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HomeMy WebLinkAbout2001-10-15 (Regular) Meeting Agenda Packet• • - • ... • - 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 • 0 • 0 0 I • 0 • • -• • • • 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 • • I • 0 - • • • Englewood City Council October 15, 2001 Page 2 /' . • • - 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 . • • f ) I • 0 • • • Englewood City Council October 15 . 200 I Page 3 • , . • - 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 . • ) I • 0 • • • Englewood City Council October 15, 2001 Page 4 • • - 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. • ) I • 0 - • • • Englewood City Council October IS. 2001 Page S • • - 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 • ) I • 0 - • • • Engle"·ood City Council October IS. 2001 Page6 • ... • - 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 • ) I • 0 • • -• Englewood Cit~, Council October IS , 2001 Page 7 • .. • - 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 • • * •• • ) I • 0 • • -• Englewood Cily Council October IS, 2001 Page8 I• , ' • • -' 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 • " ) I • 0 ]~ • • -• Englewood City Council October IS, 2001 Page9 '· •' t - No public hearing was scheduled before Council. 10 . Consent Agenda ,,,-. • • - 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 . • . , ) I • 0 • • -• Enclewood Cit)' Council Oc:tober 15. 2001 Pace 10 • • • .. (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 . .. ) I • 0 - • • -• Englewood City Council October 15. 200 I Page II ..... ,..-. • , . • • ' (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 . • ) I • 0 • • -• Englewood City Council October 15, 2001 Page 12 '' ~· .,-· . • • -.. 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 . I • 0 ]- • • • Englewood City Council October 15, 2001 Page 13 • • - 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 . • I • 0 • • • Englewood City Council October 15. 2001 Page 14 /. ,. • • - 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." • • ) I • 0 • • • Englewood Cil)' Coundl October JS . 2001 Page JS • • - 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 . • ) I • 0 • • -• Englewood City Council October 15. 2001 Page 16 • .. • - 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 . • ) I • 0 • • -• Englewood City Council October 15, 2001 Page 17 .,,..-----• .. • -.. 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 ) I • 0 ] • -• Englewood City Council October 15, 200 I Page 18 (a) Ma yor's C ho ice • .. • -' (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. •• * * 1ft 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. • ) I • 0 l • • • Englewood City Council October 15 , 2001 Page 19 ,. •,1 ,. (v) Coun c il Member Bradshaw: • • -' 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 • I • 0 ] • -• Englewood City Council October 15, 2001 Page 20 .. : ~ j -~ • .. • -' 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 . • I • 0 ] • • -• Enghi"·ood City Council October 15. 2001 Page 21 • • - 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 . I • 0 • • -• Englewood City Council October 15, 2001 Page 22 • • - 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. • I • 0 - • • • Engle...,ood City Council October JS, 2001 Page 23 Council Member Grazulis said that sounds very good. • • - 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 . • I • 0 •' • -• Englewood City Council October IS. 200 I Page 24 • • - 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 . • I • 0 r • • --• Englewood City Council Odober IS. 2001 Page 2S • • - , . .. 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 • I • 0 • • • Englewood City Council October 15, 2001 Page 26 ~ --• .. • -.. (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 . • . ' I • 0 2 • • ... --. • • - 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.) -• 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. • ) I . 0 • • -------------------------.. ,------- Englewood Citv Co un ci l Agenda Octob er 15, 200 1 Page 2 • • • ' 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. -• 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 . I • 0 • , . • -' 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. •· I • 0 • • • .. • -.. 