlNG S 7 1°0 2'18" WA DIST . .\.'iCE OF 141 :!O FEET TO A POINT OF TANGE:S:CY , THE . CE N 89°57'49" WA DISTANCE OF 139 72 FEET . THENCE N 44°55'55" WA DISTANCE OF 19 .99 FEET TO A POfNT ON THE EAST RlGHT-OF- WAY LINE OF SOLTH ELATI STREET , THE:,.!(£ N 00 °05 '13" EA DISTANCE OF 296.72 FEET .-\LONG THE SAID EAST RlGHT -OF -WAY LINE OF SOUTH EL-HI STREET , THENCE N 65 °17'54'' E 44 88 FEET TO A POINT ON THE SO UTHERLY RlGHT-OF-WAY LINE OF ENGLEWOOD PAR.KW A Y, THE:,.!(£ EASTERLY ALONG THE SAID SOUTHERLY RlGHT-OF·WAY LINE OF ENGLEWOOD PARKWAYS 89°49'30" EA DISTANCE OF 272 .68 FEET TO THE TRUE POINT OF BEGL"INlNG THE ABOVE DESCRlBED PARCEL CONTAINS 2.:!80 ACRES . 99 ,327 SQ FT MORE OR LESS ~b~ ft . ~~'f') 9u. RlCHARD A BULLEN JR . COLORADO PLS NO 28647 I· 0 • • '""' "' • -... COUNCIL COMMUNICATION Date Agenda Item September 4, 1001 10 Ci INITIATED BY STAFF SOURCE .. Subject Camp, Dresse r & McKee Infiltration/Inflow Study En ineerin Contract Littleton/Englewood Supervisory Committee Stewart H. Fonda, Uti lities Director Mark Van ostrand, Senior Pro ·ect En ineer COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Approval of the Infiltration/Inflow (1/1) Sewer System Study Project RECOMMENDED ACTION The recommended action is approval by motion of the 1/1 Sewer System Study Proje c t ior the wastewater collection system tributary to the Littleton/Englewood WWTP with Camp, Dresser and M cKee In c. in th e amount of $99,529.00 BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED A comprehensi ve study of the entire wastewa ter collection system that conveys wastewater to the Littleton/Englewood WWTP needs to be completed for regulatory, planning, and evaluation purposes . The was te water service area encompasses an area of approximately 75 square miles. lniiltrat ion and inflow is extraneous water that en ters the sewer piping system and manholes, utilizes pipe capacity, and must be pumped and treated at the L/E WWTP. This study will eva luate the amount of 1/1 occurring withi n the system and make recommendations for future work including additional monitoring and or rehabilitati o n work if excessive 1/1 is identified within the collection system basins . Federal regulations are anticipated to be promulgated by the U .S. EPA to further regulate and require permitting of wastewater co llection sys tems . This study will serve as one of the components required to eva luate and do c ument the condition of the wastewater collecti o n system . A request for proposals was sent o ut in Jun e to qualified co nsulting firms to conduct this study . Four proposals were received and re iewed b the proposal review team . The proposal review team was comprised of utility staff from both the City of Englewood and Littleton. The proposal re view team short- listed two firms for in terviews, Camp, Dresser and M cKee, Inc. and ADS Environmental. Based o n the proposals and subsequent information presented at th e in terviews, the review team recommends Camp, Dresser and McKee for the project . A draft contract with Camp, Dresser & McKee is attached and the 1/1 Stud (first phas e) will cos t 599,529 . Initial mapping and sys tem eva luation will be fo ll owed by flow monitoring beginning in lat e 200 1/ea rl 2002 and continuing for several months. Future phases of work may be required bas ed o n th e initial studv results . FINANCIAL IMPACT The cost of the first phase of the 1/1 Study project is $99,529 .00 , is a ca pital cos t. and vi ii be split 50/50 with the City of Littleton . Funds to begin the project are included in the 2001 budget. LIST OF ATTACHMENTS Camp, Dresser and McKee Inc. Agreement for Engineering Services for Infiltration/Inflow Study . • ~ • I • 0 • i • • -' ST AND ARD FOR~1 OF AGREEMENT BET\\'EEN OWNER A...._D ENGINEER FOR STUDY AND REPORT PROFESSIONAL SERVICES .. THIS IS AN AGREEMENT made as of September 5, 2001 between C uy of Englewood ("OWJ\ER ") and Camp Dresser & McKee lnc . ("ENGINEER"). O~ER intends to co nduct an infilrrationlinflow study of the collection syste m tributary to the Linleton/Englewood Wastewater Trearrnent Plant (the "Project"}. OWNER and ENGINEER m consideration of their mutual covenants herein agree in re spect of the performance or furnishin g of profess ional engineering services by ENGINEER with re spect to th e PrOJec t and the pa yment for tho se service s by OW)iE R as set fonh below. Execution of this Agreement by ENGINEER and OWNER constuutes OWNER's wnrten authonzauon to ENGINEER to proceed on the date first above wnrten wuh the Ba sic Services descnbed m Amcle 2 below and as funher set fonh in Exhibit A, "Funher Descnpuon of Engmeenng Services and Related ~aners" ("Exhibu A"). Tl11S Agreement will become effective on the date first above wnrten . ARTICLE I • GENERAL l. l. Standard of Care ENGINEER shall perform for or furnish to OWNER professional engineering and related sernces mall phases of the Pro1ect to which this Agreement applies as hereinafter provided. ENGINEER shall serve as OWNER's professional and engineering representative for the Project providing professional engineenng consultauon and advice with respect thereto. ENGINEER may employ such ENGINEER's Subcontractors as El\GC'JEER deems necessary to assist in the performance or furnishing of professional engineenng and related sernces hereunder. ENGINEER shall not be required to employ any OWNER's Subconrractors unacceptable to ENGr.s:EER . The standard of care for all professional engineering and related services performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENGINEER's professio n practicing under similar conditions at the same time and in the same locality . 1.2 . Definitions Wherever used in this Agreement the following terms have the meanings indicated which are applicable to both t the singular and plural thereof: • -• l.2 .1. Special Sen1ices Special Services means the services to be performed for or furnished to OWNER by ENGINEER described in Anicle 3 of this Agreement. l.2 .2. .~greement Agreement means this Standard Form of Agreement between OWNER and ENGINEER for Profe ss ional Services including those exhibits listed in Anicle 9 of this Agreement. 1.2.3 . Basic Seniice Basic Services means the services to be performed for or furnished to OWNER by ENGINEER Page l O wner Engineer Prof. Scn•1ces 4/24/200 l • .. 0 I • 0 • • • ... • • .. descnbed in Amcle 2 of this Agreement. 1.2.4 . Co11struct1011 Cost Constructton Cost means the total cost to OWNER of those pomons of the entire ProJect designed or s pecified by ENGl1'EER. Constru ction Cos t does not mclude El\G[NEER's compensa non and expenses. the cost of land. nghts-of-way, or compensation for or damages to propemes. or OWNE R's legal. accountmg, rnsuran ce counseli ng or auditing services. or interest and financmg charges mcurred in connecnon w ith the ProJec t or the cost of other services to be provided b y others to O \VNE R pursuant to Amcle 4 of this Agreement. Construction Cost is one of the 11ems comprising Total Project Co sts. 1.2.5 . £11gineer 's S11bco111rac101 · ENGrNEER's Subcontractor means a person or entity having a contract w nh El\GINEER to perfom1 o r furnish Basic or Special Services as ENG[NEER's independent profess ional subcontra cto r engaged directly on the ProJect. 1.2 .6. Reimbursable Expenses Reimbursable Expenses means the expenses incurred directly m connecu o n with the performance or furnishing of Bas ic and Special Services for the Project for which OWNER ha ll pay ENG INEER as indicated in Exhibit A. 1.2.7. Total Project Costs Total Project Costs means the sum of the Construction Cost. allowances for connngen c 1es. th e total costs of design professional and related services provided by E:s;GP.-IEER and (on the ba 1s o f in formation furnished by OWNER) allowances for such other iterrts as c harges of all other profess ional s and cons ul- tants. for the cost ofland and rights-of-way, for compensauon for or damages to pro pemes. for mteres t and financing charges and for other services to be provided by others to 0\\1'ER under Amcle 4 . ARTICLE 2 -BASIC SERVICES OF DGINEER 2. I. Studv and Repon Phase Upon th is Agreement becommg effecnve, E:S:GrNEER shall : 2.1. l . Consult with OWNER to clarify and define OWNER's requirements for the ProJe t and review available data. 2 .1.2. Advise OWNER as to the necessity of OWNER's prov iding or obtammg from others data or se rv ices whi ch are not pan of ENGrNEER's Basic Services, and assist OWNER m o btaming suc h data and se rvtces. 2.1.3 . Identify and analyze requirements of governmental authonnes havi ng junsdicuon to ap prove th e ponions of the Project s pecified by ENG[NEER with whom consultation is to be undenaken in connection with the Project. 2.1.4 . Evaluate various alternate solutions available to OWNER as desc ribed in Exhibit A. and , after consultation with OWNER, recommend to OWNER those solunons which m ENG INEER's j ud gme nt best meet OWNER's requirements for the Project. Page 2 O"TI<T/Eng,nttr Prof. Sefvicn 4/241200 t • I ) I • 0 • • -• • • - 2.1.5 . Prepare a repon (the "Re;,on ") which will contain the statement of OWNER's requirements for the Project and, as appropriate. will conta in sc hemattc la yo uts , sketches and conceptual design cnteria with appropriate exhibits to indicate the considerations involved and th ose a lternate sol ut io ns availabl e to OWNER which ENGINEER recommends . This report will be accompamed by ENGf:'IEER's o pini on of Total Project Costs for each so lution which is so re commended for the Project. incl ud ing the following: opinion of probable Construction Cost. allowances fo r contingencies including costs of design professional and related services based on information furni shed by OW~ER fo r allowances and other items and services included within the definition of Total ProJect o sts . 2.1.6. Furnish the Report to and re view it with O\V:'IER . 2 .1.7. Revise the Report in response to OWNER's comments . as appropnate. and furni sh final c op1e of the Report in the number set forth in Exhibit A. 2 .1.8 . Submit the Report within the stipulated penod indicated in Exhibit A . 