HomeMy WebLinkAbout2001-10-15 (Regular) Meeting Agenda Packet•
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Regular City Council Meeting
October 15, 2001
Ord i nance 11 ¥. y. yY.~ 61, 62, 63, 64, 65, 66, 67, 68
Resolution II Y, )4, 7.,¥,/. 77, 78, 79, 80, 81, 82, 83, 84
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD. ARAPAHOE COUNTY, COLORADO
1. Call to Order
Regular Session
October 15, 2001
The regular meeting of the Englewood City Council was ca lled to order by Mayor Bums at 7.4 3 p.m
2 . Invocation
The invocation was given by Council Member Nabho lz.
3. Pledge of Allegiance
The Pledge of Allegiance was led by Mayor Bums.
4 . Roll Call
Present :
Absent :
A quorum was present .
Also present :
5. Minutes
Council Members abholz. Grazulis . Garrett , Bradshaw, Wolosyn.
Yurchick, Bums
None
City Manager Sears
Assistant City Manager Flaheny
City Attorney Brotzman
City Clerk Ellis
Deputy City Clerk Castle
Director Ross . Public Works
Director Gryglewicz. Finance and Admm1stra11ve ervices
Director Olson , Safety Services
(a) COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING o•· OCTOBER I,
2001.
Ayes :
Nays:
Abstain :
Mollon carried .
6. Scheduled Visiton
Council Members Garrett , Bradshaw, Wolosyn. Yurchick, Bums
None
Council Members Nabholz, Grazulis
{a) Mayor Bums advised that Golden Mayor and DR COG Chairman Jan Schenck was here
to present a Local Government Innovations Awards plaque to Englewood on behalf of the Denver Regional
Council of Governments . He noted that the City is receiving a second place award in the program 's Metro
Vision 2020 category for the Englewood Civic Center.
Mr. Schenck offc·rcd thanks for the pleasure of appearing before Council. With that, he said, he wanted to
tum and face the audience , as this is really presented to the community. He said he was here to offer
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Englewood City Council
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congratulations to the Ci ty of Eng lewood for winning a Local Government Inn ovations Award . The
Inn ova tion s Awards ho no r local governme nt s and th eir e mpl oyees for their creativi ty and produc1iv11 y 111
servi ng c it ize ns . The Denver Regional Coun ci l of Government s isjo111ed by a number of partners 111
presenting the awards a nd we are proud to recog111ze yo u. he said. Englewood took second place 111 the
awards program Metro Vism n 2020 catego ry. That cate go ry honors e ffo rt s 10 lead th e region 11110 th e
future . by implementing activities and stra te g ies from the Metro V isio n 2020 lo ng-ra nge gro\\1h plan . The
award recogni zes the c iti zen ·s efforts on the Englewood Civic Center, which is a true co mmunity ce nter for
culture , learning and local government. At th e Counci l ofGo,·crnments Awards dinner. Mayo r Burns and
Ro bert S impson were re cogni zed for their roles with the proj ect. I am now plea sed to present a pl aqu e to
you for thi s outstanding project, he said, and I also want to remind you that we will be see king nomination s
for 2002 and I look forward to seeing more from Englewood. Congratulauons. again. he said. on this
achievement.
Mr. Schenck presented the plaque 10 Mayor Burns .
Mayor Bums s tat ed it was hi s plea sure to accept th is award on behalf of the Ci ty of Eng lewood . He noted
thi s is for the C ivic Center, thi s building, and we wo uld . perhaps. hke 10 make an apphcauon for thi s
de velo pment one of these days. As you can te ll , he sa id . we are very proud of th is bu ilding a nd th e fact th at
you all access it and we get so much use out of 11 . It ha s been a tre me nd ous asset for us . He th a nk ed Mr.
Schenck for coming to the meet ing and he offered congratul ations to everyo ne .
(b) Molly Marken, from the Western Arapahoe County Ho mele ss Alliance, sa id that one of
the joys of the House of Hope, which is wh y we a re here tonight , is that we have drawn togethe r people
from all over Englewood and the metro area . to create a vision for hou si ng for peo ple who are in trans 1t10 11 .
because of homelessness. We are here to thank yo u, s he sa id , and Bill C la yton w1ll 1alk a hnle b11 about th e
House of Hope program and th en we want to ac kn owledge the enormity of th e co ntnbut1on 1ha1 ~our
support has made . I have had the opportunity 10 work with almost all the o ther cities 111 the metro area. she
said. and I can tell you sincerely, that working with Englewood has been an absolute JOY and yo u trul y are
extraordinary.
Bill C layto n sai d he would be very brief. I think yo u all know tha t Ho use of Ho pe is a she lt e r fo r fa nu hes .
We are pulling in a sprinkler sys tem, he said. that will be co mpleted any time now and. with that . "e will
be able to increase our capacity, up to about 49 people . At thi s time it is mo stl y women and childre n. It 1
our hope. with the increased capacity, to be able to accommodate intact families . So we are exc 11cd . w11h
winter approaching. to end our first year on such an optimistic note . I have a time lin e that desc ribe s where
we have come from and where we are heading, he said . Mr. C la yt o n provided Coun c il with copies of th e
program time line . He sai d if Co un ci l had any que sti o ns. he would be g lad to answer th em.
Ms . Marken stated that , on behalf of the whole House of Hope board. Family Tree, which 1s th e
organi za ti o n we ha ve contra cted wi th for management se rvice s, and. most importantl y. th e women and
children we have been able to se rve so far , we would like 10 present a plaquc to th e C 11y of Engle,vooJ 111
appreciation ofleadership, compa ssion and guidance in establishing the House of Hope, a family
re s idential resource center for Arapahoe Count y, fr o m the Western Arapahoe Count y Ho mele ss Alliance .
Ms . Marken stated the y reall y want to acknowledge the Ci ty and staff. You are just extraordinary, she
said , and we want to thank you on behalf of the families and children that ha ve stayed w11h us .
Ms . Marken presented Mayor Bums with the plaque.
Mayo r Bums thanked Ms . Markert and Mr. C layton for coming and he noted that tht s 1s a great proJec t and
we are very pleased with it. He stated we are very pleased with our staff. We get a lot of complime nt hk,·
th a t. on the staff wo rkin g for the C 11 y. he sa id . and I am very pro ud of that .
(c) Mayor Bums advised that Rosemary LaPona, Pres ident of th e Eng lewood H1 s1oncal
Society. was prese nt to address Counc il regardmg the Santa Fe Depot transfe r of own ership .
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Ms . La Pona stated that. last month, the Board of Directors voted 10 tran sfer ownership 10 th e C 11 y of
Englewood . which would get rid ofa great big debt that we owe the City . I don't know wheth er it i
$73.000.00 or $76.000.00, she sa id . but , we ha ve. as a board. been burdened with 1h1 s mdebtednes and 11
JUS! makes se nse for the City of Eng lewood to take 11 over. I think th e Ci ty will ha,·e a much better
o pponunity to work with th os e who can poss ibl y get 11 moved. 1f 11 can be mo,·ed. or 10 do so methm g tha t
is stgntfi ca nt w 11h th e depot , which we ha ve not been able 10 accomp li s h. M s . LaPona no ted that thi s " tll
afford us the oppon unit y to work o n projects and conc entrat e more th oroug hl y on o ur members hip and
doing thmgs for them. rather than worrying abo ut trying to pay off th is debt. winch 1s 100 enormous fo 1 u
One ques uon we do ha ve, she said, is, if thi s is accepted by the Ci ty Co un ci l. how long wou ld 11 be before
the tran sfer takes place·> She said she didn 't kn ow whether Co un ci l co uld an s \\er that n ght 110 \\.
Ci ty Anomey Brotzman noted that even thou gh the H1 ston ca l Soc iet y is non-profit he \\anted 10 mak e s ure .
ifwe do take this back. that we minimize any tax ram1fi ca 11 o ns. 1f1here are an y. So. he sai d. I do \\31\1 IO
look at that. If it is Council's co nsens us . he sa id . we will probably brmg thi s bac k 10 Council 111111 ,d-
Nove mber .
Mayor Bums a nd Counc il Member Bradshaw thank ed Ms . LaPona.
(d) Sa ndra Bl )1 he Perry. Execu ti ve Director of ln1 er-Fa 11h Task Force, said she wanted 10
introduce Directors Phil Cortt'se and Vmce Atencio \\ho \\ere \\llh her tonight. I am s impl y here tonight.
she sa id. to say thank yo u so mu ch for yo ur contnbu11 on of $17,500.00 to Inter-Faith Co mmumt y Ser\'1tes
last year. Most of yo u are familiar with what ln1 er-Fa 11h does , but I would hke to re11era1e what we do. \\'e
have been in this area for 34 ye ars and we prov ide as s istance 10 low-mcome families m weste rn Arapahoe
Count y, those that are struggling to try to make ends meet . Because of yo ur generosity a nd assistance . she
said, we can help those folks . For ins tance , she said, we spent a little over $50,000.00 la st year o n just
Englewood residents alone . We gave 1.900 resident s finan c ial assistance, which includes medi ca l. rent .
utilities. food and clothing. So we are working 10 keep families together m thi s co mmunit y. I would J ust
like to stress that with th e events of Sept ember 11 •h , coupled wi th the downturn of the econo my, th at we
ha ve rea ll y see n a decrease in o ur funding in Se pt ember, so we appre c ia te yo ur co ntn bu 11 011 and we would
like to see yo u continue that s uppon . Ms . Bl yt he Perry sai d she \\Oul d hke for o un c 1l 10 wa tc h a s hort
vid eo and then Phil Conese will approach Co un cil. She agam offe red her thank s 10 Coun ci l.
The vi deotape was shown to Council which addressed the mission and wo rk of lnter-Fa 11h .
Mr . Conese s tated that Doug Reed, of the Ci ty of Littleton's Channel 8 video depanment , p ut that
vi de otape together.
Mr. Con ese advi se d th at he is c urre ntl y a member of the lnter-Fa11 h C'ommumt y Ser\'1ce s Board of
Directors and also Deput y C it y Manager o f Linleton . Again . he said . he wanted 10 re it era te 1h e1r thank s for
th e C11 y of Eng lewood's ge nerosll y toward ln1er -Fa11h . Somethin g 1ha 1 M s . Bl ythe Perry dot's 11 ·1 talk about
a 101. he said. is the case management that th e co un se lors go throu gh and how the y work w11h c lt cn ts . ll 1s
1101 JUSI come m. get a hando ut and lea ve , he sa id . They help th e m to get o n the ir feet and these are
dedicated people . I know yo u are all familiar with th e progra m, he sa id . but I think it 1s mce . every o nce m
a whil e , 10 come and sho \\ o ur fate and say thank yo u. We ha ve new members on th e board and the re 1s a
ne " e ne rgy a nd that e nergy is to e nsure that communit y services will rnamtain their leve l of se rvice .
Mr. Conese said he wanted 10 switch hi s hat 10 Deputy C ity Manager and thank the C 11 y of Eng lew ood .
T he s pirit of cooperation between the City of Englewood and the Ci ty of Linlcton is wo nd erful. I dou ·1
think ti 1s said enough. There arc a lot of areas that we work together on. he said . and I really want to say
how muc h we appreciate that . The way the Englewood C it y Council and C tt y Manager interact the
L1ttleton·s o un c1l and Manager has been reall y helpful. lbe Tn -C ttie s meetmgs ha ve been ve ry
s uccessful as well . I kno w there are a few things lurking that we wo uld ltke 10 ge t re solved , he said . such
as work mg together o n the Humane Society projec t and getting that stane d .
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Mr. Cort ese noted that he ha s Sl"Cn thi s ce nter 111 the daytime . and it is beautiful. but . at night . 11 rea ll y look;
great. When you drive down th e stre et with thl" fou ntain at th e end and the li ght s. 11 , JUSI rcall ) bcJut11u l
You guy s hav e done a grea t JOb. he sa id .
Mr . Cort ese said he" anted to agarn thank Co un c il for their coopera tio n and Cit ) Mana ge , Sears tor 111 s
as sistan ce .
Ma yo r Bums thank ed Mr Cortese .
7. Unscheduled Visitors
Ma yo r Bums noted that th e pet ordinances are on the Agenda toni ght and we hav e ten pe opl e " ho ha,·e
signed as unscheduled vis itors and the y all want to speak about dogs . We had a publi c hearing on thi s
matter a few weeks ago. he sai d. and even though ti was not a legal requirement. we had a pubh hearing o
people would have an opportunity to speak on the se issues . We had testimony for about tw o hour s in thi s
Chamber. I know we have heard from some of yo u before. that have signed up and we \\Ou ld like to hear
from yo u. The agenda says your remark s should be co nfined to fi ve minut es . but if yo u co uld linlll 1110
two or three minute s we would appreciate ti . If everybod y on thi s li st spoke fo r ft ve minut e 11 \\Ould tak,·
us about an hour to get through thi s li st. We have had heard a 101 from yo u ind iv iduall y. he said. We ha,·c
had letters and we appreciate yo ur int eres t. I think we had a ve ry co nstru ctiv e publi c he aring . he aid . and
we had a lot of respon sibl e dog owners who came to see us and we have addressed a lot of iss ue . So. we
would appreciate it if yo u would make yo ur remark s fairl y short so that we can get on with our age nd a. he
sa id . and get to the ordinances on thi s issue .
(a) Loui s Ri vas said he was with the Lehigh pos tal servi ce and he "ould make 111 s co mm ent
quick, as a lot of hi s fellow workers were pre se nt and the y wanted to voice th eir op1111on s as \\ell. Mr
Ri vas stated he had some pic tures of hi s atta cks. as he ha s suffered fo ur dog attack s in th e pa st tw o ye ar s 111
thi s area . He submitted th e pi ctures to Coun c il.
Ma yo r Bums th ank ed Mr. Ri vas .
(b) Charl es Trujillo advised that he also work s fo r the Englewood Pos t Offtce at the Lehi gh
stati on and he ha s been a carrier tl1 ere for almost 20 ye ars. Durm g that lime . he said . I hav e see n an
in crease tn dog bite s and I, personally . wanted to say that I think the Cit y need s to go ahead and enact a
stri cter law or ordinance to inc rea se our safe ty to help us deliver th e mail. When I heard about what wa s
go in g on, I had alread y n11 ssed the first meeting. but I felt I needed to ge t over here, voice my opinion and
let peo pl e kn ow how I feel. I am per onall y tired of talking to peo ple and tellin g people that th ey need to
re strain th eir dog , that th ey need to ke ep th ei r dog inside the house or tied up . Man y ca rriers thr ough out
Englewood have had clo se ca ll s that are not on rec ord . I just want ed to shed so me lt ght on that. I
understand that , right now, there is no lea sh law on th e book s for dogs and I think that an ythin g th at ca n
he lp us to in crease the safet y. o f not only the mat! carriers. but th e citizens of Engle "ood and th e kids , 1s a
po s iti ve. If yo u ca n do so methmg about pa ssi ng a leash law and makm g sure dog s are res trained , he said. 11
will be a big plu s. Al so, when I heard about thi s. I talk ed to carriers m our offtce to see how th ey fe lt ab out
thi s and then went ahead and pa ss ed a petition around . because not everyo ne co uld be here tomght. I go t
pretty cl ose to 50 signatures on the pe11t1on . The petition state s, ··we the undersigned are letter ca mers for
the Ci ty of Engl ewood . Lehigh stat io n. We would like to see the Cit y tak e a tougher stan ce on pet
ownership (pa ni cularl y dogs) so that we may do our JOb of delivering the mat!. We have seen an mcrease
in the number of do g bite in recent yea rs and would lik e to see th at number re du ced . Thank yo u for yo ur
time ."" Mr. T ruJ1ll o atd he had the petition and Co un cil co uld look at all the signatu re s. Ma yo r Bum s sa id
he could prese nt th e peuuon to Co un 11 and th ey wo uld mak e It part of th e re co rd . Mr. TruJ 11l o said th ere
wa s mu ch more he co uld say, but he wo uld give so meone else the opportunn y to ,·01ce their op 1111 on . I le
th en pre se nt ed the petition to oun c ,1.
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Mayor Bums and Co un c il Member Bradshaw !hanked Mr . Tnij,llo.
(c) Paul Sager. 4 750 Soul h Mariposa Dnve. slated 1hat he has been an Englewood citiz en
since 19 75. In fact, he said, hi s fir st job was dehvenng lhe Englewood Herald. Back then. he said. I didn 't
have any problems going out colle ctin g at any 11me of mgh1 . Joggmg anywhere in the City . Bui things haw
changed since then . I have been with the postal sen 1cc for five years and the la st three years and three
months I have been a carrier in Englewood at the Lehigh s tati on. Jus l m that time. he sai d. I have seen a
dog break through a plale glass window. I ha ve seen dogs attack c arriers. I ha ve see n dogs that we have
called Code Enforcement on 1hree or fo ur tame . come out aga111 .. repeal attacks and noth111g is done . I am
holding mail , righl now. for two houses on my route . In one case. we are about ready to hold lhe mail for
the entire block . If I can ·1 walk. he sa id . I can ·1 do my JOb . II ,s not a whole lot of fun. when you are
walking down the street and yo u hear a growl behmd yo u. The people wh o arc going to take advan1age of
increasing 1he number of dogs allowed to three. arc not the se111or c n,zens with a 1oy poodle. it "all be
people who are irresponsible now. the ones "ho can 't co n1rol one dog. the y arc th e ones who arc gomg 10
go out and get another 1wo shepherds or Ronwealers rm "alkmg. carryi ng the mail m both ha nds and
have a bag over my shoulder We don·1 ge l to arry the neat hnle 1hmgs tha1 Code Enforcement carries .'"'
are only allowed to carry 30°0 pepper pra ). he sa,d. and I ha,e to e11 her drop 1he mail . o r so mch o " shaft 1t
into one hand and reach mto the sat hel and grab II By then I have probably alread~ bee n b11 . One of
Louis R,vas ·s bate s oc urred "here there" a a child a1 home "ho o pened 1he door and 1he dog ame ngh1
out. In that c ase . yo u ha,e no cha n e . "ha1 oe,cr.10 rea t I am ure . he a,d . yo u ha,e all cen the sign
that have a sil houette of Doberrnan. tha1 SJ ) ··1 can make It to 1hc fen e m three seconds :· \Ve ha, c le ss
defense agamst a dog b11 e "hen a dog ge 1s out. than the Bronco had a gain st cattle tlu s "eekend. If a
person has three dogs that get out . I can ge1 the firs! one. he said . but what about the other two' In fact. a
year and a half ago. we had a bite . "here the carrier went 11110 the yard where there were no dogs and then
two of them came around from the other s ide and one go11he c arrier. I thmk that "e need to do more 10
control dog s m Englewood. I am a product of Engle"ood sc hool s. C herrel yn. Smclair and Englewood
High, and rrght now I ha ve two luds at C la )10n . I don 't want them gellm g b11 on the way to and from
school. Mr. Sager noted that o ne of the worst dog problems ngh1 now ,s J U I nonh of Bi s hop Eleme111ar y.
You may not thmk muc h about the letter carrier. he said. because that ,s a hazard of our JOb. but what
happens when a dog is out. ninning down the s1reet and you have a grade schooler walkmg by and then ge1 s
bn. He thanked Coun 11 for their time .
Mayor Bums and Co uncil Member Bradsha" thanked Mr. ager.
(d) Mark Van C leef advised 1hat he ,s 1he Safely Officer at th e Lehigh Sta lion. wnh the
United States Postal Sen·,ce. I v1s11ed Lou, RI\ a m 1he hos p11al th e la st 1wo 11me he wa s bat. he said .
felt it was pan of my du1y 10 go down and talk to him and ge 1 a good first hand obsen·at,on. so I saw the
wounds righ1 after they were inflicted . I can 1ell you that . as the Safe ly Officer, I gave a talk on 1he avera ge
of lhree times a month and at least once a month tha1 topic 1s on the s ub1 ect of dogs. I am also a
re sponstble dog owner, he said. I hav e 0\\11ed dogs for probabl y almost my entire adult hfe. excep1 "hen I
attended college . I do 1101 walk my dogs "llhout a lea sh and I o nl y own two dogs . M y belief ,s . and I liunk
the sta1is1ics back it. that if yo u have more than 1wo dogs it 1s very hard 10 re s1ra111 1hem and once 1he ) are
o ul 1here 1s nothing yo u can do. He noted , 11 ,s lake Paul Sager said. 11 is very quack . There are .
approximately. between four and five mil hon dog bites a year. C hildren account for two nulh n of 1hosc
JUSI believe that anything you can do 1hat reduce s 1hat number would be s ignifi ca nt . I can tell you tha1 I
ha ve delivered. at limes, to Flood Middle School and when I see a dog out, I do call Code Enforcement.
probably more for 1he safety of 1he children mvolved. than for me . I know the y are out 1here. th ose kid s
don't. I think Englewood ha s a great response , as far as Code Enforcement. They always come o ut and
they get the dogs . Now those are loose dogs . The problem is when you have more than '" o dogs . If you
have three or four dogs , and one of them gels out then you have more than one loose . Smee I have become
a carrier I have never said to a person that my dog doesn 't bite . He doesn 't bile me, but I don ·t kno" what
he would do with you . I can't say that with I 00% surely, he said, and yet I hear that once a week . The k s
I hear that the better . I don 't mind hearing that, when they have the dog on a leash. When 1he dog 1s not on
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a leash, I freeze . Thal is my posi1ion as 1he Safely Officer and l 1ell carriers. ifa dog is loose. don ·1 dell\er
1he mail. period . Because youjusl don·1 know. whe1her 111s a Pekmese or a chow. He thanked Counc il
Mayor Burns !hanked Mr. Van Cleef.
(e) Tom Norris. 3894 Soulh Lincoln Street, noted 1ha1 he is \1a)or Burns· lener ca rrier .
was anacked a few weeks ago, he said. I realize tha1 there are a lot of res ponsible dog owner out there and
!his is not about the responsible dog owner. This is about the dog O\\ller that 1511 ·1 respons ible enough 10
keep their dog con1ained 1111he1r yard. In my case. he said . as 1 wa s deh\'enng mail . I "as 0 111he fr o nt
porch and the dog jumped up on some trash cans nexl to the fence and he came ngh1 for me . He d1d11 '1
sniff around. He was rippmg ac ross the yard for the sole purpose ofgetung a piece ofme. I d o 11·1
appreciale thal. Now that person has a posl office box. he said. and 1here are several people on my ro u1e
tha1 have posl office boxes, because of dog problems 1ha1 occurred before l mherited tlus rou1e . 1 \\OulJ
just like 10 say that something does need 10 be done . 1 am not as concerned for myself. he said. because I
am pretty sure 1 can handle myself under \'arious situations. But 1 am concerned about the people wh o
aren't expecting that son of thing. We as letter carriers do expect 1hat. we ha\'e to look for 1ha1. The kid
riding the bicycle down the street doesn 't notice the dog chasing after him or pulling him dO\\ll . ome1h1n g
needs to be done for the people who don ·t look for thal son of thing on a daily basis.
Mayor Bums thanked Mr. Norris.
(f) Ray Davis advised that he ,s Englewood's Posl Ma ster and 1hese are 1115 kner earners
The reason 1 am here, he said, is to speak oul for and agams t 1he proposals 1ha1 are 111 fr o nt of th e Co un cil 111
regard 10 dogs. He stated that letter carriers and dogs are hke oil and water. They do not mix . But th e)
also don't mix with your trash collector. your PS man or your meter reader. Dogs are lerritonal and the )
are going to protect their propeny. In Englewood last year, he noted , we had a total of eight dog b11e s and
six of those occurred in the 80110 zip code here ,n the confines of Englewood. Would a leash la" ha,·e
preven1ed any or all of those? Maybe not. But as stated b y one of the letter carriers. that loose dog.
whether it is in your yard or whether it 1s m your neighbor 's yard. onst1tu1es a 1hrea110 them. even th o ug h
they may not have been bitten. By our definition. a an orga111 za11on. an unrestramed dog ,s a ha,ard I o
be restrained 11 either needs to be behmd a fen ce . 1111he hous e or o n a lea sh. Leiter amcrs ha, c the
au1hority to cunail deli\'ery. to 1he 111dl\·1dual ho use. to 1he s ide of1he street. o r. ,fnced be . th e en11r,· bl o,·~.
1fthere 1s an unrestramed dog. Even 1f111 s your . 111 your yard and 111 unreslramed As the ir emplo)e1 .
my first obhga11on ,s to make sure that the ) ha,e a afe and healthy \\Ork environment . And ha, mg dogs
runnmg loose, whether they belong to you m your yard or they are runnmg down the street unrestramed . 1s
a hazard that we are just not gomg to put up w11h . I ha"e two dogs myself. albeit not in Engle\\ood. and
two are tough enough to control. let alone three or four . He advised 1ha1 a lener earner. who 1s not here
tonight . was bit by two dogs about a month ago . He delivered mail. he turned around and two dog came
through the screen door and both of them b11 him. lf1here had been three or four dogs . he mi ght have had
three or four dogs bite him, instead of two. So when you consider the ordinance on dog control. we a k
that you make a decision for the lener carriers, for the children and for the other delivery people who arc
oul in your neighborhoods every day. He thanked Council.
Mayor Bums thanked Mr. Davis.
(g) Juanila Rogers advised that she is also a mail carrier in Englewood and ha s been
dehvenng ma,! m Englewood for almost 17 years . 1 also own propenies in Englewood. she said, and I I" c
and shop in Englewood. 1 have personally been in the hospital several limes with dog biles . I weigh 12 0
pounds and 1 have had attack German shepherds and Dobermans get me . She no1ed 11 ,snot the re s pon s ibl e
ones, it's the ones 1hat think it would be so cute 10 have three or four or five dog . Ms. Rogers staled 11 1s
the irresponsible ones that get them and it is the irresponsible ones who won 't get shots for them and won ·,
contam thc,r dogs. They are the same people who probabl y shouldn 't ha,·e children . They don ·, know
how lo train an ammal and there is no responsibility. Since I ha1-e moved IO C olorado. she said . I
personally know of eight children who have been killed by dogs . Eight children . Ma ybe !he y arc no t
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yours, she said. but they are somebody's kid who is dead because of an unrestrained animal that was not
trained or taken care of. I deliver mail in a beautiful neighborhood and people like to walk. they like to get
out . They walk in the park and there are dog feces everywhere and dogs anack each ocher. as the y are not
on leashes. Sure. she said, they are great dogs, and I personally like the dogs. but when two dogs get
together they do that. It is territorial, it is their habit. Ms. Rogers opined that we need a lea sh law that 1s
enforced. We need laws with backbone. I am sure that the Code Enforcement people are s ick of
babysining these people who can't take care of their own animals. It is ridiculous . Everyone thinks their
dog is great. that their dog won't bite. lfit has teeth it will bite . When I was married, she aid. my dog.
actually it was my husband's dog, was a linle tiny sheltie . It anacked a full -grown German shepherd guu.k
dog, because the dog got between the master and him. That linle eleven-pound dog attacked that German
shepherd. That is what happens. They are territorial, they are protective. I never wo uld have s uspected
that. The thing is that if had been on a leash. if the gate had been closed ... if. if, if. But tt happened and a
said there are a lot of people who are responsible. but the idea of even thinking of allo" ing more animals
without a leash law, and without some laws with some kind of enforcement behind them. 1s nd1cul o us . It 1
the bad neighborhoods where people won't take care of their animals and the ones that won 't get them
shots. They are the ones we have the trouble with. I'm sure you all hve 111 nice nei g hb orhoods, s he said .
but you should go to some of the other neighborhoods, some of the worst neighbo rh oods, and yo u can 't
walk up and down the street without growling dogs coming right up against the fen ce and stuff. We go
through that every day. because that is pan of our job. But it is also pan of yo ur JOb 10 help us 10 fee l
comfonable m this town. she said. and I love this town .
Ma yor Bums thanked Ms. Rogers.
(h) Ruth Steel thanked Council for the opponunity to speak 10 Coun cil o nc e agam. Ahho ug h
tethering 1s outside of this evening 's considerations. she said. it is my understanding that tethering and
hcens mg of ammals wtth progressive fees . based on the altering and neutering of pet . will be among the
issues next up for discussion. It ts my belief, she said. that these too must be addressed o r \\e will have
failed in an imponant responsibility as a compassionate, caring community. That havmg been sa id . I want
to take this opportunity to urge your suppon of the common sense preventive measures be fo re yo u tin s
evening. Measures which have been studied and recommended for adoption by the En g lewood Code
Enforcement Advisory Comminee. For the health and safety ofthts community. she said. logi c argues that
Englewood needs a leash law, required rabies vaccinattons. humane care, sheltering, hous ing and
maintenance of animals. as well as a limit to the number of pets per household. now. It is time to tune out
the dissident chotr of naysayer.; who take pleasure and refuge in blanung government for their self-
centered, self-serving behavior. Either these individuals do not understand . or the y choose to ignore . the
irrefutable connection, between animal neglect and c ruelty, to the public interest and the public safety. he
pointed out that the caretakers are derelict, but the animals get blamed. The is sue is no t how mu ch a g1w11
animal can endure, but how much this community 1s willing 10 tolerate . I want to thank yo u. s he sa id . for
your anention, your concern, your interest and yo ur action .
Mayor Bums thanked Ms. Steel.
8. Communications, Prodamations and Appointments
(a) A proclamation declaring November as Na1ional Ho s pice Month "as cons ide red .
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED. l'O APPROVE A
PROCLAMAl'ION DECLARING NOVEMBER AS NATIONAL HOSPICE MONTH .
Ayes :
Nays :
Motion carried .
Council Members Nabholz, Garrett, Bradshaw. Wolosyn ,
Yurc hi c k, Grazulis, Bums
None
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Mayor Burns advised that we have an item that is not on the agenda, but the C ouncil member are aware o f
it. He said he would like 10 go to the podium at this time .
Mayor Burns asked City Manager Sears to come do,m to the podium.
Mayor Burns said he did not think Mr. Sears was aware that the y were going to do thi s . He no ted II wa s lu s
privilege tonight to surprise him.
Mayor Bums stated that Gary Sears began hi s career 111 c ll y go vernment 111 19 2 . "here he sen ed as
Assistant City Manager for the City of Loveland. In 19 h1 career took him I the C 11 y o f G re e le ) "here
he was Personnel Director until 1980 . Gary then made a move to the mountams and served as T o wn
Manager m Silvenhorne through 1986 . That 1s when he mowd ba ck 10 th e metro area and be came the C u v
Manager of Glendale, where he sta yed for ele,en }Car . On :--overnber 3. 199 . Gary staned a ne" care er
path. when he came to the City of Eng lewood as our new 1t y Manager. In addition to his leadership role s
m these various Colorado municipalities. Gary erved a President of the Colorado Municipal League 111
1993 and 1994 . He served on the CML Executive Board and on several C ML committees. He wa s
President of the Colorado City and County Management Association for a year. Since coming 10
Englewood. Gary has guided the City through some very imponant and challenging projects . The
redevelopment of CityCenter Eng lewood. which mcludes our move to the Englewood C l\·ic Center. th e
improvements along South Broadway, the renovation of the Allen Water Treatment Plant and the o n -go 111 g
plans to redevelop t.he General Iron Works site. Just to name a few . He also has been a fair. acc essible .
compassionate and very visible City Manager on our staff. We can·t forget the most impo rtant pan of lu
life. his love and devotion to hi s wonderful famil y. his wife Dianne and hi s children. Ben and Adnan.
Mayor Bums advised that , a couple of weeks ago Gary Sears attended the lntema11onal C it y Manager s
Association National Convention m Salt Lake City where he told me he was gomg to receive an a\\ard.
from that organization, for thirty years of service as a City Manager. As I understand. they told him at the
time that the awards weren't available. but they would be mailed. They did mail the a\\ard and our taff
has hidden this award from him.
Mayor Burns stated that-for all the previousl y stated reasons and man y more . "e are proud 10 present thi s
special honor tonight. This plaque 1s from the lntcmauonal C11 y and Count y :-.lana gement Asso,1a11 o n fo r
th1ny years of service to Englewood Ci ty 1anager Gary Sears . He said II reads as fo li o " ··111 ho no r o f
thirt y years of service to local government Gary L. Sears 1s recogmzed for 1gmfi ant contnbuuo ns and
achievements m the advancement of local go,·emment administration . Presented at IC MA ·s 7'h Annual
Conference . Salt Lake C11 y. Utah. September 26. 2001.'' He noted 111 s igned b y the Pres ident and
Exec utive Director. Mayor Bums stated II wa s hi s ho nor . o n behal f o f the 11 y Counc il. 10 pre se nt thi s
plaque to Gary this evening. He offered hi s congratulations
City Manager Sears noted that it seems like he just got into this bu s iness yesterday. This mean a lot . he
said. Mr. Sears thanked Mayor Bums and Council for the outstanding job they have done . And. he said.
obviously. I have an outstanding staff and It is definitely a team effort . Mr. Sears stated that he appreciates
the support of his wife and kids . I really appreciate the recognition, he said.
Mayor Burns advised that there "ould be a little reception in the Commumt y Room for Gary. Ile invited
everyone to jom in .
The meet mg recessed at 8:33 p .m. for a brief reception .
The meeting reconvened at 9 :06 p .m . with all members present . Mayor Bum thanked everyone for
attending the reception. He again offered his congratulations to Gary Sears.
9 . Publlt Hraring
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No public hearing was scheduled before Council.
10 . Consent Agenda
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COUNCIL MEMBER GARRETT MOVED. AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (a) (i), (ii). (iii). (iv) and (v), 10 (b) (i), (ii), (iii) and (h·), AND 10 (c)
(I). (ii) and (iii).
(a) Approval of Ordinances on First Reading
(i) COUNCIL BILL NO . 62 , I 'TRODUCED BY COUNCIL MEMBER
GARRETI
A BILL FOR AN ORDI. 'A 'CE APPROVI GANE 'CROACHMENT PERMIT AND INDEM N ITY
AGREEMENT PERT Al ING TO A RETAl:-,/1:-,/G WALL IN THE PUBLIC RIGHT-OF-WAY .
(it) COUNC IL BILL NO . 6 . INTROD CED BY COUNCIL MEMBER
GARRETf
A BILL FOR A . ORDINA:-ICE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF Tiff
ASSESSED V ALVA TION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD .
COLORADO .
(iii) COUNCIL BILL 1\0. 68 . INTRODUCED BY COUNCIL ME:'v!BER
GARRETI
A BILL FOR AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD.
COLORADO. FOR THE FISCAL YEAR 2002 .
(iv) CO 'CIL BILL NO . 69 , INTRODUCED BY COUNCIL MEMBER
GARRETI
A BILL FOR AN ORDINANCE APPROPRIAT! GMO IES FOR ALL MUNICIPAL PURP OSE I:'\
THE CITY OF ENGLEWOOD. COLORADO , IN THE FISCAL YEAR BEGIN 'ING JAN ARY l.
2002 , AND ENDING DECEMBER 31 , 2002 , CONSTITUTING WHAT IS TERMED THE ANNUAL
APPROPRIATION BILL FOR THE FISCAL YEAR 2002 .
(v) COUNCIL BILL NO . 70, INTROD UC ED BY COUNCIL MEMBER
GARRETf
A BILL FOR AN ORDINANCE AMENDING TITLE 2, OF THE ENGLEWOOD MU ICIPAL CO DE
2000 BY THE ADDITION OF A NEW CHAPTER 12 , ESTABLISHING A TRANSPORTATION
ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD , COLORADO .
(b) Approval of Ordinances on Second Reading
(i) ORDINANCE NO . 57 , SERIES OF 2001 (COUNCIL BILL NO . 61 ,
INTROD UCED BY COUNCIL MEMBER GARRETf)
AN ORDINANCE AME DING TITLE I, CHAPTER 7, SECTION 2; TITLE I, CHAPTER 7A,
SECTIONS 14 AND 15 . OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO
JURISDICTION , POWER .
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Oc:tober 15. 2001
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(i1) ORDINANCE NO. 58, SERJES OF 2001 (COCNC IL BILL 1':0. 63 .
I TRODU ED BY CO 'C IL MEMBER GARRETT)
AN ORDINANCE APPROVING AN ENCROACHMENT PERMIT AND INDEM1'1TY AGREEMENT
PERTAIN! G TO A RETAIN! G WALL AND FENCE IN THE P 'BLIC RI G HT -OF -WAY .
(iii) ORDINANCE NO. 59. SERIES OF 2001 (CO C IL BILL l'l:0 . 64.
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT "TRAl'sSFERS OF
WATER SERVICE" FOR TRANSFERS OF WATER SERVICE BETW EEN THE DEN \'ER BOARD OF
WATER COMMISSIONERS AND THE CITY OF ENGLEWOOD. COLORADO
(iv) ORDINANCE 1'0. 60. SERJES OF 2001 (COUNC IL BILL NO . 66 ,
INTRODUCE D BY COUNCIL MEMBER BRADSHAW )
AN ORDINANCE AUTHORIZING THE TERMI NA TIO, OF A LEASE AGREEMENT BETWE EN
RADIO VENTURES (KQXI) AND THE CITY OF ENGLEWOOD AND THE C ITY OF LITTLETON .
( c) Resolutions and Motions
(i) RESOLUTION NO. 73. SERIES OF 2001
A RESOLUTION FOR A SUPPLEMENTAL APPROPRIATION FOR THE 2001 BUDGET OF THE
CITY OF ENGLEWOOD, COLORADO.
(ii) CONTRACT WITH KNIGHT EQUIPMENT SALES IN THE AMO 1T OF
$22,714.00, FOR THE PURCHASE OF ONE MANURE SPREADER .
(iii) CONTRACT WITH POWER EQUIPME 'T COMPANY 11 THE AMO Nl
OF S72.444 .00, FOR PURCHASE OF A FRONT END LOADER .
Vote results:
Ayes : Council Members Nabholz. Garrett . Bradshaw, Wolos>11 .
Yurchick, Grazulis , Bums
Nays : None
Motion camed.
11. Regular Acenda
(a) Approval of Ordinances o n First Readmg
There were no additional items submitted for approval on fir st reading. (See Agenda Item IO -Conse nt
Agenda .)
(b) Approval of Ordinances on Second Reading
Mayor Bums advised that Council would be considering Council Bill No. 36 and Council Bill No . 37 o n
second reading . He noted that Council had two versions of each council bill in their packets.
City Attorney Brotzman explained that the version that is not in bold type is the one Council passed on fir st
reading .
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(i) Council Bill No . 36. amending Tnle 7. Chapter IA of th e Eng lewood Municipal
Code penammg to dogs and cats was considered.
COUNCIL MEMBER GARRETT MOVED. AND IT \VAS SECONDED. TO APPRO\'E AGE:'liDA
ITEM 11 (b) (i) -COUNCIL BILL NO. 36.
COUNC IL BILL NO . 36. INTROD UCED BY CO UNC IL MEMBERS Y RCHI CKiGA RRETf
AN ORDINANCE AMENDING TITLE 7, CHAPTER IA , OF THE ENG LEWOOD Ml'~ICIPAL CO DE
2000, PERTAINING TO DOGS AND CA TS.
Council Member Bradshaw said she had a question . Maybe it is just me , she said . but on page five . § •
lA-7 (~, it says "It shall be unlawful to kill , main .'" She asked 1fthat shouldn 't be maim in tead o fma111 .
City Attorney Brotzman agreed that that should be maim.
Council Member Yurchick asked which version the ) are ,o tm g on no ". Cny Attorney B ro tz man a,h I ed
that Council Member Garrett JUSI mo\'ed the version that went on fir t read mg. "h1c h 1s th e one wnh out
bold type . He stated that Council will need to make a motion at th1 ume to amend 11
Mayor Bums explained. to clarify further , that the bold type items are th e sugges ti on fr o m Co un c il "s
previous discussions. at Counc1l"s previous meeting and Study Se ss ion .