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 ~ • 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 . • I . ' . I • C, • • .. . • • 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 I • 0 e l j • Engle"ood City Coun ci l October I. 200 I Pa ge 2 • • - 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 . • I • 0 Englewood City Council October I , 200 I Page 3 • • - 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 • I • 0 • • • • • - Englewood City Council October I , 200 I Page -l 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. • I • 0 ] • • ,_. Englewood City Council October I, 200 I Page 5 • ... • • 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 • • ,+ , I I • 0 • • -• • ... • -... Englewood City Council October I, 200 I Page 6 (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 • I • 0 - • • -• Englewood City Council October I. 200 I Page 7 . ~". • • -.. 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 • ' . I • 0 • • • Englewood City Council October I. 200 I Page 8 Absent: The motion carried. ~ . • .. • - 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. • • . I • 0 - • • -• Englewood City Co uncil October 1. 200 l Page 9 • • - 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: • . . ) I • 0 • • • Engle wood City Counc il Octo ber I , 200 I Page 10 Ayes : Nays: Abse nt : The mouon carried. 12 . General Discussion (a ) Mayor's Cho ice ,.-. • • - 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 . • ., I • 0 J • ------------------------=.~-~~----------------...-----------------,i~------ Englewood City Council October 1, 200 I Page 11 • .. • - (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 . * * * * • • I I • 0 I - • -• • • -.. 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 • .. I • 0 • - 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.::;, I - I ... § N " .s • E i= E C, I ... g N • • -• • ... 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 d ) I • 0 • • -• • ,. ~ \ . .. • • 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 . ' .. I . 0 • • • • I • .. .. • -~ 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 . ..: .. ) I· 0 • • -. I •.,' a • ,. • ' -' HOUSING CONTINUUM BUILDING BLOCKS FOR SUCCESS a a NOT HONELESS HOMELESS OR "AT RISK" 'OF HOMELESSNESS --.... SUPPORTIVE SERVICES 0 a case managemen~ child care, substance abuse, education, job training, language skills, etc. l MAXIMUM PERSONAL INDEPENDENCE SELF sumaENT 0 - • • l • ... 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. -• • • -.. 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. • 0 •, 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 -... __ _ 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 0 • -. • ,-... • - 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 • I· 0 PLEASE PRINT NAME • • -. • ·~ • -' PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNIICHEDULED Vl8rrGR8 DATE: October 15, 2001 UNSCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES ADDRESS • .. TOPIC 1 I I· 0 • • -. ,. .. • I • .. • - 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 . • I . 0 • -. • l . • - 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 • DATE 9 · 2 5 ·C ,, g -21-c r C ,, r ' .,,..·-f 7 -..r ;-c 7 -c3 9 -o / • I· 0 - • • -. ,,... . • • • 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 -:--J-f'-o J Q -~C)-0\ °l -~~"?-c 'J-'2:Y -ci( 7-.,).7-0/ C?/-(. 7' -o/ $-cfi <)( fl.:J _:?_--() ( 2, 2/~ / J J,, ·1, /J/ • I • 0 • • • .. • • .. 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, ' ' JJJ/J .1 .t:;.. , f;u I 1 ~rif' r /J / / .,. / ·/! TJ I JJ/ I .-. -r · C ~ --' --4l 1 ,.Jt .J v.. ,~-;,'-C ,' i<./Ze.,, -· .. i_1....,~-~> / • • ,. \ . ' - I . 0 I • . . .. • < . . ' -' NAME ADDRESS • • •· 0 • ,_.. . • ]- • -.. OCT ~ 2001 • • I . 0 • • • 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 ,,-. • • - Dear Englewood / / Police: n __ . a _ I ~~-~~~ ... 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 . • • I • 0 • • • 0 - 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 • 8 a • • • • .. • -' 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 . -I - • I • 0 • • • ...... }' .. . ... • -... 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 -2- • ,• ... ' • I • 0 • • • • ,, • - 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 . 5 . 6 . i . 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 . • • X .. I a I T A ) I • 0 • • - • • - 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 ) ss. con.:TY OF ) Tri - 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 • 0 I • 0 • • • I "'•• • - 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. 