2 .1.9 . ENG!NEER's services under the Study and Report Phase will be cons id ered complete at the earl ier o f (I) the date when the Report has been accepted by OWNER or (2) thirty days after th e date "hen uch Report is delivered to OWNER for final acceptance, plus in each case s uch addiuonal ume as may be considered reasonable for obtaining approval of gove rnme ntal authonties havin gJ unsd 1c11on to review the portions of the Project specified by E).IGINEER, if such approval 1s to be obtained dunng the Stud y and Report Phase. The duties and responsibilities of ENGINEER during the Stud y and Report Phase as set fo rth in 1h1 paragraph 2.1 are amended and s upplemented as indicated in Exh1b1t A . ARTICLE 3 -SPEClAL SERVlCES OF ENGL'\'[ER 3.1. Special Services Requiring Authorization in Advance If authorized in writing by OWNE R. E:-.:GrNEER shall furnish or obtain from others Special Services o f the types listed in paragraphs 3.1.1 through 3.1.9 . inclusive. as amended and s upp le mented as indicated in Exh ibit A. These services are not included as part of Basic Services except to the extent otherwise provided m Exhibit A . These services will be paid for by OWNER as indicated in Section 6. 3.1.1 Preparation of applications and supporting doc uments (i n addition to those furnis hed under Basic Services) for private or governmental grants . loans or advan ces in connection wi th the Project : preparation or review of envrronmental assessments and impact statements : renew and evaluatton of the effect on the design requirements of the Project of any s uch statements and documents prepared by others; and assistance m obtaining approvals of authorities hanng jun sdicuon over the anuc 1pated envrronmental impact of the ProJect . 3.1.2. Sernces to make meas ured drawmgs of or to invesugate existin g condition s or facilities , or to verify the accuracy of drawings or other information furnished by OWNER. 3.1.3. Services resulting from significant changes in the sc ope, extent or characte r of the portions of th e ProJ ect specified b y ENGINEER or its design requirements including , but not limited to , changes in size. com- plexity , OWNER's schedule, character of construction or method of financing ; and revising previously accepted studies or reports. or when such revisions are required by chan ges m laws . rules . regulauons, ordinances. codes or orders enacted subsequent to the effecti ve date of this Agreement. or are due to any other c auses beyond ENGINEER's control. Page 3 O\\ncr Fngmcer Pro f. Services J r2.V2001 • I • 0 • • • • ',· , . • - 3 .1 A . Services resultmg from facts re\'ealed about co nditions : 3.1.4 .1. which are different from information about such conditions that O\VNER previously provided to ENGINEER and upon which ENGINEER was entitled to rely ; or 3.1 .4 .2. as to which O\VNER had re sponsibility to provide if such information was not previously provided . 3.1.5 . Providing renderings or models for O\V:S:ER's use . 3.1.6 . Undenaking investigations and studies mclud1Dg , but not limned to. detailed consideration of operations, maintenance and overhead expenses: the preparation of cash flow and econonuc evaluations. rate schedules and appraisals : assistance ID obta1D1Dg financing for the Project: evaluating processes available for licensing and assist1Dg OWNER m obta1D1Dg process licensing . 3 .1.7 . Furnishing services ofENGINEER 's ubconsultants for other than Bas ic Services. 3.1.8. Services during out-of-town tra\'e) required of ENGT:S:EER other than v1s11s to the site or OWNER's office as required b y Amcle 2 . 3 .1.9 . Other Special Services performed or furni shed b~ E:S: 1-:S:EE R m connection with the ProJe ct. ARTICLE 4 -OW~[R'S RESPO~SIBIUTIES Except as othetwise provided in Exhibit A. OW:--ER shall do th e follo,.1n g ID a umely manner so as not to dela y the services of ENGTNEER and shall bear all costs incident thereto : 4 .1. Designate in wnting a person to act as O\VNER's representat1\'e wnh respect to the services to be performed or furnished by ENGINEER under this Agreement . Such per on "all have complete authonty to transmit 1Dstrucnons . receive 1Dformat1on. interpret and def1De OWNER' pol, ,c and dee , ,on "nh respect to ENGI- NEER's services for the Project . . u . Assist ENGINEER by placing at ENGTJ',;EER 's disposal all available mformat1on penment to the Project mcluding previous repons and any other data rclat1vc to design or onstruct,on of the ProJect. 4 .3. Furnish to ENGINEER as requested by ENGINEER for perforn1ance of Ba ic Services or as required by the Contract Documents . the followmg : 4.3 .1. data prepared by or services of others. includmg without linutatlon explorations and tests of subsurface conditions at or contiguous to the site . drawmgs of phys ical conditions in or relating to existing surface or subsurface structures at or contiguous to the site. or hydrographic surveys: 4 .3.2. appropriate professional interpretations of all of the foregoing ; 4 .3 .3 . environmental assessments, audits. investigations and impact statements. and other relevant environmen- tal or cultural studies as to the Project, the site and adjacent areas . OWNER shall be responsible for. and ENGINEER may rely upon, the accuracy and completeness of all repons . data and other information furnished pursuant to this paragraph. ENGINEER may use such repons, data and information in performing or furnishing services under this Agreement. Page 4 o .. ·ncr Engineer Prof. Scn·1ces 4124/200 I I • 0 -- • • -• • . , • - -IA . Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as required for E~Gf1'EER lo perform services under this Agreement. 4 .5. Examine all alternate solutions. srudies. reports. sketches. Drawings. Specifications. proposals and o th er documents presented by ENGINEER (in cl uding obtaining advice of an attorney. insurance counselor and o ther consultants as OWNER deems appropriate with respect to such examination ) and render in writing decmons pertaining thereto . 4 .6 . Pro vide. as may be required for the Project : 4 .6 .1. accounting, bond and financial advisory, independent cost esnrnatmg and insurance co unselin g servi ces; 4 .6 .2. such legal services as OWNER ma y require or ENGINEER may reas onably request with regard to lega l issues pertaining to the ProJect . 4 . 7 . Give prompt written notice to ENGl1''EER whenever OWNER observes or o therwise becomes aware o f an y development that affects the scope or time of performance or furnishing ofE:-.:GlNEER's services. or any defrct or nonconforrnance in ENGINEER's services. 4 .8. Furnish. or direct ENGINEER to provide. Special Services as stipulated in paragraph 3 .1 o fth1 Agreement or other services as re.quired. ARTICLE 5 -Tll\lES FOR RENDERING SER\"ICES 5.1. If m this Agreement specific periods of time for rendering services are set forth o r spec ifi c da te s by which services arc to be completed are provided and if such penods of tirne or dates are changed throug h no fault of ENGINEER, the rates and amounts of compensation provided for herein shall be subject to equitable adjustment . If OWNER has requested changes in the scope. extent or character of the Projec t. the time of perfo rmance of ENGINEER's services shall be adjusted equiubly. ARTICLE 6 -PAYMENTS TO E'.'IGINEER FOR SERVICES AND REIMBURSABLE EXPENSES 6 .1. Methods of Pavment for Services and Expenses of Engmeer 6.1.1. For Basic Sen•ices OWNER shall pay ENGINEER for Basic Services performed or furnished under Article 2 on the basis set forth in Exhibit A . 6 .1.2. For Special Services OWNER shall pay ENGINEER for Special Services performed or furnished under Article 3 on the bas is set forth in Exhibit A . 6 .1.3 . For Reimbursable Exp ens es In addition to payments provided for in paragraphs 6 .1.1 and 6 .1.2. OWNER shall pay ENGINEER for Reimbursable Expenses incurred by E GINEER and ENGINEER's Subcontractors as set forth m Exhibit A . The amount payable for Reimbursable Expenses will include a factor to the extent so indi- cated in Exhibit A. Page 5 Q,.rncr Engineer rrof Scn•1ccs 4/241200 1 • I • 0 • •• - 6 .1 A . Tax on Services The amount of any excise. VAT or gross receipts tax that may be imposed shall be added to the compensation as determined above . 6 .2. Other Provisions Concerning Pavments 6 .2 .1. Preparation of lnl'Oices Invoices for Basic and Special Services and Reimbursable Expenses will be prepared m accordance with Ei GINEER's standard invoicing practices and will be submmed to OW"IER by E~GINEER at least monthly. The amount billed for Basic Services and Special Services in each in'"o ice will be calc ulated on the basis set fonh in Exhibit A . Invoices are due and payable on rece ipt. 6 .2.2 . Unpaid fllvoices If OWNER. for any reason. fails to make pay ment due ENGINEER for er\"ices and expenses w nh in thirty da ys after receipt of ENGl)IEER's invoice therefor, the amounts due E~GINEE R will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law. if less) from said thinieth day ; and. in addition. E1'GINEER may, after giving SC\"en days' written nonce to OWNER. suspend Services under this Agreement until ENGfNEER has been paid in full a ll amounts due for services, expenses and charges . Payments will be credited first to interest and then to principal. In th e event of a disputed or contested billing, only that ponion so contested may be withheld from payment. and the undisputed ponion will be paid. OWNER agrees to pay ENGINEER all costs of collectJon including but no t limited to reasonable attorneys' fees , collection fees and co un costs incurred by E:S:GrNEER to collect properly due payments. ARTICLE 7 -OPINIONS OF COST 7 .1 . Opinion of Probable Construction Cost ENGINEER's opinions of probable Construction Cost provided for herein are to be made on the basis of ENG!NEER's experience and qualifications and represent E:-IGINEER's best judgment as an experienced and qualified professional engineer generally familiar with the construction industry . However. since ENGINEER has no control over the cost of labor, materials. equipment or services furnished by others. or over the Contractor's methods of detemuning prices, or over compeuuve bidding or market conditions. E1'GINEER caMot and does not guarantee that proposals. bids or actual Constructton Cost will not vary from opimons of probable Con- strucnon Cost prepared by ENGINEER. lfO\VNER wishes greater assurance as to probable Construction C ost. OWNER shall employ an independent cost esumator as provided m paragraph 4 .6 .1. ARTICLE 8 -GE~ERAL CONSIDERATIONS .1 Termination The obligation to provide funher services under this Agreement ma y be terminated by either party upon thtny days' written notice in the event of substantial failure by the other pany to perform in accordance with the terms thereof through no fault of the terminating party. In the e\"ent of any termmation. ENGINEER will be paid for all services rendered and reimbursable expenses incurred to the date of termmanon and, in addiuon. all reimbursable expenses directly attributable to termination. Page 6 Owner1En11neer Prof. ScMccs 4/2.i2001 • • .. 0 I • 0 - • • • /' . • .. • -.. . 