HomeMy WebLinkAbout2001-11-05 (Regular) Meeting Agenda Packet]--), ~. : ..
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November 5, 200,
Regular City Council Meeting
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Ordinance
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Resolution
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Regular City Council Meeting
November 5, 2001
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD. ARAPAHOE COUNTY, COLORADO
Call to Order
Regular Session
November 5. 2001
The regular meeting of the Englewood C it y Cou nci l was ca ll ed to order by Ma yor Burn s at 7 .-1 3 p .111 .
Mayor Bums thanked everyone for waiting .
2. ln,•oution
The invocauon was give n by Mayor Bum .
3. Pledge of Allegianc:e
The Pledg e of Allegiance was led by Mayor Bums .
4 . Roll Call
Present :
Absent :
A quorum was present.
Also present :
5. Minutes
Co uncil Members razuhs . Garre ll . Bradshaw. \Volos yn. Bums
Coun ci l Member :S:abhol 1.. Yurch1ck
City Manager Sears
C11y Anome) Brot zman
City Cle rk Elh s
Dcpu t~ C II) ( krk \\'h11e
(a) COUNCIi. MEMBER WOLOSYN MOVED. AND IT WAS SECO~DED. TO
APPRO\'E THE MINUTES OF THE REGl'l .AR CIT\' COUNCIL MHTl~G OF OCTOBER I!-.
2001.
Ayes :
Nays :
Absent:
Motion carried .
Co unci l Members Garre ll, Bradshaw, \Volusyn , Gra zuli s. Burn s
None
Co un ci l Members Na bh o lz. Yurchick
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Mayor Bums noted that we have two scheduled vis itor s tonight who are her e 10 address Coun 11 on the
lea sh law and the number of animals . We have an announcement we would like to make . he sa id .
so mething we discussed at Study Session about some additional acco nunoda11 on s for folk s " ho hke to 1ra111
their dogs off-lea sh . I am going 10 defer to Co un ci l Member Doug Garre n , who has dis cus sed 1h1s "1th th,·
Park s and Re crea ti on Department.
Coun cil Member Ga rrell said he ha s had several e-mails and he has talked to a co uple of people and one of
their co ncerns with the legislation , as currently dratied. is that dogs would ha ve to be on a leash al all 111ncs .
We hav e heard from a lot of dog owners who would hk e 10 have the ab1l11y. at leas t dunng ,omc· lm111ed
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times. to ha ve their dog off-leash for either rec reation . training or whatnot. So what we are proposin g is to
make a modification to the ordinance thi s evening that will all ow the Park s and Recreati o n Comm1 ss1on to
come up with a pilot program. What we enns1on. he said . is that there will be some time m the mo rnin g
and some time in the evening where you could take your dog to a park . off-leash. but they would snll ha,·e
to be under control. Not on the sidewalks. but in the parks . The Park s and Rec reation Commi ss io n can
help define that , he said. That is what we will be proposing this evening. later in thi s session. and we w ill
tum it over to Parks and Recreation C omrrussion to help tailor that pilot program. We will probably d o it
for about a ye ar, he said. and see how 1t works m tryin g to accommodate everybody·s needs. I a m al so o n
the Park s and Recreati o n Co nunission. he ,a,d. and 1f yo u ha ,·e any partic ular con1111cnt , o n th a t. pkast' rc ,·1
free to call me or e-mail me about your issue s and I will be glad to convey them to the Com 1111 ss 10 11 Also.
you can contact Jerrell Black. the Director of Parks and Rec reation directl y. We will be g lad to tak e yo ur
is sues and concerns under advisement. he said . I know some of you are here to talk about th at very issue .
Coun ci l Member Bradshaw noted that that doesn ·1 preclude an yo ne from s peaking.
6. Scheduled Visitors
(a) Laurie Roulston said, in lieu of Council Member G arrett 's comment s. I am chang in g my
pre pared peec h. Thank.you all so much for be in g sensiu ve to all me mbers of th e Eng le wood co111mu111 t)
I rea ll , feel thi s law did no t address the need s of a ll people. JUS t a certain fr". I a lso \\Otild lik e for ,ou 10
cons ider a few th ings maybe you ha ve n 't yet. I am a tea che r at Eng lewood Hi g h Sc hool. she sa id . and 111
order to g raduate. se ni o rs ha ve to s how so many hours of community se rvi ce. O ne o f the It e ms that mi g ht
be cons id ered 1s ha ving a Career Pathways. in which people wh o are intere sted m communit y affairs ca n
become fam1har wuh how laws become enacted. I know that most of my s tudent s are ve ry mterested 111 the
o utcome of thi s ordinance. as they all own pets and the y have now become interes ted in how o rdmance
be ome laws m their own community. I am really pleased that yo u have acknowledged ho w certain dogs
require more exercise than they can get in a back yard. From a teachers pers pective . s he said . I apprec iate
yo u promoting the positives of the good. well-behaved. responsible pet owners that take the d ogs o ut and
let them s mell , let them interact with people, let the people socialize and let the dogs soc iali .le . M .
Ro ul ston tated that this also promotes good, re sponsible c ui zens hip. I thank animals are a \l ay "e can
comw ct "1th the world we hve an , she said , and students haw defimtel y conne cted "1th thi s ordmanct' and
I am g lad to see th1 change . She thanked Coun cil
Ma yo r Burns thanked Ms. Roulston.
(b ) Jane Co leman said I am also about to tear up m y s peech. I apprec iate your cons 1dera11 o n
of the off-leash issue . she said, and I do think Englewood ne eds a lea sh law for the s id ewa lk s a nd tht'
stree ts of Engle wood. I think that is a given. Howeve r, many of Eng lewood ·, se ni or t ltl .l en, ha, e dogs.
Englewood is a community of se nior c itizens. I have some fa cts here that s how that people who own dogs
have le ss high blood pressure. it reduces anxiety and depression and 1t eve n lead s to a fa s ter recovery fr om
surge ry. So owning a dog or a pet is something that a se ni o r ci ti u n o n a fix ed mcome ca n enJ o y a nd Io,, .
and it is really good for everybody. Being able 10 go off-lea sh 111 a sec ured area . hke a park leads to
ocia hn u on be twee n se nior citi7ens and allo " th e dogs to ,ocmhze It 1s a good th111 g . ,he 5a 1d . II 1s good
for the community and for everyone. I applaud yo u for l1 sten111g to our needs and feelmgs . Dogs are no t
only man ·s best friend , the y are also woman's best fnend . S he thanked Council.
Ma yo r Bums thanked Ms . Coleman.
7 . Unscheduled Visitors
(a) Tom Manin advised that he lives next to Jason Park on Princeton Place and I a m here to
address the dog issue. I am afraid that if the park becomes an unleashed park we will have an eight-acre
dead zone there . Nobody really uses the park except for soccer players and dog walkers. he sa id. so I
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would be concerned that we \\OU ld ha,e a ,ery large. unused area 111 the 1t y. Another concern would be
that now I ha ve a dog I ha ve to exercise . With the proposed law I would have to lea,e the 1t y to do that .
unl ess Mr. Garrett's proposa l is approved. I love tha t idea . he said The first I !ward of1t "' th1 e,enmg
Mayor Bums and Counci l Member Bradshaw noted that they had also JUSt heard about ll th1 s e , en111g . \Ir
Martm said it is a wonderful idea and I trul y appreciate Coun c il "o rk111 g on that
Council Member Garren noted that he talked to C harle s White earlier toda y. Mr. Marttn ad, 1sed that \I r
While 1s his roommate. Mr . Garren advised that Mr White helped him \\Ork throug h thi s tlm aftanoo n
~Ir Martin aid Mr While had told him that he had talked to Mr Garrett toda, \1, \lan111 ,J 1d I do
Jppn.·1..·1Jl1..' our 1.:0ll\ asauons.
Mr. Marttn said he is just concerned as we h3\e to leave the C it y to do ou r shopping. becau e o f th e do,1 ng
of C inderella Ctty. we don ·1 ha ve a big restaurant base m this town and no" I have to leave the C'll y to
walk my dog. Englewood needs to be able to offer their citizens a lifestyle . He thanked Council
Mayor Bums thanked Mr. Martin.
(b) Scott McClurkin. 3270 South Lafayette Street. said he is against the lea s h la\\. I am one
of those few responsible pet owners who walk their dogs without a leash. I allo" them to pla~ "llh o ther
dogs in the parks . We play ball and Fn bee "1th o ur animals. On a hot su mmer day" c allu" our a111rnJI
to cool themselves in the creeks and po nd s of o ur parks. At no tune have I see n or heard of an yone
attacked by any animal dunng thi s time of responsible control of the 1r anima l . Mr. McC lurk,n no ted 1ha1
he was present at the la st C ll y Council meeting and he listened to the po t office employee, and "e heJrd
horror stories of dog attacks and dog psyc hology. that the y a re very territonal. We hea rd about dog almost
going through doors and windows of homes. We have dogs Jumpmg o ver fences and commg aro und to
attack postal carriers and I believed them. We understand the postal en ice can impose penalties uch a s
deny111g an enttre block their mail if the carriers feel threatened And the ) an But h3\e th t'~ > I don 't
know. Mr. McClurkin pointed out that in no instance wa s there a ca e of a m:11 I cam er o r an ybod y el se
be111g attacked while a dog was being walked or was bt'111g allo"ed to pla ) 111 a park ·o 1s 11 ·1 tlrn. th,· re al
problem? Dogs at-large with no visible. responsible O\\ner 111 s ig ht l;,11 ·1 th, the 1eJI pwbkm·• Uo11·1 ""
have laws to that effecr> Why aren·1 th ose la" t'nforced and th e Jn1111JI p1,·~c·d up J nd th,· t1\\ne 1 finc'd' It
you can ·1 enforce thi s minor law and, of course. pardo n Ill) language. the dog poop IJ\, Jnd o f cour,e.
}UU 1..Jn ·1 c-nfon.:t: it. 11 1::i k.111d of ::idf-po lJCm g . hu\, Jlt: \\1,,: _t!.lHng w 1..·nfo 11. .. 1..· thi.... U1Jl'Olll J J1 kJ\h IJ ,,'
Now I keep my animal in the hou se when I am !,;One . ~k ha; a habll of Jum ping the t',:n.:,· "hen I am not
there . therefore ne gati ng my responsible control of my dog For tho c of us "hose dog, Jump over the
fence . go throug h the fence. around the fence . perhaps with their kn owled ge or without thctr knowledge .
why isn·t that being addressed'! Are we gomg to ha ve a law that will requ ire barbed \\'1re fences . ce rtam
heights to fence s. guard towers or s po tlight s? Who kn ows·' Perhaps m conJ un c 11on "llh the post offi ce
that problem can be so lved . To guard dogs going through doors and wmdows. 1s the C ll y gomg to require
steel bars on our windows? I don·t have the answer to that. I have one more question and statement . he
said. When dtd we. the c 1ttzens of Englewood. all of a s udden become irrespons ibl e'! I belie,·e C herry
Hills ha s the sa me type of responsible dog control law. Perhaps the y are mo re respons ible than th e clltLen,
of Englewood, he sa id . I don 't know. When dtd the concept of perso nal responstbtllly end wllh regard tu
dogs at-large. with the . hopefull y. enforced laws already on the books·> I know I "di probabl y be at th e
lo s ing end of thi s debate becau se we have a lot of emotion here. rather than reason a nd 1h111k1ng . So I
propose a compro nuse , he satd. That the re s ponsible, or 1rres pons1ble. dog O\\~ter that wa lk s lu s dog
wllhout a leash. should at least carry the leash with him at all times. thereby satisfying all parties in thi s
d1scuss1on . Wtth that . 1 am going to go home and watch the game and walk m y dog irrespo nsibly through
the alleys like I nomially do. he said. so he can see hi s dog buddies and hopefull y, when I walk my dog at
night , irresponsibly. I will be able to see the mess he makt's. I do my best. That is another pmnt . I carry
bags with me for my dog. M y dog is a double bagger and sometime he is a triple bagger. But I do my
be t. We have a lot of apartments where I li ve and people have a lot of dogs that cumc 111 and out. he sa,d ,
and when they don 't have a bag I hand them a bag . It is ca lled se lf-policmg. There 1, no cau;e to c reJtc·
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another ordinance for something that. ho pefull y. we a lready ha,·e o n the books. So let us e nforce the la\\S
we ha ve. lfwe can·t do that . why are \\e even here"! He thanked Coun c il.
Mayor Bums thanked Mr. McC lurkin.
(c ) Diane Theobald, 3860 South Sherman Street, said. as with the previous gentleman . I
would like to think I am a very responsible dog owner. I moved back to thi s area fiv e years ago. from
Billings, Montana and one of the most exciting things to me at that time was that I could take m y dog 1111 0
the park. In Billings, dogs are not allowed in the parks. period. It is que suonable as to" heth er ~ou ·an
even walk your dog down the sidewalk on the outside edge of the park. So, she sa id . to be abk to go 11110
the park was a wonderful thing for me. I no longer had to drive somewhere to exerc ise m y dog Fo r me to
be able to take my dog to a park , off the leash, is a wonderful experience . M s. Theobald no ted th at her d og
is twelve years old and she doesn 't run after anybody. c hase after anything. In fact s he goes out of her \\a ~
to avoid other people and dogs . It is enlertaining to walk her and watch her go off the s 1de\\alk and around.
so that she doesn ·t get too close to other people . 1 understand that my dog a nd m y s m1at1 on ,s d1fferen1
from a lot of people . But 1 would still hope that 1 would conlinue to ha ve th e o puon of \\J lkmg ha ofl th e
leash. I say this, because, again, 1 am a respons ible d og o wner. s he said. a nd 1f I see oth er peop le nearb~
and I think there might be a problem. or even if 1 don ·1 think there 1s a pro blem but th ey might be ofti:nde,I
by my dog being off the leash, 1 put my dog on the le a sh . I don't let he r nm around and bother other
people . I know you can't please every body at the same ume . But. un fo rtunate ly. I \\Ork a sp lit shift. I
work early in the morning and III the even111gs . three days a "eek. So I love the: idea o l being able to tak e:
my dog to a park off-leash in the evening. Except , that doesn 't help me three n ig ht s a week. bec a use 1 am
at work th ose three ni ght s I like hanng the opp orn11111 y to be a ble to do so111eth111 g hk e t ha t dunng th e da~.
because that 1s part of the time 1 am home . The other thmg 1 am concerned about 1s the dog lmut. fhe
other day 1 saw a yard that had two large greyhounds in the bac k yard and. 1 thought. th ey ha,·e th e two-dog
limit . But 1 have also seen houses where the y have three or four smaller dogs . 1 h ave to wonder. what 1
the reason for limiting pets to two'! lf sorneo ne 1s a responsible pet o wner and c an take care of the,r pets.
she said, I would sincerely like to see peo ple be allo"ed to ha ve their o wn pets. a s lo ng as th ey are
responsible owners and their pets are not bothermg o ther . S he thanked Council.
Mayor Bums thanked Ms . Theobald .
(d) Elizabeth Fry, 4327 South A coma treet. sa id she was nervous, but she was goin g to go
for II because she loves her dogs so much. 1 want to tell Council that 1 love Englewood . I have lived here
for 11 months and the thing I like the most are the peo ple 1 have met . 1 walk m y d og , ewryday. twice a day
dunng ram. sleet, sn ow o r hail. 1 have a Labrador remever. a n o ld ye ll ow lab. over 15 years o ld . A t the
park 1 ha ve met Tom and Jane and so many people. and all o f m y nei g hbors and I canno t believe how
friendl y. lov mg a nd carmg the y are 1 wall d wn the meet ,v11h that dog. s he sa id . and a 14 -year-o ld kid "'II say he ll o . 1 ha,·e met everyone 111 my neighborhood 111 11 mo nths . 1 come from an area where I d 1dn '1
mee t anyone the enure time 1 was there . I "ould hke to te ll you ho \\ muc h I \\Ould apprec iate your
re cons 1derat1o n of allowmg us to allo" the dogs to pla togethe r. M y o ld dog a c tuall y p la) s "1t h the c
other dogs at the park and that 1s the o nl y time he reall y does get a c hance to be outside. S he th a nked
Counc il.
Mayor Bums thanked Ms . Fry.
