HomeMy WebLinkAbout2001-10-01 (Regular) Meeting Agenda Packet-
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Regular City Council Meeting
October 1, 2001
Ordinance II J5. ;,(: 57, 58, 59, 60, 61, 62, 63, 64, 65
Resolution 0 Ji, (i, f 73, 74, 75, 76, 77, 78, 79
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I . Call to Order
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY. COLORADO
Regular Session
October I. 2001
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The regular meeting of the Englewood City Council was called to order by Mayor Bums at 7 :30 p.m.
2. Invocation
The invocation was given by Mayor Bums.
3. Pledge of Alleglann
The Pledge of Allegiance was led by Mayor Bums.
4 . Roll Call
Present :
Absent :
A quorum was present .
Also Present :
Council Members Garrett, Bradshaw. Wolosyn, Yurch1ck , Bums
Council Members Nabholz, Grazulis
C ity Manager Sears
Cny Attorney Brotzman
Deputy City Clerk Castle
Deputy City Clerk White
Director Fonda, tilities Depamnent
Golf Operations Manager Spada
Senior Manager Dannemiller, Community Development
Director Gryglewicz, Finance and Administrative Services
Director Black. Parks and Recreation
5. (a) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF
SEPTEMBER 17, 2001.
Ayes:
Nays :
Abstain :
Absent:
The motion carried.
6 . Scheduled Visitors
Council Members Garrett, Bradshaw, Yurchick , Bums
None
Council Member Wolosyn
Council Members Nabholz, Grazulis
(a) Littleton School Board Member Diana Holland discussed Developmental Pathways ·
..Campaign to Help ." She came seeking Council's suppon for a propcny tax to benefit people with mental
retardation. Families who are very committed to keeping their son or daughter at home are struggling a
great deal , she said. They are aging and not able to care for them, since many need help with toileting,
feeding or being carried and lifted . Many of these aging families now need services, and cannot get them
because of lengthy waiting lists . Tonight, we have come to you to tell you how the mill levy would work
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and how much it would cost. John Meeker, Executive Director of Developmental Pathways , is here to
share that information, she said.
John Meeker stated that he would try to run through the overhead presentation quickly . He advised that
Council wo uld see a few drawings here, and they are important . They are done by a woman named Martha
Perske , who is known internationally because of her extraordinary ability to capture the individuality and
humanity of people with disabilities . Frequently, when we see people with disabilities, we see th e
disabilities first , and not th e person, he said, but she has done a marvelous job of capturing their humamt y.
Mental retardation is a lifelong condition. with an IQ below seventy . acquired during th e developmental
years, birth through twenty-one . The more common things you ha ve heard of include CP, Down
Syndrome , and autism. Often it is accompanied by serious physica l disabilities th at impair functions , hk e
talking, eating, walking, toileting, and their care can be very intense . In 19 63 , he advised. Co lorado
authorized the allocation of state and federal funds through a multi-count y based sys tem of local. non-
profit, community-centered boards. In that law , it allows a county to assess a property tax not to ex ceed
one mill for s upporting peo ple with mental retardation . Arapahoe and Douglas counties are curre ntl y th e
only metro area counties without any mill levy dedicated to thi s purpose . C urrentl y, due to rapid
population growth in these counties, s upport for person s with mental retardati on has fa llen far below need .
We have elderly parents increasingly unable to care for their adult children, and dealing wtth alannmg ly
rapidly risi ng costs. This is particularly evident in the area of being able to compete for emp loyees . Mr.
Meeker said his organization has more than a s ixty percent turnover rate , and a lmo tall of th e people wh o
leave say that one of their three top reasons for leav ing is they simply can not earn enough to su pport
themsel ves or a famil y. The state has long recogni zed the funding cnsis, but they have not been able to do
anything about it , basically because of the TABOR limits . We feel thi s initt attve 1s very mu c h 111 tun e '"th
TABOR, he sa id , which will be explained later. He said he would no t go through all th e figure on the
table , which he was showing on the screen, but the key figure to look at 1s the middle box . peo pl e wa1t1n g
for help . We ha ve over 1,000 people in Arapahoe County and nearl y 400 in Douglas County, and the vast
majority of these are familie s with children. Many ha ve very yo un g cluldren. for whom help 111 the ea rl y
deve lopmental yea rs is absolutely pivotal , he advised. With the funds from the one mill levy. we are
hoping to do several things . The first one reall y e mphasizes the fundamental purpose of thi s campaign. and
that is to help families to stay together and keep thei r c hildren in the home. Out of home placeme nts arc
not only very expensive, but they are also not good for the kids or the adults . Most of the adu lt s whom" c
serve want to work, so we help them find jobs . We pro vide extensive senior daycare , with five s ites that
serve both the regular senior population and people with developmental d1sabilit1cs as well. Aga m. the
purpose of that service, to a large extent, is so that family members can continue to care for their elderly
and aging family members at home , he said. The infants and toddlers waitmg hst 1s huge, and it 1s
important that we have the existing network. Pathways is a Commun ity Cent ered Board through whi ch the
funds fl ow, but we contract with more than forty other agencies and more than 100 independent
contractors, he sai d, so we are by no means the provider that provides all th e services, we are s impl y the
vehicle. Regarding specific uses o f fund s, number one, of course, is for persons on the waiting li sts . We
really need to deal with that and th e waiting li sts are huge . It is important to mention that , because of
TABOR limits , the state simply is not able to fund it. We also feel that this approach is ve ry consistent
with TABOR, because TABOR was designed to limit the authority of the legis lature to appropriate funds
and require them to tum to the voters when there was a need, and that is exactly what we are doing in thi s
case, he said . The next three areas are, basically, infrastructure issues, s uc h as recruitment and retention of
s taff. Our people need housing and we need to ha ve more assisted living options . Affordable hous ing is
very difficult for our people to find , he said, and people with mental retardation do not drive, so assisted
transponation is ve ry essential to their being able to participate in th e community and to hold jobs. We
need a property tax now because th e needs of county residents are going to continue lo outpace sta te and
federal resources, partic ularl y in our two counties , which have seen s uch remarkabl e growth. We know
from dealing with our families every day that the y want to keep their aging children or si blings at home .
They do not want to place them in group homes or institutions, he said , and there is a financial issue there,
as well. Placements out of the home are far more expensive. Another thing that we are proud of, he said, is
that we are covered by a state mandated and state contracted audit from an independent firm, and our
administrative rate is only seven percent, and ninety-three cents of every dollar goes directly to services .
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We are very proud of that , he said. It is a proven system, and one of the things that has encouraged the
commissioners in supponing thi s is that they have a vehicle that can effectuate the change that could come
about with the mill levy. Here is one family's story, he raid . A severe genetic condnion wnh no sympt oms
until three children were born , all of whom are now in their twenties and thin1e s and require total care ,
24/7 . The parents were determined to keep these kids at home. although most kid s like thi s were . at that
time , placed in institutions . In -home suppons are provided so the parents can work and maintain a strong.
loving family , and the cost of those services for all three is about $63 ,000 .00 a year. If the y were in one of
our group homes , he advised, and we do have group homes for kids with this serious need . the co st would
be $264,000.00 a year . If they were in one of the state regional centers. the cost would be $442.000.00 a
year, so it gives you an idea for the economic basis for wanting to keep people at home . A vast majorit y o f
our families may be able to receive only a few thousand dollars a year in servi ces. Thi s is an exceptional
case, obviously, with three totally disabled individuals . The annual cost to propeny owners is modest. he
assened, less than $25.00 on a $250.000 .00 home . The analogy we give 1s, if you can go out for dinner on
$20.00, it is about skipping one dinner that you would go out for , and it is a very mode st cost and a
reasonable thing to ask taxpayers to do, given the incredible benefit that will come from it. Accountabilit y
is critical, he said. We have oversight by the county corrunissioners and we have a grant in Arapahoe
County. We already have detailed budgets and reponing that we have to do to the county. Obviously. we
are non-profit agencies, he said, and we have volunteer board members . Many of our board members are
parents, so they hold us to a very high standard, in terms of making sure the money is used effectivel y. We
have the annual state audit that was mentioned earlier, and we also have program audit s by the Depanmem
of Human Services and by Medicaid , for every single service that we do, he explained . Finall y, families
and guardians are the ones who hold us truly accountable. This can all be done without the creation or
expansion of any governmental agency, which we feel is an imponant feature of our approach , he said . We
have , in Arapahoe and Douglas Counties , the network of competent service agencies that can make this
happen . Tax monies collected in Arapahoe County are used only for Arapahoe County residents. and the
same thing for Douglas County. We are very. very careful about that, in terms of our accounting for fund s.
This 1s how you can help . One of the reasons we came here tonight is that you have all received our
opinion leaders' packet . You are people who are likely to be asked about this. he said , becau se of the
positions you are in . In addition to your vote, which we hope you will grant us, we want you to share th e
issue with your friends and neighbors . If you have groups that you think we could go before . and make thi s
presentation, we would love to hear about them, he said . We are going to have a big event on Saturday, a
yard sign event, in dcKoevend Park . We will be distributing over a thousand yard signs and we will have a
lot of our families come, and we hope to get some media attention . It should be a lot of fun . and we would
like to invite you all to come to that , he said . You should receive a post card on it, but, in case you don 't. it
will be at deKoevend Park at I 0 :00 a.m. This is an excellent opponunity to get a sense of who we are and
what we do , because we will have a lot of families there. The election, as you know, is on November 6'h
and will be a mail-in ballot . That complicates the campaign a little bit, because instead of targeting
Election Day, you have a month-long period to try and figure out how to communicate with people, but we
have been working very hard on it. The success of this campaign will depend on how well we do in the
grass roots. It is a grass roots campaign, and we have to gel people out there with yard signs , talking to
neighbors, and making telephone calls . We feel it is an incredibly imponant step for our county to take , in
terms of both addressing the waiting list that we have , and addressing issues of quality of services , he said .
Turnover is a huge issue, he emphasized . If you are a family who has a mentally retarded child in a
program, and the staff is constantly turning over, that is very difficult for that individual to deal with .
Continuity is imponanl in their lives, so one of the things we hope to do is simply get to a competitive
position. We are not going to be making people rich because we are a non-profit, but we would at least hke
to be able to fill our positions with people who have some qualifications and are interested . He asked if
Council had any questions .
Council Member Bradshaw asked Mr. Meeker if he had said Arapahoe and Douglas Counties are the onl y
counties that do not have this. Mr . Meeker said yes , the only counties without a mill levy . Ms . Bradshaw
asked him ifhe knew the history on that, although it does not matter, since we desperately need it. Mr.
Meeker said their philosophy has always been that going for the mill levy is a last reson and we need to be
at a point where we simply can not manage with existing resources, and we have definitely reached that
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point. We actually reached that point a couple of years ago. but makmg the decision to actually try to do a
campaign is difficult. It used to be that you could go to the county conunissioners. which ,show 11
happened in the other counties . If you could convince three conunissioners, the y co uld give you the mill
levy. But now, it requires a direct election.
Mayor Bums thanked them for coming and "~shed them good luck .
7 . Unscheduled Visitors
(a) Cindy Scott, 3063 South Fox Street, expressed apprec1a11on for bemg abl e 10 address
Council again. She said she would like to talk about dogs and ca t . although she 1cah 7e d the ) ha"e alread )
heard a great deal of public input on this issue. so she would try 10 be bnefand not repeat her elf She
asked Council to think carefully about how they vote on the couric,I b,11 that are commg up he urged
adoption of Council Bill No. 37, amending the number of animals allowed ma hou,eho ld O ne of the
reasons she returned, she said, is that Denver and Lmleton both penrul three dogs per ho u e hol d. and her
impression is that this is basically the norm. For a great many people. dogs are ,mpl) a pan of the fanul ).
and making a choice between the dogs is trul y unacceptable . She asse ned th a t. ,f he "ere ma ro-i11 o n of
moving to Englewood, and was aware of the regulation, because he felt most people nuke th e ass umpti on
that it is three, then she would not move here . There was a shon penod, she said ." hen he had th ree d og .
because her mother was not able to care for her dog anymore, so she had no c ho ice but to take 111 her dog
There are a lot of reasons that you can end up with extra dogs. Veterinary care, mu ch be ner than II used
to be, she said. Dogs used to have a life span of eight to ten years . and when the y got o ld . )O U put th e m 10
sleep. That is not true anymore, and they may be geriatric for three to five years. she a,d. In that time. a
lot of people are going to want to replace the dog. Ms. Scott said she is involved m organized do g a tl\·11,cs
about three times a week , it is a big pan of her life . When a dog gets old. and is not able to go out. 11 ,s no t
acceptable to dispose of the dog, but in order to continue my way of life , I would replace the dog. she sa,d
She said she does agility, which all dogs are not suited for. There are a lot of reasons, she repeated . that
you nught end up with extra dogs. They may be calling up a lot of people to go overseas m the 1111h1ar).
and people have pets and will be looking for people to take in their pets. It is not servi ng the pubh , she
opmed, 10 make those kinds of activities illegal. She said she volunteers at the Dumb Fnend League, has
worked on the behavior help hne, and is teaching obedience out there now. so she knows there arc a 10 1 of
problems. A lot of sad stories come through there, as do a lot of good stories. The technology of d og
training and correcting behavior problems is way beyond what it was before . The trend , that dog are
more and more a pan of the family, so, she said, she would hate to see Council adopt an ordinance hke th,
that really goes back to the I 960's and is overly restrictive . Also, she said she would hke 10 go ba ck 10 th e
leash la". he said she agrees that the leash law needs to be revised . Reasonable control really does not
give the C,ty en ugh authority to correct the problem behaviors. The way it is worded in th, bill goes ba ck
10 the 1960's. It is standard wording, but she did not feel it is adequate. he s uggested that ounc,1 ado pt a
leash law that includes a provision for voice and sight control, and s pecify what 1·0,ce and 1gh1 contro l
means . ,ght control means they are always within your sight . and voice con1rol means they come
promptly when you call them and don 't chase wildlife . They do not go up to other people wnhout
penrussion, the y can sit down or stay at a di stance , and they are anent1ve to the owner/handler at all 11111e s .
This is very specific and very hard 10 meet , she allowed. Admittedly, most dogs, and most people . do not
have any business being off leash in most places, she said. but she felt that a regulation hke thi s "ould be
more enforceable, make more sense to people and also gives the leeway of dealing w11h sit uation where it
is appropriate. She said she was here for pan of the public hearing and listened to the woman talking about
taking her dog out to the greenway, where nobody was there , to pla y ball . Dogs can not play ball on leash
and not everybody has a yard where they can exerci e them, and Ms. Scott did not feel II would serve the
public good to prohibit that kind ofac11v1ty. he said the Dumb Friends League has the behavior help line ,
which was voted the best free service. and gl\es excellent service in correcting behavior problems. They
also have a website and handouts.
Mayor Bums advised that Ms. Scoll was gemng close to h r time hmll .
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Ms . Scott concluded that she hoped Council would think carefully about these bills , and she urged them not
to adopt something they were not ..,.,jlling to enforce . She hoped there would be no pet Gestapo out there
that would go around knocking on doors .
Mayor Bums said no , we are not going to be the pet police. He thanked Ms . Scott and expressed
appreciation for her interest.
Mayor Bums asked if anyone else would like to speak . There was no response .
8. Communications. Proclamations and Appointments
(a) A proclamation declaring the week of October 7 through 13 , 200 I as National Fire
Prevention Week was considered .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED , TO APPROVE A
PROCLAMATION DECLARING THE WEEK OF OCTOBER 7 THROUGH 13, 2001 AS
NATIONAL FIRE PREVENTION WEEK.
Ayes:
Nays :
Absent :
The motion carried.
Council Members Garrett , Bradshaw, Wolosyn , Yurchick. Bum s
None
Council Members Nabholz . Grazulis
Mayor Bums said there were people present to accept the proclamation and he would like to recognize
them. We do a lot of prevention in our fire department as well as suppression. and our fire depanrnent
personnel arc very active in that area . It is a special time to recognize the dedication of our fire and police
employees, due to the recent events in this country . He expressed appreciation for all they do and for the
sacrifices they make in the way they actually lay their life on the line for us . Mayor Bums asked the
firefighters to come forward to accept the proclamation.
Banalion Chief Brian Bruns came forward with firefighters Larry Nylander. Ed Lebeau , Mark Jacobson ,
Andy Fox and Scan Mulvihill . He said they were happy that Council took the time to present the
proclamation, and to recognize them . He thanked Council.
(b) A proclamation declaring the week of October 21 through 27 . 2001 as World Population
Awareness Week was considered.
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION DECLARING THE WEEK OF OCTOBER 21 THROUGH 27, 2001 AS
WORLD POPULATION AWARENESS WEEK.
Ayes :
Nays:
Absent:
The motion carried .
9 . Public Hearin&
No public hearings were scheduled .
10 . Consent A&enda
Council Members Garrett, Bradshaw, Wolosyn , Yurch1ck, Bum s
None
Council Members Nabholz , Grazulis
COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (a) (I), (II), (Ill), 10 (b) (I), AND 10 (c) (I) AND (II).
(a) Approval of Ordinances on First Reading
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(i) COUNCIL BILL NO . 61 , INTRODUCED BY COUNCIL MEMBER
GARRETT
A BILL FOR AN ORDINANCE AMENDING TITLE I, CHAPTER 7. SECTION 2: TITLE I , CHAPTER
7A, SECTIONS 14 AND 15, OF THE ENGLEWOOD MUNICfPAL CODE 2000 PERTAINING TO
JURISDICTION , POWER.
(ii) COUNCIL BILL NO. 63 , INTRODUCED BY COUNCIL MEMBER
GARRETT
A BILL FOR AN ORDINANCE APPROVING AN ENCROACHMENT PERMIT AND INDEMNITY
AGREEMENT PERTAINING TO A RETAINING WALL AND FE 'CE l THE PUBLIC RIGHT-OF-
WAY.
(iii) COUNCIL BILL 0 . 64 , INTRODUCE D BY CO NCIL MEMBER
GARRETT
A BILL FOR AN ORDINANCE AUTHORIZING AN I TERGOVERNME TAL AGREEMENT
"TRANSFERS OF WATER SERVICE" FOR TRANSFERS OF WATER SERVICE BETWEEN TH E
DENVER BOARD OF WATER COMMISSIONERS AND THE C ITY OF ENGLEWOOD ,
COLORADO.
(b) Approval of Ordinances on Second Reading
(i) ORDINANCE NO. 55 , SERIES OF 2001 (COUNCIL BILL NO . 60,
INTRODUCED BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE AUTHORIZING A THlRD AMENDMENT TO A AGREEMENT FOR
CITYCENTER ENGLEWOOD BETWEE THE CITY OF ENGLEWOOD AND RTD.
(c) Resolutions and Motions
(i) RESOLUTION NO. 69 , SERIES OF 2001
A RESOLUTION APPROVING THE SUBDIVISION OF PROPERTY LOCATED AT 3296 SOUTH
ZUNI STREET FOR THE MGM SUBDIVISION.
(ii) CONSTRUCTION SERVICES CONTRACT FOR NITRIFYING TRICKLI NG
FILTER MEDIA REMOVAL AND REPLACEMENT WITH CLEANWATER CONTRACTING IN TH E
AMOUNT OF $64 ,512 .00.
Vote results:
Ayes:
Nays :
Absent:
The motion carried .
11 . Resular Agenda
Council Members Garrett, Bradshaw, Wolosyn, Yurchick , Bums
None
Council Members Nabholz , Grazulis
(a) Approval of Ordinances on First Reading
(i) Director Fonda presented a recommendation from the City Attorney to adopt a
bill for an ordinance terminating the Radio Tower Property Lease with ABC, Incorporated, which can no
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longer be accommodated as a resuh of the Phase 2 Expansion of the Littleton/Englewood Wastewater
Treatment Plant. He said this lease has been going on for some time. When we found out that we would
have to be constructing in that area . we approached ABC. Inc. and the y were delighted that the y had as
much time as was in the lease. and that we staned talking to them early. They are now actively seeki ng
another location, he said. We need to pass this ordinance to give them notice so that the clock will
officially stan ticking, and we will be able to take po ssession about the time that we would be going to
construction.
COUNCIL BILL NO. 66, INTRODUCED BY COUNCIL MEMBER BRADSHAW
A BILL FOR AN ORDINANCE AUTHORIZING THE TERMINATION OF A LEASE AGREEMENT
BETWEEN RADIO VENTURES (KQXI) AND THE CITY OF ENGLEWOOD AND THE CITY OF
LITILETON.
COUNCIL MEMBER BRADSHAW MOVED TO APPROVE AGENDA ITEM 11 (a) (i).
Council Member Yurchick asked if the y were going to stay in the area . or probabl y lea ve .
Director Fonda said they would probably stay in the area, but must find some other propeny. Their
underground antennas are so large that it would disrupt our new clarifier. he sa id .
Mr . Yurchick said the reason he asked was that they bleed into the phone systems . Counc il Member
Bradshaw agreed. It is all in District One and people with cordless phones in that district have trouble
because of that.
Council Member Bradshaw said she wanted to make a point of order. She asked if items should be on the
table before discussion. Mayor Burns responded affirmatively.
COUNCIL MEMBER GARRETT SECONDED THE MOTION.
Mayor Burns asked if there was any other discussion . there was none and then he a ked for the vote .
Vote results:
Ayes :
Nays :
Absent :
The motion carried .
Council Members Garren. Bradshaw, Wolosyn , Yurchick , Bums
None
Council Members Nabholz, Grazuli s
(b) Approval of Ordinances on Second Reading
(i) Council Bill No . 59 , authorizing a City Ditch License Agreement with T
Cablevision of Georgia/ AT&T Broadband was considered .
ORDINANCE NO. 56, SERIES OF 2001 (COUNCIL BILL NO . 59, INTROD UCED BY COU C IL
MEMBER BRADSHAW)
AN ORDINANCE AUTHORIZING A "LICENSE AGREEMENT" FOR CONDUIT FOR
UNDERGROUND CABLE ACROSS THE CITY DITCH RIGHT-OF-WAY TO AT&T BROADBA ND .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (b) (I) -ORDINANCE NO. 56, SERIES OF 2001.
Ayes : Council Members Bradshaw, Wolosyn, Yurchick, Bums
Nays: None
Abstain : Council Member Garrett
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Absent:
The motion carried.
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Council Members Nabholz. Grazulis
City Attorney Brotzman advised that an affirmative vote of Council is all that 1s required, which we have
with four aye votes. Council Member Garrett stayed at the table , o that gave us our quorum of five . he
said.
( c) Resolutions and Motions
(i) Golf Operations Manager Spada presented a reconunendation from the
Depanment of Parks and Recreation to adopt a resolution amending the existing Restaurant Contract wuh
the Englewood Golf Course Concessionaire, Reif Golf. Mr. Spada said the amendment involves changing
the rent from $36,000.00 per year, or ten percent of the gross, whichever is greater. to eight percent of th e
gross , with a minimum of $30,000.00 per year payment in rent . Staff feels that Reif Golf has done a
tremendous job in providing guest services and increasing the menu . They have increased the lunch crowd.
increased revenues and have done a nice job decorating the restaurant . We are real happy with what the y
have done, he said, and are hoping Council will consider amending the contract.
The resolution was assigned a number and read by title:
RESOLUTION NO. 70, SERJES OF 2001
A RESOLUTION APPROVING AN ADDENDUM TO THE GOLF COURSE REST A RA NT
CONCESSIONAIRE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND REIF GOLF
ENTERPRJSES, INC.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (t) (I) -RESOLUTION NO. 70, SERIES OF 2001.
Mayor Bums recalled discussing this at Study Session with Director Black not too long ago, about the
projected increase in sales and the very acceptable job that Reif Golf 1s doing with this contract. With that.
he said, he would be inclined to vote in favor.
Council Member Wolosyn said we had asked them to consider a minimum. and they did .
Vote results:
Ayes:
Nays:
Absent:
The motion carried .
Council Members Garrett, Bradshaw, Wolosyn, Yurchick. Bums
None
Council Members Nabhoiz, Grazulis
(ii) Senior Manager Dannemiiler presented a recommendation from the Community
Development Department to adopt a resolution approving Historic Property Designation for 2734 South
Acoma Street. Ail of the information on the application is included in Council's packets, she said, and
there was a public hearing held on August 2 I, 2001 . in order to be designated as an historic property,
certain criteria needs to be met. One is that the property has to be at least fifty years old. Secondly, thi s
property is an architectural type that is popular within Englewood and a popular style for study of the arts
and crafts style . Additionally, it reflects the broad social history of Englewood, as one of the longtime
owners of the property was a craftsman in the arts and crafts style and utilized this home as his workshop.
Staff, therefore, recommends that the resolution be approved. She advised that the applicant did not seem
to be present, but we do have the historic property designation for them that they can just pick up later, she
said .
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Englewood City Council
October I , 2001
Page 9
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Mayor Bums asked if there are other homes in this category. Ms. Dannemiller said this is the first private
home that will be on the Englewood register. There are a number of homes in the Englewood area that
reflect the arts and crafts style, she said. This one is probably not extremely unusual in the realm of home s
that we have in the arts and crafts style, but it does meet the criteria for historic property designation.
Council Member Bradshaw noticed in the article on the back that there was another such home at 2775
South Delaware too.
Ms. Dannemiller responded that there was another apphcation submitted by the same applicant for a rental
property they had, but that one was not recommended and so we have not brought that one forward . There
needs to be additional work on that property before it "~II meet the criteria .
Council Member Bradshaw said good job.
The resolution was assigned a number and read by title :
RESOLUTION NO. 71 , SERIES OF 200 I
A RESOLUTION DESIGNATING THE 2734 SOUTH ACOMA STREET AS AN HI STORI C
PROPERTY IN THE CITY OF ENGLEWOOD. COLORADO.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (Ii)-RESOLUTION NO. 71 , SERIES OF 2001.
Ayes: Council Members Garrett, Bradshaw, Wolosyn, Yurchick, Bums
Nays : None
Absent : Council Members Nabholz, Grazulis
The motion carried.
(iii) Director Gryglewicz presented a recommendation from the Department of
Finance and Administrative Services to adopt a resolution transferring and appropriating funds for the
City's portion of the demolition, environmental remediation, and site preparation of the former C ity Hall
site. This is a resolution transferring $200,000.00 from the City's General Fund to the Englewood
Environmental Foundation to do the environmental remediation, he said, and site preparation of the old
City Hall site. When this property is prepared for sale, he advised, it could possibly net the City SI million ,
which could be used by the City for other projects.
Mayor Bums said this is the Elati Street property that we are talking about. which we talked about briefl y
in Study Session and we met tonight with a committee on it. From our di scussion tonight , also , as far as
development of thi s site, it is much more attractive if the building 1s taken down . It is possible to get mo re
interest in the site if it is prepared for development, he said, rather than having a building standing on it. It
is a constructive thing to do , in my opinion, he said .
The resolution was assigned a number and read by title :
RESOLUTION NO. 72, SERIES OF 2001
A RESOLUTION FOR THE APPROPRIATION AND TRANSFER OFF DS TO THE ENGLEWOOD
ENVIRONMENTAL FOUNDATION (EEF) FOR THE DEMOLITION , ENVIRONMENTAL
REMEDIATION AND SITE PREPARATION OF THE FORMER C ITY HALL SITE.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (Ill) -RESOLUTION NO. 72. SERIES OF 2001.
Vote rnulls:
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Englewood City Council
October I , 200 I
Page 10
Ayes :
ays :
Absent :
The motion carried.
12. General DiKunion
(a) Mayor's Choice
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Council Members Garren, Bradshaw, Wolosyn, Yurchick, Burns
None
Council Members Nabholz, Grazulis
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(i) Mayor Burns thanked City Manager Sears and the staff for the work done for the
budget conference on Saturday. It was a lot of effort and very well done, he said.
(ii) Mayor Bums distributed a memo regarding the expenses the Ci ty would have to
cover for the rban Land Institute Conference that he would be going to tomorrow. It includes the meal s,
one night"s lodging and the taxi and shuttle. The registration is patd for . he advised. the other three-nights '
lodging is paid for, and the airfare is paid for. He said he was invited to go to this by William Hudnut, the
former mayor of Indianapolis, who is a senior fellow at ULI and had come to our development here in the
spring and was quite enamored with it . He wrote a letter to me several weeks ago inviting me to come as a
guest ofULI to go to this conference. I will be serving on a panel on Brownfields on Wednesday, he said,
and affordable housing . Mayor Bums said he would be taking the PowerPoint presentation and text for th e
presentation that he has given before on this development, thinking that perhaps he would have an
opportunity to show that. It is really what he got excited about, he said, and I would certainly like for those
folks to see what we are doing here . Director Simpson is also going, so we will be networking and
c-0vering this together, and it should be a pretty exciting event. These are the items they do not cover. he
said. He asked for Council's approval for $950.00 in expenses .
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE S950.00
TO COVER fflE DIFFERENCE IN MAYOR BURNS' EXPENSES FOR THE ULI
CONFERENCE TRIP.
Council Member Wolosyn commented that it is good visibility for Englewood, since we did get that award
about Brownfields.
Mayor Bums asked Senior Planner Dannerniller how Darren Hollingsworth did in Chicago. Ms.
Dannerniller responded the Mr. Hollingsworth said it was very beneficial and she received several good
reports on his presentation at the EPA Brownfields Conference. Mayor Bums recalled that the EPA came
down and gave some awards to staff members Darren Hollingsworth, Bob Simpson and Mark Graham, and
was effusive in his praise of Englewood on the use of Brownfields, so we are becoming really well known
for our innovative use of those funds.
Vote results:
Ayes:
Nays:
Absent:
The motion carried.
Council Members Garren, Bradshaw, Wolosyn, Yurchick, Burns
None
Council Members Nabholz, Grazulis
(b) Council Members ' Choice
( i) Council Member Garren advised that the Recreation Center opened this morning
after its week off. At about five minutes to six there was a whole group of us who were a little bit heavier
for the week, but we were all there working out this morning. The facility is almost up and running, he
said, and the showers still work . The lockers are a work in progress .
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Englewood City Council
October I , 200 I
Page 11
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(ii) Council Member Bradshaw reminded Council that she and Council Member
Wolosyn worked Sunday getting the recreation ballot issue flyers together in bags . We need your help thi s
Saturday if you have a couple of hours, she said. She asked Director Black where they would report . We
arc putting up signs and handing out flyers , she said.
Director Black responded that the committee and the group would be meeting at the Malley Senior Ce nter
between 8 :30 a.m. and 8:45 a.m. Saturday morning.
13. City Manager's Report
(a) City Manager Sears thanked Director Black for taking care of the City last week when
Assistant City Manager Flaherty and he were at the City Manager Conference. He did a great job and
obviously prepared everybody for this weekend.
(b) City Manager Sears noted that he received a telephone call from the Sacramento Metro
Chamber. They will be having forty members come from Sacramento, California to take a look at our
CityCenter project on October Is•. Also, they will be looking at some of the things in Denver, but he
wanted to call us particularly, because of what has been happening on thi s site . It will be in the afternoon.
and we will probably do some sort of walking tour right after that. So it is nice to have Sacramento come
all this way to sec what we are doing here .
14 . City Attorney's Report
City Attorney Brotzman had no matters to discuss.