In response to Council Member Grazuhs. Coun c il Member Bradshaw explamed that Coun c il had to put
Council Bill No . 36 on the table and now we can amend 11. We will vote on the amendments fir t and then
pass it with the amendments .
Council Member Yurch1 c k asked 1f1he y \\allled 10 change the 24 hour s o n th e c lean -up . bdo re th ey do th e
amendment . Ma yo r Rum s said yes .
Council Member Bradshaw ask~d 1fhe was talkmg about an amendment to page seven (of the bold typ e
version)§ 7-1 A--1 (B) -·· .-tlun 1-.eruy ;fi!11L{2;l} orn_;ifte bdn, de~··. to c hange that to 4 hours.
Council Member Grazuhs stated she thought that sounded more reasonable . Council agreed.
Council Member Bradshaw asked if they needed to move that amendment .
Council Member Garrett said no , because Council ha s n ·1 appro\'Cd the amendments.
Council Member Bradshaw said okay. then we will JU St change that. She noted thi s is about remov111 g
excrement wnhin 48 hours, on your own propeny .
COUNCIL MEMBER GARRETT MOVED, AND 11' \VAS SECONDED. TO AMEND COl'NCIL
BILL NO. 36 AS REFLECTED IN THE BOLD TYPE. VERSIO-. NUMBER TWO AND TO
REFLECT A CHANGE FROM 24 HOURS TO 48 HOURS IN SECTION 7-IA-8-IB AND ALSO
TO REFLECT IN 7-IA-7, THAT IT SHALL BE UNLAWFUL TO KILL OR MAIM (NOT MAIN).
Ayes : Council Members Na bholz . Garren , Bradshaw. Wolosyn.
Yurchick , Grazuhs. Bums
Nays : None
Motion camed .
Ma yo r Bums stated that the amendments are adopted . He asked 1ftherc were an y funher amendments .
There were none . Mayor Bums called for the vote on Council Bill o . 36 as amended.
Mayor Bums advised that if there was any funher discussion , that would be fine .
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Council Member Yurchick asked what the y were votmg on now.
Counci l Member Grazulis said she just wanted to be sure about what the y were voti ng on .
Council Member Garren explained that the y were vo tin g on Co uncil Bill No . 36. as amended tomght.
So. Council Member Yurchick said. we are voting on the amendments . City Attorney Brotz man sa id no.
they are voting on the whole thing now.
Mayor Bums noted Council has approved the amendments , but we ha ve n 't voted o n the enurc ord 111ance as
amended .
In response to Council Member Yurchick. Ma yo r Bums co nfirmed that the y were ,otmg on Co un n l Bill
No. 36.
Mayor Bums asked if there were any questions or 1f thae was an y o nfus,on about the 111011011
He asked if Council was ready to vote on Co un c il 8111 :S:o . 36 as ame nd ed.
:'vla yor Bums asked that Coun ci l vote on Council Bill ~o. 36 a amended .
Vole results:
Ayes :
Nays :
Mouon carried.
Council Members Nab hol z. Garren. Bradsha". \\' o los}~•.
Yurchick, Bums
Council Member Grazuhs
Counc il Member Grazuhs said she would hke to explain why she voted agamst tin A "e had a lot of
discussion with the City. with ci ti ze ns showing up on three different occa ,ons . and I received numerou s
phone calls and leners al my home , she said , I have come to the conclu s,on, that there are JUSt a man y th at
are re sponsible and I thmk I have to speak up for those people "ho are responsible pet O\\ ners . I am gomg
to pursue some type of a dog park. for those people who are responsible. and al o so me of th e other iss ue s
that will be considered next . But I just feel. she aid . that we are not se , en and z ero . becau se of the mput
from the c1t12ens . There were a number of people aga111 st this. especiall y 111 m y D1 smct. and I will JU St b,·
the one that votes against it . I ran 50/50. she said . so I can go one wa y or the other. I am gomg 10 repre se nt
tho se who are responsible pet owners . One thing I would hke to se e implemented. a nd thi s ha s ro do '"'h
Judge Atencio. is that when cenain ci tation s are given to people and the y have to come before the Jud ge.
that we have in place the people who have volunteered to do educa tional programmmg . They would 1hc11
be referred to tho se vo lunteers to learn how to be re sponsib le pct owner s. T here \\·Cre some people
interested in doing that . she said, so we need to get with the Judge and try to arrange IO have him me et with
the vo lunteers so the y can discuss what that would entail.
As there was some question as to the statu s of Coun ci l 8111 No . 36. C ny Attorney Brotz man exp lam ed that
the bill will come back to Council , at the next meeting, on seco nd reading .
Council Member Bradshaw noted that Counci l Bill No . 36 went back to first reading because of the
amendments . City Attorney Brotzman stated it is because the amendments were substanuve . The bill will
come back to Council, on second reading, at the first meeting in ovember, he said .
(ii) Council 8111 No . 37 , amending Title 7, Chapter IA of the Englewood Muni c ipal
Code penaming to number of animals maintained at a hou se hold or premises was considered .
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COUNCIL MEMBER GARRETT MOVED, Ai"IID IT WAS SECONDED. TO APPROVE AGENDA
ITEM I I (b) (ii) -COUNCIL BILL NO. 37.
COUNCIL BILL 10 . 37. INTRODUCE D BY CO . CIL MEMBER YURCHICK,GARREH
AN ORDINA1'CE AME 'DI NG TITLE 7. C HAPT ER IA . OF THE EN G LE\\'OOD ~I I.;:\! !PAL CO DI:
2000 PERT Al ING TO THE I U MBER OF ANIMALS MAfNTAINED AT A HO SE HOLD OR
PREMISES .
Council Member Yurchick said he had a question on the amendment. You can correct me if I am wro ng .
he said, but as he reads this, as of January I . 2003. if you have more than two dog s or two cats. yo u need to
get rid of one . I thought, he said, that it was not the intent of the Code Enforcement Ad,·isory Commmee
to force anyone to get rid of a dog or cat. He asked if that was correct.
So, Council Member Bradshaw said. that wording needs to reflect that. Council Members Grazul,s and
Yurchick agreed .
Council Member Bradsha, asked C ity Attorney Brotzman how the y ca n change the bill to reflect that
City Attorney Brotzman said that what yo u can do. under the grandfather anmesty clause. mstead of th e
bold type language, is remsen the stncken language that begms .. All households prese ntl y ownmg thre e
dogs or cats without a hobby breeder·s license ... You actually want to reinsen that as yo ur grandfather
clause, he said.
But, Council Member Yurchick said. we need a date . That was part of the problem with the ongmal
amendment, as it just said .. at present ...
City Attorney Brotzman stated there houldn 't be an y dogs. from that fir st time around. th at are still all\e
So nght now, he sa id . everyone should ha,e enher two dogs or t\\O cats .
Council Member Yurcluck s tated that as not reality and he did not want to get mto the position of forcmg
someone to get nd of a dog or cat. But as of November I , 200 I, 1f you bu y a tlurd dog. after that. then yo u
are in violation of the law. If yo u have three dogs, a of that date. yo u arc cntnled to keep th ose three dogs.
until one dies and then yo u can't replace that third dog.
Council Member Garren asked if it is true that this becomes effective thiny days after II is approved. Cny
Anomey Brotzman said that is correct.
Council Member Bradshaw said then II would be affecti,·e a round January I .
Co uncil Member Garrett pointed out that on the date II become s effective you \\Ould have the grandfather
clause. You would not be allowed to add to your group. he sa ,d , but as the y dae off you would not be
allowed to replace .
Caty Attorney Brotzman advised that the problem right now is that the original ordinance was pa ssed 111
1979 . That means if you had a third dog in 1979, that dog as now 23 years old. So they shouldn't have
more than two and two. What Mr. Yurchick is trying to get to, he said, is that he wants an anmesty clause
not a grandfather clause .
Council Member Bradshaw asked how they can do that.
City Attorney Brotzman said yo u use the stricken language, which doesn 't g ave you a date , but II allo"s
you to keep the anamals afyou have three right now .
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Council Member Yurchick asked 1fthey ha ve to se t a date . Coun ci l Member Garrett stated yo u don 't ha ve
to do that, if you do it on the effective date of the ordinance . City Attorney Brotzman said that is right.
Council Member Garrett stated that thiny da ys after they pa ss It. the second time. it becomes effective and
that 's it.
Council Member Yurch1ck stated he just doesn 't want to get m the sa me situation that we are m nght now.
where we are trymg to clanfy the language.
Council Member Garren said, in essence, staning thiny days after the second reading. the language is the
same and you have an amnesty clause. If you are non-compliant, at the beginning of the effective date. yo u
don't have to get rid of one, but ifit dies you can't replace . He asked if that was right . City Attorne y
Brotzman said that is correct.
Council Member Yurchick asked if that was the intent of the Code Enforcement Advisory Conurnnee
Council Member Bradshaw stated that they need to have it read that way le ga ll y.
City Attorney Brotzman advised that, if Council uses the strtcken language. the y will be fine .
Council Member Yurchick said he thought that was the issue. as the stricken language s tate s that all
households "presently" owning.
Council Member Garren suggested they replace the word ''presently" with "as of the effective date of th e
ordinance." He asked if that would work .
Council Member Yurchick stated that resolves the Code Enforcement Advisory Committee·s is sue .
Council Member Bradshaw opined that that makes it very clear.
Council Member Garren suggested the y do it that way.
Council Member Bradshaw said that is an amendment .
Mayor Bums pointed out that the grandfather clause 1s not an amendment because that was not part of tht'
original ordinance anyway. City Attorney Brotzman aid that 1s correct.
Council Member Yurchick stated the y do have to amend 1t to replace the word prese ntl y.
Mayor Bums said he was talking about the sec tton below that . We don't have to bother with that now .
Council Member Garrett asked City Attorney Brotzman 1f. techmcall y, there would be no amendments
except for the clarifying language.
Ci ty Attorney Brotzman stated yo u have stricken language .
Council Member Yurchick said the amendment is to change§ 7-IA-4 from two dogs "or" two cats. to t\leo
dogs "and'' two cats and to change ·'presently" to "as of the effective date of the ordinance ." He asked if
that was correct.
Council Member Garren said that was correct. Basically, he said. Section I will stay exactly as written,
including the stricken language, except the word "presently" is being deleted and replaced with "as of the
effective date of the ordinance."
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But, Counc il Member Wolosyn said. what we moved was th e one that ha s all thi s language about fo ur
animals in any combination .
Counci l Member Garrett said we have n ·1 moved the amendment ye t.
Counci l Member Wo losyn said tha t we put it on the table and we have to ta lk about what we have o n the
table .
Counc il Member Yurch1 ck sa id we have to amend that to .. two and two " and amend .. prese ntl y ...
Coun ci l Member G arre tt said bas ica ll y we ne ed to put on. as an amendment. the tncken lan guage .
C ity Attorney Brotz man asked that the y do o ne mo re thin g He asked th a t the y re move the second
Whereas, if they c hange it to "two dogs and two cats ." Coun c il agreed .
Mayor Burns asked if they wanted to keep the third Whereas or sho uld we ca ll it amnes ty and t rike
grandfather. City Attorne y Brotzman said yo u ca n leave gra nd fa the r.
In response to Council Member Garrett. C it y Att orney Brotzma n advi sed that th ey need to strike th e second
Whereas, where II sa ys you are go mg to hange II to fou r anunals. You are not changmg II to four . you arc
keep ing it at two . o. Coun ti Member Brad sha" a id . you don't need that 1f you are11·1 gomg to put 111
three and three .
Mayor Bums po 1111ed o ut th at it I there from a pre,·1o us draft.
City Attorne y Brotzman stated 11 was th ere when you were go mg to four dogs .
Mayor Bums noted that II hould ha ve been taken o ut "hen th is draft was created and II "a J USI m1 ss,·d .
Counc il Member Yurc h1 ck asked 1fthey \\ere taking out the tlmd Whereas. C 11 y Att ornc} BrotLman said II
is the second Whereas .
Coun ci l Member Garre tt sai d th e th ird Wh ereas doe n 't come into pla}. beca u e 11 wa s no t on the table It
wasn ·, pan of th e ori gin a l council bill th at "as approved He asked 1f th a t "as n ght.
Counci l Member Yurch1ck sa id that 1s nght.
Counci l Member Garrett said he would take a sho t at the mo ti o n to ame nd .
COUNCIL MEMBER GARRETT MOVED TO AMEND COUNCIL BILL NO. 37 BY STRIKING
THE SECOND WHEREAS. INSERTING IN 7-IA-4 THE WORDS "AND TWO'' AND LEAVl~G
THE WORD "OR" BEFORE THE WORD "CATS" AND INSERTING THE FOLLOWING
LANGU AGE "ALL HOUS EHOLDS. AS m· THE EFFECTIVE DATE OF THE ORDl~ANct:.
OWNING THREE DOGS OR CATS WITHOUT A HOBBY BREEDERS LICE . 'SE, MA\'
MAINTAIN THE THREE DOGS OR CATS CURRENTLY OWN ED. BUT SHALL NOT
MAINTAIN MORE THAN TWO DOGS OR CA TS UPON THE DEA TH OR LOSS OF
OWNERSHIP o•· ONE OR MORE OF THE CURRENTLY OWNED THREE DOGS OR CATS.
Coun ci l Member Garrett asked if that was correct.
Counci l Member Wolosyn said she is confused . I thought at th e beginning of thi s. at th e last mectm g that I
attended. that the ve rsion of Coun c il Bill No . 3 7 that we app roved on fir st reading. was about the four
animals tn an y combtnatt o n or, she as ked , did we vo te on th e ame ndments .
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Englewood City Council
October 15. 2001
Page 16
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Counci l Member Bradshaw said no. we had to put the one we moved before out on th e !able and now we
are puning amendments on it .
But, Council Member Wolosyn said. we have put amendment on th e amendmenls .
City Anomey Brotzman exp lained that Mr. Garren JUSt amended the curre nl code . rather lhan four ammal s.
Council Member Yurchick noted he did 11 backwards.
Council Member Garrett asked if he did it backwards.
Council Member Bradshaw said thal was a good try. She asked Mr. Garren ifhe wan1ed 10 do 11 agam .
Council Member Wolosyn sugges1ed the y mighl be able 10 amend 11 by sayi ng so methin g hke ·'we rep lace
this with that language" and make it simple .
City Attorney Brotzman said as long as e,·erybody understands what you are voting on .
Council Member Bradshaw said we are JUSt losing 1he second Whereas . Oka y. she said. I ge1 11.
Mayor Bums said you can stnke everything belo" 1he title .
Council Member Bradshaw asked if eve ryone knows where we a re .
Mayor Bums said I think yo u could stri ke everything below 1he 1i1l e, because it is 1hc seco nd ordinance m
the packet. And then. he said, you could again move 1he language th at you just did and th e n you will be
okay.
Council Member Wolosyn said yes.
Council Member Garrett said thal in addition I should JUSI say "stri ke 7-1 A-4 except as amended :· Is 1ha1
what you want me to say. he asked .
Council Member Yurch1ck sa id that works for me .
Mayor Bums said I 1hink yo u ca n strike the Whereas clauses and eve rythi ng below 1he ti1le . All 1he
Whereas clauses and everything in the ordinance as firs! \\T1tten and 1hen sub sutute th e second version "nh
Mr. Garren·s amendments .
Except , Coun ci l Member Garrett sa id . 1here you \\Ou ld ha ve 10 smke 1he 1lurd Whereas and Sec 11 011 2 .
But, Coun ci l Member Wolosyn sa id. you already said all 1hat.
Coun ci l Member Bradshaw said as lo ng as everybody knows whal we are vo ung on .
COUNCIL MEMBER GARRETT MOVED. AND IT WAS SECONDED. TO STRIKE COUNCIL
BILL NO. 37 AS PASSED AND SUBSTIT TE COUNCIL BILL NO. 37 AS AMENDED IN O UR
PACKET, EXCEPT STRIKING THE SECOND AND THIRD WHEREAS. STRJKJNG SECTION 2
AND RENUMBERING ACCORDINGLY AND INSERTING THE STRICKEN LANGUAGE
UNDER 7-IA-4 IN SECTION 1, EXCEPT REPLACING THE WORD PRESENTLY WITH THE
WORDS "AS OF THE EFFECTIVE DATE OF THE ORDINANCE.~
Mayor Bums said that works .
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Englewood City Council
October 15, 2001
Page 17
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Mayor Burns asked if they were voting on the council bill as amended . City Attorne y Brotzman explained
they have to vote on the amendment first.
Mayor Bums called for a vote on the amendment .
Vote results:
Ayes :
Nays :
Motion carried.
Council Members Na bholz, Garrett . Bradshaw. Wo losyn .
Yurchick. Grazulis. Bums
None
Mayor Bums noted that the amendment is adopted .
Mayor Bums called for a vote on Council Bill o . 3 7 as amended .
Vote results:
Ayes :
Nays:
Motion carried.
Council Members Nabholz. Garrett. Bradshaw. Wolosyn.
Yurchick, Grazulis , Bums
None
Mayor Bums noted the council bill is passed as amended .
Council Member Garrett said he wanted to thank Code Enforcement for their patience and hard wo rk .
Mayor Bums said we do appreciate it.
Council Member Grazulis said she wanted to say some things that she forgot to say the fir st time around .
am totally aware of the problems with the leash laws and the attacks on children and/or postal carriers. she
said, and I'm not sure a leash law will take care of that. But I do know that we ha ve a probl e m and we al so
have a large problem with the barking dogs and that should also be addressed and can. at lea st. be enforc~d
at this time with what was passed. I just still reiterate , she said , the fact that responsible pet owners will
probably not be coming in front of Judge Atencio. it will be the irresponsible pet owners and hopefull y the y
will gel a breath of fresh air as to how 10 be more re sponsible pet owners. Be cau se . she slated. \\C do 110 1
allow any cruelty to animals .
Mayor Bums said he would like to reiterate what Ms . Grazulis said previously, that Council is very
interested in having a dog park , where yo u could run your dog, and al so in taking advantage of the offers of
assistance with an educational program . Which, he said , I think will be a great help .
Counci l Member Grazulis commented that we are on the cutting edge of that . In talking 10 other peopl e in
other communities, they think that this is a wonderful step forward . And, she sai d, the y think , again, that
Englewood is leading the way.
Council Member Bradshaw said she would like to thank Mike Yurchick for all his work on thi s. Mr.
Yurchick thanked her .
( c) Resolutions and Motions
There were no additional resolutions or motions submitted for approval. (See Agenda Item IO · Conse nt
Agenda .)
12 . General Discussion
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Englewood City Council
October 15, 200 I
Page 18
(a) Ma yor's C ho ice
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(i) Mayo r Bums said he would hke to thank Bill Vidal for commg do,\11 tonight o n
behalf of DR COG . He is reall y !J)'ing to make some changes at DR COG. Ma yor Bums said. and I think 1t
is a more dynamic organization under hi s leadership.
(ii) Mayor Burns noted there was a sidewalk sale in the 3300 and 34 00 bl ocks of
South Broadway on Saturday. I talked to a lot of the merchants. he said. the y did get some add111onal
business from the sidewalk sale, but the weather was a linle breezy and chill y to start with. Ma yor Bums
advised that they would like to have a banner over the middle of the street . C ity Manager Sears told me . he
said, that the main reason they did not have one. is because the y did no t ask for one . They th ought ma yb~
the banners were for City maners only. But it is not true. he said. and the y should have asked for a banne r.
But, he noted. they generally had a good reception up and down the s treet. I was looking at my material
over the weekend, he said, and we do a lot of things with busmesse and we have a lo t of different
programs in this City . that I don't think we get credit for.
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Mayor Bums advised that , listed on the Agenda under Coun c il '.\olember ·s Choice. th ere are thre e
resolutions, estabhshmg salaries for the Judge . C it y Manage r and C it y Attorney.
(b) Coun c il Member's C ho ice
COUNCIL MEMBER BRADSHAW MO\IED. AND IT WAS SECONDED TO APPROVE
AGENDA ITEMS 12 (b) (I). (ii) AND (iii).
(i) RE SOLUTIO N NO. 74, SERIES OF 2001
A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE MUNICIPAL J UDGE .
(ii) RESOLUTION NO. 75 , SERJES OF 2001
A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE C ITY MANAGER .
(iii) RESOLU TION NO. 76 . SERIES OF 2001
A R ESOLUTION ESTAB LISHING THE ANN UA L SALA RY FOR THE C ITY ATTORNEY .
Vote results:
Motion carried.
Ayes :
Nays :
Council Member s Nabholz, Garren, Bradshaw, Wolosyn,
Yurchick . Grazuhs. Bums
None
(iv) Counc il Member Garren :
I. He noted that the Calf machine ha s been o ut at the g ym for quite so me tune. It was gone a couple
of weeks before they shut down. he said, and there was an expectation from many people th at It wo uld
return and it has not. He noted it is a machine that is used by a lot of seniors. because it is ea sy o n the back.
2. He said he wanted to compliment the City, because there was an article in the Post today about the
art that we have outside. Council Member Wolosyn will go into more detail about the article. he said . but 11
was nice to sec information about the City 's efforts and how we are a good model of how to bring an to
public places.
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Englewood City Council
October 15 , 2001
Page 19
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(v) Coun c il Member Bradshaw:
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I . She said. fir st of all . she wanted to thank whoe ver wrote the wonderfu l lette rs to the c hildren at
Flood. That was excellent . she sa id .
City Manager Sears advised that Leigh Ann Hoffhine s wrote the leners .
Ms. Bradshaw thanked Ms. Hoffhines . Becau se , she sa id . that reall y addre ssed their need s and I thml.. th e~
felt that the y were heard .
2 . She advised that she had the o ppo rtun ity 10 anend a PTSO mee tm g at C herre lyn la st "eek rhe ~
are trying to redo their playg round and what the y have run 11110 1s five layers o f asphalt In t,·ad o f 1al..111 g
asphalt out , they JU St kept putting it on top , punmg 11 on top and putting 1t on to p . It ha cau ed them 10 go
over budget. They so ld $40 .000.00 worth of pies at a fundraiser , she said . They are goin g to be eat mg p ie s
forever. I am not suggesting we pic k up the bill. she said. or anything lik e that. She a ked Dire ctor Ross ,r
th ere was anyone who takes as phalt out of places. I lm ow th e rotomill guy doe s th at. he said . but tlllS
wo uld have to be done five tunes.
Director Ross said , basica lly , yo u are ri ght. You can contract 1t o ut to an y contractor that is 111 the
demolition business . Council Member Bradshaw noted it ha s sto pped their progress o n red o mg th e
playground .
Counc il Member Grazulis sta ted that she had mentioned th is la st ye ar, thi s very same issue re gardmg th e
asphalt removal. At that time, she said , I was wondering 1f we ever had an y people o r tru cks 111 th e area
that could help . I didn 't get anything, she sa id .
Council Member Bradshaw commented that it ha s so n of brought everything to a sto p there . he as ked
C it y Manager Sears if Director Ross could go out and take a look at it . I know he works fo r yo u. she aid .
City Manager Sears said we will follow-up on that .
Council Member Bradshaw asked if there is an yway, ifwe are going to be re movmg co ncre te , th at we
could go by and take a swipe at their asphalt. Ci ty Manager Sears said he doesn 't kn ow why "e ·o ul dn ·,
do that.
Counc il Member Bradshaw advised that Vickie Mohr is the Principal and she is a neat lad y.
Direc tor Ross advised that he vis ited with Ms . Mohr la st ye ar abo ut that. I Just indicated that I have th e
authority to direct people to do work in the public ri ght -of-way. he said . but I felt that she needed to talk to
th e C ity Manager o r Ci ty Co un c il to autho ri ze me to use manpower. tru c ks and equipment to do work
outside of the public rig ht-of-way .
Council Member Bradshaw said somehow we need to son that out. Ci ty Manager Sears commented that
we did th e same type of thing with Charles Hay . Our Utilities Depanment helped Charle s Ha y put the
sewer line in , he said. We will do a follow-up with the school district , he said, a nd see what we ca n come
up with. Mr. Sears noted that we are both public entities . Council Member Grazuhs sai d that would be
excellent.
Council Member Bradshaw asked that we j ust take a look at it. Because , she sa id , I think an y group that
raises that mu ch mone y is just in c redible .
Counc il Member Bradshaw advised that the other thing that ca me up is the issue of the Ci ty taxing sc hool
fund raisi ng. So, she said, I went in and asked Sue Clark if she could extrapolate how much mo ne y we
make off of sc hools with tax . Council Member Grazulis sai d that is a big issue. Council Member
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Englewood City Council
October 15, 2001
Page 20
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Bradshaw said she did not know whether Counci l should rev1S1t that or not . but 11 ,s so mething for th e
Cou ncil to think about .
Cou ncil Member Yurchick asked Director Gryglew1cz wh y they are taxed . I thought the y were non-profit ,
he said .
Council Member Bradshaw noted that Council Members Yurchick and \Volo yn \\ere not on oun 11 "hen
this came up .
Director Gryglewicz explained that the reason they are taxed is because they a ctuall y don 't pa y the tax
They collect the tax from the end user and remit it to us and we pay them a fee to do that
Co un ci l Member Bradshaw asked Mr . Gryglewicz to say that again .
Director Gryglewicz advised that they on ly act as the coll ector of the tax and then the } ren111 11 to the II ~
and the C ity actuall y pays them a fee to collect that tax .
Mayor Bums said the issue was whether that would diminish the net amount they would get fro m their
sales .
Director Gryglewicz said the way it is done now is that the tax should be incorporated m the pnce of " ha t
they are selling . So it wouldn't ha ve any impact on them at all. They couldn 't keep th o e tax c . Tho c
taxes are paid by the end user and remitted to the City.
Mayor Bums said he thought the issue was the price. that the y had 10 raise the pnce to cover th,· taxe s
Coun ci l Member Wolosyn noted that is the sa me issue that other orgamzations in the C it y have about taxes .
Coun ci l Member Yurchick said if the y se ll a $10.00 pie . then they need to be charging $10.73 for that pie .
Director Gryglewicz said ifit were a pie for them to take home, the y wouldn't pay any tax because 11 is a
food item.
Council Member Bradshaw said that is why the y sold food .
Director Gryglewicz said most of them sell food items that aren't taxed. He pointed out that 1f yo 11 don 't
charge the tax . then what you do 1s you put your businesses in Englewood and everywhere e lse . at a
disadvantage. because sudden ly you are providing . basicall y, a sub sidy.
Ci ty Manager Sears said that basically what they are se lling is a tangible product. They are se lling a
product and a portion of the money is donated back to the charit y. But it is sti ll a product and that is wh y
we run into problems when we try to differentiate between what the y do versus what the retailers docs .
Council Member Yurchick noted that it sounds like the problem is that they are not c hargi ng th e tax , they
are just charging the S 10 .00 for the pi e and the y are not colle ct mg the 7 3 cent s so the y have to pay th e 73
cents out of the S 10 .00.
Council Member Garrett said when we did 1h1 s a few yea rs ago we prepared a memo that sort of walked
through this .
City Manager Sears advised we will just se nd that back out.
Council Member Bradshaw sa id maybe we could resurrect that memo .
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Enghi"·ood City Council
October 15. 2001
Page 21
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Council Member Garren noted the memo had some of the background .
Counc il Member \\'o lo yn commented that thi s also came up at that conference la s t week . She a sked if
lrnls are makmg o methmg. that they are charging each other 50 cents for at a carnival , if the y have to do
thi s also . Direc tor Gryglewic z said no , It is just for goods that would be sold under the C it y Cod e that
would be tax ed .
Counc il Member Wolo yn s uggested that ma ybe he could clarify that in that document al so . Because I
thmk a lot o f the teacher have that iss ue . s he said. and the y would understand ,fit wa s d1fferen11ated that
wa y.
Council Member Brad ha" aid 11 1s JUSt reall y confu s mg .
C it y Manager Sears agreed that the y JUSt do no t understand .
So, Council Member Yurc h1 c k aid . there I no sales tax on food sale s . Director Gryg lew1 cz ad\'I ed that
food that is consumed on pre mi se s "ould be c harged tax .
Council Member Yurch1ck said if I go to the mc lair Station and bu y a bag of c hips. 1s that not ta xable''
Director G ry glew1 cz said there 1s no ta~ o n that. He advi se d that food for home consumpti on 1s not ta,cd
Cit y Manager Sears said we will send that memo out.
3 . Ms . Bradshaw advised that we are ha v mg a little problem with the park mg at C us hmg Park aga in.
It is not just Cushing Park. she said. the y are also parkmg on Eastman. so peo ple can 't get int o the park .
They are using all the spaces at Cushing Park and then the y are parking on Ea s tman and then the y are goi ng
down the streets . I hadn 't heard from people for a while, she said. so I decided to walk that block and I
heard quite a bit about it. Basically, she said, Eastman has turned into what we see on Oxford.
Mayor Bums said he wa s down at RTD Thursday night for a local government pre sentation and Cal
Marsella gave his pitch agam on FasTracks . It was actuall y prett y well done , because we got to spend
some time on it. Again I got to talk to him. Mayor Bums said. about this idea of carpooling or whatever 10
the light rail station and what can we do to try to alleviate the number of cars . I thmk there are a number o f
things that can be done. he said, but we need to get more in sync with them about ho w to effec tuat e that .
Council Member Bradshaw stated that the neighbors are up set agam and I don ·1 blame them.
Ma yor Bums said I don ·t blame them either.
Counc il Member Garren said if I were RTD one of my arguments would be that once I extend the line
down to Highlands Ran ch. whic h is their goal. that that will relie ve some of the parking press ure as yo u
come nonh. But . he said . I have a feehng we have a lot o f people coming ea st/we st 10 catch the hght rail.
It seems like , he said, that we need some kind of evidence that it is an eas t/west problem more than
nonhisouth.
Mayor Burns said I asked him how full the buses are that come in under the bridge and he said the ones 1ha1
come in from the east have more ridership than those coming from the west. That make s some sense
because the west is not as densely populated . But still they are very busy coming in and out o f there . I-le
pointed out that we had 300 buses a day before we even had light rail coming in and out of the C it y. I still
think there are a variety of things that can be tried , he said , even a TMO for this corridor, whi ch we ha ve
never had . Mayor Bums stated RTD helps to fund those . I was told they fund the TMO 's at $20,000.00
apiece nght now, he said . and the y dovetail their services to get people to buses, park ·n ndcs and light rail
stations .
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Englewood City Council
October 15, 2001
Page 22
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Council Member Bradshaw said I think we need to look at enforcement on Eastman. panicularl y 1fthc 101
is full and the one at Cushing is full . because then the y are parking straight down Eastman .
City Manager Sears said on Eastman it is a public right-of-way owe don 't ha ve it time mark ed. so \\t' mai
need to put signs up tha1 would se t a 11me . He asked Director Ro ss 1ftha1 was ngh1.
Director Ro ss stated 1hat is correcl. Eastman 1s bas icall y s ide lots. It is not even in front of people ·s
house . so as far as our li st ofpriont1es m e\'en cons1denng s igns. Eastman was not reall y even on th e radar
screen before tomgh1.
Mayor Bums said he thought the nonh pan of Eastman is the park itself until yo u get to the co mer.
Director Ross said that is correct.
Mayor Bums said I have been down there too when the y parked on Eastman and I was watching to see
where they turned the comer to park in front of a house . The couple of times I was there they were not
park mg 111 front of the houses. they were on Eastman. But they were not parking in front of the house . he
said . and a good pan of Eastman is the actual park itself. I don·, know whether we could post 1ha1. he aid
C n y Manager Sears noted that 1f we post Eastman. we need to take a look at 11. because we ma y force
people to park m the neighborhood. So that , he said. is a tradeoff.
Council Member Bradshaw said I still think that we need to work for resolution "nh th at ne ighborh ood.
because they have been awfully patient .
City Manager Sears agreed that we do .
Mayor Bums asked what they are complainmg of. 1fthe ca rs are not m front o f their hntt '>e
Council Member Bradshaw said they are complammg of the fact that you can 't get to the park . that there 1
no place to park at the park .
Mayor Bums said okay. I see what yo u are sai,ng .
(vi) Council Member Grazuhs :
I . She thanked Da\'e Lee for the dog park memorandum that he put together. He did a lot of work on
this, she said, m compiling the information . Ms . Grazuhs sa id she would like to work wnh him. because
there arc a few thmgs that s hould not be 111cluded. suc h as the s tatement that ball s and Frisbees would not
be allowed . That is one of the purposes of a dog park . he stressed . He also mentioned something about
small c hildren . She as ked what th ey mean . exactl y, about not be111g allowed at the park . The C ity of
Madi on had a real nice leaOet. that Mr Lee made a cop of. about thi s bemg an evolving program. She
felt 1t \\3 mce that tlu s was open-ended. because. when the y come across a program or a pro blem. they ca n
address n . The dog park issue 1s so methmg that "e reall y do need to look into , she op111ed . She said she
wa s not s ure how it was going to come out. whether we take new land or use existing parks and do different
hours, but somethmg should be initiated for the citizens who want something like that.
Council Member Garrett said that is going to be taken up by Parks and Recreation . He said he s poke
bneOy with Director 131ack last week about this very issue . Although I wa not able to make the mee 1111 g
last week . he said, one spot that was discussed was the area nonh of the new ball field . It 1s out of the "a y.
has plent y of parking, it has utilities , and there is a river on one s ide and a lake on the otha. We do 1101
have the money to develop that spot on the landfill anyway. o. we are lookmg at th111 g . he sa id
Council Member Bradshaw said that would be perfec t.
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Engle...,ood City Council
October JS, 2001
Page 23
Council Member Grazulis said that sounds very good.
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2 . She said a constituent called her regarding Belleview. She said she realizes that belongs to C OOT
between Broadway and Logan. The caller said something about the south side and she told him she
thought it was CDOT"s. You cannot walk on it. let alone ever try to ride on 11 , and it has always been filled
with weeds and gravel. That should be addressed, she said. because everyone thmks II is Englewood that 1s
not maintaining that. The caller said, on the nonh side. yo u cannot walk or ride a bicycle , either. as II is a
mess also, so he would like for us to look into that .
3. She advised that there are a couple of new bus messes on South Broadway. On the corner of
Mansfield and Broadway. it used to be the March Hare , and now 11 1s called the Geek Store. It is a
computer store, she advised, and they do a lot of reconditioning . Also, the Santiago Restaurant ha s finall y
opened, after going through a lot of hoops to get there .
(vii) Council Member Yurchick :
I. Regarding the response he received from the Building Depanment about 1heir urv e ys. \·1r
Yurchick asked that the maner be scheduled for a Study Session agenda to talk about 11 a lmle mor,·. Th,~
was not the response I was looking for , he said.
Director Olson asked Mr. Yurchick what he was lookmg for. be ca use the y were no t real sure .
Mr. Yurchick said he asked them to look at implementing a more formal plan. something the y co uld
computerize and we could track it on an annual basis.
Mr. Olson said that is what they are going to do. The problem has been that we are not getting the
responses back. but they are going to computerize what they have in .
Mr. Yurch1ck said the form he saw did not look like it would be easy to computerize . It looked hke the y
needed to come up with something along the lines of the citizen surve y, where the y could rate it on a
number system and quantify the data.
Mr. Olson said they were going to quantify it also . Council will be receiving a monthly report. he ad, 1sed.
based on what we get back. We are disappointed with the responses that we are getting back. but II will bt'
computerized to the extent that we can.
Mr. Yurchick said he is not really looking for a monthl y repon. but so mething annuall y.
Council Member Bradshaw said quanerly or annually .
Mr. Olson sa id II is up to Council what the y would like . He said he to ld staff to put together a monthl y
repon. but if Council prefers somethmg less frequent , that 1s fine .
Council Member Bradshaw asked Mr. Yurcluck what the y need to assess .
Mr. Yurchick said he would tell them where he was coming from . The issue that has come up on the ACE
committee is that people are not totally satisfied with the service they are getting from the Building
Depanment, and he wanted to quantify that through, possibly, a one-time survey like we did with the
citizen survey. He said he wants to put it on a Study Session agenda and talk about it a little more .
City Manager Sears said he would do that . Mr. Yurchick repeated that he is not looking for a monthly
repon. Mr. Sears said we will put it on an agenda, and we are meeting now with the citizen survey people
to talk about a business survey, and we can bring them in to come up with some alternatives .
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Englewood City Council
October IS. 200 I
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Mr. Yurchick said ACE is also looking at some kind of a surve y. and he will as k them on Wednesda y 1f
they want to do something. Maybe Council should look at having the two wo rk together. he suggesaed .
City Manager Sears said okay, we will bring it back to Council.
2. He thanked Director Gryglewic z for informing ham 1ha1 there as no sal es ta x o n food . For )t a rs.
he said. I have argued w11h the Sinc lair station on Hampden that th ey s hould not be ta x mg me on Ill) fo od
Their re s ponse is that the Director of Finance told them 10 go ahead and do it. :vtr. Yurc ha c k said he had
two questions . He a sked ho" he could get a rebate . and. al so. he wanted 10 kn ow wh e ther S inclair as
collecting the taxes. and then filling out the forn1. showing II as food and not pa ying the taxes .
Director Gryglewicz said he would look into that. Mr. Yurc ha c k said the y have alwa ys done it and he has
argued with them about it for eight years. He said has concern it that the y are collecting it and when th ey
file their tax return they show it as a food item and then the y don·1 pay the tax the y have colle cted and th e y
are puning that money in their pocket.
City Manager Sears said that is why we do periodic audits . We do random audits o f the different
businesses. Mr. Yurchick said it might not ne ces saril y show up in the audit. Their cas h regi ste r tape nu gh 1
show it as a food sale. which would tie out to their ta x forn1 . The y sold X amount of dollars 111 foo d . but arc
the y showing they collected the tax on II, too .
Mr. Sears said they should, and if the y don ·,. then the y need 10 do an es timate o f what the tax \\Oul d be .
and that is what they would owe us .
Council Member Yurchick said he wants them to top 1ax111g ham o n food .
(viii) Counc il Member Wo losyn :
I. She said she was not here last week becau e s he anended the federal go,·ernme nt ·s Co rnmu111t )
Learning Center Grant Conference. They expl ained . to th ose recea,·ing the grant s . the bes t \\J ) o f
implementing them. The federal go,·ernment iss ue s the se Community learning Center G ran ts 111 order tu
help school district s tum their buildings 11110 communn y centers afier hours. she explained. T he true spam
of the grants is to go beyond the idea ofa da yc are to an actual community center. Even th o ugh Eng le "ood
Sc hools are begim1ing by taking two of our Engle" ood sc hools , Charles Hay and Maddox. and pu11111 g m
enrichment and daycare centers after hours, the long term plan is really much more complex than that. It
involves adult learning, and they ha ve all sons of things on their wish list , she said . he said II wa s a
complex workshop and. really, the best conference s he has attended s ince she ha s been on Coun c il. Th e
wa y the y did it was so productive. and she learned a lot. she stressed . Ms . Wol os yn adnsed that he wo ul d
write a small repon and then refer back to two years ag o when she helped them write the fir st grant. Thl'Y
put the things. the y would assist them with. in a lener. She said she was not an on the second grant , but s he
would like to go back and get the lener for the first grant and revisit the whole thing, and see ho w we can
c onmbute . A community learning center means more than the district. she said , 11 al so mean s the C uy.
There are pretty minor things we could do to maximi ze their impa c t in the community. s he sa id .
2 . She said Mary Dounay told her that a date has been set for the School/City meeting .
City Manager Sears said it would be October 23'". He recognized that it would not work for some o f
Council, but he said he was aware that she was in contact wnh Council Members Wolos yn . abhol z and
Grazulis . He said he could not remember what time that would be , but he would let them know. All
Council members are welcome to attend, he said . He felt 11 was in the evening at s ix o 'cl oc k.
Council Member Wolosyn commented that Ms. Dounay liked the fa c t that so man y Counc il member s
attended the last meeting .