2. Reuse of Do cument s All documents provided or furnished by ENGINEER (or ENGINEER's Subcontractors) pursuant to thi s Agreement are instruments of service in respect of th e Proje ct. and ENG INEER and E:S:G I);EER's Subcontractors, as appropriate, shall retain an ownership and property interest therein (in cludmg the nght ofrcuse by and at the discretion of ENGINEER and E NG INEER's Sub contra cto rs. as appropriate ) whether or not the Pro- ject is completed . OWNER may make and retain copie s for mformat io n and reference m connecnon with the use and occ upancy of the Project b y OWNER and others: howeve r, suc h documents are not intended o r represe nted to be suitable for reuse by OWNER or others on extensions of the ProJe ct o r on any other project. An y such reu se without wrinen verification or adaptation by ENGINEE R and ENGINEER's Subconsultants. as appropriate . for the specific purpose intended will be at OWNER's sole risk and without liability or le gal exposure to ENG I- NEER, or to ENGINEER's Subcontractors. and OWNER shall indemnify and hold harmless ENG INEER and ENGINEER's Subconsultants from all claims. damages. los ses and expenses including attorn eys' fees ansing out of or resulting therefrom . Any such verification or adaptation will entitle ENGINEER to further co mpensa ti on at rate s to be agreed upon by OWNER and ENGINEER. 8.3. Mutual Waiver of Consequential Damages Notwithstanding any other provis ion of this Agreement to the contrary , neither party including their office rs. agents, se rvants and employees. shall be liable to the other for lost profits or an y special, md irect. incidental. or consequential damages in any way ansing out of th is Agreement howeve r caused under a claim of an y ty pe or nature based on any theory of liability (including. but not limited to : contract. ton. or warranty ) even 1f the possi bility of such damages has been communica ted. 8.4 Limitation of Liability In no event shall ENGINEER ·s total liabihty to OWNER an d/o r any of the O\VNER 's officers. emp loyees . agents, contractors or subcontractors for an y and all inJuries . claims . lo sses. expenses or da ma ges whatsoever arising out of or in an y way related to thi s agreement from cause or causes. including, but not limtted to . ENGINEER's wrongful act. orruss1on. negligence. errors. strict liability , breach of contract. breac h of warranty. express or implied. exceed the total amount of fee paid to ENGINEER under this agreement or S50.000. whichever is greater. 8.5 . Controlling Law This Agreement is to be governed b y the law of the pnnci pal place of busin ess of ENGJ]';EER . 8 .6 . Successors and Assigns 8 .6 .1. OWNER a nd ENGINEER each is hereby bound and the partners. successors, exec ut ors. admimstra1ors and legal representatives of OWNER and E:-JG INEE R (and to th e extent pern1ined by paragraph 8.5.2 the assigns of OWNER and ENGINEER) are hereb y bound to the other party to thi s Agreement and to the partners, successors. executors, admimstrators and legal representatives (and said assigns) of such other pany, in respect of all covenants, agreements and obligations of this Agreement. 8.62. 1 either OWNER nor ENGINEER ma y assign. sublet or transfer any rights under or interest (includ ing, but without limitation. moneys that may become due or moneys that are due) in this Agreement without th e wrinen consent of the other. except to the extent that any assignment, subl enmg or transfer 1s mandated b y law or the effect of thi s limitation ma y be re stncted by law . Unle ss specificall y stated to the contrary in any wrinen consent to an assignment , no assignment will release or discharge the as- signor from any du ty or responsibility under thi s Agreement. 8.6.3. Unl ess expressly provided otherwise in thi s Agreement : Page 7 o \,nl"r En gineer Pro f Ser\'1ccs 4/2J/2001 I • 0 • 8.7. Notices ,,-. • ·,· • - 8.6 .3 .1. Nothing in this Agreement sha ll be construed to create . impose o r give n se to any du ty owed b y ENGINEER to any Conrractor, Subconrractor. Supplier. oth er person or entity. or to any surety for or employee of any of them. or give any rights in or benefits under thi s Agree ment to anyone other than OWNER and ENGINEER. 8 .6.3 .2. All duties and responsibilities undertaken pursuant to thi s Agreement" 11! be for the so le and exclusive benefit of OWNER and ENGINEER and not fo r the benefit of an y oth e r party . Any notice required under this Agreement will be in writing . addressed to the appropnate part) at the address which appears on the signature page to this Agreement (as modified in wntmg from lime to lime b~ uch pany) and given personally, by registered or certified mail. return re cei pt reque sted. by fa ,mile. or by a nauonall y recognized overnight courier service. All notices hall be effecuve upon the date of receipt. 8.8. Severability Any provision or pan of the Agreement held to be void or unen fo rceable under any law or regulation hall be deemed stricken. and all remaining provisions shall continue to be valid and bmdmg upon O \\"'s:ER and ENGINEER. who agree that the Agreement shall be reformed to repla ce s u h ·m ken prov, ,on or pan thereof with a valid and enforceable provision that comes as close as possible to ex pre s mg the 111tent1on of the ,rn ken pro vision . 8 .9 . In suran ce ENGINEER shall procure and maintain insurance for protecno n from claims unde r workers' co mp ens au on acts . claims for damages because of bodily injury includmg personal injury, sic kness or disease or death of an y and all employees or of any person other than such employees. and from claims or damages because of in Jury to or destruction of property including loss of use resulting therefrom. 8.10 . Discovery ENGINEER shall be entitled to compensation on a time and materials basis when responding to all reque sts fo r discoveries relating to this Project and to the extent that ENGINEER is not a party to the lawsuit. 8.11 . Unforeseen Conditions At any time during the life of this Agreement should any substance be uncovered or encountered at the s ite that would void or otherwise adversely impact the ENGINEER's professional liability insurance, the E 'GINEER reserves the right to renegotiate the terms and conditions of this Agreement, the fees for the ENGINEER's servic- es, and the ENGINEER's continued involvement in the Project . 8.12 . Nondiscrimination and Affirmative Action In connection with its performance under this Agreement, ENGINEER shall not discriminate against an y employee or applicant for employment because of race, color. creed. religion . age, sex. marital status. sexual orientation or affcctional preference. national origm, ancestry, c1tizenslup, phys ical or mental handi cap or because he or she is a disabled veteran or veteran of the Vietnam era . E GINEER shall take affirmative action to ensure that qualified applicants arc employed and that employees are treated during employment without regard to their race. color, creed, religion. age, sex. marital status , sexual orientation or affectional preference, national origin . ancestry, citizenship, physical or mental handicap or because he or she is a disabled veteran or ve teran of the Vietnam era. Such acnons shall include recruiting and hiring , selection for training, promotion, fix ing rates or other compensation, benefits, transfers and layoff or termination . Page e • ) I • 0 - - • • ;.,--• • .. ·•' .. ... • -.. ARTICLE 9. EXHIBITS AND SPECIAL PROVISIONS 9 .1. This Agreement is subject to the provisions of the following Exhibits which are attached to and made a pan of the Agreement : 9 .1.1. Exhibit A, "Further Description of Engineering Services and Related Maners ," consist ing o f 5 pages 9 . I .2. Exhibit D, "Project Cost Estimate." consisting oi I page 9 .1.3 . None . THE BALANCE OF THIS PAGE WAS INTENTIONALLY LEFT BLANK Page 9 Ownrr,Engmccr Pro f. Services 4/24/2001 .. ', 0 I • 0 2 - • ------·--..,.,..------------------~~~------------~------- ... ·,· ./ • 4, • - This Agreement (consisting of Pages I to 10 inclusive, and the exhibits identified above) constitute the entire agreement be!Ween OWNER and ENGINEER and supersede all prior written or oral understandings. This Agreement may only be amended. supplemented, modified or canceled by a duly executed written instrument. IN WITNESS WHEREOF, the panics hereto have executed this Agreement to be effecnve as of the date first above written , OWNER: By : Title : Date: Address for giving notices : c/o Mark Van Nostrand Littleton/Englewood Wastewater Treabnent Plant 2900 S, Plane River Drive, Englewood CO 80110 ENGINEER: By: Richard J. Thornton Title: Senior Vice President Date: Address for givmg notices: c/o Jose Velazquez Camp Dresser & McKee Inc . 1331 17th Street, Suite 1200. Denver CO 80202 Owncr/En11nttr Prof. Services 4/24/200 I Page 10 • ,, I • 0 X • • -• • .. • • - • .. EXHIBIT A TO AGRED'IENT BETWEE:"i OWNER AND E:"JGINHR FOR ST UDY AND REPORT PROFESSIONAL SERVICES ... FURTHER DESCRIPTION OF ENGINEERING SERVICES Al"ID RELATED MATT[RS 1l1is is an exhibit anached to and made a pan of the Agreement dated September 5. 200 I . betwe~n C 11 y of Englewood (OWNER) and Camp Dresser & McKee Inc . (ENGINEE R) for study and repon professio nal se rvi ces . I . The Basic Services of E, GrNEER as described in Anicle 2 of said Agreement are amended and supplemented as follows: I.I General 111c OWNER provides wastewater treannent services fo r the Ciues of Lmleton and Engl e wood plus 19 conne ctin g Service Districts located in the southern Denver metropolitan area . The OWNER intends to conduct an infiltration/inflow (1/1) study to characterize "excessive" extraneous flow s that may enter the collection system tributary to its Linleton/Englewood Wastewater Treannent Plant(Li EWWTP). The Project scope of work will be accomplished in six tasks as described in Paragraph 1.2 below and generall y includes data re v iew , preparati on of collection system based map. wastewater flow monitoring, data anal yses. preparation o f drati and final repons. and coordination meetings with OWNER. Two workshops with the OWJ\'.ER are planned. The first will be held at the beginning of the Project to clarify Project objectives, communications protocols. dis u ss o w:-.:ER 's sys tem ex perience/issues reiative to 1/1 , obtain existing information and data . and dis c uss prehmmary !l ow meterin g locations . The second workshop will be held at the conclusio n of the da ta anal yses task to re v iew results and prelimmary recommendations for any subsequent flow metering an d/or syste m evaluations. 