15 . Adjournment
MAYOR BURNS MOVED TO ADJOURN. The meeting was adjourned at 8 : 16 p .m . .....
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1. Call to order.
2. Invocation .
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
TUESDAY, OCTOBER 1, 2001
I(}~ 7:30 P.M.
Englewood Civic Center
1000 Englewood Parkway
Englewood , CO 80110
3. Pl edge of Allegiance .
4. Roll Call.
5. Minutes.
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a. Minutes from th e meeung 0 1 Regular Ci t Council Meeting of September 17. 200 1.
6 . Scheduled Visitors . (Pleas e limit our presentation to ten minutes .)
a. Littleton School Board Member and leffco Community Centered Board Member
Diana Holland will address Citv Council regardi n g D evelopmental Pathwa ys '
"Campaign to Help."
7. Unscheduled Visitors . (Please limit your presentation to five minutes .)
8. Communications, Proclamations, and Appointments.
9.
a. A proclamation declaring the week of October 7 through 13 as ational Fire
Pr evention Week.
b. A proclamation declaring the week of October 21 through 1 7, 1001 as World
Population Awareness Week.
Public Hearing (None scheduled)
Pe.aae note: If you hawe a disability wl need auxiliary aids or semc:es, pleae notify the City of Englewood
(303-762·2405) at lealt 41 houn in advance of when semces are needed. Thank you.
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Eng lewood City Co un cil Agend;i
O ctober 1, 2001
Page 2
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10. Consent Agenda .
a. Approval of Ordinances on First Reading.
i. COUNCIL BILL NO. 61 . Recommenda ti on from th e Municipal Cou rt to adopt a
bill for an o rdin ance am ending Title 1-7-2 oi the Englewood Municipal Code
pertaining to jurisdiction and p owe r of th e Co urt . STAFF SOURCE: Tamara
Wolfe, Court Administrator.
ii. COUNCIL BILL NO. 63 -Recommendation fr o m th e Pu b lic Works Departm en t
to adopt a bi ll for an o rdin ance app roving an Encroachment Agreemen t at :!001
W. Bak er Ave nu e. STAFF SOURCE: Ken Ross, Director of Public Works .
iii. COUNCIL BILL NO. 64 -Recommendation from the U tiliti es Department to
adopt a bill for an ordinance appro ing an Intergove rnmental Ag reemen t wi th
the Denve r Water Board for the Transfer of Wa ter Services . STAFF SOURCE:
Stewart H. Fonda, Director of Utilities.
b . Approval of Ordinances on Second Reading.
Council Bill o. 60, appro ing the Third Amendmen t to th e Int ergovernmen tal
Agreement wi th the Regional Transportation District (RTD ), reimbursing the Cit:v
oi Englewood fo r work perform ed by the Citv and th e Engle\\ oo d Environmental
Foundation o n behalf oi RTD .
c. Resolutions and Moti ons .
i. Recomme ndati on from th e Commu nity De ve lopment D epartmen t t o adopt a
resolu ti o n approving th e Final Plat of the MGM Supply Subdi\ 1si o n at 3:!96 5.
Z uni Street . STAFF SOURCE: Tricia Langon, Senior Planner.
ii. Recommendation from the Littleto n/Englewood Wastewater Trea tm ent Plant
Supervisory Committee to approve, by motion, a Const ru cti o n Services Co ntra c t
fo r Nitrifying Trickling Filter Media Remo va l and Replacem ent. STAFF
SOURCES: Stewart H. Fonda , Utilities Director and Mark Van Nostrand ,
Senior Project Engineer .
11 . Regular Agenda.
a. Ap pr ova l of Ordinances on First Read in g.
COUNCI L BILL NO. 66 -Re co mmendati o n from th e Ci ty Attorney to adopt a
bill for an o rdinance terminating th e Radio Towe r Pr operty Lease wi th ABC. In c.,
w hich ca n no longer be accommodated as a result of th e Phase :! Expansion of
th e Littleton/Englewood Was tewa ter Tr ea tment Plant. STAFF SOURCE: Stewart
H. Fonda, Director of Utilities.
Please note: If you have a dis.ability ud need ~ aick or ll!f'VKft, please notify the City of Englewood
(303-762-2405) at leut 48 houn in advance of when semces are needed. Thank you .
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Eng lewood City Co uncil Ag enda
Oc tober 1, 2001
Page 3
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b . Approval of Ordinances o n Se cond Reading .
i. Council Bill o. 59 , authorizing a City Ditch Li cense Agreement with TCI
Cablevision of Georgia/ AT & T Broadband .
c. Resolutions and Motions.
i. Recommendation from the Department of Parks and Recreati o n to ad o pt a
res ol uti on amending the existing Restaurant Contract with the Englewood G o lf
Course Concessionaire . Reif Golf. STAFF SOURCES: Jerrell Black, Director of
Parks and Recreation and Bob Spada, Golf Operations Manager.
ii. Re co mmenda ti on from the Co mmunity Development Department to ad o pt a
resolution approving Historic Property Designation ior 2 73 4 So uth Aco ma
Street. STAFF SOURCE: Lauri Dannemiller, Senior Manager.
iii. Recommendation from the Department of Finance and Administrative Servi ce s
to adopt a resolution transferring and appropriating fu nds fo r the City's p o rti o n
of the demolition, environmental remediation. and site preparation oi the former
City Hall site . STAFF SOURCE: Frank Gryglewicz, Director of Finance and
Administrative Services .
12 . General Dis c ussion .
a. Mayor's Ch o ice.
b. Council Members' Choice.
13. Ci tv Manager's Report.
14 . Citv Att o rne 's Report .
Adj o urnment.
The foll owing minutes were transmitted to City Council bel:\ve en September 14 and 2 7, 2001 :
Englewo od Board o f Adjus tm ent and Appeals meeting of August 8, 2001
Allian ce fo r Commerce in Englewood m eeting of August 9, 2001
En glewo od Parks and Recreation Commission meeting of August 9, :w o 1
Engle, ood Co de Enforcement Advisory Committee meeting of August 15 , 2001
Engl e" ood Planning and Zoning Commission meeting o f September 5, 2001
Pleue note: If you have a diNbility md need illlXilw-y aids or services, please notify the City of Enpewood
(303·762·2405) at leat 48 houn in advance of when services are needed. Thank you .
, .
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
~ OCTOBER 1, 2001
7:30 P.M.
1 . Call to o rder. 7 : 60 {Yrf1
2 . Invoca t io n. 'r5/V1111)()
En gl ewood Ci vic Cente r
1000 En gle woo d Parkw av
En gl ewoo d, CO 801 10
3 . Pledge o i All egia nce . /3t,Uv,f,,O
Ro ll Call.
$a.ff7.t /" Minu tes.
,:o, I '·"'.0-,.,.(1)
-t
<P" IY a. Minutes fr o m th e mee ting of Regular Citv Co uncil ,vleeting o i Sep tember 17, ::!001.
6 . Schedu led Visitors . (Please li m it vo ur presenta tion to ten minutes.)
7 .
8 .
i/ a. Li ttle to n Sc hool Bo ar d Mem ber an d Jeffc o Co m munitv Cen t e red Bo ard Member
Diana Holl and wi ll ad~ Citv Co urcil ,(ega rding Developmen tal Path ways '
"Cam p aig n to H el p .'' '--/~ /()~
~~si~~~+~ yo ur p resentation to iive minutes .)
Co mmunications. Pr ocl amatt o ns . an d App o in tments.
~~/
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A proclama t ion declaring th e "1Jek o i_ ~ctober 7 through 13 as National Fi re
Preventio n Week. ~ ~LO
b rf' / b . A procla m atio n decla rin g th e week of October 21 through 2 7, 2001 as World
Po pula t ion Aware n ess Wee k .
"~' s-o ~ Public H eari n g ( o ne sc hed uled )
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Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood
(303-762·2405) at least 48 houn in advance of when services are needed. Thank you .
..
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Englewood Ci ty Council Agenda
October 1, 200 1
Page 2
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10. Co nsent Agenda.
a. Approval of Ordinances o n First Reading.
iii .
COUNC IL BILL NO. 61 -Rec o mmendation from the M un icipal Co urt to adopt a
bill fo r an o rdinan ce amendin g Title 1-7-2 of the Englewo o d ,'11\unic ipal Code
pertainin g to j urisdi ction and power o i the Cou rt. STAFF SOURCE: Tamara
Wolfe, Court Administrator.
COU CIL BI LL 0 . 6 3 · Re comme ndatio n iro m the Publi c Works D epartment
to adopt a brll for an o rdinan ce approving an Encroachment Agreement at ::!0 0 1
W. Bak er Avenue . STAFF SOURCE: Ken Ross, Director of Public Works.
CO CIL BILL NO. 6-1 · Re com menda ti o n fr o m th e U tilit ies Department to
ad o pt a brl l for an o rdi nance appr o \ ing an lntergo\ ernmental Agreemen t with
the D em er Water Boa rd ·o r the Transfer of Water Se rvice s. STAFF SOURCE:
Stewart H. Fonda, Director of Utilities.
b. ApprO\ al o i O rdinances o n Se co nd Readin .
Co un cil 8111 '-o . 60. apprO\ 1ng he h1rd men dment to the lnt erg o \·ernmental
Agreement '.\ ith the Regional Transportation District (RTD ), re imbursing the Citv
o r Eng le\\ ood ior w o rk periormed b\ the Cit\ and the Engle \\ ood Environmental
Founda ti on o n beha lf oi RTD .
c. Reso luti o ns and Motions .
ii.
Re commendation from the Co mmunity D evelopme nt D epa rtm en t to ad opt a
res o luti o n approving th e Final Pl at of the MG,\\ Supp ly Sub di\ is io n at 3 ::! 6 S.
Zuni Str eet. STAFF SOURCE: Tricia Langon, Senior Planner.
Recomm endati o n from the Littleton/Englewoo d Wastewater Treatment Plant
Supervisory Co mmitte e to approve, bv motio n, a Co nstruction Services Contract
fo r Nitrifying Tri ckling Filt er Media Rem ova l and Replacement. STAFF
SOURCES : Stewart H. Fonda , Utilities Director and Mark Van Nostrand,
Senior Project Engineer .
11 . Regular Agenda .
a. App roval of Ordinances on First Reading.
CO CIL BILL NO. 66. Re co mmendation from the Ci ty Attorne y to adopt a
bill tor an o rdin ance termi natin g the Radi o Tower Pr o perty Lease wi th A BC. In c.,
which c an n o longer be accommodated as a result of the Ph ase ::! Expansi o n oi
th e Li ttl eto n /Englewood Wastewater Tr ea tm ent Plant . STAFF SOURCE: Stewart
H. Fonda, Director of Utilities.
PleMe note: If you have a disability and need auxiliary aids or services, pleMe notify the City of Englewood
(303-762-2405) al least 48 houn in advance of when services are needed. Thank you .
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Eng lewood C 1tv Counci l Age nda
u c to ber 1, 200 1
Pag e 3
• J~,,.. b . Approv al oi Ordi nan ces on Second Rea din g.
~~J~"'\ i. ~_t, t :Unci1 Bill No. 59 , auth orizin g a Citv D itch License Ag reement w ith TC I
P:,~ ,[~~) Cab le is1 on of Georgia/AT&T Bro adband.
} c . Res o luti o ns and M ot io ns .
Re co mm enda tio n fro m the D epartm en t of Parks an d Re c re ation to ad o pt a
resoluti on amendi n g the exi st in Res taurant Con tr act w ith the En glewood G o lf
C o urse Co nce ss io na ire, C . F SOURCES: Jerrell Black , Director of
Parks and Recreation a Bob Spada, olf Operations Manager .
13 . City Man age r's Rep ort.
1-t C ity A tto rney's Rep ort.
A dj o u rnm ent . ;} :/"f'YY'
Th e fo ll owi n g minutes we re transmi tted to Ci ty Co un c il betw een Sept em be r 14 an d 27. 200 1 :
En glewood Bo ard o i Adj ustm ent and Appea ls mee ting oi Au gust 8, 200 1
Alli an ce ior Co mmerce in Englewood m eetin g o i A ugust 9, '.!00 1
En gl ewood Parks and Rec reatio n Comm issio n meeting of Au gus t 9, '.!00 1
Engl ew ood C o de Enio rc em ent A dv is ory Co m mitt ee meetin g o f Au gu st 15 , 200 1
En gle woo d Planni n g and Z on in g Com m is sio n mee ting oi Sep tember 5, '.!00 1
Please note : If you have a disability and need auxiliary aids or sel'llices, please notify the City of Englewood
(303 -7 62-2405) at least 48 houn in advance of when sel'llices are needed. Thank you.
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E~GLEWOOD CITY COt.:NCIL
E~GLEWOOD. ARAPAHOE COUNTY, COLORADO
Regul:ir Session
September 17. 2001
..
The regular meetmg of the Englewood Ciry Counci l was called to order by Mayo r Bums at 7:3 p .m.
2. Invocation
The invocation was give n by Council t\lember Kabholz .
3. Pledge of Allegiance
The Pledge of Allegiance was led by t\la yor Burns.
4. Roll Call
Present:
Absent :
A quorum was presmt .
Also present:
5. Minutes
Coun c il ~!embers Na bholz . Graz ul is , Garr ett. Bradsha\\,
Yurch1 ck, Bums
Counci l Member Wolosyn
City Manager Sears
Ciry Attorney Brotzman
Assistant Ci ty Manager Flaherty
City Clerk Ellis
Director Olson. Safety Services
Municipal Judge Atencio
Director Gryglew1cz, Finance and Adrrum tranve erv1ces
Director Fonda, Utilmes
Sa
(a) COUNCIL MEMBER GIUZULIS MOVED, AND IT WAS SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF SEPTDIBER
4, 2001.
Ayes :
Nays:
Absent:
Motion carried.
6. Scheduled Visitors
There we re no sc heduled visitors .
7. Unscheduled Visitors
Council Members Na bholz, Garren, Bradshaw, Yurch1ck ,
Grazulis , Burns
None
Council Member Wolosyn
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Englewood City Council
September 17 , 2001
Page 2
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(a) Steve n Ho e lter, 4460 So uth Elati S tree t, said he wo uld ltke to address the cat
ordinance issue . He noted that Mr. Garren is hi s Co uncil representative and so he is probab ly familiar with
the issue . I ha ve had a hard time with the ca t issue ove r th e past two years. Mr. Hoelt er sai d. a nd I ca n 't
see m to ge t any results, or lukewam1 results at be st. La st year I rented cat traps twice , got a couple. and
we nt the nei ghborl y route and talked to th e nei ghb ors . We ha ve been to th e point where Jolm Edgmo n. a
Code Enforcement Office r, has been up to talk to th e people in vio lati on. once a lready. People keep doing
it. I called back down to the ordinance depanment about it and the be st they ca n tell me to do is to come
d0\\11 , get a cat trap. trap the ca t. give up my time a nd take it down to th e Humane Societ y. He poin ted out
that. in other words. it is all falling ba c k onto me . I am th e o ne su ffe nng here . It is not j ust o ne ca t. there
are fi ve o r six cats, a whole bunch o f them, and th e ne ig hb ors just wi ll not ta ke ca re of 1t. Now we are to
the point that. not on ly are they thumb ing their no se at me. but th ey are also thumbmg their nose at the
ordinance and the officers . I have been asked what shou ld be done , he aid. and I do n 't ca re wha t you do .
If you want to go over th ere and talk to them and leave th em love note s. I do n't care . If you want to ci te tht'
guy . then I am all for it , whate ve r it takes . And the n I get thi s spiel from the ord inance people , that th e
j udge s don 't like cat and dog iss ue s comin g across their desk unless we have so me backup , lik e tw o or
three witnesses . I asked John Edgmon ifwe co uld go fo rn a rd wtt h tlu s and then wh e n it comes time he
could testify a little bit. Mr. Edgmon to ld me that the y ca n't te sti fy on thei r o"n again st th e cases. I don't
understand that, he said. If I get a ti cket on the street and I want to protest the ti c ket in coun. the o fficer
doesn't have to have two or three outside witnesses to te stify . So why , he asked. do I ha ve to fight tooth
and nail to get something done , such as gening the cat ordinanc e taken care of. It 1s co nstantl y being
pushed back onto me , the perso n that 1s ha vi ng th e tr ouble , to deal wi th th e problem. I love animals I feel
like I shouldn't have to catch the cat in th e trap, j ust because the 0\\11er does n 't wan t to take re spons1b 1ht )
'ow. he emphasized, it is not the cat 's problem and 1t 1s not my problem. The thm g I a m gomg to court
over, if I am g iven a ci tation, he sai d . is. to me, like a speeding ticket between th e C it y of Engle"ood anJ
the person in vio lation. Going to co urt on it is not go ing to be between my nei g hbor and me. It 1s bemecn
Englewood and m y nei ghbor. So I am looking for some relief here . I kn ow some of you ha, e talke d about
this issue and stuff, particularl y my issue . So. he said. I am coming d0\\11 here to JUSI ask yo u guys to
either amend this ordinance to give it more meat or we need to talk to our Judges and ha"c them entenam
these ideas when they come across the ir de sk and ma ybe cut the coun time d0 \\11 on It to ma >b < ex pedite it
so it doesn't get dragged ou t for month s at a time or we need to ge t the Code En for ement peo ple to do th e
job a little better. I am not trying to knock th e m. he said. but ma ybe the y need 10 be a ltttl e mo re forceful
with the people that continue to abuse the problem.
Mr. Hoelter said hi s othe r issue ha s to do ",th th e weed problem. He sa id. I don 't know ,-hat yo ur
procedure is, but it 1s almo st like there 1s no patrolltng going on. be ause up and down the a ll eys. belund A
& A and Liquor Barn, the weeds are four feet tall and th e tra h ordinance sa ys yo u cannot put yo ur tra sh
out int o the right-of-way of the alle y, exc e pt on tra sh da y and then yo u ha ve to pick yo ur barre ls up and
move them m . That is never enforced. Peopl e co nstantl y have their fence nght up to the a lle y and the n
the y put their trash in a plast ic bag and the ordinance says It must be ma covered container or in a
container that can 't be tom up and scattered b y the animals . That 1s not enforced either. Regarding th e
weed iss ue , he asked if an yo ne on Council ha s gone over and looked at the o ld City Hall . The weeds a re
very hi gh around it . he said , and it seems like we should go over and at least take care of our 0 \\11 ba ckyard .
Mr. Hoelter said he appreciated the opponunity to speak and noted that he 1s a linle hot on the is sue . I hope
thi s 1s the last time I have to be down here on the cats , he sa id . because 1f I do it is go mg to be a linlc honer.
He thanked Council for their time .
Mayor Bums opined that Mr. Hoelter had some perfect ly legit imate questions . I have heard the co mm e nt
before that the officer can 't te stify, he said.
Ci ty Anome y Brotzman said that that is on barking dog issues, that 1s not on number of cats . He ex plained
that the barking dog ordinance reads that it has to offend the neighborhood and the Code Enforce ment
o ffi ce rs are not pan of the neighborhood .
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September 17. 2001
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D1rec1or 01 on said he JUS I "a med 10 add so me 1npu 1 o n 1h1 Code Enforcemem ha s bee n tr) mg 10 "o rk
w11h 1l11 s gemleman on 1he ca l issue. he sai d . and "e behe,e '.\Ir. Hoeller understands 1ha11here is a proces
m pla ce and yes he does have 10 lile a compla1111 and "e can ac1 o n a complailll and yes 11 w,11 go before
Mu111c1pal Coun . 1ha11 s ho" 11 \\Ork s . These kind of v1ol a11 o ns are 1101 wha1 yo u consider 10 be hke
penall y assessment s. where 1h ey JUSI end m "15 .00 and 1he 1 sue 1s se nled. Direcmr Olson s1a1ed 1ha1 "e
ha ve tned 10 work w11h him o n 1h1 . I have a co mpbm1111 fr o nt o n me , he said, tha1 was fikd b y ht
neighbor who esscmial ly tnd1 ca1 ed 1ha1 d11s ge ml eman ca me o ver and threatened 10 take all of h1 s ca 1s and
he \\Ould never see 1hem agam. \\'e ob, 1o u ly 1ry 10 enco ura ge neighborhood coopera1ion o n 1he se 1s ue,.
bu11here are procedures that we follow and \\e are 1rymg 10 "ork wnh him 011 1hi s and 1ha11 s ull our goal
I'm 110 1 saymg 1ha1righ1110 \\ \\C ha ,e 1he pcrfrct o rdmances 111 place . he said. but I am lookmg a1 tho e. a,
you know and yo u should be heanng mo re from 1he Code Enforcement Advi ory Co nu11111 ee . A ll I am
ask mg 1h1 s gem le man 10 do 1s "ark "nh ode En for e mem and "e will tr y to ge t 11 resoh·ed. If J
o mplam1 1s filed \\e will \\Ork" 11h 1hc neighbor '.\I r. 0 1 on s lat ed tha t 1he neighb o r does adm11 1ha1 the
cats get o ul. R1gh1 now, he said . the foci 1s 1ha1 we don ·1 have the peo ple, no r is it a ppropna1c for us to be
o ut 1here in the middle of the mghl trappmg ca1s and that 1s when yo u get ca1s .
Mr. Hoeller made several conune111s from the audience that were maudibk. H~ said 1h1 s 1s so \\To ng. yo u
just keep putting it back o n the c 11i zens . Direc tor Ol so n told Mr. Hoeller that he wa· JUSI tr ymg 10 explam
the process. Mr. Hoelter con11nued to commem from 1he audience (maudibly). '.\,Ja yor Bums a sked '.\Ir
Hoelter 10 le1 Mr. Olson speak .
Director 01 on noted the y are trymg 10 work "11h Mr. Hoel ter. The s 11ua11 o n 1 . as 111 for e ,·er) body d sc.
1ha1 we a ll o " them 10 have trap . "h1ch are owned b) 1he 11 y. 10 1rap the ca l He Jtd he under mod '.\I r
Ho eller trapped a ~al thi s \\ ee kend He asked what happened 10 1he CJI. Mr . Hoe ller said he 100 k 11 d0\\11
to 1he Humane Soc1el). Then. D 1rector O lso n pomted o u1. the sys1em work s . The y ha ve 1he cal and 1ha1 1s
the best wa y 10 deal \\1lh 11 . We don ·1 wam to have people taking c ats and droppmg them o ff out m 1he
woods some\\here , \\J)' ou1 m an o ther pan of the metro area . So 1akmg them to the Humane oc1e 1y.
whi ch 1s JUSl len nunu1es J \\3 . 1s how we will get it reso lve d and it is up 10 the o wner 10 get that at back.
But righ t no \\. he s aid . "e are 1101 go mg 10 get into the situation where we are trapping cats . h 1s a tota ll y
differe111 pros pe t. as yo u an 1magme. and this one has, essenually, worked fairl y well 1hroughou11he C a y
for man y years o . Dire tor Olson said. we will continue to work with thi s gemleman and he has gal to
work w11h us . 11 1s kmd of a two wa y treet and we will do what we can to re solve hi s iss ue , and . I ca n
unde rsta nd . at 1s an ts ue
Oirector Olson s aid. re gardmg 1he weeds and everything, thal, a s yo u know, "e do constant patro ls and 11 1s
a matter of constanlly 1urnm g oul weed vio latio ns. as Counci l can see in the s1a 11 s11cs. which 1he y have .
That 1s where we a re at n gh 1 now He noted 1ha1 he did not want 10 get 1n1 0 1ha1 man y 0 1her iss ue s
re gardm g 1l11s md1 v 1dual. He advi sed Mr. Hoe ller that we are trying to work him.
Council Member Bradshaw ad vised 1ha1 her concern 1s 1ha1 people hes na1e to call and rum people in
because their names are give n to the neighbor. That is wh y, she sa id . when I ge t a complaint from
someone. I sa y I have 1h1s complaint and I don 't even say 1he nei ghbors name . Be au se . inev11abl y, 11 ge1s
back 10 them. That is a problem too . If we want Code Enforceme111 , then we need Code Enforcemem 10 go
out, take a look . wnte the citation and get out of neighborhood poht1c s . That 1s my o pm,o n. she said
Mayor Bums asked if they have tried mediation services. We have talked about thi s 1111he pa st. he sai d.
that 1here are mediation services offered, as sometimes yo u have neighbors who go o n for years ha vmg
problems with each other. It may be cats , 11 may be weeds or it may be something else . I have anended
sessions on this, he said, and sometimes they find out that some of the issues between the neighbors are no t
the issues that are 011 the surface. It is the ones Ulldemeath, that happened ten years ago , 1ha1 arc ca usmg
the problem and some of these mediation services can really be a help . I don't think we have mcorporated
that into our code enforcement before, but they have done some remarkable work at the Umversny of
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September 17. 2001
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Den\'er o n this and I \\OUld still ltk e to look into this . He noted he ha s brought this up before. I ha ve heard
th em descnbe this and I know omeo ne "ho use d to work "ery ac tively in that area who is th e daughter o f
a Di strict Coun Judge he explained . to a Bar As socta11on Meeting I a 11 end ed one time. some remarka ble
thing s th ey find out when the y do med1anon . The y get undemeath the surface problem and rea ll y ha,e
so me remarkable insights sometimes . I still think that is a va luable se rvice in th e right kin d of case and we
shou ld s till look into that , he opmed.
Co un c il Member Garre11 said he ju t "ant ed to li msh up wnh th e process is s ue . This ge ntleman trap s J
neighbor 's cat and takes it o, er to th e Humane Society. He asked 1f. when the neighbor pi cks the cat up. 1f
he is cited for a cat that 1s not on the propeny. Director Ol so n said it is hi s understanding that the y
probabl y are cited at that pomt. 1f the y come bac k and claim th e cat.
Co un cil Member Ga rren said. al so. that he thmks there has bee n a nu s understandm~. as Code Enforcement
Officers can testtfy if 1t goes before th e Judge . -
Director O lson sa id it is hi s understandin g that Code Office rs cannot. o n thei r own . wrne one of the se
c itat io ns and then s ho w up in coun and be the complainant and the '"mess and the o ffi cer that turned m th e
violation . That 1s my understandmg at thi s pomt. he s aid . So we \\Qu id like to ha,·e a neighbor co mplam .
which thi s gentleman can do. and then we ca n go ahead and file a complamt a nd go th ro ugh the pro cess .
Co uncil Member Garre11 said that in thi s pamcular case II is so n of obv ious that yo u have a problem. as the
cat is at the Humane Society and was trapped o n the propeny. Direc tor O lso n sa id yes and no . \\"e have
the gentle man's word on this, th e office r was not th ere to ob~erve thi s. it 1s JUSI the gentl eman 's word that 11
happened . TI1e assumption is that ifhe had trap s on hi s propeny that that 1s p robabl y the case. He po1111 ed
out that that will be the issue in coun and the court will ha ve to decide .
City At1orne y Brotzman noted that we ha ve a li11le bit of a dis conn ec t on barkin g dogs vers us dogs at large
or. in thi s case. cats at large and th e compl ai nin g wi tne ss . We wi ll s it down w11h Co de Enfo rcement and go
through that again . Council Member Bradshaw said good.
Ci ty A11orney Brotzman advised that we do use mediation through the Uni ve rsity of Dem-er and it does
require both neighbors to panicipate, which is sometimes th e ditli c ult pan. Ge11ing both ne ighb ors to th e
tabl e . But we do use D U for that process . he said .
Co uncil Member Yurchick as ked why doesn 't ammal contro l pick up the se trap s. when pe op le cat c h a cat .
and transpon it to the Humane Society. rather than the ci tt ze ns ha vi ng 10 do it . Director O lso n sa id . qu11e
ho nest ly. we don't ha"e the time to go around and ge t all the cats that are trapped out there . It Jus t makes 11
a much easier. quicker process , as o pposed to when the cat s are caught at night or whene\'er. fo r us to try 10
pick them up the next da y. If 11 1s a really tough s 1tua11 o n we will try to help them out. he said. but we have
fo und th at w11 h the number of cats and the number of iss ues relatm g to this . a nd j ust the d1fficuh y of
rrappi ng c at s to begin wi th , that it works much be tter fo r the c lll ze ns to trap the cat and tak e the cat to the
Humane Society . But. he rei terated, in extreme s ituatt ons we will help them out and do the best we can.
Co unci l Member Yurc hic k asked if there are a lot of people trapping cats in Englewood. Dire cto r Olson
advised that there are a lot of co mplaints and it depends on how senous the y are about the cat bemg m th eir
yard. Ge nerall y, he noted, you are going 10 get cats in the middle of the night. that is when the y are go mg
to be out and about. not during the da y.
Ma yor Bums asked Direc tor Olson if the y have been able to c he ck how many cats a homeowner ac tuall y
has, whet her the y are in compliance with the ordmance re garding the number of ammals . Dire cto r Olson
said th ey try to, but wi th cat s it is preny d1ffi cu h to do, dogs are not so hard . It is that same issue of how far
do yo u go to determme what people actually have . Dog s are eas y, but cats are prerty difficult at times .
Mayor Burns said yes , the y could be hid ing anyw he re .
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Eng l e" o o<l C i ty Co un ci l
Sc p1 c 111b c r 17. 200 I
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:Vtayo r 13ums conu11emed thJl he 1hough1 "<" coulJ clear up a fr" 1s,ue here.
\I r. Hoelter. speaking from the ,JUd1c n e. reque 1ed J cou ple ol mrnute, for J rebullJI lk stJtcJ that he ha,
bent o, er bad," ards o "0rk "11h these gu) s ·1 he ( II) .:0de ofticer e, en tall.et! on the phone "1th the
gentleman th t 1,111, 101311011. he sa1J. and the, 1ola11on ,nll 6oes on \\ ha1 other J,enue do "ego to after
they hJ\e talked to the peop le. he a,ked I ha,e been III e and gone o,er there and dealt \\Ith 1h1, for rno
years and this gentleman o,er here 1s saymg that"<" a1e trymg 10 meet you in the n11dt!k llf the road I
1h111k I ha, e gone beyond that anti that 1s not f.ur ol him.
:Vtayo r Bums attempted 10 e,pbm the ,1rua 11 on and \I r ll oelter m1 crn1pted. from the audience. to say that
the 1dt!:1 her!! 1s l get fi\·e 1n111 utes and )OU guys g~t l \\c'lllY mmutc!S and once aga m you make.: 1he ~111zen
loo !,. bad.
\lJ)Of Bums noieJ that 1s not the ""Y "e look JI II and \Ir. lloelter connnued ,peak111g 11nauJ1bly) from
the audience
\I r. ll oelte1, JS he kft the mcenng. maJe a11111aud1ble ..:ommem, ending \\Ith ··1h1s 1s not the la,t you lu,e
heJrd trom me ··
\IJ~or !3ums th J nked him tor commg '.\Ir. Hoelter ..:ontmueJ ..:ommenung 1111Ju<l1bly) •, he "Jll,.eJ out nf
the room
Dire tor I on aid he \\Jilted to thro" somethmg cl e out. 110\\ thJt he 1s gone \\ e J -i 1i1unJ .1 sign on
his trucl.. Jml \\C "ere tr,111g to get a pic ture or 11. bm he remo,ed II eforc "e co ulJ \Ir Olson read. lrom
a note. t.he tnl1Jm1nator) mcss agt.' thnl \\JS on the ~1gn ~v . he pointed out, \\CJ.re \C'f\ 1.."0ncc111cJ .1 b1.HH
stab1!11y issues. more tha n anyth mg el se .