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Englewood City Council
Odober IS. 2001
Page 2S
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3 . She said she has been going 10 all the parade mee11ng s in the la st few months. and was talking to
staff about what an amazing job Colleen Burke does very year. She has done II for three years, and this
year was especially tough , because there was all the controversy at the beginmng about where it wa s going
to go, and there have been issues, as you see with one of the letters m our packet. She gets that directly. 1101
jusl in a letter. so we were 1hinking it would be nice to give her some son of 1nbu1e . may be al 1he
November 5th meeting. Ms . Wolosyn said she would like ii 10 be. not a plaque. but some sort of gifl . She
said Communications Specialist Hoflltines had 1old her staff could work somelhmg up ,f Council agreed.
Council Member Bradshaw felt thal would be ,·ery appropnale .
13 . City Manager's Report
(a) City Manager Sears !hanked Council for 1he,r suppon for him and for Slaff He sa id llll'y
would continue to work at earning thal trust.
(b) City Manager Sears advised 1ha11he Sacramento C hamber of Commerce \\OU Id be here
this Thursday afternoon. He said 11 would be great ,f Mayor I3ums could come . They J USt confirmed 1ha1
seventy or eighty people would be here to look at our operauon and o ur whole C n yCe111 er.
Mayor Bums asked what time it would be . Mr. Sears sa id 1he y ha ve not ac1ually se1 1he 11111e. bu11h,·i ar,·
going to be on the light rat! and come do\\11 here bet"een o ne and four o 'clock 111 the aflemoon .
(c) City Manager Sears reminded Coun c il that there "ere no Council 111ee1in gs sc heduled for
the nexl 1wo Monday nighls . The nexl meeting "tll be the regular se s 1on the fir t meet mg 111 No,·embcr.
he added.
14 . City Attorney's Report
(a) City Attorney Brotzman presented a recommendation to JOm 1he Englewood
Environmental Foundation. Trammell Crow and Miller/Weinganen Realty in filing s u11 against the I3radky
Service Station. et al.. to stop environmental hazards from migrating onto 1he C 11 yCenter propeny and 10
recover damages for environmental contamination caused b y Bradley. et al.. as well as for remed1at1 0 11 and
preventative steps 1aken .
Council Member Bradshaw asked if these fees would be splil four wa ys . Mr. I3rotzman said 1he y \\Ould be
divided up. but they have not worked out the fee agreement with Trammell Crow and Miller Wemgarten .
Obviously. the City and the Foundation can come to an agreement, he said. The other two are gomg 10 be
more difficult . We will probably do that on a pro-rated ba 1s on how much each one ha s to recover.
Council Member Yurchick asked if Mr. Bro1z man had spoken to Trammell Crow and Miller 10 sec 1fthey
were interested in panicipating. Mr. Brotzman said he spoke to 1hem brien y to see , f 1hey were 1111e rested .
bu1 we have not negotiated 1he fee agreement yel , but, yes, 1he y are mteres1ed III movmg fon,ard .
COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED. TO APPROVE THE
CITY OF ENGLEWOOD JOINING THE ENGLEWOOD ENVIRONMENTAL FOUNDATION,
TRAMMELL CROW AND MILLER/WEINGARTEN REALTY IN FILING sun AGAINST THE
BRADLEY SERVICE STATION, ET Al.. TO STOP ENVIRONMENTAL HAZARDS •'ROM
MIGRATING ONTO THE CITYCENTER PROPERTY AND TO RECOVER DAMAGES FOR
ENVIRONMENTAL CONTAMINATION CAUSED BY BRADLEY. ET AL.. AS WELL AS FOR
REMEDIATION AND PREVENTATIVE STEPS TAKEN.
Ayes:
Nays:
Motion carried .
Council Members Nabholz, Garrett, Bradshaw. Wolosyn ,
Yurchick, Grazulis. Bums
None
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Englewood City Council
October 15, 2001
Page 26
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(b) City Attorney Broizman presented a recommendation to approve the settlement proposal
in Jerry Scott Nestler and Pamela J . Devon vs . City of Englewood. Wallace Lukowski. Susan Lukowski. et
al. -Arapahoe County District Coun Case No . 99CV 19 84 . This is a right-of-way case for the 11 y Dnch.
he advised, which came up because their legal description differs from the Ci ty ·s nght-of-wa y desrnpt,on .
We have put up a fence and we are calling a truce , not only between us, but between the 1'estlers and the ir
neighbors as well , So. he said. he felt everything should settle down in that neighborhood.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROH THE
SETTLEMENT PROPOSAL IN JERR\' SCOTT NESTLER AND PAMELA J. DEVON VS. CIT\'
OF ENGLEWOOD, WALLACE LUKOWSKI, SUSAN LUKOWSKI, ET AL. -ARAPAHOE
COUNT\' DISTRICT COURT CASE NO. 99CV1984.
Ayes :
Nays :
Motion carried
15 . Adjournment
Council Members Na bholz, Garrett, Bradshaw, Wo losyn .
Yurchick, Grazulis, Bums
None
The meeting adjourned at 9:55 p .m .
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CllY COUNCIL
MONDAY, OCTOBER 15, 2001
7:30 P.M.
Engle,vood Civic Center
Cou n c il Chambers
1000 Engl ewood Parkwa y
Englewood. CO 80110
1. Ca lltoorder .r;;~~
2. In voca t ion. /)~
3. Pledge o f Allegian ce. ~
4 . Ro llCall. at)_ '7 ~
:,. Minutes.
tippd~: G;;;;)E~'hAJ ;;~•gola, Ci t . Co oed teeti og of Octob" 1, COO 1.~
6. Sc heduled isitors . (Pl ease limi t vou r pres entati on to ten minutes.)
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a. Golden Ma o r and DRCOG Chairman Jan Schenck wi ll present a Loca l Go\ ernm en t
Inn ovatio ns Awards plaque to En glewood on behalf o f the D em er Regi o nal C o un d o t
G overnmen t s. The City is recei vi n g a seco nd place awa rd in th e program ' M et ro
Vision 20~0 ca tegorv fo r th e Englewoo d Civic Center.
b. MC/J.ds~IJ.Mft!r/:i'tfe ~"1~JfC~oe Coun ty H om eless Al lia nce will be pr ~ent to
add ress Ci ty Co unci l.
C.
d .
Rosemary LaP o rt a, Pr eside nt of th e Englewood Histo ri ca l Society, will be present to
address City Counci l regarding th e San ta Fe D epo t transfer oi owners hi p .
..,, PIii/... ~II.~
Sandra Bl ythe Perry. D irector o t Interfaith Task Fo rce, will be presen t to express
apprecia ti on for th e City 's finan cial suppo rt.
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Englewood Citv Co un ci l Agenda
Octob er 15, 200 1
Page 2
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8. Co mmunications, Proclamations, and Appoi ntments.
/j~ f/-0 a. A proclamatio n declaring November as Hospice M o nth . U)tt/-""-4L __, vrr" ~A-it£ 8flil~{. p~~O ~i,·y tn,H)A-C.£R.. ~
Wlf11 H/5 .Bo y~ Fl?#lt 11'.!Al..f
9 . P~aring ( o ne scheduled ) ~a..s$£() ,+-r Ir'· :i j ,.,,,__ r Ole. K£f!E.l'n :.i ,J
~ l<.WNIJEIJ r/J · 'f:t~fl.A. Wt/ii~ M£,#18~ l"'R~
r,fhhA r;:0
· )Jj};;;~~Mu ~r~I)~ !1$AAS /OA./-VJ !Olr1-itJ /Oe 1·-iii
~vi O a. Approval oi O~dil'1"c~~;:;-First Reading.
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i. COU CIL BILL 0 . 62 -Recom mendatio n fr o m the Department o f Publi c
Works to adopt a bill for an o rd inan ce approving an Encroachment Agreem ent
for 3024 Sou th Grant Street. STAFF SOURCE : Ken Ross, Director of Public
Works.
ii. COU CIL BILL NO. 67 -Recomm endati o n tr o m th e D epartm e nt of Finan cia l
Sen ices to adop t a bill fo r an o rdi nan ce e tablishing th e 200 1 1\1ill Le ,, to b
co ll ected in 2002. STAFF SOURCE: Frank Gryglewicz, Director of Finance and
Administrative Services.
iii . COUNCIL BILL NO. 68 -Recommendati o n from th e D epart m ent of Finan ci al
Services t o adopt a bill for an o rdinan ce apprO\ ing th e 2002 Bud ge t. STAFF
SOURCE : Frank Gryglewicz, Director of Finance and Administrative Services.
iv. COUNCIL BILL NO. 69 -Re co mmendati o n fr o m the D epa rtm ent o f Finan ce ;ind
Administrative Services to adopt a bill for an o rdinan ce appropriating th e 2002
Budget. STAFF SOURCE : Frank Gryglewicz, Director of Finance and
Administrative Services.
v. COUNCIL BILL 0. 70 · Rec o mm endat ion from the D epa rtm en t of Publi c
Works to adopt a bill for an o rdin ance creating a Transp o rtati o n Advis o rv
Committee . STAFF SOURCE: Ken Ross, Director of Public Works.
b . Approval of Ordinance s on Second Reading.
i.
ii .
iii.
iv.
COUNCIL BILL NO. 61, amending Titl e 1-7-2 o f th e Eng lewoo d Municipal Code
pertaining to jurisdictio n and p ower oi th e Co urt.
COU CIL BILL NO . 63 , appro, ing an Encr o ac hmen t A gree m en t at 20 0 1 W .
Bak er Ave nu e.
COUNCIL BILL NO. 64, approving an Int ergovern m ental Agreement wi th th e
D enve r Water Board for the Tr ansfer of Water Servi ce s.
COU CIL BILL NO. 66, terminating th e Radi o To wer Propert, Lease w ith ABC.
Inc., which can no longer be accommoda ted as a result of th e Phase 2
Expansion o i th e Littleton/Englewood Wastewa ter Treatment Plant.
Please note: If you owe 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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Eng le" ood City ouncil Agenda
October 15, 200 1
Page 3
C. Resolutions and Motions.
Recommendation from th e Department o f Financ ia l Servi ces to adop t a
resolution approp riatin g funds for Citv Co uncil 's co ntribution to the Metro
Mayors Cau c us . STAFF SOURCE : Frank Gryglewicz, Director of Financial
Services.
ii. Recommendation from th e Littleto n/Englewoo d Wastewa t er Treatment Plant
Supervisory Committee to approve, b m oti o n. th e purchas e oi o ne manure
spreader. Staff re commends awarding the co ntract to th e lowest te chni cal!\
acceptable bidder, Knight Equipment Sales , in th e amoun t of 522,7 14 . STAFF
SOURCE: Stewart H. Fonda, Utilities Director, and Jim Tallent, Operations
Division Manager.
iii. Recommendation from the Department of Publi c Works to appro\e, b v m oti o n,
the purchase oi a front end loa der . Staff recommends awarding the co ntra ct to
the lowest bidder. Powe r Equipment Compan y, in th e amoun t o f 572,444.
STAFF SOURCE: Ken Ross, Director of Public Works.
11 . Regular Agenda .
a. Approval of Ordinances o n First Reading .
ff
b. Approval of Ordinances o n Sec o nd Rea ding.
Council Bill o . 36, amending Ti tle L ~haptE:r l A oi th e Engle\\ ood Municipal
Code pertainin g to dogs and ca ts .~
Council Bill N o . 3 7, amending Title 7, Chapter 1 A o i th e Englewood Municipal a, . . ~ ,_
Code pertaining to number of animals ma1nta111ed at a ho u eho ld o r premise ~
c. Resolutions and Moti ons .
fr
12 . General Discussion .
a. Mayo r's Choice.
b. Council M~mbers' .~~~~e. • . . . iJ¥i':-'/-0 BlllPtAW A.Of/&./) ttJAPPJ!()//E... 10"-'11it 'f /I/
i. A resoluti on es tablishin g th e annua l salary for the Municipal Judge .
ii. A resolution establishing the annual salary fo r the City Manager.
iii. A resolution establishing the annual salary for the City Attorney.
13 . City Manager's Report .
PINle nole: If you haw a clsability and need auxiliary aids or services, please notify the City of Englewood
(303-762·2405) at lealt 48 houn in advance of when services are needed. TIYnk you.
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Engle w ood City Coun cil Agenda
October 15, 200 1
PJge 4
14. City Attorney's Report.
a.
Jp,''l-0
Recommendation, by motion, to join the Engl ewood En iro nmental Fo undation ,
Trammell Crow, and Miller/Weingarten Realty in filing suit against th e Bradle y Service
Station , et al , to stop environmental hazards from mi gratin g onto the CityCenter
property and to re cove r damages for environmental co ntamina~r:,.c~us~by Bradle y,
et al , as well as for remediation and pre ventati ve steps tak en .~
b.
o/f'f"J-0
Re commendation to approve, by motio n, the settlement proposal in Jerry Scott estler
and Pamela J. De von vs. City of Englew ood, Wallace Luk owski , Susan Luk ows ki , et al.·
Arapahoe County District Court Case o. 99CV1984. Approved at Englewoo d Water
and Sewer Board meeting October 9, 2001 ~
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Adjournment. Cj: ?J;; P.11 ,
The fo ll owi ng m inutes were transmitted to Ci ty Council between September 28 and October 11 ,
2001 :
Englew ood H o using Auth o ri ty meeting of Au gust 1, 2001
Englewood Cultural Arts Commission meetin g of September 5, 200 1
Englewood Liquor Li ce nsing Authority meeting of September 5, 2001
Engle wood Parks and Rec reation meeting of September 13, 20 0 1
Englewood Code Enforcement Advisory Committee meeting o f September 19 , 2001
Englewood Li quor Licensing Authority meeting of October 3, 200 1
Pie-note: If you have a diNbility and -.I auxiliary aicls or semen, please notify the Caty of Englewood
(303-762·240S) at leat 48 houn in advance of when ~ are needed. Th.ink you .
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ENGLEWOOD CITY CO U~CIL
ENGLEWOOD. AR\PAHOE CO UN TY. COLORADO
C all to Order
Regular Session
October 1. 200 I
Th e regular me etin g o f the En glewood C ll) Coun c il was call ed to orde r by :Vlayo r Bums at 7:30 pm.
2. In,•oution
The invocati on \\'3 given by Ma yo r Bums
3. Pledge of Allegiance
The Pledge of Alle giance was le d b y M ayor Bu ms .
-1 . Roll C all
Pre se nt :
Ab se nt :
A quo rum "a present .
Also Present:
Council \!embe rs Garren . Brad ha w, \\'olos~11 . Yu rclu k. Bum,
Coun c il \!ember '.\labh ol z, G razuh s
C ,ry '.\1ana ge r Sea rs
C iry Anomey Brotzma n
De pury C1ty C lerk Ca stle
Deputy C1ry C le rk While
D irec to r Fo nda. L'ti h u e s De parttnent
Golf O pera ti ons Manage r S pada
Seni o r Manager Dannem11l cr, Commumry Develo pment
Directo r Gryglewi cz . Finan ce and Adrrum stra m ·c Se rv ices
Directo r Black. Park s and Rec re atio n
5. (a ) CO UNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO
APPROVE THE MIN UTES OF THE REGUAR CITY COl'~CIL I\IEETI~G OF
SEPTEMBER 17 ,2001.
Ayes :
Nays :
Abstain :
Absent :
The mo tion carried.
6 . Scheduled Vlsiton
Coun c il Memb ers Garren . Bradshaw, Yurc h1 c k, Bums
No ne
Coun ci l Memb e r Wolosyn
Counc il Me mbe rs Na bholz, G razuli s
(a) Littleton School Board Member Diana Holland discussed Developmental Path ways ·
Sa
"Clff1)&ip to Help ." She c:anr seeking Council's suppon for a propeny tax to benefit people with mental
mardation. Families who arc very committed to keeping their son or daughter at ho me are strugg ling a
great deal, she said. They arc aging and not able to care for them, since many need help wi th toil etin g,
feedia& or beina carried and lifted. Many of these aging families now need servic es, and cannot ge t them
because oflcnathy waifina lilts. Tonight, we have come to you to tell you how the mill levy wo uld work
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Engle"ood City Coun ci l
October I. 200 I
Pa ge 2
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and how much it wou ld cost. John '.\1eeker . Executive Director of Developmental Pathwa ys . is here to
share that information, she sa id .
John Meeker stated that he wo uld try to run through the overh ead prese ntation quickl y. He advised that
Counc il would see a few drawings here, and they are important . They are done by a wo man named '.\iartha
Perske . who is known mt emat1onall y bec ause o f he r extraordmary ab1ltty to capture the mdinduality and
humani ty of peopl e with d1 sa bilui es . Frequentl y. "hen we see people \\i th disab1ltt1e s. we see the
disabilities fir st, and not the person, he said. but she ha s done a ma rve lo us job o f caprunng their humanity.
Mental retardati on is a life long conditi on. with an IQ below seve nty . acqu ired dunng the de vel o pmental
years. birth through twenty-one . The more co mmon dungs you have heard oimclud e C P . Do\\11
Syndrome. and aut is m. Often II is ac co mpanied by se nous ph ys ical disabilities that impair fun c tt o ns, ltke
talk ing. eating, walking , loiletmg , and their care ca n be very intense . In 1963. he ad vised , Co lo rado
authorized the allocatlon of sta te and federal funds through a multi-coun ty ba sed sys tem of local. no n-
profit, commun ity-centered boards . In th at law. 1t allows a co un ty to ass e ss a pro perty lax not 10 exceed
one mill for supporti ng people wuh mental retardation . Arapahoe and Douglas countie s are currentl y the
onl y metro area cou ntie s ,.,thout any null levy dedi ca ted to this purpose . Currentl y, due to rap id
populatt on growth m these count1 c . uppon fo r persons wnh mental reta rd ation ha s fallen far belo" needs .
We have e lderl y parent s mcrea mgl} unable to c are for thei r adult children. and dea ling wnh al armmgly
rapidl y nsing costs. This I partt cularl y evide nt m th e area of bei ng able to co mpete for emp loyees . '.\I r.
Meeker said hi s orgamzatton ha s more than a 1xty percent turnover rate . and almost all of the pe opl e "ho
leave sa y that one of their three top reasons for lea vm g is the y si mpl y can not earn enough to support
themsel ves or a fam i ly. The tale ha, long re ognt zed the funding c risis. but th ey hav e no l been able 10 do
an yt hin g about it . ba 1call y bec ause of the TA BO R li mits . We feel thi s initiattve 1s ,-cry mu ch 111 tu ne" 1th
TABOR. he said. "hich will be explained lat er. He said he would not go through all the fi gures on the
tabl e. which he was showing on th e creen. but the ke y figure to look at 1s the rrudd le box. people waning
for help . We have over 1.000 peo pl e in Arapahoe Coun ty and nearl y ~00 in Douglas Coun ty, and the \J5t
majority of th ese are fam1ltes \\Ith d 11ldre n. Many have very youn g children. for wh om help 111 the earl~
de ve lopmental year 1s ab o lutel y p ivotal. he advi sed . With the fund s from the one null le,·y. \\e are
hoping to do se ,·eral things . The fir st o ne reall y emphasizes the fundamental purpo e of th 1s campaign . and
that is to hel p farrulte s to stay toge ther and keep their children in the home Out of home pla ement are
not onl y very expen l\·e . but they are al so not good for the kids or the adu lts . '.\l o t of the adult;, \\hom "e
serve want to work . so we he lp them find jobs . We pro vide extensive se ni or daycare , "uh (he site that
serve both th e re gular se ni or population and people with developmental di sab1ht1e a \\ell Aga111. the
purpo se of that service. to a large extent . is so that famil y members can continue to care for their eld~rly
and aging famil y members at home . he said . The infants and toddlers waiting lt st 1s hu ge. and tt 1
important that we have the existing network. Pathways is a Community Centered Board thro ugh "h1ch th e
funds flow , but we contract "ith more than forty other agencies and more than 100 independent
contra ctors, he said , so we are by no means the provider that provides all the e rv ices , "e are s1mpl) the
vehicle . Regarding s pecifi c uses of funds . number one . of course. is for pe rsons on the \\a1 ting ltsts . We
reall y need to deal with that and the waitin g lists are huge . It is important to menti on tha t, because of
TABOR li nut s, th e state si mpl y is not able to fund it. We also feel that th1 approa ch 1s very co ns is tent
with TABOR. because T ABOR was designed to limit the authori ty of th e le g1s la ru re to approprtate funds
and require them to rum to the voters when there was a need , and that is exactly what we are doin g in th is
case, he said. The next three areas are , basically, infrasrrucrure issues , such as recruitment and retenti on of
staff. Our people need housing and we need to have more assisted living options. Affordable housing is
very difficult for our people to find , he said, and people with mental retardation do not drive , so as s isted
transportation is very essential to their being able to participate in the community and to hold jobs. We
need a property tax now because the needs of county residents are going to continue to outpace state and
federal resources, particularly in our two counties, which have seen such remarkable growth . We know
from dealing with our families every day that they want to keep their aging children or siblings 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 finn. 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 1s a proven system. and one of the things that has encoura ged the
comrru ss ioners in supponmg this 1s that the y have a vehicle that can effecruate the c hange that could come
about with th e mill levy. Here is one family 's story. he said. A severe gene ti c condition with no symptoms
until three child ren were born . all of w hom are now m their l"\,ent1es and thin,es and require total care.
24, 7. The parents were determined to keep these kids at home . although most kids like this were . at thJt
time , placed in inst1rut1on s . In -home supports are pro vided o the parents can work and maintain a strong .
loving fanuly . and the cos t of those services fo r all three 1s about S6 3.000 .00 a year. If they were m one o f
our group homes, he ad, 1 ed. and we do have group homes fo r kids with this serious need. th e cost woul d
be S26-i .000.00 a year If the y were m one of the state regional centers. the cost would be S4-l2.000 .00 a
year. so it gives yo u an idea for th e econonuc basis for wanting to keep people at home . A \'ast maion ty of
our fanuhes may be able to re ce1\'e only a few thousand dollars a year in services . This is an exceptional
case. obviously. with three totall y d1 abled md1vidual s . The annual cost to property owners is mode st. he
assened, less than S25 00 on a S2 ·o.OOO 00 home . The analogy we give 1s , 1f you can go out for dinner on
$20.00, u ,s about s k1pp111 g one dinn e r that you would go out for , and It is a very modest cost and J
reasonable thmg to a k taxp ayer to do. given the mcred1ble benefit that will come from 11. Acc ountabil ity
1s critical. he aid . We have o,·ers ,ght by the county comrruss1oners and we have a grant in Arapahoe
County. We alread y ha,e deta1l dd budgets and repomng that we have to do to the county. Obvious ly. "e
are non-profit agenc1e . he said, and "e ha,e volunteer board members . Man y of our board members arc
parents , so the y hold us to a ,cry hi g h tandard. in terms of making sure th e money is used effectl\ely. \\·e
have the annual state audit tha1 wa ; mentioned earlier. and \\C also have program audits by the De pa nment
of Human en ,ce and b ) Med, a,d. fo re, el) mgle sen·1ce that we do. he exp lamed . Final!~, fa nu he s
and guardians are the o ne "ho ho ld us trui )' ac countabk . This can all be done witho ut the creati on or
expansion ofan> go,emmentJI agcn y. "h1ch "e feel 1s an 1mponant feature of our approach. he said \\·e
ha ,·e. m Arapah oe and Doug la s Countie s. the net\\ork of ,:ompetent serYice agencie s that can mak e th,
happen . Ta~ mo111e colle c ted ,n Arapahoe County are used onl y for Arapahoe County re sid ents . anJ he
same thrn g for Douglas ount y. \\'e are very, very careful about that. in terms of our acc ountmg fo r fu nds
Th, , ho" yo u can help One o f the reaso ns we came here tomght 1s that you has e all received our
opuuon leader · pa cke t You are people who are likely to be asked about this. he sa id , becau e o the
po s 1t1on you are m. In add1t1on to your vote. which we hope yo u will grant us . we \\ant you to shar e th e
iss ue \\Ith your friends and neighbors . If you have groups that yo u think we could go be fo re, and mak e th ,s
pre sentati o n. "e wo uld lo,e to hear about them, he said. \\'e are gomg to have a big e vent o n an,rda~. a
yard 1gn e ,ent. 111 deKoevend Park. We \\ill be distributing over a thou and yard ,gns and \\C '"II ha ,c a
lo t o o ur fanuhes ,:o me. and ,w hope to get some media attention . It should be a lot of fun . and \\C "o ulJ
hk e to m, 11c }OU all to come to that , he said . You should receive a post card on It. but. m case yo u do n 't. 11
"'II be at deKoevend Park at 10 :00 a.m. This is an excellent opponumty to get a sense of who we are and
"hat we do. becau ewe will have a lot of families there . The election, as you know, 1s on No \'embe r 6"'
and will be a ma1l -111 ballot . That complicates the campaign a linle bit . because mstead oftargetmg
Ele ction Da y, you haw a month-long period to try and figure o ut how to communicate \\i th pe ople . but we
have been work mg vel)' hard o n it . The success of this campaign will depend on ho w well we do m th e
grass roots . It is a grass roots campaign. and we have to get people out there Wlth yard s igns , talk111g to
neighbors . and making telephone calls . We feel it is an incredibly ,mponant step for our county to take , in
terms of both addressing the waiting hst that we have, and addressing issues of quality of sen ice s, he said .
Turnover is a huge issue, he emphasized . If you are a fanuly who has a mentally retarded c hild ma
program, and the staff ,s constantly ruming over, that is VCI)' diflicult for that individual to deal with .
Continuity is imponant in their Ii Yes, so one of the things we hope to do is simp ly 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 lik e
to be able to fill our positions with people who have some qualifications and are interested. He asked ,f
Council had any questions.
Council Member Bradshaw asked Mr. Meeker if he had said Arapahoe and Douglas Counties arc the only
counties that do not have this . Mr. Meeker said yes , the only counties without a mill levy . Ms . Bradshaw
asked him if he knew the history on that, although it does not maner, 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 definitel y reached that
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point. We actua ll y rea ched that point a couple of yea rs ago , but making the decision to actually rry to do a
campaign is difficult . It used to be that yo u could go to the county commissioners. which 1s how 1t
happened in the other counties . If you could co nvince three commiss ioners, the y could give yo u the null
le vy . But now, it requires a direct election.
Mayor Bums thanked them for coming and wished them good luck .
7. Unscheduled Visitors
(a) Cindy Scon, 3063 So uth Fox Street. expressed appreciation for being able to addres s
Coun cil again . She said she wo uld like to talk about dogs and ca ts, although she realized they ha"e alread y
heard a great deal of public input on this issue , so she would rry to be brief and not repeat herse lf. he
asked Coun cil to think carefull y about how the y vote on the council bills that are coming up . She urg ed
adoption of Council Bill No . 37, amending the number of animals allowed ma household . One of the
reasons she returned, she said, 1s that Denver and Linleton both permit three dogs per househo ld . and her
impression is that this is basically the nonn. For a great many people , dogs are si mpl y a pan of the fanul y.
and making a choice between the dogs ,s truly unacceptable . She assened that. 1f she were m a po 1t1on of
movmg to Englewood, and was aware of the regulauon. because she felt mo st people make the as sumpti on
that it is three , then she would not mo\'e he re . There was a shon period. she said. when she had three dog s.
because her mother was not able to ca re for her dog anymore , so she had no c hoice but to take in her dog .
Th ere are a lot of reasons tha t yo u can end up w1th extra dogs . Veterinary ca re 1s much better than 1t used
to be. he said . Dogs used to ha\'e a hfe pan of e ight to ten years, and when the y got old. you put them to
sleep . That I not true an~more . and th ey may be ge riatric for three to fi\'e ye ars. she said. In that time , a
lot of people are going to want to replace the dog . :vi s. Scon said she 1s inrnl\'ed m organized dog actl\·1t1es
about three tunes a "eek. 1t 1s a big pan of her hfe . When a dog gets old, and 1s not able to go out. it 1s not
acceptable to dispose of the dog . but m order to cont mue my way of hfe , I would replace the dog . she ,aid.
She said he does ag1hty. "h1 ch all dogs are not suued for. There are a lot ofrea ons , she repeated. that
yo u mi ght end up \\Ith extra do gs The . may be callmg up a lot of people to go O\'erseas m the nulita ry.
and peo ple ha,e pets and '"ll be lookmg for people to take m their pets . It is not ser\'tng the pubhc . she
opme I. to make th o e kmd s of a ti\ ,ues illegal. he said she \'Olunteers at the Dumb Fnends Lea gue. ha
worked o n the beha, tor help !me , and 1s teaclung obedie nce out there now. so she knows there are a lot of
problems A lot of sad stones co me through there . a do a lot of good stones . The technology of dog
tram mg and correcung beha, ,or problems 1 "ay beyond what 1t wa s before . The trend is that dogs are
more and more a pan of the fanuly . so. he said. she would hate to see Counci l adopt an ordinance hke this
that really goes back to the 1960's and 1s overly restncuve . Also , she said she would like to go back to th e
leash law . She sa id she agrees that the leash law needs to be re vised. Reasonable control really does not
give the City enough authority to correct th e problem behaviors . The way it is worded m thi s bill goes ba ck
to the !960's. It is standard wording . but she dtd not feel 1l is adequate . She sugges ted that Council adopt a
leash law that includes a pro\'l s1on for voice and sight control , and spe cify what \'Oice and sight control
means . Sight control mean s they are al"ays w1thm yo ur sight, and voice control means they come
prompTty'When you call them and don 't c ha se wildlife . They do not go up to other people wnhout
pcnn1ss1on, the y can sit do\\11 or tay at a di st ance . and they are attentl\'e to the owner/handler at all ume s .
This 1s very specific and very hard to meet . she allowed . Admittedl y. most dogs, and mo st people . do not
have any business being off leash m most places, she said, but she felt that a regulation hke this would be
more enforceable, make more sense to people and also gives the leeway of dealing with si tuations where 1t
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 play ball . Dog s can not play ball on leash
and not everybody has a yard where they can exercise them, and Ms . Scott did not feel it would se rve the
public good to prohibi t that kind of activity. She said the Dumb Friends League has the behavior help line ,
which was voted the best free service. and gives excellent service in correc ting behavior problems. They
also have a website and handouts.
Mayor Burns advised that Ms . Scon was getting close to her time limit.
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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 the y were not willing to enforce . She hoped there would be no pet Gestapo out there
that would go around knocking on doors .
Mayor Burns said no , we are not going to be the pet police. He thanked Ms. Scott and expressed
appreciation for her interest.
Ma yor Burns asked if an yone 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, 2001 as National Fire
Prevention Week was considered .
COUNCIL MEMBER BRADSHAW !\10VED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION DECLARING THE WEEK OF OCTOBER 7 THROt:GH 13 , 2001 AS
NATIONAL FIRE PREVENTION WEEK.
Ayes:
Na ys :
Absent :
The mot io n earned.
Council Members Garrett. Bradshaw. Wolosyn, Yurchick. Burns
None
Council Members Nabholz. Grazulis
Mayor Burns said there were people present to accept the proclamation and he would like 10 recognize
them. We do a lot of prevention in our fire department. as well as suppression, and our fire deparrment
personnel are 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 Burns asked the
firefighters to come forward to accept the proclamation.
Battalion Chief Brian Bruns came forward with firefighters Larry Nylander, Ed Lebeau, Mark Jacobson ,
Andy Fox and Sean 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 Hearing
Council Members Garrett , Bradshaw. Wolosyn , Yurch1 ck , Burns
None
Council Members Nabholz, Grazulis
No public hearings were scheduled.
IO . Consent Agenda
COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (a) (I), (ii), (111), 10 (b) (I), AND 10 (c:) (I) AND (ii).
(a) Approval of Ordinances on First Reading
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(i ) COU1'CIL BILL NO . 61. INTROD UCED BY COUNCIL MEMBER
GARRETT
A BILL FOR AN ORDINAl':CE AMENDING TITLE I, CHAPTER 7, SECTION 2; TITLE I , CHAPTER
7A. SECTIO . 'S 14 Al'o.1) 15 . OF THE E:S:GLEWOOD ML'NICIPAL CODE 2000 PERTAINING TO
JURISDICTION. POWER .
(it) CO . 'CIL BILL NO . 63. INTRODUCED BY COUNCIL MEMBER
GARRETT
A BILL FOR A . ORDINANCE APPROVT1'iG AN ENCROACHMENT PERMIT AND INDEMNITY
AGREEMENT PERTAINING TO A RETAn-f.'JG WALL AND FENCE IN THE PUBLIC RIGHT-OF -
WA Y.
{iii ) COt,1'CIL BILL NO . 64 , INTRODl!CED BY COUNCIL MEMBER
GARRETT
A BILL FOR A 'ORDINANCE AUTHORIZING A'.'/ INTERGOVERNMENTAL AGREn·tE:,..'T
''TRANSFERS OF WATER SERVICE " FOR TRANSFERS OF WATER SERVI CE BETW EE :'\ TH E
DENVER BOARD OF WATER COM:'v11SSIO ERS A 'D THE CITY OF E:S:GLE\\'OO D.
COLORADO.
(b) Approval of Ordinances on Second Reading
(i} ORDINANCE NO . 55 . SERIES OF 2001 (COUNCIL BILL :s;o . 60,
INTRODUCED BY COUNCIL MEMBER BRADSHAW)
AN ORDINANCE AUTHORIZING A THIRD AMENDMENT TO AN AGREEME:-.IT FOR
CITY CENTER ENGLEWOOD BETWEE . THE CITY OF E:,.iGLEWOOD AND RTD .
(c) Re solutions and Motions
(i ) RESOL TION NO . 69 . SERIES OF 2001
A RESOLUTION APPROVING THE SUBDIVISION OF PROPERTY LOCATED AT 3296 SO UTH
ZUN I STREET FOR THE MGM SUBDIVISION .
{ii ) CONSTRUCTION SERVICES CONTRACT FOR NITRIFYING TRJ CKLl)J G
FILTER MEDIA REMOVAL AND REPLACEME NT WITH CLEA , WATER CONTRA CT ING IN TH E
AMOliNT OF $64 ,512 .00 .
Vote results:
Ayes :
Nays :
Absent:
The motion carried.
I I. Rqular A&enda
Council Members Garren, Bradshaw, Wolosyn , Yurch1 ck, Burns
None
Council Members Nabholz, Grazulis
(a) Approval of Ordinances on First Reading
(i) Director Fonda presented a recommendation from the City Anomey lo adopt a
bill for an ordinance tenninating the Radio Tower Property Lease with ABC , Incorporated, which can no
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longer be accommodated as a result of the Phase 2 Expansion of the Linletorv'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. In . and they were delighted that the y had as
much time as was in the lease, and that we s1.1ned t.1lkmg to them earl y. They are now actively seek.mg
another location, he said. We need to pass this ordinance to give them norice so that the clock will
officially stan ticking , and we will be able to take po se s1o n a bout the tune that we \\Ou!d be going 10
construction .
COUNCIL BILL NO . 66, INTRODUCED BY COU!'-CIL ME\1BER BRADSHAW
A BILL FOR AN ORDINANCE A UTHORJZfNG THE TER,\1NA TION OF A LEASE AGREEME'.\iT
BETWEEN RADIO VENTURES (KQXI) AND THE C ITY OF ENGLEWOOD AND THE CITY OF LITTLETON.
COUNCIL I\IE'.\1BER BR.\DSHAW MOVED TO APPRO\'E AGE:\'DA ITDI 11 (a) (i).
Council Member Yurc hick asked if they were going 10 stay in the area . or probably leave .
Director Fonda said they would probably sta y in the area , but mus t fmd some other property. The ir
underground antennas are so large that it would di srupt our new clarifier, he sa id .
Mr. Yurch1 c k said the reason he asked was that they bleed into the ph one systems . Coun c il Membe r
Bradshaw agreed . It 1s all m District One and people with cordless phones in that di stric t ha,·e trou b le becaus e of that.
Counc il Member Bradshaw said she wanted to make a point of order. She asked 1f uems should be on th e
table before discussion. Mayor Bums responded affirmativel y.
COUNCIL MEMBER GARRETT SECONDED THE '.\-IOTIO~.
Ma yor Bums asked if there was any other discussion . there wa none and then he as ked for the vote .
\'ore resulrs:
Ayes :
Nays : Council '.\1embers Garren, Brad haw. Wolos}n . Yurchick, Bums
one
Absent :
The motion carried. Council Members Nabholz, Grazulis
(b) Approval of Ordinances on Second Reading
(i) Council Bill No . 59 . authoriz ing a C ity Ditch License Agreement with T C I
Cablevision of Georgi a/AT&T Broadband was considered .
ORDl'.'JANCE NO . 56, SERJES OF 2001 (COUNCIL BILL 0 . 59. INTRODUCED BY COL'NC IL
ME\IBER BRADSHAW)
A ORDINANCE A UTHORIZING A '"LICENSE AGREEMENT' FOR CONDUIT FOR
UNDERGROUND CABLE ACROSS THE CITY DITCH RlGHT-OF-W A Y TO AT&T BROADBA, D .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (b) (1)-0RDINANCE NO. S6, SERIES OF 2001 .
Ayes : Council Members Bradshaw, Wolosyn, Yurch1ck, Bums
Nays : None
Abstain: Council Member Garren
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Absent:
The motion carried.
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Council Members Nabholz, Grazulis
City Anomey Brotzman advised that an affirmative vote of Council is all that is requ ired. which we have
with four a ye votes. Council Member Garren stayed at the table. so that gave us our quorum of fi ve. he
said.
(c) Reso lut io ns a nd Motions
(i) Golf Operations Manager Spada presented a recommendation from the
Department of Parks and Recreation to adopt a resolution amending the existing Restaurant Contra ct with
the Englewood Golf Course C oncessionaire, Re if Golf. Mr. Spada said the amendment in vol\'es c hangmg
the rent from $3 6.000.00 per year. or ten percent of the gross. whi c heve r 1s greater. to ~ig ht per em of the
gross. with a minimum of$30,000.00 per year pa;ment in rent. Stall feels that Reif Golf has done a
tremendous job in prov iding guest services and increasing the menu. They ha,·e increa ed the lunch c ro\\d.
increased revenues and have done a nice job decorating the re staurant. We are real happy with \\hat the)
have done. he said. and are hoping Co unc il will consi der amending th e co ntract.
The resolu11on was as igned a number and read by title :
RESOLL'TIO:-; :-;o . 70, ERI E OF 200 1
A RE OLL'TIO'.\'. A PPRO\'T:\G A:,.; ADDE'.\l)l,Yl TO THE GOLF COL'R SE RE T.AL'lv\:-;T
CONCE 10:S:A IRE A REE~tE:-;T BETWEE:-,.i THE C ITY O F E:-;GLEW OOD A:-D REIF GOLF
E:-,.iTE RPRI E , f.'\
COUNCIL MEMBER BRADSHAW :\10\'ED. AND IT WAS SECO~DED. TO APPROVE
AGE~DA ITEM 11 (c) (i) -RESOLl'.TIO~ ~0. 70. SERIES OF 2001.
Ma r or Bums re ailed d1 cu mg this at rud y es 10n \\1th Dire tor Bla c k not 100 lo ng ago. abou t th~
p roJe ted increase m ale and the very accepta ble JOb tha t Re1fGolf1s do mg with tl11s contra ct. W1th that .
he said, he \\Ould be inclined to ,·o te in favor
Counc il Member W o lo )11 said \\Chad a. ked them to o n sider a mm1murrt and they did .
Vote results:
A yes :
Nays :
Absent .
The mo ti o n carried.
Council Members Garren. Bradsha w, Wolos)'ll, Yurc h ic k. Bums
None
Co unc il Members Nabholz, Grazulis
(ii ) Senior Manager Dannemiller presented a recornn1endation from th e Community
De velopment Department to adopt a resolution approving Historic Property De signati o n fo r 273 4 So uth
Acoma Street. All of the information on the application is included in Co uncil's packets, she said. and
there was a public hearing held on August 21 , 200 I . 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 arrs
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 hi s 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 the y can j ust pick up later, she
said.