1.2 ENGINEER shall complete the following Project task s: Task I -Collect/Review Information ENGINEER will collect and review available wastewater flow and quality data, projec t rela ted repons ompl e ted for OWNER. U.S . Envirorunental Protection Agency draft Sanitary Sewer Overflow regulation s. co ll ect1on system mapp ing , collection system physical characteristics , and hydrologic/ climatological data as II may penam to I I conditions . Flow metering data available from sen·ice districts will also be obtained 10 more spe cifi call y characterize wastewater hydraulic characteristics and 1/1 as well as aid in selection of appropriate flow meterin g locauons within the system. Task 2 -Compile Service Area Mapping Existing hard copy and digital mapping files ( where available) from Littleton , Englewood, and Service Distnc ts . will be collected and compiled for entry mto a digital database using ArcView software . A,•a1lable mappmg from Arapah oe, Jefferson and Douglas Counties and other sources (such as Urban Drainage. and DRCOG) will be queried fo r ava1lab1hty and appropriateness . Sources of topography used by member ent11ies wtll be reviewed to 3 2000 Page I l:,h1 b11 A S1udy & Rcpon Profoss1ona l Serv ices 1' ... I • 0 • • -• • • - de1em1me quality and availability. It 1s assumed that the most comprehensive topography available will be from th e SGS raster file database. Topography from 7.5 -minute quadrangles or bener (if available ) will be used and combined into a digital coverage or layer system as appropnate. Where collecnon sys tem mapping 1s no t available. Service District point of connection 10 the sewer system tributary to the O\VNER's wastewater treatment plant will be idenufied. Collection system subbasin delineauon (acreage served ) and subbas m populauon will be ummanzed for the purpose of comparing 1/1 characterisucs with the service area . Task 3 -'.\1onitor Sewer System Flows ENGINEER will identify up 10 eight(S) now monitoring manhole locauons and review with 0 \V-:--ER at Workshop I. U pon O\VNER's approval. ENGINEER will mstall and continuously monnor "aste\\ater n ows up 10 si x months to characterize dry weather and wet weather now conditions. Wet weather momtonng will capture at least three significant precipnation e\"ents . '.\1eters will be installed. mamtamed. and remo\"ed by E:S:Gr.-:EER ·s personnel during the durauon of the metering period . If, after meter installauon . sys tem hydraulic andtor physical features adversely impact now monitoring results . ENGINEER will 1denufy an alternate m onnormg s ite and reinstall the flow monitoring equipment. Meters will be self contained, battery-powered units capable of direct area \"eloc1ty conversion 10 direct flow (American Sigma 950 area-velocity data logging flow meters). If it 1s not po ss ible to install submerged probe-type meters. an ultrasonic level probe will be utilized to measure depth of flow . E'.\'Gl);EER will obtain ph ys ical system measurements(pipeline inven elevations. pipeline size and materials) to facilitate n o w computanons from le,·el probe data. ENGINEER will handle all confined space entry and air monitormg associated with installauo n and removal of meters . Effons will be made to locate monitoring sites outside. of traffi c areas to mmirrnze confli cts . Field personnel will visit each meter every other week to download data. chec k me1er calibration. change out batteries, and clean the submerged probe. Field personnel will have one backup meter on hand in the e\"ent that a replacement meter is required. ENGINEER will review ex1sung ram gauge locauons and install up to rwo additional rain gauges to log rain data during flow monitoring penods . Task 4 -Analyze Data Collection system attributes, such as subbasin delineation and acreage. and population data will be tabulated. Resident and employment population data available from OWNER. Service Distncts and/or from the Denver Regional Council of Governments will be used to estunate c urrent subbasin popularion. This information will enable analysis of 1/1 on the basis of gallons per capita per day(gpcd) and gallons per acre per day(gpad). In addition . wastewater flow and strength data available from OWNER will be used to characterize wet weather and dry weather conditions tributary to the UEWWTP. Wmter water consumption data from OWNER will be used 10 compare estimated base wastewater flow derived from populanon data and to estimate wastewater di scharged from major industrial accounts . ENGINEER will analyze flow data including: • Decompose wastewater flow data into base flow , groundwater infiltration (GWI), and Rainfall dependent l/l(RDl/1) components. based on the data collected. • Us e available unit flow factors (e.g .. gpcd for residential. gallons per employee per day for commercial and winter water consumption data for industrial users) to prepare estimates of expected sanitary sewer flows based estimates of current population and employment by tributary subbasin . 3/2000 Page 2 Exh 1b11 A Stud y & Report Professional s~n·1ccs I • 0 - • • • • I, • -.. • Develop ROI /I hydrographs for each monitored basm using a uml hydrograph approach that 1s ca librated to actual flow monitoring data from the srudy area . The unit hydrograph technique will then be used to predict ROI/I hydrographs for up to two events. • Present flow data analysis results in terms of the relative contnbut1ons of I I from monttored subbasi ns for use in setting priorities for 1/1 correction program. Subbasm flow data, physical fearures , tributary population . and hydrograph decompos111on results will be tabulat ed and summarized for both dry weather and wet weather co ndition s and presented to OWNER at Workshop 2 . ENGINEER will make recommendations for fiinher flow monitoring srud1e s as may be nece ssary to identify and locate 1/1 sources . Also at Workshop 2, ENGINEER will describe proposed approach to determine 1f any identified 1/1 is "excessive" and describe a process for setting rehabilitation prioritte s. Task 5 -Prepare Repons Five(5) copies of the draft 1/1 repon will be submitted to OWNER for review . ENGINEER will meet with O \VNER 10 discuss review comments and prepare ten( I 0) copies of the final repon. ENGINEER will also prese nt srudy findings and recommendations to OWNER management and provide a copy of presentation graphi cs to OWNE R staff. The reports will include collection system map. summary of data analyses and recommendations for funher system evaluations if necessary. It 1s not anticipated that sufficiently detailed information will be obtained during this st ud y to 1dent1fy specific 1,1 so urces and associated rehabilitation methods and costs. ENGlNEER will summanze sewer rehabililatto n methods and associated range of costs based on ENGlNEER's experience. E"1GINEER will review OWNER's esumates of lreatrnent and conveyance costs for the hydraulic component of wastewater flow. Using E"1GINEER's experienc e. generalized estimates for 1/1 reduction and associated rehabilitation costs in subbasins of concern will be prepared. This will allow OWNER staff to make informed decisions regarding proceeding with more detailed subbasin investigations . The repon will also present regulatory considerations associated with the most current status of the SSO re gulati ons . Strategies for coordination of compliance with the SSO regulations-for planning, operation. monitoring , and documentation with Service Districts will be discussed . Also. 1/1 values derived from this srud y will be compared to criteria used by DRCOG for Wastewater Utility Plan preparation. Upon acceptance of the final repon by OWNER, ENGINEER will furnish OWNER a bound set ofcalculat1ons associated with the data analyses and preparauon of the repon. Task 6 -Coordination and Meetings ENGINEER will panicipate in up to four coordination meetings with OWNER and/or C DPHE . DRCOG . and Service Districts . The purpose of these coordination meetings is to supplement the two workshops as ma y be neces sary to review progress, discuss issues. and resolve problems . Meeting and workshop discussions will be summarized in meeting minutes and forwarded to OWNER eleclronically via E-mail. 2. The responsibilities of OWNER as described in Anicle 4 of said Agreement are amended and supplemented as follows : 2.1 Provide traffic control where may be necessary to facilitate mstallation. removal and penodic monitoring of wastewater flow metering equipment 2.2 Assist ENGINEER in acquiring sewer system and other related mappmg from Service Districts. 312000 Page J Exh 1b1t A Study & Rcpon Professional Serv1ccs • I • 0 • J• .•. ·.: • .. • - 3 . The time periods for the performance ofENGINEER's services as set forth in Anicle 5 of said Agreement arc amended and supplemented as follows : 3 .1 ENGINEER shall complete draft repon within 300 da ys of OWNER's notice to proceed. The final repon will be completed within 14 days of receipt ofOWNER's comments on the draft repon. 4 . The method of payment for services rendered by ENGINEER shall be as set forth below: 4.1 For the Basic Services performed, the OWNER agrees to pay the E, GINEER fee s not to exceed $99,529 .00 . 4 .2 ENGINEER shall be paid on a time and materials basis according to the hourl y billing rates for project personnel and rates for reimbursable expenses listed below : Category Billing Rate Engineer 9-10 $165 /hour Engineer 8 $150 /hour Eng ineer 7 $125 /hour Eng i neer 6 $115 /hour Engineer 5 S95 /hour Eng inee r 4 $BS /hour Eng ineer 3 $75 /hou r Eng ineer 2 S6S /hou r Engineer l $55 /hou r Techni ci a n S6 0/hour Des igner $70 /hour Draf t ers SS5 /hour Word Processors S4 5/hou r Clerical S35 /hour Flow Meter Renta l $650 /mo. Tripo d System $2 00 /wk Air Meter $12 0 /wk Blower $50 /wk Rain Gage Rental $220 /mo. Automobile /Mileage SO. 345 /mile Photocopi er SO.OB each Color Edge Co p ier Sl .00 each Telefax Sl. 00/page Computer SS .0 0 /hour Out side Services Cost p us 10 5 . OWNER has estllblished the following special provisions and/or other considerations or requirements in respect of the Assignment: 5.1 Article I, Paragraph I .1 of said Agreement, Standard of Care, is supplemented with the addition of the following sentence to the end of the second paragraph: "ENGINEER shall be responsible to OWNER for damages directly resulting from the ENGINEERS failure to conform to the standard of care described in Anicle I , Paragraph I . I in the performance of its services under this Apecmcnt." S.2 Article I, Puqnph 8.2 if said Agrccmcnt, Reuse of Documents, delete in its entirety and replace wuh the followina : Pase' • ) I • 0 • • • • ,. •,.:. .. • -... "All documents including maps, repons, drawings and specifications provided or furnished b y ENGINEER(and ENGINEER's independent professional associates. subcontractors. and consultants) pursuant to this Agreement are instruments of service in respect of the Project and OWNER shall retain an ownership and property interest therein. OWNER may make and retain copies for information and reference; however, such documents are not intended or represented to by suitable for reuse by OWNER or others. Any reuse without wrinen venficauon or adaptation by ENGINEER for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, or to E GINEER's independent professional associates ., subcontractors, or consultants, and OWNER shall bold harmless ENGINEER and EN GINEER's independ~nt professional associates , subcontrators, and consultants from all claims, damages, losses. and expenses including anorneys' fees arising out of or resulting there from . Any such verification or adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER." 5.3 Article 8, Paragraph 8.5, Controlling Law , delete in its entirety and replace with the following: "This Agreement is to be governed by the law of the location of the OWNER, which 1s the City of Englewood, Arapahoe County, Colorado, and shall be venue for any legal actions under this Agreement." 