(,·1 Carolyn Dernngton-1 Jt e . 27 9 Sou th l·mers on . trc:et. ,a id ,he appr,·uJt<'> th,· adJu stmc:nt
Counc il s u gge ted for the dogs in the parks . 1 think th a t 1s a g reat idea Like one uf th e pre, 1ou s ,peaker, .
1 ha ve a litt le concern abo ut no t allowmg peo ple to ha w th eir dogs off-lea sh . ma)bc: fo1 tra111111 g o r \\Ork ,ng
with them 111 the middle of the day. It might b e so me tlung that "orks better fo 1 some peopk \\1th their
sche dules , rather than only earl y morning or late e ve ning. She sa id s he had another questi o n S he a ked . 1f
she underslood correctly, if the number of animal s mamtained at a ho usehold ,s to be t\\O c at or t\\O dogs
or only two. 1 don't think 1 have an understandini: of the number that ",II be allo" ed
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City Attorne y Brotz man adv, ed 1ha111 ,s t\\O cal s and t\\O dogs. and 1f you currentl y ha"e three . yo u gel to
keep yo ur third until that dog ,s gone .
Ms . Demnglon-Tate said then it 1s not three ca t and one dog or three dogs and one cat. II 1s 1wo a nd two.
Mayor Bums said it would be two and two wnh this ordmance .
Ms . Derrington-Tate said she has a concern about !hat as she has a couple of aging ca ts and one 1s 21 .
Mayor Burns assured her thal we will not be lookmg through her wmdow at her house . Ms . Demng1on-
Tate said she didn't think so, but 1hat she might get another ca t. so her pet s would be adJus1ed ,f s he "er,' 10
lose one of her pets . I was JUSI concerned. Of course. she a,d. I don ·1 wan! an yone look mg III m y" 111d cm
bu1 I ,1111 Jon 1 "a1111 0 !eel 1ha1 I am br.:Jk1n g 1hc IJ\\ \IJ )lll 13 u111> ••J Ill' c Jn appr.:,·1J I.: 1h .11 ~b
Demnglon-Ta!e thanked Council.
Mayor Bums thanked M s . Dernngton-Ta1e .
(f) Lucy Compoz, 4480 South Penns ylvama Streel. sa id she needed a clanficauon on 1he
barking ordinance because she has some concerns. She asked 1f 1t was when one neighbor co mp!a111 s or
when two neighbors complain. ljusl wanted some clanficauon of1h1 s.
Mayor Bums said he understands it has to be two .
City Attomev Bro1,man expla111ed 1ha1. c urreml ). ,ou ,w ed I\\O nc1 ghhor~. l\\O co mpla1n1n g ""'"''se, "
Code Enforcement Officer cannot be one of those w,tne s e,.
Ms. C ompoz asked what happens when you have o ne nei g hbor who constantly ompla,ns . \\'h1 c h. s he
said. has been happening to me for three months. There 1s con tru t1on next door 10 me. he said . as that
neighbor is addmg a new level 10 hi s house and the nei ghbor to the outh of me ha compla111ed
continually. Every two weeks ode Enforcement 1s at my hoU!,e for Ill) dog barkmg . I med to e~plam to
them about the construction. that there are different men commg m every '" o "ee ks . O nce Ill) dog 1
comfonable with a worker. he ,s fine . I go to speak to each co mpan y \\hen I get ho me from \\Ork . ,h.: said .
and ask how was my dog and the sa) he \\as fine But I s iill get C ode Enfo rcemenl at Ill) door. e,er~ t\\O
weeks , because the neighbor call s. It 1s to th e pomt of ha rass ment. Co um:11 Member O,ad,hJ\\ sJ1d )"' 11
is .
Ms . Compoz noted th e funn y 1h111g ,s that no\\ that th e cons1ruct1on 1s done m y neighbor 1> qu1c1. I tned to
1ell the Code Enforce ment officer to take 1h1 s 11110 cons 1derat1 on. she said . One officer was \'cry agreeabk
with me , th e 01her otlicer \\J S totall y against it , and s he said "that is yo ur responsibilit y to keep tlu s do g
quiet." She told me the dog \\JS barking and it sounded like a lonely bark and I'm like . what is a lonel y
bark'! I went to the extremes of gomg to my vet to address questions that the Code Enforcement officer
listed as cornplamts. M y vet answered all my questions . I have documentation, she said. my dog Margo
has a file that is probably thicker than a pediatrician 's file on a child. It is sad, she said, and it ,s because of
this one neighbor complaining and she has a history of complaints previously. Ms . Cnmpoz stated that her
neighbor told her. when she first bought her home two years ago. that it took her "two years to get nd of the
people who !1Ved in this house before yo u, but I did it." That. she said, is what I am up agamst.
Mayor Bums asked if she wanted Council to solve this problem for her.
M . Compoz sa id no , that she would just like clanficauon.
Coun ci l Member Bradshaw and Mayor Burns said it will take two .
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Ms . Compoz asked if the Code Enforcement officers kno " th e la".
...
Coun ci l Member Bradshaw said right now it o nl y takes one compl ai nt . but "e are c hang111 g 11 so II mu l be
two . So. Ms . Compoz sa id . it wi ll be two from thi s point forward .
Ci ty Anomey Brotzman sai d actually that is the c urrent practi ce fo r the Code Enforcement officers, as we ll
as Coun.
Council Member Garren explained that she would be in coun if more peo ple had compla111 ed
Council Member Bradshaw advised that Dave Lynn was here thi s evening and he is 111 charge of ode
Enforcement. She asked if Mr. Lynn had time to speak to Ms. Compoz . Mr. Lynn indi cat ed he \\Ould .
Coun c il Member Bradshaw thanked M s. C ompoz.
Mayor Bums stated s he had a very legitimate concern and Counci l apprec iates her d ifficult).
Ms. Compoz sa id s he 1s not going to move . She thanked Counc il.
Mayor Bums thanked Ms. Compoz.
(g) Jim Vite . 4073 South Broadwa y, said he was j ust comm g up 10 th ank \It Garrell tor
mak ing the statement that they will work with us . I ha ve two dogs and I ha ve been gu111g tu Ja,un PJt~ for
the last seven yea rs. Sometimes 1 go in the morning. he sa id . but mos t of th e wne I go 111 the ,·,en,ng I
met all o f m y friends , he said. all my neighbors s tttmg 111 tht s row behind me. be ·au,e 111~ dog pla "11h
their dogs . I feel we are all re s ponsible dog owners. and I kno\\ that "hen I go to the park. not onl) do I
clean up after my own dog, I try and keep th e park ma mta,ned as far as pt ckmg up trash and beer boule a,
I walk . 1 enJoy this park and 1 enJoy tht s nght, he sa td , and I know my dog, are heahh,er and happ ier I
know it is a good healthy atmosphere for my daughter to go and pla y "1th her dogs. he sa id . and I ha, e
made many friends there . 1 am also for a leash law . I happen to ltve on Broadwa y. he a,d. and I would
hate to see an irresponsible dog owner be able to walk ht s dog without a lea h do"11 Broadwa, or o ne of
the streets. But the parks seem to be a linle bit different . especiall y Ja son Park a 11 ,s e nclosed a nd a lot of
people use it and it is kind of a social atmosphere. I would hke to thank Counc il. very. ,·ery mu ch. he sa id .
for keeping that right ali ve for us , because it is something we all enJo y.
Mayor Bums th anked Mr. \' 1t e .
Mayor Burns no ted that Coun ci l has really hea rd from a lo t of reall y res po nsib le pet owners during tin s
process. A lot of yo u ha ve taken the time to come down to Ci ty Coun ci l and talk to us about thi s . Tl11 s ha s
been very helpful to Coun ci l. he sa id. because then we can respond to yo ur needs. I th ink yo u ha ve see n
that here tonight. But we reall y appreciate your leners and your e-mails and yo ur input. You have been
very good people 10 deal with. in my opinion, and thi s has been a ve ry construc ti ve process . Mayor Burns
stated that Council hopes th ey can meet all of yo ur ne eds as much as we possibly ca n.
8. Communications. Proclamations and Appointments
(a) A proclamatio n recogni z ing Colleen Burke. President of the Eng lewood Parade
Assoc 1a11 o n. was cons idered .
Mayor Burns asked the tt y C le rk 10 read th e proclama11 o n . The proclamation was read in tt s entirety .
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COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECONDED. TO APPROVE A
PROCLAMATION RECOGNIZING COLLEEN BURKE , PRESIDENT OF THE ENGLEWOOD
PARADE ASSOCIATION.
Ayes :
Nays :
Abse nl'.
Motion carried.
Council Members Garrett. Bradsha\\. WoloS)'Il. G razuh s , Bums
None
Counc il Members Nabholz. Yurch1ck
Mayor Bums prese nted the proc lamation and roses to Ms . Burke .
Mayor Bums. on behalf of Coun ci l. expressed th eir apprec ,at,on to M . Burke a nd he asked for a rou nd of
applause .
Mayor Bums noted that e\'eryone who attended the parade on at urda y knows that II wa s suc cess ful. \\t'II
orgamzed and well received. If any of you ha,·e been m\'olved 111 a parade before. he said. you kn o " that
orgamzmg an event ofth1s size 1s no sma ll feat. In th e past three years Ms . Burke has worked" 1th C ity
staff and other cornmumty volunteers to coordmatc th1 parade and she ha s done an outsiandmg JOb \\'e
understand that in Littleton·s We tern We lcome \\'eek Parade . the chairman get s to nde m the parade 111 3
fancy convenible with a bouquet of roses . We JUSt put Co lleen to work and we never let up o n her. Dunng
our parade. he said , Colleen was out m the trenches w11h the rest of th e volu nt eers and we are here to
recognize her hard work and congratulate her on the job she ha s done . We couldn 't come up with a
convenible for yo u Colleen. he said . but we have give n yo u the bouquet roses and a g ift cerulicate and 11 1s
a token of our appreciation for all your terrific effons. Thank yo u so mu c h. he said .
(b) A proclamation honoring co mmunit y member and City employee Richard Burton for l11 s
dedication to the commumt y of Englewood was co nsidered.
Mayor Bums asked the Ci ty C lerk to read the proc lamation . The proclamation was read 111 11 s ent1ret .
COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECONDED. TO APPROVE A
PROCLAMATION HONORJNG COM'.\IUNITY MEMBER AND CITY EMPLOYEE RICHARD
BURTON FOR HIS DEDICATION TO THE COMMUNITY OF ENGLEWOOD .
Ayes :
Nays:
Absent :
Motion carried .
Council Members Garre n , Bradshaw. Wolosyn. G ra zuh s . Burn,
None
Council Members Nabho lz. Yurchick
Mayor Burns presented the proclamation to Mr. Bunon.
Mayor Burns. on behalf of Council, said he really wa nted to thank Mr. Burton . 1-k noted that Ric hard ha ,
been a tremendous asset to our communit y and all the programs yo u have heard us talk about . that "ere
included 111 the proclamanon. We want to thank him so much for everythin g he ha s done 111 1lu s
community. he said. and I would like everyone to give him a big round of applause .
Mr. Bunon recognized all the people in the audience who support him . He s tated that it takes all of th em
working together and the y are behind him all the way . To the racccar owners, who never say no . my
family. my crew, which is my family, he said. the y ne ver miss a beat and I want to say thank yo u.
9 . Public Hearin&
No public hearing was sc heduled before Council.
10 . Consent A&enda
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Englewood City Council
November 5. 2001
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COUNCIL MEMBER GARRETT MOV[D. AND IT WAS SECONDED, TO APPRO\'t:
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CONSENT AGENDA ITEMS 10 (a) (i). (ii). (iii) and (h·), 10 (b) (i). (ii). (iii). (iv) and M A~l> 10 (r)
(i), (ii), (iii). (iv), (v). (vi) and (,•ii).
(a) Approval ofOrdma nces on First Reading
(i) COUNC IL BILL ;,,;o . 65. I. TROD CED BY COL'NCIL ~I E:\IBLR
GARRETT
A BILL FOR AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD. COLO RAD O I 0
ENTER INTO TWO EASEMENT AGREEMENTS FOR WATER PIPELI , E EASE M ENTS AND TII E
ACCEPTANCE OF A QUIT CLAIM DEED T ERM IN A TING AN EX I ST I NG EA EM ENT LOC ATEO
AT MCLELLAN RESERVOIR .
(ii) COUNCIL BILL NO. 71 , INTROD UCE D BY COU 1'CIL MEMBER
GARRETT
A BILL FOR AN ORDINANCE A UTHORIZING THE CITY OF E:-IGLEWOOD . CO LORA DO TO
E TER INTO TWO LICENSE AGREEMENTS A 'D TWO TEMPORARY CONS TR UCTIO N
EASEMENTS LOCATED NEAR THE INTERSECT ION OF SOLiTH SANTA FE AND DAD CLA RK
GULCH IN ARAPAHOE COUNTY. COLORADO BETW EEN CE 'TE . N LAL WATER A:-ID
SAN ITATION DISTRICT AND THE C ITY.
(iii) COUNC IL BILL NO 72. INT RODUCED BY COL'NC I L MOIB ER
GARRETT
A BILL FOR AN ORDI NANCE APPROVING SU PPL EMENT NO . 15 1 TO TH E SOLTHGATI:
SANITATION DISTRICT CONNECTOR ·s AGREEMENT FOR THE INCLUS ION OF LAND WITH I:\
THE DISTRICT BO NDARI ES
(1v) COU ' IL BILL NO . 73. INT ROD UC ED BY COUNC I L M EMB ER
GA RRETT
A BILL FOR AN ORDI ANCE APPROVI GAN INTERGOVERNMENTAL CONTRACT BET WEEN
THE STATE OF COLORADO AND THE CITY OF ENGLEWOOD , COLORADO .RELATING TO
THE LAW ENFO RCE MENT ASSISTANCE FUND (LEAF) PROGRAM .
(b) Approval of Ordinances on Second Reading
(i) ORDINANCE NO . 61 , SERIES OF 2001 (COUNC IL BILL NO . 62 .
INTROD UC ED BY COUNCIL MEMBER GARRETT)
AN ORDINAN CE APPROVING AN ENCROACHM E 1T PERMIT AND I NDEMNIT Y AG REEME:-11
PERTAINING TO A RETAI NING WALL IN THE PUBLIC RI GHT-OF-WAY.
(ii) ORDINA CE NO. 62 . SE RI ES OF 200 1 (COU , CIL BILL NO . 67,
I NTROD UCE D BY COUNC IL MEMBER GARRETT)
AN ORDINANCE FIXING THE TAX LEVY IN MILLS U PON EACH DOLLAR OF T H E ASSESSED
VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD. CO LORADO .
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(iii) ORDINAJ\CE NO. 63. SERI ES OF 200 1 (COUNCIL BILL NO. 68 ,
INTRODUCED BY COUNCIL MEMBER GA RRETT)
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AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF E GLEWOOD. COLORADO. FOR
THE FISCAL YEAR 2002 .
(iv) ORDINANCE NO. 64. SE RIES OF 2001 (CO 1C I L BILL :-SO . 69.
INTROD CED BY COUNC IL MEMBER GA RRETT )
AN ORDINANCE APPROPRlATING MONIES FOR ALL MUNICIPAL PURPOSES 1:-S THE CITY 0 1·
ENGLEWOOD, COLORADO, IN THE FISCAL YEAR B EGIJ\'N ING JA NliAR Y I. 2002 . AND
ENDING DECEMBER 3 1. 2002. CONST ITUT ING WHAT I S TERMED THE Al\'NUAL
APPROPRIATION BILL FOR THE FISCAL YEAR 2002 .
{v) ORDINANCE NO. 65 . SERIES OF 2001 (COUNC IL BILL :-SO . 70 .
INTRODUCED BY CO 'CIL MEMBER GA RRETT)
AN ORDINANCE AMENDING TITLE 2. OF THE ENGLEWOOD MU:-SICIPAL CODE 2000 BY I HE
ADDITION OF A NEW CHA PT ER 12 . ESTABLISH ING A TRANSPORT T IO:-.' AD\'ISORY
COMM ITTEE FOR T HE CITY OF ENGLEWOOD. COLORADO .
(c) Re so lu11 011 and ~lo11on s
(1) RE OLUTION NO . 77 , SERIES OF 2001
A RESOLUTION AUTHORIZING THE ENGLEWOOD PUBLIC LIBRARY TO IMPLEME 1T THE
ANNUAL "FOOD FOR Fl ES" PROGRAM FROM NOVEMBER 19 , 2001 THROUGH DECEMBER
14 , 2001.