\la)or Bum, th J nked Direc tor Olso n fo r dealing \\Ith th is
Co m 111uni ca 1iun,. Procl a ma ti on s and Ap p11 i111m c n1 s
(a) A procla mJ ll o n decla rin g Septembe r )9 . 2001 a Race Eq uality Da, "" c1111s1dered
COL"'\CIL .\1 D IB £R BRADS HA W .\IOV£D, .-\.'ID IT W AS EC0 '.\'D £D. TO DEC LA R E
S El'TE.\IB ER 19. 200 1 AS RA CE EQ UALITY DAY .
'.\ tonon ca rri ed
A)es : Co un c il Members :,.:abholz. GJrrett.13radshJ\\. Y rch1ck.
:-.:ays ·
Absent :
Gra z u It s. Burn s
:-Jo ne
Cou n ii c\lcmber \\'olosy n
(b) A procla mauo n declaring th e \\eel,. o f eptember 16 th rough 2~. 2001 JS Ydlo" Rib bon
Youth S u1c1de Aw a re ne ss and Pre venti on Weck wa s co nside red.
CO UNC IL MEMBER BRADSHAW MOVED, A N D IT WA S S ECO N D ED. T O A l'l'RO VE
DEC LARING THE WEEK OF SEPTEMBER 16 THROUGH 22 , 2001 A S YE LLOW ll1880 1\'
YO UTH SUICIDE AWARENESS AND PREVENTION WEEK.
Ayes:
'ays :
Abse nt:
Mouo n ca rri ed.
Counc il Members Na bho lz , G arrett , Brad sha w, Yur c h1ck.
Grazulis, Bums
one
Counc il Member Wolosyn
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September 17. 2001
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(c) A resolution appointing Marcia O'Brien as Associate Municipal Judge was considered .
COUNCIL MEMBER GR.\ZULIS MOVED, AND IT WAS SECO~DED. TO APPRO\'£
RESOLUTION NO. 68. SERIES OF 2001 -APPOINTJ;';G MARCI..\ O"BRIEN AS ASSOCIATE
MUNICIPAL JUDGE.
RESOLLJTION NO . 68, SERIES OF 2001
A RESOLUTION FOR THE AP POL TM ENT OF MARCIA G. O 'BRIE N AS AN ASSOC I..\ TE
MUNICIPAL JUDGE FOR THE.C ITY OF ENGLEWOOD .
Vote results:
Ayes: Council Members l\abholz , Ganen. Bradshaw, Yurchick.
Grazulis, Bums
Nays : No ne
Absent: Council Member \Volosyn
Motion carried .
Municipal Jud ge Atencio noted that \1s . O'Bri en 1s a member of the Board of AdJU Stment and App~al s .
Marcia O'Brien was sworn in b y Engkwood Municipal Judge Vmce nt Atencio.
(d) A proclamation m hono r of the lives lo st and the heroic effons displayed dunng the
National Tragedy on September 11 , 200 I was co nsidered .
Mayor Bums advised that he has asked the C uy Clerk to read thi s proclamation regardm g the attack on
America and then Council will vote on it fom1:1lly .
The Ci ty C lerk read the proclamauon m its entirety.
MAYOR BUR'IS '.\IOVED, AND IT WAS SECO~DED. TO APPROVE THE PROCL\'.\IATIO:-;
IN HONOR OF THE LIVES LOST A.'ID THE HEROIC EFFORTS DISPLAYED Dt:RJ;,iG THE
NATIONAL TRAGEDY ON SEPTEMBER 11 , 2001.
Ayes : Council Members . abholz. Garrett. Bradshaw, Yurch1ck .
Grazulis. Burns
Nays : None
Absent: Council Member \Volosyn
Motion carried.
Mayor Bums prese nted the proclamation to Di rec tor Ol son .
Director Olson said he would have to say that thi s 1s an issue . obviously, that transcends a cat iss ue . And
when yo u think back it hasn 't even been a week since this all occurred, it is quite amazing, shocking and
quite frightening to think of how this siruation has impacted our country. I appreciate the proclamation. he
said, and I gladly accept it on behalf of the tire and police personnel of this City. I also accept it on behalf
of the citizens as well, because we are all tragicall y affected by this entire situation. Tius is very nice. he
sa id. and I enjoyed the ceremony tonight, it was wonderful. He noted it bnngs us back to reality and tell s
us that there are so many issues that transcend the minor issues we deal with on a day·to-day basis . \Ve
appreciate this, he said, and he thanked Mayor Bums and Council.
9. Public Hearing
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Englewood Cit~· Council
September 17. 2001
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(a) Mayor Bums ad,·isl'd that this a pubhc hearmg to gath<!r cttizen mput on the C n y of
Eng lewood 's proposed 2002 Budge t and copies of th e budge t are available m the Libra ry. the Fmance
Department a nd the City :'vlanage r s Office .
COUNCIL MDIBER GARRETT '.\10\"ED. A."iD IT WAS SECONDED. TO OPEN . .\ PL"BLI C
HEARING TO GATHER INPL"T ON THE 2002 PROPOSED BL"DGET.
A yes : Counc,I M embers :S:abhol z. Garren. Brads haw. Yurch,ck.
Grazuhs. Oums
Na ys : :S o ne
Absent : ou ncJ! '.\lember \\"olo yn
Motion earned and the Pubhc Heanng o pened.
Dtrec tor G ryg lew1cz, being duly swom. submllted to the C uy Clerk. Proof of Pubhcat1 0 11 that nonce of this
pubhc hea r ing was published on August 31. 2001. September 7. 2001 and September 1-l . 200 1 in the
Eng lewood Herald. He no ted that thi 1s a pubhc heanng to gather public input o n the 2002 Budget. I am
here to an swer questions, he s aid, and. as '.\l ayo r Oums pointed out. the proposed budget 1s avaJ!able at C uy
Ha ll .
Ma yo r Bums asked if Director Gryglew1cz would summarize. ge nerall y. how thi s budget relat es to . sa y.
la st years budget. He noted we ha\'e had so me discussion of this 111 Stu dy Sess io n. that the budget 1s tigh ter
than it was a year ago . :'vla yo r Bums po 111tcd out t ha t we have a lo t of projec ts for the C uy that we are
trymg to fund a nd ,,e a re try mg to mainta111 an adequa te fund ba lance at the same time .
Director G ry glew,cz satd th at 1s true. this ha s been a fa irl y difficult budget. because" hat" c have seen 1s
tha t both the national and local eco no my ha ve started to s low somewhat a nd the C uy 1s htghl y dependent
on sa les and use tax and the y ge neral follow economic ac u v 1ty. So as that ha s s lo,,cd. so has the
colle c ti o n. But un fo rrunat e ly, he said. ex penditures ha ve no t . The y ha ve continued 10 n sc fairl y rapidl y.
espec iall y m the areas of personn el costs . He pointed o ut that hea lth and dental in su rance haw mcreased
every ye ar, double d 1g1ts , a nd it has been extreme ly difficult to keep up wnh those. So. he noted. tlu s ,s a
fairl y to ug h budget. The Cit y, o ver the past decade, has done very well . We have colle ted an mcrea,mg
amount of reve nue s. we ha\'e been able to provide good benefi ts. mamtam o ur people and o ur ser\'Jce;, and
we ha ve al so been able to help build thts Ci vic Cente r. We 've contnbut ed to the ti • en ter Englewood
s ite . entenmal Park . a numbe r of property purc ha ses, infrastructure improvements and ·onstru t1 on . And
thts ye ar. he sa id . on the capual std e, we are scali ng bac k . We are doing JUS ! "hat we reall y need to do It
used to be that we d id our urgent and ne cessary projects. now we are domg Just those and not ome of tho e
be lo w the hne. We a re . probably, going to put those o ut a little bit. look at o me mo re creative financin g
options and dela y or JUSt kill so me of th e projects fo r a while , unt il th e econo mics rum around Director
Gryglewicz noted that o ne of the other issues is thi s s ue. When we put the 200 1 Budget together. he a,d .
,ve thought we would have more tenants here and would be start ing to collect ome re\'enues \\'e are
start in g to see some of that tum around, but we probably wo n 't see it until next ye ar. Hopefully, those '"ll
come in and we will be able to make more oi our capital investments . But. he satd . I thmk Jt , prett) mu ·h
a status quo budget. There are a few increases in personnel. One in Safet y Servtces and Pubh \\'ork s and
there arc a couple of other small part-time positions, but for the most part 11 ,s s tatu s quo It ,s a tight
budget, he said, but it is a pretty good budget. E veryo ne worked very hard o n 11 . Direc tor Grygle,, 1cz.
commented that this downturn happened extremely rapidly . l thmk everyo ne has een that . although our
ri,venucs are sull tracking fairly much on-line with what we budgeted . That 1s be cause , 111 part. a o uple o r
the ve nues have opened and arc contributmg at Civic Center. It has brought u to reahty a httle. he atd.
because we had such a large growth in our revenues in the 90's and I think we are bac k to a httle bu tigh ter
ship .
Mayor Bums asked if Counct! had any questions .
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Englewood City Council
September 17. 2001
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Direc1or Grygle wic z co mm ent ed tha1 , as he had ment io ned al their last me eting at Stud y Se ssio n. o ur mam
goal is to maintain our people and our services to our c ui zens. fir st and foremo st.
Ma yor Bums pointed out tha1 , as usual , we have not. during 1his period of time . nor are we now
rec ommending, any inc rease in sales tax rates or property tax rate s.
Direclor Gryglewicz staled we are not re co nm1ending any rai ses in an y taxe s.
Ma yor Bums asked if Co uncil had any que stions for Director Gryglewicz . There we re none.
Owen BeaYer, 3148 Soulh York Street. be ing dul y sworn . noted that he is running fo r 1he Ma yo r's sea l on
Council. Ma yor Bums said he wa s aware of 1ha1. Mr. Beave r said 1hat 1he reason he wa nted 10 speak
1onight was because , as he has been walking 1he la st month, he 1hinks he has kind of gm the pul se of
District 2. As we know, he said , Englewood still holds a large senior citizen popula1ion and I kn ow 1ha1 a
lot of those citizens are mostl y ladies . The y are concerned. he said , as the y remember Ci nd erella C11 y a nd
1hat went downhill and the y look al the C ityCe nter and i1 is not comple1ed yet and then 1hey read in 1he
Englewood Herald last week about the bud gel hanng to be cut. He pointed out !hat yo u memi on a half a
million dollars to these people who went through the depression and II seems like a 101 of mo ney to them .
told them, he said, that the budget is qmte large. however we still have to be conce rned about a ha lf a
million dollars . He noted there is the que sti o n o f what to save and what 10 cut and are we savrng mone y by
cuning back on different depanments. They wonder wha1. exac 1l y. must be cut 10 make 1h e budget work .
and I think people are very concerned. So. he sa id . I wo ul d say 10 the Co uncil , that 1t is probably too la1e
for 1h e Oc1ober newsletter , bu1 for 1he Nove mb e r or December issue you ma y want 10 kl pe o ple know what
is goi ng on with the budget. be cause these people are conce rned . Mr. Beaver stated 1ha1. ngh1 awa y. a 101
of people say they don't want to see people lo se their Jobs . They know that the eco no my is c hangi ng. He
noted that they read that the airlines are cutting I 2.000 jobs and one lady thought 6,000 were right here in
Englewood. That is just how the y view things . So. he said. I j ust thought , as Council looks int o 11. that
they need to let the people know that we are doing well. Yes. the economy is struggling, but the C it y is
strong and the basic services will be there . For example, ma ybe we are buying cloth chairs instead of
leather chairs , or however you want to put it . But a lot of people are concerned. especiall y the semor
citizens. He commented that Englewood is a blue -co llar town. I know a lot of people are working hard. he
said, but they are experiencing job cut backs . They wan! to know how the City 1s dealing wnh c u1backs.
That is all I wanted to say. that the City needs to get the word out to the publi c 1hat we are not in the lank .
that the tank is half full , or howe ver you want to put 1t . but we are domg well . I j ust talked to a lady toda y.
he said, and she was probably 80 years, but she is afraid that her Ci ty servic es won ·1 be th e re , becau e 1he y
are being cut back . So those are the son of things I wanted to talk about. he said . Mr. Beaver stated that he
would be glad to answer any questions Council might have. but otherwise he wanted to thank Counc il fo r
their time .
Ma yor Bums thanked Mr . Beaver.
Ma yo r Bums said he thought what Director Gryglewicz was sa ymg is that we are no t doing as many cap11al
improvements as we mi ght . but we are 1101 c utting bac k on Ci ty services . Director Gryg lewi cz said that ,s
true . First and foremost we want to maintain our services 10 the pubhc and also maintain our workforce .
That , he noted, is why we are not go in g to do as man y ca pual projec ts. We are j ust dotng th ose tha1 are
funded in the Public Improvement Fund, as 1hose are funded from se parate sources of re ve nue s. He
advi sed that a lot of those core capital project s and improvements . 1hat we have identified as reall y
necessar y, will be done, but we are not lookm g at an y service cutbacks in core servi ces , so those should be
maintained .
Ma yo r Bums stated that we do repon on the budget in the C iti zen newsletter, and it 1s a good suggestion.
But, he opined. it is imponant for the pre s . and so fonh, to understand thts also , when the y write stories
abou1 the budget . Citizens need to understand that we will not be c unmg essential services for seniors . I
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Englc.,ood Ci 1y Co uncil
Sep1c mbcr 17 . 2001
Page 9
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understand "h) the y would be con erned. he said. and 11 ts tm ponant 10 get the word out that we arc not
cuttmg their serv1 es.
Director Grygle" 1cz sa id absolu1ely . we are not looking at cutti ng services for any of our c11 1ze ns. One of
the rea sons we \\Cnt back and kept go mg back and cutting ou t ofthts budget. \\JS that we want ed to
111ain1a111 a high fund balance to help us ge t throu gh tlu s economic tim e. Be ca use. he nored. 11 "111 n,rn
around. but we are JU t not ure "hen and we wa nt to make sure that we do ha,·e enough money 111 the bank
to ma1nt a111 ou r services and our peo pl e.
Ma yo r Burn s thanked Direct or Grygle w,c z.
'.\·la yor Bum s asked 1fan yone else \\anted to speak du rin g this Public Hearing on the C11y of l:n gkwoo d\
Propo ed ~001 13udget. There was no one .
COLl'.'IC IL \IE:\IBER GARRETT MOVED. A:\D IT WAS SECO'.'IDED. TO CLOSE TIIE Pl 'BLI(
HEARl'.'IG 0'.'1 THE 2002 PROPOSE D BlDGET.
Ayes : ounctl '.\!embers ,Jbholz. Garren . Bradsha\\, Yurduc~.
Gra zuhs, Burns
Nays : ~one
Ab sem : oun 11 '.\l ember Wolosyn
Motion camed and the Publi c Heari ng closed .
10 . Consent Agenda
(a) Approval of Ordtna nce · on fir t Reldmg
There were no add 111onal Hems ubnmted for appro,·al on tirst readi ng. (See Agenda It em 11 -R~gular
Agenda .)
COl!NCIL i\lE:\IBER GARRETT \10\'ED. A:\D IT WA S SECO'.'IDED. TO APPRO\"E
CO'.'ISENT AGE~DA ITEM 10 (b) (i) and (ii). A~D 10 (c) (i).
(b) Approval of rd,nances on ccond Readm g
(t) OR.D l);A:-S E ,o 53 , ERJE OF 200 1 (COL");C IL BILL ~O 56.
1:--;TRODCCED BY OL':\ IL '.\IE'.\1!3ER GA RRETT)
A~ ORD l~A:--:CE ACTHORIZJ:-.;G A:--l NTERGOVER:--J'.\IE:--JTAL AGREE'.\IE .. T E:--TITLED
.. CON TRA T AG REEM E'.'JT FOR l".'ITOXIL YZER 5000 E:--J PL ACE ME,T' BETWE E'.'J TH E
CO LORADO DEP ARTME . T O F PCBLI C HEAL TH A:--JD E:--:VIRO'.'!MENT , LABORAT ORY A,D
RADIA TIO , SERVI CES DIVISIO N Al\'D THE CITY OF E;-.:GLEWOOD .
(ii )
INTRODUCED BY CO
OR.Dl".'IA 'CE NO . 54 , SERJES OF 200 1 (COL~CIL BILL ~O. 57,
CIL MEMBER GARRETT )
A. ORDINANCE ACCEPTING THE DEDICATIO N OF A RJGHT -OF -WAY LO ATED AT THE
INTERSECTION OF BAKER AVENUE AND TEJO STREET IN THE CITY OF E:--JG LEWOO D,
COLORA DO .
(c) Resolutions and Motions
(i) AUTHORIZATION FOR THE LIBRARY TO APPLY TO THE STATE OF
CO LORADO FOR FUNDS UNDER THE ANNUAL STATE GRA TS TO LlBRARJES PROGRAM .
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Englewood City Council
September I 7. 2001
Page 10
Vote results:
Ayes :
Nays:
Absent :
Motion carri ed.
11. Regular Agenda
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Council Members Nabholz. Garrett . Bradshaw. Yurchick.
Grazulis, Bums
No ne
Council '.\1embe r Wolosyn
(a) Approval of Ordinances on First Rea ding
(i) Ma yor Bums advised that thi s agenda item is a recommendation from the
Utilities Department to adopt a bill for an ordinance authorizing a Ci ty Ditch License Agreemem wnh T
Cablevi sio n of Georgia/ AT&T Broadband.
Council Member Garrett stated that his employer is AT&T Broadband. which ts the parent of T C ! of
Georgia, therefore he would be abstaining from the discussion and vo te o n thi s particular agenda nem .
[Clerk's note : Council Member Garren left the dais.)
Director Fonda advised that this is a routine crossi ng of the City Dttch and the v "111 bore und erneath th e
pipe. It is down near Minera l Avenue , where that new shopping area ,s gomg 111. We recommend approval
of this item, he said .
Ma yo r Bums asked if Council had any questions . There were non e.
COUNCIL '.\1EMBER BRADSHAW MOVED. Ai'iD IT WAS SECO~DED. TO APPROVE
AGENDA ITEM 1 I (a) (i) -COUNCIL Bl.LL NO. 59.
COUNCIL BILL NO. 59, INTRODUCED BY COUNCIL ME'.\1BER BRAD HA \\I
A BILL FOR AN ORDfNANCE AUTHORIZfNG A .. LICE~SE AGREEME~r FOR C01'DliIT FOR
UNDERGROUN D CABLE ACROSS THE CITY DITC H RI G HT-OF -WAY TO AT&T BROADBAND .
Vote results:
Motion carried .
Ayes :
Nays:
Abstain :
Absent :
Council Members :--abholz , Bradshaw. Yur chick, Graz ulis , Bums
None
Council Member Garren
Council Member Wolosyn
[C lerk·s note : Council '.\1ember Garren returned to the dais .)
(ii) Assistant City Manager Flaherty presented a recommendation from the C tt y
Manager 's Office to adopt a bill for an ordinance approving the Third Amendment to the
Intergovernmental Agreement with the Regional Transportation District (RTDJ, reimbursmg the Ct ry of
Englewood for work performed by the City and the Englewood En vi ronmental Foundation (EEF) on behalf
of RTD . He advised that EEF has completed three projects . A splashguard that allows for planting along
the retaining wall at the light rail and bus station, sixteen bic ycle lockers that have been placed at the light
rail station and three additional bus benches that have recently been placed at the bus terrrunal for the hght
rail station , are the three projects . These costs have been borne by EEF in the amount ofS37,193 .00 and
they will be returned to EEF with the approval of this contract, he said. The founh item is work that 1s m
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Eni.:le " ood Ci 1y Co unci l
Sc pi c rnbcr 17 . 2001
p3gc 11
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progress Earlie, 1h1s year. '11y otiic1als rne1 \\llh R ro officials regarJ111g c,1e11>10n of1he s1Je\\Jlk tr,,m
tl1e hgh1 ratl sta11on at O,ford 10 '.\!ans field .\,enue and R ro md1ca1ed 1he) \\Ould h.mJ 1hJt con,m1c1nm
proiect. The total co 110 R1 D 1s $~6.000.00. lt I now m procc ·s. he said. JS pan of our Jnnua! cap11al
proJCCI Jnd the ny has pro, 1ded for consrrucnon and design eng111eenng l k asked 11 there were an,
quesnons.
\layor Bums Jsked if 1ha11s all pall of1he nurJ . .\mendment. \Ir r bhcny ,J1J ,e,. each 11!'1he,e 11em,
will be included 1111he Third ..\mendmenl
COL':'<C!L :'11£:\IOER BR..\D SII ,\\\ \1 0 \'[1). A:\D IT \\'.-\S SEC'O :'-Dl:.D. ro ,\l'PIH)\ ~-
.\G ENOA ITE;\l I.I (a) (ii) -COL':\C IL BILL :'-0. 60 .
COL;,.; IL BILL ;,.;o 60. I\ l ROOl Cl D 13Y C'Ol '.\CIL \IE'.\113ER BR .. \DSH..\ \\'
.\ BILL FOR A\ ORD!"-\\L [ \l ·1 I IORl71 li \ fl !!RD .\'.\I L '\0\11:.\ T TO \\ .\1,RT I \II ·"-I
FOR E:\GI E:\\'OOD CITYLL '-.llR 13l:.l II f\ TIii t !TY Of [:\t,LI \\'000 c\\D Rl D
\'ol e resul 1,:
\ !ouon c:imed
'\Jy,
\b,ent.
l uunc!I \!:mt-eh \a~hol:. l,Jnell. Dradsha", Yurch1ck.
l,1a,uh,. Bum,
\.oni:
l PU!l(II \kmhcr \\\)lo..,yn
(bi .\ppro,Jl ot OrJ111an..:es on ::,econd Readmg
I here \\Cle no Jdd111unal 11cm, ,ubnuned 101 Jppro,al on wcond readmg (See ,\gcndJ llem Ill -t\,n,_·111
\~cnJa . I
( 1.) RC"..,lllut1nn, JnJ \l utwns
11 ll:rcctu1 hinJa presented a recommenJau,rn trum 1he L111k111n I n;k.,,,u,I
\\ Jsle\\ a1er I reaunem Plant upen 1>0r) Cummmee 10 approve. by mo uon. Amem.!menl I Ill the
Pro ks 1ona! I ngmcenng en ices ComraCI "nh Bro\\ n & Jld\\ell 1n 1he amount ol ·: .9"11.:t,-l 00 1')1
Pha,e ! \\ a IC\\Jler l rea1ment Plam lmpro,emems. He adnsed hat 1h1s 1s the engmeenng cumrau w
ae1ualh design 1he 1:ic1h11es Th.:y ha,e complc 1ed the pre-engmeenng de 1gn . He 1101ed 1bJ1 th1> wn1r d
1> 1111he amou111 of$5,950Jo-l.UU and n 1s anuc1pa1ed that 1he proJect will be m the range ol -,n hl -~,
lllllhon. At tlm pom111 '"11 probably 1ake abou1 a year and a half10 \\O ye ars 10 .:ompletc 1he ,ksign. JI
\\h1ch ume "" '"11 go tornard \\Ith ons1rucuon The design 1; !or mcrease ofcapacny lrom about .'ll
m1lhon gallons a day 10 50 1111lhon gallons a day and. Jbo, we "di be add mg an add111onal le, el of
trea1mem. 1111ha1 we" 111 be es,gmng fac1l111e s 10 1emow nnra1es ·o. he said . I \\Ould reconunend
approval of1he Brown b:. Cald\\ell contract at 1h1s ume
\!ayor Bums 1101ed the o uncil Commum cauon 111d1ca1cs 1hat 1he t\\O pnmar) fac1ors 1ha1 ha,e heen
1demdied, 1ha1 "'ll require expansion of1he presem fa 1ht~. 1, the h1ghe1 than anuc1pa1ed populauon
grow1h m the fac1l11 y's sen ice area and the regula10ry requirement 10 remo,e nnrate
Direc1or Fonda explained tha1 sm ewe designed the las1 fac11ity , based on DRCOG proiec11011'. 1hc
populanon bas grown at nearly double 1ha1 ra 1e . We are in somewhat ofa ume bmd. he said. becJu e "<
have JUSl fim hcd construction of1he last fac1lmes and now we are, ve ry rapidly. gomg ,mo de-ign ,111hc
nex1 e1 of fac1h11e . Although, he noted, we have worked ou1 adequate compliance schedules "11h 1he
tate .
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Englewood City Council
September 17, 2001
Page 12
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE
AMENDMENT I TO THE PROFESSIO'.'JAL ENGINEERING SERVICES CONTRACT WITH
BROWN & CALDWELL IN THE AMOUNT OF SS ,950,364.00 FOR PHASE 2 WASTEWATER
TREATMENT PLANT IMPROVEMENTS.
Mo11on ca med.
Ayes :
Nays :
Absent :
Co un cil '.v!embers :s!a bholz, Garren, Brads haw . Yurchick.
Grazulis , Bums
No ne
Counc il Membe r Wolo sy n
(ii) Director Fonda presented a recommendation from th e LinletorvEnglewood
Wastewater Treatment Plant Supervisory Co mmittee to approve , by motion. Amendment 2 to the
Professio nal Engineering Services Contract with Brown & Caldwell in the amount of$5 !8.788 .00 fo r
Disinfection Wastewater Tream1ent Plant Improvements . This is pan of the same project. he sa id . but we
had to break out this work. which will be designed and bid separately, because the Water Qualit y Conrro l
Di vision has placed a compliance requirement schedu le on us that we wo uld not be able 10 mee t 1f we left II
as pan of the ori gtna l conrract. Direc tor Fonda expla ined that thi s is basically adding a chl ori ne ,on tact
basin to give us enough detent10n 11me . We can design thi s. he said , and then go into co nstructi on w11h a
separat e contract and ha ve 1t done , in o rder to meet o ur time requirements .
Ma yo r Bums asked if th ere were an y questi ons abo ut thi s ponio n of the contract . There we re no ne .
COUNCIL MEMBER BRWSHAW MOVED. AND IT WAS SECONDED. TO APPROVE
AMENDMENT 2 TO THE PROFESSIONAL ENGINEERING SERVICES CONTRACT WITH
BROWN & CALDWELL IN THE AMOUNT OF $518,788.00 FOR DISINFECTI0:'11
WASTEWATER TREAT'.\IENT PLANT IMPROVEMENTS.
Ayes:
Nays :
Ab sent :
Motion carried.
Council Members Nabholz. Ga rren, Bradshaw, Yur chi ck.
Grazulis, Bums
o ne
Co un ci l Member Wolosyn
12 . General Discussion
(a) Mayor's Choice
(i) Mayor Bums offered his congratulations to Sue Eaton for the CIRSA Los s
Pre vention Award and the Publ ic Human Resource Cenificate from the Cenification Council of IPMA . He
commented that it looks like the Human Resources Oepanment is doing an excellent job.
(ii) Ma yor Bums noted that C ity Manager Sears told Council about the T -REX
groundbreaking next Monda y morning at 10 :00 a .m.
(ii i) Mayor Bums said we have a DRC OG board meeting on Wednesda y night and
Cal :Vlarsella will be there to talk about FasTracks .
(iv) Mayor Bums advised that the Rail-Volu11 on Conference was cancelled because
of the events oflast week . They are trying to reschedule , he said, and Dire ctor Si mp son has told me he is
not sure the y will be able to. as it will be pretty tough to re sched ule a national conference like that .
(v) Ma yo r Bums noted that the lJ rban Land In sti tute Confrrence. to be held in two
weeks. that he was mvitcd to . is snll o n . That ma y a bit difficult . especially with an international ma yo r 's
comphcauon. as I don 't know how man y of them will be able to get there or will choose to co me .
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Englewood Cily Council
September 17. 2001
Page 13
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(v1) .\!ayor Bums advised 1ha1 Darren Hollmgs "·onh 1s going to Ch, ago on th e 24 "'
10 speak al a Brown fields Co nfe rence on the City of Eng le wood's accompli s hment s .
(b) Co un cil ;\!ember's Choice
(1) Council ;\,!ember Garrett :
I. He said he wanted 10 mention that there are two candidate forums comrng up tlllS week. The fir s !
one is tomorrow al 9:30 a .m. with the South '.'vtetro Realtors gro up and the re is o ne o n T hursd ay. al ab out
11 :30 a .m., wuh the C hamber al Englewood High School. Co un cil Member Bradshaw adnsed 1hat ii will be held at th e A VS Re staurant .
Cou ncil Member Yurchi ck asked where 1he forum will be held tomorrow . Council \!ember Garren
advi sed 1ha1 u will be a1 Mineral and Broadway on !h e nonheast co m er.
Co uncil Member Brads ha w noted that acruall y that 1s an 1111erv1ew. an m1en·1e\\ for fundm g. "uh 1h e ou1 h
Metropoluan Board of Rea h ors.
2. He s taled he wa s somewhat s urpri sed al 1he numbers fo r th e Bate s sta11 on. I don 't kn o w" hei her
an yo ne el se was surpnsed a1 the S~ mil hon pnce 1ag. he said . bu1 pan of our cha ll eng e o n ih e 29 •• ,s 10 loo k
at !he funds we have available . our budget limm and then try to make th ose numbers fi1 o ur budge!.
.\1a yor Bums opined that there is some room in there for so me changes and so me sa vmgs . \\'e son o f go1 a
him of 1lus when we went down and spoke before the So uthwest Co rridor Comminee. he sa,d , becau se a
number was flipped on the table tha1 kind of jolted us a bit , because we had no idea tha1 they \\·ere lo okm g
at th ose kmd of numbers . I think there are things we can do wi1h this. he said. and it is not easy, bu1 I 1hmk
we can ge l this done. I think the board really is supponive, he said, and I think the step proces s the y
described 1s pretty clear on how we can approach this and get mo vi ng along on it. '.'vtayor Bums stat ed u 1s
nm easy and none ofus are terribly pleased with how expensive it looks like that is goi ng to be.
(i1 ) Council Member Bradshaw:
I. he advised Cu y Manager Sears tha1 \\e probabl y need to call Heather Hum and Paige Brads ha w.
who appeared before us , and let them know that , if Council is gomg to contr1bme. we will probabl y
contribute ind1v1duall y. Or. s he asked, should we contribute as a gro up .
Council :'vtember Nabholz felt Co un ci l sho uld contrib ute as a gro up .
Council Member Yurchick opined that at our budget meeting we should se t a side X amoum of dollars in
our contributions for this type of thing . I mean we rum down one person . he said, and I hate 10 select
another. for whatever reason. But if we have so me fund s set aside, it make s it a little eas ier 10 make th e contributions .
Council Member Bradshaw said, then, it would be first come, firs, served. Council Member Yurchick said that would be correct.
Mayor Bums said he thought that was an excellent suggestion, because we ha ve been in kind of a diffi cult
position of choosing one and not the other and for no real reason, necessaril y, as to why we are making the distinction .
Council Member Yurchick suggested they might consider splitting it in half. half the first half of the year
and the other half the second half of the year .