5 .4 Article 8, add new Paragraph 8.13 , ENGINEER's Personnel as follows ; "ENGINEER represents that it will use as a minimum the following personnel in performing the services under this Agreement: Richard Thornton Jose Velazquez Tom Charles Tom Mercer Responsibility Principal-lo-charge Project Manager Project Engineer Field Program Manager Changes in the above personnel shall not be made without advance wrinen approval of the OWNER." J/2000 Page 5 Exhibit A Stud y & Report Professional SeTv1ccs ... I • 0 I • • a • •• • Exhibit 8 to Agreement Littleton/Englewood WWTP Infiltration/Inflow Sludy Phase 1 Pro ect Cost E~tUNllt! L..ibor ~"" -.r -· , ,. • r •ic.,1 ;,., ,;--:: P,,:,,-.. ! C J rr.,• ,!!,. -' ·.u:1·«. "-' :•.,.r e -1,,<Mors •.,_.. •.;1,r EN::,ll&t-1 '.L_.,•,tJ<>t !:• " .. ~ ... "' ....... ~ ~e-. s, ,t • 1 •,"""' '111>, I•;.,:., ,l:?.J ":~,::: l..t',U1t"ll ,,,. ., , :: .. -1 6 • •• •·' ~,.,,. ... ... Q ,,. !,·· : • .. ~ 51·~ 1C ~ 1· ~ ... • •• -1 i.: ..... ,. ,.,, ..... ~·'" ,, ,o · ••·.:.. " t", ,. -·•1 ·-•rr 'l .. • ..... -1,:.r•lf ., . .,. ,. 60 • •• r ~••'L ,. 20 .. ,, .. .. • •;; ,-. 'tK:, 10 20 32 92 1 0 192 8 ~:,I S1650 SJ OOO '4 000 S10 580 S9350 $1.a UIG S680 S5 9 1 StO 9~') S:! g •ll !,2 550 Othe-r Oin tel C o st5 \£,i•, ·.1.1~·s i:>nlH'! E.u1,,11r ~ C 1:. u,,, F,_i , n>t:M ;:,,., ;..,:,> Tm\ CotJII-S ~•·C"t" SM'C>,oc;l S,,r L • ;:), rn C..mi .:n1 ~ la l.,111 1~ C,,J,!.,~ r Jc,,-<i"S :>uh.I~ Ot~ .:11s O.it1') ""• u ~ :_..,- Unit Ctl:.t S1 '!0 SO(c e S '' S1 M SI ,.,. J .,, 5,:; s,r 'O Wo,unog1 TaUo 1 COiiect ana Review Data Ta511. 2 Come>tie Ser111ce .r.tea MaDOlllCI hP • Ana1vze Cati & Cttaractenze 1 , w~snoo2 T asi,.1 COlleC1 an<1 Rev...-Data TaSk2CornoiieServiceAtu •,,iat ·'"'" c~ .. , h.,. " Analyze Oata & Cha,ac.1enze 11 Tasa 5 Pteo,are Oran ana Fonal Reoons T~6CoorcllnallOl"I & TaP 1 Collect and Review Data Ta5a • Anatvz e Data & Cnaracten:e 111 Wo tUl'IOD 2 TaP. 5 Preoare Oran ano Final Reoons Ta"' 6 Cooroina110t1 & • ,oo 500 "' 50 500 son 'In 29660 "' 50 500 ,o 50 7000 <00 ,ooo ,oo ,oo 1o,&OO 1150 JOO 29660 $832 S I ':JO $300 129 660 SuDC:ontnc1ors , .. Total Costs .·r .. Sor,. 0.1r.1 ldtlt'II' N!lr-i.<1 C--sn. 2,530 S .. 9 6840 S :!09 8&30 S 1 163 17 400 $30135 3 060 S ,57 S 13880 S 960 S 5330 S 625 l 33 •Ji ··~ S 2 579 S 7 049 S 9793 $ ,1536 S 8560 S 321 Page 1 RO .. • '·' "~ .. •• e ,0 :oo 500 ,3so ,0 1000 ,. :!09 S \ 103 ' ''° S '57 ; 060 S 33 ;1,39 % 5JJO I • 0 I • • • ORDINANCE NO. SERIES OF 2001 ..... , • ,, • - BY AUTHORITY COUNCIL BILL NO . 36 INTRODUCED BY COUNCIL MEMBER YURCHICK AN ORDINANCE AMENDING TITLE 7, CHAPTER lA, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO DOGS AND CATS. WHEREAS , the recommended time between vaccinations for dogs and cats has changed over time; and WHEREAS, this Ordinance will update the dog and cat regulations to reflect those changes; and WHEREAS, the Englewood Code Enforcement Advisory Committee has reviewed the current dog at large provisions of the Englewood Municipal Code and has determined that control by voice command has proven inadequate to maintain control of dogs when the dogs are away from the premises of the owner or keeper; and WHEREAS , the Englewood Code Enforcement Advisory Committee has r e commended the City require that all dogs be on a leash when away from the premises of the owner or keeper: and WHEREAS, the Englewood Code Advisory Committee has reviewed the cruelty to dogs and cats provisions of the Englewood Municipal Code and recommends modifications to properly care for such animals; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD . COLORADO, AS FOLLOWS: Sectjon l. The City Council of the City of Englewood, Colorado hereby amends Title 7 , Chapter lA, Section l , of the Englewood Municipal Code 2000, to read as follows : 7-lA-l: Definitions. For the purpose of this Article, certain terms and words are herewith defined as follows : Adjoining Owners, Residents: The owners and residents of lands that a r e s uppo rted by a common boundary line . ,'\ttitlMll G6,11r"l o;fieer: The perll81t er perll81t8 empeu.erell l,, the Git) te e1tferee tke pr" >'isi,,1ts "hhia .'.ri:iele. Animal Shelter: Any premises designated by the City for the purpose of boarding and caring for any animal impounded under the provisions of this Article or any other ordinance or Jaw of the State of Colorado. • . J 11 bi I • 0 • • -• • , . • - Attack: Any do g or ca t that. without provocation. including the definition from Section 7-lA-IO(C) EMC bites or attacks human beings . or in a vicious a nd terrorizing m a nner attacks, or approaches in an apparent attitude of a ttack , a person anywhere within thjs City , or a dog or cat that runs after and bites , barks or growls at any other animal , bi cycle or any vehicle being ridden or driven upon the streets, sidewalks or any public ground or other place open to the general public withln this City. Cat: A domesticated carnivorous mammal Fe bs Catus. This does not include any felidae not domesticated such as ljon, tiger, wildcat. etc . which are included within the provisions of Section 7-lC-3 EMC . Dog: A carnivorous domesticated mammal of the canine species. Canis Familiaris and the product of Canis Lupus having been bred Canis Familiaris. The following are excluded from and are not a part of this definition : Jackals: foxes ; and related animals: and wolves, Canis Lupus all of whlch come within the provisions of Section 7-lC-3 EMC . Dog or Cat , Castrated Male (Neutered): Any male dog or cat upon which alternative surgery of the genital organs has been performed by a licensed veterinarian a nd accompanied by a certificate asserting s uch operation has been performed. Dog or Cat, Female (Not Spa.yed): Any dog or cat of the female ge nde r up on whi ch n o alternative surgery of the genital organs has been perform ed . Dog or Cat, Female Spa.yed: Any female dog or ca t on whi c h a n ovariotomy or ovariohysterectomy has been performed by a licensed vetennanan a n d acco mpa ni e d by a certificate asserting such operation has been performed. Dog or Cat, Male (Not Neutered): Any dog or cat of mascuhne gender upon which no alternative surgery of the genital organs has been performed. Dog or Cat Owner: Any person keeping, harboring o r having the full or temporary care of a dog or cat at the time any violation of this Article 1s committed . Dog or Cat, Stra.y and/or Running at Large: Any dog or cat with.in the C ity bmits. outside of owner's property, unaccompanied by owner as defined herein . Grieuous Bodil.y Harm: Bodily injury which involves a s ubs tantial risk of death , serious permanent disfigurement, or protracted loss or impairment of the function of any part or organ of the body . Guard or Attack Dog: Any dog trained to attack a person, or acquired for the purpose of patrolling property or attacking any person. Also included is any dog whose actions have previously resulted in a conviction of its owner of a violation of Section 7-lA-10 EMC~- Hobb.y Breeder: Any person who, outside of his regular course of employment. is breeding purebred dogs in an attempt to improve the breed through co ntrolled propagation, thus achieving carefully desired qualities and traits . Kennels or Cattery: Any place where dogs or cats are born , bred. raised , boarded , fed or sold , for any valuable consideration, but shall not include a household which sells only the offspring of a female dog or cat majntained solely as a family pet. 2 • ... .. I • 0 • • G • R a bies: A vira l e nce pha litis, a lm ost a lw ays fata l to both wil d a n d do mes tic a ni ma ls. tha t may affect a ny wa rm-bloo d e d a nim a l but is most co mm o n in ca rni vo r es a nd new worl d bats. In the United S t a t es. fox es. s kunks a nd r accoo ns a r e t h e maio r wild ca rnivo r e hosts. though d ome stic d ogs a nd cats r emai n the most impor ta nt sour ce of hum a n exp os u r e. Sectjon 2. The City Co uncil of t he Ci ty of Englewood. Co lor a do he r eby a me nds T it le i , Ch a pte r l A. Sections 2 a nd 3 . of the En glewood l\lu mc1pal ode 1000. to r ead as follows : 7-lA-2: Running at Large Prohibited . A. B. Dog s at La rge. It s hall be unl a wful fo r a ny own er o r pe r on hav m g the ca r e , custody a nd control of a ny dog to a ll ow s uch dog to ru n at la r ge 111 the ity . ""less J tt eh Eieg is ttl'ltier the reese l'leele eeAtrel ef a.,eh e , t1 e1 e r pe ,ser,. For t he purpose of this Secti on . a dog s hall be deeme d t o be runnin g at la r ge when off or a way fr om the premi ses of t he ow ne r . possessor or kee pe r t her eof and not ttl'ltier the eel'ltrel ef s tteh e .. He r , pessease r er lt ee p er ... he s heH be eempeteflt ta eel'ltrel s tteh tieg ttl'lti .. he me, be r eftttH"eti t e ti el'l!er,s trete te" l'll el'l!eer ef the Ci~ P er seAl'lel , hi s er her abtl:1t) t e ee Atre l s tt eh tl eg .. he11 e . e t s "eh tieg is Aet kept e fl er ee Atr eUeti I,, a leash . ee r tl er ehair, Aet te e.teeetl t el'I feet (1 9 '). Git) s httll m!lJl'ltBHI ,1 reeerti ef aH !HHl'l!el s 1l'llp e ttAti etl tegeth er .nth ttH te es eeHeeteti on a leash held bv a pe r so n ab le to con t r ol t he dog Net .. ithstel'ltiil'lg !IA) ef the pre lisieAs ef this See tt e ft . t1 ti eg shttll be tlee l'l!etl 1'1Bt "l'ltier reese!'leel e eeAtrel .. heft 81'1) ef th e feH e tl'lg ee nait1 eAs eee .,,. tt-. The tieg il't.'ilets tlemage er injttr) 6) b1ttt1g , j t11'1lptAg t1p eA. pellttt!H ~ ef , egetetiel'I . er h) 8ft) ether m eel'I S , htttsee , er. te the 1ie r se ft Br prepert) ef 8 1'1) Bl'le ether theft the e .. He_. e.teept IA th e ti ete Ase ef tl ,e e .. Aer , h:i s family er preper~. er Bf'I) ti eg ttl'!ti e r the eB l'llrel t1 Ati eemmel'lti ef a peliee effieer if'I the ee"tH s e ef m a titttJ . &. IA the ee se ef!lf'I) ""spe)etl femal e tie g, .. lttl e stuti tl eg ,s ,,, es t,.,s (iA heet e r m se e se f'I ) al'lti ABt see'ttt'e l, ee .,ii l'l e ti ,n the e .. Aer 's yortl . pel'I er ether e f'lele s .,1'e . Dogs N ot Under Rea so nable Co ntrol . ~l et .. iths taf'ltiiflg Bl'I , ef the pre , 1rJ1 el'l s ef thi s Seetiel'I e tieg sheH l,e tieemea Hat ttl'ltier reaee nBbl e ee Atr el "he l'I 8ft ) ef the feHe .. il'lg ee!'laitiel'le eeettf'. It s hall be unla wful fo r the per so n h a ving t he ca r e • custody and control of any dog. to not ma intai n t h at do g u n de r r easona bl e co ntr ol. Notwithstanding any of the provisions of Section A a do g s h a ll be d ee med not unde r reasonable control when any of the following co ndmon s occ ur: The dog inflicts damage or jnjury bv bm ng , rnmping up on polluting vegetation or by any other means whatsoeve r t o t h e pe r son or propertv of anyone other than the owner except where the dog act s in the defe nse of the owner hjs family or property · or exce pt whe r e the d og is unde r t he co ntrol and command of a police officer io the co urse of !us /he r duty . 