(11) RESOLLiTION NO . . SE RI ES OF 2001
A RE SOLUTIO:-S APPROV l :'1:G COMPEN ATION PLANS FOR MANAGERIAL. S PERV ISORY .
CONFIDENT! LA 'D PART-TIME EMPLOYEES OF THE CITY OF ENGLEWOOD FOR THE
YEAR 2002
(111) SEWE R TAP AGREEMENT WITH EXTENDED STAY AMER ICAN
HOTEL.
(1v)
FIRE DIVISION.
PURCHASE OF A 1500 AMERICAN LAFRANCE FIRE ENG I NE FOR rllE
(v) CONTRACT WITH SLATE R-PA LL & ASSOC I ATES FOR
ARCHITECTURAL & ENG I NEE RI NG SERVICES RELATED TO STAB ILIZATION OF rJ IE
THOMAS SKERRI TT HO SE .
(v1) ADDENDUM TO THE CU RRENT PROFESSIO NAL SE RVICES
CONSUL T l 'G AGREEMENT WITH DELOITTE & TOUCHE RELATED TO PR OJECT IBIS .
(vii) DECLARE TWO VACANCIES ON THE BOARD OF ADJUSTMENT AND
APPEALS .
Vote results:
Ayes : Council Members Garren. Brads haw, Wolosyn , Grazuhs, Bums
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Englewood City Council
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Page 10
a ys :
Absent :
Motion carried.
I I . Regular Agenda
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Counc il Me mbers :--abhol z. Yu rcl uc k
(a ) Approval of Ordinances on Firs t Readin g
There we re no add1t1onal items s ubmitted fo r a ppro va l on fir st read mg. (See Ag,·nda It e m IO -C on,,·nt
Agenda .)
(b) Approval o fOrdmances on ·e ond Rea hng
(i) Council Bill No . 36 . amendmg T ul e . hapt er I A o f th e Eng le "ood \lunic1pal
Code penaining to dogs and cats was cons idered .
COUNCIL MEMBER GARRETT MOVED. A~D IT WAS SEC01'<DED. TO APPROVE: COl '1'<CIL
BILL N0.36.
COL'NC IL mu NO 36 . l'\T RODL"("[D BY C Ol "'\C IL \1 E\1B ERS Yt;RC HI C K G ARR ETT
A BILL FOR A N ORDI AN E AM ENDIN G TITL E 7. C HAPT ER IA . OF THE ENGLEWOOD
M U ICIP A L CO D E 2000. P ERl AINl:--G TO DOG AND CAT S .
COUNCIL MEMBER GARRETT MOVED, AND IT "1AS SECONDED. TO Ai\lE:ND COl'~Cll .
BILL NO. 36 BY ADDING A NEW PARAGRAPH B, UNDER 7-IA-2. WHICH STATES THAT
PARAGRAPH A SHALL NOT APPLY TO PILOT PARK PROGRAMS Al"THORIZED BY
COUNCIL RESOLUTION.
C ouncil Member Garrell explained that thi s will all o w th e Park s and Re c reati o n Comm1 ss,on to make a
recommendatio n to ounc 1l fo r the pilot program we di scu ssed earlie r 111 the meet mg tomght
Vote rrsults:
Motion carried .
A}C .
Na ys.
Absent :
C ouncil Members Garrett . Brad sha\\. \\"o losyn. Grand i,. Bum;
None
Counc il Members Nabholz. Yurch1 ck
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE
COUNCIL BILL NO. 36 AS AMENDED.
Motion carried .
Ayes :
Nays :
Absent :
Council Members Garrett. Bradshaw, Wo losyn , G ra zu h s. Burns
None
C ounc il Me mbers Nabholz, Yurchi c k
(ii ) C ounc il Bill No . 37 . amending Title 7. Chapter IA o f th e Eng le wood Mu111 c 1pal
Code penaining to number of ammals maintained at a household or premises was cons idered .
COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED. TO APPROVE AGENDA
ITEM I I (b) (Ii) -COUNCIL BILL NO. 37 ON SECOND READING.
ORDINANC E NO. 66, SERIES OF 2001
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Englewood C ity Council
No,•ember 5. 2001
Page 11
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A:-1 ORD INANCE AME:S:Dl:-;G T ITLE , C HAPTER IA. OF T H E ENGLE \\'OOD \I CN IC IP AL CODE
2000 P ERT A IN l i':G TO TH EN MBER OF A1'1M ALS MAINTAINED AT A HOUSE HOLD OR
PREMISES .
Vote results:
l\,l o t10n camed
Ayes:
1ays :
Abse nt :
Co un ci l Members Garrett . Bradshaw. \Vo losyn. Grazuhs. B urns
None
Counci l Members Nabho lz. Yurchtck
( ·) Re solutions and Motions
There \\ere no addi1tonal resolu 1tons or motions submitted for approval. (See Agenda It em 10 -onsent
Agenda .)
12 . General Discussion
Mayor Burns noted the y had Co uncil Member's Choices during S tud y Ses 10 n.
(a) Mayor's C hoice
(1) Ma yo r Burns s tated th e elec1ton is tomorro" and \\e "tsh th ,· Coun ·11
candida te well a nd we" ill see th e result of that e lec ti o n to morro" evemng
(ii) Mayor Burns sa td he had o ne tlun g he wanted to per onall y nu tc I ht ts the la,i
meeting where I will chai r the regular meetmg of City Coun cil, he satd, as I am term J11111tcd I" Iii be
leaving the Council two wee ks afier the elect io n on November 19'". We ha ve a Stud y c s to n ne\l "eek
o n the 131
• and I hope 10 ge t there . I am ha ving so me urgery thi s Friday a nd four da)S later \\C ha , ca
Co un ci l meeting. So I am gomg to try to ge t th ere. he sa id. if I ca n make tt. I hope that 1111 , 1s not my la ,t
meeting. but it might be.
Mayor Burns sa id he wanted to tha nk Gary Sears. the staff and the department heads. I "111 be tl1J11k111 g .ill
of yo u mo re perso nall y la ter. he sa id . for th e trcme ndou o pporruntty I ha,e had to \\urk \\tth )OU u,·er th,·
past several years . I think. he sa td . as I look at our staff and Gary. that yo u have made tt reall ) CJ>) for us
You are th e best people to work w ith tha t I ha,c ever been around 111 my hfc and"'' ha<e a g 1ea t )nerg)
go 111g wi th tht s Counctl and wtth tht s sta ff. An awful lo t of th ings have happened and c hanged . I tlunk . tu ,
the better tn Englewood tn the past couple of years and tt has been my pleasure to part1 c 1pate Ill al l o f that
and tl11 s Counci l has been wonderful to work wtth . We don·t agree a ll th e time. he sa td . but "e di scuss and
we respect eac h o ther and we re so lve iss ues just lik e we did he re to ni ght with the log a nd ca t ordi nance .
We vo te together and we work together as a unit and I thmk that ts vitall y tmportant and that makes my JOb
easier as Mayor. For all those reasons, he said. 11 ha s been my pleas ure to serve a s \1a yor of the C tt y tor
the pa st even years and it ha s been my pleas ure to serve with you a nd I thank yo u very mud1
Ma yo r Burns received a round of applause .
Counc il Member Wolosyn said if thi s ts th e la st time yo u "'tll be up here . th at I ca nn ot k t tt go" tth out
say in g that \\Ca ll ha ve a lo t to Ji ve up to with the exampl e yo u ha,e se t. be ca use I th ink yo u a t e a ma yor
"tth a lot of d1g111 ty and elegance . I have al\\ays fdt g reat s 1tttng up here" tth yo u, s he sa id , and I thank
you for this experience. Mayor Burns thanked Ms . Wolosyn and said he appreciates that.
Co un c tl Member G ra z ulis said she agrees . It ha s been an incredi ble experience worktng alo ngside yo u. she
sa id , because I do remember yo u coming to a park o nce over at the sc hool and my hu ,band and I had a
d1 sagrecmcm with yo u and yo u were so calm, cool and collec ted and I reme mbered that. So "hen I came
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Englewood City Council
November S. 2001
Page 12
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to work on Council, she said, I just had the utmost respect for the way that you handle yourself with
everything that is presented to you . Mayor Bums thanked her.
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Council Member Bradshaw said that it has been an honor and a privilege working with you. at the Hous ing
Authority and here on Council and I have learned a lot. thank you . Mayor Burns thanked her.
(b) Council Member's Choice
There were no additional Council Member 's Choices .
13 . Cit)' Manager's Report
City Manager Sears did not have any mailers 10 bnng before Council.
14 . City Attornefs Report
(a ) City Attorney Brotzman presented a request for a motion 10 settle the Amenca-We s1
Printing Corporation, Case o. OICVl651 , for $3 ,622 .50, the full amount owed to the Cit y.
COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED. TO APPROVE THE
S[Tfl.EMENT or THE AMERICA-WEST PRINTING CORPORATION. CASE ~o. OIC\"1651.
FOR $3,622.50. THE FULL AMOUNT OWED TO THE CITY.
Ayes : Council Members Garrell , Bradshaw. Wolos yn . Gra zu h s. Burn
ays : None
Absent : Council Members Nabholz. Yurchick
Motion carried.
(b) City Attorney Brotzman stated to Mayor Bums that it has been an honor and a priv1leg~
to be sining next to him. Mayor Bums thanked him and said he appreciates that .
15 . Adjournment
The meeting adjourned at 8 :25 p .m .
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, NOVEMBER 5, 2001
1. Call to o rder . '7: 'f6 ~
2. In voca ti on . ~
7:30 P.M.
Englewo o d Ci\ ic Cen ter
Council Chambers
1000 Englew ood Park wav
En gle\ ood. CO 80 11 0
3. Pl edge of Allegiance . ~
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4. Roll Call. 5 f>"Wdr h};u.;t ( /}~/ r ~)
5. Minutes.
Minutes from the me eting 0 1 Regu lar 11\ o un c1I M e tin g ot O t o ber 15 , :wo 1. «)~/L-
v
6. Sched ul ed Visitors . (Pl ease limit o ur pre en tauon to t n m111u te .)
a. Laurie Roulston will be present to add re~s City o un<..11 regarding Cou ncil Bill s o . 36
and o . 37 .
b . Jan e Coleman will be pres en t to addr e s Cit Co uncil regarding Counci l Bill s o . 36
and No. 37 .
Unschedul ed Visitors . (Pl ease lim it you r prese nt atio n to fi v e minutes .)
{l. TOA If/ 1r-Kr1AJ e. . IJ!lf-AJ~ ilf£0/JA.(.J) e . t!..M a.YIJ /JEllltJ<i m.J-TME
{r . ~tr /ht {!_LJJ./(/:../V d . £l/Z-1rl,rn/ Fl{ y .f'. LJA.t'( ~!>! /Jt)Z-
Communica ti o ns , Procla mati o ns, and Appo in tm ent s. ~· JIM //lrE
Proclamati o n/1f?g~izin}.Col~Burke, Pr es id ent of th e Englewood Parade
Association.~~
Pr ocla mati o n h o n orin g community member~ Ci!Y eJJlpl oye~hard Burt o n fo r his
dedication t o th e co mmunity of Englewoodt5~
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood
(303-762-2405) at leut 48 hours in advance of when services are needed. Thank you .
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Eng lewood City Cou ncil Agenda
;s.ovember 5, 200 1
Page 2
9 .
10.
Public Hearing (None sched uledt
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a;f45-0 ~rJiJu~t/JiWr ~~ !~S /oa/-1t1 I06--/-t1,-/0~i-vit'
a. Approval of Orainances on First Reading. )
b .
fni)I=-~/
(J?J:I· ~ )-__
tiid-J-~3
{JLd 4f (pt-/
mdl-ftf;
C.
COU CIL BILL NO. 65 -Re co mmendati on from th e Water and Sewer Boa rd to
adopt a bill fo r an ord inan ce approving two Easement Agreemen ts and a Qui t
Claim D eed from Centennial Water and Sa nita ti o n Distric t. STAFF SOURCE :
Stewart H. Fonda, Director of Utilities.
ii. COUNCIL BILL NO. 7 1 -Re commendati on fr o m th e Water and Sewer Boa rd to
adopt a bill for an ordinance approving two Li ce nse Agreements and two
Temporary Construction Agreements from Centennial Water and Sanitation
District. STAFF SOURCE: Stewart H. Fonda , Director of Utilities ,
iii . COUNCIL BILL NO. 7 '2 -Re commendati on fr om th e Wat er and Sewer Boa rd to
adopt a bill for an o rdinan ce approving So uth ga te Supplement J/ 151 . STAFF
SOURCE: Stewart H. Fonda, Director of Utilities .
iv . COU CIL BILL NO. 73 -Reco mmendation fro m th e Department of Safe t
Services t o adopt a bill fo r an o rdinan ce apprO\ in g an lntergO\ ernm ental
Agreement with the Co lo rad o D epartment of Tr ansp o rtati o n approvi ng th e Law
Enforcement Assistance Fund (LEAF ) co ntrac t ior D U I det ecti o n and
enforcement. STAFF SOURCE Division Chief Bob Moore.
Approval of Ordinances o n Se co nd Rea ding.
i. COUNCIL BILL NO. 62 , ordin ance approving an Encroachment Agr ee ment fo r
3024 South Grant Street.
ii. COUNCIL BILL 0 . 6 7, establishing th e 200 I Mill Le\ y to be colle ct ed in 2002 .
iii . COUNCIL BILL NO. 68, adopting the 2002 Budget.
iv. COUNCIL BILL NO. 69, appropriating th e 2002 Bud ge t .
v. COU CIL BILL NO. 70, creatin g a Transp o rtati on Advisory Committee .
Resolutions and Motions.
Recommendation from the Library D epa rtm ent to adopt a r eso luti o n approv ing
th e 1 ~·" an nual "Food for Fin es'' program fr o m M o ndav, ovember 18 through
Frida y, Dece mber 14, '2001 . STAFF SOURCE: Hank Long. Director of Library
Services.
Please note: If you have a digbility and need auxiliary aids or services, please notify the City of Englewood
(303-762-2405) at least 48 houn in advance of when services are needed. Thank you .
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Englewood Ci ty Co un cil Agenda
November 5, 200 I
Page 3
~#-'lf ii.
Re co mmendation from th e Human Res o urces D e partment to adopt a res o lu tion
approving th e 2002 Cost o f li1 ing Adjus tm en t fo r C itv oi Engle11 ood emplovees.
STAFF SOURCE: Sue Eaton, Director of Human Resources.
iii .
iv.
Re commenda tion fro m th e tilities D epartm en t t o appro 1 . bv m o ti o n, a Sewer
Tap Agreement with Ex tended Stav Am eri ca n Hotel STAFF SOURCE: Stewart
H. Fonda , Director of Utilities .
Reco mmendatio n from th e Saietv Servic e D pa rtm e nt to ap prOI e, bv m o tion .
a 1500 Ame rican LaFran ce Fire Engin e for th e Fi re Di11s1 on . STAFF SOURCE:
Chris Olson, Director of Safety Services .
Recommendati o n from th e Library Departm Pn t to appro1 e, b1 m o ti on, a
con tract with Sla t er-Pa ull & Ass ocia tes for rc hit ec tural & Engineering Servi ces
related to stabilizati on of the Th o m as Skem tt H ou se. STAFF SOURCE: Hank
Long. Director of Library Services .
vi. Rec o mmendation fr o m th e D epa rtm en t 0 1 l111o rmat1 o n Te c hn o logv to app ro1 e.
bv m o ti o n , an add endum to th e current pro1e s1onal en ices consul tin,
ag ree ment "ith D el oi tt e & Touche r lated to Pro1 ec t IBI S. STAFF SOURCE :
Don Ingle , Director of Information Technology.
vii . Rec o mmendation fr o m th e C o mmunit\ De1 elopm en t D epartm e nt to declare,
by m o tion . two vacancies o n the Boa rd 0 1 djustm en t and Appeals. STAFF
SOURCE: Tricia Langon , Senior Planner.
11 . Reg ular Agenda.
a .
b.