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Englewood Cily Council
September I 7, 200 I
Page 14
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Council Member Brad haw agreed, as there are man y programs that are imponant. Because. for instance.
she asked, how do you pick the Arthritis Foundauon over the Race for the Cure . You j ust can·t. So I
agree , she said . and I think we probabl y need to come up with a polic y statement
Council Member Garren said , from my perspective . "hen I aw this I didn ·1 thmk we would contribute as a
Council and so I made an individual decision as to whether I was going. to s uppon thi s or no t.
'.\1ayor Bums asked Council if that wa s their consens us. that Counc il should make indi vidu al de cis ion s on
this .
Council Member Bradshaw opined that , on this one. the y need to make indi"id ual decisions . She ga,·e C1ry
Manager Sears their phone number. She said that wa s the ir contact and the y called her at ho me to giv e her
the number.
In response to City Manager Sears. Ms . Bradshaw confirmed that he should call them and let them kn o"
that Council will contribute individually .
2. She noted that Counci l keeps bringing back. and talkmg about. the '.\1ile High Ho usmg Fund .
was talking to Cheryl St . Clair today, she said , and 1 was asking her what we cou ld do loc all y. I am not
against panicipating in this housing fund. she said. but when we 're looking at a bud ge t run ch an d th e)' re
looking at $250,000.00 for a board member, then 1 have a problem wnh that. And maybe "e do n 't ha \'e to
be on the board . But , she noted. the minimum conmbution 1s $50,000 .00 . I asked '.\1s . t. lair "ha1 "e
could do , in the Ci ty of Englewood, if Council contributed $50 ,000 .00 to the [fous mg Authorit y. he sai d
that would make ten down payments, for ten renters to tum them into ten homeowners . That 1s how mu ch
we could do on a local le vel. she said . This is just food for thought and 1 don't know that we ha"e to make
a decision this evening. My concern is that Englewood itself only makes up 2.6% of the whole conson ium
and we don't have the large amount of developable land that Aurora and Denver do and the y compnse 6 ° o
or 69%. So we would be giving money to the consonium and saying yes we believe in housmg . but no ne
of It would be coming back to Englewood, because we don 't have the land. My opinion is that th e
$50,000 .00 could be better spent . This 1s an Englewood pro1ect that we could do. with the same amo um o f
mone y. She asked that Council JUSt thmk about It. 1 thmk if we could rum ten renters mto ten homeowner s
for $50,000 .00, she said, then that 1s a deal.
Mayor Burns commented that he thinks pan of that question 1s what do we do with the other S700,000 .00
plus that we got out of this . We got a huge amount of money out oftlus, he said . Council Member
Bradshaw pointed out that it looks like we have a bill coming on a station . Mayor Burns said sure and 1
understand that. 1 have been called by the Metro Mayor 's Caucus and asked what they can expect and 1
told them fifty at the most . But, he pointed out, we got a very large amount of money out of the bonds .
much more so than ci tie s larger than we are and my position is that 1 would like to see us contribute at least
the nunimum. But. he said, I think we should take it up at the budget session and that would give us a
better chance to discuss it and give our opinions.
Council Member Bradshaw said she just wanted to let Counci l know that there are other a\'enues o ut there
and if we do $50,000.00 a year, for ten years , that would be 100 homeowners .
(iii) Counci l Member Yurchick noted that Chns Olson and lus staff gave a
presentation at the last ACE meetmg about the Building Depamnent and how the building permit proces s
and the inspection works and how the Fire Department ues into those inspecnons . I personall y found It
really informative, he said. because I didn 't understand how a lot of that srufftied together . [ thmk the
ACE group appreciated that too . But, he said, one of the tlungs that came out of u was that at the end of
each building permit process. Lance Smith sends out a Performance Survey. He read s them and uclc s
them in a notebook, but there is no tally. Mr . Yurchick s uggested that ma ybe he could do a sur\'ey. al ong
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Englewood Cily Council
Seplember 17, 2001
Page 15
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the Imes of the cinzen survey, where the information could be quantified, and maybe trends looked at and
problem areas idennfied. He po inted out that the info rmation is there, but it is not being put in the proper
format.
Council Member Grazulis agreed that that was a good idea because the y do get so many questions
regarding that process.
Mayor Bums agreed that that was a good idea.
13 . City Manager's Report
(a) City Manager Sears noted that Director Long had undergone surgery, but he ca me ba ck
to work today and he is doing quite well .
14 . City Attorney's Report
C ity Anomey Brotzman did not have any maners to bring before Council.
15 . Adjournment
The meeting adjourned at 8 :32 p.m .
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Campaign to Help County Res idents with
Mental Retardation
.....-=-------
• ( 'l 1 1 ~ll
I, 11,1
1
, --... _ .. _..,_,, _____ ~-.... ____ __
VOTE YES
ON4A
Perske Draw ing s
• These draw.ngs of real
~are used by
perm,ss,on of the artist,
Martha Perske
• TllCy are important t o the
Ca mpaign because they
oortr ay the 1ndMduahty and
humanity of persons w ith
m ental retardauon
Me nta l Retardation I""'
V'()lo,¥fl•s~~)
• Mental letitn'.loltlOrl IS • W'e,-.lonq
CondlllOf'I, an IQ < 10, ~
from birth throucJh 19e 2 1, ano """"'"''""'~ .. C...0.ol ...... ~ s-...
and ... .....
• """"'11 "1MdlUon ts often .. .,._ .. .......,,_ .. .-....... _btioc
functions "' -· -'bnc). '°"''"9 orwJ!o, 1-..;i ,_
tndMduats Gin ,~retv be lr:fl .....
Phone: 303 -739 -23 02
Fax : 303 -34 1-0382
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campaign to Help County Residents with
Mental Retardation
Funding for ~ with
Mental Retardation
• In 196), the CA*ndo __ .... _., __ _
fund>Ulrougll•-
_ ., __
""""-c..--• ~ado low (CIIS 27 -10.5)
a,thortle Oull:ie5 ID auess a
prape,,ty ti• not ID eceed I null
for serw::es to PffllORS wllh --·----.. h~rnetro-M!lla:iunties
....,. sucl'I • ma levy
--IOhelp!his....,.._ ...........
Cu rrent Need
• Due lO ripid pocJIMltOn g,owttl Wl -Cour1y--
Cllunly, -'°' -.... mentll mifdlCion NW f*in f•
__ .""_., __ --·191111;----...-"' ~bt:hea' .... ~wlfl --• Costs ol p,tMdng ll!l"WICe N--e
WOff>ecl .. ......, ...
• ""5"'t hos lonQ --.... lundinV otsls. 11u1 r.-.., -~··-"' .tddresi tNs IJ'OllllWl9 nef'd
Phone : 303-739-2302
Fax: 303-341-0382
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campaign to Help County Residents with
Mental Retardation
r ·1 , .. Ii ~
FOf lnd1v1duals with Me ntal
RetardattOn & TI1 en
Famili es. 1 M,11 .
•(.e,rp\•CholOor~~~
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soc6tli.en.::~~1,
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Phone : 303 -739 -2302
Fax : 303 ·341 -0382
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Campaign to Help County Residents with
Mental Retardation
Specific Use of Funds
•SeMCes fcx persons on t h<'
wa,ung List
•Recruitment and retentlOO of
ouahfood stall who support
vulnerable N"dMdoals
• As:Sl5"1:ed living apbons
•Transportabc)n QJJtoo s fOf
persons Wlt1'l ~al
retardatlOf'I
Why a Property Tax
Now~
• Neeck ol councy res,Oents w,11
contll"IUt to ootpace 5,tat , olnd
f(.'def~ ICS()uf(r\
• f~_.,.IO keepthetl'
~ child Of sbing •1 hOt'ne
Out.of-hornt p&lc:ements (O\l
thrtt IO ten l mn more th.!l n 111 -CM•
• Mor, INn 90lllt ol f!W,Y dolW
QOeS dftcttr for ~ (•\
,~ br • uniform st.ate w,oe
r.nancWIII...W:)
• Jht C\#Tenl Sysltm IS prov.,,
~and~l1 1\
ef'lec.1,ve And cosi ~IC"'11
Phon e : 303 -739 -2302
Fax : 303 -341-0382
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campaign to Help County Residents with
Mental Retardation
On Family's Story
•~t:9C"ftot condiC,ort-ct1 110
\yfflCIIOff'll VIU ttnt ~ bom
""°"'~latollCM -14,/1
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pl«ed.,. •U•st«I ....... resdentr
• 144J,J80 • TCUI ~ COIi f
p&«f'OinonedOWftSUlc
onUotv10'>\(f1o01Cr~c..,..-.t>1t:)
What will it cost?
The annual cost to property
owners ,s rnodest : tess tha n
l 25 on • S2SO,OOO home
\Home·, HSesMd COIi of 1 I w~IIHe Mill
1 100. S 9 1S ,,~. I I) 73
'100,000 ~
'1 ~.~ ll/88
1400,000 '36 bO
Calc ulation of tax :
• Example Residenti,1
Home:
"""kC!i V•lue $1!,0.000
w M!iCSsmcf'II rdtt 9 IS~
• Assessed value ,21 .us
,P,~m,lllev'f 001
• ""'1u.1J ta ,
dedlCdled to 11c1ii
pen.on~ w1111 mentd1 1.u.11 reta1dation
Phone : 303-739-2302
Fax : 303-341-0382
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Campaign to Help County Residents with
Mental Retardation
Accoun tability -Who
oversees the use or the
funds'
• a.....,. .. ,
o(OUl"llyCA:lmlffl'lll>nrf1.
• Non ·orof'll 19'"(~
• """'*-.ditslrtlffl (P4fotmcl'IOSoen
"""' .SUI,~
.r~anc:1~\
• No crNCion or expansion ol °"'Y --""""' • la•~SUy.,lhe COUn{)'
whtte U"Y .e col«ted 10 heto
counly r~
Election in W
November 200 I
• By unanimous vote. lhe
Commrssown "' both Douglas
and Ar~ count.es have
refe!!'rt!d a QurStlon on l he
~6ffllil·inbl"<)t
• l~ refetendum asks to, a I M•II
Praprrty t.• levy Oedic..lled to
netp l)Cf'SOnS with ~tat
re,tanlMion
• Tt\t Campaign 10 Help c1 sb 10,
yaur ¥Ole :
YESON4A
Phon e: 303 -739 -2302
Fax : 303 -341 -0382
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Campaign to Help County Residents with
Mental Retardation
How you can help ..
+ VOi~ YES ON 4A
+ Teti y0ur friends ~ netQhbof s
• H@fp us conuc, your qroups
• wn1e letters to the editor
+ (Atl in to r.oio taa. shcwrs
+ Put ~n in VOUf front ya,c,
+ VOluntee, ·--·~-Ille'...,,,
• Gfwe • Conlrb.ltion to the
C"'"'*9f'I totte'lp
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VOTE YES
ON 4A
Phon e: 303-739 -2302
Fa x: 303-341 -0382
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The Campaign to Help
Arapahoe and Douglas County Residents with Mental Retardation
FREQUENTLY ASKED QUESTIONS
I. Why is there a campaign'!
The County Commissioners in both Arapahoe Count y a nd Dougla County have ac ted un animously to
place a question on their respecti ve November 6. 200 1 ballots. The ball o t title in both counties is
"Helping County Residents with Mental Retardation:· and it asks voters for a o ne mill propert y tax to
assist county residents with mental retardati o n .
2. Who will be helped by this initiative?
All of the people helped by this initiative have mental retardation (known a lso as a development al
disability). Individuals with mental retardati o n have a n IQ below 70 . a nd in c lude people with Do \\'11
Sy ndrome, Autism. and Cerebral Pal sy . Mental retard a ti on is a lifel o n g disability. and thi s initiati, L' "ill
help a ll people with mental retardation . fro m infants to the e lderl y .
3. What about people "'ith physiul disabilities?
People with mental retardation often have o ne or m o re physical handicaps that further impair their nH1't )
basic functions of talking, walking. eati ng. and toi le ting. Example s include Cerebral Pa lsy . E pikp,~. ,1 11J
Spina Bifida. Such physical disabilities greatly compli cate th e demands of care for individua ls with
mental retardation . This initiati\•e does appl}' to indi\•iduals with such physical disabilities, but onh
if they also have mental retardation.
4. Ho"' will this initiative help people "'ith mental retardation?
ot so lo ng ago people with m ental ret ardation we re viewed as unfit or unable to participat.: in
com munity life, and were isolated in large. impersonal. a nd very expensive institutions. wc ·,·c come a
long way si nce then, as we learned that with proper s upport nearl y every s uc h indi,·idual can parti ci pat<:
and be productive in their home community . We also learned that most familie s want to be abk tn car<:
fo r their c hild at home, a nd tha t th e supports they need cost far le ss than instituti o nal or o ther o ut-o f-
home care . But in recent years there has been serious erosion in the supports a,•ailable to help
these individuals succeed in family and community life . This initiative is designed to restore tho se
supports.
5. Why is the campaign necessar}'?
a. Growth: Arapahoe and Douglas countie s have lo ng been among th e fa ste st gro" ing
countie s in America, and limited state reso urces have been able to hdp on ly a fraction of th..:
growing number of people with mental retardation in our local communities. Additional!). the
life expectancy of people with mental retardation has grown s uhsta nti all~.
b. High Costs: Costs of providing services have risen dramatically in r.:ccnt years, esp.:ciall) in
the areas of wages, hous ing, rent s, utilities, insurance, and transportati o n . At the same tim..:
Colorado has fallen to 45•h in th e country in overall funding for se rvi c ..:s for people with m..:ntal
retardation. Colorado is now far behind such states as Mississippi , West Vi rgi nia , Ok la ho m a and
New Mexico, which historicall y have ranked low in support for people with mental retardati o n .
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c. Funding Limit s : Legisla ti ve effort s to reverse thi s decl in e d urin g th e recent econo mi c bo o m
were impeded by th e 1992 TA BO R ame nd me nt to th e Colo rado Co ns tituti o n. w hi c h pl aced stri c t
limits o n s tate s pe nd ing . As a res ult of the se s pendin g limits. th e sta te legis la ture has bee n un ab le
to tac kl e th e hi g h leve l of unme t need of peop le wi th me nta l re ta rd at io n . It ha s become evident
that the only hope for restoring and sustaining reasonable levels of support and care for
people in our community with mental retardation is through s upport from Arapahoe and
Douglas eoun~' citizen s .
6. How does this referendum fit in with the TABOR amendment to the C olorado Constitution '!
T hi s is exactl y how TA BO R is s upposed to wo rk . T he prima ry purpose o f TA BO R (Tax pa yers Bill of
Ri ght s) is to s tri c tl y limit th e tax in g a nd spending a utho rit y o f th e Legis la ture. a nd shi ft th o c deci s io n,
directl y to vote rs . TABO R has s ucceede d in limit in g s tate s pending to he lp p eopl e w ith me nt a l
re ta rd a ti o n , a nd turnin g direc tl y to vote rs is j ust what TA BO R call s for whe n needs overw he lm a , ailahk
re so urces. T hi s mill levy request con fo rm s to both the s pirit and the le tt e r o f th e TA BO R a mendment.
7. How man y resident s of Arapahoe and Douglas County have mental retardation '!
I he doc um e nte d in c id e nce o f me nt a l re ta rd ati o n in th e U.S . is 1.58%. wh ic h indicates th a t ArapahOL'
Co unt y has 7 .98 1 peopl e w ith menta l re tard atio n . a nd Do ug las Co unt y has 2. 778 .
K. Do other counties ha,•e a dedicated mill lev~' for people with mental retardation '!
Yes . Do ug las a nd A rapa hoe co unt ies are th e o nl y two count ies in th e De n ve r Me tro area " ith no
lkd 1catc d mill levy to he lp peo pl e with me nt a l re ta rd a t io n . Jefferson . De n ve r. Adam s. a nd Bn u ltkr
o unti es ha ve had d e di cate d mill levy fundin g fo r m a n y yea rs . (A ra pahoe Co unt y ha s providcd , aluahk
,upport th ro ug h a nnua l gra nt s . b ut th e a mounts ,l\·ai lablc fo r th e se gra nt arc far bclo " \\ha t 1, ne.:dcd
toda ~ ).
9 . Wh)' is there no mill leV)' funding in Arapahoe and Dougla s C ounties?
Mi ll levy fundin g has no t bee n so ug ht in Arapa hoe a nd Do ug las co unti es before because s uch fundin ):l
ha s been ecn as a last resort th at s ho ul d o nl y be p ur ued if need s have overw he lm ed rc so urCL'' I ha t
po int has lin a ll y been reached .
IO . What is the authority to request the tax?
T he Co lorad o Devel o pme nt a l Di sa bilit ies Ac t, C.R .S . 2 7-10 .5-1 04 . pe rmits co unti es to asse ss up 1<1 o nc
mi ll for serv ices to pe rson s w ith develo pm e nt a l d isabilit ies (me ntal re tard ati o n ). T h is taxing :.iut h1,rit y
i.:xi sts in s ta tute o nl 'fo r deve lo me nt a l di sab ilit ies, a nd re present s recogniti o n by th e legis la t ure of th e
L'Xce pt io na l need s a nd c ha llen ge s face d by peo pl e with me nt a l reta rd ati o n .
11. What are the key needs of children with mental retardation?
Ear ly Int erventi o n a nd Family S upport a rc the serv ices of most importance to c hildren. Ea rl y
Int e rve nti o n se rves c hildre n fr o m birth to three . o ft e n in conjuncti o n with Famil y S uppo rt . Th .: goa l is to
provi d e c riti cal the ra p ies a nd o the r need ed serv ices directl y to th e c hild, while he lpin g th e fa m ily le a rn to
adj us t to th e need s of the c hild and to become s kill e d in th e s peciali zed de mand s o f care th a t th e ir c hil d
re quires . It has been d oc umented time a nd aga in that s kill ed he lp in th ese e arl y years o f developme nt
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pays huge di vidends in minimi zi n g the severit y of the chi ld . handicap , stabi li z ing families , and
reducing the costs of future care . After age three. Famil~ upp rt continues to assist families as needed
to learn about a nd adjust to their c hild 's c hangin g need a the child grows .
12. What are the ke}' needs of adults with mental retardation?
Most adults with mental retardati on want -and need -to participate in family and community life
Families also want this for their adu lt children , but it i often a full time demand that far exceeds their
personal and financial re so urces . To sustain family li fe these indi vid ual s may need programs during the
day so their parents can hold jobs. o r the family ma y need direct help in coping with the 24/7 demand s of
physical care or behavioral challenges. To have an acti\'t: community life these adults need s killed he lp
in finding and training for jobs, learning to use public transpo rtati o n (where available). a nd learnin g the
skills necessary to participate in no rm a l community ctting like tore s. th eate rs. park s. and re staurant s .
13. Where do people with mental retardation li\•e if the~· can't stay at home?
This problem is most acute in families where aging parents can no lo nge r provide ca re a t ho me for th eir
adult children with mental retardati on . Ass isted livin g settings a re th e be t opti o ns. which may be in
homes. apartments. or with host families . However. s uch cttings are co . tly a nd \\a iting li sts arc vc~
lo ng . It is common for families to wait 5 to 10 years for funding to become avai lab le for an ass is ted
li ving setting . Therefore. providing additional services a nd . uppo rt s to families become s even mon:
important so that ho me care can be sustained .
14. Ho"' many people in Arapahoe and Douglas counties need help?
C urrent stati stic s reflecting Arapahoe and Dougla . count~ 11.:ed and service~ arc as folio\\
,_ _______ ..,
People with
Mental Reta rd ati on
Peo ple Receivi ng
Se rvi ces
People on
Waitin Lisi
Arapahoe -
1
Do,gl,s ~
Count\' Count v
.981 2.778
990 277
1,006 386
rJ1e waiting li st in Arapahoe a nd Douglas co unti e ha . grown 94° o in the last l\\o years a lo ne. and that
trend con tinue s .
15. If the mill le,•y passes, will sen·ices he available 10 everyone who needs them'!
The s ize of the waiting li st will be reduced dramatically . but it is unlikel y to be fully e limina ted . Many
hundreds will be served, howe,•er, and mill le,•y funds can be targeted toward helping those with
the greatest needs who currently receive little or no help at all.
16. Doesn't the State ha,•e institutions to take care of people with mental retardation'!
Colo rado operates three small state institutions -in Wheat Ridge , Grand Junc tion and Pueblo .
State institutions serve on ly a few people with the most ex treme physical or behavioral challenges . All
an: at capacit). and none an: accepti ng new r.:sident s .
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17. Wh)' can't the state pro,•ide additional institutional care?
Institutional care is enormously expensive, more than ten times the cost of supporting an individual in
his/her family home. More importantly. however. the philosophy of helping people with mental
retardation has changed dramatically over the years . No longer are the y routinely in s tituti o na li zed .
In stead. every effort is made to keep families together. This a pproach has strong s uppo rt from th o u sand ~
of families who want their child or sibling to be able to stay in the family home . As with anyone. the
quality of life for persons with mental retardation is greatly enhanced by li vi ng with th o se who lo , c
them.
18. How arc services and supports for people with mental retardation pro,·idcd in our
community?
In 1963 the Colorado legislature passed a law (C.R .. '2.7-10 .5) e tabli sh ing a count y/multi coun ty-ha sed
sys tem of non-profit agencies called Community Centered Board s (CC B ) to coordinate and provide
services to individuals with mental retardation and their familie . Thi s model is unique in the United
States. in the degree to which local communities define a nd contro l servi ces a nd s uppo rt s for peopk
with mental retardation . The model fosters efficiency and effectivenes. by empowering loca l
communities to tailor the use of Medicaid and o ther funds in a public/pri va te partnership . As a rcsult
Colorado is recognized nationally for doing more with le ss. a nd for strong local communit y c ngagemcnt
and investment in the welfare of people with menta l ret ardation .
19. Do Arapahoe and Douglas counties ha,'e the same Communi~· c~ntercd Board'!
Ye s . Developmental Pathways has been the de signat ed CC B for hoth Arapahoe a nd Douglas ·,,un tiL''
s in ce 1964 . It is Pathways· role to plan and coordinate services. a nd ensure that se n iccs ,uch a, li fe·
s kill s training, job training. senior day care, infant and todd ler interventi o n . re spi te ca rc . ho u,1n g Jnd
community living. transportation and others arc a,·ailable fo r pe o pl e with me nt a l retardation . ln di, ,Jua l,
and their families are allowed to choose the service provi der(s) that be st meet. their unique need s. fr o m
a n ex te nsive network of community agencies including Deve lopmental Pathways .
20. Wh)' can't additional State and Federal monies be used to provide the· hdp needed'!
Medicaid is the primary funding source for most me ntal retardation sen ices . exce pt for school , 1,l'i1<1,1l
programs will not be funded by this initiative). Medicaid is a federal program whereby sta te ~ can rcccl\ L'
approxi matel y one dollar of Medicaid fund s for each doll ar of sta te fund s appropriated for a varii:t, of
health a nd human services needs . While State funding for Medicaid mental retardati o n se n icc:s intrC,hL''
so mewhat each year. TABOR has greatl y limited these increases . s a re s ult . funding ha s no t kept pace
with costs for existing services or with population gro wth . especia ll ) in Dou g la s a nd Arapahoe: C(H 1nt 1c,
whe re growth and the cost of living arc so high .
21 . Why is there a financial crisis now'!
Costs of providing services for people with mental retardati o n have ballooned . and po pulation gro " th in
Douglas and Arapahoe counties has been explosive . This combination ha s stretc hed savices to the
breaking point. This can most clearl y be seen in the experience of the loca l Communit y Cent..:ri:d Hoard .
Developmental Pathways . Pathways has operated in the black for the pa st 16 yea rs . and ad mini ~tra ti, L'
costs hav e been kept exceptionally low -only 7% of all costs for the fi scal year ended .lune: 30. :mo I .
De s pite thi s hi story of efficient resource management. a watershed was reached thi s pa s t year. and
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programs could no lo nger be sustained with available funding . A large deficit re sulted . Reason s for thi s
deficit include the rapid local increases in population. mandated state and federal regulation s. wage
inflation which required higher wages in order to staff programs, and ri s ing rents. utilities , and fuel
costs. Si milar problems c.:xi st for o ther agencies serving people with mental retardation in Arapahoe and
Douglas counties.
22. Who is accountable to ensure that tax monies are used efficiently and effectively to help people
with mental retardation?
As with any county tax . the county is ultimately accountable . There a re additional accountability
mech ani sms. however. that will aid the county in performing its oversight re spons ibilities. All property
tax funds are remitted to the County. which in tum detem1ines how to distribute funds through
a uthori zed service agencies . Hi storically, counties have elected to use Community Centered Boards for
thi s purpose. but the manner of distribution is up to each county . Typically. counties require budgets and
reporting on expenditures and results for the fund s the y allocate. and this kind of ac.countability would
be expected (it has long been in place for Arapahoe County grants). Additionally, there are man y o ther
vehicles which e ns ure accountability. Program accountability is assured by: the families o r g uardi a ns
of the individual s served: a legally-mandated Family Support Council comprised of family m e mbers: a
committed volunteer Board of Directors of the Community Centered Board. which includes many famil~
members : the Arc , an independent advocacy agency: and the State 's extensive Quality Assurance
process which makes in-depth field evaluations of every program provided by CCBs and serv ic e
agenc ies. In addition to budgets and report s direct ly to the Count y. Financial accountability includes a n
annua l audit of the CCB by one state-se lected auditor wh o a udits all CCBs us in g uniform a udit criteria
s ta tewide . The scope and rigor of thi s independent financial review is unmatched in any o ther area of
huma n se rvices.
B. lhoters reject the mill le,•y, what happens to people no"' being sen•ed?
A Yulnerable population will become even more so . Proj ected cuts include :
• Reduce the number of infants and toddler rccciving Ear ly Interventi o n and Family Support.
• C lo se some assisted living programs . and limit future re sidential opti o ns .
• End the fi ve-day service week for day programs. reducing to four or even three-day week s .
• Cut back on direct personal contacb and upport for individual s a nd familie s .
• Reduce the scope and frequenc y of monitoring program quality.
• C urtail the availability of tra nsportation to and from jobs for adults .
24. lhoters reject the mill levy, "'hat happens to people on the waiting list?
lndi,·iduals o n the waiting li s t -the majority of whom are children -will have little hope of receiving
help. Expe rience s how s that for so me families the result will be extreme: family disintegration , divorce.
and eve n abuse o r neglect as families or s ingle parents struggle with relentless and overwhelming
demands of care in a context of personal isolation . Failure to provide a safe, effective and cost-efficient
a pproach to helping indi vid ual s with mental retardation and their families will push more families into
crisis. and will drive high costs for emergency intervention and costly out-of-home placements .
25. Does this initiative create or expand any government agency?
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26. Will my tax monies be used in other counties?
No . Tax monies wi ll be used only to help residents o f the county whe re the y are coll ected .
27. What will the cost be to homeowners '!
A one mill property tax will amount to an annual levy of about $20 o n a ho me with a m a rk e t ,•a lu e of
$200,000 -less than the cost of a dinne r o ut. The table below prov ides mo re inforn1ati o n .
Assessed Value Annual Cost
of Home of I Mill
$100,000 S 9.15
$150,000 SIJ.73
$200,000 Sl8.30
$250,000 $22.88
$400,000 $36.60
28. There are many needs out there, from traffic and growth to the environment. Why should I be
concerned about the needs of people with mental retardation now?
While there are many issues and causes competing for you r tim e and att e nti o n. thi s o ne ha s a sense of
urgency due to the timing of the November e lec ti on . Yo ur atte nti o n a nd vo te now w ill produce a
tre mendous re turn for the future of count y residents " ith me nt a l retard ati o n. O ur request fo r s uppo r1 h a s
a very modest cost. requires o nl y a o ne -t ime ac ti on from you -your vo te. a nd\\ ill pro v ide he lp for
peo pl e with me nta l re ta rdati o n fo r years to come .
29. When is the vote?
A ll e li gible vote rs will receive a mail-in ballo t soo n afte r October 12 th . Ballots must b e re turn ed to th e
county clerk by 7 p .m . o n Tuesday , Novembe r 6. 200 1. T he registra ti o n deadli ne is October 9
1
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30. How can someone volunteer or get more information?
Contac t Th e Campaign to Help Co unty Res ident s with Mental Re1ardation. 11111 E. Missi ss ippi Ave ..
Aurora, CO 8001 2 Pho ne : 303-739-2302 Fax : 303-3 41-038 2 E-ma il : cq huntra ia tt .net
31. How can I contribute to the campaign?
Send a donati o n to The Campaign to Help a t th e a bo ve add re s . T h e re i no do ll ar lim it o n contributi o ns
fo r Colorado issues e an1paigns .
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County Residents with
Mental Retardation
Artwork rc•printed by per mi ssio n of Martha Perske from PERSKE : PEN CIL POR TR AITS
197 1-1990 (Nas hvill e : Abingdon Pr ess, 199 8).
VOTE YES
ON4A
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County Residents with
Mental Retardation
Artwork r(•print0rl by p e rmission of Martha Pe rske from PERSKE: PENCIL PORTRAITS
197 1-1 990 (Nashville: Abingdon Pres s. 1998).
VOTE YES
ON 4A
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Perske Drawings
+ These drawings of real
people are used by
permission of the artist,
Martha Perske
+ They are important to the
Campaign because they
portray the individuality and
humanity of persons with
mental retardation
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Mental Retardation ca1so
known as Developmental Disabilities)
+ Mental retardation is a life-long
condition, an IQ < 70, acquired
from birth through age 21, and
includes such diagnoses as
Cerebral Palsy, Down Syndrome,
and Autism
+ Mental retardation is often
accompanied by serious physical
disabilities that impair basic
functions of eating, walking,
talking and/or toileting. These
individuals can rarely be left
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Funding for Persons with
Mental Retardation
+ In 1963, the Colorado
Legislature authorized the
allocation of State and federal
funds through a county-based
system of local non-profit
Community Centered Boards
+ Colorado law (CRS 27-10.5)
authorizes Counties to assess a
property tax not to exceed 1 mill
for services to persons with
mental retardation
+ Arapahoe and Douglas counties
are the only metro-area counties
without such a mill levy
dedicated to help this vulnerable
population
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Current Need
+ Due to rapid population growth in
Arapahoe County and Douglas
County, supports for persons with
mental retardation have fallen far
below needs
+ The population of individuals with
mental retardation is aging; elderly
parents are increasingly unable to
care for their adult children with
mental retardation
+ Costs of providing services have
increased at alarming rates
+ The State has long recognized the
funding crisis, but TABOR has
restricted Colorado's ability to
address this growing need
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Profile of County Residents with
Mental Retardation
as of July 2001
People currently Arapahoe Douglas
receiving help County County
Living at home with 746 273
varying degrees of support
Assisted living, round-the-244 4
clock care
Total receiving help 990 277
I People waiting for help 1,006 1
Population with mental
retardation (Basis:
Documented 1. 58°/o 7,981 2,778 incidence in U.S .
population)
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Profile of County Residents with
Mental Retardation
as of July 2001
People currently Arapahoe Douglas
receiving help County County
Living at home with 746 273
varying degrees of support
Assisted living, round-the-244 4
clock care
Total receiving help 990 277
I People waiting for help
Population with mental
retardation (Basis:
Documented 1.58°/o 7,981 2,778 incidence in U.S .
population)
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For Individuals with Mental
Retardation & Their
Families, 1 Mill ...