0 I • 0 ' .... ORDINANCE NO ._ SERIES OF 2001 ;;,-· • • - BY AUTHORITY A BILL FOR .. 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 -I - I • 0 - • • - Date O cto ber 15 , 2001 ,. • • .. • • COUNCIL COMMUNICATION Agenda Item IO;i 1i 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 • 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 • ., I • 0 • • , ~:. .. I •• • -' 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 -2- • I I • 0 ]- • • • • • ..... • - 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 -I - I • 0 • • • • ,. •, .. • • 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 • I • 0 ] • I '\• • - 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 -2- • 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 • t I • 0 -;,-. • ' .. .. . • • I • - 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 '- -3- -• • .. ·-• • 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 -4- ;,-·• • ... <. ,:.. • • 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 • -5- -• • 4 "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 ) I • 0 ,,-. ., • ... • -.. 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 -6- ? • • .. Parks and Recreation Trust Fund Fund Balance, January 1, 2002 Revenues Expenditures Fund Balance, December 31 , 2002 • • - Specja) Assessment Surplus & Deficiency Fund Fund Balance, January 1, 2002 Revenues Expenditures and Transfers Fund Balance, December 31. 2002 Sectjon 9 JOINT VENTURES ... .. 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 -7- .. • • J I • C, • • • ;,--• • ···-j . ' " • - 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 -8- • I • 0 • • .. • - ORDINANCE NO ._ SERIES OF 2001 BY AUTHORITY A BILL FOR /~ii 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 -1- 'I I· • • -• • • - 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 -2- • • I • 0 • • -• • • - 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 -3- .. $ 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 I • 0 • • -• '· . ... ::--·· • • - 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 -4- • I • ]-- • • ... • • ... 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 ) I • 0 • • ORDlNANCE NO . SERIES OF 2001 .. /' • 0 - 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 . -I • • I • 0 l e r • • • .. • - 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 • J ) I • C, • • • ' . ,. ---. • • - 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. -2- • ) I • 0 • • C • • .. • -.. 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. -3- • , . •, I • 0 3 . . •.. ··~ /' • • - .. .... 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 -4- ... . ' I • 0 • • -• /'. • • - 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 . -I - • ., 10 bi ) I • 0 • • • ,,.. .. • • - 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. -2- ) I • 0 • • • - 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 EMC.. -3- 0 I • 0 • • • .,.. . • . .. , • - 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. -4- • ) I • 0 - • • • . l -- • - 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 -5- • • • I I • 0 X • • ORDINANCE NO._ SERIES OF 2001 • • - 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. • I • 10 b ii ) I • 0 ] • • • ,,.~ • h-.,,, ' • -' 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 -2- ~· ' • '1 I • 0 - • • • .,.. . • • • 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 . ~ )< ... I e I T A I • 0 ]- • • -• ) .. ... .. ,.. --• .. • - 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 . -~-;~---</ :}:,.A t My Commission expires : ._/ ~ • I .. . I • 0 ., • ORDINANCE NO ._ SERIES OF 2001 • • - 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. -I - • 10 b iii I • 0 ] • • • • • -' 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 -2- • I I • 0 3 • • • ,,.-. • •,. • - 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 . • t t a C h m e n 1 I • 0 - • • -• • • -.. 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 •· • l I • 0 • • • •,. Size 3/4" 1" l•l/4" 1-1/2" 2" 3" 4" 6" I" 10" 12" '" __.. . • • -.. IIIUJIT A PQtmur !NCY CRAR-r 3/4Inch Pqa;ntem 2 3 4 8 18 36 200 360 600 ... .. ' ' I . 0 - ORDINANCE NO._ SERIES OF 2001 • • - 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. -I - 0 10 b iv I • 0 -- • • -• • J• • •• • -.. 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 -2- • •, • J I • 0 • RESOLUTION NO._ SERIES OF 2001 • • • .. 