Approval of Ordinan es on Fi r t Reading.
ff
Appro al of Ordinance s o n Seco nd Read1n
APP'D 5-0 GARR ED MOVED TO AMEN D COU CIL Bill NO 36 BY
ADDING A NEW PARAGRAPH B U DER 7-1A·2 WHIC
STATES THAT PARAGRAPH A SHAL OT APP Y 0
_;;f PILOT PARK PROGRAMS AUTHORIZED BY COUNCIL
/ ' RESOLUTION
~~i.
Council Bill , o. 36. amending Ti tl e 7, Chapter 1 A of th e Engl e, ood 1\llun 1c1 pal
Code pertaining t o dogs and ca ts.~
i...r\ J__/f_ /JA ii. Council Bill No. 37, amendin g Ti tl e 7, Chap te r 1 A of th e Engl ewo o d Muni 1p a~n/Hl.h. ~
U ~ap_ -0 Code pertaining t o number of anunals m ai ntain ed at a h o us eh o ld o r prem1s s"~V<-N7f '~
c
5
Resolutions and Motions .
%
12. General D iscussion .
a. Mayor's Choice .
b. Council Members' Choice.
PleMe note: ff you "-a lllability and need auxiliary aids or services, please notify the City of Englewood
(303-762-2405) at lealt 41 houn in advance of when services are needed. Thank you.
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Engl ewood Ci ty Co unci l Age nd a
o ember 5, ~001
Page 4
1 3 . City Manager's Report .
14 . City Attorney's Report.
a .
tlftd~-D
Recommendation from the City Attorne y to appro e, by motio n, settlement of th e
America-West Printing Corpfa_ti,?,n , ~ o. 01 CVl 65 1, fo r S3,62:!.50, th e f ull
amount owing to the City . .p(/ V)U,(
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Adjo~~~
The following minutes were transmitted to City Council bel\-veen October 12 and November 1,
2001 :
Engle wood Public Library Board meeting of August 14, 2001
Engle wood Board of Adjustment and Appeals meeting of September 1 2, 1001
Englewood Planning and Zoning Commissi o n meeting of September 18, 2001
Please note: If you have a disability and need Hxilury aids or sen,ices, please notify the City of Englewood
(303-762-2405) at leut 48 houn in advance of when sen,ices are needed. Thank you .
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY. COLORADO
I. Call to Order
Regular Session
October 15, 2001
The regular meeting of the Englewood City Council wa s called to order by :-fo yo r Burns at --1 3 p.m
1. ln,•ocation
The invoca11on was given b y Council Member Nabhol z .
3. Pledge of Allegiance
The Pledge of Allegiance was led b , :Vla yor Burns .
-l . Roll Call
Prese nt :
Absent :
A quorum was present.
Al so present :
5. Minutes
Council Members Nabhol z. Grazuh . G arrett .13rad sha", \\ olo )TI .
Yurchick . Burns
None
City Manager Sears
Assistant City Manager Flahert y
City Attorney Brotzman
City Clerk Ellis
Deputy City Clerk Castle
Director Ross, Public Works
Director Gryglewicz, Finance and Administrative Services
Director Olson. Safety Services
(a) COUNC IL MEMBER WOLOSYI\' MOVED. A,l\'D IT WAS SECONDED. TO
APPROVE THE MINUTES OF THE REGULAR CITY COU"'CIL MEETING OF OCTOBER I.
2001.
Ayes :
Nays :
Abstain :
Monon carried.
6. Scheduled Vl1iton
Council Members Garrett, Bradshaw. Wolosyn . Yurchick . Bums
None
Council Members :>iabholz, Grazulis
(a) Mayor Bums advised that Golden Mayor and DRCOG Chairman Jan Sc henck was here
to present a Local Government Innovations Awards plaque to Englewood on behalf of the Denver Rcgmnal
Council of Governments . He noted that the City 1s re ce 1vmg a second place award m the program's Metro
Vision 2020 category for the Englewood Civic Center.
Mr. Scbmck offered thanks for the pleasure of appearing before Co uncil. With that. he said. he wanted to
tum and face the audience. as this 1s really presented to the corrunumty . He said he was here to offer
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congratulations to the Cit y of Englewood for wi nmng a Loc al Go, eminent hm o , auons A ward . The
hmovauons Awards honor local governments and thei r e mpl oyee s for thei r crea uvn y a nd produc tl\ uy 111
se rvmg c n 1ze ns . The Denver Re g io nal Co un ci l of Government s I Jo med by a mamba o f pa rtne rs m
p resenung th e awards and we are proud to recog mze ~0 11. he said . Engle"ood took se ond pl ac e III the
a"ard pro gram Metro Vis ion 2020 catego ry That c ategory honors e ffo rt s to lead the regio n mt o the
future , by implementing activitie s and s trategies from the \<letro Y 1s1 o n 2020 long-range gro\\~h plan . The
award recognizes the cillzen·s efforts on the Englewood C1v 1c Center. whi c h 1s a true co nunumt y center fo r
c ulrure. learning and local government. At the Co unc il of Governments A\\ards dmner. Ma yo r Bums and
Ro bert Simpson were recogni zed for their role s wnh the proj ect. I am no w pleased to pres ent a plaque to
yo u for this outstanding project, he said. and I also want to remmd you that we will be seekmg no nunauo ns
for 2002 and I look forward to seeing more from Englewood. Congrarulauons. agam. he said. on th1
achie,·ement.
Mr. Schenck presented the plaque to Mayor Bums .
Ma yo r Bums stated it wa s hi s pleasure to accept this award on behalf o f the C it y o f Eng lewood . He noted
thi s 1s for the C 1v1c C enter. thi s building, and we would. perhaps, like to make an apphcat mn fo r 1h1s
development one o f these da ys . As you can tell , he said. we are very proud of th is buildmg and th e fac t that
you all acce ss II and we get so much use o ut of it. It has been a tremendo us asset fo r us He than ked \ t r
chenck for commg to the meeting and he offered congrarulauons to everyone.
(b) Moll y Marken . from the Western /Hapahoe County Ho meless Alliance. s ai d th at one o f
th e JOYS of the House o f Hope, which 1s wh y we are here toni ght. 1s that we ha ve dra wn tog e the r peo ple
fr o m all o ver Englewood and the metro area . to create a visio n for hous mg for peo ple who are m tran mo n.
becau se of ho mele ss ness . We are here to thank you . s he said. and Bill C layton wtll talk a little b u about the
Ho us e of Ho pe program and then we want to acknowledge the eno nnu y o f the contnbu1 1on 1h a1 ) our
s upport ha s made . I have had the opponunny to work with almo t all the othe r c itie s m th e me tro area. ,he
sa id . and I an tell you sincerel y, that working with Englewood has been an absolute JO Y and yo u trul y arc
e xtraordmary.
B il l C la yto n said he \\Ould be very bnef. I think you all know that House of Hope is a s helter fo r familie s .
\\'e are punmg III a spnnkler s ystem. he said . that will be completed any time now and. with that . we will
be abl e to mcrease our capac ity , up to about 49 people . At this time ti is mostl y women and cluldren. It 1s
o ur hope , with the increased capacity, to be able to accommodate intact farrulies . So we are excned. wnh
wtnter approaching, to end our first year on such an optimistic note . I have a time line that describes where
we have come from and where we are heading, he said. Mr. Clayton provided Council with copies o f the
program time line . He said 1f Council had any questions , he would be glad to answer them .
Ms . Marken stated that. on behalf of the whole House of Hope board, Family Tree , which 1s the
organizanon we have contracted with for management services . and . most 1mponantly, the wo me n an d
children we ha ve been able to erve so far. we would like to present a plaque to the C it y of Engle wood 111
apprec iation of leadership. compassion and guidance in establishing the House of Hope, a famtl y
residential resource cemer for Arapahoe County, from the Western Arapahoe C o unty Homeless Alhance .
Ms . Markert stated the y reall y want to acknowle dge the C it y and staff You are just extraordinary. she
said. and we want to thank you on behalf of the farrulies and chtldren that ha ve s ta yed with us .
\<I s. Marken presented Ma yor Bums with the plaque.
~1a yo r Bums thanked 'vi s. Marken and Mr. C layton for commg and he noted that thi s 1s a great p roJect and
we are very pleased with it. He stated we are very pleased with our s taff. We get a lot o f complunems hke
that. on the staff workmg for the C it y. he said. and I am ver y proud of that.
( ) Mayor Burns advised that Rosemary LaPorta. President of the Englewood H1 s to n cal
Soc 1cty, was present to address Counc il regarding the Santa Fe Depot transfer of ownership .
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I e o ,·e i. dHlllllUt' tiJJI ,u rl'"ll \b 131,thc Perr. SJld ,he \\<ltilJ li kc to r ( ouncil [II 'Llt.h .. ,h
1 e" dnd then l'h1l t ,,11 ,e ,11! JpprnJch l nunc il <;he J\!'1 111 n ffe re d he r thanks Ill C,111n,1l.
he ,1Jco:Jr< \\a, ho.,n to l ,1une1! •.,h1ch aJdresseJ 1he m 1ssmn .rnd "o rk 0 1 lntcr-b11h.
Ir t rt e slJted th a t Dou g R~ed lll the Ci · of l 1t1kton s Channel ~ , 1<ie,, -1e oa1tment. r111 hJt
1dco: pe to •e,,1er
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•. e ( It\ ,IJ l:11 1.?,lewoo<l:) ).!,en ·1os 11 , towa rd I11ter-I·:.111h 'n e:hin,, 1 t1..t \I .; Bhthe Pcrn lut~'.)n ~ rJ,K .1 n.t
J lot. h~ -..1 1d. ~ the ~a~e ,;1ana ~e me nt thJt the \..l'IUlht'lnr..;, ,n 1 hrnul!h ~nJ ho\\ Ult:\ ,,.\ utk \\ 1th ... 1 :i.t Ir
no1 JU>I .:ome 111. ge t a handout and leave. he sa id T hey help •hem •o !C t on heir teet ,111<.I the,e 1c
ded ica te d people . l lu10\\ you a re all fa nu liar with the program. he ,J 1d h ut l •h1 n k II" 111ce e, c··, ,m,c 11
.. wlu le . to co me an d s ho" our fo 'e ,mJ sa) tha n k yo u \\'e ha,e ne\\ mem e r, o n the hoaiJ Jnd t .ere., J
ne\\ energy a nd that e nergy 1s to e ns ure i.h at conununuy services w ill marnta rn their le, d u t ,e n 1cc
\Ir. Co rt es e aid he wanted to s w1tch h.i s hat to Deputy City '.'vlanager a n d thank the C u y 0 1 fn gle\\uUd
fhc ,pmt of coopcratjoo between the City of Englc"ood and the City of Lmle ton 1s "o nd e rful I Jon t
think 11 is ai d e no ugh. There are a lot of areas that we work together o n , he s aid. lnd I ,eall y " nt 10 ,J:•
ho" much "e appreciate that. The way the En&lewood City Council and City Manager interact the
Lt ttlc to n s Council and Manager has been really helpful. The Tri-Ciues meetings have been ,er)
u.:~ess tul as well. I know there arc a few things lurlong that we would like to ge t resolved. he sa 1J. ,u,h
as w.:>rk.m g toge ther on the Humane Society project and gemng that staned .
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Mr. Cortese noted that he has seen this center in the daytime. and it is beauuful. but. at night. 11 reall y look s
great. When yo u drive down the street w11h the fountain at the end and the ligh ts. 11 1s j ust reall y beauuful.
You guys have done a g reat Jo b. he said .
Mr. Cortese sa id he wanted to aga111 thank Council for their cooperauon and Cuv Manager Sears for Im
assistance .
Mayor Bums thanked ylr Cortese .
7. Unscheduled Visitors
Mayor Burns noted that the pet ordmances are on the Agenda tonight and we have ten pe op le who ha,·e
signed as unscheduled visitors and they all want to speak about dogs . We had a public hearing o n thi s
matter a few weeks ago. he said. and even though II was not a le gal requirement. we had a public hearin g so
people would have an opportunity to s peak on these issues . We had te stimony for about two hours 111 thi s
Chamber. I know we have heard from so me of yo u before. that ha,·e s igned up and we \\OU Id like 10 hea r
from you . The agenda says yo ur remarks should be confined to fi ve minutes. but if you co uld linlll ll !O
two or three nunutes we would appreciate 11. If everybody on this list s poke for ti,c m111u1e s 11 \\OUld ta~e
us about an hour 10 ge t through this h s t . We have had heard a lot from you 1nd1 v1dually. he ·aid . We ha,e
had letters and we appreciate yo ur mterest. I think we had a very constructl\'e public heanng. he said. and
we had a lot of responsible dog owners who came 10 see us and we ha,·e addressed a lot of iss ues . So. \\C
would appreciate it if you would make yo ur remarks fairl y short so that we can ge t o n wuh our agenda. he
said . and get to the ordinances on this issue .
(a) Louis Rivas said he was wnh the Lehi g h postal service and he wo uld make his comment
quick, as a lot of his fellow workers were present and the y wanted to vo ice their op1111on s as well . :-1r .
Rivas s tat ed he had some picrures of his attacks. as he has suffered four dog attacks 1rt the past two years 111
this area. He submitted the p1crures to Council.
\1a yo r Burns thanked Mr. Rivas .
(b) Charles Trujillo advised that he also works for the Englewood Pos t Office at the Ld11gh
station and he ha s been a earner there for almost 20 ye ars . During that time. he sa id. I have seen an
mcrease m dog bites and I, personally, wanted to say that I think the C it y needs to go ahead and enact a
stricter law or o rdinance to increase our safety to help us deliver the mail. When I heard about what wa s
gomg on, I had already missed the first meeting, but I lelt I ne eded to get over here . voi ce m y op1111on and
let people know how I feel. I am personally tired of talking to people and telling pe ople that the y need to
restrain their dog , that they need to keep their dog inside the house or tied up. Many earners throu gho ut
Englewood have had close calls that are not on record. I JUSt wanted to shed some light on that. I
understand that. right now. there 1s no leash law on the books for dogs and I think that an}1h111 g that can
help us to mcrease the safety. of not only the mail c arriers . but the citizens of Englewood and the kids. ,s J
posnive . If you can do somethmg about passing a lea sh law and making s ure dogs are res trained. he sai d. 11
will be a big plus . Also, when I heard about this. I talked 10 carriers in our office 10 see how the y tell Jbout
this and then went ahead and passed a petition around. because not everyone could be here toni g ht. I go t
pretty clo e to 50 s ignarures on the petition. The petition states ... We the undersigned are letter earners fo r
the Ci t y of Englewood. Lehigh station. We would like to see the City take a tougher stance o n pet
o wnership (pamcularly dogs) so that we may do our job of delivering the mail. We have s een an in crease
111 the number of dog bnes in recent years and would like to see that number reduced. Thank you for your
time:· Mr. TruJ1llo said he had the petition and Council could look at all the s ignatures . Ma~or 13ums sa ,d
he could pre sent the pet111on to Co uncil and they would make II part o f the record . \'Ir. TruJdl o said there
was muc h more he could sa y, but he would give someone e lse the opportunu y to voice their o pm1 on I k
then p re ented the pct111on to Council.
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\'1a yor 13um and Council :-t ember BradshJ\\ thanl,.ed \Ir. TruJ1ll o .