• Keeps a child or sibling at home,
rather than in costly foster care or
social service settings
• Helps adults find and hold
community jobs to live as
productive citizens
• Provides senior day care so that
working families can care for their
aging child or sibling at home
• Provides intensive services for
infants/toddlers -minimizing future
disabilities and costs
• Reduces long waiting lists
• Develops services through existing
non-profit networks, including the
authorized Community Centered
Board
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Specific Use of Funds
+services for persons on the
Waiting List
+Recruitment and retention of
qualified staff who support
vulnerable individuals
+Assisted living options
+ Transportation options for
persons with mental
retardation
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Why a Property Tax
Now?
+ Needs of county residents will
continue to outpace State and
federal resources
+ Families want to keep their
aging child or sibling at home.
Out-of-home placements cost
three to ten times more than in-
home care
+ More than 90°/o of every dollar
goes directly for supports (as
reported by a uniform state-wide
financial audit)
+ The current system is proven,
capable and accountable. It is
effective and cost efficient
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One Family's Story
+ Severe genetic condition with no
symptoms until three children born.
All now require total care -24/7
+ Committed parents determined to care
for their children at home
+ In-home supports are provided so the
parents can work and maintain a
strong, loving family life
• $63,648 -Total annual cost for in-
home supports for all three children
• $264,504 -Total annual cost if
placed in assisted living residence
• $442,380 -Total annual cost if
placed in one of three State
institutions (if space were available)
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What wi 11 it cost?
The annual cost to property
owners is modest: less than
$25 on a $250,000 home
Home's assessed Cost of 1
value Mill
$100,000 $ 9.15
$150,000 $13.73
$200,000 $18.30
$250,000 $22.88
$400,000 $36.60
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Calculation of tax:
+ Example Residential
Home:
Market Value $250,000
x Assessment rate 9.15°/o
= Assessed value $22,875
x Proposed mill levy .001
= Annual tax
dedicated to help
persons with mental $22.88 retardation I
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Accountability -Who
oversees the use of the
funds?
+ Oversight by:
• County Commissioners
• Non-profit agencies
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• Annual audits from CPA firm chosen )
by State
• State agencies
• Families and guardians
+ No creation or expansion of any
governmental agency
+ Tax monies stay in the county
where they are collected to help
county residents
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How you can help • • •
+ Vote YES ON 4A
+ Tell your friends and neighbors
+ Help us contact your groups
+ Write letters to the editor
+ Call in to radio talk shows
+ Put sign in your front yard
+ Volunteer
• Phone Bank
• Handing out literature
+ Give a contribution to the
Campaign to Help
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Election in
November 2001
+ By unanimous vote, the
Commissioners in both Douglas
and Arapahoe counties have
referred a question on the
November 6 mail-in ballot
+ The referendum asks for a 1 Mill
Property tax levy dedicated to
help persons with mental
retardation
+ The Campaign to Help asks for
your vote:
YES ON 4A
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PUBLIC COMMENT ROSTER
AGENDA ITEM 7
UNSCHEDULED VISITORS
OCTOBER 1, 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.
PLEASE PRINT
NAME ADDRESS TOPIC
CCS1GN1
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PROCLAMATION ,CV:~
WHEREAS, fire deaths due t o smoke inhalation outnumber fire deaths due ~~
to burns by more than two t o one : a nd
WHEREAS, s moke detector s a re o ur first line of defense agamst fire and research
shows that having a s moke detector cu ts t he risk of dying in a fire nearly in half; and
WHEREAS , eve n though 90% of U.S . Homes have at least one s mok e detecto r . estimates show
that about one-th,rd of a ll homes that have fire s have s moke detectors that a r e not working ,
us ually beca u se of dead or m1 ssmg batteries; and
WHEREAS . t h e Na tion a l Fire Alarm od e reqwres s moke detector s o utside each s leep ing a r ea
a nd o n each leve l of the ho me a nd r eco mme nd s testmg s moke det ect o r s a t least once a mon th :
and
WHEREAS, a s moke detector with a d ead batte ry ca nnot prot ect u s fr om dead ly -moke and
fir e : so it is important t o .. ch a n ge your batteries wh e n yo u change your cloc ks in t he s pring and
autumn ;" a nd
WHEREAS , Exit Drills in the Home. o r EDITH . sh o uld be pracuced reg ul arly t o ns ur we Get
O ut Alive ; and
WHEREAS . the Englewood Safety S e r vice -Departme nt, FU"e D1v1 si on ts ded icated t o ,a nng
life and property fr om the deva tatmg effects of fir e ; a nd
WHEREAS , those me mbe r s of the fire se rvi ce a re Join ed by othe r co nce rned ci tize ns of
Engle woo d . as well as bus inesses. sc hool s , se rvi ce clubs a nd orga ruzations in their fir e safety
efforts: a nd
WHEREAS, the loca l efforts of the Englewood Fire Division are s upported by the acti v1t1es of
organization s s uch as the Am erican Red Cross, the Congressional Fire Services Institute . t he F1r
'.\i a r s h a ls Association of North America, the Fire Safety Educators of Co lorado. the lnte rna tt on al
Assoc1a t1 on of Arson Investigator s, the International Associa ti on of Fire Chiefs . the International
Association of Fire Fighters , the International Association of Black Professional Fire Fi ghte r s. t he
Nationa l Association of State Fire Marshals . the National Fire Protect io n As socia tion , the
Natio na l Vo luntee r Fire Co unci l a nd the Uruted States Fire Administration :
NOW THEREFORE, I , Thomas Burns , Ma yo r of the City of Englewood . Co lo r ado. he re by
procl:um t he week of October 7th through 13th. 2001 as:
FIRE PREVENTION WEEK
which co mmemorates the great Ch icago Fire of 18 7 1, whi ch killed 250 perso ns . le ft 100,000
home less a nd destroyed more than 17 ,400 buildings . And ca ll up on the citize ns of Englewoo d .
Co lorado to pa rticipate in fire preve ntion activities at home , work and school and to heed t he
message : "Cover the Ba ses-AND -Strike Out Fire!'' as the 2001 Fire Prevention Wee k the me
s uggests . ~---. ' •. GIVE'.'/ unde r my hand a nd seal this 1st day of Octo ber, 2001. I • 0
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PRO C LAMATIO, ~ ~
WHEREAS . world population stand s today at more than 6 1 billion a nd 10 crease~ ~
by som e on e b1lhon every 13 year s , and ;~ r
WHEREAS . the most sig nificant feature of t h e 20 1h ce n tur y phe n o me n on of unprecedented world
populat10n growth was rapid urbanization ; and
WHEREAS . cities a nd urba n areas today occ up y onl y 2% of the earth's land . bu co ntatn 50 "'o of
its popula ti on a nd co n s um e 75 % of its re so urces; a nd
WHEREAS . the m ost r apid urban growth over the next two ecad s 1s e xp ct ed 1n cn1 es wnh
population s r ang10g fr om 250.000 t o one million : a nd
WHEREA S. a long with ad\'a ntages and a m enities, th rapid 1rrowth of cm e , I ,1d, o ,uh,t:1ntwl
pressure on thetr tnfrastructure . manifested m sanitary . health Jnd cnm e prohl(•m s as wdl u, 1n
d et e rnng the provisio n of ba sic social services : a nd
WHEREAS . in t h e inte r est of n a ti on al and e nnronru e ntal -ecur1ty n a ti on s must r >d oubl ,;
voluntar y and humanitarian efforts to s tabil ize their populatton ~owth a ,u;at :11n ,1bJ,, 1 ,·ek whtl ~
at all t 11n es r es pect10g the cultural a nd r e hg10 u s beh,;fs and \'::tlue, of h 1r c11 1z·n~ and
\VH EREAS . World Po pulat10n Aware n ess Week wa~ procla im e d Ia -ye::ir by :'-l a~·o r . of ll5
L:01t e d States c1t1es , as we ll as Gove rnor s of 3:? states a n d wa,; co -s pon o re d by :!3 1 o r!(an1 z:Jt1 o n~
of 63 co untn es; a nd
WHEREAS , in :WO l the the m e fo r World P o pulation Aware n ess Week 1s "Po pulauon a nd the
Urba n Future":
~0\.\1 T HEREFORE , I. Thom as J . Burns , Mayn r of the City of Engle wood. Co lor ado, h e r e by
proclaim the wee k of October 21st through 27'h. 2001 , as :
WORLD POPULATION AWARE~ESS WEEK
10 the City of Englewood . Co lora do . I urge all of ou r citizens t o take cogni za n ce of thi s eve nt a nd to
particip ate appropriately in its ob se rvance .
GIVE~ unde r my h and a nd seal thi s I t day of October. ZOOL.
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BY AU THORITY
ORDI NANCE NO ._
SERIES OF 2001
COUNCIL BILL NO. 61
INTRODUCED BY COUNCIL
MEMBER~~~~~~-
A BILL FOR
AN ORDINANCE AM.ENDING TITLE 1. CHAPTER 7 , SE CTI ON 2 : TITLE l ,
CHAPTER 7A , SECTIO NS 14 AND 15 , OF THE ENGLEW OO D MU NI CIPAL CODE
2000 PERTAINI NG TO J URISDICTION . POWER.
WHEREAS . the r e is a judicial need to assess some a t -ri sk . de linque nt juve nil es t o
aid the Court in taking appropriate action; and
WHEREAS . this Ordinance will clarifiy the current ordinance with r espect t o
parental responsibility for an assessment; and
WHEREAS, the passage of this Ordina nce h e lp s imple me n t a process for cr oss
agency information sharing;
NOW . THEREFORE , BE IT ORDAi. ED BY THE CITY COCNCIL OF THE CITY OF
ENGLEWOOD. COLORADO . AS F O LLOWS :
Sectjon l. The City Co uncil of t h e City of Engle wood . Co lor a do h e reby a m e nds T itle
1, Chapter 7 , Section 2 , of the Engle wood Municip a l Cod e 2000 . to r ead a s follow s:
1-7-2: Jurisdiction. Power.
A. The Municipal Court s h a ll have origmal Jurisdiction of a ll ca ses a rising unde r
the Co de of Ordina n ce of t h e City with full powe r t o carry the same into
e ffect a nd to pumsh vio la tion s the r eof by the imposi tion of s uch fines a nd
p e n a lties as in s uch Cod e provide d : it sh a ll h ave a ll powe rs incident to a
court of r ecord in r e lation t o the attendance of witnesses, the punishme nt of
co n tempt. issu a n ce of warrants a nd enforcing of orde r s of the Court.
B .
c .
De fin i tio n: Mis be h a vior of a ny pe r son in the presence of the Co urt, or
m isbe havior so n ear thereto as to ob struct the administration of just ice .
m is be h a vi or of a n y officer of the Court in his officia l transactions a nd
diso be di e nce or r esistance of any pe r son or interference with any lawful
process, orde r , rule , or command of the Englewood Municipal Court or a n y act
or omission d esigna ted as contempt by this Cod e or the Colorado Munici p a l
Co urt Rules of Procedure sh a ll constitute conte mpt.
In Presence of Court: When conte mpt is committe d in the presence of the
Englewood Municipal Court, it may be punish e d s ummarily . In s uch a case ,
a n orde r shall be m a de reciting the facts constituting the conte mpt,
adjudgmg the co ntemne r guilty of co ntempt a nd prescribing the punis hme nt
the r efor .
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COUNCIL COMMUNICATION
Date Agenda Item Subject:
October 1. 2001 10 a i Ord. Amending Title 1-7-2
INITIATED BY: Municipal Court I STAFF SOURCE: Tamara Wolfe
Court Administrator
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
To continue to improve appropriate service le vels and programs av ailable t o th e Court.
RECOMMENDED ACTION
The Municipal Court recommends that Council ad opt a bill ior an ordinan ce amending Title 1-7 -2 of
the Englewood Municipal Code pertaining to Jurisdi ction and Power of the Court.
· BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
There is a judicial need to assess some at-risk or delinquent juve niles prior t o determining if it is
appropriate for the Court to accept a plea . This amendment w o uld ex tend th e Co urt 's authorit
within this limited scope. It further clarifies the curren t ordinan ce with respect to parental/guardian
responsibility for ensuring an assessment is obtained. In additi o n . utilizing th e IU\ en1l e
Assessment Center aids in implementing a process for cross agencv iniormat1on sharin g.
FINANCIAL IMPACT
None
UST OF ATIACHMENTS
Propos ed Council Bill No. 61
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D . Ou t of Presence of Co u rt : Wh e n it a ppear s t o the Co urt by m otio n s upporte d
by affid a vit t h a t a co nte mpt h as bee n co mm itte d outs ide of t h e presen ce of
the Co urt, the Co urt m ay e x p a rte order a cita tion t o iss ue to the p e r so n so
charged to appear a nd s h ow cause a t a t im e design a t ed why h e/s h e s h a ll n ot
be punis hed there for . H owever . in the ca se wh e r e a pe r son fail s to ap pe a r at
a co urt h ear ing a ft er be ing orde r e d to do so by a prope rl y e xec u ted d oc um e nt.
e ithe r the Co urt s u a s p onte or on m oti on . m ay orde r s u ch citation s uppor ted
by a cop y of the e xe cute d document requiring a tte nd a n ce in lie u of t he
affidavit. The citation and a cop y of the s upporting d oc um e nts s h a ll be
served upon s uch person a rea sonable time before the time des ignate d , or , if
the Court s o orders, when the citation is iss ued or the rea fte r . a warra nt for
his/her arrest may is sue to any p eace officer. Such wa rra nt s h a ll fLx the time
for production of the person into Court. The Court s h a ll direct b y
endorsement thereon the amount of bail or bond r eq uire d . Such p e r son s hall
be discharged upon delive r y to and approval of a n y pea ce offic e r or clerk of a
court of record, so designated by a Police Chief, s heriff, or judge of a court of
record of a bond corres ponding to the require me nts establis hed by the Co urt.
If he/s he fails to make bond . he /s h e s h a ll be k e pt in c u stod y s ubject to a n
order of the Court.
E . The Court shall hea r evi d e nce for a nd agains t the perso n ch a rge d a nd it m ay
find him/her guilty of conte mpt and by orde r prescribe the punis hm e nt
the r e for . The maximum punis hme nt that can be imposed is as is set fort h m
Section 1-4-1 of this Code. Howeve r , in impos ing punis hment for contempt on
minors , the Court is not limite d to the r estrict10n s of subsection 1-4-18 of
this Code but cannot a djudge confinement in e xce ss of forty-e ight (48) h o urs .
Also , the Court may impose co s t s of the contempt proceedings.
F . No Contact Orders Pri.or to Tria l:
1 . For the purpos e of this Se ction the foll owing de finition a pplies: No
Contact Order · an order i ssued by the Judge of the Englewood
Municipa l Court prohibiting a person from initiating any conta ct with
another person at any place or through any means designated in the
order for a period of time de signated in the order. However, a
restricted contact can be provided for in s uch order unde r limited
conditions, time s , place s , and circums tances .
2 .
3 .
4 .
The Judge of the Englewood Municipal Court may , in his /her
discretion for good caus e s hown . issue a No Co ntact Orde r a gains t
defendants before trial when the iss uance of s uch order is t o prote ct
the safety of persons or prevent damage t o prop e rty .
The Municipal Court Judge may require a s ure t y bond to e n s ure that
said defendant shall obey the No Contact Orde r . U p on a viol a tion of
the No Contact Order by the defendant, the Co urt can orde r forfeiture
of the bond.
Each violation of a No Contact Order 1s a sepa rate conte mpt and can
be punished as provided in subsection E of this Section.
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Restroini,u: Orders:
1. The Judge of the Englewood Municipal Court may , in his/her
discretion , issue temporary and permanent restraining orders to
prevent domestic abuse whether or not such relief could be obtained
in a domestic relations action filed in a district court.
2 . Action to obtain such relief is initiated by filing a complaint, duly
verified , alleging that the defendant has committed acts constituting
domestic abuse against the plaintiff or a minor child of either of the
parties. Upon the filing of such complaint after hearing the evidence
and being fully satisfied therein that sufficient cause exists, the
Municipal Court Judge may issue a temporary restraining order to
prevent domestic abuse and a citation directed to the defendant,
commanding the person to appear before the Court at a s pecific time
and date, to show cause, if any, why said temporary restraining
order should not be made permanent.
3 . If, at the hearing held by the Municipal Court Judge upon the filing of
s uch complaint, the defendant is present and participates in the
hearing, the Municipal Court Judge if otherwise satisfied proper
cause ts s how n , may issue a permanent r estraining order.
Jl Ju,r.enile Evafoation :
I . The Judge of the Englewood Mumcipal Court may in bi s/her
discretion order a juvenile to obtam an evaluation from the 1s•h
Judicial District Juvenile Assessment Center.
~. Action to obtain such relief is initiated by filing a complaint duly
verified alleging that the defendant 1s a juvenile that is at risk
and/or a delinquent. Upon the filing of s uch complaint after hearing
the evidence and being fully satisfied therem that sufficient cause
exists the Municipal Court Judge may issue an order to have the
juvenile obtain such an evaluation.
Sectjon 2. The City Co uncil of the City of Englewood , Colorado hereby amends Title
1, Chapter 7A , Section 14 , of the Englewood Municipal Code 2000 . to read as follows :
l-7A-14: l111paei•ia11 af 8e11•e11ee Probation.
Any person who pleads guilty or no contest, or is convicted of a violation of
any provision of this Code , may as hereinafter provided , be placed upon supervised
or unsupervised probation by a Municipal Judge for a term not to exceed one year.
Probation status may be m lieu of or in addition to any fine or jail sentence imposed
for the violation and may mclude the alternatives in sentencing set forth in l-7A-15
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Section ) . The City Council of the City of Englewood, Colorado hereby amends Title
1, Chapter 7A , Section 15 , of the Englewood Municipal Code 2000 , to read as follows:
l-7A-15: Alternatives in Sentencing.
A . Within the limitations of the penalties provided for the offense of which a person
is found guilty or pleads guilty or no contest, and subject to the provisions of
these rules, the Trial Court has the following alternatives, which are not
mutually exclusive, in entering judgment and imposing sentence:
l. The defendant may be sentenced to pay a fine . to imprisonment, or both ,
within the minimum and maximum sentence authorized.
2. All or part of the sentence may be suspended and the defendant placed on
probation for a term not longer than one year.
3 . The Court, with the consent of the defendant and the prosecution, may
defer judgment and sentence for a term not longer than one year.
4. The defendant may be sentenced to payment of costs.
B. The Municipal Court Judge may impose reasonable conditions including the
attendance of the defendant and the parent if the defendant is a juvenile at
classes or counseling upon suspended sentences and periods of probation and
revoke such suspensions and periods of probation and reinstate any sentence
adjudged or impose any authorized sentence for a v10lation of the conditions .
Introduced, read in full , and passed on first reading on the 1st day of October,
2001.
Published as a Bill for an Ordinance on the 5,h day of October, 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 1st day of October. 2001.
Loucrishia A. Ellis
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ORDINANCE . 0 .
SERIES OF 200 1
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BY AUTHORITY
A BILL FOR
!Co-;;
COUNCIL BILL NO. 63
INTRODUCED BY COUNCIL
MEMBER~~~~~~~
AN ORDINANCE APPROVING AN ENCROACHMENT PERMIT AND INDEMNITY
AGREEMENT PERTAI.N1NG TO A RETAINING WALL AND FENCE IN THE
PUBLIC RIGHT-OF-WAY .
WHEREAS , Section 11-3-4 of the Engle wo od Municipal Code 2000 provides that
an encroachment into public right-of-w ay m ay be granted upon compliance with
ce rtain terms and co nditions and the issuance of a n e ncr oachme nt pe rmit and
indemnity agreement issued by the Cit y; a nd
WHEREAS , the property owne r h as built a r etaining wall a nd fe nce in the Ci t y°s
public Right-Of-Way along Tejon Street a dia ce nt to the property located at 2001
West Baker Avenue without o btaining the prope r pe rmits: a nd
WHEREAS , the prope rty owne r was notifi ed t h a t the co n truct10n was in
vi olation of the Engle woo d Municipa l Code and tha t a n e nc roachm e nt permit would
n eed to be obtain e d tf the owne r wishe d to kee p the wa ll a nd associa t e d fence m its
prese nt location : and
WHEREAS , the City of Engle wood receive d a n a pplica ti o n fo r a n e n cr oachm e nt
p e rmit fr om the Owner of 2001 We s t Baker Avenue for a re tammg w a ll a nd fe n ce:
and
WHEREAS, a pproval of this Ordinance will authorize an ·'Encr oachme nt Pe rmit
And lnde mruty Agreement°' formally recogruzing the dimensions of the e ncroachme nt;
NOW , THEREFORE, BE IT RESOLVED BY THE CITY CO "J'.:C IL OF THE
C ITY OF ENGLEWOOD , COLORADO, THAT:
Sectjon 1. An e ncroachme nt for a thirty -rune inch (39") high r eta1rung wall a nd a
s ix foot (6') high fence , as measure d from the back of the s id e walk a nd co n s tructed
three fe e t (3') into the City's Right-Of-Way fo r Teio n Stree t as id e ntified m "Exh1b1t
A ." is hereby granted .
Sectjon 2. The "Encroachment Permit And Inde mnity Agreement" attached h e r eto
as "Exhibit A ," is hereby accepted and approved by the City Council of the City of
Englewood, Colorado .
Introduced, read in full , and passed on first reading on the 1s t day of October,
2001.
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Published as a Bill for an Ordinance on the 5th day of October, 2001.
Thomas J. Burns, Mayor
ATTEST :
Loucrishia A. Ellis, City Clerk
I, Loucrisbia 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 l" day of October, 200 l.
Loucrishia A. Ellis
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ENCROACHMENT PERMIT AND INDEMNITY AGREEME!IIT
THIS AGREEMENT, made this {I T!-day of 5 "' «1T"' .,, ,{ <! C . 2001 . between the
CITY OF ENGLEWOOD , Colorado . a municipal co;poration, and THOl\L-\S L .A.
JACKSON , the owner of a certain parcel of real property legally describes as :
Lot 16, in Block 2
Southlawn Garden Annex
and commonly known as : 2001 West Baker Avenue
Englewood , Col orado 80110
The City of Englewood . Colorado, h e reby grants to said owner of t he pr operty at the abO\·e
described location permission to :
Ins tall a segmental block retaining wall along Tej o n Stree t adjacent to t he s ubject
address imm ediately adjacent to the s id ewalk wnh a SL'( foo t high ceda r woo d
privacy fence on top of the wall alo ng Teion Street. The he ig ht of the retaining wall
m ay be no hi gher than tlurty·rune inches (39") as meas ured from t he back of the
walk .
Tlus is an encroachment of three feet (3 ') mto the City Ri ght -Of.Way on Tejon Street.
The aforesaid property own e r a nd t hei r he irs a n d assign s und er stand and agree that:
1. T hat this retaining w:ill and ience we r e co nstructed by the Owne r witho ut o bta1rung
the r equir ed permits a nd va n:ince . This encr oac hm ent ts therefore co nditioned on
the Owner's pay me nt of :ill permit fee . penalties and fines due the City for the
co ns tr uctio n of this retammg wall a nd fence .
2 . That the property owne r s hall ob tain t he necessar y variances and permits r equ ir ed
prio r to constructing any fence s or retaining walls in the public Right-Of.Way and
shall co mpl y with :ill zonmg a nd b uilding r eg ulatio ns for this zone district .
3 . That this permission 1s revoc:ible :it will and without cause by the City of Englewood
without hearin g a nd without not ice othe r than :\otice of Revoca t ion .
4 . That the property owner shall remove the retaining wall and fence from the public
Right-Of.Way withm tlurty (30 ) days a ft er re ce iving :-.!ot1ce ofRe voc :it1 on by per so nal
senice or certified mail .
5 . Th:it if the C1ty e,·e r determine, t hat impro\'ements need to be inst:illed a lo ng Tejon
tha t may impact the w:ill or fence . th :i t the property owner ,ha ll be res pon s ible for
any incre:ised costs incurred by the Cit y fo r re mo,ing or working a r ound the retaining
wall or buried ,ect1ons of the old concrete ret:ii n ing wal l.
6 . That the property owner is estopped to deny the right of the City of Englewood,
Colorado, to revoke the Encroachment Permit or to deny the property rights of said
City.
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7 . That the property owner agrees to reimburse and indemnify the City of Englewood.
Colorado, for all necessary expenses of whatever nature that may be incurred in
revoking this Permit, removing the structure placed in the public Right-Of-Way, or
any other expense as a result of granting the Encroachment Permit.
8 . That the property owner shall maintain insurance coverage sufficient to s atisfy any
liability arising as a result of this Encroachment Permit and Indemnity Agreement
and the City of Englewood shall be held harmless from any and all liabilities arising
from this action . A copy of an acknowledgement of coverage shall be provided to the
Director of Public Works .
9 . That this Agreement shall inure to the benefit of and be binding upon the heirs ,
executors. administrators . assigns and s uccessors of the respective parties.
IN WITNESS WHEREOF , the parties have set their hands the day and year first written
above .
CITY OF ENGLEWOOD
a munici pal corporation
ATTEST :
By:
Thomas J . Burns , Mayo r
By:------------------
Loucrishia A . Ellis, City Clerk
PROPERTY OW NER
By:_~~~l~~-~============--==--
Thomas L . A . Jack1on , P)"operty Owner
2001 West Baker A~e
STATE OF COLOR.ADO )
) ss.
COUN TY OF ) T,,
The fore go ing instrument was acknowledged before me this ...1L day of
S ... ..,•j -€ -~, ~{• ,-. 2001 , by Thomas L.A. Jackson as the prope rty owne r
of 2061 West Baker Avenue , Englewood, Colorado 80ll0.
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My Co mmission expires :
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Jackson Engineers , Inc. _.
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.47,86'.
,.:· • 15' SEWER -ESMT ~ 2 . ~
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3000 SF
ra;r. --------------'WW.-
LOT 1
W. BAKER AVE
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COUNCIL COMMUNICATION
Subject: Date : Agenda Item: En croac hm ent Agreement -2001 10 a ii 0 to ber l , 200 1 W es t Bak er Ave nu e
INITIATED BY: STAFF SOURCE:
Publi c W o rks Ken Ro ss , Direc tor o f Publi c W o rks
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
There has b ee n n o prev ious Council action on this request.
RECOMMENDED ACTION
Staff recommends that City Council approve the attached En c roac hm ent Agreement.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In Jul\ o f 200 l , th e prope rt y owner was observed building a ret ai n ing wall 111 th e publi c righ t o f \\ av al o n g
Te1 o n tr et adja ce nt to the property located at 200 1 W es t Bak er A\enu . Th e proper!\ O\\fl r \\il
no tif ied th at th e co nstruction was in vio lati on of th e Citv Code and th at an en ro ac.hment pPrmll \\Oul d
nee d to b obta ined . Upon staff review of the encroa chm ent p rm1t 11 , a de t rrn1n d th at th p ropn ed
nc ro a hm ent excee ded staff's administrative auth o rit v as prm 1d d in Titl e I I , hap ter 3, ect1 o n -l 0 1 th
Eng lewood Municipal Code, and th erefor the requ es t needed to b b ro ugh t to 1t\ o un c1 I.
En ro ac hm ents for fences and retaining wa lls ma y be grant ed prO\ 1d 1n g:
1. That the wall and or fence are no closer than 12 111 ches tr o m th e ba k 0 1 , alk .
:?. Th at the wa ll and or fence are in compliance\\ ith all oth er pro \ 1s1on 0 1 th e Municipal Co de.
3 . That th e wa ll and /or fence are no t adja cen t to a stree t th at is de I nat ed to b e widened o r improved .
Th e proposed co nstruction m ee ts co nditio ns 2 and 3 abo\ e, bu t tad to meet co nditio n 1. The va ll as
co nstru c ted is immediate!~, behind th e exis ting ba ck o t \\ alk . This t\ p 0 1 installa tio n is no rm all y p ro hibit ed
because
• Pedestrians lose th e full b eneiit of th e sid ewalk, becau e th e , mu st sh away fr o m the
co nc rete wa ll , and
• Sidewa lks fail ove r tim e and th e cl o se proximity o f th e wa ll in c reases th e chan ce that wall
ma y be damaged in re co nstru cti o n, and
• Retainin g walls retain soi l and as a res ult soil pressures behind th e wall co uld c ause dam age
to th e sidewalk improve ments
Th e wall was co nstru cted when it c ame to Publi c W o rk s attention . in staff's o pini on th ere wo uld b e littl e
ga in ed from requiring th e w all to removed and repla ce d. W e ar e th erefo re recomm endin g Ci ty Coun cil
app rove th e attached Encroachmen t Permit that spells out th e respo nsibilities of th e property owner fr o m
thi s day fo rth .
FINANCIAL IMPACT
~ No financial impa ct to the City is identified .
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LIST OF ATTACHMENTS
Encroachment Agre ement
Site Plan
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BY AUTHORITY
ORDINANCE NO.
SERIES OF 2001
A BILL FOR
COUNCIL BILL NO . 64
INTRODUCED BY COUNCIL
MEMBER~~~~~~-
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
'·TRANSFERS OF WATER SERVICE" FOR TRANSFERS OF WATER SERVICE
BETWEEN THE DENVER BOARD OF WATER COMMISSIONERS AND THE CITY
OF ENGLEWOOD . COLORADO.
WHEREAS , the De nver Bo a rd of Wate r Co mmi ssioners oper a t es a municipal wat.er
s upply system that prov id es water to custom er s m the Board·s co mbin ed s rv1 ce a rea :
a nd
WHEREAS , the City of Englewood operates a mumc1pal wate r s upply !'y~te m th::n
provides water for its r es idents and others , as dete rmined by Engl e wood 's '1ty
Co unctl ;and
WHEREAS . the De nv er Board of Water Co mm1 ss1on r s req uested trani;fer s uf
wate r se rvic es in overlapping areas a nd a r ea whi ch s hare co mm on bound a r y lin es .
and
WHEREAS , in the overlapping a reas and in ce r ta in a reas nea r those omm on
boundary lines, customers co uld be se rv ed more ffi c,ently by fa c1ht1 e owned by th e
other entity ; a nd
Joa.-·,·, i
WHEREAS , the transfer of wate r se rvi ce fo r ce rta in customers fr om one nut~· to
the oth er would e liminate the nee d for exp en siv e a nd duphca uve d1 stribut1 on fa c1lit1 es
a nd would a lso provide bett e r se rvi ce to those customer s ; a nd
WHEREAS , the Englewood Wa t e r a nd Sewer Bo a rd r eco mm e nd ed Co uncil app rova l
of the "Tra nsfers of Water Service" to allow the tra n sfer s of wa te r se rv1 ce be tw ee n
De nv e r a nd Englewood , at ,ts July 10 , 2001 me eting;
NOW , THEREFORE, BE IT ORDAINED BY THE C ITY COUNC IL OF THE C ITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS :
Sectjon l. The "Transfers of Water Service" between the De nver Board of Water
Commissioners and the City of Englewood for transfers of water servi ces in ove rl a pping
areas which share common boundary lines. set forth in "Attachment l ", is he re by
accepted and approved by the City Council of the City of Engl ewood , Colorado.
Sectjon 2. The Mayor and the City Clerk are hereby authorized to s ign and attest
said Intergovernmental Agreement on behalf of the City of Englewood .