3 I • 0 --- • • • - ~ In the case of anv uns paved female dog while said dog is in estrus (in heat or in season) and not sec ure lv confined in the owner's vard . pen or other enclosure . ~-B . Ca.ts. It s hall be unlawful for any owner of a cat to allow s uch cat to run at large in the City and to become or create a nuisance . Notwithstanding a ny other provisions of this Section, a cat shall be deemed to be a nuisance when any of the following conditions occur: l . The cat inflicts damage or injury by biting, jumping upon , polluting of vegetation or by any other means whatsoever. to the pe r so n or property of anyone other than the owner. 2 . In the case of any unspayed female cat, while said cat is in estrus (in h eat or in season ) and not securely confined in the owner's yard , pen or other enclosure . • UerMJl!, .. <'zfl, enner er persen fettnii gattHey sf ,ielating an, ehhe pre,isiens efth:is Seetu,n shall be ptuttsheii !18 pre, iiieii in Seetiel'I l 4 l , Engle , eeii ?.htnieip!II Celie ~- 7-tA-3 : lmpoundment of Animals; Notice, Disposition. A . Any dog or cat or dogs or cats , found running at large and/or creating a public nuisance , and anv dogs or cats s ubject to cruel treatment as s pecified in Section 7 · lA -7 EMC, may be taken by the .\mmal Centre) Otiieer City and impounded in the s helter designated -~ the City .'bttmal Shelter and there confined in a humane manne r for a period of not le ss than six (6) days and may thereafter be disposed of in a humane manne r if not claimed by their owners . Dogs or cats net, mav be clauned by their ow ners before the expiration of six (6) days, Dogs or cats not cla uned by their owners before the expiration of six /6) davs may be disposed of at t h e discretion of the Citv .\:ntmal Cer1trel Otiieer , except as hereinafter provided . B. The .'umnal Centre! Offieer ~ may transfer title of any dog or cat held at the Animal Shelter to the Society for the Prevention of Cruelty to Animals after the legal detention period has expired and s uch dog or cat ha s not been claimed by its owner. C. When dogs or cats are found running at large and their ownership is known to the Pnttmal Centre! Offieer City personnel, such dogs or cats need not be impounded, but such effieet,-personnel may cite the owners of s uch dogs or cats to appear in court or the Violations Bureau to answer charges of the violation of this Article . D . Immediate ly upon impounding dogs or cats, the Artim11l Centre! Otiiee1 Citv s h a ll make every possible , reasonable effort to notify the owners of s uch dogs or cat s so unpounded and inform such owners of the conditions whereby they m ay regain custody of s uch dogs or cats . 4 • .. 0 I • 0 • • • - Sernon 3 . 1'he City Co uncil of the City of Englewood , Colo rad o hereby ame nd s Title i , Chapter lA , Section 5. of the Engle woo d Muni ci pa l Code :WOO , to r ead as follow 7-lA-5: Vaccination Req u i r ed. The owne r of each dog or ca t which 1s s ix (6) months of age or older sha ll ca use sa id dog or cat to be vacc ina t ed aga m st r abies with e ithe r a nnual or three (3) vea r rabies se rum . Such vaccmat1 on s hall be r epeat ed thereafte r as required bv t he se rum . Dog or cat s s hall be vaccinated by any veterinanan licensed to pracnce vete rinary med1cme. A ce rtifi cate of vacc mation , m duplica t e, sh a ll be co mpleted by the vete rinarian. one co py to be iss ued to t he dog or ca t owne r a nd on e t o be retained m the vetenna n a n's ftle Any dog or cat m the cu stody of ilie C1tv 8H.• pel1ee effieer .. \i!ffll8:l Ce ntre! Offieer or m the Ci t) p6 ttfta s h a ll be r elea ed to the owner of sa id dog or cat fo r a penod of time not t o exceed fi ve (5) days m order to o btam the vaccination of the dog or ca t . Sect10 n 4. 1'he ity Co uncil of the City of Englewood . olorad o hereby am nds Title 7, hapter lA. Section 7. o f the Englewood '.\1 uru c1pa l ode 2000. o read as follows : 7-lA-7 : Cruelty To Dogs A nd Cats. ~. It hall be unlawful to kill . mam. d isfig ure, torture . torment, neglect, beat with a stick. burn or scald with a ny substa nc e. o r ca u se a dog or cat to e nd ure unreasonable or uniusttfiable pain. s uffering or miury . ~ Ca re and Maintenance . It s h all be unlawful for anv pe rso n kee ping or ha r boring an\' •) sh ade Each dog o r cat s hal! r ece iv e a n adequate datlv supply of clea n fres h food suitable fo r the nurture of the s pecie s ' phvs1ca l co ndjuon a nd a ge s ufficie n t t o maintain a healthv level of nutrition . Each do g or cat hall a t all umes have an a dequate a nd accessibl e s upplv o f clean. fre s h pota bl e water a nd s uch water s hall be proV1ded e ither fre e -fl owing or m a dea n sta ble receptac!e. Each dog or cat housed outdoors shall have co nveme nt acce s to ap propnate weather and temperature-resistant shelter throughout the "ea r . Anv s helter shall be structurally sound clean adequately sized a nd mamtamed m good repair to protect the dog or cat from injury and from the elements ~-The living area for the dog or cat shall have adequate dramage such that the dog or cat shall be free to walk sit stretch or lie d own on a dQ' s urface. 5 I • 0 • • • • ... • - If a dog or ca t is housed outdoors in addition to a s helte r it s hall be provid e d with a n enclosure to minimize ris k of injurv a nd to provide s uffi cie nt s pace t o enable freedom of movement and e xercise. Sectjon 5. The City Co uncil of the City of Englewoo d . Colorado hereby a me nds Title 7 . Chapter lA , Section 8-l, of the Englewood Municipal Cod e 2000 , to read as follows : 7-lA-8-1: Removal of Excrement; Damage to Shrubbery or Plants. A . It s hall be unlawful for any person in possession of, harboring, or in charge of any dog to refuse or fail to remove forthwith! e xcreme nt deposited by said d og upon a common thoroughfare, street, sidewalk. play a rea , park or upon other public property, or upon any private property within twentv-four (24} h ours after be mg deposited, .. heft permiseieft ef the e" Rer er left8Ri ef s sili prepert~ hss Rtlt he e R ehtaineli , and such is hereby deemed to be a public nwsance and prolub1 ted . Dog e xcrement shall not be placed in s torm sewers but s hall be di s p osed of in a s anitary manne r . 8. It s hall be unlawful for a n y owner, possessor or perso n who k eeps any dog to pe rmit s uch dog, whethe r or not runrung at large, to de s troy , d a mage or inJure any shrubbery, plants , flow e r s , grass , lawn , fence or anything whatsoever upon a n y public premises or upon any private pre mises owned or occupied by a perso n other than the owner, po ssessor , or keepe r of s uch dog , and the sam e is hereby decla r e d to be a public nuisance and prolubited. Sectjon 6. The City Council of the C ity of Englewood , Colorado here by ame nds Title 7, Chapter lA, Section 11 , of the Englewood Mumc1pal Code 2000 , to read as follow s: 7-lA-11: Destruction Hearing. A . Whenever the conduct of any dog or cat has resulted in two (2) convictions of offe n ses proscribed in Section 7-lA-10 EMC efthe !iiRgle,,eeli Mttftieipsl Celie witlun a 8. consecutive two (2) year period ; or is res ponsible for inflicting death or grievous b odily harm upon a human being, the City of Englewood may initiate a h earing in the Englewood Municipal Co urt p e titioning that court for a n orde r of destruction of t h at dog or cat. Notification will be given to the dog or cat owne r , as the nam ed responde nt. of the hearing date . place, and time no later than fifteen (15) days prior to the h earmg . This notice will be accompanied with information on which the hea ring is b ased . C . Except as otherwise provided herein, the hearing will be conducted in accordance with the provisions of Section l -10-1 EMC, ef liiRgle,,t1t11i l\ht1tieipsl CBlie Bf 2999 . notice and hearing procedures. The City of Englewood will have the burden of provmg the allegations by a preponderance of the evidence. The res pondent is e ntitled to be r e pres ented by counsel at respondent's expense and has the right to cross examine any witness called by the City, the right to present witnesses and evide n ce , a nd to testify or not. 6 • • I • 0 • ,,,.--· • ... • - D . The Municipal Court will determine at the hearing whether the dog or cat. because of its Vlcious propensities. presents clear or present danger to the safety of the citizen s of Englewood . When the dog or cat h as been t h e s ubje ct to t wo (2) co nv1 ct10 n s of attack not resulting in grievous bodily h a rm . or property damage of five hundred dollars ($500 .00) or more within a two-(2) yea r period. or 1t 1s r e pons1ble fo r inflicting death or grievous bodily harm upon a human being. there 1s a p r esumption the dog or cat has vicious tendencies and presents a clear a n d p r e e nt da n ger to the safety of the citizens of Englewood . This pres umpt10n ca n only be reb utted by clear and convincing evidence to the co ntrary. U p o n the co urt's determination t h at the d og or cat presents a clear or present danger to the safety of Englewood citizens. the court will order the City to destroy the dog or ca t forthwith . E. If the dog or cat is not confined bv the Citv in tke Engle .. eed .