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 I • 0 • • -• Date Oct obe r 15, 200 1 Initiated By Departm ent of Fin ancial Servi ces • • - COUNCIL COMMUNICATION Agenda Item 10 C i 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 •· I • 0 • • • . .. ,. .. • - 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 •· • I ... I • 0 2X • • -• • • - 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 0 T ota f xcept10ns: $22,714.00 See Exceptions section. Warranty information not included. -- $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 . -- N/R - N/R 0 • ... 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 • • • - 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 I I ... Strasburg I Wi kham Eq uipm e nt Tracto r Co . Co -I - 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 ) I 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 I • 0 • • I "- -• • -. • -' 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 • ' I • 0 • .. • • 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: • Ci ty Manager 's Re view: Approved: __ Not Approve d : __ • I • 0 l e r • • • •,. • - 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 • ) I • C, • •1 . . ... • • - 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 P "!J"I • 0 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 ] • • -. STATE AWARD ,,--. • .... ~ • -.. 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 @) §) YES YES @) YES @> YES NO NO NO NO DEPARTMENT VEHICLE ASSIGNED TO -'0"""'--"J""'-',3L-'J.,__ ___ _ COMMENTS : .. Hi'lv l1ac.L oft OCl[{lZta I b,cl 4/Lb!Ot . ~ ' . 0 I • 0 • • • I• ... • • • FOL"R W"HEL DR.Iv= LOADER Minimum Specific:uions ... 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 . • • I • 0 - • • ..... • -' FOUR \\'"HEEL DRIVE LOADER Minimum Specifications .. 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 '). . I . 0 • • ,,-· • ; •,. • • 0 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 __________ _ • • • I • 0 • • • • 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 _____________ _ • • I • 0 • • - • • - 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=-------------- • I • 0 • • -. • .. • -.. 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 • ,o I· 0 ] • • l .. J J J J J ] ] • .. • :! ...J .. • .. -• • .. ... • -... 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 • • I· 0 • • ----- O RDI 1 Ai CE NO ._ S ERIE S OF 2001 --. • • - 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. -• t·~-~J...j • --- ... 11 bi I • 0 - • • • -· • .. • - 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. 2 • I • 0 • • • .,.-. • , , • - 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, 3 • I • 0 - • j • • • • ~ 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 ~- 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. 4 .. I • 0 - • • • • - 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 . 5 • ) I • 0 • • -• g. • I-• .. • • ' 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 . 6 • • I • 0 - • • • - 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. 7 • • I • 0 • • -----,...-• • -' Published as a Bill for an Ordinance on the 10th day of August. 2001. A Public Hearing was held on September 4 , 2001. 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 8 ... I • 0 ORDINANCE NO ._ SERIES OF 2001 . . .. ,,-. • • -' 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. .. 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. • 0 I • 0 - • • • -----------.,-----------:-··--~-• • -.. 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. 2 I • 0 • • • ~-. • - 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 . 8 . 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 . 3 • ) I • 0 - • -• • ,. · .. • - 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. 4 • .. I • 0 l • • • • ... • - 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. 5 • ) I • 0 • • ... • - 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. / ;? 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 -• 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. 6 • 0 I • 0 • • • • - 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. 7 • ) I • 0 • • • • • • ., 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. 8 • I • 0 • • • ... • -.. 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 9 , . • I ) I • 0 • • • • G - 11 b ii 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 : ;<) -I - • I • 0 I • -• • ...... • -' 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. -2- • >' ' • . . 