Introduced, read in full, and passed on first reading on the 1st day of October ,
2001.
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Published as a Bill for an Ordinance on the 5th day of October, 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 1s t day of October, 2001.
Loucrishia A. Ellis
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INTERGOVER.l'fMENTAL AGREEME:.'IT
TRANSFERS OF WATER SERVICE
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This Intergovernmental Agreement is entered into this.!:{_ day of:X:¢n:ro'o: (""
_ 200 l. between the City and County of Denve:. acting by and through its Board ofWate:
Commissione:s ("Soard"). a municipal corporation of the State oi Colorado. and the Clty of
Englewood ("Englewood"). a municipal corporation of the Stat e of Colorado .
WHEREAS. the Board operates a municipal ware: suppiy system that proVides water to
custome:s in the Board's Combined Ser-li ce Area : and
WHEREAS . Englewood o perates a munic ipal ware: supply system that provides wace : for its
residents and others . as determined by Eng lewood 's City Council: and
WHEREAS . a portion of Engl ewoo d 's se:--tice area lies ·.,ith.i.'1 tl:e Board's Combined Se:-,ice
Area. so that :he two se::vice areas ove r lao in sor::e areas and also share co mr:1 o n boundar,
lines: and · -
WHERE.~. in those o,·erlapping are:is :inc ln ce :--..am are:i.s .-iear chose co mmon bour:da_r::
lines. custorr.e:s .o cated w1L'lm Ene:!ewood's o r the 3 oa :d's se:-',,ce are:i. re~cec:i·:e!v. could be
ser;ed m ore effici e:1cl y by fac!lities -owned by r.he o L"le: er:~::,: ar.d -·
VVHEREAS. the transfer of water sers.ice for cenain c:J s tomers :rem one en tit,; to the o r.l:e :
would eliminate the need for expensive and duplicatiVe disu:bution faciliti es and •.voulc: also
proVide better semce to those custo me:s : and
WHERE.l.S. cooperation among local governments co pro,ide ser.,ces is encocraged by
Article XIV . Se ctio n !8(2)(a) of the Colorado Constitution: and
WHERE.~. Englewood and the Board 'Nish to provi de a me~:iarusm to accomplish the
transfe: of cvace r se::vice o r' customers be:we~:1 the cwo e::nities whe:1e·1er sue:, a transfer would
be mutually beneficial.
NOW THEREFORE. Englewood and the Soard agree as follows:
1.
2.
Transfer of Wacer Se~q;. The trans fer of taps from ·.vater se:-vice provided by
Englewood o r the Soard to ·.,·acer se:--.,ce proV1ded by the o the: entity is hereby
authortzed. Tne transfer m u st ':Je appro,·e:! ':Jy Engle·.vocd's City Cm.:nc:l or ::he :r
des ig nated re;:irese:1taove and the :\la::ager of ±e Denve r Water S o ard . using a form
to be de·,e!oped by the two par.;es .
Tra,.,sfe:::r:io!l Encjr,. The transfe::-..r.g enur:: IN1il be responsible fo r providing
not:c e to the customer whose tap ts beu:g tra."lsfer:-ed and fo r the cost of physic al
connections required to al ow ·.\·ace r to be si.:pplied ':Jy the rece:Ving entity . This
shall incl u de the transfer of ex.sung wate r me:ers .
3. Rece ;y;O!l Enciry . After the physical cor.necoon is com pleted. the r eceiving entity
\111 11 proVlde water se:v1ce to the tr:uisier:-ed tap . and bill the customer acco r dingly .
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4. Pavmcm of Tap Fees. It is anticipated that the Board and Englewood will a-ansfer
customers between themselves on numerous occasions. and that payment of tap fees
for each transaction would be burdensome. Therefore. the parties agree to perform
an annual reconciliation to determine if either party owes tap fees to the other. At
the end of each calendar year In which water service has been transferred under this
Agreement. the Board and Englewood will convert the taps each has transferred into
3/4 inch equivalents. according to the table attached as Exhibit A. If one entity has
transferred more equivalents than the other. then that entit'J Will pay the then-
current tap fee charged by the other for the number of e.'Ccess 3 / 4 inch equivalents.
5. AssJ&nrocnt. Neither party shall assig.'1 any of its rights and duties under this
Agreement Without the Written consent of the other party.
6. Appl!qbtc Laws. This Agreement shall be governed by and shall be construed in
accordance With the Constitution and laws of the State of Colorac:o.
7. T.-rroinatjon. This Agreement shall remain in force until terrmnation b y either
party With sixty (60) days· notice.
Leg;'.! DMsion
ATIEST:
By:--------------
Louc:ishia A. Ellis. City Clerk
CITY AND COL"1'ffY OF DE'.\IVER.
Acting by and through its
BOARD O F WA-:C:R C01'.l:Vl1 SSi0NERS
REGISTERED AND COLl'frERS!GNED :
Donald J. Mares . Auditor
City and Councy of Denver
By: ____________ _
CITY OF E:'-/GLE:WOOD
By: __________ _
ThomasJ. Bums. ~yor
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Size
3/4"
l"
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1-1/2"
2"
3"
4"
6"
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10"
1.2"
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PQIW+I!NCY CHART
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18
36
94
200
360
600
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COUNCIL COMMUNICATION
Date Agenda Item
October 1, 2001 10 a iii
STAFF SOURCE
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Subject
Denver Intergovernmental
Ag reement -Trans fe r of Wat er
Servi ce
INITIATED BY
Utilities Department Ste w art H . Fo nda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Englewood Water and Se w er Bo ard, at th eir Ju ly 10, 20 0 1 m eet ing, re c o mmended Co unci l appro \ al o i
the Intergovernmental Agreement for the Trans fer of W ater Service s.
BACkGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The D enve r Water Board submitted an Intergov ernm ental Agree m ent -Transfe rs o f Wat er Service fo r
En glewood W ater Board approval. Denv er's Water Co nduit # 13 is a lo w -press ure condui t tha t will be
taken o ut of service fo r four m o nths beginning August 1 for repairs and ma i nt enan ce. Thi w ill resu lt in no
w at er serv ice to #7 M artin Lan e, #9 Martin Lane and 900 E. O xfo rd A e. D enve r is req ues tin g th at
Eng lew ood p erman en tl y transfer wate r servic e to thes e addresses in th e Che rrv Hill s Ra nch o Su bdi\ 1si o n.
An Intergovernm enta l A greement -Transfers of Water Service agree m e nt w as submitted to exped ite ta p
trans fe rs fo r both part ies in future, similar situations .
FINANCIAL IMPACT
None .
UST OF ATIACHMENTS
Intergove rnm ental A gree m e nt -Transfers of W ater Service
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ORDINANCE NO ._
SERIES OF 2001
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BY AUTHORITY
COUNC IL BILL NO . 60
INTROD UCE D BY CO NCIL
MEMBER BRADSHAW
AN ORDINANCE AUTHORIZING A THIRD Ai\1ENDMENT TO AN AGREEMENT
FOR CITYCENTER ENGLEWOOD BETWEEN THE CITY OF ENGLEWOOD AND
RTD .
WHEREAS , the original intergovernmental agreement to coo perate in the
development of the transit improvements with the Commercial Redevelopment Project
was signed by both parties on January 6 . 1997 ; and
WHEREAS, the intergovernmental agreement was amended on July 19 , 1999, to
provide, in part, for additional parking spaces and funding therefore ; a nd
WHEREAS , the Englewood City Council approved the Second Amendment to
Agreement for CityCenter Englewood by the passage of Ordinance No. 64 , Series 2000:
and
WHEREAS , the passage of this Ordinance would amend the agreement to provide
for the construction of a splash curb behind the back of the existing curb between the
face of the existing busway and the retairung wall for the Englewood Light Rail
Station; the construction of a sidewalk between the Oxford Street Light Rail Train
Station and Mansfield Street; and the installation of additional bicycle lock e r s a nd
benches at the Englewood Light Rail Train Station; and
WHEREAS , RTD will pay for the cost of the construction of the splash curb: the
bicycle lockers and the benches at the Englewood Light Rail Train Station. as well as
the cost of the construction of the sidewalk at the Oxford Street Light Rail Train
Station;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS:
Sectjon I. The "Third Amendment To Agreement" between the City of Englewood
and RTD , attached hereto as "Attachment I ," is hereby accepted and approved by the
Englewood City Council .
Sectjon 2. The Mayor is authorized to sign the "Third Amendment To Agreement'
for and on behalf of the City of Englewood , Colorado.
Introduced, read in full , and passed on first reading on the 17th day of September.
2001.
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Published as a Bill for an Ordinance on the 21st day of September. 2001.
Read by title and passed on final reading on the 1st day of October, 2001.
Published by title as Ordinance No._, Series of 2001. on the 5th day of
October, 2001.
Thomas J. Burns, Mayor
A'M'EST:
Loucrishia A. Ellis, City Clerk
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I , Loucrishia A. Ellis. City Clerk of the City of Englewood, Colorado, hereby ce rtify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by title as Ordinance No. ~ Series of 2001 .
Loucrishia A. Ellis
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THIRD :\ .. 'v!E:,.JDMENT TO .\GREE:vlENT
FOR ENGLEWOOD CITYCE:s/TER
ATTACHMENT 1
This Third Amendment dated this ?-t= day of --s -, 2001. amends t he Agree ment
dated January 6 . 1997 between the Regional Transpor tation Di strict (RT D) and the City of
Englewood (the City) for particip ation by the RTD lll the redevelopment of t h e Englewood
CityCenter and for the co n veyan ce of a transit easement to RTD therein.
This Third Amendment to the above-refere nced Agr ee ment is to pro\"lde fo r the co n struction
of a splash curb belund the back of the existing curb between the fa ce of the existing busway
and the retaining wall for the Englewood LRT Station . The purpose of the splash cu rb 1s to
provide a planting area wherein the City of Englewood wtll provide landscap!Ilg matenal
between the splash curb and t he face of the re t a101Ilg wall . Th is .\mendment will also
provide for the constructio n of a sidewalk at the Oxford Str eet LRT catio n and t he
installation of certain amenmes at the Engle woo d LRT Station.
1. Section Tw o of the .\gree me nt I am e nd ed by the addmon of :he following :
(k ) Construct io n of a spla,h c urb as an up gr:ide along the sect10n of the bus way
immediately t o tht east of the retammg wall for the Englewoo d LRT Station
as depicted on Exh1b1t A attached. RTD will pay to the City the co t of the
co n str uction fo r the splash curb which will be co n structed by the City
contractor fo r 693 lineal feet of splash curb a t a cost of S32 .80 per lmeal feet
afar a ot I of 522. 73 LOO . The C1ty shall be ,olely responsible fo r the
constructio n of the s p lash curb a nd any related acti\"lnes associated w ith the
co n s truction of the ,plash curb as ,hown on Exh1b1t A.
(I) Constructio n of a six foot wide sidewalk from the Oxfo r d Street Statio n north
to :\lansfield on t he we ·t s ide of Win demer e Street. app r oxim ately 850 Linear
fe et. The Ctty shall be so le ly respon sible fo r the design and co n struction of
the s idew alk and any related act1\"lt1es associated with t h e construction of
the s idewalk .
(m) Purchase and pl ace ment of s ixtee n double b1c ,·cie lockers and three benches
to be located adiacent to the Englewood LRT Station . The Cay shall be
re sponsible fo r the purchase and place ment of t he locke r s and the benches.
2. Section Three of the .\greement 1s ame n ded by the addinon of t h e following :
The RTD will pay the cost of co n struction of a splash curb alo ng the we;t side of the curb and
gutter adjacent to the Engle wood LRT Station retairung wall as s hown on Exrub1t .\ a t a cost
of S22.731. The City will pro,ide RTD with co pies of actual co ntracto r 1Ilvo1ces showing the
cost of construction. The City will invoice RTD fo r tlus amo unt .
The RTD will pay for the construct10n of a sidewalk fro m the Oxford Str eet LRT Station
north to Mansfield. on the west side of Windemere Street. a ppro=ately 850 linear feet . at a
cost of $26,000 . The City will provide RTD with co pies of actual co ntractor inv oice s s h owi ng
the cost of construction. The City w1U invoice RTD ior t hi s amount
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The RTD will pay for the sixteen double bicycle lockers at a cost of $11 ,480 and RTD will pay
for the three benches at a cost of $994.00 each, for a total cost of $2 .982 .00 . The City will
invoice RTD for these amounts.
The City affirms that it has sufficient funds budgeted and appropriated in the year 2000 to
complete and to pay for all of the foregoing .
Wherefore, the parties have made this Amendment effective the date first written
above .
REGIONAL TRANSPORTATION DISTRICT .a./7~~
Clarence W. Marsella. General Manager
APPROVED AS TO LEGAL FOR;);I FOR THE
REGIO::-. . .\L TRA:-!SPORTATION DISTRICT
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Marla t'. Lien . Associate Counsel
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CITY OF E:-IGLEWOOD
By :--------------
Thoma~ J. Burns, Mayor
ATTEST :
Loucrish1a A. Ellis, City Clerk
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RESOLUTION NO .
SERIES OF 2001
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A RESOLUTION APPROVING THE SUBDIVISION OF PROPERTY LOCATED AT 3296
SOUTH ZUNI STREET FOR THE MGM SUBDT\llSION.
WHEREAS , an application for s ubdiv1s10n of prope rty on the northeast co rner of We st
Floyd Avenue and South Zuni Street wa s recei ,·e d from the prope rty owner, Bruce :vtiller : and
WHEREAS, such property is currently unplatted property a nd Title 10, EMC re quires
that unplatted property be s ubdivided by the Major Subdivision process; and
WHEREAS, no minimum lot size or street frontage is required in the 1·2, General
Industrial Zone District in which this property is located; and
WHEREAS, the total site co mprises 2 .34 ac.r es with the proposed subdivision creatm g
two (2) lots ; and
WHEREAS, the larger lot of wluch will be l.i2 ac r es is presently develope d with tw o
warehouse structures: a nd
WHEREA S , the s malle r lot will be .62 ac re s a nd 1s prese ntly develo ped with an offi ce
building, storage a rea a nd re quire d p a rking ; a nd
WHEREAS, both parcels front on South Zuni Street and are addressed as 3296 South
Zuni Street; and
WHEREAS , the zoning of the a rea 1s presently 1·2 . Gene r a l Industrial Zon e D1 str1 ct a n d
will re maining 1·2 : and
WHEREAS. the Englewood Pla nning a nd Zoning Co mm1 ss1on h e ld a Public Hearin g o n
the propose d MG:vt Subdivision on August 21 , 2001 and the MGM Subdivision wa s
co ndit1on ally a pproved with cl a rification of the legal description: and
WHEREAS , that clarification was ma de on the Final MGM Subdivision Plat dated
August 29 , 2001 ; and
WHEREAS , the Englewood Planning and Zoning Co mmission approved the Fina l MGM
Subdivision Plat at their September 5, 2001 meeting, which is attach e d hereto as ·'Exhibit
A "·
NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , CO LORADO . THAT:
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AYES :
NAYS:
ABSTAIN:
ABSENT :
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Mueller, Waggoner, Welker. Krieger, Lathram
None
Weber
Rempel, Stockwell, Willis
The motion carried.
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These Findings and Conclusions are effective as of the meeting on September 5 , 2001.
~~THE CITY PLANNING & ZONING COMMISSION
ells Wagg~an
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5. THAT the Preliminary Plat for the proposed :vtGM Supply Subdivision be approved.
with clarification of the legal description .
6. THAT the Final Plat for the MGM Supply Subdivision, dated August 29, 2001 , was ap-
proved by the Planning and Zoning Commission on September 5, 200 I .
DECISION
August 21. 200 I
THEREFORE, it is the decision of the City Planning and Zoning Commission that the Prelimi-
nary Plat for the MGM Supply Subdivision filed by Mr. Bruce Miller should be conditionally
approved with clarification of the legal description.
The decision was reached upon a vote on a motion made at the meeting of the City Planning and
Zoning Commission on August 21 , 2001. by Stockwell , seconded by Krieger. which motion
states :
Stockwell moved :
Krieger seconded : Case #SUB 2001-03. MGM Supply Subdi vision Preliminary Plat.
be conditionally approved :
I. The legal description cited on the Plat must be clarified .
2 . The legal description cited on the Plat must conform to the
drawing of property division.
AYES :
NAYS :
Waggoner. Willis. Krieger, Mueller, Stockwell. Welker,
None
ABSTAIN : None
ABSENT : Rempel , Weber
The motion carried .
September 5, 2001
THEREFORE, it is the decision of the City Planning and Zoning Commission that the Final
Plat for the MGM Supply Subdivision, field by Mr . Bruce Miller, should be accepted and rec-
ommended to City Council for approval.
The decision was reached upon a vote on a motion made at the meeting of the City Planning and
Zoning Commission on September 5, 2001, by Welker, seconded by Lathram , which motion
states :
Welker moved:
Lathram seconded: The Final Plat of the MGM Supply Subdivision. dated August 29 , 2001.
Case #SUB 2001-03 , be accepted and be recommended to City Council for
approval.
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c. The availability of all utilities, and the proximity thereof to the area proposed for
subdivision.
Public water and sewer along with electric. gas , an d communication utilities are
currently available to the subject property.
d. Topography and natural features of the land with special reference to flood plains .
The subject property is not located within an identified flood plain zone.
e. The continuity of streets and alleys within the area proposed for subdivision, and
the design and location of such streets and alleys, with relation to existing streets
and alleys, both within and without the area proposed for subdivision, and the
Master Street Plan.
No streets or alleys are proposed within this subdivision .
f. All rights-of-way to be designated and located to facilitate the safe movement of
pedestrians and bicyclists .
No additional right-of-way is being requested with this proposed subdivisi on .
g. All bicycle and pedestrian facilities shall be selected. located and designed in ac-
cordance with current City standards.
No bicycle or pedestrian facilities are required for this proposed subdivision .
h. The location of utility and other easements.
See Preliminary Plat .
1. The location of, and provision for, public areas, including land reserved for parks,
schools and other public uses .
No public reservation is required for this proposed subdivision .
J. The method of handling drainage and surface water.
No drainage report was required by Public Works for this subdivision because
the site is developed and a soils study and drainage report were provided for
the construction of the new office building. The site slopes toward the east and
a drainage easement is provided on the Plat for drainage for Lot 1 onto Lot 2 .
Drainage issues concerning future construction and development are depend-
ent on the type of development and will be addressed through the Building
Permit review process .
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tified letter se nt through the L'n1ted S tates Postal Service, said lener sem n g fo rth the dace .
nme. pl ce. and purpose of the Hearing.
TH..\ T staff presented testimon y regarding the locanon. zoning, proposed propeny d1\ 1-
1on, and means of ace ss to the t\\'O lo ts o e created by the s ubdiv1s 10n.
4 T H.\T Bruce \.!Ille r. the applicant .md properry o wner. and Tod Floyd. O\,ner of'.\.IG '.1.1
uppl'.Y om an\. presented tesnmony regarding present de,el o pment of o th lots of he
propo d s ubdi, 1sio n. and the purpose of the proposed subdivision .
THAT Planning o mm1s s10 n members found discrepancies in figu res cited in the wnt en
legal descnpnon and those figu re s indicated o n the depictio n of the propeny d1\ 1s1 on.
co 1CLus10Ns
1. TH..\ T the proposed ubd1 v1s10n c ame before the Comm1ss1o n upon appltcanon y \.I r.
Bruce ~I i lier. property owner.
2 . THAT proper nonce of the Public Hearing was gl\·en to adJacent property O\\'ners .
3 . THAT the following conditions c ited in T1tle 10 of the E \.1 ( ha\e been co n sidered and
addressed b, staff:
4 TH..\ T in cons1denng a preltmina~ subd1, 1s1on pl t. the Comm1ss1on mu t co nsider ht!
fo llo,~in g·
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The lontng of the propen: p ro osed for subdl\ ISIOn. together ,, nh th<! 1oning oC
the Jreas immediatel y adp ent th ereto
The ~ubwu ,,ce Jnd Jd1acenc C cv 01 Englewood property co chP norrh ancl .-J r
/\ zoned 1-2. General ln dus cnal 01su1c1. Th ar eJ dlfeccl souch Jn</ tilfer: I,
"e,c v1chm th e C,c 0 1 Shendan Jn d ,~ zoned E-L1gh c lndu,cnJI Tht-> JrPJ
,ourh1,e c o r the Zuni Floyd ,mer eCl./on ,s Jlso w,chm the C1cy 01 )hi>ndan Jncl
,, LOned A -Res,denna l. Th,s subd1v1 ,on c/01b not :,u/Js tanc 1Jlly ch Jnf!e or ,m-
p,JC1 the development pocenc1al o r th e ar eJ .
The propo ed layout of lots and blocks and the proposed dimensions thereof to
dt!monstrate compliance w ith yard area requirements .
The ite concam s I 02,025 square feet or 2.3 ~ acre . ,'-.o minim um lot rr o nca~e
or minimum lo t area is required in the 1-2, G eneral l nduscn al D, cn ct. The pro-
po ed subdivision creates 2 lots ; the larger lot is I . 72 acre and th e mJ /le r lot
1, .62 acre in area. Both lots will have frontage an d access co So uth Zuni u ei>t
an d share a 31 feet access agreement dedicated by this Plat.
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
IN THE MATTER OF CASE #SUB 2001-03 )
FINDINGS OF FACT, CONCLUSIONS AND )
RECOMMENDATIONS RELATING TO THE )
MGM SUPPLY SUBDIVISION PLAT )
INITIATED BY:
BRUCE MILLER, PRESIDE'.'IT
DENVER DRY WALL
32Sl SOUTH ZUNI STREET
ENGLEWOOD, COLORADO
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FINDINGS OF FACT Al""ID
CONCLUSIONS OF THE
CITY PLA. ""INING AND
ZONING COMMISSION
August 21, 200 I:
Commission Members Present : Lathram, Mueller, Waggoner. Willis. Welker. Krieger and
Stockwell
Commission Members Absent :
September 5, 2001 :
Commission Members Present:
Commission Members Absent :
Rempel, Weber
Krieger, Lathram. Mueller , Waggoner. Welker. Weber
Stockwell, Rempel. Willis
This matter came before the City Planning and Zoning Commission for Public Hearing on . .\u·
gust 21. 200 I, in the City Council Chambers of the Englewood Civic Center.
The Final Plat , as clarified, was considered by the Planning and Zoning Commission on Septem ·
ber 5, 2001.
Testimony was received from staff and from the applicants . The Com.mission received notice of
Public Hearing, and the Staff Report, which were incorporated into and made a part of the record
of the Public Hearing .
After considering statements of the witnesses , and reviewing the pertinent documents . the mem-
bers of the City Planning and Zoning Commission made the following Findings and Conclusions .
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2.
FINDINGS OF FACT
THAT the issue was brought before the Planning and Zoning Commission upon an ap-
plication filed by Bruce Miller, property owner .
THAT notice of the Public Hearing was published in the Englewood Herald on August
I 0. 2001. and that adjacent property owners were notified of the Public Hearing via acer-
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Aue 15 01 02:38a l'IG1'1 Suppl~ Co
3296 So. Zuni St.
En&lewood. co. 80110
August 14, 2001
Tricia Laqdon
City of Enpwooci
1000 Englewood Pkwy
Englewood. co. 80110
Dear Tricia.
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(303)789-0147
Phone #(303) 761-7033
Fax #(303) 789--0147
M-G-M Supply Co . built a new office/showroom this past fall. on :he property
loc:a=d at 3296 So. Zuni SL This property conma of one meul warehouse (5000 Sq.
Ft.), One open-faced Drywall shed (25X90) and the DCW office building (7000 Sq. Ft.)
with a total of 110,000 Sq. ft . ofland. Our purpose for this subdivision is to CIC31C a
parcel of land for the new office buildmg only. lftbc new buildiq has it's own parcel
we can secure me !om usiDI dlis subdivided pm,:cl a collaa:ral. This will free the
nmaiDdcr of 1aDd md buildings to secure ocbcr lines of credit that are used in our
everyday t,u.,imss.
If there are any funba' quesc om. please feel free to call me .
Si~ly,
E. Tod Floyd
President
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DEDICATION:
A PARCEL Of LANI) I.OCAT[() IN 111[ SW 1/4 Of TIIE NW 1/4 or 111[ SW 1/4 Of src TION ]],
lOWN SIIII' 4 SOlllll, !!ANGE fiR WI.S I or 111( 6111 PIHNCll'AI. MIIHlllAN, CIIY or LNCII WOOD, COU NTY
or AllAl'AIIO[. S IAIE 01 COLORADO, MOOE PAIIIICUL.AIIL.Y O[SClllBLD AS I OUOWS;
nrGINNING AT A POINf \\111CII JS 1061 .50 r[ET SOUlll AND ]0.00 rrn [AST Of 111[ NORTlll\f ST
COIINlll or 111( SW 1/4 or SAIO srCllON 3]; Tl1[NC [ fA S fflU Y, PAllAllrl 10 111r NOIIIII I INI or
SAlll '>rC IION J .\ A lll S IANCI u-li '.,'l .10 HI I 10 A POINI ON 1111 WI S I lllC.:111 -or -WAY I INI. 01 111[
('()IOIIAIIO ANll SOlJIIILIIN llAIIWAY ; llllN C[ SOt.JIIIYtf Slllll.Y AIONG SAIi) 111m1 -nr -WAY I INf A
1\1 5 IANCI or w,.R0 lfl I 10 A POIN I; lllEN C[ W[S lflU Y, PAIIAI IJL ll) lilt NOil iii I llll. OI SA Ill
'>I CII ON jJ, A UIS IAN C[ Of ;>78 .51 nr, 10 A POINf; 111FNCI SOIJIIIIRIY, PAHAllll 10 III F 1\1'>1
1 INI Of SAIi> SI CIION 33, A III S IANCI or 129 .. 171111 10 A POltH ; IIIINC [ WI S ILHI.Y, l'AIIAIIII 10
1111 NOIWI I INI OI SAlll SI CIIOU J.\, A lllSIAN C[ or 315 .ml fl[I IO A l'OINI ; IIIIN CF NOl!IIILHIY,
l'AllAIIII 10 lllf wr s , 1 IN t or SAIi) SI.C IION 3]. A lll S IAN Cl OI 229 .IUI IT LI, MOHL OIi LtS S, 10
1111 l'IJINT or ll [G INNING ;
I XC I I' I ANY PAIi i NOi I. YING WlllllN 111r rot LOWING ur scmnrn lllACT:
IIIAI PAIH or lllf NW 1/4 SW 1/4 Of SECTION .n. TOVtti SIIIP 4 SotJltl, RANGE 68 WE ST OF TIIE 6111
P.M., ll [SC R 111[1) AS I 01.LOWS :
Ill GINNING AT A POINI 1061.50 rEn SOU111 ANO 30 ff[l' [AST Of lll f NORTl1WEST conNrn Of SAIi>
SW 1/4; ·111ENC[ [ASI ANll PAIIALLEL WIIII 111 [ NORIII LIN [ or SAi() SW 1/4. A lll S'IAN C[ or 300
II fl ; lllrN C[ SOil ili fi IN Clff S; llffNCf fASI ANII PAIIAIIII WIIII 1111 NOUlll l lN E or SAIi) SW 1/4 A
lll S IAN CI or 34.1.41 11 f I Ill Ill[ NOH111WI.S fflll .Y lll(;ill Of WAY I INI Of Im C.01.0llAOO AN()
SllllllllllN IIAIIHOAI) COMPANY; IIIINCf SUUIIIWf S IFH LY All'INI; SAIII UIClll or WAY I IN F. A ll1 S1AN C[
OI :rni,.0'.i rrr I 10 1111 SOU Ill I.INr or SAIi) NW 1/4 SW 1/4 ; 1111 NCI. v.t:s r Al ONG SAHi SOlllll I tNr.
A lll '>lAN CI. or 49 2.:! ITI I 10 A POJNI ]0 IH I fAST Of Ill[ WI S I I IN[ Of SAIO SW 1/4 ; lllrN C[
NOl!lll 10 Ill [ POINI 01 nrGtNNING, 10,1111m WIIII AN [ASLMINI rou [XlENSION or RAHWAY Sl'IIR;
SAIi) rASI.M[NI BEING 21Hl0 n Ll IN Wllllll, Hll C[NllRI IN [ or WIIICII IIH:tNS AT A l'OIIH llfil.~0
1111 SOUlll AN() 520 .99 I [I.I [ASI Of IIIE NORlllWl S I mmm Of lllf. SW 1/4 Of SAIi) SI.Cl JON 3.1;
IIIIN C[ s ou1111m.Y AIONG AN ANGLE lO 111[ IHGIH Of 89°5!1' A ())SfANC[ Of 67 .40 Hl:T.
IIAV[ CAUSfO 111[ ABOVI: OESCRIB£0 lHACT ~ I.ANO TO BE LAIO OUT, SllOl)IVl()fO, ANO Pl ATirn 111[
SAMf INIO IOIS AS SIIOVtti ON IIIIS Pl Al UNUER 111[ NAM E ANO S IYI E Of ANIJ 'IO OL KNOVtti AS
"MCM SllPl'I Y SlllllllVI S IUN " .