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Mayor Bums asked if there are other homes in this category. Ms . Dannemiller said this is the first pn\'ate
home that will be on the Englewood register. There are a number of homes in the Englewood ar ea that
reflect the arts and crafts style. she said. This one is probably not extremely unusual m rhe realm of home s
that we ha,·e in the arts and crafts sty le , but II does meet the criteria for h1 stonc property designatio n.
Council '.\,!ember Bradshaw not iced m the article on the back that there was another such home ar 2 75
South Delaware too .
Ms . Dannemiller responded that there was another application submined by the same applicant for a rental
property they had , but that one was not recommended and so we have not brought that one fon,ard. There
needs to be additional work on that property before it will meet the criteria.
Council Member Bradshaw said good job.
The resolution was assigned a number and read by title :
RESOLUTIO '.'JO . 7 1. SERJES OF 2001
A RESOLUTION DESIGNATING THE 2734 SOUTH ACO'.'v!A STREET AS A:--HI T RJ
PROPERTY IN THE CITY OF ENGLEWOOD , COLORADO.
COt;NC[L MEMBER BRADSHAW \IOVED. A.'10 IT WAS SECO~DED. TO APPROVE
AGE~DA ITEM 11 (c) (ii)-RESOLt;TIO~ ~O. 71. SERIES OF 2001.
Ayes : Counci l '.\,!embers Garren, Brad shaw . Wol os)n. Yu r hi ck. Bums
Nays : None
Absent : Co un ci l Members :S:abh o lz. Graz uh s
The motion camed.
(ii i) Dire ctor Grygle\\1cz pre sented a recommendation from rhe Deparnne111 of
Finan ce and Admm1strat1,·e Sen·1ces to adopt a resoluuon rra nsfemng and appropriating fund s fo r 1he
City 's pomon of the demolition. environmental remed iation. and s ite preparation of the former City Hall
site . This 1s a resolution transferring $200,000 .00 from the City's General Fund to the Englewood
Environmental Foundation 10 do the environmental remed1a11on . he said. and site preparation of th e old
City Hall s ite . When this property 1s prepared fo r sale. he advised. it could possi bl y net the City SI million.
which could be used by the City for other projects .
Mayor Bums said this 1s tM Elatt Street property that we are talking about , which we talked about bnefly
in Study Sess ion and we met toni ght "1th a committee on it . From our discussion toni ght . also. as far as
development ofth1s s ue , II 1s mu c h more amacm·e 1fthe bu1ldmg is taken down . It 1s po s1bk ro ge t more
mrere st m the site 1f II 1s prepared for development. he sa id , rather than ha\'lng a bu1ldmg s tanding on it. Ir
is a constructive thmg 10 do . m my opm1on. he said .
The re solution was as 1gned a number and read by mle :
RESOL 'TION NO . 72. SERJES OF 2001
A RESOLUT ION FOR THE APPROPRJATION AND TRANSFER OF FUNDS TO THE ENGLEWOOD
ENVIRONMENT AL FO UN DATION (EEF) FOR THE DEMOLITION, ENVIRONMENT AL
REMEDlA TION AND SITE PREPARATION OF THE FORMER CITY HALL SITE .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (Iii)-RESOLUTION NO. 72, SERIES OF 2001.
Vote results:
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Ayes :
Nays:
Abse nt :
The mouon carried.
12 . General Discussion
(a ) Mayor's Cho ice
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Council Members Garren, Bradshaw, Wolosyn, Yurchick. Burns
None
Council Members Nabholz , Grazulis
(i) Mayor Burns thanked City Manager Sears and the staff for the work done for th e
budget conference on Saturday. It was a lot of effort and very well done, he said.
(ii ) Mayo r Bums d istributed a memo re garding the expenses the C ity wo uld ha,·e to
cover fo r the Urban land lnsutute Conference that he would be going to tomorrow. It in cl ud es the mea ls.
one ni ght 's lodging and th e taxi and shunle. The re gistration is paid fo r, he advised, the othe r three-ni ght s·
lodging is paid for , and the a irfare is paid for. He said he was invited to go to tlu s by W ilh am Hudnut. the
former ma yor of Indianapoli s, who is a senior fell ow at Ull and had come to o ur de ve lopment he re in th e
spring and wa s quite enamo red with it . He wrote a lener to me severa l week s ag o in viting me to come as a
gue st of Ull to go to this conference . I will be se rving on a panel on Brownfie ld s on Wednesda y. he sa id .
and affordable housin g. Mayor Bums said he would be ta kin g th e Po werP oi nl prese nt a ti on and text for the
prese ntatio n that he ha s giv en be fo re on th is deve lo pment, th inking that perhaps he wou ld ha ve an
opportunity to show that. It is reall y wha t he go t exc ned about. he sa id . and I wo ul d certain ly like for th ose
fo lks 10 see what we are doing here . Director Simpson 1s a lso go in g, so we will be networking and
co vering this together, and it should be a pretry exc mng eve nt. The e are the it ems th e y do not cover. he
sa id . He a sked for Council's approval for $9 50 .00 in ex penses .
COUNCIL MEMBER WOLOSY'.'1 MOVED. A'.'ID IT WAS SECONDED, TO APPROVE S9SO.OO
TO COVER THE DIFFERENCE IN MAYOR BUR.""s· EXPENSES FOR THE ULI
CONFERENCE TRIP.
Counc il :'vlember Wolos~11 commented that it is good visibili ty for Englewood , since we d id get that award
abo ut Brow11Jields .
Ma yor Burns asked Senio r Planner Dannemiller how Darren Hollingsworth did in Chicago . Ms .
Danncmillcr responded the Mr. Hollingsworth said it was very beneficial and she received se veral good
reports on hi s presentation at the EPA Brownlie Ids Conference. Mayor Burns recalled that the EPA came
down and ga ve some awards to staff members Darren Hollingswo rth. Bob Simpson and Mark Graham. and
was effusi ve in his praise of Englewood on the use of Brownfields. so we are bec oming reall y well known
for our innovati ve use of those funds .
Vote results:
Ayes :
Nays :
Abse nt :
The motion carried.
Counci l Me mbe rs Garren, Brads haw, Wo losyn, Yurchic k. Burns
None
Council Members Nabholz, Grazulis
(b) Council Members' Choice
( i) Council Member Garrett advised that the Recreation Cmtcr opened this morning
after its week off. At about fi ve minutes to six there was a whole group of us who were a linle 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 1, 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 this
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 conunittce and the group would be meeting at the Malley Senior Center
between 8 :30 a .m. and 8 :45 a.m. Saturday morning.
13 . City Manaccr'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) Ciry Manager Scars noted that he received a telephone call from the Sacramento Merro
Chamber. They will be having forty members come from Sacramento, California to take a look at our
CttyCcntcr project on October 1811>. Also, they will be looking at some of the tlungs in Denver. but he
wanted to call us particularly, because of what has been happening on this 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 wa y to see what we are doing here .
14 . City Attorney's Report
C,ry 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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Western Arapahoe County Homeless Alliance -WACHA
House of Hope. A Residential Family Resource Center -HOH
Oct .14
Dec . 22
April 30
Dec .4
WACHA HOLDS "FACE IT" SUMMIT ON HOMELESSNESS IN WESTERN
ARAPHAOE COUNTY
SAMARITAN EMERGENCY FAMILY SHELTER OPENS AT FT . LOGAN
SAMARITAN EMERGENCY FAMILY SHELTER CLOSES AT FT . LOGAN
ARAPAHOE HOUSE AUTHORIZES WA CHA TO REQUEST VARIANCE FOR
PROPERTY AT 3301 S . GRANT Sl REET
Dec . 6 NEIGHBORHOOO MEETING HELD ON PROPOSED RE SIDENTIAL FAMILY
RESOURCE CENTER
Dec . 8 CITY OF ENGLEWOOD . BOAR D OF ADJUSTMENT VARIANCE HEARING
AND PLANNNING & ZONING COMMISSION CONDITIONAL USE HEARING ------
J,11. 4 CITY OF ENGLEWOOD, PLANNIN G & ZONING CONDITIONAL USE APPR OV A
Jon .12 CITY OF ENGLEWOOD . BOAR D OF ADJU STMEN T VARIANCE APPROVAL
Feb . 10 WACHA REGISTERED AS A COLORADO NON-PROFIT CORPORATION
June 28 HOH PROGRAM FUNDING PROPOSAL SUBMITTED TO ARAPAHOE COUNTY
COMMISSIONERS
July 19 HOH PROGRAM FUNDING APPR OVED BY ARAPAHOF COUNTY
July 28 FEDERAL TAX EXEMPTION 501 (C)(3) GRANTED TO WACHA
Dec . 1 FAMILY TREE. INC. CONTRACTED TO OPEN AND OPERATE HOH
Dec . 22 ARAPAHOE HOUSE LEASE AGREEMENT FOR HOH
Jon. 2 COLLABORATIVE PARTNERSHIP FORMED BETWEEN WACHA , FAMILY TREE . INC . AND
UNITED WAY FOR HOH PROGRAM
Jon. 2 UNITE D WAY PROVIDES FUNDING FOR HOH PROGRAM
Jon 29 HOH TRADE NAME REGISTERED WITH SECRETARY OF STATE
Feb 6
Feb . 20
Feb . 23
Feb . 23
Morch 9
April 20
April 20
June II
DEDICATION CEREMONY HELD AT HOH
ARAPHAOE COUNTY CDBG FUNDING AWARDED FOR STAFFING AT HOH
CITY OF ENGLEWOOD CDBG FUNDING AWARDED FOR SPRINKLER SYSTE M AT HOH
ENGLEWOOD HOUSING AUTHORITY AGREES TO PROVIDE HOH MAINTENANCE SERVICE S
CITY OF ENGLEWOOD SUBMITS ENTERPRISE ZONE PROPOSAL FOR HOH
CONTRIBUTION PROJECT
DoLA , ECONOMIC DEVELOPMENT COMMISSION APPROVES CITY OF
ENGLEWOOD ENTERPRISE ZONE PROPOSAL FOR HOH
CONTRACT BETWf:EN CITY Of ENGLEWOOO AND WA CH A TO ADMINISTE R DONA ITONS
TO HOH
WACHA OFFERS TO PURCAHSE PROPERTY AT 3301 S . GRANT STREET
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CORRECTION
FEi /CFC 'L \ E::J -., . ss:.;pc ~::. 1,EJLITY ,..1 '. -
ITS li'v 1,..1 G£ ,J..?P_...1FS 1,\ J !::1...1-=-! hEF ,-,riE.::;,
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Western Arapahoe County Homeless Alliance -WACHA
House -of Hope. A Residential Family Resource Center -HOH
Oct .14
Dec . 22
April 30
Dec 4
Dec . 6
Dec 8
Jan 4
Jan 12
Feb.10
June 28
July 19
July 28
Dec .1
Dec . 22
Jan. 2
Jan 2
Jan 29
Feb . 6
Feb 20
Feb 23
Feb 23
Mar c h 9
Apri l 20
Ap r il 20
June 11
June 30
Au9 . 9
Au9 .14
Au9 . 29
Sept . 4
Sept . 25
Oct . 8
WACHA HOLDS "FACE IT" SUMMIT ON HOMEU:SSNl:SS IN WESTERN
ARAPHAOE COUNTY
SAMARITAN EMERGENCY FAMI LY SHELTE R OPEN S AT FT . LOGAN
SAMARITAN EMERGENCY FAMILY SHELTER CLOSES AT FT . LO GAN
ARAPAHOE HOUSE AUTHORIZES WACHA TO REQUEST VARIANCE FOR
PROPERTY AT 3301 S . GRANT STREET
NEIGHBORH OOD MEETING HELD ON PR OPOSE D RE S IDENTIA L FAMILY
RESOURCE CENTER
CITY OF ENGLEWOOD . BOAR D OF ADJUSTMENT VARIANCE HEARING
AN D PLANNNING & ZONING CO MMIS SION CONDITION AL US E HEARIN G
CITY OF ENGLEWOOD. PLAN NING & ZONING CONDITION AL USE APPROVA
CITY OF ENGLEWOOD . BOAR D OF ADJU S TMEN T VARIANCE APPROVAL
WACHA REGISTERED AS A COLOR ADO NON -PROFIT CORPOR ATI ON
HOH PR OGRAM FUNDING PR OPOSAL SUB MITTE D TO ARAPAHOE COUNTY
COM MISSIONERS
HOH PROGRAM FUNDING APP ROVED BY ARAPAH OF COUNTY
FEDERA L TAX EXEMPTION 501(C)(3) GRANTED TO WACHA
FAMILY TREE . INC. CONTRAC TED TO OPEN AND OPERATE HOH
ARAPA HOE HOUSE LEASE AGR EE MENT FOR HOH
COLLABORATIVE PARTNERSHIP FORME D BETWEEN WACHA . FAMILY TREE , INC . AN D
UNITED WAY FOR HOH PR OGR AM
UNITE D WAY PROVI DES FUN DING FOR HOH PROGRAM
HOH TRADE NAME RE GI STERE D WITH SECRETARY OF STATE
DEDICATION CEREMONY HE LD AT HOH
ARAPHA OE COUNlY CDBG FUNDING AWARDED roR STAFFING AT HOH
CITY OF ENGLE WOO D CDBG FUND ING AWARDED FOR SPRINKLE R SYSTE M AT HOH
ENGLEWOOD HOUSING AUTHORITY AGR EES TO PROVIDE HOH MAI NTEN ANCE S E VIC ES
CI TY OF ENGLEWOO D SU BMITS ENTERPRIS E ZON E PROPOSAL FOR HOH
CONTRIBUTION PROJ ECT
DoLA , EC ONOMIC DEVELOPMEN T CO MMI SSION APPROVES CITY Of
ENGLEWOOD ENTERPRISE Z ONE PROP OS AL FOR HOH
CONTRACT BETWEEN CITY OF ENGLEWOOD AN D WA CH A TO ADMINIS TE R DONATI ONS
TO HOH
WACHA OFFE RS TO PURCAHS E PROPERTY AT 3301 S . GRANT STREET
ARAPAHOE COUNTY FUNDING FOR HOH PROGRAM RENEWED
NAHAO (COLORAD O NATIONAL ASSOCIATION OF HOUSING AND RE DVELOP MEN T
OFFICIALS) AWARD TO CITY OF ENGLEWOOD FOR HOH PROJECT
ENGLEWOOD SMALL BUSINESS DEVELOPMENT CORPORATION LOAN TO
WACHA APPROVED FOR SPRINKLER SYSTEM INSTALL ATION
NEIGHBORHOOD TASK FORCE MEETING HELD
PERMIT FEE FOR SPRINKLER SYSTEM INSTALLATION WAIVED BY CITY
Of ENGLEWOOD
WACHA RECEIVES PROPERTY CONTRACT PROPOSAL FROM THE RECOVERY FOUNDA TION
HOH SPRINKLER SYSTEM INSTALLATION COMPLETED
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HOUSE OF HOPE
A FAMILY RESIDENTIAL RESOURCE CENTER
Program Update
October 2001
House of Hope is a collaborative project of the Western Arapahoe County
Homeless Alliance, Family Tree and United Way . The impact of homelessness and
at-risk of homelessness on children and families is significant. Providing families
with a safe living environment is the first step towards a holistic approach to a
family's health and is critical for those families and children who are challenged
with the most basic needs -food, water. shelter. income. safety. education and
employment . The vision for House of Hope is to establish a supportive env ironment
that is structured for success and flexibility for homeless families with ch ildren .
January 2001 through July 2001 Statistics
CJ Since it's opening the House of Hope has been full every night.
CJ There is currently a wait ing list of 25+ fam ilies .
CJ Staffing levels are full . every shift is double covered and a children's
program coordinator has bF.e.r. hired.
:i House of Hope-has provided 2 .950 nights of service.
::i The daily census is 16.3 ind1\•1duals .
:i 30 Families have been served at the House of Hope .
::i 59 Children have stayed at the House of Hope :
o Ages 0-5 #30
o Ages 5-10 #15
o Ages 11-14 #11
o Ages 15-17 #3
::i 5 Families have been asked to leave .
CJ 23 Families have left the House of Hope :
o Shelter #1
o Family #2
o Friends #6
o Motel #3
o Apartment #8
o Transitional #3
Housing Program
CJ The average family stay is 34 days .
CJ 6 Families were not eligible for TANF .
CJ A required fire sprinkler system has been installed and will
increase the program's capacity to house more families .
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CHALLEN6ES
a Publicize and expand House of Hope Enterprise Zone tax credit program .
a Secure funding to repay loan for sprinkler system .
a Negotiate building purchase at 3301 S . Grant Street.
a Secure funding for earnest money, deposit , and building contract.
a Conduct building safety assessment, identify priorities, and budget
requirements.
a Evaluate program management .
CJ Review program model design .
a Collaborate with local agencies regarding family self-sufficiency standards
and services.
a Address "Continuum of Housing" needs for families .
a Continue to advocate for ·attainable" housing .
a Participate in ongoing metro area homeless data collection .
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HOUSING CONTINUUM
BUILDING BLOCKS FOR SUCCESS
a a
NOT HONELESS HOMELESS OR "AT RISK" 'OF HOMELESSNESS --....
SUPPORTIVE SERVICES
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case managemen~ child care, substance abuse, education, job training, language skills, etc.
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MAXIMUM PERSONAL INDEPENDENCE
SELF sumaENT
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Ways You Can Help·
Wish List
play pens
2-drawer tiling cabinet
live plants
I small area rug
plastic mattress liners
I -year laundry service
blankets
food
baby food
hygiene/toiletty items
dental services
eye care and glasses
van
security system
TVNCR
bus tokens
2 large area rugs
diapers
linens
towels
pillows
baby bottles
laundry detergent
dish sets
movie passes
bookshelves
storage shed
baby monitors
fire sprinkler system
commercial washer and dryer
software (licensed): educationaVquick resume
builders
shower cunain rods and curtains
newspaper and magazine subscriptions
industrial-size cooking pots, pans and baking
sheets
outside motion detector lights
gift certificates: Blockbuster, King Soopers,
Target, Wal-Mart
passes : swim , bow~ exercise , movie
Financial contributions
and tu exempt
donations arc needed
and can be made to any
of the collaborative
partners.
Ollr ~nter participata ill a USDA-jilltded Prr,grai
""" is "' equal a,,porrw,,ity -,,loyer.
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Volunteer Opportunities
Kil&hm: Preparing basic meals (Weekdays:
snacks, dinner. Weekends: breakfast, lunch
and dinner). Supervising and assisting
families with meal clean-up, including
proper food storage , dishwashing, cleaning
counters and tables, sweeping and mopping.
Childcare: Supervising children in play-
room, including playing with the children.
reading stories and keeping the playroom
tidy.
Clmcll: Answering phones, taking
messages, checking voice mail , typing ,
faxing, making copies, and filing .
Leamina Center: Tutor adults and their
children to utilize the computers and the
lntcmct.
Handj-person : Basic maintenance and
house repair including plumbing and
electrical.
Donation Coordjnation : Sorting donations .
Bjrthday Coordjnator: Assures recognition
offamily members' birthdays .
Volunteer Family Advocate · Helping
families connect with community resources .
Hair stylist: Cutting and styling hair for
women and their children .
Group Projects: Cleaning, gardening,
decorating, special events, and holiday
celebrations.
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Western Arapahoe County
Homeless Alliance
llorking to de.<i f!'I . dew/op.
implemem a nd access a
broad arraJ of safe and secul'\'
housing alternatil'e fo r
f amilies and childre n
4002 S. Lowell Blvd .
Sheridan. CO 80236
Phone: (303)789-4171
Fax : (303)789-4255
r!}~ I a III i h I n'l'
,~-'~ !'l1 )' ( ',• • (
Helping people be safe. strong and self-reliam.
Family Tree , Inc .
3805 Marshall Street, Suite I 00
Wheat Ridge , CO 80033
Phone : (303) 422-2133
Fax : (303) 422-5707
www.thefamily tree.org
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n. w., c-..... c.n, c-.-,,., c---,,
Mile High United Way
2505 18th Street
Denver, CO 80211
Phone :(303)433-8383
www. unitedwaydenver.o,g
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c 19k \\10od 7lisl orica l Soc iety
CJO E giewood P1..c 1.c Library
1000 Englewood Parltway
Englewood, CO 80 11 0
Paone 303-'83-6956
October 5 , 2001
To : Mayor Bums and EnglewOOd City Council
Re : Renaming the Historical Resource Center
Dear Mayor Bums and City Council Members :
The Board of the Englewood Historical Society met on September
20 , 2001 , and voted to approve the transfer of ownership of the
Englewood Santa Fe Depot to the City of Englewood . It is our
understanding that this transfer will clear our current indebtedness
to the City .
It is our further understanding that the Englewood Historical
Society will be permitted to maintain a continuing presence in the
Depot.
We request that you advise us of your acceptance of this transfer ,
and provide a tentative time schedule .
Sincerely , ...--
; ft~:~ _I'~ ~osemary' L~.7'flf 1,,e,-
_.,... ·-.: 1 -~ i President
Englewood Historical
Society
OCT l 1 2001
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PLEASE PRINT
NAME
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PUBLIC COMMENT ROSTER
AGENDA ITEM 7
UNIICHEDULED Vl8rrGR8
DATE: October 15, 2001
UNSCHEDULED VISITORS MAY SPEAK
FOR A MAXIMUM OF FIVE MINUTES
ADDRESS
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26 September 200 l
Englewood City Council
We the undersigned are Letter Carriers for the Cit of Englewood, Lehigh Station . We would
like to see the City take a tougher stance on pet ownership (panicularly dogs) so that we ma y do
our job of delivering the mail. We have seen an increase in the number of dog bites in recent
years and would like to see that number reduced . Thank you for your time .
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26 September 200 I
Englewood City Council
We the undersigned are Letter Carriers for the City of Englewood, Lehigh Station. We would
like to see the City take a tougher stance on pet ownership (particularly dogs) so that we ma y do
our job of delivering the mail. We have seen an increase in the number of dog bites in recent
years and would like to see that number reduced . Thank you for your time.
SIGNATURE
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DATE
9 · 2 5 ·C ,,
g -21-c r
C ,, r ' .,,..·-f 7 -..r ;-c
7 -c3 9 -o /
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26 September 2001
Englewood City Council
We the undersigned are Letter Carriers for the City of Englewood, Lehigh Station. We would
like to see the City take a tougher stance on pet ownership (particularly dogs) so that we may do
our job of delivering the mail. We have seen an increase in the number of dog bites in recent
years and would like to see that number reduced . Thank you for your tim~.
CJ --2 °l -u I
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26 September 200 I
Englewood City Council
We the undersigned are Letter Carrier-s for the City of Englewood, Lehigh Station. We would
like to see the City take a tougher stance on pet ownership (particularly dogs) so that we may do
our job of delivering the mail. We have seen an increase in the number of dog bites in recent
years and would like to see that number reduced. Thank you for your time .
PRINT NAME .. SIGNATURE . DATE
~6 /MJr1 . .1.,r,-,111 M ~-://~ -A:,/c;/u,
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Juno e~ail printed Sat , 6 Oct 2001 11 52 20 , page 1
'from-Michael J Hazzard <rsaiah53-5@juno com>
MIME-Version: 1.0
Full-Name· Michael J Hazzard
From: Michael J Hazzard <isaiah53-5@Juno.com>
MIME.Version· 1 0
Full-Name: Michael J Hazzard
X-Status: New
X-Juno--Att: 0
X-Juno--RefParts . o
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Dear Englewood / / Police: n __ . a _ I
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I shoukl have said something earfief, but here goes · On Thursday,,
6-14-2001 , I and my ten year old daughter were walking our Beagle in the
old Home Base pancing tot . On the -st side of the parking lot, near the
light rail tracks . was a light brown or gold , late model , mini van (it
was near sooset and -were not able to get Within 100 feet or so of the
van foc reasons that will become obvious shOftty). The rear hatch of the
mini van wn open , and -could see three large dogs running back and
fOfth from it. Someone was obviously letting their dogs run loose. My
daughter and our dog and I had 1ust turned the north-west comer of the
building and were heading south along the west side when our dog saw the
others and began banung . The three other dogs charged us at full speed ,
barking and snarltng . Two of them looked like full grown Rottweilers
though Without the tradlbonal manongs One was solid light tan and the
other was solid black The third dog was a brt smaller , something on the
order of an Enghsh Sheep Dog, solld black, ana shaggier. We feared for
our safety. Knowing better than to tum and run , I ordered my daughter to
get behind me, which she did , and I ptciced up our dog, ana -began to
back away slowly while mainta.nmg eye contact with the approaching dogs
This had some affect as they appeared somewnat confused ana slowed down.
but they kept coming Onty when a car approached from the opposite
direction did they break off the attad< and chase after the car . back in
the direction they had come from and toward the van. We walked around the
building and came to the north-east comer to see if -could get any
more Information, but the vehlde and the dogs were gone . Hopefully, the
people in the van realized what had almost happened and hOW stupid they
had been .
Sincerely ,
Michael James Hazzard, 3575 S. Cherokee St., Englewood , Colorado 80110 .
"Those who would trade liberty for security de58f"Ve neither," Benjamin
Franklin.
Wednesday, 7-11-2001 .
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P RO C L . .\ \I . T I O :-S
\\.HERE..\S. th" ho,p1ce plulosophy ;.iffirrns h inhe re nt 1emty and worth of e,·e r,·
10d1ndual 111d re,·e res hum a n hfe in :1IJ its stages: and
\\"HERE.\S . ht>,p1 ce offers a ,pec1al way o c:1nng fo r term111alJ,· Lil per ons . enabhni;
patients to hv co mfortably a nd peacefully 111 thei r final days. ,ind
\\"HERE..\ . ho,p1ce ca r e rehe s on t he co mbined kn ow ledise . ,kills. and co mpas,;1 0 11 of 1
full te:1m of profes~1 on:1l and ,·olu n tee rs -111clud111cr plwsicia n s. nur es. nu.r "e ,lld e,
co uns I r s. h e r:1p1sts, a n d cle r gy -o h Ip patients 3n heir fa1mlies : and
\\"HERE..\·. ho pice ca r e offer" a uniquely e i~ c 1ve · n eco nomi cal alte rnatl\·e for m.in,·
erm111::illy Lil pe op e a nd ,u pp orts and s trengthens h enu re i:o mmumt,· ~s 3 ,oun l' 0 · h, 1 ,.
a nd e nco uracre m en t : and
\\.H ERE.\'. he r e re mains .:i gre3t nee tO 111cre :1 , tht' ,·c mCl · m :: , .iw~reneF, he
beneiits of h os pice ca r e a n d he ntal se rnce, 1t ,tTt'r, ,u r .', mm •mu.es
:-S O\\" THEREFORE , I. Thomas J Burns. \L1vor o t" :he C.l\ oi En e:!1:woo cl. C.iio r::i o. herebv
procla im th e month of :'llov e mbe r. :!00 I a~
:'11..\T I O'.'-AL H OSP ! E ;\1 0:'-T H
111 h e City ot" Enele woo d . o lor ado I rg» di En l!!ewrn ,1 rt',1dcnt6 to •ntn 'h~ t!wr, .1tl"
.. ind mun1c1palit1 s througho ut h.i .5 na 10 n 1n re c: gn1.£1n . \.,vem e r ,f ~·JLh ·~·t->.H 1:-i. \11 , n 1.
Hosp ice \lonth .
GI\ "1:'.': under my hand and seal lu , 13 h ::iv of O to r . 2001
Thom::i s ,J Burn . \I vo r
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BY AUTHORITY
ORDINANCE NO ._
SERIES OF 2001
COUNCIL BILL NO . 62
INTRODUCED BY COU'.1/CIL
MEMBER~~~~~~-
A BILL FOR
AN ORDINANCE APPROVING AN ENCROACHMENT PERMIT AND INDEMNITY
AGREEMENT PERTAINING TO A RETAINING WALL IN THE PUBLIC RIGHT-
OF-WAY .
WHEREAS , Section 11-3-4 of the Englewood Municipal Code 2000 provides that
an encroachment into public right-of-way may be granted upon compliance with
certain terms and conditions and the issuance of an encroachment permit and
indemnity agreement issued by the City ; and
WHEREAS , the property owner has built a retaining wall in the City's public
Right-Of-Way along South Grant Street adjacent to the property located at 3024
South Grant Street without obtaining the proper permits: and
WHEREAS, the property owner was notified that the construction wa s in
vtolauon of the Englewood Municipal Code and that an encroachment permit would
need to be obtained if the owner wished to keep the wall in its present location : and
WHEREAS , the City of Englewood received an application for an encroachment
permit from the Owner of 3024 South Grant Street for a retaming wall ; a nd
WHEREAS , approval of this Ordinance will authorize an .. Encroachment Permit
And Indemnity Agreement" formally recognizing the dimensions of the encroachment:
'.I/OW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD . COLORADO , THAT :
Sec;tjon l. An encroachment for a twenty-seven inch (27") high retaining wall , as
measured from the back of the sidewalk and constructed three feet (3') into the City's
Right-Of-Way as identified in "Exhibit A," is hereby granted .
Sectjon 2. The .. Encroachment Permit And Indemnity Agreement" attached hereto
as "Exhibit A." is hereby accepted and approved by the City Council of the Ci ty of
Englewood , Colorado.
Introduced . read in full, and passed on first reading on the 15"'day of October.
2001 .
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Published as a Bill for an Ordinance on the 19th day of October, 2001.
Thomas J . Burns, Mayor
ATIEST:
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 15th day of October, 2001.
Loucrishia A. Ellis
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ENCROACHMENT PERMIT A .. 'ID INDEMNITY AGREEMENT
THIS AGREEMENT, made t his _a~a y of '/'11!~~001. between the
CITY OF ENGLEWOOD , Colorado , a municipal co oration. and ROBERT J . ARAGON . the
owner of a certain parcel of real property legally describes as :
South 1/8 of Lot 6. all of Lot i . and the '.'•Jorth 3/8 of Lot 8 in Block 5 Strayers
Broadway Heights
and commonly known as : 3024 South Grant Street
Englewoo d . Colorado 80110
The City of Englewood. Colorado , here by grants to ;aid owner of the property at the above
described locat10n permission to :
Ins tall a concrete retaining wall in fr ont of the subiect add r ess unmediately adiacent
t o the sidewalk along South Grant Street. The height of the wall may bt no higher
that t wenty-;even inches (27") as m easured from the back of the wa ·k .
T his is an e ncr oach me n t of thr ee feet (3') onto he Ctty Right-Of-W ay o n So uth Grant Street.
The aforesaid prope r :y ow ner and his heirs and assigns understand and a~ee that:
1. Tha t the retaining wall we r e cons tructed by the Owner witho ut obtaining the
r eq uired pe rmits a nd vari a nces . This e ncroachme nt 1s therefor e co nditioned on the
Owner's payment of all permit fees . penalt1es and fines due the City fo r the
ca nstruct10n of this retaining wall .
2 . That the prop erty ow ne r shall o btain rh e nece s.ary variances a n d pe rm it s required
prior t a co nstructing a ny fence s or reta1rung walls in the public R1ght-Of.\\'ay and
shall co mply with all zorung and bwldmg regulations for this zone district.
3 . That t h is pe rm issio n is r evoc ab le at will and without ca use by t h e Cit y of Engle wood
without heanng and without no u ce other t han '.'li atice of Rev ocatio n.
4 . That the property owner s hall remove t he reta1rung wall a nd fence from the public
Right -Of.Way within thirty (30 ) days aite r recewmg ~ot1ce of Revocation by personal
service o r ce rtified mail .
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6 .
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That if the City ever determines that unprovemen s ne ed ta be installed alo n g G r a n t
that may 1m ;ia ct the wall . that h e property owne r s hall be responsible fa r any
increased casts incurred by the Ctty far r emavin~ or working aro ur.d the reta1rung
wall.
That the property owner are estopped ta de ny the right of the City of Engle woo d .
Colorado , t o re vo ke the Encroachment Permit or to deny the prope rty nghts of said
Ci ty .
That the property owner agree to reimburse and indemrufy t he City of E ngle wood .
Colorado . for all necessary expenses of whatever nature that may be 1.ncurred in
r evo king this P e rmit. removing the structure placed in the pub lic Right-Of-Way , o r
a ny othe r ex pense as a result of granting the Encr oac hme nt P ermit .
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8 . That t he property owner shall maintain in s urance cove rage s ufficient to sa tisfy any
liability arising as a result of tlus Encroac hment Perm it and Indemnity Agreement
and t he City of Englewood shall be held harmless from a ny and all liabilities arising
from tlus action. A copy of an acknowledgement of coverage s hall be pro,.ided to the
Duector of Public Works .
9 . That tlus Agreement shall inure to the benefit of and be binding upon the h eirs .
executors . administrators . assigns and successor s of the re s pective parties.
I'.\I WIT'.\IESS WHEREOF . the parties have set thell' hands the day and year fll'st wntten
above .
CITY OF E'.\IGLEWOOD
a municipal co rp oration
By : ------------------T h omas J . Burns . '.\fav or
ATTEST :
By:--------------------
Lo ucrish1a A. E llis . City Clerk
PROPERTY OWNER
STATE OF COLOR.ADO
Byod ,; C -=
Robert J .. A.ia.gon 7
302-t South Gr ant Stre
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con.:TY OF ) Tri
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The ~~:w~~ment wa s ack nowledged before me th1sJ.i d ay of
___ ...,~oc:=--'-~-"""-_....uu& ... ~-'-'--=--· 2001 , by Robert J . Aragon as the property owner of
302-t So uth Grant Street, Englewood. Colorado 80110 .
:\Iy Com m1ss1on expires :
Pluvv N . ~
Notary Pabile(____
___s~~~~~~:--:'uoc~~N.';""'::D~A~N~'G=-..,
NOTAl'I PUSUC
STAT! OF COlORAOO
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COUNCIL COMMUNICATION
Date: Agenda Item : Subject:
10 a i En croachment Agree m nt -30:'-I
October 15. 2001 So uth Grant Stree t.
INITIATED BY: STAFF SOURCE:
Public Works Ken Ro ss . Direc to r o f Publi c W o rk s
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Th ere has been no pre\ ious Council action o n th is requ es t.
RECOMMENDED ACTION
Sta ff re co mmends that Citv Co unci l apprO\ e the attached Encr o achmen t Agreem nt .
BACKGROUND , ANALYSIS, AND ALTERNATIVES IDENTIFIED
In August of 2001 . th e propertv owner was o bsel'\ ed building a retain in g \\ all 111 th e public right ,11 ,, J
along Grant Street adjacent to th e property located at 3024 So uth G rant Street. The p mp rt\ O\, nt'1 ,, d>
notified th at th e construction was in iola ti on o f th e Cit, C o de and tha t an encroachm nt p rm,t \\Ould
need to be obta ine d . Upon st aff re view of th e encroa c hmen t p e rmit it was determ111 d th at th pro p o s d
encroachment exceeded staff's administrative authoritv as provided in Titl e 11 . Chapt e r 3 , c t1on -I 01 th
Englewood Municipal Code, and th e refo r th e request ne eded to be brough t to Cit\ Coun c il .
En c roa c hmen t s for fences and retaining walls ma v be grante d pro \ idi ng :
1. Tha t th e wall and o r fe nce are no closer than 1 :> 111 ches rr o m th ba ck o i , al k.
2. That th e wall and o r fence are in compliance wit h all o ther pro \ ision , o f th e l\.\un, 1pal ode .
3 . Th at the wall and/or fe nce are no t adjacent to a st ree t th at is designa ted to be \\ 1d ned o r 1mpro\ ed .
The proposed construction m ee ts co ndit io ns 2 and 3 abo, e, but fails to me et condi ti o n 1. The ,, all as
cons tru cted is immediate ly behind th e existing back o f walk. This typ e o f i nstallall o n is no rmall . prohibit ed
because
• Pedestrians lose th e full benefit o f th e sidewa lk, bec aus e thev mu t sh v awa fro m th e
co nc rete wa ll , and
• Sidewalks fail o er tim e and th e close p roximity oi th e \\ all inc reases th e chan ce that wall
ma be damaged in reconstruction , and
• Retaining walls retain soil and as a result sod pressu res behind th e \'all co uld ca use damage
to the sidewalk imprO\ emen ts
The wall was cons tru c ted when it came to Publ ic Works atten ti o n, in staff's o p1111 o n th ere would be li tt le
gamed trom requiring the wall to rem o ed and replaced. We are the re fo re re commending Cit) C o un ci l
approve the attached Encroachment Permit that spells out the resp o nsibilities o f the propertv o wn er fr o m
this day for th .
FINANCIAL IMPACT
No financial impact to the City is identified.
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ORDINANCE NO ._
SERIES OF 2001
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BY AUTHORITY
A BILL FOR
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COUNCIL BILL NO . 67
INTROD UCED BY COU'.'J CIL
MEMBER~~~~~~-
AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF
THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY
OF ENGLEWOOD, COLORADO .
WHEREAS . it is the duty of the City Co uncil of the City of Englewood , Co lora do ,
under the Englewood Home Rule Charter and Co lorado Revised Statutes, to ma ke the
annual levy for City purposes; and
WHEREAS , the City Council has duly conside red the estimated valua tio n of all the
taxable property within the City and the nee ds of the Ci ty a nd of each of said levie s
a nd ha s determined that the levies as hereinafte r set forth , a re proper a nd wi se ; and
WHEREAS . the foll owing levies a r e pe rmitted unde r Article X. Section 20 of t he
Co lorado Co ns titution without a vo te by the citi ze ns:
NOW , THEREFORE, BE IT ORDAI NED BY THE CITY COUN CIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS :
Section 1. That there be and hereby is levied for the year of 2001 , due and paya ble
as required by statute in the year 2002 , a tax of 5.880 mills on the doll a r for the
General Fund of the City of Englewood . Co lorado, a nd 1.020 mills on the dollar for t h e
Community Center Bond Fund Debt Service Fund of the City of Englewoo d. Col orado.
That the levy herein above set forth shall be le vied upon each dollar of the assessed
valuation of all taxable property within the co rporate limits of the City of Englewood ,
Colorado , and the said levy shall be certified by la w .
Introduced, rea d in full , and passed on first reading on the 15th day of Oct ober ,
2001.
Publis hed a s a Bill for an Ordinance on the 19th day of Octobe r , 2001.
Thomas J . Burns . Mayor
ATTEST:
Loucriahia A. Ellis. City Clerk
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Date
O cto ber 15 , 2001
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COUNCIL COMMUNICATION
Agenda Item
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Subject
Bill Fo r An O rdinan ce Establish111 1J
The 20 01 Mill Le vy Co lle c t din
1001
Initiated By
De artment Of Finance and Administrative Services
Staff Source
Frank Grv lewicz. Dire ctor
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council and staff held a 2002 Budget and Goals setting meetin g on April 28. 100 I . A preliminarv re\ ie\ 0 1
the budget vas done on September 6 , 2001. A public hearing re gardin g th e Prop osed 2000 Bud ge t \\ as held
on September 17, 2001. The operating budgets and Multiple Year Capital Plan for all City department s and
funds was re v iewed at a budget retreat held on September 29 . 200 1, and iollow-up rev iew was d o ne at a stud \
session o n October 1, 200 1.
RECOMMENDED ACTION
Staff re commends Council approve this bill for an o rdinan ce e tablishing th e 2001 mill le\ y to be co ll ec ted in
2001 .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Citv of Englewood assesses property ta x for the general operati o ns 0 1 th e gove rnment and fo r th e
Communitv Center Debt Service Fund. TABOR restri cts the City fr om rai sin g the m1ll le w wi th o ut a vo te o i th
citiz ns . Thi s vea r 's General Fund mill le vy is unchan ged fr om 200 (5 .880 mill s). The 200 1 le w 1s ce rtiii ed to
Arapah oe Cou ntv b December 15 , 2001 for c ollecti o n 111 1001 .