(cl Paul ager. 4 50 ou th :\-lanposa Dn ve. stated that he has been an Engk"ooJ cillzen
since 19'5. In fact. he said. his first Job was delivenng the Engk"ood Herald. 13ack then. he a1J. I J1dn"t
have an y problems gomg o ut collect mg at an y lime of 111gh1. JOgg111i; anp, here m the It~ But th111g hJ, e
changed 111cc then . I have been w11h the po tal erv1ce for five years and the la t three ~ears and three
momhs I have been a earner in Englewood at the Lehigh talion . Ju . t 111 that lime. he aid. I ha,·e see n a
dog break through a plate gl a ·s wmdow. I have seen dogs anack ·arners. I ha,e seen d ogs that "C have
ailed Code E1uorcement o n 1hree or four nmes. come out agam repeat Jrta cl,.s and no thmg ts June I am
holdmg mail. nght now . for two house s on my route . In o ne case. \\e are Jbout read~ to hold the mad for
the en lire block . If I can·, walk. he said. I ca n ·1 do my JOb . It ts nut a "hole lo t of iun . "hen yo u Jre
walk mg down the s treet Jnd yo u hear a growl behmd you The pe o p le "ho are gomg to take ad,·antage o f
mcreasmg the number of dog allo\\ed to hree . are not the semor C11 1ze n "1th a to , pood le . 11 "di be
people who are 1rrespons1ble no". th e ones "ho ca n ·1 control o ne dog. th ey Jre 1he ones "ho :ire gomg 10
go out and get another t"o s hepherds o r Ron"eders . 1"111 \\alkmg. carrymg the mad 111 bo th hand s and
have a bag over my houlder \\'e don·1 get to carry the neat ltnk thmg s that oJe Enf,,rcement ,arne ,. "''
are only allo\\ed to 'aIT) JO•o pepper s pray. he said. and I ha,e to e uher drop the mad . o r so meh o " shift It
mto one hand and reach 1111 0 the s atchel and grab it. By then I hav e probabl y a lread y ecn bit. One o r
Louis R1 vas·s biles oc urred \\here 1here \\J a luld at home \\ho o pened the Joor and the og ,ame nght
o u t. In that c ase . yo u have no chan ce. whatsoe,er. to react I am ur e. he said. you ha,e all seen the s ig ns
that ha ve a stlhouette ofD0bem1an. 1hat say ··1 ca n mak e 1110 the fe nce 111 tlire e seconds."· We have less
defonse agamst a dog buc "hen a dog gets out. 1han the Bro nco, had against eattle thi s weekend . If a
person ha s three dogs 1hat get o ut . I can get the first o ne. he said. but "hat about the o ther two ? In fact. a
year and a half ago. we had a bile. where the earner went 11110 the ) ard where there "ere no dogs anJ then
1wo of them came around from the other stde and o ne g t the earner. I thmk tha1 we need to do more to
control dogs 111 Englewood. I am a product ofEngle"ood chools. herrel yn . Smclair and Englewood
High. and right now I have two ktd at Cla)'lon. I don ·t \\ant them gettmg b u o n the \\Jy to and from
school. Mr. Sager noted that one of the worst dog problems nght now 1s JUS t north of Bi shop Elementary.
You ma y not think much about the letter arner. he said. because that I a ha z ard of our JOb. but wha1
happens when a dog is out. running down the street and )O U ha\C a grade s hooler walkmg by and then ge 1
bit. He thanked Council for their ttme .
Yla yo r 13ums and Co un cil \·!ember Brads ha" thanked \Ir ager.
(d) Mark \'an Cleef advised that he I the afet y ffi cer al the Ldugh tat1on. with th e
Un ited S late s Postal Service . I vis11ed Loui s Rl\as 111 the ho p1tal the las t two tunes he was b it . he satd
felt It vas part of m y duty to go down and talk to lum and get a gooJ fir s t hand observauon. so I SJ\\ the
wounds nght after the y were inflicted. I can tell yo u that. as the afery Officer, I give a talk on the a,cra gc
of three umes a month and at least once a month that topic ts on the s ubJcct o f dogs . I am also a
res ponsible dog owner, he said. I have owned dogs for probabl y a Imo t my enure adult hie. ex cep1 when I
atte nded college. I do not walk my dogs without a leash and I o nl y o wn I\\O dogs. \l y belief 1s . Jnd I thm~
the stattstics back it, that if yo u have more than two dogs It 1s very hard to res tram them and once the) are
out there is nothmg yo u can do . He noted , It 1s ltke Paul Sager said . 11 1s very quick . There are .
approxtmately. between four and five million dog bues a year. Cluld ren ac co unt for l\\O m1llt o n o ftho ,e
j ust believe that anythmg you can do that reduces that number would be s1g111fic ant . I can te ll yo u tha t I
have delivered. at times . 10 Flood Middle School and when I see a dog out. I do call Code Enforce ment .
probably more for the safety of the c hildren involved. than for me. I know they are out there. tho e kids
don't. I thmk Englewood has a great response, as far as Code Enforcement. They always come o ut and
they get the dogs . Now those arc loose dogs. The problem is when you have more than 1wo dogs. If you
have three or four dogs, and one of them gets out then you have more than one loose . Smee I ha, e become
a carrier I have never said to a person that my dog doesn't bite. He doesn·1 bite me . but I don ·, kno" what
he would do with you. I can "t say that with I 00% surety, he said. and ye t I hear that once a week . The less
I hear that the better . I don't mind hearing that, when they have the dog on a leash . When the dog i, no t o n
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October 15 . 2001
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a leash. I freeze. That is my pos,non as the Safety om er and I tell earner . ,fa dog ,s loo e. don 't dehver
the mail. period. Because you JUSt don ·1 k.no". "hether 11 1s a Pekmese or a cho". He thanked Council.
Mayor Burns thanked Mr. Van Cleef.
(e) Tom ! orris. 3894 South Lmcoln treet . noted that he 1s \layor Bum · letter ea rner. I
was attacked a few weeks ago. he said. I realize that there are a lot o f responsible dog owners out there Jnd
this is not about the responsible dog owner. This ,s about the dog 0 "11 er that 1sn·1 responsib le enough to
keep their dog contained in their yard . In my case, he ;aid. as I \\3 dell\·enng mail. I \\3S o n 1he fr o nt
po rch and th e dog jumped up on so me rrash ca ns ne xt to the fe nce and he came ngh1 fo r me . He d1dn ·1
sniff around. He was rippmg across 1he yard for 1he ole purpose o fgenin g a piece of me . I don·1
apprec iate that. :slow that person has a po ·t office box. he sa id. and 1here are se,e ral people o n mv route
that have post office boxes. be cause of dog problems 1ha1 oc c urre d before I mhented thi s route I would
JUSt hke to say that so rnethmg does need to be done . I am not as oncerned for my elf. he said. be ·au se I
am pretty sure I can handle myse lf under various situations . But I am concerned about the people who
aren 't expecting that son of thing. We as letter carriers do expect that. we have to look for tha t. The kid
riding the bicycle down the srreet doesn't notice the dog chasi ng after lum or pull111 g hnn down. Someth111 g
needs to be done for the people who don"t look for that son of thing o n a daily bas is .
Mayor Burns thanked Mr. Norns .
(f) Ra y Davis advised that he 1s Engle\\•Ood·s Po t Ma ster and the e are l11S letter earners
The rea son I am here. he said. 1s to s peak out for and agams1 the proposals that are m fr o nt o f the Counci l in
regard to dogs. He stated that letter earners and dogs are like oil and water. They do not nux. Bui they
al o don 't mix with yo ur tra sh coll ector. yo ur UPS man o r your meter reader. Dogs are territorial and the y
are go mg to protect their property. In Englewood last year, he noted. we had a to tal of eight dog bites and
six of those occurred in the 801 10 zip code here m the confines of Englewood. Would a leash Jaw ha\'e
prevented any or all of those? Ma ybe not. But as stated by o ne of the letter earners. that loose dog ,
whe ther ll 1s m your yard or whether it 1s 111 your neighbor's ya rd . constitu tes a threat IO the m, even thoug h
the y ma , not have been bitten. By our defimuon. as an o rga111 zati o n, an unrestrained dog ,s a ha zard . To
be restramed 11 either needs to be behmd a fen e. m the hou se or o n a leash . Lener ea rners have 1he
autho rit y to cunail deh\'ery. to the mdiv1dual house. 10 the s ide o f the srreet. or. 1f need be , the entire block .
1fthere ,s an unre stramed dog . Even 1f111 yo urs. 111 yo ur yard and 11 is unrestramed . As their employer.
Ill) first obhga uon is to make ure tha1 the y have a safe and health y work environment . And ha, mg dogs
runmng loose. whe th er the y belong to you m yo ur yard or they are runnmg down the street unresrramed. 1s
hazard that we are JUSt not gomg to put up \\1th . I ha\'e rwo dogs myself. alben not m Englewood. and
f\\O are mugh eno ugh to control. let alone three o r four. He advised that a lener e arner. who 1s not here
tomght. was bit by two dogs about a month ago. He delivered ma,!. he turned a round and two dogs came
through the sc ree n door and both of them bn him. I f there had been three or four dog , he might have had
three or four dogs bite him. instead of two. So when yo u consider the o rdmance on dog conrrol. we ask
that you make a dec1smn for the lener ca rriers , for the children and for the ot her deh\'ery people who are
o ut m yo ur neighborhoods every day. He thank ed Council.
Ma yo r Bums thanked Mr. Davis.
(g) Juamta Rogers advised th at s he is also a ma il earner m Englewood and has been
delivering matl m Englewood fo r a lmos t 17 years . I also own propemes m Engle\\ood. s he said. and I li\'e
and shop m Englewood. I have personally been in the ho spnal several limes w11h dog bnes . 1 weigh 12 0
pounds and I have had attack German shepherds and Dobemuns ge t me . She noted 1t 1s not the responsible
ones, 11 's the o nes tha t thmk it would be so cute to have three o r four or five dogs . :'--Is . Rogers stated 111s
the 1rrespons1ble ones that get them and 11 is the 1rrespons1ble o ne s who won 't get s hots for them and won 't
contam their dogs . They are the sa me people who probabl y shouldn 't ha\'e children . They don ·1 know
how to tram an ammal and there is no respons1b1lity . mce I h3\e moved to Co lorado. she ~a ,d. 1
personally know of eigh t children who have been killed by dogs . Eight children Ma ybe the y are not
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your . she said. bu! 1hey are somebodv·s kid who ,s dead because of an unrestrained animal that was 1101
trained or 1aken care of. I deliver matl ma beauuful neighborhood and people like to walk. the y like IO gee
out. They walk in the park and there are dog feces everywhere and dogs anack each ocher. as the y are nm
on leashes. Sure. she said. 1hey are grea! dogs. and I personally hke the dogs. bu! when two dogs gee
wge1her 1hey do tha!. It 1s territorial, it is !heir habi1. M s . Rog e rs oprned that \\·C need a leash la\\ 1hat ,s
enforced . We need laws with backbone. I am sure chat 1he Code Enfor ement people are ,ck of
babysinmg these people who can·t take care of1he1r 0 \\11 ammals. h 1s nd,culous . E\'eryone thinks 1heir
dog is great, thal 1heir dog won·t bite. lfit has ieeth n "'" bue. \\"hen I was marned. he said. my dog.
actually it was my husband 's dog. was a little tiny shelt,e. It attacked a full-grown German s hepherd guide
dog . because the dog got between the master and him . That httk ele\'en-pound dog attacked that Gen11an
shepherd. T hat is what happens. They are terntorial. they are protecuve. I newr would ha,·e s uspec1ed
tha!. The thing is that if had been o n a leash. if the gate had been clo ed .. ,t: ,f. 1f. But n happened and as I
said there are a lot of people who are responsible. but the idea of even tlunkmg ofall ow,ng more ammal s
without a leash law, and without ome laws wnh some kmd of enforcement behmd them. 1s nd,culous . It 1s
the bad neighborhoods where people won·t take care of their animals and the o nes 1hat won ·t gee them
shots. They are the ones we ha ve the trouble wnh 1·111 s ure you all h \'e 111 ni ce neighborhoods. she said.
but you should go to some of the o th er neighborhoods. some of the \\Ors t neighborhoods. and yo u can ·1
walk up and down the street wnhout growlm g dogs commg nght up agarnst the fenc e and sruff. \\'e go
through that every day. because that ,span of our Jo b . But n ,s also pan of your Job to help us to feel
comfonable ll1 thi s town. she said . and I lo\'e thi s to wn .
\lla yor Bums thanked Ms . Rogers .
(h) Ruth Steel thanked o un c,I fo r the o ppo rtunity 10 s pea~ to ouncil o nc e again . Altho ugh
tethering ,s outs ide o fth1 s evenmg·s cons1derat1on s. she sa ,d . 1t ,s my understanding that tethering Jnd
licensmg of ammals with progressive fees. based on the altermg and neutering of pets. \\"Iii be among the
issues next up for dt cuss,on. It ,s my behef. s he said, that the se too must be addressed or "e "ill have
failed in an imponant respons1b1lny as a compassionate. caring community. That havmg been a,d. I wam
IO take this opporturuty to urge your suppon of the co mmon sense preventive measures before you this
evening. Measures which have been studied and recommended for adoption by the Englewood ode
Enforcement Advisory Comnuttee . For the health and safety of this community, she said. lo gic argues that
Englewood needs a leash law. required rabies vacc ma uons. humane care , she ltering, housi ng and
maintenance of animals. as well as a limit to the number of pets per household, now. It 1s time 10 tune ou t
the dissident choir of naysayers who take pleasure and refuge in blaming goverru11 ent for their se lf-
centered, self-serving behavior. Either these mdi v1duals do nm understand. or they choose to ignore . the
irrefutable connecti on, between amrnal neglect and cruelty, to the public interest and the public safety. he
pointed out that the caretakers are derelict. but the ammals get blamed. The issue is not how much a g ,"e n
animal can endure, but how much ilus communu y ,s, tiling to tolerate . I want to thank you. she said. for
yo ur attention, your concern. your interest and your acuon.
Mayor Bums thanked Ms. Steel.
8 . Communications. Proclamations and Appointments
(a) A proclamati on declaring :-Jovember as National Hos pice Month was c onsidered.
COUNCIL MEMBER WOLOSYN '.\10VED. AND IT WAS SECONDED. TO APPROVE A
PROCLAMATION DECLARING NOVEMBER AS NATIONAL HOSPICE '.\-IONTH.
Ayes:
Nays:
Motion carried.
Co uncil Members :-Jabho lz , Garrett. Bradshaw, Wolosyn,
Yurchick, Grazulis, Bums
None
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Ma)Or Burns advised that we have an item that is not on the agenda. but the Co un cil member are U\\ are o f
it. He said he wo uld hke to go to the podium al this tim e .
Ma yo r Bums asked City Manager Sears to co me down to the podium.
Ma yo r Bums said he did no t thmk Mr. Sears wa s aware that the y we re go in g to do this . He no ted it was hi s
pnv1lege tonig ht to surpnse him.
Ma yor Bums stated that Gary Sears began !us career m c ity government in 1972. where he served as
Assistant C ity Manager for the City of Loveland . In 19 7 his career took him to the C1 1y of G reele y where
he was Perso1111el Director uni!! 19 0 . Gary then made a move to the mountains and serv ed as Town
Manager m Si lvenhome through 19 6 . That 1s when he moved back to the metro area and became the C11y
\llanager o f Gle ndal e , where he sta yed for e leven ~ars . O n . ove mber 3. 199 7. Gary s tarted a new career
path. when he came to the C ity of Englewood as our new C ity Manager. In addition to hi s leader hip roles
in these vanous Co lo rado mun ici palities . Gary serv ed as Pres ident of the Co lorado Muni ci pal League 111
1993 and 1994 . He serve d o n the CML Execunve Boa rd and on several C ML comm1t1ees . He \\JS
President of the Colorado City and Count y Management A ssociation for a year. Since coming to
Englewood, Gary has guided the City through some very imponant and c hall e nging proJects . The
redevelopment of CityCenter Englewood. which includes our move to the Englewood inc enre r. th e
improvements along South Broadway, the renovation of the Allen Water Treatment P lant and the on-go mg
plans to rede ve lop the General Iron Works s ite . just to name a few . He also ha s been a fair . access ibl e .
co mpass ionate and very visible City Manager on o ur staff. We can ·1 forg~t the mo t imp o rtant part uf lu s
life , 111s lo ve and devotion to hi s wonderful famil y, hi s wife Dianne a nd hi s children. Ben and Adnan.
Ma yor Bums advised that, a couple of weeks ago Gary Sears attended the lnt ernauonal C ity :Vlanager"s
Association N ational Convention in Salt Lake City where he to ld me he wa s go in g to receive an award.
from that organization, for thirty years of service as a City :Vlanager. As I unde rs tand. the y told him at the
ume that the awards weren ·t available. but they would be mailed . The y did matl the award and our staff
has hidden this award from him.