\nimsl 3kelter, the City may petition the Englewood Municipal Court for a forthwith order to confine the animal pending the outcome of the destruction hearing, and the costs of said confinement will be assessed by the Municipal Court at the termination of t h e hearing. Sectjon 12 Safety Clauses The City Council hereby find s, determines , a nd declares that this Ordinance is promulgated under the general police pow er of the City of Englewood . that it is promulgated for the health, s afety, and welfare of the public, and that tlus Ordinance is necessary for the preservation of health and safety a nd for the protect10 n of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be o btaine d. Sectjon 13 Severabjlity If any clause, sentence, paragraph. or part of this Ordinance or the application thereof to any person or circumstances s hall for any reason be adjudged by a court of competent jurisdiction invalid , such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons o r circumstances. Sect10n 14 Inconsjstent Ordjnances All other Ordinances or portions thereof inconsistent or conflicting with tlus Ordinance or any portion he reof are hereby repealed to the extent of such inconsistency or conflict. Sectjon 15 Effect of repeal or modificatjon The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release , extinguish, alter, mocW'y , or change m whole or m part any penalty, forfeiture , or liability , either civil or criminal. wluch shall have been incurred under s uch provision, and each provision s hall be treated a nd held as s till remaining in force for the purposes of sustaining any and all proper acuon s, s wts, proceedings . and prosecutions for the enforcement of the penalty , forfeiture . or liability, as well as for the purpose of s ustaining any judgment, decree , or order which can or m ay be rendered, entered, or made in s uch actions, suits, proceedings, or prosec utions. Sectjon 16 feD.11.UL The Penalty Provision of Section 1-4-1 EMC shall apply to each a nd every violation of this Ordinance. Introduced, read in full , and passed on first reading on the 6th day of August, 2001. 7 • I • 0 • • • . .. . •-" •• - Published as a Bill for an Ordinance on the 10th day of August, 2001. A Public Hearing was held on September 4, 2001. Read by title and passed on final reading on the 20th day of August, 2001. .. Published by title as Ordinance No.~ Series of 2001 , on the 24th day of August, 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 the Ordinance passed on final reading and published by title as Ordinance No.~ Series of 2001. Loucrishia A. Ellis 8 ) I • 0 • • ORDINANCE NO._ SERIES OF 2001 '• .. • • - BY A THORITY COUNCIL BILL NO . 37 11 TRODUCED BY COU:-iC IL i\fEMBER YURCHICK AN ORDINANCE AMENDI G TITLE 7, CHAPTER lA, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO THE NUMBER OF ANIMALS MAJNTAJNED AT A HOUSEHOLD OR PREMISES . WHEREAS, the current ordinance limits the number of arumals allowed to be maintained at one household or premises to two dogs and two cats: and WHEREAS , this amendment will set that number at four a nimals m a ny combination of dogs and cats; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CI TY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Segjon 1. The City Council of the City of Englewood. Colorado hereby amends Title 7, Chapter lA, Section 4 , of the Englewood Municipal Code 2000, to read as follow s : 7-lA-4 : Number of animals maintained on premises; license requirements . No household . place or premises may have more than~ four (4) dogs or c:its over six (6) months of age without first having procured a City hobby breeder' license as hereinafter provided . These four {4) animals may be m anv co mb1nat1 on . By way of example: a household may have three (3) dogs and one Ol cat or anv othe r combination of dogs and cats so long as the total number does not exceed four (4\ animals . A City hobby breeder's license shall not be required where the place or premises are currently licensed as a pet shop or boarding kennel , pursuant to section 12-57-101 et seq. C.R .S . 1973 .. 'di het1sehel!ls 11resent.1, e mng three (3) !legs 8r eats ii ithettt a hehh, hree!ler's lieense ma, maintllm the wee (3) !legs er eats et1rrent1, eii ne!I httt shall. net maintain mere than tii e (a ) !legs er eats ttisen the !lead, er less 8f 8 ii nershiis ef ene 8r m8re 8f the ettrrentl) 8, ne!I three (3) !18gs 8r ~ Section 2 Safety Clauses The City Council hereby finds. determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood , that it is promulgated for the health , safety , a nd welfare of the public, and that this Ordinance is necessary for the preservauon of hea lth and safety and for the protection of public convenience and welfare . The City Co uncil further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. -1- • 11 b ii I • 0 • • • ,,,.-- • .. • .. .. • - Sectjon 3 Seyerabj)jty lf any clause, sentence. paragraph. or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. 5ection 4 lnron1i1U:nt Ordinances All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. $ection 5 Effect of repeal or mgdjficatjon The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release , extinguish, alter, modify, or change in whole or in part any penalty , forfeiture , or liability, either civil or criminal , which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits. proceedings, and prosecutions for the enforcement of the penalty, forfeiture. or liability, as well as for the purpose of sustaining any judgment, decree , or order which can or may be rendered, entered, or made in such actions. suits, proceedings, or prosecutions. Sectjon 6 fmaltx. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance . Introduced, read in full, and paased on first reading on the 6th day of August, 2001. Published as a Bill for an Ordinance on the 10th day of August, 2001. A Public Heanng was held on September 4, 2001. Read by title and passed on final reading on the 20th day of August, 2001. Published by title as Ordinance No ._, Series of 2001 , on the 24th day of August, 2001. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis. City Clerk -2- • ~ .. .. • I 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 the Ordinance passed on final reading and published by title as Ordinance No .~ Series of 2001. Loucrishia A. Ellis -3- ) I • 0 < • ORDINANCE NO . ..52- SERIES OF 2001 • • - BY A THORITY COUNCIL BILL NO . 53 INTROD UCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE VACATING A PORTION OF THE RIGHT-OF-WAY LOCATED IN THE 2400 BLOCK OF SOUTH PECOS STREET BY THE CITY OF ENGLEWOOD , COLORADO. WHEREAS, the Right-Of-W ay for the 2-100 block of South Pecos Street co n sists of a thirty foot (30') Right-Of-Way in Englewood a nd a thirty foot (30 ') Right-Of-W ay in Denver; and WHEREAS , the City of Englewood received a r eq uest for vacation of the Englewood Right-Of-Way in the 2400 block of South Pecos Street; and WHEREAS , the Right-Of-Way currently serves no purpose for the movement of traffic in the area ; and WHEREAS , the subject Right-Of-Way a nd adjace nt areas were an ne xed to the City of Englewood in 1957 and are zoned 1-2 . General Industria l Di strict; and WHEREAS , the City of Englewood passed Resolution No. 101 , Series of 1997 , authorizing the vacation of the Right-Of-Way under three conditions; and WHEREAS , the Englewood Departme nt of Public Works has indicated that two of the three conditions have been fulfilled ; and WHEREAS , the third co ndition , the retaining of a thirty foot (3 0') utility and drainage easement contaming the existing water and sewe r lines will be completed with the passage of this Ordinance ; and WHEREAS , the Englewood Planning and Zoning Co mmission reviewed the vacation of the Right-Of-\\ ay of the 2400 block of South Pecos Street at their April 8 , 1997 meeting and recommended said vacation at that meeting; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCI L OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section l. The City Council of the City of Englewood , Co lorado hereby vacates a portion of the Right-Of-Way in the 2400 block of South Pecos Street retaining a thirty foot (30 ') utility and drainage easement for the existing wate r and sewer lines as shown on attached Exhibit A. Introduced, read in full , and passed on first reading on the 6th day of Augus t , 2001. -1- . ' 11 b iii I • 0 • • • • - Publis he d a s a Bill for an Ordi n an ce on the 10th day of Augus t., 2001. Postponed until September 4. 2001. Read by title and passed on final reading on the 4th d a y of September, 2001. Published by title as Ordinance No .~ S eries of 2001 , on the 7th day of Se ptember, 2001. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, here by certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. ~ Series of 2001. Loucrishia A. Ellis -2- . ' I • 0 ,,-. • ... •• - LEGAL DESCRIPTION VACATION or A PORTION OF 2400 s. PECOS ST. A VACATION OF A PORTION OF THE 2400 BLOCK OF SOUTH PECOS ST ., LOCATED IN THE SOL'THWEST 1/4 OF SECTION 28, TOWNSHIP-+ SOUTH. RANGE 68 WEST OF THE 6TH P .M ., ENGLEWOOD, COLORADO. COMMENClNG AT THE NORTHEAST COR.'\iER OF LOT 8, DOW'NEY SUBDIVISION ; THE'.'JCE SOUTH AND ALONG THE EAST UNE OF SA1D LOT 8, A DISTANCE OF 43 FEET TO THE TRUE POINT OF BEGE\l""NlN G ; THENCE EAST AND PARALLEL WITH THE NORTH L~'E OF SAID LOT 8. A DISTA:-JCE OF 30 FEET TO A PONT ON THE E . .\ST LINE OF THE SOCTHWEST 1/4 OF SAID SECTION 28; THENCE SOLi TH A.\/D ALO~G THE EAST L[i',i'E OF THE SOUTHWEST II -+ OF SECTION 28. A DISTA:S.:CE OF 51 6 .1 FEET TO . .\ PONT 73 FEET NORTH OF THE SO THEAST COR.'iER OF THE ;:-.iORTHEAST 1 4 OF THE SOUTHWEST ONE-QUARTER OF SAID SECTIO:S.: :2 ; THE'.'JCE WEST A."'U P . .\RALLEL WITH THE SOCTH LNE OF LOT 9 , DO\V:S.'EY S LBDIVISION, A DISTANCE OF 30 FEET TO A PONT o:--; THE EAST Ll:\E OF SAID LOT 9, S . .\ID POINT LIES -B FEET NORTH OF THE SOLiTHEAST COR.'-.'ER OF LOT 9; THE~CE i\iORTH A~U ALO 'G THE EAST LN E OF LOTS . .\'.\.TI 9. A DIST . .\.'\CE OF 51 0.l FEET TO THE TRUE PONT OF BEGr.-->iI:,.;G , C O~TAND:G 0 .36 ACRES. MORE OR LESS . RESERVl:\G A 30 FOOT UTILITY A.'>IU DR..\l:\AGE EASE'.\I E~T N THE V . .\CATED P . .\RCEL Survevor's Statement l. Davi d L Henderson , a registered Professional Land Surve:or in the State of Colorado, do h.:rb y state that this Legal Description and the attached Ex hibit \\<ere pre pared under my direct supervision and on the basis of m y knowledge , informatio n, and belief, are correct. The attached Exhibit does not represent a monumented land survey, and is only to depict this legal description . Dated Jul y 31 , :2001 • E X H I B I T A 0 . , I· 0 • • • ,..