FINANCIAL IMPACT
Ba se d o n the a sessed valuation for the Citv of En glewo d as ce rtifi ed b1 the A rapah oe Co unty As sesso r, th e net
a se se d 1a lu e o f all properties in Englewo od for 100 1 1s S-l 19,653.150 co mpared to $37 2.130.950 fo r 1000.
Th e 100 I mill fo r General Fund operations is 5.880 mill s and 1.01 mill s fo r the Communitv Center Debt Se r. ice
Fund . The to tal mill le, is 6 .90 for 2001 collected in 1001 . Th e to tal am ount budgeted for the General Fund 1s
$1,700 ,000 (net o f un co llectibles. abatements, etc .). The amount budgeted fo r th e Co mmunity Center Debt
Service Fund is $4 30,000 (net of uncollectibles . abatements , etc.).
A homeo wner with a S 150,000 dollar home in En gle\\ ood would pa y th e fo ll owin g to th e City of En glewood :
Market Va lu e S 1 50.000
As sess m en t Rat io
Assessed alue
General Operations Mill Lei
Taxes Paid For General Fund Operations
Market Va lue
Assessment Rati o
Assessed alue
Communit Center Bond Fund Mill Levy
Taxes Paid For Community Center Bond Fund
Total Taxes Paid To Citv Of Englewood
LIST OF ATTACHMENTS
Propose d bill fo r an o rdinance
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9.15%
S 13.725
5.880
$80.70
S 150,000
9 .15%
S 13 ,7 15
1.0 2
$14.00
$94.70
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I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read
in full, and passed on first reading on the 15th day of October, 2001.
Loucrishia A. Ellis
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ORDINANCE NO ._
SERIES OF 2001
BY AUTHORITY
ABII.LFOR
COUNCIL BILL NO. 68
INTROD UC ED BY COUNCIL
MEMBER~~~~~~-
AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD,
COLORADO . FOR THE FISCAL YEAR 2002.
WHEREAS, pursuant to the prov1s10n s of Part I of Article X of the Charter of the
City of Englewood , Colorado , a budget for the fi sca l yea r 2002 wa s duly submitted by
the City Manager to the City Council on September 13 . 2001 : and
WHEREAS, a public hearing on the said budget wa s held by the City Co uncil
within three weeks after its subm1ss1on at the meeting of the City Council on
September 17 , 2001 , regular notice of the time and place of said hearing having been
published within seven days after s ubm1 ss1on of the budget in the manner provided in
the Charter for the publication of an ordrnance; and
WHEREAS , the City Council of the City of Englewood has studied the budget on
numerous occasions: and
WHEREAS , 1t 1s the intent of the City Council to adopt the 2002 budget as now
submitted:
NOW , THEREFORE . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD . COLORADO . AS FOLLOWS:
Section 1. That the budget of the City of Englewood. Colorado , for the fi sca l year
2002 , as submitted by the City Manager and duly considered by the City Council after
public heanng, be and hereby is adopted as the budget for the City of Englewood for
the fiscal yea r 2002 .
Section 2. GENERAL FUND ?002 BUDGET
Total Fund Balance, January 1, 2002 $ 6 ,502,352
Reve nues
Sales/Use Tax 25 ,050 .000
Property and Specific Ownership Tax 2 ,700 ,000
Franchise/Occupation/Cigarette Tax 2,528 .000
License/Permits 834 .990
Intergovernmental Revenue 1,350.264
Charges for Services 1,545 ,853
Cultural & Recreation 1.357.970
Fines & Forfeitures 939,785
Miscellaneous 49) 000
Total Revenues $ 36,i9i .862
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COUNCIL COMMUNICATION
Date Agenda Item Subject
O ctober 15 . 2001 10 a ii i Bills for an Ordinance Ad o pting
the 2002 Budget
Staff Source Initiated By I
Department Of Finance and Administrative Services Frank Grvglewicz, Directo r
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Citv Co un ii and staff held a 2002 Budget and Goals settin g m ee ting o n Apnl 28 , 200 1. A prelim,nal'\
re, ie\\ o f th e budge t was done on September 6, :w o I . A public hear ing reg ard ing th e Pr op o sed 2000
Bud ge t was held o n September 17. 2001. The operating budgets and Multiple Year Capllal Plan for all Cit,
departments and funds was re v iewed at a budget retrea t held o n Septemb er 29. 200 1. and 10 11 0 ,-u
re, ie,, was done at a stud y session on October 1, 200 1.
RECOMMENDED ACTION
Staff re commends Council approve the proposed bill fo r an ordinan ce ad opting th e ~002 budget.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Charter of the City of Englewood requires th e Citv Council adop t bills fo r o rdinan ces adop ting th e next
ear 's Budget and Appropriation no later than thirtv days prior to th e first da o i th e n e,t tis c al \ ear.
FINANCIAL IMPACT
The General Fund is budgeting total re ve nues of 536 ,7 97,862 and to tal expenditures o i funds at
536 ,7 16,370 leaving an unreserved/undesignated fund balance of 55,06 4,500 o r 13 .8 percent of to tal
re, en ues .
LIST OF ATTACHMENTS
Pro posed bill fo r an ordinance
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Expenditures
Legislation
City Attorney's Office
Municipal Court
City Manager's Office
Human Resources
Finance and Administrative Services
Information Technology
Public Works
Safety Services
Community Development
Library Services
Parks and Recreation Services
Contmgencies
Debt Service
Total Expenditures
Total Fund Balance, December 31, 2002
Sectjon 3 DEBT SERVICE FUNDS
Communjty Center Bond Debt Seryjce Fund
Fund Balance, January 1, 2002
Revenues
Expenditures
Fund Balance, December 31, 2002
Payjng District #35 Debt Seryjce Fund
Fund Balance, January 1, 2002
Revenues
Expenditures
Fund Balance, December 31 , 2002
Payjng District #37 Debt Seryjce Fund
Fund Balance. January 1, 2002
Revenues
Expenditures
Fund Balance , December 31 , 2002
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2002 BUDGET
413 ,002
722 ,872
800,429
i03.832
672 .024
1.696,856
1.475,3 10
5 ,193.756
15 ,094 ,109
1.935 ,432
1.251 ,26-1
-1 ,802 .526
80,i58
1 874 200
$ 36,716 ,370
$ 6,583 ,844
$ 55,3 13
$ -130 ,000
$ 465 ,970
$ 19.343
$ <156.284>
$ 42.524
$ 12 ,885
$ <126,645>
$ 646
$ 3 ,3 74
$ 3 ,900
$ 120
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2002 BlDGET
farini: Pilittii;t ~all lli:bt Si:crii;i: E11nd.
Fund Balance. January l. 2002 $ 10,597
Revenues $ 69,016
Expenditures $ 78,200
Fund Balance, December 31, 2002 $ 1.413
Cgni;z:i:1!: Re12lai;i:mi:nt llii;trii:t l lmli
Fund Balance, January 1, 2002 $ <23.690>
Revenues $ 6 .420
Expenditures $ 4 .152
Fund Balance, December 31 , 2002 $ <21.-122>
Sl:i;ti!lD 4 SPECIAL REVENUE FUN DS
Cgnsi:rvati11n Trnst E11nd.
Fund Balance, January 1. 2002 $ 16 . 01
Revenues s 3 13 ,000
Expenditures $ 250,iOO
Fund Balance, December 31. 2002 i9.IOJ
Commercial Revolving I oon Fund
Fund Balance . January 1 , 2002 $ I i2.056
Revenues s 10 .800
Expenditures $ 25 .-100
Fund Balance, December 31 , 2002 $ 157 ,456
Communitv Pevelonment Fund • Fund Balance , January 1, 2002 $ .o.
Reve nues $ 150 ,000
Expenditures $ 150,000
Fund Balance, December 31 . 2002 $ -0 -I • • 0
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2002 BUDGET
Donor s Fund
Fund Balance . January I . 2002 $ l.158.i25
Revenues $ 173.800
Expenditures $ 2-IO ,i20
Fund Balance, Dece mber 31. 2002 $ 1.091.805
Section 5 CAPITAL PROJECT F UNDS
Public Improvement Fund
Fund Balance, January 1, 2002 $ l ,0-li ,669
Revenues $ 3 ,422.400
Expenditures and Transfers $ 4 .016.400
Fund Bala nce , De ce mbe r 3 1, 2002 $ 453 .669
Camtal Prmects Fund <MYCP}
Fund Bala nce . J a nuary l. 2002 $ 562.-1 i
Reve nues and Transfe r s In $ 1.629 .500
Expenditures $ 1.504 ,500
Fund Balance, December 31, 2002 $ 687 ,487
Section 6 INTERNAL SERVICE F UN DS
Semcenter Fund
Funds Available, January 1, 2002 $ 1.285 ,0 16
Revenue s $ 1,533 ,647
Expenses $ 1.506,085
Funds Available , December 31 , 2002 $ 1,3 12 .578
• Capital Egujpment Renl.11:ement Fi.ind
Funds Available , January 1, 2002 $ 922.-137
Revenues $ 8i3,i33
Expenses $ 1,051.264 I Funds Available , December 31 , 2002 $ 744 ,906 • 0
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Central Services Fund
Funds Available, January 1, 2002
Revenues
Expenses
Funds Available, December 31, 2002
Risk Management Fund
Funds Available, January 1, 2002
Revenues
Expenses
Funds Available , December 31 , 2002
Employee Benefits Fund
Funds Available , January 1, 2002
Revenues
Expenses
Funds Available, December 31 , 2002
Sectjon 7 ENTERPRISE FUNDS
Water Fund
Funds Available , January 1, 2002
Revenues
Expenses
Funds Available, December 31 , 2002
Sewer Fund
Funds Available , January 1, 2002
• Revenues
Expenses
Funds Available, December 31 , 2002
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"002 B\JDGET
$ 124 ,093
$ 351,000
$ 351 ,095
$ 123,998
$ 467 ,745
$ 855.661
$ 864 .359
$ 459,047
$ 571 ,234
$ 3 ,437 ,242
$ 3 ,874.515
$ 133,961
$ 4 ,076 ,130
$ 5 ,665 .811
$ 7 ,228 .750
$ 2 ,513 ,191
$18 ,866,883
$ 6 ,185,282
$12 .383 ,369
$12 ,668,796
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2002 BUDGET
Storm Drainage Fund
Funds Available , January l , 2002 $ 562 .068
Revenues $ 159,000
Expenses $ 258 .836
Funds Available, December 31, 2002 $ 462 ,232
Golf Course Fund
Funds Available , January 1, 2002 $ l ,008,5i0
Revenue s $ 2 ,019 ,300
Expenses $ 1,990.-1-1 3
Funds Available, Dece mber 31 , 2002 $ 1.037.-1 27
Concrete Utility Fund
Funds Available , January l , 2002 $ 605 ,510
Revenues $ 525 ,000
Expenses $ i02.-112
Funds Available , December 31 , 2002 $ 428 ,098
Housing Rehabj)jtatjon Fund
Funds Available, January l , 2002 $ 1,430,328
Revenues $ 1,218 ,500
Expenses $ 1,218,500
Funds Available , December 3 1, 2002 $ 1,-130 .328
Section 8 FID UC IARY FUNDS
Malley Center Trust Fund • Fund Balance, January 1, 2002 $ 382.733
Revenues $ 43 ,000
Expenditures $ 20.000
Fund Balance, December 31, 2002 $ 405 .733 I • 0
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Fund Balance, January 1, 2002
Revenues
Expenditures
Fund Balance, December 31 , 2002
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Specja) Assessment Surplus & Deficiency Fund
Fund Balance, January 1, 2002
Revenues
Expenditures and Transfers
Fund Balance, December 31. 2002
Sectjon 9 JOINT VENTURES
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2002 BUDGET
$ 150.925
$ 14 .000
$ 4 , 0 7
$ 160.11 8
$ 153.8 77
$ 3 7 ,6i0
$ 55, 00
$ 13 5 ,747
LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT
JOINT VENTURE
Funds Available. January 1, 2002 $ 115 .674
Revenues
Expenses
Funds Available. December 31 , 2002
$17 ,355 ,573
$17 .355 .57 3
$ 115.674
Sectjon IO . That the said budget shall be a public record in the office of the City
Clerk and shall be open to public inspection. Sufficient copies thereof shall be made
available for the use of the City Council and the public, the number of copies to be
determined by the City Manager.
Introduced, read in full, and passed on first reading on the 15th day of October,
2001.
Published as a Bill for an Ordinance on the 19th day of October, 2001.
Thomas J . Burns, Mayor
ATTEST :
Loucr1sh1a A. Ellis, City Clerk
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I, Loucrishia A. Ellis, City Clerk of the City of Englewood . Colorado. hereby certify
that the above and foregoing is a true copy of a Bill for an Ordinance , introduced . read
in full , and passed on first reading on the 15th day of October. 2001.
Loucrishia A. Ellis
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ORDINANCE NO ._
SERIES OF 2001
BY AUTHORITY
A BILL FOR
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COUNCIL BILL NO . 69
INTRODUCED BY COUNC IL
MEMBER~~~~~~-
AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN
THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGINNING
JANUARY 1, 2002, AND ENDING-DBCBMBER 31, 2002, CONSTITUTING WHAT
IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2002 .
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Section 1. That there be and there hereby is appropriated from the revenue de rived
from taxation in the City of Englewood , Colorado, from collection of license fee a nd
from all other sources of revenue including available fund balance during the yea r
beginning January 1, 2002 , and ending December 31 , 2002 , the a m ounts he r einafter
set forth for the object and purpose specified and set opposite thereto, s pecifi ca ll y as
follows :
Legislation
City Attorney's Office
Municipal Court
City Manage r's Office
Human Re sources
GENERAL FUr:,.'D
Finance and Admm1s trat1ve Services
Information Technology
Public \\' orks
Safety Se1'V1ces
Community Development.
Library Services
Parks and Re creation Services
Contingency
Debt Sel'Vlce
Total General Fund
$ 413 ,002
722 ,872
800 .42 9
703 ,832
672 ,024
1,696,856
1,475 ,3 10
5,193.756
15 ,094 ,109
1,935 ,432
1,251 ,264
4,802 ,526
80 ,758
I 87;1200
$ 36 ,716 ,37 0
COMMUNITY CENTER BOND DEBT SERVICE FUr-.rp
Total Community Center Debt Service Fund $ 465 ,970
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PAYING DISTRICT #35 DEBT SERVICE FUND
Total Paving District #35 Debt Service Fund
PAYING DISTRICT #3i DEBT SERVICE FUND
Total Paving District #37 Debt Service Fund
PAVING DISTRICT #38 DEBT SERVICE FUND
Total Paving District #38 Debt Service Fund
$ 12 .885
$ 3,900
$ 78 ,200
CONCRETE REPLACEMENT DISTRICT 1995 DEBT SERVICE FUND
Total Concrete Replacement District 1995 Debt Service Fund $ 4,152
CONSERVATIO TRUST FUND
Total Conservation Trust Fund $ 250 ,7 00
COMMERCIAL REVOLVING LOA. FUND
Total Commercial Revolving Loan Fund $ 25 ,400
COMMJJN1TY DEVELOPMENT FUND
Total Community Development Fund $ 150 ,000
DONORS FUND
Total Donors Fund $ 240 .720
PUBLIC IMPROVEMENT FtJND
Total Public Improvement Fund $ 4,016 ,400
CAPIT~L PROJECTS FUND (MYCPl
Total Capital Projects Fund $ 1,504 .500
SERYJCENTER FUND
Total ServiCenter Fund $ 1,506,085
CAPITAL EQUIPMENT REPLACEMENT FUJ,\'J)
Total Capital Equipment Replacement Fund $ 1,051.264
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CENTRAL SERVICES FUND
Total Central Services Fund
RISK MANAGEMENT FUND
Total Risk Management Fund
EMPLOYEE BENEFITS FUND
Total Employee Benefits Fund
WATER FUND
Total Water Fund
SEWER FUND
Total Sewer Fund
STORM DRAINAGE Fl/ D
Total Storm Drainage Fund
GOLF COURSE FUND
Total Golf Course Fund
CONCRETE UTILITY FLTND
Total Concrete Utility Fund
HOUSING REHAB!L!TA.TIQN F\JNP
Total Housing Rehabilitation Fund
MALLEY CENTER TRUST FUND
Total Malley Center Trust Fund
PARKS AND RECREATION TRUST FUND
Total Parks and Recreation Trust Fund
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$ 35 1,095
$ 64 .359
S 3 , i-1 .5 15
$ 7,228 .750
S 12 .3 3 .369
S :!5 8 .836
S 1,990.443
$ 702 ,-112
$ 1,218,500
$ 20 ,000
$ 4 ,807
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SPECL<\L ASSESSMENT SURPLUS & DEFICIENCY Fl 'ND
Total Special Assessment Surplus & Deficiency Fund s 55 ,800
LITTLETON/ENGLEWOOD WASTEWATER TREAT'.\1DiT PLANT
JOINT VENTURE FUND
Total Littleton/Englewood WWTP Joint Venture Fund S 17 ,355 ,573
Sectjon 2 The foregoing appropriations shall be considered to be appropnations to
groups within a program or department within the fund indicated but shall not be
construed to be appropriated to line items within any groups , even though such line
items may be set forth as the adopted budget for the fiscal year 2002 .
Sectjon 3. All monies in the hands of the Director of Financial Services, or to come
into the Director's hands for the fiscal year 2002 , may be applied on the outstanding
claims now due or to become due in the said fiscal year of 2002 .
Sectjon 4 All unappropriated monies that may come into the hands of the Director
of Financial Services during the year 2002 . may be so distributed among the r espective
funds herein as the City Council may deem best under such control as is provided by
law .
Sectjon 5. During or at the close of the fiscal year of 2001 . any surplus money in
any of the respective funds, after all claims for 2001 against the same have been paid.
may be distributed to any other fund or funds at the discretion of the City Council.
Introduced, read in full , and passed on first reading on the 15"' day of October,
2001.
Published as a Bill for an Ordinance on the 19th 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 15th day of October, 2001.
Loucnslua A. Ellis
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COUNCIL COMMUNICATION
Date Agenda Item Subject
October 15, 2001 10 a i Bill ior an Ordinance
Approp ria ting Fu nds Fo r Fis al
Year:2002
Initiated By I Staff Source
Deoartm en t Of Finance and Administrative Services Frank Grvgl e1 11 cz. Direct o r
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council and staff held a 2002 Bu dge t and G o al~ ettm g m ee ti ng o n April 28. 200 I . A prelimin ar1
rev iew of th e budget was done o n September , 200 I . A publi hea rin g reg ar din g th e Pr o p o ed 20 0 0
Bud ge t was hel d o n September 1 7. 2001 . The o peratm g budgets and 1ult ipl e ) ear Capi tal Pl an to r all it1
departments and funds was reviewed at a budget retreat held o n Sep t mber 29, 200 1, and i o ll o11-up
re view was done at a stud y sessi o n o n Octo ber 1, 200 1.
RECOMMENDED ACTION
Staff re co mmends Co un cil approve th e prop osed bill to r an o rdinan ce appro pria tin g fun ds fo r fis al l'ea r
2002.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Th e Charter of th e City of Englewood requires th e Citv Council adopt bills fo r o rdinan ces adoptin g 1h e next
yea r's Budget and Appropriation no lat er than th irtv davs prior to th e fi rst da y oi th e nex t fiscal year.
FINANCIAL IMPACT
Th e G eneral Fund is budgeting to tal re en ues o t S36 ,;'97 ,8 2 and to tal xpe n di tures of funds at
$36, 16,3 i O leav ing an unreser1•ed/undesigna ted 1und balan ce o i SS,064,500 o r 13.8 pe rc en t of to tal
re1 enues .
LIST OF ATTACHMENTS
Pr op osed bill fo r an o rdinance
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ORDlNANCE NO .
SERIES OF 2001
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO . 70
INTRODUCED BY COC:\'CIL
MEMBER~~~~~~-
AN ORDINANCE AMENDING TITLE 2. OF THE ENGLEWOOD \1UNI CIPAL
CODE 2000 BY THE ADDITION OF A NEW CHAPTER 12 . ESTABLISHING A
TRANSPORTATION ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD.
COLORADO .
WHEREA S. traffic e nfo r ce me nt a nd the effec t of traffic t o t he n e ighb orhoods a nd
businesses are tmportant t o the ve r y esse nce of the City of Englewood 's co mmunity :
a nd
WHEREAS . th e Cit y Co uncil r ecogni zes the imp orta nce of citize n uwo lv e ment in
establi s hing the vis ions. po licies a nd proce dures of the city : a nd
WHEREAS . citizen invo lv e ment will provide valuable gu idance to the City Co uncil
a nd the Public Works Dep a rtment on how to focus t h e City ·s ene r g,e s a nd e ffort s on
tra n sportation a na lys is. mitiga tion str ategies a nd tra ns portation impro,·e ment:
NOW , THEREFORE . BE IT ORDAlNED BY THE CITY COC::--iCIL OF THE Cl TY
OF ENGLEWOOD . COLORADO , AS FOLLOWS :
Sect.Ion l. Th e City Co uncil of the City of Engl ewoo d he r eby app r oves ame nding
Title 2, of the Engl ewoo d Munici pal Co de 2000. by adding a new hapte r 12 ,
est abhs hmg the Tra nspo rta ti on Advisory Co mmittee. whi ch s hall read a ;_, foll ows :
2-12 : TRANSPORTATION ADVISORY COMMITTEE:
coo peration betwe en the City Co uncil. othe r C1tv boards a nd co mmissio ns Citv
d e pa rtme nts individua ls busme.ses in stituti ons a nd a gencies co n ce rne d wn h
t ra ns portation related activnjes to the e nd t hat a ll s u ch group s wnhin the Cih·
need s to be considered and coo rdina t ed in order to secure the greatest public we lfa re .
In all deliberations the Committee sha ll trv to reco gnize the r el a tion s hip betwee n
transportation and economics. energy safety land u se. ne ighborhoo d integritv
e nvironmental quality and emergency response times: and s h a ll co ns id e r
transportation access to health care employment educat10 n . housmg busi ness an d
commerce and recreational facilities .
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COUNCIL COMMUNICATION
Date: Agenda Item : Subject :
Ordinance to c reate
October 15, ~001 10 a V Transportation Advis o ry
Committee
INITIATED BY : STAFF SOURCE:
Publi c Works Ken Ross, Director of Public Vo rk s
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
There has been no previous Coun ci l ac ti o n on this requ est.
RECOMMENDED ACTION
Staff recommends that City Council app rove an ordinance to crea te a Transportation Advisory Commi tt ee .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In 200 1. the City of Englewood embarked in a comprehensive transportati o n planning effort. Efforts were
made to involve citizens and businesses in the dis cuss io n of ideas and conce rns th at they had abou t
tr anspo rtati on issue s. Also in 200 1 a c itizen survey was co ndu cted, and transp o rtati o n and tr affic issu es
and commen ts were very notable in th e survev results . In addition during 1001 Cit Council received two
petit ions from co nce rn ed citizens regarding parking issues and tr affi issues o n Broadway.
Beca use the level of in terest and concern regarding transp o rtati on and traffi c issues in the City of
Englewood, it wo uld seem to be prudent to try prO\ ide a mechanism whereby an advisory co mmittee
co mposed of c iti zens co uld give input and directi o n to City Co unc il and staff.
There are c urrentl y three cities in Colorado th at ha ve es tablished Transporta ti o n Advisory Committees ior
thi s purpose . W hil e city staff tr ies to be objective and make de ci sions based upon rational reas on and
good engineering judgment, so metim es o ur citizens get frustra t ed because they don 't feel the y ha ve b een
heard. The Transportation Advisory Com mittee will provide ci tizens this opportunity.
FINANCIAL IMPACT
It is estima ted that $3,200 wi ll be needed to provide the necessa ry support fo r the Transportation Ad visory
Committee.
LIST OF ATTACHMENTS
Pr o p o sed Ordinance
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2-12-2: COMPOSITION AND MEMBERSHIP : The Co mmittee will be
co mpri sed of fiv e (5) me mber s agpoi nted bv Citv Co uncil. a nd three (3) e x-officio s t aff
members a p poi nted bv the Citv Manager .
2-12-3: TERMS OF MEMBERS: Members will be appoin ted t o ove rl ap pmg
t e rms of tw o (2) vears. The Ci ty Co uncil s h a ll ma ke appomtme nts t o fill ,·acancies
fo r unexpired terms .
2-12-4: COMPENSATION :
Q· The me mb ers of the Co mmittee s h a ll serve without co mp e n sal,l on .
~ Reasona bl e exp e n ses directlv related to pe rform ing the duties of t he
Committee shall be a llowed.
2-12-5: POWERS AND DUTIES:
The Transportation Advisorv Committee s hall h ave the fo ll owi ng powe r s a nd duties :
~ Act as a co nduit of co mmunication be tween the Citv and the co mmunity. a nd
gather and assess the information necessa rv to make sound and co n s iste nt
r eco mm e nd ation to t he City fo r transportation studies. mitiga t 10 n s tra t e in es
and trans portation improve me nts .
~. Revi e w monitor and s uggest reco mme ndations for Citv trans portat10 n
matter. mcluding but not limited t o: street s a nd highwavs bus a nd r ail
ser vice. prov is ion for the ne ed s of the mobility impaired bicvcl e and
pedestr1an traffic: transportation svstem mana gem e nt a nd r esid e nti a l
pe rmit parkmg withm the Citv .
Make r eco mmendations r e ga rding the a lloc a tion of fund s for ca pital
el(pe nd it ures r e lated to r oa dwav a nd trans portation improve me nts .
Rev iew. monito r a nd r ecomm e nd changes to municipal ordinances mte nded
to prevent or a bate si tuations that are deemed detrimental to the health
safety a nd welfare of the co mm unitv as prov ided prima rily in Title 11 of the
Municipal Code. The Committee s hall ma ke r eco mm e ndatio ns to the Citv
Council for the a ddition. deletion a nd r evisio n of ordina n ces.
~ Revjew. monitor and recommend changes t o the Ci ty Tra n sportation Ele ment
of the Co mprehensjve Plan the Cjty Trans portation Awon Plan and the
Traffic Calming Policies and Procedures Manual.
Review and suggest recommendations for placement and enforcement of
warning regulatory and guide signs on City streets.
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g, Perform such other duties as may be referred to the Transportation Adnsorv
Committee by the Citv Counctl .
2-12-6: APPOINTMENT OF OFFICERS AND ADOPTION OF RULES:
~ The Committee s hall organize a d opt ad ministrative rules and procedures
a nd elect from its members s uch offic e r s as it s hall d eem necessa rv to
accomplish its purposes . Officers of the Co mmittee shall be e le cted for a one
year Cl} term. No officer s h a ll serve in the same capacitv for mor e than two
(2) consecutive terms.
~-The Chairperson may appoint such standing or special Sub-Committees from
the membership of the Committee as the Committee shall determine
necessary or useful in carrving out its purposes and powers. The purpose.
term and members of each Sub-Committee s ha ll be determined by t h e
Chairperson.
Sectjon 2. Sunset Proyisjon . The Trans portation Advisory Committee a nd the
provisions of Title 2. Chapter 12, shall terminate in two (2) yea r s unless t he
Committee and the provisions of Title 2. Chapter 12 , are r enewed by Co uncil
Ordinance.
Sectjon 3 . Safety Clauses The City Council, hereby finds . determines . and
declares that this Ordinance is promulgated under the general police powe r of the
City of Englewood , that it is promulgated for the health. safety, a nd we lfare of the
public. and that this Ordinance is necessary for the preservation of health a nd safety
and for the protection of public convenience a nd we lfare . The City Co unctl further
determines that the Ordinance bears a r ation a l r e lation to the prope r legi sla tive
obj ect sought to be obtained.
Sectjon 4 . Seyerabjlity If a ny clause . sentence , paragraph. or part of thi s
Ordinance or the application thereof to any person or circumstances s hall fo r a ny
r eason be adjudged by a court of competent jurisdiction m valid . s uch judgment s h a ll
not affect impair or invalidate the remainder of this Ordinance or its application to
oth er perso ns or circumstances.
Sectjon 5 Inconsjstent Ordjnances All othe r Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or a ny portion her eof a r e hereby
r e pea led to the extent of such inconsistency or co nflict.
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Sectjon 6. Effect of repeal or modjficatjon The repeal or modification of a ny
provision of the Code of the City of Englewood by this Ordinance shall not release ,
extinguish, alter, modify , or change in whole or in part any penalty , forfeiture , or
liability, either civil or criminal, which shall have been incurred under s uch provision.
and each provision shall be treated and held as still remaining in force for the
purposes of sustaining any and all proper actions . suits, proceedings. a nd
prosecutions for the enforcement of the penalty, forfeiture , or liability, a s well as for
the purpose of sustaining any judgment, decree , or order which can or m ay b e
rendered , entered, or made in such actions, suits, proceedings, or prosecution s .
Introduced, read in full , and passed on first reading on the 15th day of October,
2001.
Published as a Bill for an Ordinance on the 19th day of October, 2001.
ATTEST: Thomas J . Burns, Mayor
Loucrishia A. Ellis, City Clerk
I , Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado. hereby ce rtify
that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, re ad
in full. and passed on first reading on the 15th day of October. 2001.
Loucrishia A . Ellis
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BY AUTHORITY
ORDINANCE NO._
SERIES OF 2001
COUNCIL BILL NO . 61
INTRODUCED BY COUNCIL
MEMBER GARRETT
AN ORDINANCE AMENDING TITLE 1, CHAPTER 7, SECTION 2; TITLE 1.
CHAPTER 7A , SECTIONS 14 AND 15, OF THE ENGLEWOOD MUNICIPAL CODE
2000 PERTAINING TO JURISDICTION, POWER.
WHEREAS , there is a judicial need to assess some at-risk , delinquent juve rul es to
aid the Court in taking appropriate action ; and
WHEREAS . this Ordinance will clarifiy the current ordinance with respect to
parental responsibility for an assessment; and
WHEREAS . the passage of this Ordinance helps implement a process for cr oss
agency information s hanng ;
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE 1n· OF
ENGLEWOOD . CO LORADO . AS FOLLOWS :
Secuon ). The City Co uncil of the City of Englewood , Co lorado hereby amends T1tl e
1, Chapter 7. Sect1on 2 . of the Englewood Mumc1pal Co de 2000. to read as follow s :
1-7-2: Juriadiction. Power.
A. The Mumc1pal Co urt hall have ongmal iunsdict1on of all cases ansmg under
the ode of Ordmances of the City with full pow e r to carry the same into
effe ct and to purush v1olatlons thereof by the 1mpos1tion of s uch fines a nd
penalt1e as m s uch Code provtded ; 1t s hall have all powers mc1d e nt to a
court of reco rd m relation to the attendance of witnesses. the pums hment of
co ntempt, issuance of warrants and enforcing of orders of the Court.
B .
C.
Definition: Misbehavior of any person in the presence of the Court, or
misbehavtor so near thereto as to obstruct the administration of justice.
misbehavior of any officer of the Court in his official transactions and
disobedience or resistance of any person or interference with any lawful
process . order, rule, or command of the Englewood Municipal Court or a ny act
or omission designated as contempt by this Code or the Colorado Municip a l
Court Rules of Procedure shall constitute contempt.
fa Presence of Court: When contempt is committed in the presence of the
Englewood Municipal Court, it may be pumshed s ummarily . In such a case,
an order shall be made reciting the facts constituting the contempt.
adjudging the contemner gu.i.lty of contempt and prescribing the punis hm e nt
therefor .
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D . Out of Presence of CotLrt : When it appears to the Court by motion supported
by affidavit that a contempt has been committed outside of the presence of
the Court, the Court may ex parte order a citation to issue to the person so
charged to appear and show cause at a time designated why he/she shall not
be punished therefor. However, in the case where a perso n fails to appear at
a court hearing after being ordered to do so by a properly executed document.
either the Court sua sponte or on motion , may order s uch citation supported
by a copy of the executed document requiring attendance in lieu of the
affidavit. The citation and a copy of the s upporting documents s hall be
served upon such person a reasonable time before the time designated, or , if
the Court so orders. when the citation is issued or thereafter. a warrant for
his/her arrest may issue to any peace officer. Such warrant shall fix the time
for production of the person into Court. The Court shall direct by
endorsement thereon the amount of bail or bond required . Such perso n s hall
be discharged upon delivery to and approval of any peace officer 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 corresponding to the require ments esta bli shed by the Co urt .
If he/she fails to make bond. he/s he s hall be kept m custody s ubj ect to a n
order of the Court.
E . The Court s hall hear evidence for and against the person charged a nd it may
find him/her guilty of contempt and by order pre cr1be the puru shment
therefor. The maximum purushment that can be imposed 1s as 1s set forth in
Section 1-4-1 of this Code. However, in imposing purushment for contempt on
minors , the Court is not limited to the restrictions of s ubsect10n 1-4-1 B of
this Code but cannot adjudge confinement in excess of forty-eight ( 48) hours .
Also , the Court may impose costs of the contempt proceedings .
F . No Contact Orders Prior to Trial:
1 . For the purpose of this Section the following definition applies : No
Contact Order· an order issued by the Judge of the Englewood
Municipal Court prohibiting a person from initiating any contact with
another person at any place or through any means designated in the
order for a period of time designated in the order. However, a
restricted contact can be provided for in s uch order under limited
conditions, times . places, and circumstances.
2 .
3 .
4 .
The Judge of the Englewood Municipal Court may , in his/her
discretion for good cause shown. issue a No Contact Order against
defendants before trial when the issuance of such order is to protect
the safety of persons or prevent damage to property.
The Municipal Court Judge may require a s urety bond to ensure that
said defendant shall obey the No Contact Order. Upon a violation of
the No Contact Order by the defendant, the Court ca n order forfeiture
of the bond .
Each violation of a No Contact Order is a separate contempt and can
be punished as provided in subsection E of this Section.
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G. Restraining Orders:
1 . The Judge of the Englewood Municipal Co urt may , m hi s/h er
discretion , is s ue temporary and permane nt res tra mmg orders t o
prevent dome s tic abuse whether or not s uch re li e f co uld be obta ined
in a domestic re la tion s action fil ed m a district co urt.
2. Action to obtain s uch r elief is initiated by filing a co mplamt. duly
verified , alleging that t h e defendant h as co mmitted acts co ns tituting
domestic abuse against the pl a intiff or a mmor cluld of ei ther of t he
parties. Upon the filing of s uch complaint afte r hearmg the evide nce
and being fully satisfied ther ei n that suffici e nt ca use exists, t he
Municipal Court Judge may iss ue a temporary restra ining orde r t o
prevent domestic a buse a nd a citation directed to the de fe nd ant.
co mmanding the perso n to appear befo r e the Co urt at a s pecifi c tim e
and date , to s how ca use. if any , why sa id temporary re s traming
order s hould not be made perm anent.
3 . If, at the hearing held by the Municipal Co urt Judge up on the filin g of
s u ch complamt. the d efe nd a nt 1s prese nt a nd part1c1pates m the
he a nng. the :Vlum c1p al Cou rt Judge 1f otherwi se satisfied proper
cau e is s hown . may 1s u e a pe rmane nt r estrainin g ord e r .
Jrwe nile E valuatr:on:
1. The Judge of the Englewood Mumcmal Co urt may, in hi s/her
discretion order a JUVemle to obtain a n eval uation fr om the !81h
Judicial Di strict J uve nile Assess ment Ce nte r .
~. Action to obtain su ch r elief is imtiated bv filmg a co mplamt, dul\'
verified alleging that the defe nd a nt 1s a 1u\'entle that I at n s k
and/or a delinquent. Upon the fihng of s uch complamt a fter hearrng
the evidence and hemg fullv satisfie d therein that s ufficient ca u se
exists the Municmal Court J udge mav issue an ord er to h a ve the
juvenile obtain such an evaluation.
Sectjon 2. The City Council of the City of Englewood . Co lorado he reby a mend s Title
1, Chapter 7A . Section 14 , of the Englewood Municip a l Code 2000. t o read as fo ll ows :
l-7A-14: hnpBBi•ien ef8en~enee Probation.
Any person who pleads guilty or no contest. or 1s co nvicted of a violation o f
any provision of this Code , may as hereinafter provided , be placed upon s up e rvi sed
or unsupervised probation by a Municipal Judge for a term not to exce e d one yea r .
Probation status may be in lieu of or in a ddition to any fine or jail sentence impose d
for the violation and may include the alternatives in sentencing set forth in 1-7 A-I 5
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Sectjon 3 . The City Cou ncil of the City of Englewood. Co lorado hereby a mends Title
1. Chapter 7A , Section 15, of the Englewood :\'lunicipal Co de 2000. to r ead as follow s:
l-7A-15: Alternatives in Sentencing.
A. Within the limitations of the penalties provided for the offense of which a pe r so n
is found guilty or pleads guilty or no co ntest, a nd subj ect to the prov1 s ion s of
these rules, the Trial Court has the following alternatives, whi ch a r e not
mutually exclusive, in entering judgme nt and imposing sentence :
1. 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 prosec ution . may
defer judgment and sentence for a term not longer than one yea r .
4. The defendant may be sentenced to payment of cos ts .
B. The Municipal Court Judge may impose r eason able co nditions mcludmg t he
attendance of the defe ndant and the parent if the defendant is a rnvenil e at
classes or co unseling. upon suspended sentences and periods of probation and
revoke such suspensions and periods of probation and reinsta te any sente nce
adjudged or impose any authorized sentence for a violation of the co nditions.
Sectjon 4 Safety Clauses The City Council hereby find s. determines . a nd
declares that this Ordinance is promulgated under the general police power of t he
City of Englewood , that it 1s promulgated for the health . safety , and welfa r e of the
public, and that this Ordinance is necessary for the preservation of health a nd safety
and for the protection of public convenience and welfare. The City Co uncil further
d etermines that the Ordinance bears a rational relation to the proper legi s lat1ve
object so ught to be obtained.
Sectjon 5 Severabjljty If any clause , sentence, paragraph, or part of this
Ordinance or the application thereof to any person or circumstances shall for a ny
r eason be adjudged by a co urt of competent jurisdiction invalid . s uch Judgment s hall
not affect, impair or invalidate the remainder of this Ordinance or it application to
other persons or circumstances .
Sectjon 6 I nconsjstent Ordjnances All other Ordinances or portions thereof
inconsistent or co nflicting with this Ordinance or any portion hereof are hereby
r epea led to the extent of s uch inconsistency or conflict.
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Sectjon 7 Effect of repeal or modjfication The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release,
extinguish. alter, modify, or change in whole or in part any penalty, forfeiture , or
liability, either civil or criminal, which shall have been incurred under such provision,
and each provision shall be treated and held as still remaining in force for the
purposes of sustaining any and all proper actions. suits, proceedings , and
prosecutions for the enforcement of the penalty, forfeiture . or liability . as well as for
the purpose of sustaining any judgment, decree, or order which can or may be
rendered, entered, or made in such actions, suits. proceedings, or prosecutions .
Sectjon 8 ~ The Penalty Provision of Section 1-4-1 EMC shall apply to
each and every violation of this Ordinance.
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'" day of October, 2001.
Read by title and passed on final reading on the 15'" day of October, 2001.
Published by title as Ordinance No . _, Series of 2001 , on the 19th day of
October, 2001.
ATTEST: Thomas J . Burns. Mayor
Loucrishia A. Ellis. City Clerk
I , Loucrishia A. Ellis, City Clerk of the City of Englewood . Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by title as Ordinance No._, Series of 2001.
Loucrishia A. Ellis
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ORDINANCE NO._
SERIES OF 2001
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BY AUTHORITY
COUNCIL BILL NO . 63
INTRODUCED BY COUNCIL
MEMBER GARRETI'
AN ORDINANCE APPROVING AN ENCROACHMENT PERMIT AND INDEMNITY
AGREEMENT PERTAINING TO A RETAINING WALL AND FENCE IN THE
PUBLIC RIGHT-OF-WAY.