!\1a yo r Bums stated that for all the previousl y stated reasons and man y more. we are proud to present this
pec 1al honor tomght. This plaque is fro m the Internatio nal C 11y and aunty :-.tanagement As socia11011 fo r
thiny ye ars of serv ice to En glewood C11y Manager Gary Sears. He said 11 reads as follo "·s . "'In honor oi
thin years of service 10 local government Gary L. Sears 1s recogrnzed for s1g111fica111 contnbu11on s and
a h1evements m the advanc ement of local government adnumsrra11on . Prese nted at IC !\IA ·-7•• Annual
onference . Salt Lake C n y. Litah, September 26. 2001." He noted n 1s s igned by the President and
Execu ti ve Director. ;'.fa yo r Bums stated it wa s his honor, o n behalf of the Cny Coun ci l. to prese nt this
plaque to Gary this evenmg. He offered his congrarulauons .
C ity Manager Sears noted that it seems like he just got into this business yes terday. This means a lot. he
said. Mr. Sears thanked Mayor Bums and Council for the o utstanding j ob the y have done . And, he said.
obviously, I have an o ut standing staff and it is definitely a team effort. Mr. Sears stated that he appreciate s
the suppon of his wife and kids. I really appreciate the recogmtion, he said.
Ma yor Bums advised that there would be a linle reception in the Community Room for Gary. He invned
eve ryone to Jam in .
The meetmg recessed at 8:33 p .m. for a brief reception .
The meeting reconvened at 9 :06 p.m. with all members present. Mayor Bums thanked everyone fo r
anending the reception. He again offered his congratula11ons to Gary Sears.
9. Public Hearing
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Page 9
:-Jo public heanng was cheduled before CoutlCII.
I 0 . Consent Agenda
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COUNC IL \IEi\lBER GARRETT MOVED. A .. "D IT WAS SECO~DED. TO APPRO\'E
CONSE:'IT AGENDA ITEMS 10 (a) (i), (ii). (iii). (h·) and (v). 10 (b) (i). (ii ). (iii) and (h •) . .-\:,.JD 10 (c)
(i), (ii) and (iii).
{a) Approval of Ordinances on Fi rst Reading
(i) COUNC IL BI LL NO . 62. INTR ODUCED BY OL'N IL '.\1 E'.\1B ER
GARRETT
A BIL L FOR A. ORD INANCE APPROVING AN E1'CROACH:\1E'.'<T PER.\llT A:S:D lXDDl'-=I TY
AGREEMENT PERTAINING TO A RET AIN fNG WALL I~ THE PCBLI RI GHT-OF -\\'AY
(ii) CO . 'C IL BILL :siO . 67. INTRODC C ED BY OL"CIL :\1E'.\1BER
GARRETT
A BILL FOR AN ORDlNA:siCE FlXl-;s;G THE TA X LEVY l~ '.\llLL S CPO:S: EACH DOLLAR OF T II E
ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHN THE C ITY OF E:S:GLEW OOD .
COLORADO .
(ii,) OL--;-.; lL Bl LL :S:O . 6 , l~TRODCCED BY COu>iC IL MEMBER
GARRETT
A BILL FOR AN ORDl-:S:AN E ADOPT!~G THE BL'DGET OF THE CITY OF ENGLEWOOD ,
CO LORADO . FO R THE FIS CAL YEAR 2002.
(iv ) COL'NC IL BILL SO 69 . INTRODCCED BY COUNC IL MEMBER
GARRETT
A BILL FOR A, ORDI NA:S:CE APP ROP RI A Tr,\'G MO IES FO R ALL :'vlL:'ilClPAL PCRPOSE S 1:-,;
THE CITY OF E, GLEWOO D. COLORADO. N THE FISCAL YEAR BEGINN£1'G JA:-,;t;ARY I.
2002 , AND EN DING DECEMBER 31. 2002 . CONST ITCTING WHAT IS TER.\1ED THE A:S.r:--lCAL
APP ROPRI A TIO BILL FOR THE FISCAL YEAR 2002 .
(v) COu'};C IL BILL NO . 70 , INTRODC CED BY COL:'IC IL '.\1EMBER
GARRETT
A BILL FOR AN ORD! ANCE AME , DING TITLE 2, OF THE ENGLEWOOD ML'N ICIP AL CO DE
2000 BY THE ADDITION OF A :siEW C HAPTER 12 , ESTA BLI SHING A TRANSPORTAT ION
ADVISORY COMM ITTEE FO R THE CIT Y OF E:siGLEWOOD , COLORADO .
(b) Approval of Ord inances on Seco nd Readmg
(1) ORD INANCE :S.:O . 57. SERIE OF 2001 ( OL:\CIL BILL NO 61 ,
TROD UCE D BY COL'NC IL MEM BER GARRETT)
AN ORD INANCE AME DING TITLE I. CHAPTER , ECTION 2: TITLE I, CHAPTER 7A.
SECT IO NS 14 AND 15 . OF THE ENGLEWOOD '.\1L'N ICI PAL ODE 2000 PERT AINI G TO
JU RI SDI CT IO N, POWER .
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Englewood City Council
October 15. 200 I
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(ii ) ORDNANC E '.\iO . 58. SERJE OF 200 1 (CO L~CIL BILL ~O . 63.
INTROD CED BY C OLiNCIL MEMBER G ARRETT)
AN ORDINA:s/CE APPROVING AN EN C ROA C H:'vl-f :siT PERMIT A"ID f"IDE\.INITY AG RE E~'I ENT
PERTAINING TO A RETAfNING WALL AND FEN E IN THE PCBLIC RJ G HT-OF-WA Y.
(iii) ORDINANCE NO. 59. SERIES OF 200 1 (COlI'.\/C[L BILL NO. 64 .
INTRODUCED BY COUNCIL MEMBER GARRETT)
AN ORDINANCE A UTHORIZING AN INTERGOVER:-.IMENTAL AG REetE NT ··TRA:\SF ER ' OF
WATER SERVICE" FOR TRANSFERS OF WATER S ERVI CE BETWEEN TH E DE'.'IVE R BOA RD OF
WATER COMMISSIONERS AND THE CITY OF ENGLEWOOD . COLORADO
(i v) ORDINANCE :\0. 60 , SERI ES O F 2001 ( OL':\C IL BIL L ~O . 66.
INTRODUCED BY COUN CIL MEMBER BRADSHAW)
AN ORDINANC E A 'THORIZI. G THE TER._vf!NATI ON OF A LEASE AGREE.VIE'.\'T BETW EE :-.:
RADIO VENTURES (KQXI ) AND THE CfTY OF ENGLEWOO D A'.',;D THE C ITY O F LITTL ETO N.
(c ) Resolunons and Motions
(i) RESOLUTION NO. 73, SERJES OF 200 1
A RESOL UTION FOR A S UPPLE:'vlENTAL APPROPRL<-\ TIO N FOR THE 200 1 BL'D G ET O F TH E
CITY OF ENGLEWOOD, COLORADO .
(i1 ) CONTRACT WITH KNIGHT EQ UfPME'.',.'T SALES (}; TH E AM OUNT OF
$22 ,7 14 .00, FOR THE PURCHASE OF ONE MANURE SPREADER.
(i11) CONTRACT WITH POWER EQ U IPMENT C OMP . .\:SCY I'.\' T H E A~I OC~T
OF $72,444 .00. FOR PURCHASE OF A FRONT END LOADER .
Vote results:
Ayes :
Nays :
Mo t1o n earned.
11 . Regular Agenda
Council Members :'1/abhol z . Garren, Brads haw. \V o lo s}n .
Yurchick. Grazulis. Bums
None
(a ) Approval of Ordinances on First Readin g
There were no additional Items submined for approval on first reading . (See Agenda Item IO . Con em
Ag enda.)
(b) Approval of Ordinances on Second Reading
Ma yor Bums advised that Council would be considering Council 8111 No . 36 and Counc,I Bill No . 3 on
second reading. He noted that Council had rwo versions of each council bill in theU' packets .
iry Anomey Brotzman explained that the version 1hat is not in bold rypc 1s the one o un c il pa sed on fi rs t
reading.
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(i) Coun 11 Bill :S:o. 36. amendmg Tnle 7. C hapter IA of the Engle"ood \lumc,pa l
Code penammg 10 dogs and cats \\as considered .
COL"NCIL \IDIBER GARRETT '.\IO\"ED . ASD IT WA S SECONDE D. TO APPRO\"E AGENDA
ITDI 11 (b) (i) -COl.:~C IL BILL NO. 36.
COCNC IL BILL NO . 36. INTRODL:CED BY OL>i C IL \IE:\IB ER YL:R C HI C K.GARRETI
A'-1 OR.D I-:,.JANCE AMENDf!\G TITLE 7. CHA PTER IA . OF THE E:--JGLEWOOD :VIL":,;IC IPAL CO DE
2000. PERTAINING TO DOGS AND CATS .
Council 1'-Iember Bradshaw said s he had a questi o n. \laybe ll lSJUS I me . he said. but o n page ii ve . ~ 7-
IA-7 (~. ll says '"II shall be unlawful to k1ll. mam ... She asked 1f1hat houldn ·t be m.:um mstead o fmam .
C,ry Anorney Brotzman agreed that that should be 1111101.
Co un 11 :-..!ember Yurchick as ked whi ch version the~ are vo tm g on no \\ Cit) . .\tto mey 81 o tzman J U\ i,eJ
that Council :Vlember Garren Jus t moved th e vers1011 that \\ent o n first re ad111 g. \\h1 ch 1s the o ne \\Jlho ul
bo ld rype . He s lated that Council will need lO make a mo 11on at thi s ume to amend 11.
Ma yor Bum ex plamed , to c lanfy further. that the bold type l!ems are the sugge li o n from oun 11',
previous di scuss ions. at Counc11's previous meeting and Study Session .
In response to ouncil Member G ra z ulis. Council \!ember Brads haw explamcd that ou nc,I had 10 pu t
Co uncil 8111 No . 3 6 on the table and now we can amend 11. We will vo 1e o n th e amendmcm 1irs1 a nd then
pass it wnh the amendments .
o unc1 ! :0.lemb er Yurch1 k a ked 1f the y wanted to cha nge the .4 hour on the ck.rn -u p . b<"io 1e the) du the
amendment. Ma yo r Burns said yes.
Counc il \!embe r Bradsha w as ked 1fhe was talk111 g about an amendment to pai;e e,en (o i thc bold typ e
version) , i-1 A· -1 (!;l.) -··, Jted'". to .:hange that 10 4 hours .
Counc il Member Grazuhs s tated she thought that sounded more rea o nable. Coun il agreed .
Council \1ember Bradshaw asked if they needed to move that amendment.
Counc il :vt ember Garren said no , because Counci l ha s n ·t appro,·ed the amendments .
Council Member Bradshaw sa id okay, then we will JUSt chan ge that. She noted thi s 1s about remov111g
exc rement wit hin 48 hours, on your own property.
COUNCIL MEMBER GARRETT '.\'IOVED, AND IT WAS SECONDED, TO AME'.'<D COL''.'oCIL
BILL NO. 36 AS REFLECTED IN THE BOLD TYPE. VERSION Nli'.\'IBER TWO A .. "ID TO
REFLECT A CHANGE FROM 24 HOURS TO 48 HOURS IN SECTION 7-IA-8-IB A.''iD ALSO
TO REFLECT IN 7-IA-7, THAT IT SHALL BE U'.'o LAWFliL TO KILL OR '.\1AIM (NOT '.\1AI'.'o ).
A yes : Council Members Nabholz. Garren. Bradshaw. Wolosyn.
Yurchick. Grazuhs. Burns
Nays : None
Motion carri ed .
Mayor Burns stated that the amendments are adopted. He asked ,f there were an y fun her amendment .
There were none. Mayor Burns called for the vote o n o un cil Bill No . 36 as amended .
Mayor Burns advised that 1fthere was any funher discuss ion. that would be fine .
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Council '.\lember Yurch,ck asked whal the y were voting on 110\\.
Council '.\lcmber Grazults said she j ust wa nted 10 be sure about" hat the y were rntmg on.
Council '.\-lember Garren explamed that the y were o ting on ouncil Bill :\o. 36. as amended 1omgh1.
So. Council '.\lember Yurchick said. we are ,·o tm g on the amendments . C11y A11ome y Brotz man said no.
they are voting on the whole th ing now.
i\layor Bums noted Co uncil has approved the amendmcms. but \\e haven ·1 ,·oted o n the e nllre o rdinance as
amended.
In response to Counci l '.\1ember Yurchick. '.\fa yo r Burns confirmed that the y \\ere ,·01111g on Cou nc tl Btll
. 0 . 36.
Mayor Bum asked 1fthere were an y ques11on s or 1fthere was any confusion about the mo11on .
He as ked 1f ou nc1I was ready to ,·ote o n Council Bill ~o. 36 as amended.
Mayor Bums asked that Counci l vote o n Coun ci l 13111 No . 36 as amended .
Vole resulls:
Ayes:
Nays:
Mouon arried .
Council Members Nabholz. Garrell, Bradsha". \Volo )11 .
Yurchick, Bums
Council Member Grazulis
ounctl '.\l ember Gr•zults said s he would like to e xplam why s he ,·med against this . A "e had J lot o t
discussion with the Cny, w11h c 111zens shoMng up on three different occasion . and I re el\ ed numer ou,
phone calls and letters at my home , she said. I have come 10 the co nclu sio n. that there are JU t man, thJt
are responsible and I think I have to speak up for th ose people who are respon>1ble pet O \\ ners I Jm going
10 pur ue o me type of a dog park. for those people who are re spons ible . and also some of the other I uc ,
that will be cons idered next. But I just feel. she said, that we are not seven and ze ro , because of the mput
from the ci uzens. There were a number of people against this, especially 111 my D1sm 1. nd I '" II JU~t be
the one that vo te s agamst it. I ran 50150. she said. so I can go o ne way or the other. I am gomg to re prese nt
those who are responsible pet owners . One thing I would ltke 10 ee imp le ment ed. and tht has 10 do "11h
Judge Atencio, is that when cerram citations are g iven to peop le and they have to come before the Judge .
tha t we ha ve in place the people who have volunteered to do educauonal programmmg The y \\ould then
be referred to tho se vo lunteers to learn how to be responsible pet owners. There we re so me people
mterested m doing that, she sa id . so we need to get w nh the Judge and tr y to arrange to have 111m meet w11h
the \'O lunteers so the y can discuss w hat that \\Ould entail.
As there was so me ques11on as to the s tarus of Council 8111 :-Jo . 36. Crry Anorney Brotzman exp lamed that
the bill will come back to Council. at the ne xt mee11ng, on second readi ng.
Co unctl Member Bradshaw noted that Council 811! No . 36 went back to first reading because of the
amendments. Ci ty Allomey Brotzman stated it is because the amendments were substanlt\'e. The b ill will
co me back 10 Council, on second reading, at the first meeting in November, he said .
(ii ) Council 8111 :-Jo. 3 , amending Title 7. Chapter IA of the Englewood Muru c1 pal
Code pertammg 10 number of ammals maintamed at a household or p remises was conside red .
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Englewood City Council
October 15, 200 I
Page 13
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COUNCIL MEMBER GARRETT :\10VED. AND IT WAS SECONDED. TO APPROVE AGENDA
ITEM I I (b) (ii) -COUNCIL BILL NO. 37.
COUNC IL BILL NO. 3 . 11'."TROD CCED BY COUNCIL ME:VIBER YCRCHICK,'GARREIT
A'.\! ORDINA'.\ICE A:VIE:-.'Dl'.\IG TITLE-. C HAPTER IA. OF THE E:-.'GLE\\"OO D M C :-.'I C IP A L CO DE
2000 PERTAINING TO THE Nl.ilvlBER OF A'.\ILMALS :VIA!l\TA!}.;ED AT . .\ HOUSE HOLD OR
PRE\1ISE .
Council Member Yurchic k said he had a question o n th e amendmem . You can correct me 1f I am wrong.
be said. but as he reads this, as of January I. 2003 . if yo u have more than two dogs or two cats. you need 10
get rid of one. I thought, he said, that it was not the intent of the Code Enforcement Advi sory Commiu ee
10 force anyone to get rid oi a dog or cat. He asked 1f that was correct.
So. Council Member Bradshaw said. that wording needs 10 reflect that. Counctl '.\!embe rs Grazuhs and
Yurch,ck agreed .
Council Member Brad ha" asked try Anomey Brotz man ho " the y can c hange the bill to reflect th at.
C tty Anomey Brotzman sa td that what yo u can do. under the grandfather amne ty clause. mstead of the
bold type langua ge. 1s rem en the smckeu language that beg ms ""All households presentl y o " nmg three
dogs or cat ,v1 1ho u1 a hobby breeder's li ce nse:· You actually \\Jill 10 retnsen that as yo ur grJndfather
clause. he aid.