0 I • 0 • • • l • .... • • 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 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 -3- • ,. .. 'I I • 0 • • I • ORDINANCE ~O. _ SERIES OF 2001 • • - 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 . -I - • I • 0 • • • •·' . . . ~ .. ,. • I - • - 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. -2- • I • 0 • • • • I• ~ .. • • 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 -3- .. . , ... ) I • 0 • • • AmsoLUTION NO._ SERIES OF 2001 • I -------• • • ' 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 • •, > I • 0 2 • • • JBS()LUTION NO._ '!!ERIES OF 2001 I• • .. • - 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 • ... .. 1::? b ii ) I • 0 • • • RESOLUTION NO ._ SERIES OF 2001 -· • • - 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 ., • I 12 b iii I • 0 • • -. • . . • - 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: • • • 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. • I· 0 • • ~----!l,:,cO:...,ll~l/01 lZ :05 FAI 303711%777 Dlllicl L. Brotzman. Eaq. City of F.npewood October 11, 2001 Pagel • .. • -' BURNS FIGA • WILL CONFIDENTIAL IV . Expert Coats. $45,000 • $55,000 . . . ""' 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 DLE:nav I· 0 • .. lf:I HALL&EVANS uc · ATTORNEYS AT LAW • • - 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. , . I . 0 • September 25 , 20 0 I Page: 2 : ~. • • - 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 • ... I· 0 ] • • • September 25, 200 1 Page : 3 ....... -·-----• • • ' .. . ""' recent request on this subject, but, if not , I would welcome any further inqu iry anyone feels is necessary. Very truly yours . DRB/mw • ~· ..: ' ··, ~ • ' I· 0 • • • ... • - -' 10-ll•ZOOI QJ :ZIPII FrcrMALL l EVANS lOHZUHI T-404 p. OOZ/00! F-101 • 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'') . • I . 0 F, ( • ll • ( . • ! i '1·1 tf''i: f 11 i11 1~.r.r1: H lf-ll)! I~ i J ·J~ ~rfl{~ '1 1~ ~-lo lr ~ l~~ ,.~la;~; ~ i i · ~ ' a. t I: a· • . ~-, . 11 g 1 i ; iJ t if :j a I ,.1: r HsJ.2..-, = ;. .1:i: , a:· c 8 • r 1J ·.i!f ~ :: ,d9 ifIHQ f;j 1~-' 1~•· . ha 1ra !hl1:r1· .. i I i &' j I ( f f f SI, .. I' i f I l ( !:I g_ Ii a_ l r;;-. a· J 8 6 2. Jtl ft: ~ . I .. IK"'i! i"f f s f '·1, s11f,f l )1 1t.,r ~i[~~ r~l alr1~1 f ii. t: H i'] £ i l i 1f ~ • ~ t • w I i .1-~ . t.12.s isfJil i s9 ~~if ,JJ; 1;, ii,l#f I nJfl t~. ti If ~t~l l~ff ii iflla ¥ J:BE 1 !fig-( ~f f}t~ Jff9 (i( nJ>lfi ilf1 t1 1tlrf I (s ~111 ~1~1 ~!l 11!,11 'I'' 11 .,, 1 ,ii &1., t~, 11 11 f :Bf J.tf !tf i h : } i~h ,;h tf · -~ r if.h f~I-lj:f I' h f h •ff! f! Ulf 1i I f 1: 11 f} I l i· ~ i l ( j I l n l n 5' n l.:-1 sJ 1111,, i ··t ,., CI"'~ J ! t !I Bi ~-•·1 x-. i c i r n: r f. t -· I I a :!. :: l 11. f.,. s· f ~ 8 t J· J f l .VJ 8 ..., • • 0 I i I ... I i I \ I . • I ______,."' l,i • • __ )J ! •.1 D I ' = . tr I JP PJf If In Hf JI = I~ : 1 .. ;~ ., .. rl ., .... ~,;,. • i,1 I . . . ' 1t!i' JF ilJ 1f i!o1 i' e!!i' jll!· ... .. !:! ~ h 1-If j• f(lf, I rue ·I •I ... -f f ~tS&. r • t _ ~ 1· .. • • r~~ ~ ' · .. ,. ~ l~J tf ~ti liillfJ ~ jili iJttr r • ,.:-1. . ::.....::_ L •)' l,, i j ijl it Ii Uf JIP ! .. , i· • :U•-= ~ I . . i J a. .[ f it · · 1. i.11 · I l"fa I l gl 1(1 J .1. } nfl ls1J.I ... I - • • !"" .. . I I ' r 119' 5 1t ii 1111 I J. ;J .. i .. , •· r t1f I 11 • :~; [a! f .; t-l 9,J•I i l ! t' IJhf I h I! Jl ... !i! 1-11 'liit.1 i iii lf1•i t ~ -= ·, i'l 6 11, .111 1.t 11 lo: i t f f ·~ g . s ..., . . ' • • 0 J 10-11-Zlll U :Zbl Pra-llW. I IVAIIS l • • • -· • .. • • ' ' ~ 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. a, .. _________ _ 1aa, ..... 1625 ....... Suite 2100 I>cnv.r, co I0302 -.., ... Jtny 111d Pim Nell1lr • ,. .. ' . ) I· 0 • • . ' ,. • • - 1k:::f:/:::1~ /. Mr-N-a-~ ?--. ~ ----- 3-~~~ ¥. /J.dwi·-~- 12 v > --IIJ~ V V ~v vv~:nt-v 'AAAA.:lfP.~ V • I . 0 • • • - • I · o -. • • • -.. ) I · o -. • • • -. . .. • • -' . ' . .... , ' ( ) I · o • • • 1. 1 . 3 . 4 . • • -' 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 -• 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 . • ) I • 0 ] • • - • .. • - 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/ • 10. ~~cesoa!,-:!:.,!!, 0 ''./ ~ 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 . • .. . ' ) I • 0 • • ,.,..-. • • • 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. I • 0 l • • • ... .. ( - • • Englewood City Coun cil Ag end a Octob er 15. 200 1 Page 4 • 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 1 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 . • I I • 0