WHEREAS , Section 11-3-4 of the Englewood Municipal Code 2000 provides that
an encroachment into public right-of-way may be granted upon compliance with
certain terms and conditions and the issuance of an encroachment permit and
indemnity agreement issued by the City ; and
WHEREAS , the property owner has built a retaining wall and fence in the City ·s
publk Right-Of-Way along Tejon Street adjacent to the property located at 2001
V. est Baker Avenue without obtaining the proper permits: and
WHEREAS . the property owner was notified that the construction was in
violation of the Englewood Municipal Code and that an encroachment permit would
need to be obtained if the owner wished to keep the wall and associated fence in its
present location: and
WHEREAS , the City of Englewood received an application for an encroachment
permit from the Owner of 2001 West Baker Avenue for a retammg wall and fence :
a nd
WHEREAS . approval ofthis Ordinance will authorize an ·'Encroachme nt Permit
And Indemnity Agreement" formally recognizing the dimens10ns of the e ncroachme nt :
NOW . THEREFORE , BE IT RESOLVED BY THE CITY COUNC IL OF THE
CITY OF ENGLEWOOD, COLORADO , THAT :
Sectjon l. An encroachment for a thirty-nine inch (3 9") high retairung wall and a
six foot (6') high fence, as measured from the back of the sidewalk and co ns tructed
three feet (3 ') into the City's Right-Of-Way for Tejon Street as identified 111 ··Exh1b1t
A," is hereby granted .
Sectjon 2. The "Encroachment Permit And Indemnity Agreement" a ttached he reto
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 1st day of October ,
2001.
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Published as a Bill for an Ordinance on the 5th day of October. 2001.
Read by title and passed on final reading on the 15th day of October . 2001.
Published by title as Ordinance No ._, Series of 2001 , on the 19th 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 the Ordinance passed on final reading
and published by title as Ordinance No._, Series of 2001.
Loucris hia A. Ellis
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ENCROACHMENT PER)IIT AND l~-OEMNITY AGREEMENT
.,.,,
THIS AGREEMENT . made tlus ~day of 5 ,,~.:!.,•1,?..:.r . 2001. between the
CITY OF E::,!GLEWOOD . Colorado. a muruci p a l cotporanon. and THOi'vUS L.A.
JACKSON. the owner of a ce rtain parcel of real property legally describes as :
Lot 16 . in Block 2
Southlawn Garden Annex
and commonly known as : 2001 West Baker Avenue
Englewood. Colorado 80110
The City of Englewoo d . Colo rado. hereby grants to said owner of the property at the aboYe
described location permission to :
Install a segmental block retaining wall along Tejon Street adjacent to the subiect
address immediately adjacent to the sidewalk with a si.'C foot !ugh cedar woo d
privacy fence on top of the wall along Teion Street. The height of the r etain in g wall
may be no higher than tlurty-rune inche s (39") as me as ured fr om the back o f the
walk .
Thi s is an encroachm e nt of three feet (3') into the City R1ght-Oi-\\'a y o n Teio n Street.
The aforesaid property owner and their heirs and assign s unde rs tand and agree that:
1. Tha t this retaining wall and fence were co ns tructe by the Owne r without ob tammg
the required permits and variance . This e ncr oachme nt is herefo re co nditio ned on
the Owner's payment of all permit fees. penal tie and tine ue the City for the
construction of t hi s retaining wall a nd fe nce .
2. That the property ow ner shall obtain the necessary v:ina nces and permits re uired
pnor to constructi ng any fences or retammg walls m the public Ri ght-Of-W ay and
s hall co mpl y with all zorung and butldmg r egul:1t1ons for tlus zone d1stnct .
3 . That tlus permission 1s revoc able at wtll and witho ut cause by the City of Englewood
witho ut hearin g and witho ut notice other t han :S:otice of Revocation .
4 . That the property owner shall remove the retaining wall and fen ce fr om the public
Right-Of-Way within tlurty (30) days afte r re celVl n g :siouce of Revocation by personal
service o r certified ma i.l .
5 . That 1f the City e,·er dete rmines that improvements need to be installed along Tejo n
that may impact the wall or fence . that the prope r ty owner shall be responsible for
any increased costs incurred by the City for re moving or work.mg around the retaining
wall or buried sect10ns of t he old co n cre te retaining wall.
6 . That the property owner is es topped 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 m 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 satisfy any
liability arising as a result of this Encroachment Permit and Indemnity Agreement
and the City of Englewood shall be held harmless from any and all liabilities arising
from this action. A copy of an acknowledgement of coverage shall be provided to the
Drrector of Public Works.
9 . That this Agreement shall inure to the benefit of and be binding upon the heirs ,
executors , administrators, assigns and successors of the respective parties.
IN WIT~'"ESS WHEREOF, the parties have set their hands the day and year first written
above .
CITY OF ENGLEWOOD
a mumcipal corporation
ATTEST :
By :
Thomas J . Burns. :\,Ia yo r
By:-------------------
Loucnsh1a A. Ellis . City Clerk
PROPERTY OWNER
By : ----1~~~(4,i~L~:-,2.~====:::==========--
Thoma s L.A. Jack.{on . P)'operty Owner
2001 West Baker A~e
STATE OF COLORADO )
) ss .
COL'>JTY OF )
f-'1
The foregoing instrument was acknowledged before me this J.j_ day of
S+-k'1~-·,., ,;,< ,-, 2001 , by Thomas L.A. Jack.on as the property owner
of 2061 West Baker .-\venue , Englewood. Colorado 80110 .
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ORDINANCE NO ._
SERIES OF 2001
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BY A THORITY
COCNCIL BILL :-JO. 64
1:-JTROD ·cED BY COUNCIL
:\!EMBER GARRETI
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 Denver Board of Water Commissioners operates a municipal water
s upply system that provides water to customers m the Board's combined service area :
and
WHEREAS . the City of Englewood operates a municipal water supply system that
provide s water for its residents and others, as determined by Englewood's City
Co un cil : and
WHEREAS. the Denver Board of Water Commissioners requested trans fe r s of
water services in overlapping areas and areas which share common boundary Lin es :
and
WHEREAS , in the overlapping areas and in certain areas near those comm on
boundary lines, customers could be served more efficiently by facilities owned by the
other entity; and
WHEREAS , the transfer of water service for certain customers from one entity to
the other would eliminate the need for expensive and duplicative distribution fa cilities
and would also provide better service to those customers : and
WHEREAS . the Englewood Water and Sewer Board recommended Council approva l
of the "Transfers of Water Service" to allow the trans fers of water service between
Denver and Englewood , at its July 10 , 2001 meeting;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO. AS FOLLOWS:
Section l. The "Transfers of Water Service" between the Denver Board of Water
Commissioners and the City of Englewood for transfers of water services in overlappmg
areas which share common boundary Lines , set forth in "Attachment l ". is here by
accepted and approved by the City Council of the City of Englewood. Colorado .
Section 2. The Mayor and the City Clerk are hereby authorized to sign and a ttest
smd Intergovernmental Agreement on behalf of the City of Englewood .
Introduced . read in full. and passed on first reading on the 1st day of Octobe r .
2001.
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Published as a Bill for an Ordinance on t he 5th day of October. 2001.
Read by title and passed on final reading on the 15th day of October, 2001.
Published by title as Ordinance No ._, Series of 2001 , on the 19,b 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. Co lorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on fin a l r eading
a nd published by title as Ordinance No ._, Series of 2001.
Loucri s hia A. Elli s
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INTERGOVER."4MENTALAGREEMENT
TRANSFERS OF WATER SERVICE
This Intergovernmental Agreement is entered into this ..:d__ day ofX~tDCC ("' ~ 2 00 I. between the City and County of Denver . acting by and throug.'1 its Board of Water
Commissioners ("Board"). a municipal c orporation of the State of Colorado . and the City of
Eng!e•.vood ("E:iglewood"). a municipal c orpo ration of the Stat e of Colorado .
WHERE.\S . the Board operates a municipal water supply system that provides water to
customers in the Board"s Combined Servi ce Area : and
\\rHERE..\S . Englewood operates a municipal water supply system that provide s wat er fo r 1ts
residents and others. as det emuned b y Engle wo oa ·s Ci ty Co unc:l : and
WHEREAS . a portion of Eng!ewood ·s service area li es 'Ni thm t.h e Board·s Combined Se::-,.i ce
Are:i. so that the two servic e area s ove r la p :n some area s and also s l:are co m mo n b o undart
lines : and · ·
\\rHERE . .\S . in those over!a p pL--:g are:is :ind :.n ce:-..am are:is :1e:ir :hose co rr:r.:or. :iour:d :i_r::
lin es. cus tome rs located w1thm E ni!!e ·.voo c ·s o r :he Board 's se :--::c = are:i . res .::ec ~·:e!·:. co ·ld ::e
serv ed m o re efficie ntly by fa c:li u e s-owned b y the oL"le r e:itty : ar.d · ·
WHEREAS . the cr:insfe r o i ·.vate r ser .~ce fo r c e:-tain cu s to rr:e rs :ra m on e e:iar: to the .Jt!:e r
would elimin a t e the need io r e:c p e :1 S1\·e and dt.:plicauve dismbuaon fac :liue s ar.d wou d als o
provide better service to those custo mers : an d
WHERE..\S . coo peratio n among local go ve :-:irr:e:its to pro,i de servic es is e:ic our:iged b y
Article XIV . Se c uon !8(2)(a l of the Co lo rad o Con sti tution : and
WE ERE . .\S . E ngle·.voo d and th e Boan :! ·.,,sh to pro,ide a me~::arJsm to a ccom p li sh the
transfer o f ·.vate r se:-:1c e o i c ustomers be ~wee:1 the t•.vo e:it it:e s ·.vl:e :i e•:er suc:1 a transfer would
be mutu all y bene:ic1al .
NOW THERE FO RE . Englewoo d and the S oard a gree as foll ows :
l. Transfe~ Qf Wat ,:r Se !"'Ji ce. The transfer of taps fro m ·.vate r se::-,.'ice ;:,r o,ided b y
Englewood or the Board to wa te r s e:--:1 c e provi c!ed by the other e ::ac:; is here by
auL"l o riz ed. The transfe r m ust be a p pro\·ed by E:ig!e.,,·oo c ·s Cu:y Co t.:r:c: o r ..::e:r
d esignated repre se:itaave and the '.'v!anager o f th e De:ive r .V a ter Board. using :i :orm
to b e deve lo ped by the r .vo parJ es .
2 .
3.
Transfe mnii: En titv . The trans fer.mg e:iticy wi ll be res po n sible fo r p ro\iding
notice to the customer who s e ta p is be:.n g transfer.ed and fo r the cos t of physical
connec tions required to allow water to be supplied by the receiving entity. This
shall include the transfer of existing water m eters .
RcceiviO!l Entity. After the physical connection is co mple ted . the re ceiVi n g e ntity
wi.11 provide water service t o the cransfe:.ed tap . and b ill the c ustomer acco rdin gly .
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4. Payment of Tap Fees. It is anticipated that the Board and Englewood will transfer
custome.'"S 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 reconctlJation to determine if either party owes tap fees to the other. At
the end of each calendar year in which water ser:ice has been transferred under this
Agreement. the Board and Englewood will convert the taps each has transferred into
3/4 ind1 equivalents. according to the table attached as Exhibit A. If one entity has
transferred more equivalents than the other. then that entity Will pay the then-
current tap fee charged by the other for the number of e.'Ccess 3/4 inch equivalents.
5. Assiaorncnt. Neither party shall assign any of its lights and duties under this
Agreement Without the wrttten consent of the other party.
6. App!icabtc Laws. 1l1is Agreement shall be governed by and shall be consaued m
accordance With the Constitution and laws of the State of Colorado.
7. Teqnjnatfon. Tilis Agreement shall remain in force until termination by either
party With sL'Cty (60) days· notice.
APPROVED :
8y: (~~ )~ J,. ~bll~~~
~giJ Division
ATIEST:
By:--------------Louclishia A. Ellis . City Clerk
CITY ,\ND COC;',,7( OF DE'.'N C:K.
Acting by and through :ts
BOARD Of W,\":"C:K CO:\l:'1-II SS!O:'-JERS
REGISTERED .~'JD COL-:'-."TERSlGNED :
Donald J . :\!ares . Audito r
C it'! ar:d Cci.:ncy of De::\"e r
By: ____________ _
CITY OF E'.'JGLEWOOD
By:-----------Thomas J . Bums. '.',!a.yor
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12"
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PQtmur !NCY CRAR-r
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ORDINANCE NO._
SERIES OF 2001
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BY AUTHORITY
COUNCIL BILL NO . 66
l::,./TROD UCED BY coc ::-.ic1 L
:\lE:\IBER BR.-\.D S HA \\"
AN ORDINANCE AUTHORIZING THE TERMINATION OF A LEASE AGREEMENT
BETWEEN RADIO VENTURES (KQXI ) AND THE CITY OF ENGLEWOOD AND
THE CITY OF LITTLETON .
WHEREAS. the City Co uncil of the City of Englewood a uthorized the City to e nte r
mto a Lease Agreement with Radio Prope rty Ventures (KQXI ) by the passage o f
Ordinance No. 4-l , Series 1991 : and
WHEREAS . the City Co uncil of the City of Engle wood a uthorized a ··conse nt To
Assignment Of Lease" of tlu s property to ABC Inc ., Di s ney Company be in g the parent
co mpany to ABC Inc., by the passage of Ordinance ~o. 67. Series of 199 8 : a nd
WHEREAS , the lea ed p r o perty 1s situated w1thrn the boundaries of the Bi-Ci t y
Wastewater Treatm e nt Plant; and
WHEREAS . the Bi-City Wastewater Treatment Plant 1s movin g forward with
planned improvements associated with Ph ase 2 e xpan w n of t his facility wh1 c h will
re qu1re the use of the lea sed prope rty: a nd
WHEREAS , Section 10 of the Lease provide s that the Le ase may be t e rmin ated by
the Le ssor (Citie s of Littleton and Englewood ), when the City Co unct.! de te rmrn s tha t
public necessi ty and converuence requue 1t t o do so ; a nd
WHEREAS, the City of Englewood has de t e rmmed that public nece s1ty a nd
co nvenience require the termination of the Lease m order to allow for the pl a nne d
improvements associated with the Phase II expa n sio n of the L1ttleton/E ngl ewood
Wa stewater Treatment Plant:
NOW , THEREFORE, BE IT ORDAi. ED BY THE C ITY COUNCIL OF THE C ITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section I . The Englewood City Council he reby finds that the planned Phase II
expa ns ion of the Littleton/Englewood Waste water Treatme nt Plant will r equire the
use of all or a portion of the property now leased by Radio Property Ventures (KQXJ )
/ ABC Inc .. (Disney) from the Cities of Englewood and Littleton a nd therefore the
City Council finds that the public necessity and convenience require it 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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Sectjon 2. In accordance with Section 10 of the Lea se 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 n otice
terminating the Lease as of October 3, 2003 , given to Radio Ventures/AB C 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.
Read by title and passed on final reading on the 15th day of October, 2001.
Published by title as Ordinance No .~ Series of 2001 , on the 19th 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 the Ordinance passed on final reading
and published by title as Ordinance No ._, Series of 2001.
Loucrishia A. Ellis
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RESOLUTION NO._
SERIES OF 2001
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A RESOLUTION FOR A SUPPLEMENTAL APPROPRIATION FOR THE 2001 BUDGET
OF THE CITY OF ENGLEWOOD , COLORADO.
WHEREAS. the Englewood City Council of the City of Englewood . Co lorado. a pprove d the
2001 Budget and Appropriation Ordinance on fin a l re a ding on Nove mber 6 , 2000; and
WHEREAS . City Co uncil has discussed a nd me t with me mbers of the Metro Mayor s
Ca ucus at a Study Ses sion on August 20, 2001 ; and
WHEREAS, City Council discussed this iss ue again at the 2002 Budget Retrea t h e ld on
S e ptember 29, 2001 ; and
WHEREAS , the Englewood City Council des ires to make a $50,000 contribution to be
used for Mile High Housing Fund;
NOW , THEREFORE. BE IT RESOLVED BY THE CITY CO UN CIL OF THE CITY OF
ENGLEWOOD , COLORADO , THAT ;
Sectjon I. The City of Englewood 200 l Budget is her e by amended a s follow s;
GENERAL FUND;
Source of Funds ;
U nreserved/Undesignated Fund Balance
Use of Funds ·
City Council -Aid to Other Agencies
$50,000
$50,000
Seetjon 2. The Ci ty Manager and the Director of Financial Services a r e he re by a uthor ized
to ma ke the a bove ch a ng es to the 2001 Budget of the City of Englewood .
ADOPTED AND APPROVED this 15•h of October, 2001.
Thomas J . Burns , Mayor
ATTEST ;
Loucrishia A . Ellis, City Clerk
I. Loucrishis A. Ellis, City Clerk for the City of Englewood , Colorado , hereby certify the
above is a true copy of Reaolution No ._, Series of 2001.
Loucrishia A . Ellis
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Date
Oct obe r 15, 200 1
Initiated By
Departm ent of Fin ancial Servi ces
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COUNCIL COMMUNICATION
Agenda Item
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Subject
Pr o p osed res o luti o n to
appropriat e fun ds fo r Citv
Co un cil 's con tributi on to th e
Metro Mavors Caucus
Staff Source
Fra nk Gryglew icz , Direc tor
COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION
City Council has made improv in g h o using oppo rtuniti es a prio rity for man y yea rs. Co un c il ha s dis cuss ed
thi s particular issue num ero us t imes, and met with membe rs o f th e Metro Mayo rs Ca ucus at a stud y session
on August 20, 200 1. This issu e w as again dis cuss ed at th e 2002 Bud ge t Retrea t held o n Sep tem ber 29 ,
2001.
RECOMMENDED ACTION
Staff reco mmends Council approve th e attached resolution ap propriating $5 0.000 fr o m th e General Fund
undesignated/unrestricted reserves to inc rease th e Citv Co un c il's funds ava ilabl e fo r "aid to o ther
agenc ies ."
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Ci ty of Englewood like a number of o th er metro-ar ea muni cipa liti es re ce ive d a reba te fr o m th e Denver
Metropolitan Major Leag ue Baseball Stadium Distri ct. Representati es fr o m th e munici pali ties su gges ted
th e reba tes sho uld be pooled toge th er to be us ed fo r affo rdable ho usin g. After mu ch dis c ussio n, th e Ci tv
Counci l dec ided to provide $50,000 fo r this pro ject.
City Co unc il als o discussed o th er alternati ves and strat eg ies rega rding h o using and dec ided to in ves ti ga te
o th er funding o pportunities fo r Eng lewood-spe cifi c proje cts in 2002 .
FINANCIAL IMPACT
Th e tran sfer and app rop riati o n of $5 0,000 wi ll red uce th e es ti ma ted endin g General Fund
unrese rved/undesig nated fund ba lance to approximatel y $4 ,880,000. w hi ch is 13.8 percent of es ti mat ed
to tal reve nues .
LIST OF ATTACHMENTS
Pr oposed resolu ti o n
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COUNCIL COMMUNICATION
Date Agenda Item
Octobe r 15, 2001 10 C ii
Subject : Beneficial Use
Manure Spreader
INITIATED BY STAFF SOURCE
L/E WWTP Supervis o r., Co mmittee St u Fonda, U t ilit ies Direc tor
Jim Ta ll ent -Operati o ns D ivisio n Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council appro ed th e capi tal replace m ent of o n e m anure sprea der in th e 1001 b u dge t.
RECOMMENDED ACTION
Th e actio n recommended is to approve b motion the purchase of one, new manure spreader from
the only technically acceptable b idder, Knight Equipment Sales. in the amount of S21, 7 14.00.
BACKGROUND, ANALYSIS , AND ALTERNATIVES IDENTIFIED
Th e Littleto n /En glewood WWTP be neficia l use bi osoli ds program uses a manure spreader to app lv
domesti c w ast ewater bi oso lid s to perm itt ed fa rml an d. O ne uni t is c u rr en tlv scheduled for
replacement. Fi ve co mpetitive b ids were so li ci ted and three resp o ns es "ere recei\ ed, o ne oi
w hic h was a "no bid". A tec hn ic al eva lu ati o n and pu rc hase rec o mmenda tio n 1s att a hed.
FINANCIAL IMPACT
The Ci ties of En glewood and Li ttl eto n w ill share th e cos t of th is expenditure SO SO.
LIST OF ATTACHMENTS
1. Bid Pro p osa l Tabulati o n
2. Tec hni c al Eva luatio n
3. Recommendatio n fo r Pur chase
4. Capi tal Outlay Requ est
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City of Englewood Bid Tabulation Sheet
Bid Opening Date: September 27, 2001 10:00 a.m.
ITEM BID: Re-Bid Manure Spreader
d Ven or s d Manure ,orea er
Knight-Botech $22,714.00
701 Cherry Ave.
Greeley, Co 80631
970-351-0444
Potestio Brothers $9,898.00
10920 Longs Way
Parker, CO 80134
1303-841-2299
Universal Tractor Co.
815 Wadsworth Blvd.
Lakewood, CO 80215
1303-233-4666
Strasburg Equipment Co .
4225 N. Strasburg Road
P.O . Box 237
Strasburg , CO 80136
800-322-4207
Wickham Tractor Co.
15447 Hwy. 34
Ft. Morgan, Co 80701
97o-867-5669
N/R = No Response
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T ota f xcept10ns:
$22,714.00 See Exceptions section.
Warranty information not included.
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$9,898.00 See Exceptions section.
Warranty information included.
A proposal sheet was hand delivered at 11 ::1 .5. II was not
N/R in
a sealed envelope. It is a no bid .
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Knight
Spe c ifica ti o n Equipm ent
Sal es
Manuiacturer Knight-
Botecl1
Model 8024
Minimum capacity Yes· 321 (str uck) 300 cu ft
Maximum height 77 80 inches
High floatation
under-carriage and Yes tires , utilizing
tandem axles
PTO speed Yes 1000 RPM
Interior coa ting,
ca p ab le of Yes withstanding
material pH .
Excep tio ns FOB Greele
1 year o n u111t
Warrant\ 7 ea r rust
thru
D e li very 6 wee ks
3 Refere nces Yes (3)
• Price $2 2,7 14.00
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Te c hnica l Evaluati o n
Manure Sp reader Re -bid
September 2 7, 2001
Vendor
Po testio Universal
Bro th ers Tract o r C o.
New H o lland
195 -
o · 272 o Bid
57.5 o Bid
Yes o Bid
Yes I I O Bid
,e , 0 Bid
o t sold thi s
size spreader o Bid
b efore
1 \ ea r o n
Ufll t
60 da s No Bid
0 o Bid
o Bid
$9,898.00 No Bid
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Strasburg
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Wi kham Eq uipm e nt Tracto r Co . Co
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1 o Respo nse 0
Respo ns e
o Res p o nse 0
Resp o nse
o Resp o nse 0
Resp o ns e
1 o Res p o ns e I 0
Resp o ns e
I
N o Res p o nse 0
Response
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N o No Response Resp o ns e
No Resp o nse 0
Resp o ns e
o Response N o
Respo nse
N o Resp o nse 0
Response
N o Re spo n se I No
Res ponse
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MEMORANDUM
To :
From:
Date :
Subject:
Dennis Stowe, Plant Manager
Jim Tallent, Operations Division Manager
October 2, 2001
Purchase Recommendation for Manure Spreader
On July 3. 2001, a request for bid was sent out for purchase of one manure spreader for th e
Littleton/Englewood Wastewater Treatment Plant. One resp o nse was rece ived and w hil e
conducting the technical evaluation , it was determined that the bid unit was too tall to be
accommodated in our program .
Bid specifications were re-e va luated and modified to f uncti on wi th o ur program. A second req ues t
for bid was sent to five ve ndors for purchase of one manure preader. Two vendo rs resp o nded
with a bid and another ve ndor responded with a "no bid ". There was no resp o nse from the o th er
two ven dors .
Submittals were reviewed and a technical evaluation has been co mpleted. One unit, as bid. is
technicall y acce ptable.
I re co mmend purchase of one, Model 8024 Pro Twin Slinger Spreader from Knight Equipment Sales
in the amount of 522 ,7 14.00 . This spreader will repla ce Uni t #84::! .
This purchase will be ch arged to account number 11-03 -4 4151 ior th e L/E W\•VTP .
Cc Betty Goosman, Lead Bu ye r
Kevin Engels , Accountant II
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OPERATING CAPITAL OUTLAY RE QUES T
! Department o r Fund : L/E WWTP I Div isi o n : 11 -03 -441 5 1
D escriptio n of eq uipm en t o r object expenditure:
Manure spreade r
Exp lan at ion o f n eces sit y o r benefits of this expenditure:
Rep lace 1995 unit #8445 . Uni t in c urrin g high repair co sts fo r age .
Total cos ts of placi ng
equipm en t in full o perati o n :
Estimated Costs U nit Co st To tal Cost
Purchase Price 45 ,000 45 ,000
Installation
To tal 45 ,000 45,000
Less Trad e-In
Total Net Cos t
Annual Ooeratirni. Cost
Total First Ye ar Cost
)
Is this expenditure neces sa ry because of increased personnel ?
No
Recomm endation for equipment displaced :
Trade or heavy equipment au ction
Approxi mate date of purcha se :
Summer 200 1
Lis t and describe similar equipm ent in depa rtm ent:
Purchasin g Agent 's Commen ts:
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Ci ty Manager 's Re view: Approved: __ Not Approve d : __
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COUNCIL COMMUNICATION
Date Agenda Item Subject:
10 C iii
October 1 5. :W01 Purchase Front End Loader
INITIATED BY: STAFF SOURCE:
Department of Publi c Works Ken Ro ss , Direc to r oi Public\ o r~s
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
There w as no previo us City Council action .
RECOMMENDED ACTION
Approve, by motion, the purchase of one Volvo LSOD front end loader from Power Equipment
Company in the amount of $72,444.00.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Publi c W o rk s Streets Division c urrent! util izes a front end loade r ve hicl e for co nductin g m anv of its
dail y projec ts . U nit o . 3 18 1 was o r iginal! scheduled fo r replacemen t in 2003 thro ugh th e Capi tal
Equipm ent Repla ce m ent Fund (CERF ). H owever, d ue to an unexpected transmissi o n breakdown in th is
ve hicle , it wo uld be m o re feasib le t o use budget ed CERF ''lem o n " funds for imm ediat e rep la c em en t o f
th e ve hicl e. Esti mated co st for repla ce m ent of th e transm iss io n is $20,000.00.
FINANCIAL IMPACT
Request for Bids were sent to fi ve (5 ) vendors; fo ur Bid Propo sals were re cei ve d .
Wagn er Equipment Company
H o nnen Equipment Compan y
U ni vers al Tra ct or Company
Power Equipm ent Co mpan y
$100,350.00
86,800.00
82,085.00
72,444 .00
Power Eq uipmen t Company, the low bidder, ha s ag reed to ho n o r th ei r b id price submi tt ed in April ,
200 1, fo r repla ce m en t o f Unit No. 3 16 7. That bid from Power Equ ipm ent Compa ny includ ed b ids fo r
two differen t m o dels . One bid co mplied w ith City technic al requiremen ts, th e o th er d id no t. Th e
lowes t tec hnic all y accep tabl e bid, from Power Equipment Co mpan ,, is in th e amo unt of $72 ,444.00.
LIST OF ATTACHMENTS
Bid Ta bul ati o n Shee t
ummarv Specifica ti o n Sheet
Bid Proposal from Power Equipment Compan
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City of Englewood Bid Tabulation Sheet
Bid Opening Date: March 26, 2001 9:00 a.m .
Bid Item: Four Wheel Drive Loader
Vendor
Power Motive Corporation
Attention: Don Anderson
5000 Vasquez Blvd.
Denver, CO 80216
Universal Tractor Company
Attention: John Thompson
815 Wadsworth Blvd.
Lakewood, CO 80215
Wagner Eq11i11111ent Company
Attention: Jim Webster
P.O. 801t 17620
Denver, CO 80217
Honnen Equipment Co.
Attention: E,y Graham
5055 E. 72nd Ave.
Commerce City, CO 80022
Power Equipment Company
Attention : Rick Johnson
P.O . Box 28
Oenver, CO 80201-0028
NIR = No Respon&e
Shop
Four Wheel PARTS Service
Drive Loader MANUAL Manual
NIR
$81,835 .00 $125.00 $125.00
$100,100.00 NI C $2 50 .00
$86,800.00 N/C N/C
$69.914 .00 N/C N/C
$72,444 .00 N/C N/C
Total
N/R
$82,085.00
$100,350 .00
$86,800.00
$69,984 .00
$72 ,444.00
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E1tceptions :
None Listed. Se e Specifications
e xcee ded notes . Also optional
a ttachments and cost.
Seo e xce ptio ns
Exc e plions a s li s ted.
Bidti received on two different mode ls .
See additional Information. 0
FOUR WIIEE I OR IV E I OAOER TAil
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STATE AWARD
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SERVICENTER GARAGE
SUMMARY SPECIFICATION SHEET
FOR
NEW VEHICLES
YES
IF YES , AWARD# ____________ _
MANUFACTURER OF VEHICLE _._()<-.Jn~l-o..,.o,c_.. _____ _
MODEL OF VEHICLE ____,,L=.......:5~D::....cl2::,w__ _______ _
AIR CONDITIONING
AUTOMATIC TRANSMISSION
POWER WINDOWS
POWER DOOR LOCKS
4 WHEEL DRIVE
ALTERNATIVE FUEL OPTION
C E R F REPLACEMENT
NEW ADDITION TO FLEET
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YES
YES
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YES
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YES
NO
NO
NO
NO
DEPARTMENT VEHICLE ASSIGNED TO -'0"""'--"J""'-',3L-'J.,__ ___ _
COMMENTS :
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Hi'lv l1ac.L oft OCl[{lZta I b,cl 4/Lb!Ot .
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FOL"R W"HEL DR.Iv= LOADER
Minimum Specific:uions
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1. Suc:essfuJ btdde:-shall provide a one (!) day session of ope:-ation and se:-vice training (6 hours
minimu.-n ) at a murually agreed upon rime and place .
2. Suc:essful bidder shall provide a list of pans that will be Stocked locally or give 'wTinen
g'..!1.":i!:tees of pans de!ivery time and shall list field se:.ice availabiiity state..,,ide .
3. Suc:essful bidder shall provide tv.-o (2) copies of all ;::arts, shop , se:-vice Jnd ope::itions manua ls
at :ime of delivery . Payment for the complete unit shall be \,ithhe:d until such has been
de!iv ered.
4 . Toe ::-OCR w "HEEL DRIVE LOADER shall be new and of the :nanufac:ures most cur.ent
mode ! unless otherwise authorized and approved by ,he Ciry of:::igiewood.
5. 7he ?OCR v.:~-lEEi.. DR.I\ c i..O.~..Dc.:\ shall mee, ail Seate and ?e::e:-a! regub:ions .
6. The FOL"R WHE::L DRIVC: LOA.DE.:\ sha ll ':le paime:: ac:ording to opt io ns (inc!ude color
opr;ons , if available ) provided by the maoufac:-ure:-.
i . ne :OCR w ni:i:L DR.. 'VE LOADER shall oe asse:-r.b lec. se:-v·iced anc ready to be placed in
se:-·v ic e upon dei i\'er:v.
8. Vendor or manufac:urer must. at the re:,ue s, of the C:ry of:::iglewooc.. de:nonsrr:l!e the loace:-ar
a oc a:io n chose:1 by the customer and in the prese:::.ce of author.zed customer re;:,rese:irarive s :o
pro\·e ou· any features which ma y be in question . Fa ilu re of the de:nonsrrar ion unir to meet
m:r..:.-::u.-::. custamer requm::nents rr.a y be reason for not award ing the bid as proposed .
9 DELIYERY : Cnit de.ivery time \\ill nor exceed 90 days afte:-order is placed.
10 PRICE QrOTI: Price quote will be va li d for 60 days.
1 1. W . .\.RR.\'.'iTY: Shall be the manufac:ure:-s starn:iard and shall be spe::ific where coverage and
re spor.sii:1hri es are concerned. Warra.'lty work shall be done 'with no expense incu.'Ted by the
City of ~nglewood (example : trucking back to vendor or fie!d me::har.ic :-nile:i.ge. ere.). The
wa.-:-ar.:y start date shall be the date the FOL"R \.\-1-fl=-=:i.. DR.I\ c LO.~..DER is delivered to and
ac:e;,t:::: for payment by the Ciry ofi:nglewood.
1 :. V;:::cor will provide ne::essary manufacrure:-s lit :~rure to doc:im;::1t all spe::ificatioo
cor::;,i ;J::ce . Vendor wili highlight indicated spec ificat ions and. or spe::iiication deviations
6:~::::\ LD his li te:-arure .
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FOUR \\'"HEEL DRIVE LOADER
Minimum Specifications
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13 . Toe prospective bidders shall separately record any proposed specification deviation from that
listed by the City of Englewood specification and shall furnish as part of this bid proposal,
catalog, information and specification sheets which fully descnbc the FOUR WHEEL DRIVE
LOADER and proposed specification deviation.
Meets Pt Excaads All Specifications
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FOL "R \VHEEL DR1 'E LO.DB.
Minimum Spec ifi c:irions
l. GE'.'""ER.\L: Toe inte:ir of this spe::ificarion is to describe an artic:llated, four-wheel drive,
rubber tiied Ioade:. The loader will be equipped \\ith a hydnulically de:achable , hook-on, and
l. i5 cubic yard minimum bucket Toe loade: will be equipr:ed '.l.ith automatic bucket lev eling,
a bucket level position :ndicat0r and adjis.able boom lock-out . Toe loader should be equipped
\\1th hydraulic ope:-ated, hook-on conne~ions to allow quick cha.11=:: of varied anachme:its .
Maximum loader height will not exce:d 10 fee: 6 inches . lnit mus, be capable of cleari.ng a
trailer sidewall height of 10 fee:, 1.1,ith a fully loaded buck (ve:idor to specify this dime:ision in
attached !ite:arure).
The loace:-'.1.-ill be new , unused, and of th e manufac:-we:-s· c:.irre:it production moce ! (state how
long the partic:.ilar mode l proposec has been in production ) . .AJl items categorized. as sta!!dard
equi:;:,me:it on the equipme::it sp::1fic:inon sheet 1.1,i J be pro,·i ded. ~Iare:ia!s used shall be at
leas· rnirurnu."D srancar.:s and of a quality cur.e:lt 'y used commercially , confor.n in = to c:irre:it
eng,_11ee:"in= and ma.11utac:uring prac:ices . All compone:its of rhe loac:e~ shal be of prope:-size
ar:c: desi~ :o safe!v 1.1.~:.,s.:.1.':d the m:?.."<.:r.:~":: ;r:-esses in:cosed .. .l.J. a:::i c~.r.:e:::·s. ac:essor:es.
to cis or ~t.fie:-compone::ts :lOrma lly fi.i.'":"..:sl':ed :or the e:ricie:it o pe:-a,ion of :i':e loace~ shall be
inc !u ced .. .e.JJ hydraulic .:y'mders shall ha,·e ie-:;:,ack CJFab ihry . Eycau.ic sys,e:n is ;,re:e::-ed
to ha"e add-on capability for other func !Ions.
2. \\ "EIGHT: Operating we:ght sha ll be a minimum of I i,000 _pounds anc \,ill nor !xceed a
ma."<.:mwn of 24,800 pounds if counterwe ights or tire ballast is required . V !:.dor shall pro\ide
ra r:::gs for bre:i.kour force 1nd operating capac:ty (s..1:ic tipp i:1:: oac:~ fo r srrai=ht and an=le:i
ope:-ating conditions
Dcs-:':':;::io n. ____ ~~ ..... e .... e~-~· ..... o..,;~;"'x"'' .... g-=-"r,._; s ...... ·=·~· ...... s .... :i'""""'C-'.,.:.a;_,._c ... = =-=' "-'='=·s._ __________ _
.3 . BlTKE T: Shall be gene:al pu.'J'OSe, and haYe a minimum capac iry of l.75 cubic yards . It
sha!. include a re:;:,lace:ibie . bolt-on cutting edge and bolt-on tee:h am:! se~e:its. Shall have a
mri-:ium du."Dp he:ght of 8 fee: 4 inches a: an angle of 45 degrees . Shal i have automatic kick
ou: 1t ~J I lift heig.lir and automaric buck:: ;,os itio ne:-.
Desc.:i~t io n: _____ .. ::i.,..e.._e= .. 5..__.o..,;~;-:-:-;-e=e .... si ... •~A-'-· 1~s ... 2.., ..... r_,_:_,..,c_•.,.t-'~r...._s __________ _
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FOL "R 'JiHEL DR.IVE LOAD EK
Ntinimurn Spec::ic:n:ons
4. I~Gf.\"l:: Shall be a 4 cycie , rurboc:iarged diesel >with a minimwn I 00 net flywheel
horse;:,owe:-at gove:-ned RPYL A low exhaust emission (compliant with 199i EPA air quality
regulations) engine is desirable. The engi.ne will be liquid cooled (antifreeze to -40 degrees
f.), electrics~. pressure lubricated with full flow fiite:-s. have dry , severe service air cle:iner
and full insrrum em panel '-"ith fue!, water and engin e oii pressure gauges. engine hour meter,
volt mete:-and a master ele:::ric:u system disconnec:. Vendor shall specify rate of fuel
consumption under full workload conditions at gove:-ned rli'Yl Coit shall have rain cap if
ma1gbt ve::icaJ exhaust is used. Unit shall have cold we:uher srarjng aid conuolled from
within the c:ib and 110 vol: engine block h~ter. The unit shall have automatic shut dov,111 for
high engine temperature or low engine oil pressure (alarm indicato r for the condition ), or an
audible warning :il:irm (pie:ise spec ify wiuch is ins..llle::).
Desc:-iption : ___ -'~'-'-.e=-e=-·=--Sa....;0:..-.... -'::"')"':::..e:..e:..c"'s"-'.-"''.·=-:=--'s:..,o:..,e:..,C'-'::..,·:'--'·:e.;:C:.:a:..a::..a·:.:~c.:."-:.:Sc__ ____________ _
5. TR.\'.'-S~nSSIO~: !-:yc:ros :.:rnc d..,ve tra:!Si'il iSsion wi:n ;ing !e le,e:-slun cor.tr o'. 1nc :u)·. ~ow
sped ranges.. It sh.al be rri.lilu::ic:-..ire:s sw..1.:arc powe: s:-.;n :ype \,iili a .l!l.Jru:r.ll!:l '."\NO , :_i
for-.\·ard speeds 1nd one { ~ , r:v::-se spee~ ,:;,lease spec;:7y , anC shal 1 I'Hl\·e l :1e~rr:tl s~:i.r:
pro\lsion .. .1. reve rse 11eor \\aIT..!::1 1! ala.-rr. is ~e::uired. T~az:si:-jss io n ;;-:ouJd al !o v, rai:=e a.-:::
dire::tion :!i:m=e ai fu il eng;n:: oper:mo n ; C:::7ionst:a:ie ;:r:or to purchase ;. L·mt \\1!1 ha·,e
'·freewhee:in _·· transroiss 1o r. 10 allow unc ow erec loadi.n11 omo a :la·:,ec rrai ·::r throu-1: :he ..ise
of a \\inc:i . -~ tr:i.nsm1ss,on oil coo ler \\1. l be provide::. -C ni, sha ll ha,·e one of j;e :.;ee
fo ll0 \\·1·nc--rote~·1on 5·;5 ·~~< for ~~11 1vs f~n ·, to· monury -,-<-·,s·on ,g.,-,-0 •,·,·,-0 "n •' "'r 0 s·1 ••0
: :" ... ,. • """'•••-... ":-1,. .... L t .\..t ·•-··-''··-1 •"-•••y'-·-....._ _ _,. ._ f"' ._ .:)_._
(?i :::ise spec:=:: J.