But . uu n .ti Member Yurch,ck said. we need a date . That was part of the problem wnh the ongtnal
amendment. as ll J U t s aid "at present."
ny Anome y Brotzman stat ed there s houldn ·, be an y dogs. from that first 11me around . that are s ttll aln e
o nght no". he ,a id. e,eryo ne should ha,e either I\ o dogs o r l\\O ·ats .
Coun 11 \!ember Yurchtck Lated that 1s not reahry and he did not want 10 get imo the posn,on of forcing
som o ne to ge t rtd of a dog ur at. But as of :s;ovember I . 200 I. tf you buy a third dog. after that, then ! ou
are 111 \lola11 on of the la\\. If yo u have three dogs . as of that date . yo u are enrnled 10 keep those three dogs.
unit! one dies and then yo u an ·, replace that 1h1.rd dog .
Coun cil \1ember Garren asked tf it is true that this becomes effective thiny days a tier it 1s approved. Cny
norney Brotzman said that 1s correct.
Co un cil Member Bradshaw said then it would be afTecuve around January I .
Counc il Member Garren pointed out that on the date ll becomes effecuve you wo uld have the grandfather
lause . You would not be allowed 10 add 10 your group. he sa id . but as the y die off yo u would not be
allowed 10 replace .
City Anomey Brotzman advised that the problem right now is that the original ordinance was passed tn
1979. That means if you had a thi.rd dog in 1979, that dog is now 23 ye ars ol d . So they shouldn 't ha ve
more than two and two. What M.r . Yurcluck is trying to get to , he said. 1s that he wants an amnesty cla use
not a grandfather clause .
Council Member Bradshaw asked how the y can do that .
City Anomey Brotzman atd you use the smcken language , which doesn·1 give you a date , but 11 a ll ows
yo u 10 keep the ammals ,f you have three nght no\\.
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Council Member Yurchick asked if the y have to et a date . C.:>unc1 ! Me mber Garren stated yo u don·1 have
to do tha t. if you do it o n the effecuve date of the ordinance . Cuy Anomey Brotzman said that is right.
Council !\!ember Ga rren state d that thirty days after the y pass ll. the second nme. ll becomes effective and
tha t 's 11.
Council Ylember Yurch1 c k sta ted he J USt doesn ·1 want to ge t m the same s1 1uauon that we are m nght now .
"here we are trymg to clanfy the lan guage .
Council Ylember Garren said. in essence. starting thirty da ys after the second reading, the language 1s the
same and yo u have an amnesty clause . If yo u are non-co mpliant. at the beginning of th e effrcuve date. you
don·1 ha,·e to get rid of o ne. but if11 die yo u can 't repbce He asked 1fthat was right. Ci ty Anorney
Brotzman said th at is correct.
Council !\1ember Yurch1 c k a ked 1ftha1 wa the mtent of the ode Enfo rce ment Adnso ry Conurnnee .
Council Memb~r Bradsha" tated that the y need 10 ha,·e ll read that wa) legal!)
C u y Anome ) Brotzman adv, ed that . 1fCounc1! u e the mc~en language . tl1e ) will be fine .
Council \1 ember Yurch1 k a,d he thought that "a th ,s ue . as the tn ken language states that all
household "presently'' ownmg
C ouncil '.\(ember Garren s uggested the y repla ce the \\Ord "presentl y" wuh "as of the effec u ve da te oftlw
ordman e ." He asked 1fthat would work .
Coun cil \1ember Yu rch1c k sta ted tha t resoh ·es the Code Enforceme nt Advisory Comminee's iss ue.
Counc,I \1 ember Brad haw o pined that that makes ll very !ear.
Council Member Garren suggested they do it that wa y.
Counc il \1ember Bradshaw said that 1s an amendment.
!\1ayor Bums pointed o ut that the g randfathe r clause 1s not an amendment because that was no t part of the
o n g mal o rdmance anyway. City Anomey Brotzman said that 1s correct.
Coun 1! \1emher Yurch1 k sta ted the y do have to amend it to replace the word prese ntl y.
\1ayor Bums aid he "as talkrng about the sec uon below that. We don 't have to bother wnh that now .
Council :'.1ember Ga rren asked City Anomey Brotzman ,f, techrncally, there \\Ould be no amendment
ex ept for the lanfymg language.
Cn) Anome y Brotzman stated yo u have stricken language .
Coun 1! '.\1ember Yurch, k aid the amendment 1s to change § 7-I A-4 from tw o dogs "'o r ' rwo ca ts. to two
dog "'and" two ats and to change "'prese ntl y" to "'as of the effective date of the o rdi nance.'· He a ked 1f
that \\·as correct .
Council Member Garrett said that was correct. Ba s,call y. he said . Section 1 wi ll sta y exactly as wntten.
mcl udmg the stncken la nguage. except the word "'presently" 1s bemg deleted and replaced wn h "'as of the
effecuve date of the o rdmance ."'
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Octobe r 15. 2001
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But. Cou ncil \kmber \\ olosyn said. what we moved \\JS the o ne tha t ha s all this language ab o ut four
ammals many combination.
Co uncil .\!ember Garren said we haven ·1 mo,·ed the amendme nt yn
Cou n d '.\!ember \Vol osyn said that we put It on the t le and "e ha , e to talk about \\hat "eh.neon the
table .
Cou n ti '.\I e mber Yurch ic k ,aid "e haw to amend that to .. t\\O and t\\o·· and ame nd .. pre,ent l, ...
Co uncil '.\!ember Ga rr en said basically"• need to put on. a an ame ndment. the srn c ken lan g uage .
·11y Atto me , Brotzman asked tha t the , do one more thmg He a ked that the ,· rc mo , e the seco nd
Whereas. 1f the y change It to .. two dog and t\\O cat :· o un cil agreed .
'.\layor Bum a ked 1fthey \\anted to keep the third Whereas or should "e call II anm esr, and mke
gra ndfa ther Cily Attorney Brotzman said )O U can lea,·e grandfather.
In re ponse to ou nc,t ;\!e mber Garren. Ci ty Att o rne y Bro tzman advised that they need to smke the saonJ
\\'hereas. \\here tt Sa ):, you Jre going to ch an ge It to fo ur J111mal . You are not d 1Jn gmg It to fo ur. y ,1u J 1~
keepu1g 11 at I\\O -o. oun ·d '.\!em ber Brad ha" said. ,ou don ·1 need that ,f ,ou Jren ·1 go mg tu put 111
thre e and three .
'.\!a yo r Bum s po mted out that It 1s there from a pre, 10u draft
City Attorne y Brotzman stat ed ii wa there" hen yo u were gomg to four dogs .
Ma yor Bums noted that It ho uld ha,e been taken out \\hen thi s draft \\JS created and ii \\JS J U t mi ssed
Co un cil '.\!ember Yur hi ck a ked 1fthe y "ere ta kmg out the tlurd \\'hereas C11~ . .\ttome ~ 13 ro mn.111 ,ai J 11
,s the second \Vhaeas.
Co un d :vt ember Garrett sa,d the third \\'herea d oesn ·1 o me ,m o play. because 1t \\J not o n the table It
"asn ·t pan of the o ngma l cou nc,t bill that "a .1ppro,ed He , ked 1ftha1 was nght
Council '.\!em be r Yur ch , k said that 1s nght.
Co uncil :vtember Garren aid he wo uld take a shot at the mo uon to amend .
COL~CIL '.\1E:\1BER GARRETT '.\IOVED TO ,H'l[:",D C Ot.:NCIL BILL NO. 37 BY STRIKJ'.\'G
THE SECOND WHEREAS. INSERTING I'.\' 7-lA-4 THE WORDS ·· . .\.'1/D TWO .. A'.'<D L L \\'l'.'<G
THE WORD ··OR"' BEFORE THE WORD ··CATS"" . .\.~D l'.'<SERTING THE FOLLOWING
L..\.~Gt.:AGE ·'ALL HOUSEHOLDS. AS OF THE EFFECTl\'E DA TE OF THE ORDINANCE.
OWNING THREE DOGS OR CATS \\'lTHOUT A HOBBY BREEDERS LICE'.\'SE. '.\'L\ Y
MA.l:",T A.IN THE THREE DOGS OR CATS Ct:RRE'.\'TL Y OWNED. BL'T SHALL '.'<OT
MAJ.NT A.IN MORE THAN TWO DOGS OR CATS U PON THE DEATH OR LOSS OF
OWNERSHIP OF ONE OR ;\IORE OF THE CURRENTLY OW'.'<ED THREE DOGS OR C A TS .
Council Member Garrett asked if that was correct.
Council Member Wolosyn said she is confused. I thought at th e begmmn g or't ht s. at the last meetm g tha1 I
attended. that the version of Council Bill No . 37 that we app roved on fi rst re ading . wa about the four
animals in any combinanon or. she asked. did we vo te on the amendme nt s .
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Englewood City Council
October 15. 2001
Page 16
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Council \·!ember Bradshaw said no . we had to put the one we mm·ed before o ut on th e table and now we
are putting amendment s on it.
But. Council :vtember \Volos)11 said. we ha ve put amendments on the amendments .
City Attorney Brotzman ex plained that :\1r. Garren JUSt a mend ed the current code. ra ther than four animal s .
Cou nci l :vtember Yurchi c k noted he did Jt backwards .
Council :vtember Garren as ked 1fhe did it bac kwards.
Co un ci l Member Brads ha w said that was a good tty. She as ked Mr. Garren 1fhe \\allied 10 do JI agam .
Coun ci l :V!ember Wolosyn s uggested the y mi ght be ab le to a mend JI by saymg omethmg like "we replace
this with that lan guage" and make it simple .
City Attorne y Brotzman said as lo ng as e,·erybod y understands what yo u are vo1 mg on.
Coun ci l :vtember Bradsha w said we are j ust losmg the second \\'hereas . Okay. she said . I get JI
:vta yo r Bums said yo u can strike every1hmg be low the 111lc .
Coun cil Member Bradsha w asked if everyone knows where we are .
:vta yo r Bums said 1 think you could strike everyt hmg below th e title . be ause it is the eco nd ordrnanc e 111
the pack et. And then. he said, yo u could again move the lan gua ge that yo u JUSt did a nd then yo u will be
oka y.
Coun c il Me mbe r Wolosyn said yes.
Counc il \1ember Garren said that in addition I shou ld Just say "slrlke -1 A-~ except as amended ... l s 1ha1
what yo u want me to sa y. he asked .
Cou ncil \!ember Yurc h1 c k said that works for me .
\1ayo r Bums said I think yo u can strike the Whereas cl au ses and everythmg below the tit le . All the
Where as clauses and evef)1 hmg in the ord inance as first wnnen and then su bsti tut e th e second version wnh
:\1 r. Garren · s amendments.
Ex ept. Council Member Garren said , the re yo u would ha ve to strike the third Whe reas and Secuon 2.
But . Cou ncil \1ember \Volos)11 said. yo u already said all tha t .
Council :\1ember Bra dshaw said as lo ng as e ,·erybody knows wha t we are voung on .
COU:"/ClL \1H1BER GARRETT \10VED, -~"D IT WAS SECON DED. TO STRJKE COC\'CIL
BILL '.\'O. 37 AS PASSED AND SUBSTITUTE CO~CIL BILL '.110. 37 AS A.'\1E'.\'DED I N O l'R
PACKET. EXCEPT STRIKING THE SECOND AND THIRD WHEREAS. ST RJKJ'.'I G SECTIO'.\' 2
A.'liD REN UMBERING ACCORDINGLY AND INSERTING THE STRJCKE'.\' LANG UAGE
UN DER 7-IA-4 IN SECTION 1, EXCEPT REPLACING THE WORD PRESE'.'ITLY WITH THE
WORDS "AS OF THE EFF[CT(V[ DA TE OF THE ORDINANCE ."
Mayor Bums said that works.
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Englewood City Council
October 15 , 200 I
Page 17
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Ma yo r Bums a ked 1fthe y \\ere ,·oting on the ounc,I bill as amended . Ci ty Anomey Brorzman explained
the y have to vote on the amendment fir t.
~layor Bums called for a ,·0 1e on the amendmenl.
Vore resu lts:
Ayes :
Nays :
Mouon camed .
Council :>.1embe r :S:abhol z . Garrell , Bradsha". Wolo )11.
Yurchick. Grazuhs. Bums
, ·one
!'-fayor Bums no1ed thal the amendment ,s adop1ed .
'.\ta yo r Bums c alled for a vo le on Coun cil B,ll :S:o . r a amended .
Vote res ult s:
A yes :
Nays:
Motion carried .
Council :>.1embers :S:abh olz. G arren. Bradshaw. \VoloS)ll.
Yurch1ck. Grazuh . Bum
None
Ma yor Bums noted the council bill I pas ed a amended .
Council Member Garrett said he wanted 10 thank Code Enforcement for their patience and hard \\Ork
Ma yo r Bums said we do appreciate tt .
Council Member Grazulis said she wanted 10 say ome 1hing 1ha1 she forgo! 10 say the first ume around . I
am 1otall y aware of the problems with the leash la" and the anack s on clu ldren and or posial ramers. she
sa td. and I'm not sure a leash law Mil lake care of that. Bui I do Imo" 1hat \\e ha,e a problem and "e al o
have a large problem wtth the barking dogs and that hou ld also be addre se d and can. at leas1. be enfor ed
at this ume with wha1 was passed. I j ust snll reiterate . he said, 1he fact that re s ponsible pe1 0\\11 e r "111
probably 1101 be commg m front of Jud ge Aten 10 . It will be the 1rrespo11S1ble pel owners and hopefull y tie}
\\'Ill get a breath of fresh a,r as IO how IO be more re po ns,b le pel owners . Be a use. she s lat ed. "c d o not
allow an y cruelty 10 animals .
Mayo r Bums s aid he would like to retterate wha1 '.\1 s . G razuhs aid previo us ly . that Coun c1l 1s very
interested in havmg a dog park , where yo u could run yo ur dog. and also m 1akmg advamagc of 1he offers o f
ass tstan ce wtth an educational program. Which. he said. l 1hmk will be a great help .
Co uncil Member G razulis commented 1ha1 we are on the c utting edge of 1ha1. In talking 10 other pe op le ,n
other communities. they think that this is a wonderful s1ep forward . And, he said. 1he y thmk. again . 1ha1
Englewood is leading the way .
Council Member Bradshaw said she would like to thank :Vlike Yurchick for all his work on 1h1s . ~Ir.
Yurcruck thanked her.
(c) Resolutions and Motions
There were no additional resolutions or motiollS submined for appro"al. (S ee Agenda Item IO -Co11Sent
Agenda.)
12 . Geaeral Dllcuuioa
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Englewood City Council
October 15 , 200 I
Page 18
(a) Mayor's Cho, e
(1) '.\fa yor Bums said he would hke to thank 8111 Vidal for corning do\\11 tomght on
behalf of DRCOG. He ,s really trymg to make some changes at DR COG. Mayor Bums said. and I trunk 1t
is a more dynamic organizanon under his leaderslup.
(ii ) Mayor Bums noted there was a sidewalk sale in the 3300 and 3400 blocks of
South Broadway on Sarurday. I talked to a lot of the merchants. he said. they did ge t so me additional
business from the sidewalk sale. but the weather was a linle breez y and chilly to stan with . Ma yor Bums
advised that they would like to ha\"e a banner over the middle of the street. Ci ty Manage r Sears told me. he
said, that the main reason they did not have one . 1s because the y did not ask for one . They thought ma ybe
the banners were for City maners onl y. But it is no t true . he said. and the y should have as ked fo r a banner.
But, he noted. the y generally had a good recepuon up and down the s treet. I was looking at my materia l
over the weekend. he said. and we do a lot of things with busme ss es and we have a lot o f different
programs in tlus City. that I don ·1 think we get credit fo r
Ma yo r Bums advised that. listed on the Agenda under Coun cil \<!ember 's C hoice . there are three
resolutio n . establishing salarie s for the Judge , City Manager and C tt y Anome y.
(b ) Council Member's Choice
COL'NCIL .\1EMBER BRADSHAW MOVED. AND IT WAS SECONDED TO APPROH:
AGENDA ITEMS 12 (b) (i). (ii) A.J"IID (iii).