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CITY OF ENGLEWOOD
COMMUNITY DEVl!:LOPMENT DEPI\RTMENT
3400 South Elatl Street
Enclewood. CO 90110
762 -2342/f",\X 762-26!19
www .cl .en1lewood.co.u,
LAND DEVELOPMENT APPLICATION FORM
Development Name· ~G:t Suoo ly Co· lnc . c:;b --,:;cl F /o t,cl
Property Address:
3296 S . Zuni St. Eng lewood 1 CO. 80110
Presrnt Zomng:
_c;:..oc..mm=e:.:r..:c..:!;;;;a::.l ____ ,,crcs: l O 3 • 30CF::dsllng Use: Comm ere ; a 1
~al OescrtpUow See At:.iched (attach separate shed-;l;-1 ::n='rc=e=,:::,:::,,=.:,=:.,=:.----------------------
Application Type:
Rr1.1111t rnf fru111 Same to _________ _
MoJIOc:il \0 11 11 r J'l:,n11rd Untl l)cvrlo1n11r.1H :I _I/\Umlnistralive !_I Formal
u1~utct rt;u 1 N:i111r·---,-.,---,----:--------------
Suhdi\'i~11111 I _I l'11·1l 111i11ary Mnp !_I Flltnl r,;,t
V;v·:ith 111 11 1:l __ I F:;i~rrnr11t I_I Rlght-uf-wilV
CcnnHUu11 :ll u~r l'CI 111il ror . Other ------------------
APPLlCAl'IT INl'ORMJ\TION ~~r\~~~: ---'3>1re._,._,.,_..--"!'1~:~:~:.e..-.,-------------------------
Phone /Fa.:-,-,-E-!:'-1;1"-a.;.·,-1:;;.,.-. --':'"'·9"~..-.-_""'5"'"~-.-,•=.,-·:.,.:-_-,.~ •. -._~o~ar.~,-~u-.-,~u~,~,~o---------J\ddres~·
Archltect / Plaonlnl Consultant lnfonnat\on
Co11l:n:l Person N:u11f': _J<L;."cc,•o,s<.;-;.-..:'...:1u:cc::-,;c:..',--------------------
Ftr111 : 1 aroclr > 1s -or /\lldre!s:lliO ?e 'ewace .it. 5 .. :-1 i a "'leo .. er ca SA "Qt
r11011e i F:ix Nu1nl>er /t~-11 1:1II __ ~-------------'-
l!nctneertnc Coneultant tnrormatlon
Cnnt:i.cl rc1 snn Nc\1111"9 : -~}!.iiUirnU'"'"'---"'"-C"""--'::.·ceJ..1 "i-------------
Flnn: Kenkels ~ '!c C.J"'
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Phonc/fa.'</E -ma.U : J0}--~----4·0 -=-, ... mi -·o .. a,
PROP!:RTY OWNER INFORMATION : 1.1 .0 I rtsl """" '"'' oudoe" or ,11 pcr•n"", ,I co,npon1cs
whn hnlrl an i,nrrc•I "' lh t· her"" ,i, ... ,.,~•I l'"'t~•IV ·•hrthrr ,o •••u•r m•w1<0<•" I• '""· .. p1l0He•.
h oldero or uecdl•I nr tru•'-,·tc ,.,, .... ,porO\e """c" '" partnr,,h•I>' attaclml ,q,,·· •.-•heel ii necn ·
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lndl9ldua11•1 Nome : ar uc e '·til l e !' M1011c : __ ... 1.gg~;-:..;-&1~St:;------
flrm · ___ u_._,_,_e_, _);..,r_·_·,_a_.c.,: ______________ _ ---
Ad<.h ess: _ _:..,·_5;..,'_;1_·_..:.-;;;;u:.:.11 :..1 ...;':.:· ':..·c-="::.""""l"'•..:.·•"2"0,,,_odi......1r_.g,_..,3u.n.uua....-
Co'l""atloa/Partnershlp N:-1111t" or C('l q.)t Jr :'\lt011 /f',H lttCt chip __ _,o,.,,e,,,nc,v.s;e .. •_O .. ci;.:•;,·1.i·1u.'J.l----
;\tld~s /C ttv /Slatr /71 p -~...-----.....,_J~:5,._lL..iSi.......J.1 ll.Pll.Ol..f ..>5..rce--i-'"'1;,;ll.•,..to00&---Co . 30t .:.0
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N311~! of Q tnccrs1 r:i1u1cr" 3r!..1C~ :!i l ~er
(l'\«-:1~ hu11c:.tH· '\,liu Tlllr
P..e1 icic .tc
lie
will t,c s1Q.nl1111. "'} a~,c~uu:nts ,r 11~e~s:1ryl
Cf.llTtnCATION , I hc•rh• rrntrv t ho l. l o 1he hc•l nl n•r knnwl«lac · 1 l~·li<I. ,111nfnronat1un oupplied
""h ilol• ,p
1
,11 ,·011eu 10 ""' ,,,.1 acn noir sud 1h01 rn,,..,,, nr th,,., ,.,.,,, 1!'1rd ol"1•<. w,1honl whn,...
co,.•rn1 1hr '"l'''"cu ;i c'.lu" ,,,nn •I 1,"r,,11,· he ,cromt>li•hctl. he ,c•n ,,anted. Mdlllonol prrm.-,ion
I• hrrrh,· u1n1rol ln th• c u,-, .. r F.n•h-•v,,n,I c1a!l 1u phy,icolly in, ,-.:t the .. ,b1ccl µruf1"rlY and t>ke pho·
toe,,3ph!t ait ncc~~mr)' fu r 1,rrp of:'\\lt 11 .,r lht: c:,§r..
.;.,,1-d ro• orr1ct: u,1: 0111.Y c ., ... ~,11111-r, __ r,•'1"'"' M:u· ,lff" ___ rro,..,-1 t11111"""r---01'1, Sub1111t ·
'"''--I\CCCl''~o,,·---r,,1111111t Com1n11.nu ,1cn11,ic·--c1r,Counclltlc:\11"I'-
SIGNATllU Of i\Pl'LlCN'IT
~~1..-.JOl',M\lllllddl''~-,..._ ... lf"f't"C
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Provide the following on the Vicinity Map at a scale of not more than six
hundred feet to the inch (600''" 1 "):
1. The nearest public and private elementary school, middle or junior
high school and high school.
2. All previously deeded or dedicated streets, whether opened or not,
within one thousand three hundred twenty feet (1,320') of each
boundary of the area.
3. The nearest commercially zoned district. whether the same is
within or without the boundaries of the City .
4. The nearest park or other recreational facility.
5. Designated bicycle and pedestrian paths which have been
adopted by the City or included in the regional bicycle
transportation plan, if within one thousand three hundred twenty
feet ( 1,320') of each boundary of the area .
6. Show City boundaries .
Provide floodplain certification including date, community number and panel
number.
Provide cop y of all easement documents
Lower right corner block should contain only : Subd iv is ion name , address, and
section information. Remove all other information from this block .
Provide Title Commitment.
Provide Treasurer's Certificate (obtain from Arapahoe County Treasurer ).
Fire :
No comments at this stage .
Pub lic Wo rks:
Drainage goes from Lot 1 to Lot 2. Provide a drainage easement.
Railwa y spur easement is not correct (See Engineering ).
Eng ineering Services :
Easterly line called out as 652 .10 vs. 640 . 99 on plan .
Westerly line called out as 2i8.51 vs. 263 .33 on plan .
Provide Title Commitment for comparison
Traffic:
No comments .
Utilities :
No comment, other than utility easements must be kept clear .
City of Sher idan :
No comments provided .
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No additional right-of-wa is being requested with this proposed subdivision.
7. All b icycl e and pedestrian fac ilities shall be se lected , located and designed in
accordance with current City sta ndards.
No bi cycl e or pedestrian facili ti es are required for this proposed subdivision .
8 . The location of utility and o the r easements .
See Preliminary Plat.
9. The location of, an d provision for, public areas, including la nd reserved for parks,
schools and othe r pub lic use s.
No public reservation is required for this proposed subdivision .
10. The metho d oi handling d rainage and su rface water.
No drainage report w as required by Public Works ior this subdivision because
the site is de veloped and a soils study and drainage report were provided for
the construction of the new office building. The site slopes toward the east and
a drainage easement is provided o n the Plat for drainage for lot 1 onto Lot 2.
Drainage issues concerning future construction and development are
dependent on the type of dev elopment and will be addressed through the
Buil di ng Permit re vi ew process .
REL ATIO TO COM PRE HE . SIVE PL -\,'-:
The 19 79 Comprehensive Plan designates the subiect site as part of a ligh t i ndustrial
area . The proposed subdivision is consistent wi th the Comprehensi v e Plan .
DEPARTME NT AND AGENCY RE VIEW :
A description of this request was iorwarded to seven City Departments or Divisions
and outside agencies for re vi ew and comment. Preli mina ry co mments are listed
below. All concerns ha ve been addressed to the satisfaction oi each reporting
Department or Divis ion . This subdivision does not substan tiall y cha nge or impact the
development potential of the area.
Building and Safety:
None.
Community Development:
Do not sign preliminary plat.
Provide total acreage.
Add to title: Preliminary Plat.
Approvals: Delete signature lines for Director of Public Works and City Attorney.
Add space for date for the four remaining required signatures .
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free the remainder of land and buildings to secure otl1er lines of credit that are in our
everyday business ." The owner plans to retain both properties .
In considering a preliminary subdivision plat. the Commission must consider the
following:
1. The zoning of the property proposed for subdivision , together with the zoning of
the areas immediately adjacent thereto .
The subject site and adjacent City of Englewood property to the north and east
is zoned 1-2 , General Industrial District. The area directly south and directly west
is within the City of She ridan and is zoned E-Light Industrial. The area southwest
of the Zun i/Flo yd intersection is also within th e City of Sheridan and is zoned A
-Residential. This subdivision does not substantiall y change or impact the
development potential of the area .
2. The proposed la yout of lots and b lock s and th e pr o posed di me nsio ns the re o f to
demonstrate compliance with yard area requi reme nts .
The site contains 102,0 2 5 square fee t or :!.34 ac res. :'-lo m inim um lot frontage
or minimum lot area is required in th e 1-2 , Ge neral Ind ustr ial D istrict. The
proposed subdivision creates :! lots; the larger lot is 1.i :! acres and the smaller
lot is .62 acres in area . Both lots will ha\e frontage and ac ce ss to South Zuni
Street and share a 31 feet access agreement dedicated by this Plat.
3. Tne availability of all utilities, and the prox imity thereo f to the area proposed for
subdivis ion.
Pub li c water and sewer along with elect ric . gas , and communication utilities are
cur r entl y available to the subject property .
4 . Topography and natural features of the land with special reference to flood
plains .
The subject property is not located within an identified flood plain zone.
5. The continuity of streets and alle y s within the area proposed for subdivision, and
the design and location of such streets and alleys , with relation to existing streets
and alle ys. both within and without the area proposed for subci vision, and the
Master Street Plan.
No streets or alle ys are proposed within this subdivision .
6 . All rights-of-way to be designated and located to fac ilitate the safe movement of
pedestrians and bicyclists.
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D istrict and con tains industrial uses. South Zuni Street and West Flo yd Avenue form
the bounda ry between Englewood and the City oi Sheridan . Adjacent Sheridan
property to the south is zoned E -Light Industrial and contains a mix of residential
and industrial uses . The area west of South Zuni Street and north of West Flovd
Avenue is also zoned E -Light Industrial and contains industr ia l uses. The area w~st
of South Zuni Street and south of West Floyd Avenue is zoned A -Residential and
contains vaca nt parcels and res id ential uses.
ZONE DISTRICT :
1-2 , General Industrial District.
PROCED U RE :
Title 10 , Land Subdi visio ns . of the Englewood ,'ltlunic ipal Cod e requires that the
Planning and Zoning Commission re v iew the preliminary plat ior a major subdivision
at a publ ic hearing. After the public hearing, the Commission may approve,
conditionally approve. or disapprov e the preliminarv plat. If the prelimina ry plat is
approved o r condi tio nall y approv ed. the applicant prepares a tin al plat i nco rp o rating
an y su ggestions or conditions resulting from the public hearing.
Upo n submission of the final plat. the Planning and Zoning Commission re v iews the
final plat for conformance to an v conditions imp osed on the prelimina ry plat. A
public hearing is not required ior this re view. After this review , the Commission may
ei ther approve. conditionally appro v e, or disapprove the final plat. When the final
plat is approv ed. it is forwarded to City Counc il with the Comm i ss io n 's
recommendation. L'pon approval by City Counc il, the plat will be reco rde d with the
Arapahoe County Clerk and Recorder.
The applicant may appeal the Commissi on 's determination to the Citv C o uncil as set
forth in Section 10-2-9 of the Subdi v isio n Regulations .
BAC KGROU D AN D ANALYSIS :
Title 10 , Land Sub divi sions . oi the Englewood Municipal Code requires that
unplatted property be subdivided through the Major Subd ivi sion process. N o
minimum lot size or street frontage is required in the 1-2 , General Industrial District.
The property is currently a sing le, irregular-shaped unplatted parcel totaling 2 .34
acres in area. The proposed subd ivisio n will result in the creation of 2 lots. The
larger lot with an area of 1 .72 acres , currently contains 2 ware ho use structures wi th
associated storage area and required park i ng . The smaller lot with an area of
.62acres , contains an office bu ilding built in 2000 that meets landscapi ng and
parking standards .
The intention of the proposed 2-lot subdivision is to split the properties so that the
new office building is on its own parcel. Mr. E. Tod Flo yd, Pres id ent of MGM Suppl y
Company, stated the subdivision's purpose as , "If the new building has its own
parcel we can secure the loan using this subdivided parcel as collateral. This wi ll
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T y 0 F ENGLEWOOD
COMMUNITY DEVELOPMENT
TO: Englewood Planning and Zoning Commission
Robert Simpson, Director, Community Development
....,-v:ricia Langon, Senior Planner
THRU:
FROM:
DATE: August 14, 2001
Planning Commission Date: August 21 , 2001
SUBJECT: MGM Supply Subdivision -Preliminary Plat
Case No. SUB 2001-03 Public Hearing
APPLIC.'1..NT :
Bruce ,vliller
Denver Drywall Compan y
3251 South Zuni Street
Engle wood. Colorado 801 1 0
PROPER TY OWN ER :
Denver Drywall Compan y
3251 South Zuni Street
Engle w ood. Colorado 80110
REQ U EST:
The appl icant has submitted an application to subdivide a 2.34 acre industrial site
into two lots.
RECOM M EN DATION :
The Community Development Department recommends approval of the Preliminary
Plat oi the MGM Suppl y Subdivision and that the applicant be directed to submit a
fi nal plat for re view and consideration by the Commission .
LE GA L DESCRIPTION :
See Preliminary Plat.
LOC-\TI ON OF PROPERTY :
The subject property is located within an area bounded by West Dartmouth Avenue
on the north , the Burlington Northern Santa Fe Railroad right-of-way to the east,
West Flovd Avenue on the south , and South Zuni Street on the west. The adjacent
property ·to the north and east is within Englewood ; it is zoned 1-2, General Industrial
1 OC O :ng!ewood ?a rkwav Englewood. Colorado 80110 PHO NE 303-762 -23 ..12 FAX 303-783-6 89 5
W\\W c1 ~n§it~wood co ui
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parce l of 10 2,025 square feet or 2.34 acres . Th e proposed subdivision c reates two lo ts ; Lot 1, .62
acre and Lot 2, 1.72 acres in area .
Lot 1 is a rectangular lot with 130 feet of str ee t frontage on South Zuni Street. It co ntains an office
building constructed in 2000. Lot 2 is an irre gular·s haped lo t with approximately 1 00 feet of street
frontage o n South Zuni Street . Lot two shares a 31 feet wide access easement with Lot 1. It
contains warehouse structures and associated storage. No minimum lo t fronta ge o r minimum lo t
area is required in the 1·2 , General Industrial District.
The subdivision is being proposed for financial reasons to separate Lot 1 (co ntaining the new office
building) from the rest of the site. As stated in the letter attached to the Staff Report from Mr. E.
Tod Floyd, President of MGM Supply Company, "If the new building has its own parcel we ca n
secure the loan using this subdi vided parcel as co llateral. This w ill free the remaind er of th e land
and buildings to secure other lines of credit that are in o ur everyday business ."
The seven City departments and divisions comprising the Development Revie w Tea m reviewed the
proposed subdivision. All identified development issues of the proposed subdi vis io n ha ve be en
resolved. No streets or alle ys are proposed within the subdivision and no dedi ca ti o n of land is
required . Water and sewer, along with electric, gas and communication utilities are cur ren tl v
available to the site. Drainage and surface water easements have been provided o n th e plat.
The Major Subdivision is required because the site is unplatted land . Th e p roposed subdi\'isi o n is
co nsistent with the Comprehensive Plan , which designates the site as part of a general indus tri al
area.
FINANCIAL IMPACT
No finan c ial impacts to the City are anticipated w ith this subdivision .
LIST OF ATTACHMENTS
Resolution
Staff Report
Findings of Fact
Final Plat
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COUNCIL COMMUNICATION
Date Agenda Item Subject
Final Pl at
0 t obe r 1, 2001 10 C i MG I Suppl\ Subdi\ isi o n
INITIATED BY Bruce Miller, Pr es ident STAFF SOURCE Denver Drywall Company Tri cia Lang o n, Sen io r Plann er 325 1 5. Zuni Street Communitv De\ elopme nt Englewood, Colorado 80110
PREVIOUS COUNCIL ACTION
There has been no previous Council ac ti o n concerning this matter.
PREVIOUS PLANNING COMMISSION ACTION
The Planning and Zoning Commission considered the Pr elimin ary Plat o f th e MGM Suppl y
Subdivisi o n at a public hearing on August 2 1, 2001 . No members o i th e publi c\\ ere present at th e
hearing. The Commission condi ti onall y approved the preliminarv Plat and requ es ted a cla rifi ca ti o n
of the legal description be made on th e Final Plat. On September 5, 2001 , th e Co mmissio n
reviewed Final Plat and vo ted to forward the Final Plat to Citv Counci l wi th a reco mmendatio n fo r
approval.
RECOMMENDED ACTION
Staff recommends that Council appro ve th e Final Plat of th e MGM Suppl v Subdivision . which
proposes to subdivide an unplatted industrial parcel into two lots .
BACKGROUND
The subject property is addressed at 3 296 So uth Zurn Stree t and is zo ned 1-2 . G ene ral Industri al
District. It is located wi th in an area bounded by es t Dartm o uth Ave nu e o n th e no rth , th
Burlington orthern Santa Fe Railroad right-01-,,a\ to th e eas t, West Floyd Avenue o n th e so uth,
and So uth Zuni Street on th e wes t . Th e adja en t property to th e north and east is within
Englewood : it is zoned 1-2, Genera l Industrial Distri ct and co ntains industrial uses . South Zuni St ree t
and West Flo yd Avenue fo rm the boundary between Englewood and the City of Sheridan . Adja ce nt
Sheridan p roperty to the south is zoned E -Light Industrial and contains a mi x of residential and
industrial uses. The area west of South Zuni Street and north of West Flo yd Ave nu e is also zoned E
-Lig ht Industrial and co ntains industri al uses . The area west of South Zuni Street and south o f W est
Floyd A, enue is zo ned A -Residen tial and contains vac ant par els and resid ential uses .
Th e site co ntains 102 ,025 sq uare feet o r 2.34 acres. The prop o sed subdivisi o n c rea t es 2 lo ts ; th e
lar ge r lo t is 1. 72 acres and the smaller lot is .62 acres in area. Bo th prop osed lots ha ve fr o ntage and
acce ss to South Zuni Street and share a 31 feet \\ ide acce ss ease m en t dedicated by this Plat . The
site is occupied by MGM Suppl y, a subsidiary of Den ve r Drywall Company, whi c h is locat ed across
So uth Zuni Stree t.
ANALYSIS
Title I 0, Land Subdivisions, oi the Englewood Municipal Code requires that unplatted property be
subdivided th rough th e Major Subdivision process . The property is c urrentl y a sing le unplatted
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Sectjon 1. The City Council of the City of Englewood , Colorado hereby approves the
MGM Subdivision Final Plat attached hereto as "Exhibit A".
ADOPTED AND APPROVED this l " of October, 200 l.
Thomas J . Burns. Ma yo r
ATI'EST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A . Ellis, City Clerk for the City of Englewood, Colorado. hereby ce rtify t he
above is a true copy of Resolution No ._, Series of 2001.
Loucrishia A. Ellis
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MGM SUPPLY SUBDIVISION
J19' SOUTH llJNI STRITT
[Nll.fM)OO, CO !!0110
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COUNCIL COMMUNICATION
Date Agenda Item
October 1, 2001 10 C ii
INITIATED BY STAFF SOURCE
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Contract for Cons tru cti on
Sen ices for itriivin g Trickling
Filter Media Rem ova l and
Rep la cemen t
L/E W\1\/TP Supervisory Committee Stewart H . Fonda , U !ilities Dire ct o r
Mark Van Nostrand, Se n ior Pr o ject Engineer
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
In Jul y :1000 Council approved a co ntract t o purchas e new tricklin g iilter media fo r th e top la yer oi
Nitrifiying Tri ckling Filter No. 1 and No. 2 from Br entwoo d Industries .
RECOMMENDED ACTION
The acti o n re commended is to approve th e co ntra ct with Cleanwater Co ntrac tin g as gene ral
co ntract o r for co nstru cti o n services for th e Rem ova l and Rep la ce m e nt of th e itrifying Tr ic klin g Filter (NTF )
Media i n th e am o unt of $64,5 1 :!.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In 2000, new trickling filter media was purc has ed fo r installation in th e to p la ye rs of Nitrifying Tri c klin g Filt er
No. 1 and No. 2. The repla ce ment of the existing m edia nee ds to tak e place to repla ce wo rn and da m aged
media and ensu re o n-go in g reliable trea tment from th ese units .
A Reques t fo r Bids fo r th e Rem ova l and Repla ce m ent oi th e TF Media was advertised beginning in Au gust
:1000 . A mandatory pre-bid m ee ting was held in August. Thre e general co ntra cto rs attended th e pre-b id
meetin g. Cleanwater Contracting submitted the o nl y bid o n September 6, 200 1 in th e am o unt of $6 4,51 :!.
The bid is co nsidered to be resp o nsi ve . Cleanwater Co ntracting succes sfull y completed a co nstru ct ion
project at th e L/E WWTP in 2000. It is important to complete this work during the m onth of D ece mber
:!00 1 w h en discharge permit co nditi o ns can allow the work to procee d with minimal impact. Staff and th e
Supervis ory Co mmittee reco mmend that the contract with Cleanwater Contracting be app roved in th e
amou nt of $64,5 1 :! .
FINANCIAL IMPACT
Th e cos t o f th is expe nditure is a ca pital ex pense and wi ll be shared 50 /50 by th e Cities o f Englewood and
Littleton .
LIST OF ATTACHMENTS
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SECT-ON 00700
THE CITY OF ENGLEWOOD
LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT
NITRIFYING TRICKLING FI~TER MEDIA REMOVAL AND REPLACEMENT
CONTRACT OVERVIEW
Copies of the following documents constitute the project
manual and are included herein for inspection.
1.
2.
Contract requirements for Littleton/Englewood
Wastewater Treatment Plant Nitrifying Trickling
Filter Media Removal and Replacement includi ng
technical specifications and Drawing Cl.
EXHIBIT A --Copy of purchase order, quotation,
terms and specifications for Owner prepurchased
trickling filter media to be installed under this
contract.
3. EXHIBIT B: Existing Conditions --"As built"
Nitrifying Trickling Filter No. 1 & 2 mechanical and
structural drawings, "For Reference Only".
The Work covered under this Contract will be performed at the
Littleton/Englewood Wastewater Treatment Plant, 2900 South Platte
River Drive, Englewood, Colorado. The Work includes furnishing all
labor, materials, and equipment on a lump sum basis as directed by
the Owner or Construction Manager for Removal and Replacement of
Nitrifying Trickling Filter Media, summarized by, but not limited
to , the following:
1.
2 .
Removal, storage, and replacement of existing foul
air duct, aluminum dome panels, electrical and
control equipment and appurtenances as required to
perform the Work. Systematic removal, inventory,
storage and disposal of existing trickling filter
media as directed by the Engineer. Receipt and
installation of new tricklino filter media. New
trickling filter media is provided by t h e Owner and
stored on-site. Provisions as specified in Sections
01013, 01046, 01500, 01640, and 13561 is provided
for reference and the scope of work sha l l be
performed as directed by the Owner or Construction
Manager.
Removal, storage, and replacement of two modules
from the second layer from each nitrifying trickling
filter. Clean and disinfect modules to be ready for
shipment. Owner will coordinate and pay for
shipment to an independent testing laboratory.
00700-1
NTF Med ia
Replacement Contn1 ct
Rev 08/07/0 1
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Removal and disposal of used media modules that are
currently in storage. The used media is stored
within existing buildings and a truck trailer
located on the plant site. The quantity of med i a to
be removed and disposed of is approximately 1 10
cubic yards.
The Contractor will be required to furnish a performance,
payment, and maintenance bond, ·in an amount not less than 100
percent of the Contract amount.
**END OF SECTION**
00700-2
NTF Meo ~
Repiacemen! Conira ::-
Rev . 08/07/0 '
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ORDINANCE NO .
SERIES OF 2001
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO . 66
INTRODUCED BY COUNCIL
MEMBER~~~~~~
A~ ORDINANCE AUTHORIZING THE TER.MINATION OF A LEASE AGREEMENT
BETWEEN RADIO VENTURES (KQXI) AND THE CITY OF ENGLEWOOD AND
THE CITY OF LITTLETON .
WHEREAS , the City Council of the City of Englewood authorized the City to e nter
into a Lease Agreement with Radio Property Venture (KQXI ) by the passage of
Ordinance No. 44 , Series 1991 ; and
WHEREAS , the City Council of the City of Englew ood authorized a "Co n se nt To
Assignment Of Lease'' of this property to ABC Inc .. Di s ney Co mpany being the pa r ent
company to ABC Inc .. by the passage of Ordinance \'o. 6i. Se ri es of 1998; and
WHEREAS, the leased prope rty 1s s ituated within the boundaries of the Bi-City
Wastewater Treatment Plant: and
WHEREAS , the B1-C1ty Wast e water Treatment Plant 1s movi ng forward with
planned improveme nts associated with Phase 2 expans ion of this facility whi ch will
require the use of the le ased prope rty ; a nd
WHEREAS , Sect10n 10 of th Lea se provi de s that the Lease may be terminated by
the Lessor (Cities of Littleton a nd Englewood), when the City Council determines that
public necessity and co nve nience require it to do so ; and
WHEREAS , the City of Englewood ha s determined that public necessity a nd
convenience require the termination of the Lease in order to allow for the planned
improvements associated with the Phase II expansion of the L1ttleton/Englewood
Wastewater Treatment Plant;
NOW , THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE C ITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS :
Sectjon l. The Englewood City Council hereby find s that the planned Phase 11
expansion of the Littleton/Englewood Wastewater Treatment Plant will require the
use of all or a portion of the property now le ased by Rad10 Property Ventures (KQXI)
/ ABC Inc., (Disney) from the Cities of Englewood and Littleton and therefore the
City Council finds that the public necessity and convenience require 1t to terminate
the lease with Radio Property Ventures/ABC Inc . for a portion of the
Littleton/Englewood Wastewater Treatment Plant site.
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S@ctjon 2. In accordance with Section 10 of the Lease between the Cities of
Littleton and Englewood and Radio Property Ventures dated July 16, 1991 , the
Englewood City Council hereby directs the Director of Utilities to give written notice
terminating the Lease as of October 3, 2003, given to Radio Ventures/ABC Inc. as
required by Section 10 of the Lease.
Introduced, read in full , and passed on first reading on the 1st day of October,
2001.
Published as a Bill for an Ordinance on the 5th day of October, 2001.
Thomas J. Burns , Mayo r
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby 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 1st day of October, 2001.
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date Agenda Item
October 1, :WOl 11 a i
INITIATED BY STAFF SOURCE
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Subject
Radio Tower Pr operty Lease
Termi nati on
City Attorney Stewart Fo nd a, Direc to r 0 1 tdit1 es
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
In 1991 the ci ties of Englewood and Litt leton entered into a fifteen ye ar lease with Radi o Propertv e ntures
fo r th e Littleton/Englewood Wastewater Plant (L/E W\VfP) property, o n which th e radio transmitt ing tower
sits. In 1998, th e lease was transferred from Radio Property Ventures to ABC In c., with no chan ge in th e
term s of th e lease. The tower sits o n the southeast co rner oi the L/E W\VTP property.
RECOMMENDED ACTION
The ac t ion re commended is t o approve by Ordinance the terminati o n of th e radio tower property lea se
with ABC In .
BACKGROUND , ANALYSIS, AND ALTERNATIVES IDENTIFIED
On Jul y 16 , 1998, Radio Pr operty Ve ntures obtained the consent of the Federal Co mmunica ti ons
Commission to the assignment of the broadcast radio station li ce nses and related assets us ed in th e
operations o f radio sta t ions KQXI and KAYK to ABC , Inc. The assignmen t included th e bro adcast radi o
station li ce nses , related assets and th e property leas e agree men t with the ci ti es of Littl eton and Engl wood
whe re th e b roadcast tower is loca ted .
The Phase 2 expansion of the Littleton/Eng lewood Wastewater Pl ant requires th e additi o n of signifi ca nt
process units that will infill most of th e plant property , incl uding th e property leased for th e radi o stati o n
tower. Housing the tower requires approximate!, fi, e acres o f unused property, which the L/E W\VTP wi ll
not be able to accommodate upon co mmence m en t o i the Phas e 2 proje ct.
Approximate! two months ago , plant staff met with representatives o f Radio Disne , the paren t co mpany
of ABC. In c. to apprise th em o i th e impending necessit, to ha \'e th e tower relocated off the L/E W\VTP site .
Th ey were appreciative of the notice and understanding oi th e nE>ed for such act ion .
Th e City of Li ttl eton and its Co uncil ar e aware of the situation and in agreement with this co urs e of actio n.
FINANCIAL IMPACT
The in come from the lease of th e property is approximately S 14.000 per year and is split 50/50 between
th e c ities of Li ttl eton and Eng lewood. This revenue source will be discontinued following terminati on o i th e
leas e.
LIST OF ATTACHMENTS
Ordinance
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BY A TH ORI TY
A BILL FOR
COUNC IL BILL N ~
INTROD UCED Bico':JNCIL
MEMBER~-,.~~~~-
AN ORDINANCE AUTH IZIN~THE RMI NATI ON OF A EA S E AGREEME NT
BETWEEN RADIO VENT E (KOX ND THE CITY OF NGL EW OO D AN D
THE CITY OF LITTLETON .
WHEREAS . the C ity Council the City of Englew
into a Lease Agreement with Rad1
Ordinance No . 44 , Series 1991 : a n
WHEREAS, the City Co uncil of the 1ty of E
d t he City t o e nt e r
t he passage of
Assignment Of Le ase·· of this prope rty t c .. D1 n y ompany b mg the pa r e nt
co mp a n y t o AB C Inc .. by the passage of rd1 a nce ::s1 o. 6 i . e n s of 199 . a nd
WHEREAS , the leased prope rty 1s sit
Wast e wa t e r Treatm e nt Pl a nt : a nd
1t y
WHEREAS . the Bi -C ity Wast ew er Treat e nt Plant ,s mov m g o r wa r d with
pl a nne d improvem e nts associa ted ith Pha se expa ns io n of t h,s fa ci.l1ty w hi ch will
r e quire t he use of the leased pro r ty ; a nd
WHEREAS . Section 10 of e Le ase provid e h at t he Lea se ma y be t e rm inated by
the Lessor (Cities of LJttle a nd Engle wood), w n t he City o un ci.l d t r min s t hat
public necessity a nd co nve · ence require 1t to do s : a n d
d t h at pu bli c necessit y and
co nve nie nce r equir e rd er to a ll ow fo r the pla nned
improveme nts ass ia t ed with the Phase II e xp a n s1 n of the Li t tleton/E n gle woo d
Wa st e wa t e r Tre ment Pl a nt;
NOW , THE
E NG LEW
FORE, BE IT ORDAINED BY THE C l\rY CO NC IL O F TH E CITY O F
D, COLORADO , AS FOLLOW S :
i2.1:.~llll.~-The Englewoo d City Co uncil here by find s that the pl a nned Phase 1
exp s1on of the Littleton/Englewoo d Wast ewater Trea tment Pl a n t will r e quir e
u s of a ll or a portio n of the property now leased by Ra dio Prope rty Ve ntures {OXl )
l . BC Inc., (Di s ne y) fr om the Cities of Englewood a nd Littleto n a nd t he r efor the
Cit y Council find s tha t the public necess ity a nd co nve ni en ce r equire 1t t o te rmma t e
the lease with Radio Property Ventures/AB C Inc. fo r a portio n of the
L1ttle t on/E n glewoo d Wast ewa t e r Treatme nt Pl a nt s ite .