I. .. ~uto sh ut .:iO\\n for high te:nper:i.ture or low 01 ;,ressure . ., Auto siuft to neutral for high tempe~arure or low oii ;,ressure .
. . L ghr \\ith 1udible ala.i-:n for high te:nperanire or low oi l pressure .
Desc:i pti on: ___ .:.:~c:e..::e..::.::s--=o..:r--=E~xc:c..:e..::e.:c..::s__,_,A""l-=--=S-=:,-=-e.::.c .::..:.:.:i .:.c.::.:;..=.: .:.: =-=-:.:.··=::.· --------------
6. DIFFERI'.\iULS/A .. XI.ES: Sha ll be manu:acrurers st.:.nor:i. Inc ic:ite whethe~ uni I has
limned slip differential. differential lock or other type of de·:ise to reduce wheel spin .
Descriptio n: ___ __..;c~;;..;e'--'e'--':;.;:s:........;o'--'::-:........;E:.;;);;..;:c'"'e'"'e'"'cc..c· s'--'-A-'-'.:.c..c:'----'S'"':,-'e"'c"':.;.;::....;i;.;:ccc:,....;:cc:.;.;;:,-".:c::s _____________ _
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FOL"R W""E-lE::L DR.IVE _OADE~
~finimum Spedications
7 BR.\lu:S : Se:;..ice br:tl:es shall be four-whee! ;,owe: boosted manufac:ure::s standard on all 4
wbee !s (pi e:i.se spe:::~)-Puking brake shall be hand !eve:, foot lever or ele::rronic:illy appl ied
v.itb warning light andior audible alarm when appl ied with transm iss ion in gear . Secondary
brak:ng sr.a ll be ma.nufacrure:s stand:ird (ple:i.se spe:::f':)-
.. ~r TER.'\".-HES PROPOSED Sr..:l..LL MET ~1Ml.:vf S?ECITTCATION
Description : ____ ... ~,,.e"'e'-":"'s.....::.o.:..r_E:a:"'-:;:::.:e::.:e::.:c.::.:· s'-'-A"":."':..'"""'S ... o ... e=-= :.""'· =::.:· :.::.:· c:.:s::.:::.:::.:.:o:..c::c.::s ____________ _
8. STEHU~G: Shall by hydrostatic ar.icularion -minirr:urr. 35 degrees (ple:ise spe::ify ). Shall
ha ve dead e:igine stee:ing capability .
Desc:i!=t io n: ____ ..:..:-1:.::ec.:::..:c:c:;s -"-o -'--::-:-'--:_·:c-'e_e_c._· s_A_:._l _S_:i _e: ,. __ "'": :-'· :-'-· :'-s-':'""::.'"";)-"::-"s------------
9. TIRES: Sha ll be minimur:i 15 .5-25 12 PR.. L2 .
De sc:-iprion : ____ ~~-'-'.e'""ec..c:"'s~o..:..-::_E_:.::_c 0 __ e_c._· ;;_A_:._l_S_:,_,._=_::._:_:.c_e_:_:._· o_r_.s ____________ _
10. CAB: Sha ll meet OSH..1. and MSE-\ require::ients for ROPS and ope :ator sounc: ex;,osure
limits in e:fe::: at th e time of manufacture . It shal l include a suspe:ision, adjus:abie ope:.uor"s seat
"'-ith se:l! be !·. an e:ne:ge:ic y exi:, heater, defrost:: for al l '-"indows , air concitio ri.i:ig , front and re:ir
.,.,;r.c:s i11e ld \1,ip e::s , front anc: re:lr haloge:J work li ghts rurn signais with .!-wa y ;-ashe:s , in -cab rear
vie•,,; mtr.or, cao beacon li!!:ht , exterior rear view mirrors 2 ), a.'"n-fm radio , a.rid access ste;,s .
Ope:ator c~i:, pref'e:red to be mounted on the re:u-(motor side ) ar..icularing portion of the unit .
Desc::i:non : ____ -'!.f:.::.e::..:e::..:::..:s=-:o:..:-::-""E::.:x-=-c-=-e-=-e-=-ci =-s-'.'-'-"':::..:l=-=S:..:o:..:e:..:c:..:::.c.:.:-=.:..=.::=.a .::.::.::.o::..:r::.:.s=--------------
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FOUR WHEEL DRIVE LOADER
Minimum Specifications
10 . MISCELL4NEOUS EQUIPMENT: The unit shall have front and rear fenders, front
mudguard, and engine comparanent side shield panels . The unit will also be equipped with a
l'C3l'-mounted drawbar, tie down hooks for transporting the unit on a flatbed trailer, vandal
protection and a SMV emblem. Fuel Wik capacity to enable machine to operar.e 12 hours
minimum between refueling. Please include the follo"wing information and pricing:
• Equipment options and specific pricing for each, installed.
• Optional front-end attachment brochures and pricing.
• Cost for extended wammty.
AL TER..'lA TES PROPOSED SHALL MEET tvm-.JMUM SPECITICA TION
Description:
l Year/ 2500 Hour Full Warrantv -Scancard
3 Year / 3000 Hour Full Warrantv -S l ,4 50.00
5 Year / 5000 Hour Full ~arrantv -53,2 00.00
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BID PROPOSAL
FOUR WHEEL DRIVE LOADER
Item
& Description
I. Four 'Wheel Drive Loader
2. Parts Manuel
3. Shop Service Manual
Al.I. \U TERI.U. F.O.B. CITY OF D'Gl[WOOD
2800 South Plane Rive: Dnve
Eng lewood, CO 8011 0
Estimated
Ouanritv
I
TOTAL
Volvo
L45
Bid Price
Volvo
L500
Bid P"=i~:
S69,98 4 .00 s ;:,444.00
S I;;,c 1 "d"" I:icluded
S 69 .984 .00 s ;:,444 .00
Invoic ing te:-ms __ ::.;.'.'ie=-t=--=3:..::0c..... ________ Price quo te finn for --""'60""----days .
Exc::ptions :_.....:..:M.,.e""e"'t s~o""r'-"E...,x..,c""ee""d...,s.....,,A,..·~1__..s¥-9,:,,.c;._·_· ·~· ... c; ... ,_-_, " .... '" ....... --------------
BY:
Marc:i 23 . 200 . , ~7 I Date
"'un ;c: ... 22 1 Sa l es '(.a,naa:0 ,...
Title
Powe:-ECJui:,ment Comtlanv
Company
P.O. Bo x 28, Denver. Colorado 80 °0 1
Address
30~-?~8-:i 8 Q1
Telephone
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O RDI 1 Ai CE NO ._
S ERIE S OF 2001
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BY AUTHORITY
COUNCIL BILL NO . 36
INTROD UCED BY COUNCIL
l\,fE ;'vIBER YUR CHI CK
AN O RDI NA N CE AMENDI NG TITLE i , CHAPTER IA . O F THE E NG LEW OO D
M NICIPAL CODE 2000. PERTAI NING TO DO GS A ND CATS .
WHEREAS , the r eco mme nde d time be tw ee n vaccrn a n on s fo r dogs a n d cats ha chan ged
ove r t ime ; a nd
WHEREAS . t his Ordina n ce will update the dog a nd cat r egulation s to r e fl ect t hose
ch a nges; a nd
WHEREAS , the Englewood Co de Enforcem e n t AdV1 sory Co mmittee h as r ev1e wed the
c urre nt d og a t la r ge provisi on s of the Engle wood :Munici p al Co d e a nd h as determ rn ed that
co ntrol by vo ice co mm a nd h as prove n ina de qua t e to m a m tain co ntrol of dogs wh en the d ogs
are a way fro m the p r e mi ses of t h e owne r or keepe r : a nd
WHEREAS , t h e En gle woo d Cod e Enfor ce me nt Adviso ry Co mm ittee h as recommended the
City r equi r e t h at all dog be on a leash whe n a way fr om t h e p r e mi ses of the owne r or ke per:
a nd
WHEREAS . t h En gle wood Co de Advisory Co mmittee ha s r e vi e we d the cruelty to dog a n d
ca t s pron s1on s of t h e En g le woo d Municipal Co d e a nd reco mme nd s modifi ca t io n s t o prope r ly
car e fo r s uch a mm a l :
NO \\', TH E REFO RE , BE IT O RDAJ NED BY THE C ITY CO "NC IL O F TH E CITY OF
E :-S G LEWOO D, COLO RAD O , AS FOLLOWS :
~-Th City Co un cil of the Ci ty of En gle wood , Co lo r a d o he r e by amends T itle i .
Ch apte r 1A . Section 1, of the Engle wood Muru c1p a l ode 2000 . to re ad as fo ll ows :
7 -lA-l: Definitions.
For t he purpose of t hi s Article , ce r tarn te rm s a nd word s a r e h e r e with defi n ed a s
fo ll ows :
Adjoini11g Owners , Resid ents: The owne r s a nd r eside n ts of la nds t h a t are s u p po r t e d
by a com m on bound a ry line .
. litt.118' C61tl1'8l (}ffi,ttl': The perMln tir peretin s empti erefi. B) the Cit) t 8 e nferee t h e
fl •e ~s1e ns tif thie ld'tiele .
Ani mal Shelter: Any premises designated by the City fo r t h e purpose of boa r d m g a n d
caring for any animal impounded under the provisions of thi s Articl e or a ny othe r ordrna n ce
or law of the State of Colorado.
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Attack: Any d og or ca t that. without provocation, including the definition from
Sect10n 7 -lA-IO(C) EM bites or attacks hum a n be ings. or in a vic10us and terrorizing
manner attacks, or approache s in a n a pp a re nt attitude of a ttack. a perso n anywhere within
this City , or a dog or ca t that runs after a nd bites, barks or growls at a n y other arumal.
bicycle or any vehicle being ridd e n or dri\'en upon the streets, s idewalks or any public ground
or oth e r place open to the general public w1tlun tlus City.
Cat: A domesticated carruvorous mammal Felis Catus. This does not include any
felidae not domesticated such as lion . tiger, wildcat, etc. which are included witlun the
provisions of Section i-1 C-3 EM_C .
Dog: A carnivorous domesticated mammal of the canine species, Canis Familiaris
and the product of Canis Lupus having been bred Canis Familiaris. The following a r e
excluded from and are not a part of this definition: Jackals; foxes ; and related arumals : a nd
wolves, Canis Lupus all of which come within the provisions of Section 7-lC-3 EM C.
Dog or Cat, Castrated Male (Neutered): Any male dog or cat upon which a lte rnatJ\'e
surgery of the genital organs has been performed by a licensed veterinarian and
accompanied by a certificate asserting such operation has been performed.
Dog or Cat, Female (Not Spayed): Any dog or cat of the female gender upon wh1 ch no
alternative surgery of the genital organs has been performed.
Dog or Cat, Female Spayed : Any female dog or cat on which an O\'ariotomy or
ovariohysterectom y ha s been performed by a li censed veterinarian and accomparued by a
certificate asserting such operation has been performed.
Dog or Cat , Male (Not NetLt ered): Any dog or cat of masculine gender up on which n o
altern ative surgery of the genital organs has been performed .
Dog or Cat Owner: Any person keeping, harboring or having the full or temporary
care of a dog or cat at the time any violation of this Article is committed.
Dog or Cat , Stray and /or Running at Large: Any dog or cat within the City limits ,
outsi de of owne r 's property, unacco mpamed by owner as defined herein .
Gr ievous Bodily Harm : Bodily in j ury which involves a substantial risk of death ,
se rious permanent disfigurement, or protracted loss or impairment of the function of any
p a rt or organ of the body .
Guard or Attack Dog: Any dog trained to attack a person , or acquired for the purpose
of patrolling property or attackmg any pe r son . Also incl uded 1s any dog whose actions have
previous ly resulted in a conv1ct1on of its owner of a violation of Section i-lA-10 EMC-8&.
Hobby Breeder: Any person who , outs ide of lus regular co urse of employment. is
bree ding purebred dogs in an attempt to improve the breed through co n troll ed propagation.
thus achi eving car efull y desired qualities and traits.
Ke ,ui els or Catte ry: Any place where dogs or cats are born. bred. raised , boarded, fed
or sold , for a ny valuable consideration , but sh all not include a household which sells only the
offsp rmg of a female dog or cat marntamed so lely as a family pet.
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Rab ies: A vira l e n ce ph a bus , a lm ost a lw a y s fa t a l to bo th wild a nd d om e u c a rum 3 Js.
t h a t m ay a ffect a ny warm -bl oo de d a rum a l but 1s m os t comm on rn ca rnjvor es a nd ne w wor ld
bats . In the Urute d Sta t es. fo xes . s kunks a nd racc oon s a r e t he mai or wild ca r111 vore hosts.
though dom esti c dog s a n d cats re m a m the most imp or ta n t so urce of human e xpos ure .
Se ction 2. The City Co uncil of t h e City of Engle woo d. Co lor ado h e r e b~, a me nd s Tttle 7,
Chapter lA. Sect1 on s 2 a nd 3. of the En gle woo d '.\lurucip a l Co d e 2000. t o r ead as fo ll ows:
i-lA-2: Running at Large Prohibited .
A. Dog s a t La rge. It s hall be urilawful for any owner or pe r so n having the ca r e. custody
a nd control of any d og t o a ll ow s uch dog to run a t la rge rn the City . ttHl ess s tteh fl e g
is tt11fler tl!e resse Hsele eeHtrel ef stteh e .. Her er JlerseH .
B .
-h For the purpose of this Sec tion . a d og s h a ll be d ee me d to be runnrng a t la r ge
wh e n off or a way from the pre mi se s of the owne r . possessor or kee pe r the reof
a nd n ot ttnfler the ee,nrel ef stteh a .. ner, Jlessesser er l,eeJler ... ha s hall ee
eempetent te eentrel stteh deg sHfl .. he 1'1'18_. l,e rettttirefl te flemeHstr!lte ts a
l'IIEl'lleer sf the G,t_ · Perse11P1el. h,s er her ae,ht_. ts eel'ltrel s c1eh flag .. hei,e, e r
s tteh de g ,s 1'1 St k e iit 61'1 e r ee ,nre ll e d I,_. B le BJh. ee rfl e r ehBt!l 11 s t t s e.teeefl
teH feet ( 19 ') C,t_ shBII l'l'l!ltHt!ltH !l reeerfl ef Bil ammals iHIJldttHflefl tegether
1th all fe es ee l:leetetl on a le a . h h e ld bv a pe r s on able to co ntrol t he dog .
2-. ?;at .. 1thstanfliHg Bil_. ef the ,ire 1s1SHS sf this 6eetieH , !l flag shsll he fleemefl
HSt tmde1 reaseHBele eeHtrel .. heH !IH_. ef the fel:le .. iHg eeHfliti011s eeettr:
a-. The fleg 11iJliets flt1msge er tl'!Jtt~ e_; 1,nrng, JttfflJltHg ttJl61l . ,iel:ltttrng
sf egetstteH , er l,3 81'1_. ether mesH s hinsee,er. t s the perseH e r
Jlrei,e ttJ e fa11)el'!e dther thaH the e He r . e.1eei,t 111 the tl e fe11 se eftl.e
e .. Her . h:,s fem1:l_. er i,rei,ert,, er 8HJ deg ttHtler the eeHtre l aHfl
eemmand ef a ,iebee effieer ,n the ee1use ef ms flttty .
&. ~ the ease ef !IHJ ttHS!lllJ efl fel'l!sle fleg . • h,J e s s,fl flag 1J tH e su tt s
(,H hest er tfl sessen) !IHfl Het seettrel, ee Hii11efl tf! thee .. Her 's ,srfl .
i,eH er ether eneleetlt'e .
Dogs Not. Under R ea son able Co 11 t rol . Net.11thsts11fltflg st~J sf tl1e i,re, 1s1 eHs ef th,s
6eetien s fleg shel:l l,e deemefl H6l ttHtler reaseHsble ee,nrel .. he H !IHJ s f th e
reHe .. mg een!litiens eeettt . It s h a ll be unlawful for the pe r so n having the care ,
custodv and control of anv dog t o n ot maintain that d og under r e a so n 3 bJe co n t ro l.
Notw1thstandjng any of the provisjons of Section A, a d og shall be d ee m ed not und e r
reasonable control when anv of the following cond1t1 on s oc cur:
The dog inflicts damage or imurv bv biting. jumping up on polluting
vegetation or bv any other means whatsoeve r . t o the pe r so n or prope rt,· of
anyone other than the owner except where the d og acts rn the d efe n se of the
owner hjs familv or property · or except where t he d og 1s unde r the con trol
and command of a police officer in the course of his/her duty,
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~ In the case of a nv unspaved female dog while said dog 1s in estrus (in heat
or in season) a nd not secure lv co nfined in the ow ner ·s vard. pen or other
e nclo s ure.
~-B. Cats. It s hall be unlawful for a ny owner o f a ca t to allow suc h ca t to run at large in
the City and to become or cr eate a nU1 sance . ~otw1th standing any othe r prov isio ns of
thi s Section , a cat s hall be deemed to be a nuisance when a ny of the follo win g
conditions occ ur:
1 . The cat inflicts damage or inJury by bmng. jumping upon . polluung of
vegetation or by a ny other means wh atsoeve r , to the person or property of
a nyone other than t h e owner .
2 . In the case of a ny unspaye d female cat, while said cat 1s in estrus (in heat or
in season) and not securely co nfin ed in the owner's yard. pen or other
e ncl os ure .
Be .'lenalt, . .'cH) e .. Her er perse" NlttHei gc,ult, ef • iel8ttflg' 8fl) ef the pre . is,eHs ef this
Seetien sh&H 1,e pttmsheei t1s p,enlleei ,n SeetieH 1 I 1. EHgle .. eell ?,4ttn1e1pitl Celle
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7-IA-3: lmpoundment of Animals; Notice. Disposition.
A. Any dog or cat or d ogs or cats, found running at large a nd/or cr eating a publi c
nui sance , and any dogs or cats subject to cruel treatment as s pecified in Sect10n i ·
)A· 7 EMC, may be taken by the Ammt1l Centre! Ofiieer Citv and impounded in the
s helter de s ignated w.t ~ the City .'otimt1l Shelter and there co nfined in a humane
manner for a period of not le ss than s ix (6) days a nd may thereafte r be di sposed of
in a humane manner if not claimed by their owners . Dogs or cats l'ffit mav be
claimed by their owners before the expiration of six (6) days, !).ogs or cats not
claimed by their owners before the exp1rat1 on of si x (6) d avs may be disposed of at
the discretion of the City ."tilffllt1l CePl!:'I el Oltieer. except as her e mafte r provided .
B. The .\mmt1l CeHtrsl Offieer Qn: may transfer title of any dog or cat held at the
Animal Shelter to the Society for the Prevention of Cruelty to Animals afte r the legal
detention period has expired a nd s uch dog or cat ha s not been claimed by its owner.
C.
D .
When dog s or cat ar found running at large a nd their ow ne r s hip 1s known to the
,'011mt1l Centre! OIJieer C1tv perso nnel , s uch dogs or cats need not be impounded. but
such effiee.r-D!!rsonnel may cite the ow ne r s of s uch dogs or cats to appear in co urt or
the Violations Bureau to a nswe r charges of the violation of this Article .
Immediately upon impounding dog s or cats, the A,,imt1I CeHtrel Offiee, .ci!y s h a ll
make every possible , reasonable effort to notify the owners of s u ch d ogs or cats so
impounded and inform s uch owners of the co nditions wh e r eby they may regain
custody of s uch dogs or cats.
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Section 3. The City Co uncil of t h e City of Englewood. Co lor a do her eby a me nds Tide 7 ,
Ch apt e r IA , Section 5 . of thP Engle wood Municipal Code 2000 , to rea d a follow s :
7-lA-5: Vaccination Required .
The owner of each dog or cat whi ch is S LX (6) months of age or olde r h all ca u e sa id
dog or ca t to be vaccinated aga inst r abies with eithe r a nnua l or three (3) vea r r ab ies se rum .
Such vacci nation s h a ll be r epeated thereafter as r equired bv the se rum . Dogs or cats hall
be vaccinated by any veterinarian li ce nsed to practice veterinary mecli cin e. A certificate of
vaccination . in dupli cate , sh a ll be completed by the veterinarian, one co py to be issued to the
dog or cat owner a nd one to be r etained in the veterinanan's files .
Any dog or ca t m the custody of the Citv 81!) pehee eifieer , .\ntm!li Ge ntr6l Offieer or
in t h e Cit} pettft8 s ha ll be released to the owner of said dog or cat fo r a pe r iod of tim e not to
e xceed fiv e (5) da y in ord er to obtain the vaccination of t he dog or ca t .
Secqon 4. The City ouncil of t he City of Englewoo d, Co lor ado her eby a me nd s Title i .
Chapte r IA , ec ti on 7, of the Engle woo d :Municipal Code 2000 . to r ead as follo ws :
burn or sca ld with a ny , or ca u se a dog or ca t to e ndure unreasonable or
uni u s ti.fi a bl e pain . s uffenng or injury .
Ca re and Maint enan ce. it s h a ll be unlawful for anv person keeping or harboring anv
d og or ca t to fai l or r e fu se to provide s uch dog or ca t with proper food dnnk s h ade
a nd s helter Proper foo d drmk s ha de a nd s hel te r s h a ll requu:e that :
Each dog or cat s hall receive an adequate dailv su pply of clean fresh food
s uita bl e fo r the nurture of the s peqes' phvsica l co nditio n a nd a ge s uffi cient to
main tam a hea lthv level of nutrition.
Each dog or cat s h a ll at all times have a n a dequate a nd accessible s uppl v of
clean fresh potable wate r a nd s uch water s hall be provi ded eith e r free-fl owmg
or in a clean stable r ece ptacle .
Each dog or cat housed outdoors s hall have convenient acce ss to a ppropriate
weather and temperature-resistant shelter throughout the vear . Any s helter
shall be structurally sound dean adequately sized and maintained in good
repair to protect the dog or cat from injury and from the ele me nts .
The living area for the dog or cat shall have adequate dramage s uch that the
dog or cat shall be free to walk sit stretch or lie down on a dry s urface .
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If a dog or cat is ho used o ut doo r s. in a ddition t o a s helter it s hall be pro.,.;ded
with a n encl os ure to minimize ri s k of injurv a nd to provid e s uffi cient s pace t o
e n a bl e fr eedom of move ment a nd exercise.
Sec ti on 5 . The City Co uncil of the City of Englewood , Co lorado her eby a mend s Title 7.
Ch a pter lA. Section 8-1 , of the Englewoo d Municipal Cod e 2000. to r ead as fo ll ows :
7-lA-8-1: Removal of Excrement; Damage to Shrubbery or Plants.
A. It s ha ll be unla wful for a ny per so n in possess10n of, ha rbonn g, or m ch a r ge of a ny
d og to refuse or fail to r emove forthwith, excreme nt depos ite d by said dog u po n a
common thoro ughfare . street , sid ewa lk . play a r ea, pa rk or up on othe r p u b hc
prope rty, or upon a ny priva te prope rty within tw entv-four (24 ) ho urs afte r be mg
deposited, ii hen permieeien ef the 6ii ner er tenant ef s eill prepert, ke s ne t bee n
eeteinell, and s uch is here by deemed t o be a public nuisance and prohib it e d . Dog
excreme nt s ha ll not be pl aced m st orm sewer s but shall be di sposed of m a s a ru tar y
ma nne r .
B. I t s h all be un la wful fo r a ny owner , possessor or per so n who kee ps a ny dog to pe rmi t
s uc h dog . whet her or not runrung at la rge . t o destroy , d a mage or injure a ny
s hrubbe ry , pla nt . fl ower s. gra , la wn , fen ce or a nything whatsoe ve r up o n a ny
p ubh c premi se or u po n a ny priva t e pre mises owned or occ upied by a pe r son other
tha n the owne r . po ses or , or kee pe r of s u ch dog , a nd the sam e is h er e by decla r ed t o
be a public nuisance a nd prohibited .
Secti on 6. The City Co uncil of the City of Englewood , Colorado hereby ame nds Title 7,
Ch a pte r lA, Section I I , of the Englewood Municipal Code 2000, to read as follow s :
7-lA-11 : Destruction Hearing.
A. Wh e never the co nduct of a ny dog or ca t h a s r es ul te d m tw o (2) co nviction s of offen se s
proscribe d in Secti on 7-lA-10 EMC efthe 6nr;leii66ll M11me1pel Celle within a
B.
co nsec utive two (2) year period ; or is re pons1ble for mflicting death or gri evou s bodily
h a rm upon a human being, the City of Englewood may initiate a h earing m the
Engle woo d Municip a l Co urt pet1t1 oning that co urt fo r a n order of d estruction of tha t
do g or cat .
ot1fi ca t io n will be gi ve n t o the dog or ca t own er , as the named responde nt, of the
h earmg d a t e , pl ace , a nd time no later tha n fifteen (I 5) days prior t o the h earing .
This notice will be acco mp a ru ed with inform a tion on whi ch the hearing is based .
C. Ex ce pt as othe rwi se provided here m , the hearmg will be co nduct ed in a cco rd a nc e
wi t h the provi s ions of Section 1-I 0-1 ~. ef 6nr;le ii eell Mttmeipal Celle s f 2999 ,
n ot ice and hearing proce dures . The City of Englewood will have the burde n of proving
t he a ll egations by a pre ponde r a nce of the evide nce . The r es ponde nt 1s e ntitle d t o be
r e pre se nte d by co unse l a t r es pond e nt's e xpense a nd has the right to cr os e xa mme
a ny witness ca ll ed by the City, the right t o prese nt witnesses a nd evid e n ce , a nd t o
t estify or not .
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D. The Municipal Court will determme at the hearmg whether the dog or cat. because of
its v1c1ous propensltles . pre e nts clear or present danger to the safety of the c1t1ze n s
of Englewood . Wh e n the dog or ca t ha been the s ubj ect to t wo (2) connct10n s of
attack not r esultmg 111 grievous bodily harm . or property damage of five hundred
dollars (S500.00) or mor e w1thm a two-(2) year penod. o r 1t 1s r espo n 1ble for
milictmg death or grievo us bodily harm upon a human bemg, there 1 a presumpn n
the dog or ca t has v1c1o us te nde n cies a nd p rese nts a clear and prese nt dang r to the
safety of the citizens of Engl e woo d . This presumpt10n can only be re butted by clear
a nd co n vm cing evidence to the co ntrary . Cpon the co urt's detenmnat1 on that the og
or cat prese nts a clear or pre e nt danger to the safety of Englewood c1t1zens. the
co urt w1ll ord e r the City to destroy the dog or cat forthwith .
E . If t he dog or ca t is not co nfined bv the C'1tv . ii, the E,i,gleneed .\,1n,H1l ,l,elt e e the
City may pet1t10n t he Englewood Municipal Court fo r a fo rthw ith ord e r o co nfin h e
a nim a l pendmg the o utcome of the destrucuon hea rmg , a nd the cos t. of s::ud
confin e m e nt will be assessed by the Muni cip a l Co urt at the termmM1 o n of th
hearmg .
Secnon )'J Safet,· Clau•es The City Council hereb · find s , determ111 es . and oecl are,
th a t th1 O r dmance 1 promulgated under the general poli ce po wer of the ny 0 1' En!!le wood .
that 1t 1 promulgated fo r the he a lth . safety. a nd we lfare of the public. and t h a t t hi~
Ordmance 1 necessary fo r the prese r vation of health and safety a nd fo r the rot ec tion of
public co nveruence and welfare. The City Cou n cll further determme h a t h rdmanc
bear a rational relau on to the proper leg1slauve obJe ct so ug ht to b obta m ed.
Sect10n 13 Severab,htv If any cla use . se ntence. paragraph. or part of thi O r dmance o r
the a pplica tion thereof to a ny per on or circum stances s h a ll fo r a ny reason be adJudge d by a
co urt of co mpete nt j urisdict10n mvalid . such Judgment s hall n ot affect, 1mpa1r or m,·al1d a t e
the r e mamde r of this Ordmance or it application to othe r pe r son s or circum s ta n ces .
Sectio n 1-4 . Inconsistent Ordmances All oth e r Ordinances o r po r t10ns thereof
inconsiste nt or co nflicting with this Ordinance or a n y portion hereof a r e hereby repealed t o
the e xte nt of s uch mcon s ist e nc y or co nflict.
Section 15 Effect of repeal or moddlcation The re peal or m odification of a n y provision of
the ode of the City of Englewood by this Ordinance s hall not re lease. exti n guis h. a lte r ,
modify , or change in whole or in part a ny penalty. forfeiture . or li ab ility. ei the r civil or
crim in a l, which s h a ll have been incurred under s u ch provision . a nd each prov1Sion s h a ll be
trea t e d a nd h e ld as still rema mmg in force fo r the purpose of s ustaining a n y a nd all pro pe r
actions, s uits. proceedings, and prosec uuon s for the e n forceme nt of the pena lty. fo r feiture . or
Liab1hty, as well as for the purpose of su tammg a n y Judgm e nt, decree , 01· or der which can or
may be r e ndered . entered, or made m s uch acu on s. wts, proceedmgs. or prosec utio n .
Section 16 ~ The Penalty Provision of Sect10n 1--1-1 EMC s h all app ly to each a nd
every violation of this Ordinance.
Introduced, read in full , and passed on first reading on the 6th day of August, 2001.
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Published as a Bill for an Ordinance on the 10th day of August. 2001.
A Public Hearing was held on September 4 , 2001.
Second reading was continued to October 15 , 2001.
Read by title and passed on final reading on the 15th day of October. 2001.
Published by title as Ordinance No ._, Series of 2001 , on the 19th 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 the Ordinance passed on final reading and
published by title as Ordinance No . _, Series of 2001.
Loucrishia A. Ellis
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ORDINANCE NO ._
SERIES OF 2001
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BY AUTHORITY
COUNCIL BILL NO. 36
INTRODUCED BY COUNCIL
MEMBER YURCHICK
AN ORDINANCE AMENDING TITLE i , CHAPTER IA. OF THE ENGLEWOOD
MU:,,rJCIPAL CO DE 2000 . PERTAlNING TO DOGS AND CATS.
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WHEREAS , the recommended time between vaccinations for dogs and cats has changed
over time : and
WHEREAS , this Ordinance will update the dog and cat regulations to reflect those
changes; and
WHEREAS , the Englewood Code Enforcement Advisory Committee has reviewed the
current dog at large provisions of the Englewood Municipal Code and has determined that
control by voice command has proven inadequate to maintain control of dogs when the dogs
are away from the premises of the owner or keeper; and
WHEREAS. the Englewood Code Enforcement Advisory Committee has recommended the
City require that all dogs be on a leash when away from the premises of the owner or k eeper :
and
WHEREAS , the Englewood Code Advisory Committee has reviewed the cruelty to dogs a nd
cats provisions of the Englewood Municipal Code and recommends modifications to properly
care for such animals ;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS:
Sectjon l. The City Council of the City of Englewood, Colorado hereby amends Title 'i .
Chapter lA, Section 1, of the Englewood Municipal Code 2000, to read as follows :
7-lA-l: Definitions.
For the purpose of this Article , certain terms and words are herewith defined as
follows :
Adjoi11i11.g Ow11ers, Reside11ts: The ow ners and residents of lands that are supported
by a common boundary line.
,..,..:,,-Ge1tlNi f>(fieer : Tfte penen er per116ft8 empe"' ere ii e, the Ci~ t:e emtiree the
pre u ieie11t1 ef ahie ,tctiele .
Aniinal Shelter: Any premises designated by the City for the purpose of boarding and
caring for any animal impounded under the provisions of this Article or any other ordinance
or law of the State of Colorado.
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Attack: Any dog or ca t that. without provocation , including the defirution fr om
Section 7-lA-lO(C) EM C bites or attacks hum a n bei ngs, or in a vicious a nd terronzmg
manner attacks. or approaches in an apparent attitude of attack, a person a nywh er e w1thm
this City, or a dog or cat that runs after and bites. barks or growls at any other aru mal.
bicycle or any vehicle being ridden or driven upon the streets, sidewalks or a ny public ground
o r other place open to the general public witlun this Ci ty .
Cat: A dome s ticated carnivorous mammal Feli s Catus. This d oes not in cl ud e a ny
felidae not domesticated such as lion. tiger. wildcat, etc. which are included within the
proV1sions of Section 7 · l C-3 EMC .
Dog: A carnivorous dom esticated mamm a l of the ca nine s pecies , Canis Fam1lians
a nd the product of Canis Lupus having been bred Ca ni s Fa milia ris. The following a r e
excluded from and are not a part of this definition: Jackals ; foxes ; a nd related aru mals : a nd
wolves , Canis Lupus all of which come within the provisions of Section 7-lC-3 E'.\1 .
Dog or Cat, Castrated Male (Neutered): Any mal e dog or cat upon wluch a lternat1\'e
surgery of the genital organs has been performed by a licensed veterinarian a nd
accomp a rued by a certificate asserting such operation has been pe rform e d .
Dog or Cat, Female ('Vot S payed): Any dog or ca t of the female gender up on wlu ch no
alternat.Jve s urgery of the genital organs has be e n performed.
Dog or Cat, Female Spayed: Any female do g or cat on wlu ch an o,·a n oto my or
ovariohysterectomy has been performed by a licen sed vete rmana n a nd accomparued by a
certificate asserting such operation has been perform ed.
Dog or Cat, Male (Not Neutered): Any dog or cat of ma sc ulme gende r upon w lu ch no
alternative surgery of the genital organs has been performed .
Dog or Cat Owner: Any perso n keeping, harbormg or having the full or temporary
care of a dog or cat at the time any Vlolation of this Article 1s co mmitte d .
Dog or Cat, Stray and /or R unning at Large: Any dog or cat within the City limits,
outside of owner's property , unacco mparued by own e r a defmed herein .
Grieuous Bodily Harm : Bodily mJury which m,·o lve s a s ub sta ntial risk of death.
serious permanent disfigurement, or protracted los or impairment of the function of any
part or organ of the bod y .
Guard or Attack Dog: Any dog tramed to attack a person, or acquired for the purpose
of patrolling property or attacking a ny perso n . Also included is a ny dog whose actions have
preV1ously r es ulted in a co nvi ction of its owner of a vio lation of Section 7-lA-10 EM C%.
Hobby Breeder: Any person who. outside of hi s regular course of employment. is
breeding purebred dogs in an attempt to i mprove the breed through controlled propagation .
thus achieving carefully desired qualities and traits .
Ken nels or Cattery: Any place where dogs or cats are born , bred. raised, boarded . fed
or sold . for any valuable consideration, but shall not mclude a household which se ll s only the
offspring of a female dog or cat mamtained solely as a family pet.
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Rabies: A viral e n ce phalitis , al most always fata l to both wild a nd d om esti c a nim a ls.
that may affect any warm-b loo d e d a nim a l but is mos t co mm on m ca rruY or es a nd n e w w orld
bats. In the United States. foxe s . s kunks a nd r accoo n s a r e t he major wild ca rru vo r e host s ,
though d omes tic dogs a nd cats re ma in the m ost im portant so urce of hum a n e xp os ure.
Sectjon 2. The City Co uncil of the Ci t y of Engle woo d . Co lor ado h e r e by ame nds T itl e i ,
Chapter lA . Sections 2 a nd 3. of the Engle wood ~lumcip a l Co de 2000. to r ead as fo ll ow s:
7-lA-2: Running at Large Prohibited .
A. Dogs at Large. It s hall be unlawful fo r a n y owne r or person ha ving the ca re. cu s t ody
and control of a n y dog t o allow s uch d og to run at large in the City . t11\l ess Sti el. d e g
is ttftaer the resseftttble eBfttrel e f s tteh B ii He r e r 1ie r SB ft .
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h For the purpose of this Section, a d og s h a ll be deemed to be run run g a t la r i;e
when off or away from the premises of the owner. possessor or kee p e r the r of
and not ttftaer the eeftttel ef s tteh B .. Her , pessesser er keep e r ... h e _ht1ll be
eempeteftt te eefttrel stteh deg <1fta .. he m11, lie reqt11r e a tB aen\e ft s tt ste t e a
membe r ef the Cit) PerSBftftel , hi s er he, ab,lit, b6 eefttre l s tt eh flee ii I.e n c" r
s tteh Iler; ,s net kept Bft er eefttrellea liy fl lea s h . ee ra e r eha1ft 11 et te e .1eeea
teft feet (HJ '). Cit, s hall 111ainta111 a , eee~a e f all a111H1a L 1111p e u11a efl 1eg e1h e1
.. 1th aH fees eelleetefl on a leash h eld bv a pe r so n a bl e to co ntrol th e d c:,_g
l!-. ~let .. ithsta11fliHr; aft) efthe pre,is iens ef 1h1s Seeue11 . fl aer; 2Lt1l l ! c cl e c1n ea
11et ttHaer reesefteele eefttrel "he11 ttftJ ef the f:elle .. mr; -e naciu e n s uee t11
&. The Iler; iftlliets !lt1mer;e er iftjttP) b.1 liitiftr;. jt1111pmr; ttp e ft . pe llutrn g
ef ,er;etetieft, e1 Ii) 8ft) ether 1Be11ns .. hetsee ,er. te the p e r sen e r
prepert) efttft)Bfte ether theft the a ofter. e.teept ift the aefe11 se efth e
e .. 11er . iti:s fttll'lil) e r prepert). e r 81\J aer; ttftaer the eentrel !Intl
eelftfflttfta ef e peliee effiee, 1ft 1he ee ttrs e ef his atttJ .
&. 1ft the eese ef BftJ ttft s pe, etl fe111!1l e Iler; ... h,le s !lia !leg is in estrtt 3
(ift heet er ift JeeseA) ttfttl 11 et see 1J1 e l_. ee ftfiftea ift thee .. He , 's /!It ti .
pe ft er ether eftelesttre .
Dogs Not Under Rea so11able Con trol. ~leto 1th s rnftfimr; !!ftJ e f the pre. is 1e 11 s e f this
SeetiBft e fier; s hall lie aeell'lefi ftBt ttftaer r ef!stmab le ee fltrel "he11 aftJ ef the
f-eHe .. ing eeftacitieftS eeettr. It s hall be unlawful fo r the pe r son h a n ng t he care,
custody and control of anv d og. t o n ot mamtain that dog unde r r eason a ble co ntrol.
Notwithstanding any of the prov1 s 1ons of Sectio n A. a dog s h all be deem e d not unde r
reasonable control when any of the fo ll owing condmon s occ ur:
The dog inflicts damage or 1murv b\' b ttmg ]Ump mg upon pollut mg
vegetation or by any other me a n s whatsoe,·e r . to the person or proue rtv of
anyone other than the owner except whe re the d og acts m the defense of the
owner his family or property· or except whe re the d og is unde r t he co ntrol
and command ofa police officer in the co urse of his/h e r dutv .
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In the case of any unspayed female dog . while said dog 1s m estru s (in h eat
or in season) a nd not securely co nfined in the owne r 's vard. p e n or othe r
enclosure.
~. B . Cats . It s hall be unlawful for any owner of a cat to allow s uch ca t t o run a t la rge m
the City and to become or create a nuisance . Notwiths tanding a ny othe r provision s of
this Section , a cat shall be deemed to be a nuisance when any of the foll owing
co nditions occur:
l . The cat inflicts damage or injury by biting, jumping upon. polluting of
vegetation or by any other means whatsoever , to the person or property of
anyone other than the owner.
2. In the case of any unspayed female cat, while said cat is in estrus (in heat or
in season) and not securely confined in the owner's yard , pen or other
enclosure.
G:-,"enalt,. Aft) e .. ner er per!len fettnel ~t) ef • ieleting 8ft) ehhe pre. is1t1ns ef thi!I
Seetien sheH l,e pttrtt!lheel 8!1 prel'i!le!I in Seetien 1 I 1. Engle .. ee!I ?.lt1nieipt1l Cede
JWOO.