-··--- • .. •• - VACATION OF PORTION OF 2400 S. PECOS STREET LOCATED IN SW1 /4 OF SECTION 28, TOWNSHIP 4S, RANGE 68W OF THE 6th P .M. W. Wesley Ave 75 _00· I 75 _00· 6 7 11 10 I 75 00' 75 00' 72.74' g\ 8 "' ~ 3000' 9 8 ' .1 729Z ~, W Harvard Ave SE CORNER OF NE 1/4 OF SW 1/4 OF SECTION 28 / Point of Beginning 100 0 1"=100' Drawn by · Larry Nimmo Date · 7.31 .2001 ... ' 0 100 I· 0 • • • .,,-. • .. .. • • VACATION OF PORTION OF 2400 S. PECOS STREET LOCATED IN SW1/4 OF SECTION 28, TOWNSHIP 4S, RANGE 68W OF THE 6th P .M. W. Wesley Ave 0 "" 75 .00' 6 11 7500' 72.74' 8 \ M I " 3000' 7 8 Downey Subd ivi sion I v; ~ "' ;;; ~ Cl. rJl 10 9 ~i I 7500' 7500' 7291 .,., W. Harvard Ave ?l SE CORN ER OF NE 1/4 OF SW 1/4 OF SE CTION 28 Po int of Beg inning ~ <Ci ;;; 100 I ;'.J ,...... I '-' I ._, 0 1·=100· Drawn by : Larry Nimmo Date : 7-31-2001 • I 0 0 I . 100 • • • - r~~ Arthritis Foundation• We Need Your Help to Raise $8,400 for the Arthritis Foundation Heather Hunt Paige Bradshaw • We are running a marathon in honor of Heather's aunt and uncle and Paige 's father to benefit the Arthritis Foundation. • We each must raise $4,200 by September 19th to be eligible to run the marathon on December 9 , 200 I . • The money goes to benefit the Arthritis Foundation which pays for researclt, education and the ultimate goal of a cure for Arthritis. • There are over I 00 kinds of Arthritis which includes Lupus and Fibromyalgia . • Heather and Paige are also benefiting from raising money for a good cause and the challenge of running 26.2 miles in honor of our family members! • We need your help to meet our financial goals. www.arttvitis.org - I· 0 • • • ... • • t-'f'.i 16 b 1a,e_1-1 D5 H-mv 4-{.ka-fhO" 'fr(,{ef {Ji_ . . SPONSOR FORM ~~""=-::lr, .:.. I .... ...._o,.,_,.... ..... 71Auw~, YES! Arthritis Foundation· I will 1,e/p yo11 figl,t artl,ritis. Participants Name : I will donate$ ___ for each mile of the 26.2 mile Honolulu Marathon for a total donation of$ ___ _ (All ,/011ntio11s n,·e to be recei,-ed by the Arthrills Fo111ult11io11 hy October 29. 1001) SI/mile = $26 $2/mile = $52 $3/milc = $78 $6/mile = S 156 SI 0/mile =$260 Other Amount $ _____ _ _ Check enclosed (Pay to : Arthritis Foundation) MC VISA Card#:------------------- Cardholder Name:--------------- Expiration Date : __ \ __ \ __ _ My company will match this contribution . The completed fonn is attached . Name : Address : City/State/Zip+4 : Phone : (h) (w) Dat e : Signature :--------------------- l{cturn to participant or mail to : Arthritis Foundation 2280 So. Alhion Street, Denver, CO 80222 • • I 0 • .. 0 C, I • 0 • • • -• • • -' Lou Ellis Ob/27, _oo 1 0 4 _j~ PM To : Brenda Castle/City of Englewood@COE, Mary White/City of Englewood@COE cc: SubJect : Fwd : Leash laws ----------------------Forwarded by Lou EIits/City of Englewood on 08/27/2001 04 ·3 2 PM Leigh Ann Hoffhines ~~ .oillllllll 08/27/200112:23 PM ... To: Dan Brotzman/City of Englewood@COE , Gary Sears/City of Englewood @COE , Nan cy Re1d /C1ty of Englewood@COE cc: Lou Ellis/City of Englewood@COE , Nancy Fritz/City of Englewood @COE Subject : Fwd : Leash laws The following e-mail was forwarded by Council Member Wolosyn from resident Cin dy Scott . Dan --Olga wanted to make sure you got a copy ... Thanks, LA ----------------------Forwarded by Leigh Ann Hoffhines/City o f Englewood on 08/27/2001 12 :16 PM ~ BARKDIIN@aol.com on 08/27/200110:05 :52 AM To : Le igh Ann Hoffhines/City of Englewood @COE cc : SubJ ec Fwd : Leash laws t : Return-path : < HydroGeoCS@aol.com > From: HydroGeoCS@aol.com Full-name: HydroGeoCS • , . I • 0 • • -• • •, • - Message-ID : < 11f.3a641da.28b91f82@aol.com> Date: Sat, 25 Aug 2001 11 :34 :26 EDT Subject : Leash laws To : Clthome@peakpeak .com (chris), HydroGeoCS@aol.com, ARFMEOW @aol.com, dmaly@bfcden .com (doris), kdunlavy@cvmbs .colostate .edu (Kerry), frostyliesl@worldnet.att.net (liesl), born2moo@peoplepc .com (Lindsey), Lynn .Morgenthaler@eds .com (Lynn), mxmelly@hotmail.com (mary), plasky @bema i l.com (paula ), sbarnum@carbon .cudenver .edu (Sarah ), Sharp@torpedo .dragonwi nd .net, sharpcommunications@earthlink .net (Kristi ne M.), sbrown@aorn .org (sue ), Caro l.Vaughan@UCHSC.edu (Vaughan), ehicks @ddfl -po.org (Elaine), kmuhovich@ddfl-po.org (Kerry) CC: Bev5165@aol.com, BARKDIIN@aol.com , jgrazulis@ci.englewood .co.us MIME -Version : 1.0 Content-Type : text/plain ; charset="US-ASCII " Content-Transfer-Encoding: 7bit X-Mailer : AOL 5 .0 for Windows sub 138 To all, I'm wondering if anyone can point me to recommended word i ng for a leash law . The City of Englewood is in the process of rev ising its leash laws . The leash law currently conta i ns a clause which allows dogs to be off leash "unless such dog is under the reasonable control of such owner or person ". Sadly (in my opinion), they intend to delete that clause . My major concern is that what they propose to replace it with reads as follows (Title 7 , Chapter lA of the Englewood Municipal Code 2000): "A . Dogs at large -It shall be unlawful for any owner or person hav i ng the care , custody , and control of any dog to allow such dog to run at large i n the City . For the purpose of this section, a dog shall be deemed to be running at large when off or away from the premises of the owner, posse ssor or keepe r thereof and not on a leash held by a person able to control the dog ." There do not appear to be any exceptions to this defin it ion of "Dogs at large". At the very least, it seems to me that such a law would have to make an exception for enclosed private property with the perm iss ion of the owner, and allow for publicly sanctioned events on public property . As it is worded, it appears to me that the following are proh ibited : -Dogs off leash in the backyard of a friend, with owners present and superv ising -Dogs off leash, even if crated, anywhere except on owners property -Dogs in cars, even if using doggie restraint systems or crated, unless the owner (probably the driver) is actually hanging onto the leash -Doggie daycare facilities, unless they hire enough employees to hold onto, and untangle, all of those leashes -Dog or cat boarding fac ilities, unless they hire enough employees to hold onto , and untangle, all of those leashes, 24 hours a day -Veterinary treatment, unless someone is holding onto a leash -Any type of dog demonstration, competition, or training that requires dogs to be offleash, even when held indoors on private property I • 0 • • • Any suggestions? Scott i ••• .:r-· • •• - Cindy •, • ' I • 0 • I • • ... . . . .... --· • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL TUESDAY, SEPTEMBER 4, 2001 7:30 P.M. Englewood Civ ic Center 1000 Englewood Parkway Englewood, CO 80110 1. Call to o rde r. 1 : iJ. :)- 2. In vo ca tion . ~ 3 . Pledge of Allegiance . "t) ~ J)::~ 1/1 \yo 7~ ' ,p Roll Call. • W /.1 p 4 . SM~) ~µ~ o~\ Va. Minutes from the meeting of Regular Ci ty Coun c il Meeting o f August 20 , 2001. {p' 0 6 . Scheduled Visitors . (Please limit your presentation to ten minutes.) Paige Bradshaw and Heather Hunt w ill be pre sent to address Ci ty Counci l regarding the upcoming Arthritis Foundation Marathon . 7. U n scheduled V isitors. (Please limit y our pre sentation to fi ve minutes.) 8 . Communication s, Proclamations, and Appointment s. p ic Hearin g ;fk./'1j A public hearing to gather input on Council Bill N o . 36 . a mendin g Title 7, Chapter · ';1 , 1 A of the Englewood Municipal Code pertaining to dogs and cats . b . A public hearing to gather input on Council Bill No. 3 7, amend ing Title 7, Chapter . '6 cflylY ~:i~:;~:!na~l:~~~~e~~~i~:;~;,:::.ertaining to the number of animals If'/ p3 :;).{. ) I . 0 ,,-·· • .. .. • - [ngl e"ood City Coun ci l Ag end.t Se ptember 4. 2001 PJ ge 2 10. Consent Agenda. a. Approval of Ordinances on First Reading. i. y COUNCIL BILL NO. 56 -Recommendation from the Department of Safety Services to adopt a bill for an ordinance accepting a Highway Traffic Safety Project Grant from the Colorado State Department of Public Health and Environment in the amount of $4,200 . STAFF SOURCE: Chris Olson, Diredor of Safety Services and Lieutenant Steve Knoll. -1/D ii. COUNCIL BILL NO. 57 -Recommendation from the Department of Publi c Works to adopt a bill for an ordinance accepting the dedication of 2:! square feet of right-of-way at 2001 W . Baker Avenue. STAFF SOURCE: Ken Ross, Director of Public Works. b. Approval of Ordinances on Second Reading. ~~ f/J i. ;~61 ii. Council Bill No. 54, accepting an Enterprise Zone Marketing and Admini str ation Grant from the Colorado Department of Local Affair s. Council Bill o . 55 , transferring the former City Hall property to the Englewood Environmental Foundation. c. Resolutions and Motions. i. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by motion, an Engineering Contract for the first phase of an Infiltration/Inflow Stud y for the wa stewater collection system tributary. Staff recommends awarding the c ontract to Camp, Dress er & McKee in the amount of $99 ,529.00 . STAFF SOURCE: Stewart H. Fonda, Utilities Director and Marl< Van Nostrand, Senior Project Engineer. 11 . Regular Agenda . a. Approval of Ordinances on First Reading . 0o _o,,u{lfl ,.,di . 9-<. /}J '!"' fjJ_().f'J:,. . Approval of Ordinances on Second Reading. • /t0. ,.) .~ / l ~,, •'. ).f i. Co,ocil Bill No 36, amending l1tle 7, Chapte, 1 A oft he Englewood _ f1V" Municipal Code pertaining to dogs and cats . ii. Council Bill No. 3 7, amending Title 7, Chapter 1 A of the Englewood /J . Municipal Code pertaining to the number of animals maintained at a e l household or premises. ,~ .. ~! 6J'iii. 11 ~Council Bill No. 53, vacating a portion of •'>">right-of-way located in the 2400 \._ o~i~u~~ , I u~lock of South Pecos Street. <(:..vr, ~,S.S. fi'1 ~\(p,-0 I /0:.S{) Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at le•t 48 hours in advance of when services are needed. Thank you • -• • 0 I· 0 • • ---• l •,. L • -' Eng lewood Ci ty Council Agenda Se plember 4, 2001 Page 3 c. Resolutions and Motions. 12. General Discussion . a. Mayor's Choice . b . Council Members' Choice. 13. City Manager's Report. 14. City Attorney's Report. Adjournment. The following minutes were transmitted to City Council between Augu st 17 an d 30 , 2001 : Keep Englewood Beautiful meeting of Jul y 10, 2001 Englewood Planning and Zoning Commis sion meeting of Jul y 17, 200 1 Pleae note: If you "-a tlaallllty • need ..a.y lidl or aemmt. plule notify the City of Englewood (303-762·2405) at INlt 48 hoan In..,_ alWMII ...._ -needed. Thank you. .. ~ ... ~ ,. • ) I . 0 X ' . 0 -... I· • • .. • - 0 • • I . 0 • • • -• - • • I· 0 • •,, • • - • • I . 0 -. • • • • ~IG CYJ~ /~ r~~ • . . I . 0