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ORDINANCE NO._
SERIES OF 2001
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BY AUTHORITY
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COUNCIL BILL NO. 59
INTRODUCED BY CO U NCIL
MEMBER BRADSHAW
AN ORDINANCE AUTHORIZING A "LICENSE AGREEMENT" FOR CONDUIT FOR
UNDERGROUND CABLE ACROSS THE CITY DITCH RIGHT-OF-WAY TO AT&T
BROADBAND .
WHEREAS , AT&T Broadband requested a License Agreement in order to install an
underground conduit for cable across the City Ditch located at the new development
"Aspen Grove" shopping center on South Santa Fe Drive north of Mineral Avenue ; and
WHEREAS , the passage of this Ordinance will allow the installation of an
underground bore of three (3 ), two inch (2") PVC conduits at a depth of approximately
thirteen feet (13 ') across the City's Right-Of-Way for the City Ditch: and
WHEREAS , the Englewood Water and Sewer Board recommended Council approva l
of the "License Agreement" to AT&T Broadband by telephone vote on September 7.
2001 meeting;
NOW , THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS :
Sectjon 1. The "License Agreement" to AT&T Broadband for conduit for cable
across the City Ditch, as described in "Attachment 1", is hereby accepted and
approved by the City Council of the City of Englewood , Colorado .
Sec;tjon 2. The Director of Utilities is authorized to execute the "License
Agreement'" for and on behalf of the City of Englewood , Colorado.
Introduced, read in full , and passed on first reading on the 17th day of September,
2001 .
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Published a s a Bill for an Ordinance on the 21st day of Se ptember, 2001.
Read by ti tle and passed on final reading on the 1st day of October, 2001.
Published by title a s Ordinance No.~ Series of 2001 , on the 5th day of
October, 2001.
Thomas J . Burns, Mayor
A'M'EST:
Loucrishia A. Ellis , City Clerk
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I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby ce rtify
that the above and foregoing is a true copy of the Ordinance passed on final re a ding
and published by title as Ordinance No . ~ Series of 2001.
Loucrishia A . Ellis
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LICENSE AGREEMENT
THIS LICENSE AGREE:'vlENT, made and entered into as of th.is day of
------· 2001 , by and between the CITY OF ENGLEWOOD . a municipal
corporation of the State of Colorado. herein referred to as "C ity", and TC! CABLE\t1SION OF
GEORGIA. INC . dba . .\T&T BROADBAND herein referred to as "Licensee ".
WITNESSETH : The City without any warranty of its title or interest whatsoeve r , hereby
authorizes Licensee to install an underground bore of three (3). two inch (2") PVC conduits
at a depth of approximately thirteen feet (13'), across the City's Right-of-Way for the City
Ditch, described as a parcel of land situated m the East 1/2 of Section 29 , T owns hip 5
South. Range 68 West of the Gtl> Principal :'vleridian . County of . .\rapahoe . State of Colorado .
depic ted upon Exhibit A , attached hereto and made a part hereof.
l. Any co nstruction conte mplated or performed under this License shall co mp ly with and
conform to standards formulated by the Director of Cttlities of the City and ,;uch
con s tructio n s hall be perfo rmed and co mp leted accordmg to the plans approved by the
City.
2 . The Licensee shall not ify the C1 t y·s Dtrector of Ct1lit1es a t least three (3) days pnor t o
the time of co mmencement of the co nstruction of. or a ny r epatrs made t o. L1 censee ·s
condwt so that the City may , in 1t3 discretion. m spect ,;u ch operatio n s.
3. Within thirty (30) days fr om the date of commencement of co nstruction of s aid co ndw t.
the Licensee shall complete such construction. place and mamtam permanent. visible
markers. of a type and at such location s as designated by the City's OU'e ctor of
Utilities, referring to the centerline of the in stallation and sha ll clear the cr ossing a r ea
of all construction debns and restor e the area t o its previous co ndino n as near as m ay
be reasonable . In the event the placing of the centerline markers and the clearmg a nd
restoration of the crossing area 1s not completed within the time specified . the Ci t y
may complete the work at the so le expense of the Li ce nsee .
4. The City shall have the right to :namtain. ins ta ll . repatr . rem ove or reloc ate the City
Ditch or any other of1 t s facilitie s or mstallations within the City·, Right-of-Way . at any
time and m such m anner as the City deem ,; ne cessary or converuem. The City
5.
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re ser ves the exclusi,·e nght to co ntrol all easeme nts a nd m s tallauons.
The stipulation and conditions of this License shall be incorpor a t ed into co ntract
s pecific:ltions if the co nstructio n herein authorized is t o be done on a co ntract bas is .
The rights and privileges granted m t his Lic ense sh all be sub3ect t o pr:o r agreements ,
licen ses and/or grants. re co rded or urtreco r ded . and 1t shall be the Lic e nsee·, sole
responsibtl.ny to determine the existence of said documents or con.fuctmg uses or
installations .
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7 . The Licensee shall contact and fully cooperate with the City"s personnel and the
construction shall be completed without interference with any lawful. usual or ordinary
flow of water through the City Ditch. Licensee shall assume all risks incident to the
possible presence of such waters . or of storm waters, or of surface waters in the City
Ditch.
8. All trenches or holes within the City's Rights-of-Way shall be backfilled and tamped to
the original ground line in layers not to exceed six (6) inches loose measure to a
compaction of ninety per cent (90%) Standard Proctor Maximum Density .
9 . Licensee shall indemnify and save harmless the City, its officers and employees ,
against any and all claims. damages. actions or causes of action and expenses t o
which it or they may be subjected by reason of said access drive being withm and
across the premises of the City or by reason of any work done or omission ma de by
Licensee, its agents or employees. in connection with the construct1on . replace me nt ,
maintenance or repair of said installation.
10. It is expressly agreed that in case of Licensee's breach of any of the w1tiun prom ises .
the City may , at its option. have specific performance thereof . or s u e fo r dam age
resulting from such breach .
11. Upon abandonment of any right or privilege herem granted . the right of Li ce n see to
that extent shall terminate . but its obligation to indemnify and save harm less the
City, its officers and employees . shall not terminate many ev ent
In granting the above authorization. the City reserve s the right to make full use of t he
property involved as may be necessary or convenient m the operation of the City Ditch
system under the control of the City .
I~ WIT;'!ESS WHEREOF. this instrument has been executed as of the day and year first
above written.
APPROVED :
By : ------------
Stewart Fonda
Director of Ctiliues
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CITY OF E~GLEWOOD
Acting through and by its
Water and Sewer Board
By :
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ATTEST :
Title
(SEAL)
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STATE OF COLORADO )
A_ . )ss.
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Jcsei;h R. Stackhouse
Senior Vice President
COUJ:'.ITI OF f:W:~JC<., )
The fo~:omg :llc5trument was acknowledgedJ2.efore me this Tua~· of Lt,\;_), i, S /:::
2001 , by ~5fpb K 9QC'£~::cl.(P as \j1C e__'l'(J5icl en\:: of TCI Cablevmon of
Georgia. Inc . oba AT&T Broa dband
IN WIT1'i"'ESS WHEREOF , I have hereunto set my hand and affixed my official seal the
day and year first above written.
ll'f (XIMSSl)i "'''" .!:'""ta; 0f una UL Lf} Jt,_A.iw
My co mmission expires: ______ .t\l_~_._~~ .-., NOTARY PL13LIC I
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SE 1 /4 SECT ION 29, TOWNSH IP 5 SO U TH, RA GE 68 WEST 6t h P M
N cou TY OF ARA?AHO E ----
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a,ot ,r ••n ... ..,.. Cl# CMX at •a~Jtt
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ASPEN GROVE
POINT OF'
COMMENCEMENT---..!....
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A7&i PROPOSED 80RE
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PROF ILE
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WATERL INE
ENGLEWOOD CITY DITCH
PMT (J Tl( SE1 4 SECTION 29 TOWNSflP 5 SOUTH, P.Na: 68 WEST 1 "=
SIXTH PRINCIPAi. MERIDIAN ARAPAHOE COUNTY COLORADO PAGE 1 OF 1
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794-4704
794-4703 ~ -041195-00
ICJlJ fl.DSP£1G(M.DWC
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RESOLUTION NO. tO
SERIES OF 2001
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A RESOLUTION APPROVING AN ADDENDUM TO THE GOLF COURSE RESTAURANT
CONCESSIONAIRE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND REIF
GOLF ENTERPRISES. INC .
WHEREAS, REIF Golf Enterprises, Inc. was selected as the concessionaire to operate the
Englewood Golf Course Clubhouse restaurant in October, 2000 ; and
WHEREAS , the purpose of the Lease is to provide snack bar, grill and bar services to the
golfing public and a quality, full-service restaurant facility offering breakfast, lunch and
dinner for group meetings, service clubs and informal evening dining; and
WHEREAS , this Addendum amends Section 11 -Rent, in the Lease Agreement signed in
October, 2000 to provide for a rent of 8% of the gross revenues or $30 ,000 per year,
whichever is greater;
NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , THAT:
Sectjon 1. The Addendum to the Agreement between the City of Englewood and REIF
Golf Enterprises. Inc . for restaurant/concession services at the Englewood Golf Course,
amending Section 11-Rent. is hereby approved . A copy of said Addendum is attached
hereto as "Exhibit A" and incorporated herein by reference .
Sectjon 2. The Mayor and the City Clerk are hereby authorized to sign and attest the
Agreement described above for and on behalf of the City of Englewood , Colorado.
ADOPTED AND APPROVED this 1st of October, 2001.
Thomas J. Burns, Mayor
ATTEST :
Loucrishia A. Ellis, City Clerk
l , Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado, hereby certify the
above is a true copy of Resolution No .~ Series of 200 l .
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date Agenda Item Subject
Res taurant Co ntrac t-Reif Golf
October 1, 200 1 11 C i
Initiated By Staff Source
Department of Parks and Recreation Jerrell Bla ck, Dire ct o r of Parks and Rec rea ti o n
Bob Spada. G ol f Operati o ns Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
2000 Approval of Restaurant Contract-Reif Golf D .B.A-Bogey 's Bar and Grill
1996 Approval of Restaurant Co ntract-JOQ 's Co rp o ration
1988 Approval of Restaurant Contract-Anders o n/Mall oy, In c. D.B.A.-W ood 's Club
1986 Approval of Restaurant Contract-Mur-Ja mes Co rporati o n
1982 Approval of Restaurant Contract-2101 Corporation
RECOMMENDED ACTION
Staff recommends Citv Council adopt a resoluti o n amending th e exis tin g co ntra ct b etwee n
the City of Englewood and Reif Golf. The amendment would change Rent fr o m $36.000 p er
yea r or 10% of the gross sales (whichever is grea ter), to 8% oi th e gross sal es , o r a
minimum of $30,000 annually.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Englewood Golf Course has provided a restaurant co nce ssi o n at th e ex isting cl ubh ouse
since 1982 . Reif Golf. D.B .A. Boge y's Bar and Grill. took O\ er th e o pera tion in O c to ber
2000 . They provided a new decor with pictures and fl ow ers . renm ated th e bar area and
mad e improvements to the kitchen area, purchased a big screen TV, tc. to improve the
operations of the restaurant. Bogey's Bar and Grill has in crease d th e restauran t business
significantly. In the first eight months of this yea r, Bogey's has alr eadv surpasse d th e
previous concessionaire 's annual gross sales . Staff belie ves that Boge 's Bar and Grill wi ll
approach $400,000 in gross sales as compared to $2 35 ,000 in yea rs past.
FINANCIAL IMPACT
Thi s will be a decrease in reven ue to the Engl ewood Golf Course oi approximately $4,000
annuall y. Howeve r. the gues t services and m enu sele cti on has greatl improved fr o m
previo us operators . Staff believe s this is still a strong co ntra ct w h en compared to o th er golf
co urs e restaurant con tra c ts .
LIST OF ATTACHMENTS
Proposed Resoluti o n
Amended Contract
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ADDENDUM
THIS ADDE i 1DCM TO THE AGREEMENT which was made on October 2. 2000 , be t ween the CITY OF
ENGLEWOOD, a Colorado municipal corporation, hereinafter referred t o as "City". and REIF GOLF ..
hereinafter referred to as "Concessionaire";
As of October 3, 2001 the payment of rent shall be due as foll ows :
Section 11 RENT.
a) Concessionaire shall pay rent to the City in accordance with the following schedule :
i. Commencing on October 3, -9eOO 2001, the Concessionaire s hall pay Siil .999 ]!!et mefttk er
~ filf! of the gross. or $30 000 .00 per vear whichever is greater. Gros s s hall include
vending machines and all revenue (except taxes) that are produced or co nducted on t he
Leased Premises.
The aforesaid ~ent payments shall be paid each month. il'l ae.. llftee . ett ~ the ~
t!:mh day of eedt the fol)owing month, er eft tke firM Mefte.11_. ef eael,. mefttft ti tke fuost
e.11, fal:ls en 611ttH"e.11, et Sttne.11,.
There s hall be an annual review of rent payments due and made for t he year t o de te rmme
any addition al am ount owed . The fina l payment. a s determine d by this re view . s hall be
due by Octobe r 15 ,h annually .
On or before October 2001 REIF Golf will furnish to the Cit '" an irre\"Ocab le letter of credit
m fa vor of and pavable to the Citv for ten thousand dollars l ' S. rs10 000 .00}. t o secure
the pa ,·ment of anv outs;andmg amounts owed unde• th1s Contract and not pa1d bv
Oct ober 15 of each vear .
A penalty fee of $10 .00 per day or part thereof shall be charged for each day or part
thereof that the rent 1s past due . until 12 :00 m1dmght on the 14th day past due . If the
rent pay ment is not received by midnight on the 14th day past due , the Concessionaire
shall be m v1olat1on of the terms of tlus Agreement, and subject to termination.
IN WITNESS WHEREOF , the parties hereto have hereunto s et thell' hands and seals as of the day and
year first above written .
DATED :---------
CITY OF ENGLEWOOD , COLORADO
"City"
Thomas J . Burns. '.\-layer
ATTEST :
Loucri1hia A. Ellis, City Clerk
REIF GOLF
··Concessionaire"
By e,..J A ' ~
~Ro~ar D. ~e){,/
By \ \ c,,1) J[,·-r:;
C /
David Magara~,m
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RESOLUTION NO. JL
SERIES OF 2001
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A RESOLUTION DESIGNATING THE 2734 SOUTH ACOMA STREET AS AN HISTORIC
PROPERTY IN THE CITY OF ENGLEWOOD , COLORADO .
WHEREAS , the Englewood City Council enacted a Historic Preservation Ordina nc e in a n
effort to preserve, protect and promote the value of historic properties located w1tlun the City
of Englewood ; and
WHEREAS , the house located at 2734 South Acoma was erected in 1919 ; a nd
WHEREAS , this structure is representative of the '"arts and crafts"' style mtenor . a nd
architectural type which is valuable for the study of this period: and
WHEREAS , the fireplace is constructed with rock indigenous to Co lorado a nd t.he
windows throughout reflect unusual markings indicating a rare window-makmg technique
which epitomizes a style of home built in early Englewood ; a nd
WHEREAS , one of the early owners of the prope rty, George I. Scheneman, wa s a popular
woodworker in Englewood and utilized this property as hi s offi ce : a nd
WHEREAS , 2734 South Acoma Street meets all of the criteria se t forth in the Englewoo d
Historic Preservation Ordinance:
it is at least 50 years old : and
it is a structure connected to a person significant to the history of Englewood ; a nd
tt reflects the broad social history of Englewood :
WHEREAS , the Englewood Planning and Zoning Commission held a Public Hearing on
August 21. 2001 and the Englewood Planning and Zoning Commission recommended
designation of 2734 South Acoma Street as a privately owned, Englewood Historic property;
NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT:
Sectlon 1. 2734 South Acoma Street be designated a hi storic property .
ADOPTED AND APPROVED this 1st of October, 2001.
Thomas J . Burns. Ma yor
A'M'EST :
Loucriahia A . Ellis. City Clerk
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I, Loucrishia A. Ellis, City Clerk for the City of Englewood . Colorado , hereby certify the
above is a true copy of Resolution No .~ Series of 2001.
Loucrishia A. Ellis
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CITY OF ENGLEWOOD
3400 S. Elati Street
Englewood, CO 80110
Historic Preservation Application
For Individual Property Designation
Applicant Information
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Name of Applicant trll t la«1'<.l !>dn:e-L Telephone Nu mber »,3 7r 1-7'$35'
Address of Applican t .:Y7)t./ .S. O:il~nf\., 2,)'"1 /;;1 ;,,;,;,;cJ I Co £?11C
Name of Property Owner -~=---?. _____________ _
Property Information
Address of Property
Legal Description of Structure --~ ... ;J __ 9~r--· I_O _______ __,J&..1<-d .... f..:o .. ,;J;.,,;·=/#-· __ _
(.1]/1t /.O i
Date of ~pplicJ tio n --,,;~ii::" =:::i1t:t:J '.S'r:t-/:r:., ;2...J(L_ , ,..,;
Fee Paid ___..4,,;.1 ... 't...,~,_/&,,;rl'-------'/~c~.~"·---
Attac hme n ts : Criter ia for Designatio n
Public Hearing Date ~/ d' I/ t'f l
Chec k :-siumber ;:/.;r,Jd ;_,
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CRITERIA FOR HISTORICAL PRESERVATION APPLICATION
1. All buildings. structures or districts : The Planning and Zoning Commission shall use the
following criteria to determine whether a building, structure or district has architectural
or historic significance :
A. Only buildings o r structures which have been in existence for at least fifty (50 ) years .
or districts in which the majority of structures ha ve been in existence for at least fifty
(50 ) years ma y be designated. In addition, such building, structure o r district must
als o meet one of the following criteria :
i. A building, structure, or a majority of structures within a district w hich have
some connection to ev ents or persons signifi ca nt to th e histo ry of the City of
Englewood , Arapahoe County, the State oi Colorado, or the U nited States ;
or
ii. A building, structure or a group of structures wi th in a district w h ich embodv
distinguishin g characteristics of an architectural ty pe inherentlv valuable fo r a
stud v of a period, stvle . meth o d oi constructi o n, o r of ind igen o us materials
or cra ftsman ship; o r
iii. A building, structur e o r a gro up oi structures wi thin a district w hich
exemplifies or reflects the broad c ulture. p o litical. economic, o r soc ial h1st o rv
of the City of Englewood, Arapahoe County, the State of Colorado . or the
United States; o r
iv . Those build ings. structures or districts wi thin the City w hich are listed in the
National Reg ister of Historic Places shall be co nstrued as having local
historic designa ti o n. and subject to the sa m e provision s as an local histo ri c
buildin g, structure o r di str ict.
2. Districts : The Plann in g and Zoning Comm iss io n shall use the followi ng additional
criteria to determine whe ther a district has architectural o r historic significance :
A . Significance is determined by appl yi ng the criteria of subsection 1, oi this Sectio n to
the pattern (s ) and uni fyi ng element(s).
B. Nominations will not be approved unless the application co ntains wri tten approval
from the ow ners of at least two-th irds (:?/3) of the properties within the distr ict
boundaries .
C. Properties that do not contribute to the significance of the historic district ma be
included within the boundaries so long as the noncontributing elements do not
noticeably detract from the district's sense of time. plac e. and historical
development. Noncontributing elements will be evaluated fo r their magn itude oi
impact by considering their size , scale, design , location. and /o r informatio n
potential .
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D . District boundaries will be defined by visual changes , historical documentation of
different associations or patterns of development. or evidence of changes in site
type or site density as established through testing or survey .
E. When districts are designated, applicable design guidelines and other appropriate
restrictions may be included as part of the designation.
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F. The district could be exempt from the age standard if the other significant criteria are
found exceptionally important
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
IN THE MATTER OF CASE #HD-2001-01 )
FINDINGS OF FACT, CONCLUSIONS )
Al"ID RECOMMENDATIONS REL\ TING ) FINDINGS OF FACT AND
CONCLUSIONS OF THE
CITY PLANNING AND
ZONING COMMISSION
TO HISTORIC DESIGNATION OF A )
PRIVATELY OWNED RESIDENCE AT )
2734 SOUTH ACOMA, ENGLEWOOD. CO. )
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INITIATED BY: )
Bill and Laura Bartnick )
2734 South Acoma Street )
Englewood, Colorado 80110 )
Commission Members Present : Krieger. Lathram. Mueller. Stockwell , Welker. Willis.
Waggoner
Commission Members Absent : Rempel. Weber
This matter was heard before the City Planning and Zoning Commission on August 21. 200 I. in
the City Council Chambers of the Englewood Civic Center.
Testimony was received from staff and from the applicant. The Commission received notice of
Public Hearing, and the Staff Report. which were incorporated into and made a part of the record
of the Public Hearing.
After considering the statements of the witnesses. and reviewing the pertinent documents, the
members of the City Planning and Zoning Commission made the following Findings and Con-
clusions .
I.
2.
3.
FINDINGS OF FACT
THAT the application for Historic Designation of the property at 2734 South Acoma
Street, was filed by Mr. and Mrs. Bill Bartnick. owners and residents of 2734 South
Acoma Street.
THAT notice of the Public Hearing was given by publication in the official City newspa-
per, the Englewood Herald, on August 10, 2001.
THAT testimony was received from Senior Manager Lauri Dannemiller regarding eligi-
bility of 2734 South Acoma Street for Historic Designation.
H (.,IOl.P'BOA&lJS ,u/'I.COMM fllldlllp F--... !001 FOF --Ito !001 .0 1 1i'4 S "'om;a dtJc
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4 . THAT testimony was received from applicant Laura Bartnick. owner and resident of
2734 South Acoma Street , regarding her desire to preserve the residence and to improve
the neighborhood.
5. THAT no member of the general public was in attendance to address the Commission on
this issue .
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CONCLUSIONS
I. THAT the application for Historic Designation of the 2734 South Acoma Street was filed
by a Bill and Laura Bartnick, owners and residents of 2734 South Acoma Street.
2. THAT proper public notice of the Public Hearing was given by publication in the Engle-
wood Herald on August 10 , 2001.
3. THAT the 2734 South Acoma Street does meet eligibility requirements for Historic Des-
ignation :
a. The structure must be at least 50 years old .
b.
c .
TlllS partzcular stnicture u:as built m I 9 I 9 .
The building, structure, or group of structures within a district which embody dis-
tinguishing characteristics of an architectural type inherently valuable for a study
of a period , style , method of construction, or of indigenous materials or crafts-
manship . Th e ;tnict11re represe 11l s th e "Arts & Crafts ·· sty le mt eno r. a11 Jr c/11tect11ral typ e
vc1/uc1blefor the st11 dy oft/u s period . .,Jdd1 t1 011al~v, tlufircpl11 ce 1s co11stmcted
u.:1th ro ck mdzge 110 11 s to Colorado . Th e u:Z11 dou·s th ro 11g ho11t reflect 111111 s1111l
markmgs 111 d1c11 t111 g a rare u:mdou ·-m ak lll g tec/1111q11 e.
The building or structure must exemplify or reflect the broad cultural , political ,
economic or social history of the City of Englewood. Arapahoe County, the State
of Colorado . or the nited States .
011e of th e ea rly ou·,urs of th e prop erty , George I. Sche11 e111 a11 , u:11 s 11 popul11r
u:oodu•o rk er 111 th e E11 gleu:ood a rea and 11til1z ed t/u s prop erty J S /11 s qffice.
DECISION
THEREFORE. it is the decision of the City Planning and Zoning Commission that the property
at 2734 South Acoma Street, should be granted Historic Designation status .
The decision was reached upon a vote on a motion made at the meeting of the City Planning and
Zoning Commission on August 21 , 2001 , by Welker, seconded by Krieger, which motion states :
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"The Planning Commission recommends historic designation for the privately owned property al
2734 South Acoma Street, Englewood, Colorado ."
AYES :
NAYS :
ABSTAIN :
ABSENT :
Krieger, Lathram , Mueller, Stockwell, Welker, Willis, Waggoner
None
None
Rempel , Weber
These Findings and Conclusions are effective as of the meeting on August 21 , 2001..
BY ORDER OF THE CITY PLANNING & ZONING COMMISSION
Kells Waggoner, Vice-i~
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rUBLIC NO.TICES Englewood Herald· August 10. 2001 • Page 27
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CITY OF ENGLEWOOD
NOTICE OF PUBLIC
HEARING
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COUNCIL COMMUNICATION
DATE :
Octobe r 1, 2001
AGENDA ITEM
11 C ii
SUBJECT : Histo ri c Propert
Designation -2734 South A coma
INITIATED BY : STAFF SOURCE :
Comm unity De\elopment Lauri Dan nem ill er, Seni o r Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION:
o pre\ ious a t io n has bee n taken o n this matter.
RECOMMENDED ACTION:
Sta ff r commends that City Council adopt the attached Res o luti o n fo r Histo ri c Pr oper!\, Desi gnati o n
tor th pr pertv located at 2734 South Acoma Str ee t.
BACkGROUND :
This appli at 1o n. i ni t ia ted by property owners Bill and Laura Bartni ck is fo r the str u lure located at
2734 Sou th A oma . Erected in 1913 , th is structure is representati ve of th e "art s · cratt s" stvle
interior, an architectural ty pe va luable for the studv of this peri od. Th e Arts and Cra rts archi tectural
m ovemen t was made popular in the lat e 19 'h Century in Europe, sharing some lements o f the Art
o uvea u m ovement, based in o rganic shapes . The C raftsman Style is c hara cter ized b v low-p itched,
gabled roofs with wide eave overhangs , exposed and extended roof rafters , deco r a ti\ e beams
under the ga bles, projecting balconies and second story porches. Tapered square columns tvpi callv
support the roofs. Its concern for detail lends itself to planne d "decor" with buil t-in f urniture,
stairways, w indows, doorways, walls and floors all co nstruct ed in th e same carved and polished
wood. atural materials such as redwood, tile, and sto n e and earth colo rs acc en t the in te ri o rs.
Th e fireplace is co nstructed with rock indigeno us to Colo rad o and th e windows thro u gh o ut reflect
unusual markings indica ting a rare window-making tec hnique .
Additionally, o ne of the early owners of th e property, George I. Scheneman. was a popular
woo d wo rk e r in the Engl ewood area and utilized this prope rty as his office.
Staff re o mm en ds approval of this application based o n th e crit e ri a set fo rth in Histo ri c Pr eserva ti on
Ordinance (E.M .C. 99-75 ) and is suppo rt ed b documentation asserting th e structure is :
• at leas t 50 ) ea rs old ;
• a building, tru cture or group of structures wi th in a district which embodv dis t inguishi n g
c haracteristics of an archi tectural tvpe inh ere ntlv \'a luable fo r a study o i a p e riod. stvle .
m eth od of co nstru lion, o r of indigeno us materials o r craftsmanship ;
• a stru cture that e'<e mplifies th e broad cultural , p o litica l. econo mic o r so cial his tory o i th e
Citv of Englewood .
On August 21 , 2001 a Publi c H ea ring was held before the Englewoo d Plann ing and Z o nin g
Commission . Th e C o mmissi o n unanimous! recommended this pro pertv fo r Histori c Property
designation . Findings of Fa c t were appro\ed on September 5, 200 1 and supp o rt o f this
re co mmendat ion is being passed o n to Ci ty Council for final authorizati o n .
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FINANCIAL IMPACT:
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LIST OF ATTACHMENTS:
Resolution for Historic Property Designation
Historic Preserv ation Application
Public Notice -Englewood Herald August 10, 2001
Findings of Fact
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RESOLUTION NO. K
SERIES OF 2001
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A RESOLUTIO, FOR THE APPROPRIATION AND TRANSFER OF FUNDS TO THE
ENGLEWOOD ENVIRONMENTAL FOUNDATION (EEF) FOR THE DEMOLITION ,
ENVIRONMENTAL REMEDIATION AI'1D SITE PREPARATION OF THE FORMER CITY
HALL SITE.
WHEREAS, the City of Englewood moved into the new Civic Center in June 2000 ; and
WHEREAS , since the time of the move . the former City hall has been used for storage
and a variety of training exercises; and
WHEREAS, the City and EEF believe that the site could be redeveloped for a variety of
uses and the fastest and most economical way to perform this process is to have the EEF
demolish the building, remediate environmental hazards and coordinate the site
preparation; and
WHEREAS , it is believed that EEF can best identify risks and costs in the co mpl ete
redevelopment of this site in a manner which 1s advantageous to the City : and
WHEREAS, the Englewood City Co uncil transferred the former City Hall site to the
Englewood Environmental Foundation (EEF) with the passage of Ordinance No. 51 . 2001 ;
and
WHEREAS , the City Council has agreed to split the cost of site preparation with EEF:
NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT :
Sectjon ). The Englewood City Council hereby amends the 2001 Budget as follows :
GENERAL Ft:ND
Source of Funds :
Unreserved/Undesignated Fund Balance $200.000
Use of Funds ·
Transfer out to the Englewood Environmental Foundation $200 ,000
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COUNCIL COMMUNICATION
Date Agenda Item Subject
October 1, :?001 11 C ii i Proposed resoluti o n to tr ans i er and
app ropria te funds fo r the Ci ty's p o rt ion
o f the dem o li tion, envi ron m ental
remediation , and site preparatio n o t th e
former City Hall site .
Initiated By Staff Source
Department of Financial Services Frank Grygl ewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Co un c il transferred the former City Hall site to th e Englewood En vi ronm ental Founda ti o n (EEF ) by
appro ing Council Bill 55 o n seco nd rea ding o n September 4, ::!001 . The Ci t Council has agreed to split
th e co st of si te preparati o n wi th th e EEF .
RECOMMENDED ACTION
Staff re com mends Council approve the atta ched resolu ti on transfer ring S::W0.000 from th e Gene ral Fun d to
the Englew ood En v ironmental Foundation to prepare th e former Cit\ Hall 1t e for rede, elopm ent.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood moved into th e new Civic Cen ter in Jun e ::!000 . Sin ce that t ime th e fo rm er Citv Hall
has used fo r storage and a varie ty of training exercises . Cit sta ff and EEF boa rd members beli eve that th e
site co uld be redeveloped fo r a ari et o f use s, and the fas tes t and m o st eco no mi ca l wav to p erfo rm this
process is to ha ve the EEF coordinate th e si te preparati on. At th e Co un ci l meeting o n Au gus t ::!O , :?001 EEF
members address ed Council and indicated a sale of th e site could n et the City approximatel y S 1,000,000.
City staff and Council have disc uss ed this project at length and agree that expe ditin g this project is ital to
th e co ntinued rede ve lopment of o ne of th e City's core co mm ercia l areas .
Citv staff ha ve dis c uss ed allowi n g the priva te sect o r to co mplete thi s process bu t it was fe lt that EEF co uld
ident ify ris ks and cos ts in a manner m o re ad van t age o us to th e City of Englewood .
FINANCIAL IMPACT
The transier and appropriati o n of S::W0,000 will redu ce th e estimat ed endin g General Fund
unreserved/undesig nated fu nd balan ce to $4,848,0 12, w hi ch is 13.4 perce nt o i estimat ed to tal revenu es .
LIST OF ATTACHMENTS
Pr op o sed reso lutio n
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Sectjon 2. The City Manager and the Director of Financial and Administrauve
Services are hereby authorized to make the above changes to the 2001 Budget of the City of
Englewood.
ADOPTED AND APPROVED this 1st of October, 2001.
Thomas J. Burns , Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I. Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No .~ Series of 2001.
Loucrishia A. Ellis
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