7-lA-3: lmpoundment of Animals; Notice, Disposition.
~ Any dog or cat or dogs or cats, found running at large and/or cr eating a public
nuisance, and any dogs or cats subject to cruel treatment as s p ecifi ed in Sectio n i ·
lA-i EMC, may be taken by the .',rttmel Centre) Offieer City and impounde d m the
shelter designated -~ the City. Antmel Sheller a1ul there e,n1fi11etl i11 •
h11111a11e -1111er fer a periatl ef net less than si• f6) tla, !I anti rnaJ
thereaAer he tliapeaetl ef i11 • h11-ne -1111er if 11et elaimetl h) their
""' 11ers. Begs er eate net ~ eletmed B) their e .. ners l,efere the e.1p1retten t1f
s~ (6l !111)8, 9sge &r e11tfl nst el11imed 1,, their e .. ners l,efere the e .1pu1111e n ef si.t f6)
~1!18) l,e !lt8p811e!I ef et the !lifleret1en ef the ~.',ntmttl Centre! Offieer , e .1eept
88 hereinafter pr11 l'i!le!I .
g. Dogs or cats not claimed by their owners before the expiration of six (6)
days may be disposed of at the discretion of the City except as hereinafter
provided.
~ D015 or cats found running at large may be claimed bv their owners before
they are disposed of by the City.
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Re A dog or a cat subjected to cruel treatment as specified in Section 7-lA-7
EMC shall not be released and shall be held by the City or at a designated
shelter for a period of not less than siJC (61 days. If the owner has not
submitted a claim for the animal to the Englewood Municipal Court
within that six (61 day period the animal maybe disposed of at the
discretion of the City. If a claim is made to the Municipal Court for the
dog or cat. the animal shall be held by the City or by a shelter designated
by the City until the Municipal Court Judge enters an Order finding
either:
1. A charre of cruelty to dogs and cats under Section 7-lA-7 EMC can
not be proven beyond a reasonable doubt.
-Or-
~ The Judge finds that the care and maintenance issues under Section
7-lA-7(8) EMC have been satisfactorily remedied. Under no
circumstances shall this remedy provision apply to Paragraph A of
Section 7-lA-7 EMC.
B ~-The ,'utim11I Cen~el Offieer _cm: m ay transfer title of a ny dog or cat h eld at the
Animal Shelter to the Society for the Prevention of Crue lty to Arumals after the legal
detention period has expired and s u ch dog or ca t h as n ot been claimed by its ow n er.
G ~ When dogs or cats are found running at large and their ownership is know n to ffie
.'.:niln11I Centre! Offieer City perso nnel, s uch dogs or cats need not be impounded . but
s uch effieet.-personnel may cite the owners of s uch dogs or cats to appear in eetttt
Court or the Violations Burea u to answer charges of the violation of this Article.
D g. Imme diately upon impounding dogs or cats, the Aitim11I Centrel Offteer Cil;y s h all
make every possible , reasonable effort to notify the owners of such d ogs or cats so
impounded and inform such owners of the conditions whereby they may r egain
custody of s u ch dogs or cats.
Sectjon 3. The City Council of the City of Englewood. Colorado hereby amends Title 7,
C h apter lA. Section 5, of the Englewood Municipal Code 2000, to r ead as follows :
7-lA-5 : Vaccination Required .
The owner of each dog or cat which is six (6) months of age or older s h a ll ca u se said
dog or cat to be vaccinated against rabies with either annual or three {3) vear rabies se rum .
Such vaccination shall be repeated thereafter as required by the serum . Dogs or cats s h a ll
be vaccinated by any veterinarian licensed to practice veterinary medicine . A certificate of
vaccination, in duplicate, shall be completed by the veterinarian, one copy to be issued to the
dog or cat owner and one to be retained in the veterinarian·s files .
Any dog or cat in the custody of the City 11n, peliee effieer. ,'utim11I Centrel Offieer or
in the Ci" pe-a shall be released to the owner of said dog or cat for a period of time not to
exceed five (5) days in order to obtain the vaccination of the d og or cat.
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Sectjon 4. The City Cou ncil of the City of Englewood , Co lor ado her eby amends Title 7.
Chapter lA, Section 7, of t he Englewood l\l uruc1pal Co de 2000 . t o read as fo ll ows :
7-lA-7 : Cruelty To Dogs And Cats.
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Q· It s hall be unlawful to kill , ma m . disfigure. torture . to rm ent. neglect . beat wi t h a stick.
burn or s cald with a ny s ub stance , or ca u se a d og or cat to endure unreasonable or
unjustifia ble pain. s uffering or injury .
Ca re and Mai11te11a11ce . It ha ll be unla wful for a m· per son keeping or ha ha rm an ·
dog or cat to fail or refuse to provide su ch dog or ca t with prope r food dnnk , s had e
a nd shelter. Prope r food drink s h a d e a nd sh e lter s ha ll require th a t : ~~~ ~ E ach dog or cat s hall rece ive a n adequate dailv s upph· of clean fr esh food
s uitable for the nurture of the specie s ' phys ical co ndmon a nd age s uffi cie nt t ~
maintain a healthy leve l of nutrition .
Each dog or cat s ha ll a t all times h ave a n a deq u ate a nd ac cess ibl e s upph· of
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clean fres h potable water a nd s uch water shall be pr onded e ither fr ee-fl owmg
or in a clean, sta bl e recep tacle.
& E ach dog or cat hou se d outdoo r s s h all h a ve conv e m ent access to ap pr..QP.!:ifile..
weather and temperature-resistant s helter throughout the year . Any s helte r
s hall be structurally so und clean adeauatelv sized a nd mai nta ined in good
repair to protect the dog or ca t from mrnry a nd from t he e le me nts .
f!. The livmg a r ea for the do g or cat s h all have adeq uate draina ge s uch that the
dog or cat s h a ll be fr ee to wal k si t s tretch or lie do wn on a drv surface .
g. If a dog or ca t 1s housed o utdoo r s in ad dit io n to a s he lter it s h a ll be provided
with an enclos ure to mirumjze n sk of i njurv a nd to provide s uffi cie nt s pace to
e n a bl e freedom of move me nt a nd e xe r cise.
Section 5 . The City Co uncil of the City of Englewood , Co lorad o her eby a mend s Title 7,
Chapter lA. Section 8-1, of the Englewood i\lunicipa l Co d e :WOO . to r ead as fo ll ows :
7-lA-8-1: Removal of Excrement; Damage to Shrubbery or Plants.
It s h a ll be unla wful for any pe r son in possession of, harbormg, or in ch a r ge of a ny
dog to re fu se or fail to rem ove forthwith, e xcre ment de p os ited by sai d d og up on a
com mon thoroughfare , str eet, sidewalk . pl ay area. p a rk or upon other public
property , or up on eey-private property when permission of the owner or tenant
of sai d property has not been obtained.
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B ~. It s h a ll be unla wful for a ny owne r , possessor or pe r so n who kee ps a n y d og to p e rm it
s u ch d og, whethe r or not running a t la rge, to d estroy , d a m a ge or inj ure a n y
s hrub bery , pla nts , fl owe r s , grass , la wn . fe n ce or a n ything wh a t soe\'er upon a n y
publ ic premises or upon a n y private pre m ises owne d or occ upi ed by a pe r so n othe r
t h a n t h e owne r , p ossessor , or k eep e r of s u ch d og, a nd t h e same is h e r e by decla r ed to
be a public nuisan ce a nd prohibited.
Sectj on 6 . The C ity Co uncil of the C ity of Englew oo d. Co lor a d o h er eby a m e nds Title 7,
Ch a p te r l A, Sect io n 11. of t h e Englewoo d Municip a l Code 2000, to read as fo llows :
i-lA-11 : Des truction Hearing.
A .
B .
C.
D .
Wh e n ever the co nduct of a ny dog or ca t h as res ulted in two (2) co n vic t io n s of offe nse s
p r oscribe d in Section i-lA-10 EM C e ftke Eng __ .. eea Mtt1ti e1pal Ce d e wi t hm a
co n secutive two (2) year pe r iod: or is resp on s ib le fo r inflicting death or grievo u s bodtly
h a rm upon a human be mg, the C ity of Engle woo d m ay i rutiat e a hear i n g m t h e
Engle w ood Municipa l Co urt petiu onmg that co urt fo r a n ord e r of destruction of t h at
dog o r ca t .
Notificat io n will be give n to the dog or cat owne r , as t h e n a me d r esp onde nt. of t h e
h earing d a t e. place , a nd time n o la t e r t h a n fiftee n (15) d ays prior to the h earin g .
Th is n otice will b e accompa ru e d with info rma t io n on which the hearing is based.
Excep t as othe rwise provi de d h e re in . the h earing will be co n d uct ed in accor dance
with the provision s of Sect io n 1-10-1 EM C. e f Engle .. 66 8 ?,htmeipal Ced e e f ::!8 88.
n otice a nd h ear in g proce dures. The City of Englewood will h ave t he b urden o f pr o,,n g
t h e a ll egation s b y a pre ponde r a n ce of the e vide n ce. The r espond en t 1s e n t it led to be
r e presen ted by co unse l a t r esp onde nt's e xp e n se a nd h as t h e ri ght to cr o s e xamine
a n y witness ca lle d by the City, the ri ght t o prese nt witnesses a n d evidence , and to
testify or n ot.
The Municipal Co urt will determ in e a t t h e h eari n g wheth er the dog or cat. beca u e of
its vicious prope n s ities, presen ts cl ear or prese n t d a n ger to t h e safety of t h e citizen s
of Englewood. Whe n the dog or ca t has bee n the s ubj ect t o t wo (2) co n v ict io n s of
atta ck not resulting in grievous bodily h a rm . or prope rty d a mage of fi ve hu ndred
d ollars ($500.00) or more within a two-(2) yea r p e riod . or it is respon si ble fo r
inflicting death o r grievous bodily h a rm upon a huma n be ing. the re is a pre s um ptio n
the dog or cat h a s vicious tendencies a nd pres ents a cl ear a nd prese nt da n ge r to t h e
s afety of the citizens of Englewood . This pres umption can onl y be re but t e d by clear
and convincing evidence to the co ntra ry . U pon the co urt's d etermma t 1on t h at t h e dog
or cat presents a clear or pres ent dange r to the s afety of Engle wood citizen s , the
court will order the City to des troy t he dog or cat forthwith.
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E . If the dog or cat is not confined by the Citv i:t. the Engle .. eeti .lmim11I shelter. the
City may petition the Englewood Municipal Court for a forthwith order t o co nfine the
animal pending the outcome of the destruction hearing, and the costs of said
confinement will be assessed by the Municipal Court at the termination of the
hearing.
Section 12 Safety Clauses The City Council hereby finds , determines, and declares
that this Ordinance is promulgated under the general police power of the City of Englew oo d .
that it is promulgated for the health, safety , and welfare of the public, and that this
Ordinance is necessary for the preservation of health and safety and for the protection of
public convenience and welfare . The City Council further determines that the Ordinance
bears a rational relation to the proper legislative object sought to be obtained.
Section 13 Seyerabilitv If any clause , sentence. paragraph. or part of this Ordinance or
the application thereof to any person or circumstances shall for any reason be adjudged by a
court of competent jurisdiction invalid , such judgment shall not affect, impair or invalidate
the remainder of this Ordinance or it application to other persons or circumstances.
Section 14 Inconsistent Ordjnances . All other Ordinances or portions thereof
mcon s1stent or conflicting with this Ordinance or any portion h e r eof are hereby r epealed to
the extent of such inconsistency or conflict.
Sectjon 15 Effect of repeal or modjficatjon The repeal or modification of any prov1 s10 n of
the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter.
modify , or change in whole or in part any penalty, forfeiture , or liability, either civil or
criminal. which shall have been incurred under such provision. and each provision s haU be
treated and held as still remaining in force for the purposes of sustaining any and all proper
actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture , or
liability , as well as for the purpose of sustaining any judgment, decree , or order which can or
may be rendered, entered, or made in such actions , suits, proceedings, or prosecutions .
Sectjon 16 ~ The Penalty Provision of Section 1-4-1 EMC shall apply t o each and
every violation ofthis Ordinance.
Introduced , read in full , and passed on first reading on the 6th day of August . 200 I.
Published as a Bill for an Ordinance on the 10th day of August, 2001.
A Public Hearing was held on September 4, 2001.
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Published by title as Ordinance No. _, Series of 2001, on the 19th day of October,
2001.
Thomas J . Burns, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
the City of Englewood. Colorflfla, hereby certify that
the above and foregoing is a true f the ONtili&h& amended 'l1icJ""passed on final
reading and published by tide a Ordin ce No ._, Series of 2001.
Loucrishia A. Ellis
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BY A TH ORITY
ORDINANCE NO ._
SERIES OF 200 1
COUNCIL BILL NO. 37
INTRODliCED BY COuNCJL ~
~'1El\1BER YURCHICK { ~ I.()
AN ORD I NANCE AMENDING TITLE i , CHAPTER IA . OF THE ENGLEWOOD (/-V
M NIC I PAL CODE 2000 PERTAl 1 ING TO THE ?'-iCMBER OF A:--111\IA LS
MAINTAINED AT A HOCSEHOLD OR PRDIISES.
WHEREAS. the curre nt ordina nce limits the number of a nim als a ll owed t o be
maintained at one h sehold or premises to two dogs a nd two cats: and
~t §a~~~~tw-~~~lfii at pro · · ouseholds ao 1, 1:ats;
ering amnesty
NOW , THEREFORE, BE IT ORDAlNED BY THE CITY COCNCIL OF THE ClTY OF
ENGLEWOOD , CO LORADO. AS FOLLOWS :
Section l. The City Council of the City of Englewood. Co lorad o he r e by ;i~ds Tttle
i . Chapter IA . Section 4. of the Englewood ~lumcipa l Code 2000 . t o r a foll ow :
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Sectjon 3 Safety CJauses The City Council hereby finds , determines. and
declares that this Ordinance is promulgated under the general pobce power of the
City of Englewood, that it is promulgated for the health. safety , and welfare of the
pubbc, and that this Ordinance is necessary for the preservation of health and safety
and for the protection of pubbc convenience and welfare . The City Co uncil further
determines that the Ordinance bears a rational relation to the proper legislative
obiect sought to be obtained.
Sectjon 4 SeverabjJjty If any clause, sentence, paragraph. or part of this
Ordinance or the application thereof to any person or circumstances shall for any
reason be adjudged by a court of co mpetent jurisdiction invalid, such judgment shall
not affect. impair or invalidate the remainder of this Ordinance or it application to
other persons or circumstances.
Section 5 Incpnsjstent Ordjnances All other Ordinances or portions thereof
inconsistent or conflicting with tlus Ordinance or any portion hereof are hereby
repealed to the extent of such inconsistency or conflict .6
Section 6 Effect pf repeal pr mpd,ficaupn The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release .
extinguish. alter. modify , or change m whole or m part any penalty . forfeiture , or
liability , either civtl or cnmmal. which s hall have be en incurred under such pron ion .
and each provision shall be treated and held as still remammg m force for the
purposes of sustaining any and all proper actions , suits, proceedings. and
prosecutions for the enforcement of the penalty, forfeiture , or liability, as well a for
the purpose of sustaining any Judgment, decree, or order wluch can or may be
rendered, entered, or made in such actions , suits. proceedings, or prosecutions .
$ectjop 7 ~ The Penalty Provision of Section 1-4-1 EMC s hall apply to
each and every violation of this Ordinance .
Pubbshed as a Bill for an Ordinance on the 10th day of August. 2001.
A Public Hearing was held on September 4, 2001.
Second reading was continued to October 15 , 2001.
Read by title, amended and passed on final reading on the 15th day of October,
2001.
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Published by title as Ordinance No .~ Series of 2001. on the 19th day of
October, 2001.
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ATTEST: Thomas J. Burns. Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby ce rtify
that the above and foregoing is a true copy of the Ordinance amended and passed
on final reading and published by title as Ordinance No .~ Series of 2001.
Loucrishia A. Ellis
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ORDINANCE ~O. _
SERIES OF 2001
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BY AUTHORITY
COUNCIL BILL NO. 37
INTRODUCED BY COUNC IL
MEMBER YURCHICK
AN ORDINANCE AMENDING TITLE 7, CHAPTER lA. OF THE ENGLEWOOD~
MUNICIPAL CODE 2000 PERTAINING TO THE NUMBER OF ANIMALS
MAINTAINED AT A HOUSEHOLD OR PREMISES . /
WHEREAS , the current ordinance limits the number of animals allowed to be 1-
mamtained at one household or premises to two dogs and two cats; and
WHEREAS , tlus amendment will set that number at four animals in any
co mbina tion of dog s and cats:
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS :
Sec;t1on ) . The City Co uncil of the City of Englewood, Co lorado her eby a me nd T1tl
7, Chapter lA , Sec tion 4, of the Englewood Municipal Code 2000. to r ea d as follo ws :
7-lA-4: Number of animals maintained on premises: license requireme nts .
No household , place or premises may have more than~ four (4) dog or ca ts
ove r SLX (6) months of age without first having procured a City hobby bree der '
li ce n se as hereinafter provided . These four (4) animals may be in a nv co mbmauon .
Bv wav of example: a household may have three (3) dogs and one (l} cat or a nv oth
co mbination of dogs and cats so long as the total number does not exceed fo ur <-t )
animals . A City hobby breeder's license shall not be required where the place or
premises are currently licensed as a pet shop or boarding kennel. pursuant to section
12-57-101 et se q . C.R.S . 1973 .• \II he1teehelli11 present!) th mng dwee (,I) liegs er
eets .. ithe1tt e he88) 8reeder's li.eenee 1118) 111eitit1tifl the tMee (3) degs er eete
e1trrentl) e .. nea 81tt shall net 111eint11in mere then t .. e (2) aegs er ettts 1tpel'I the
aeeth er less sf e .. nership sf ene er mere sf the ell!'rentl) e .. ned three (3) !legs er -Section 2 Safety C)auses The City Council hereby finds , determines, and
de clares that this Ordinance is promulgated under the general police power of the
City of Englewood , that it is promulgated for the health , safety , and welfare of the
public, and that this Ordinance is necessary for the preservation of health and safety
and for the protection of public convenience and welfare. The City Co uncil further
determines that the Ordinance bears a rational relation to the prop e r legi s lative
object sought to be obtained .
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Sectjon 3 Seyerahjljty If any clause. sentence. paragraph. or part of this
Ordinance or the application thereof to any person or circums tances shall for any
reason be adjudged by a court of competent juris diction invalid, s uch judgme nt s hall
not affect, impair or invalidate the remainder of this Ordina nce or it a pplication to
other persons or circumstances.
Seetjon 4 Inconsistent Ordjnances All other Ordinances or portions the reof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby
repealed to the extent of such inconsistency or conflict.
Sectjon 5 Effect of repeal or modification The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release ,
extinguish, alter, modify, or change in whole or in part any penalty, forfeiture . or
liability , either civil or criminal, which shall have been incurred under s uch prov1s 1on .
and each provision shall be treated and held as still remaining in force for t h e
purposes of sustaining any and all proper actions, s uits . proceedings, and
prosecutions for the enforcement of the penalty, forfeiture , or liability , a s we ll as fo r
the purpose of sustaining any judgment, decree. or order which can or may be
rendered, entered, or made in such actions, suits, proceedings, or prosecution s .
Section 6 &.walu. The Penalty Provision of Section 1-4-1 EMC shall apply to
e ach and every violation of this Ordinance.
Published as a Bill for an Ordinance on the 10th day of August. 2001.
A Public Hearing was held on September 4 , 2001.
Second reading was continued to October 15 , 2001.
Read by title and passed on final reading on the 15th day of October, 2001.
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Published by title as Ordinance No ._, Series of 2001, on the 19th day of
October, 2001.
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ATTEST: Thomas J. Burns, Mayor
Loucrishia A. Ellis, City Clerk
I , Loucrishia A. Ellis, City Clerk of the City of Englewood. Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by title as Ordinance No .~ Series of 2001.
Loucrishia A. Ellis
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AmsoLUTION NO._
SERIES OF 2001
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A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE MUNICIPAL
JUDGE .
WHEREAS, the City Council. by Section 68 of the Englewood Home Rule Charter, has the
responsibility of establishing the salary for the Municipal Judge ; and
WHEREAS, after discussion and agreement with the Municipal Court Judge the City
Council has determined to increase the salary of the Municipal Court Judge ;
NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Sectjon 1. The annual salary for the Municipal Court Judge is hereby established at
$98,000, commencing November 1, 2001.
ADOPTED AND APPROVED this 15th day of October, 2001.
Thomas J . Burns , Ma yor
ATTEST:
Loucrishia A . Ellis . City Clerk
I , Loucrishia A. Ellis, City Clerk for the City ofEnglewood, Colorado, hereby certify the
above is a true copy of Resolution No .~ Series of 2001.
Loucrishia A. Ellis
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JBS()LUTION NO._
'!!ERIES OF 2001
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A RESOLUTION ESTABUSHING THE ANNUAL SALARY FOR THE CITY MANAGER .
WHEREAS , the City Council , by Section 49 of the Englewood Home Rule Charter. h as the
responsibility of appointing and establishing compensation of the City Manager ; and
WHEREAS, after discussion and agreement with the City Manager the City Council h as
determined to increase the salary of the City Manager;
NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, THAT:
Sectjop L The annual salary for the City Manager is hereby established at $116,000,
commencing November I, 2001.
ADOPTED AND APPROVED this 15th day 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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RESOLUTION NO ._
SERIES OF 2001
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A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY A'l'T01lNEY .
WHEREAS, the City Council, by Section 64 of the Englewood Home Rule Charter, has the
responsibility of appointing and establishing compensation of the City Attorney: and
WHEREAS, after discussion and agreement with the City Attorney the City Council ha s
determined to increase the salary of the City Attorney;
NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, THAT:
5ect,jgn 1. The annual salary for the City Attorney is hereby established at $112,350,
commencmg November 1, 2001.
ADOPTED AND APPROVED this 15th day 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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lU/11/Ul ll :U~ t~ ~U~/Wb ~/11 111uu"
CONADENTIAL
October 11, 2001
A.tllmleyl at Law
Vu FAaDIIIUJ-JIJ-762-lJJl
Daniel L Brotzman. Esq.
City of P.npwood
Office of 1be City Attorney
1000 EnaJcwoocl Partway
Englewood, Colorado 80110
6400 S. Plddlan C.-Olde
Saillt 1030
Eaglewood. co 80111
303-796-2626
fa,,. 303-196-2777
www.bumsfipwilLcmn
lte: E~ Elf1liro11""""'1 FOIIIIMtlolt. l,u:. ,,, 11,-Jq Pdnlla,a, I,u:. It tlL
DearDm:
Tbc following is a proposed budget of attomey fees and cOltS for above matter:
L Complaint PrcpaJ!tion and Statutory Notice. $8,000
This assumes filing a lepl complaint in federal district court alleging duee claims -
Resource Conservation Recovery Act citizens' suit claim, and uesi-s and nuimace claims .
II. Initial Cue Mm•SS"!""! SlS,000 -S2S,OOO
This pbue includes:
• Preparation of Scbecbating Order and attend 1cbcduling conference.
• Preparation and review of Englewood and Bradley Rule 26(a)(l)
dilclolllres.
• Rapood to poaible motion to dismiss (NOTE : nature md scope ofdle
motion to dismia, and required rapome thereto, could increase costs).
m . Dilcovay. S20,ooo • S40,ooo
Oilcovay will include:
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Wrium dilcovcry (interrogatories, request for production of documents,
request for admissions) .
Depositions (fact and expert) .
Document control.
(NOTE : If other parties are added to the litigation, or if documentl produced are
voluminoua. discovery COits could increase sipificmdy.
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Dlllicl L. Brotzman. Eaq.
City of F.npewood
October 11, 2001
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CONFIDENTIAL
IV . Expert Coats. $45,000 • $55,000
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Anticiplffll expert COltl, based upon consultation wi1h Major Environmeatal, include :
• Additional site chancterizltion ($25,000 -$35,000).
• Pnlpcation of expert rcpons ($10,000 -Sl 5,000).
• Dcpoliiiam of opposing expens ($2,500 -$5,000) ( each side to pay
the other side's expert tatimoay fees at deposition).
V. Pn:uial and Trial Prg,mtjon Colts. $15 ,000 -$35,000
llaDS included in precrial and 1rial preparation include :
• Respome to Sllllllllm')' judpnent mocioos and/or filing tbaeof.
• Prq,anbon of jury instNclioas, wiau lisu, etc.
• Preplrltioo lDd respome to motiom ill WfliM.
VI. Trial. Five days. $15,000 -$25,000
lil003
Ca1aiD variables will affect the acc:uncy oflbil budget eatimltc; specifically, lbe
aillmCC of additiollll parties in the lawnit, counterClaims ml the agreuivmell of defendants
in the litiplian procm will tipiticandy impact toca1 com. In addition. Ibis est:imm does not
reflect the COIII rdaled to post-crial motions or the appeals process, if my.
We appreciate the opportunity to submit Ibis budget. Please call Norm or me if you have
my qumtiool .
Dana L. Ei.smeier
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lf:I HALL&EVANS uc
· ATTORNEYS AT LAW
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Hall & Evans. L.LC .. Attorneys at Law
0.,-• COICWMO Sonnp • WHl'ltr'lqton . o .c . 4b
1100 St'!'Mttmlt1 Sirttr . Suitt 1-00. !x•u'tT. CJlcmd,., 30102· :sr
Tt l 30 .'·5:S-JJOO fax .'OJ -?:S-JJ6J
0Av10 R . Sii.ou o....,.M
IIIRCUC,..O@ t-1A U.E.V A"'15 COM
,303, eze-332 7
Dan Brotzman , Esq.
Office of the City Attorney
City of Englewood
1000 Englewood Parkway
Englewood , CO 80110
u,1,i.·./r ,dlet •,ms .~·,.,,,1
September 25 , 2001
Re : Nestier and Davon ·;. C:ty of Erig!e •.'!ood . Luk ows ki et al
Arapahoe County District Court Case No . 99 CV 1984
Dear Dan :
As I previously indicated in our various discuss ions on this lawsuit , I ha ve litt le
question that the proposed settlement agreement is an exce ll ent method of res olving
this litigation. A judgment against the City at trial could result in a legal determination
that the City owns an easement to use and mainta in the C ity Ditch only and not a fee
interest in the City Ditch Right-of-Way . I bel ieve this dec ision would create an
unfavorable precedent for the City in other areas of the City Ditch . As a consequence , I
am pleased to recommend that this case be resolved by the City 's agreement to place a
fence across the City Ditch Right-of-Wa y , paralle l to Mr. Nestler's northern property
boundary . All other issues regarding ownership nghts would be reserved.
The initial meetings we had on this issue last year led to the formulation of a
proposed settlement agreement, and the document which Nestler's newest attorne y
now proposes is simply a fine tuning of the settlement agreement we all essentiall y
concurred in last year . The present settlement document has been revised to address
Nancy Reid 's concerns and essentially gives Nestler nothing more than what he already
has . Moreover. to push this matter through trial cou ld well IPnd t0 a situat iori in w h ic "'
the City would be required to actually condemn the property in question , if it des ires to
hold the property in fee simple .
Again, the practical side of this case is part of what compels me to believe
strongly that the present proposed resolution of this matter simply makes sense . The
only cost to the City is the fence in question and the settlement agreement maintains
the status quo, with neither Nestler nor the City changing their position on the ir
respective rights in the involved property.
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From the costs of the defense standpoint. the original trial date was vacated
because of a conflict on the court's calendar , and while it has not been reset I doubt that
any trial would ever take place in this matter . Rather. the new attorney representing
Nestler, John Sands , and I were basically agreed that the legal issue should be
submitted to the court on a set of st i pulated facts . S ince those of us who d iscu ssed this
matter from the City 's point of view agreed last year that the case should resolve itself
through a settlement agreement. we have not yet begun extensive legal research on the
exact title question involved in this matter. Therefore, the cost of further litigation is
somewhat difficult to estimate , but it wou ld probably be in the amount of several
thousand dollars without regard to a potent ial appea l. Once aga in, however , th is
resolut ion leaves both the City and Mr . Nestler in the same pos ition where both have
always been .
To again address the practical aspect of resolving this case by the rat her
innocuous proposed agreement, I think Mr . Sand 's observat ion on th is resolut ion is
accurate . He observed while we were discuss ing the final draft of the sett lement
agreement that litigating this matter through a trial would not reso lv e the issues
addressed in the proposed Consent Decree. By this , he meant that the settleme nt
document basically outlines what both the City and Mr. Nestler can do with this property
and it effectively simply allows both parties to cont inue to use the land as they alwa ys
have .
As I noted above, I am frankly pessimistic that we would prevail at any trial in thi s
matter in terms of establishing that the City owns this property outright. In any event , at
the risk of being redundant , the proposed resolution is in my mind largely favorable to
the C ity and avoids the cost of additional legal fees necessary to resolve the matter in
its present posture, to potentially pursue an appeal or to finance the cost of
condemnation should the trial in this matter result in an unfavorable ruling against the
City .
1-iopefully this correspondence outl ines reasons why I bel ieve this matter should
be resolved through the Consent Decree which you now have . In its present form, this
Decree represents the general philosophical issues which concerned the City last year
and , as I noted earlier , this document has been modified to meet the City 's additional
concerns . Hopefully this letter responds to your most
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recent request on this subject, but, if not , I would welcome any further inqu iry anyone
feels is necessary.
Very truly yours .
DRB/mw
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10-ll•ZOOI QJ :ZIPII FrcrMALL l EVANS lOHZUHI T-404 p. OOZ/00! F-101
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DISTRICT COUkT, ARAPAHOI! COUNTY,
COLOkADO
732S Sot1th Pacamac Sirect
~0010112
(}03) 64M3SS
l'laiadftts):
JEIUlY SCOTT Nl!STU!Jl 111d PAMJ!LA J.
DEVON,
Ddeadaat(s):
CITY OF l!NGIZWoot>, WAI..UCE
LUKOWSXI, SUSAN LUKOWSKJ, er al
ADOnllys for Plaintifti :
Jon f . Saad1
8-rom, Suda 111d Sander, p .c.
l62S8roadway, Suitc2100
Dmwt, co I0202
TelepllD,lc; (303) 592-SJOO
Faaimile· (301) S92-Sl30
Alklf1lcy lqillr..._, No .· 10680
llobart J . Hopp
Hopp A Flach. LLC
lll W. Hampden A.venue, Suire !10
"Enalcwood. CO IOl l0-2315
Telcplo1e : (303) I06-ll16
FIC:limile : (303} ~1111
Attorney Jtqillrllion No . 26811
• COURTUSI ONU' A
Cuc Number: 99CV1984
Div: 5 Ctnn:
STIPULATION POR srrn.DuN'f AND CONSDIT l»ICIIEE
THIS STIPULATION FOR. SHTTLEMENr AND CONSENT DFCIPE ii made
betw.ri Plainlilfa Jcny kou N__. Ud PIIIIIII J. ~ {'"Nader/DIWmj lad die Cay of Enalawood. Colorado (the "City'') .
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IOHZIIHI T-404 ,.oOl/0111 HOI
By: Davida.~
,200 I',. llrar, Suire J 700 n.vw. co I0202
Aaaniey b n. City oll!llflewaad
80S'r1oN SANDS~ SANDER, P.c.
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1625 ....... Suite 2100
I>cnv.r, co I0302
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REGU AR MEETING OF
OOD CllY COUNCIL
7:30 P.M.
nglewo o d Civ ic Cent r
Council Chambers
000 En glewood Park w y
Englew ood , CO 8011
Call to mde,. r;: !£~ ~
to o,at;oo /)~ n w
R}JY '
Pl edge of All egi an ce. ~ d
Ro ll Cal l. tli/ '7 ~
5 . Mi nut es.
~<:{ /~~t':J~~?_$luu~ ofm awou)nci l Meeting of Octobe r 1, 2
. c h duled is1 tor . (Pl ease limi t vou r presen ta tion to ten minutes.I
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7.
a . Golden Ma yo r and DR COG Cha irm an Jan Schenck will present a Local GO\ e rnmen t
Inn ova ti o ns Awards plaque to Engl ewood o n behalf o r th e De m e r Regio nal o un ci l of
Gove rnm ents. Th e Ci ty is receivi ng a second pl a e award in th e p rogram 's Me tr o
Vi: 11Y/OMJ:2rr t~ st~woo~iv~~nter.~~ '!Ail ~i;lgl;116 from th e Wj!~t~r_n Arap~ol,r~~~ty Ho meless Allian ce wil l be pr esent I v.._ __ _...
add ress Cit y Council . ( Hi}tJM.,,1 ~
c. Rosem ary LaPorta, Presid en t of th e Englew ood Hist o ri c al Socie t\, viii be present to
add res s Ci ty Co un c il rega rdin g th e Santa Fe De p o t tr a nsfer o i 01, ner hi p .
Sa ndra Bl vth e Pe rry, Dire cto r of lnt erFai th Task Forc e . will be presen .• 11 --1-,,r: ...
appreciati o n fo r;;~;:ci ?(iort. _ ~ {)M if} ~
Uosch,d"l,d Vlsltm,. (Ple,,e llmll yo "' P""otah o o to ll>e mm"t" I "';J~
Pleue note: If you h.tve a disability and nttd auxiliary aids or services, please notify the City of Englewood
(JOJ·i62·2405) at least 48 houn in advance of when services are needed. Thank you .
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Eng lewood City Co unol Agenda
Octobe r 15, 200 1
PJge2 ·••~
8. Co mmunica ti o ns, Procla mations, an d App o in tm en ts. ~ _
dfl''Jo a ~Uoa deda,;ag o,embe, ~ce ~ ~/f'fi)
9. Publi c Hearing (N ~ ~ ~ -'f !(}'f/
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10. ~~cesoa!,-:!:.,!!,
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COUNCIL BIL L NO. 6:2. Re co mm end ation from the Department oi Pu blic
Works to adopt a bill for an ordinan ce approving an Encr o ac hmen t Ag reemen t
for 3024 South Grant Street. STAFF SOURCE: Ken Ross, Director of Public
Works.
ii. COUNC IL BILL NO. 6 7 . Recommenda ti o n fro m th e D epartm ent of Fina nci al
Se rv ices to adopt a bi ll fo r an ordinan ce es tablis hin g th e 200 1 Mill Le,, t o be
coll ect ed in :2002. STAFF SOURCE : Frank Gryglewicz, Director of Finance and
Administrative Services.
iii .
iv.
V.
COUNCIL BILL NO. 68 · Recom mendati o n from th e D epartm en t of Fi n ancial
Services to adopt a bill for an ord inan ce approving th e 2002 Bud ge t. STAFF
SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services.
COUNCIL BILL NO . 69 · Rec ommendati o n fr o m th e Depart m en t of Fina nce and
Administrative Services to ad op t a bill for an o r di nance appro pria tin g th e 2002
Bud ge t. STAFF SOURCE: Frank Gryglewicz, Director of Finance and
Administrative Services.
COUNCIL BILL NO. 70 · Rec ommendati o n fr o m th e D partm nt o f Pu blic
Wo rk s to ad o pt a bill fo r an o rdinan ce crea tin g a Transpo rt ati o n Advisory
Committee . STAFF SOURCE: Ken Ross, Director of Public Works.
Approva l of O rdin ances o n Second Rea din g.
i.
ii.
COUNCIL BI LL 0 . 61 , am ending Ti tl e 1-7·2 of th e Eng lewood Munic ip al Code
pertaining to jurisdi ction and power of th e Cou rt.
co 1CIL BILL 0 . 3, apprO\ ing an En c roachm ent Ag ree m en t at 200 1 'v\/.
Bak er A, enue .
COU CIL BIL L 0 . 6 4, apprO\ 1ng an Int ergovern m ental Agre em ent w ith the
Dem er 'Nater Board to r th e Tra nsier of Wa ter Serv ices.
CO IL BIL L 0 . 6, term inat111g th e Radi o Tower Pr ope rty Lease w ith ABC ,
In c., ,, h1 ch c an no longer be a co mm oda ted as a res ult o f th e Phas e 2
Expansion 0 1 th e L1ttl eto n/Eng le \\oo d Was t e, at er Treatmen t Pl ant.
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood
(3 03-7&2·2'85 ) .at least 48 houn in adv.ance of when services .are needed. Thank you .
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Englewood Cit y Co un cil Agenda
Oc tober 15, 200 1
Page 3
c. Resolu t io ns and M o ti o ns .
ii .
iii.
Recomm endatio n fro m th e Department o f Finan c ial Servi ces to adop t a
resolu tion approp riat ing funds for City C o unc il 's co ntributio n to th e Metro
STAFF SOURCE: Frank Gryglewicz, Director of Financial
Re commendatio n fr o m the littleton/E vood \ as tewa te r Treatment Plant
Superviso ry Committee to approve, b m o t~ th e purchase o r o ne manure
sp reader. Staff re commends awa rdin g ecorftract to th e lowest tec hnica l!
acceptable bidder. Knight Equipment Sa les , in th e am o unt of S ::!::!.il 4 . STAFF
SOURCE: Stewart H. Fonda , Utilities Director, and Jim Tallent, Operations
Division Manager.
Rec o mmenda ti on from th e D epa rtm en t o f Pu b li c W o rks to apprm e, b ~
th e purc has e of a front end lo ad er. Staff recommends awarding th co ntrac t to
the lowes t bidder. Powe r Equipmen t C o mpany. in th e amoun t o r Si::!.444.
STAFF SOURCE: Ken Ross, Director of Public Works .
11 . Regular Agenda .
A reso lutio n es tablishing th e annua l sa lary fo r th e Citv Manager.
A reso lutio n establishin g the annual sala ry for th e C it Attornev.
13. City Manager's Rep o rt .
PleilH note: If you have a 6abilly MCI need uxiliary aidl or semen, pleaH notify the City of Englewood
(303-762-2405) al i..t 41 houn in advance of when semen are needed. ~nk you.
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Englewood City Coun cil Ag end a
Octob er 15. 200 1
Page 4
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14 . City A tt o rn ey's Rep o rt.
a. Recommendati o n, ~~joi n th e Englew oo d En v iro nm ental Fo und ati o n,
Trammell Cro w , an · · ga rt en Rea lty in filing sui t aga in st the Br adl ey Servi c e lo St at ion, et al , to stop en v iro nm ental haza r ds from migrati ng o nto th e Ci ty
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Ce nter
property and to recove r damages fo r env iro nm ental contam in311o i:;. gi~,s~1 ~radle y,
et al, as well as for remediati o n and prevent ative steps taken . .,t;}IJJ ~
b . Recommendati o n to approve, b mo tio n , he se ttl em ent p roposa l in Jerry Sco tt N estl er t/
and Pamela J. Devo n vs. Ci ty of ngle, , Wa ll ace Luk ows ki , Susa n Lu kowsk i, et al.· /~
Arapah oe Co un ty D istri ct Co urt ase No. 99 CV 1984 . A p p ro ed at En glewo od Wa ter <::;;,o ·
and Sew er Boa rd meet in g O ct ober 9, 200 1. ~ ·
Adj o urnment. -1: ~
Th e fo ll ow;og m ;o,,e, w,7:::::::, <o c;~ Co ood l beosee o Sep,e m be, 28 aod Oc<o be, I 1 ,
200 1:
En glewood H o usin g A utho rity mee ti ng of Aug ust 1, 200 1
En glewood C ultural Arts Co mmi ssi o n m ee tin g o f September 5, 200 1
En glewood Liqu o r Li censin g A utho ri ty m ee ting of Sept em ber 5, 200 1
Engle w o o d Parks and Rec reati o n meetin g of Sep tem ber 13, 200 1
Engle wood C o de Enfo rc em ent Adv is ory Committee m ee tin g of Se ptember 19, 200 1
Englewood Liqu o r Licen sing Authority meetin g o f O ctober 3. 200 1
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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