(1) RESOLUTION ;'\O . 74 , SERIES OF 2001
A RESOL TIO ESTABLISHING THE ANNUAL SALARY FOR THE '.\1 l.i-:S I IPA L J l) E
(ii) RESOLUTION !'10 . 5, SERlE OF 2001
A RESOL TIO. ESTABLISHING THE ANNUAL SALARY FOR T HE C ITY ~1A:-.:A GE R
(iii) RESOLUTION '.'10 . 76 . SERlES OF 2001
A RESOL UTION ESTABLISHING THE ANNUAL SALA RY FOR THE !TY A TTOR.'\"EY
Vote results:
Motion carried.
A yes :
Nays :
Council Members Nabholz. Ganen. Brads haw. Wolo s>11 .
Yurchick. Grazulis. Bums
'.'lone
(1v) Council Member Garren:
I. He noted that the C alfmactune has been out at the gym for qune some time . It "a, gone a ~ouple
of weeks before the y shut do\\11, he said. and there was an eApectat1on from many people that tt would
rerum and It has not. He noted it is a machine that ,s used by a lot of semors, because tt ,s easy on the back .
1. He aid he wanted to compliment the City. because there was an amcle m the Post today about the
an that we have o utside . Council Member Wolosyn will go into more detail about the amcle. he sa id . but 11
wa s mce to see mformauon about the City's effons and how we arc a good model of how to bnng an 10
publi place .
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Englewood City Council
October 15. 2001
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(v) Council Member Bradshaw:
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I. She said, first of all. she wanted to thank whoever wrote the \\Onderful leners to the luldren at
Flood . That was excellent. she said.
City Manager Sears advised that Leigh Ann Hoff111nes wrote th e leners .
Ms . Bradshaw thanked M s. Hoflhines. Be ause , he said. that reall y addressed their need and I 1hmk th ey
felt that the y were heard .
2. She advised that s he had the opportunity to attend a PTSO meenng at herrel\·n b s1 \\eek . The\
are trying to redo their playgro und and wha1 the y have run into ,s iive la yer of asphalt In s tead ot"1ak1ng
asphalt ou t, they just kept putting it on top. putting 11 o n top and puning II on top. II ha s caused them to go
ove r budget. The y sold S~0.000 .00 wonh of pies at a fundraiser. she said . They are gomg to be eating pies
fo reve r. I am not s ugges ting we pi ck up the bill. s he sa id . or a n)~hing like that. She a sked Dire ctor Ros 1f
there was an yo ne who takes asphalt ou t o f place . I know the rotom,11 g uy doe that . she said. but tlus
wo uld ha ve to be done five times.
Director Ro ss said. basically, yo u are right. Yo u can contra ct II out to a ny co ntractor that is 111 the
demolition business . Council Member Bradsha w noted II ha s sto pped thei r progress on redomg the
playg round .
Co un cil Member Grazuli s stat ed that he had menti o ned this last ye ar. thi s very same iss ue regard111g the
asphalt removal. At that time . she said. I was wondering if we ever had any peo ple or trucks III the area
that could help . I d1dn ·1 get an~hmg, she said .
Co uncil Member Bradshaw co mmented tha 111 ha s son of brought eve r~hmg to a top there . he asked
Cn y Manager Sears if Director Ro ss ould go o ut and take a look at 11 . I know he wo rks for yo u. she said .
City Manager Sears sa id we will follow-up on that.
Council Member Bradshaw asked 1fthere is a nywa y. 1f we are going to be remo,·mg concrete, tha t we
could go by and tak e a swi pe at their asphalt . C n y Manager Sears said he doesn·1 kn ow wh y "e co uld,i"t
do that.
Co un cil Member Bradshaw advi sed that Vic ki e Mohr ,s the Pnnc ,pal and she , a neat lady .
Direc tor Ross advised that he v1s11ed with M s . Mohr las t ye ar about that. I Jus t mdicated that I ha,·e the
authority to direct peopl e to do work m the publi c n ght-of-way. he said. but I felt that she needed to ta lk to
the Ci ty Manager or Ci ry Council to authonze me to use manpower. rru c ks and equipment to do wo rk
oumde of the public nght-of-way .
Co un c il Member Bradshaw said somehow we need to son that ou t. City \fanager Sears commented that
we did the same type of thing w1th Charles Ha y. Our C nlities Deparrment helped Charle s Ha y put the
sewer line in. he said. We will do a follow-up w1th the sc hool dismct, he said . and se e what we ca n co me
up wi th. Mr. Sears noted that we are both publi c enuties . Co un ci l Member Grazuh said that wo uld be
exce llent .
Co unc il \1ember Bradshaw asked that we j ust take a look at It . Beca use . s he said. I think an y gro up that
ra ises that mu ch mone y ,s j ust mcredible.
Co uncil Member Bradsha\\ advis ed that the other thm g that came up I the iss ue of the "· taxmg s hool
fu nd rai s ing . So , she said, I went in and asked Sue Clark if she could ex rrapolate how mu c h mone y we
make off of schools with tax . Co uncil Member Grazul is sa,d that 1s a b ig iss ue . Coun ci l M e mb er
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October IS. 2001
Page 20
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Bradsha, said s he did not know" he1her Council sho uld re, 1s11 1ha1 or 1101. but 11 1s ome1 hmg for the
Council 10 1hmk about
Council Member Yurch1 k asked Director Gryglew1cz \\h y they are taxed . I thought the y were non-profit.
he said.
Council '.\lember Bradsha" not d that Council '.\1emb ers Yurch,ck and \\"olosy11 were not on ouncil when
this came up .
Director Gryglewicz explained that the reason they are taxed is because the y actually don ·1 pay the tax .
They collect the tax from the end user and remit it to us and we pay them a fee to do 1ha1.
Council Member Bradshaw asked :'vlr. Gryglew,cz to say that again.
Director Gryglewicz advised that the y onl y act as the collector of1he tax and then the y remit 11 to the 11 )
and the Ciry actually pa ys them a fee 10 collect that tax .
Mayor Bums said the issue was whether that would dmumsh the net amoum they wou ld get from their
sales.
Director Gryglewicz said the way i11s done now 1 1ha1 the tax s hould be mcorpora1ed m the pnce of " hat
the y are selling . So it wouldn ·1 h3\'e any 1mpa 1 on them at all They couldn ·1 keep those taxes . Those
taxes are paid by the end user and renuned 10 the 11,
'.\1a yor Burns said he 1ho ugh1 1he 1 sue wa s the pnce. that 1he ) had 10 ra,se 1he pnce to cover the iaxe,
Coun ci l Member Wolosyn noted that ,s the same 1ssu 1ha1 other organtt.a 11011s m the C ll ) have abo u11a ~es .
Counc il '.\,!ember Yurchick said 1f1he y ell a SI O 00 pie . then the ) need 10 be c hargmg SI 0 .-3 fo r that pie
Director Gryglew1cz aid 1f1t \\ere a pie for them to take home. the ) \\OUldn "1 pay an y tax be ause 111 s 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 ·1 taxed . He pom1ed out 1ha1 1f yo u don ·1
charge the tax. then what you do 1s you put your busmesses m Englewood and every-.,here else. at a
d isadvantage , because suddenly yo u are providing, basically. a subsidy.
City Manager Sears said that basically what they are se ll in g 1s a tangib le product . They are se lling a
produ t and a pornon of the money is donated back to the hanty. But 1t 1s snll a product and that 1s "hy
we run mto problems when we try to differennate between what they do versus what the retailers does .
Council Member Yurch1ck noted that it sounds hke the problem ,s that the y are not chargm g the tax . the y
are JUS I chargmg the SIO 00 for the pie and they are not collecung the 3 cents so they ha-·e to pay the -3
cents out of the S 10 00.
Coun 11 '.\!ember Garrett a,d when we did this a fe" ) ears ago we prepared a memo that on of "alked
through this.
C,ry Manager ears adnsed we will JUSt end that back out .
Coun 11 Member Bradshaw said maybe we could resurrect that memo .
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Eng lewood City Council
October 15. 200 I
Page 21
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Co un cil .\II ember Garre n noted the memo had some of the background .
Council \.!ember \Volo yn commented that this al o came up at that co nference last week . he asked 1f
kids are malang so methin g. that they are charging eac h oth e r 50 ce nt s fo r at a cam1rn L 1f1 hey ha\e 10 do
this also . D1rector Grygle" 1c z sa,d no. n 1s JUSI fo r goods that would be sold under the Cny ode that
would be taxed.
Council !\!ember WoloS)~' ugge sted that maybe he could cl ari fy that in that document also. Becau e I
tlunk a lot of the teac her ha \'C that issue. he aid. and the) wou ld unders tan d ,fn \\JS d1fferenua1ed th 1
way .
Council :vlember Bradsha" sa,d n I JU I really confu mg.
City ~1ana ger Sears agreed that the y j ust do not under rand .
o. Coun cil :vi ember Yurch1 ck said. there is no sales ta x on food sales. Dtrec to r G~ glew1cz adnsed that
food that I consumed o n prenuses would be c harged tax .
oun c,I Member Yurch1ck said 1f l go 10 the Sinclair Stau on and bu y a bag ofch 1ps. 1 that n I taxable ?
Director Gryglew1cz sai d there is no tax on that. He adv ised that food for home consumpuon ,, not 1a,ed
C ny ~1ana ger Sears sa id we will send that memo out.
3. ~1 s . Bradshaw advised that we are ha ving a lmle problem \\1th th e parkmg at Cuslung Park agam
h 1s not JUS t C u hing Park. she said . the y are also parkmg on Eastman. so pe ople can ·1 get mto the pa rk .
They are usmg all the s pa ces at C ushm g Park and then the y are parkmg on Eastman and then they are go mg
do,rn the s treets . l hadn 't heard from people for a while . s he sai d, so l decided 10 walk that block and I
heard qwte a b n a bout it. Ba sicall y. she said. Eastman has turne d mto what "e see on Oxford .
~·la)Or Bums sa id he was do" n at RTD Thur day mght fo r a local government presentauon and al
~!Jrsella ga,e lus pl! h agam on FasTra ks . h wa artuall y pretty we ll done. because "e got to pcud
ome nme on 11. gam I go t to talk 10 lum. ~1a yo r Bums said . abo ut this idea of carpoolmg or whate, er to
the hght ratl tauon and what an we do to try 10 a ll eviate the number of cars . l thmk there are a number of
thmgs that c an be done. he sa,d. but we need to get more m sync wnh them about how to effe tuate that.
Council :-.1e mber Bradsha" stated th at the neighbors are u pset again and l do n 't blame them.
:-.1ayor Burn aid l don ·1 blame them either
Council M e mber Garren sa id ,fl were RTD one of my arguments would be that once l extend the hne
down 10 H ighlands Ranch. which rs their goal. that that will reheve so me of the parlang pres ureas you
come north . But. he said. l have a feeltng "e ha,e a lo t of people co nung easv"est to atch the hght rail.
It see ms like. he said, that we need some land of evidence that it ts an easttwest problem more than
nonh, south.
Mayor Bwns said I asked him how full the buses are that come m under the bndge and he sa id the ones that
come m from the cast have more ndcrslup than those conung from the we st. That makes some sen e
because the west is not as densel y populated . But sull the y are very bus y conung m and out of there . He
pointed out that we had 300 buses a da y before we even had hght rat I conung m and out of the Cny I soil
thinlc there arc a variety of thmgs that can be tried. he said. even a TMO for tlus comdor. "h1ch "e have
never had. Mayor Bwns stated RTD helps to fund those . l was told the y fund the T MO's at S20.00 .00
apiece nght now, he said. and the y dovetail their serv ices to get people to buses, park ·n ndes and hgh t rail
stauons.
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Englewood City Council
Ortober 15. 200 I
Page 22
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Co un 11 '.\!ember Bradsha" said l tlunk we need to look at enforcement o n Ea tman. pamcularl y 1f1 he lo t
ts full and the one at Cuslung 1s full. be ause then the ) are parkrng straight 00\\11 Eastman.
tt y Manager ears sa id on Eas tman n 1s a pu b !t n gh -of-way so "e don·t ha-·e It ttme marked. o \\e ma)
need to put s igns up that \\OUld set a ume . He asked Director Ross tfthat "as nght.
Dire ctor Ro s stated that I correct. Eastman I ba ,call) side lots . It 1s not eve n tn from of peopte ·s
hou es . o a far as o ur li st of pnorme m e, en cons1denng signs. Easnnan was not really e,·en on the radar
screen before to night.
Ma yo r Bums said he thought the north pan of Eastman 1s the park uselfunttl you get to the com er.
Director Ross said that 1s correct.
Ma yo r Bums aid 1 have been down there too when the y parked on Eastman and I was watching to see
where the y turned the comer to park m front of a ho use . The couple o f times 1 was there the y were not
parkmg m fro nt of the hou se . they "ere on Eastman. But the y we re not parkrng m front of the ho use s. he
aid. and a good pan of Eastman 1s the actual park 1ts:lf. l don ·1 know whether we co uld po t that. he sa id .
ny !vlanager ears noted that tf we post Eastman. "e ne ed 10 take a look at 11. becau ewe ma y for e
people to park m the neighborhood. So that. he said. ts a rradeofT
o unc tl :>.!ember Bradshaw said I still thmk that we need to work fo r resoluuon "nh that nei ghborhood.
becau se the y have been awfull y patient.
Cuy Manager Sears agreed that we do .
Ma yo r Bums asked what the y are complaining of. tf the car are not m from of the tr hou se
Co uncil ;\1ember Bradshaw aid they are complammg of the fa t that yo u can ·1 get to the park. that there 1>
no place to park at the park .
Ma yo r Bums said okay. l see wha t yo u are sa ying .
(n) Council Member Grazulis:
I . She thanked Da,·e Lee for the dog park memorandum that he put together. He did a lot o f \\Ork on
thi s. he s aid . m compiling the mforrnatton . '.\1s . G razuhs s aid she would like to work wnh him. be ause
there arc a few things that s hould not be included. s uc h as the statemen t that balls and Fri sbees wo uld not
be allowed. That is o ne o f the purposes of a dog park. she stressed. He also menuoned something about
small children. he asked what they mean. exactly, about not being allowed at the park . The Ci ty of
~I dt on had a real mce le aflet. that '.\1r. Lee made a opy of. about this being an evolving program. he
tell tt \\JS m e that th tS "as pen-ended. because. when the y come across a program or a problem. the ) can
address u The dog park iss ue ts something that we reall y do need 10 look mto. she o pined . he said she
wa not ure how n "as gomg to come out. whether we take ne\\ land or u e existing park and do different
hours , but so metbmg should be mittated for the cmzens who want something hke that.
Coun 11 '.\1ember Garrett said that 1s go mg to be taken up by Parks and Re re ano n . He said he sp o ke
bnetly "1th Dire ctor Black las t week a bout this very iss ue . Altho ugh I was not able to make the meet mg
last "eek. he said. one spot that was disc ussed was the area nonh of the new ba ll field . It 1s o ut of the wa y.
has plcnry of parkmg, It has uuliues. and the re ,s a n ve r o n one si de and a lak e o n th< other We do not
have the monc) to develop that sp ot on the landfill anyway o, we are looking at thmgs, he said .
Co un 11 :>.!ember Br dshaw s aid that \\Ould be perfe t .
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Englewood City Council
October 15 . 2001
Page 23
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Co uncil 1'-lember Grazuhs said tha1 sounds ,·er) good.
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2 . he said a cons 111uent c alled her regarding Be Ilene". She said she realize 1hat belongs to C D01
between Broadway and Logan. The caller said somethmg about the south side and he told !um he
tho ugh, 11 "as C DOT"s Yo u -nnot \\alk o n 1t. lei alone ever try 10 nde o n 11. and 11 ha al"a ), been f1lkd
wnh weeds and gra-el. That sho uld be addres ed. he aid. becau se e,eryone thinks 11 1s Engle\\ood 1ha1 1
not mainta1rung that TI1e caller sa id. o n the nonh s ide . you annot walk o r nde J b1cy le . either. as n "J
mess also. so he wo uld hke for us to loo k into tha1.
3. She adnsed that there are a couple of ne" bu me ses on o uth Bro ad "ay. On 1he corner 0 1
~1ansfield and Broadway. 11 u ed to be the '.\1ar ch Hare. and no" II 1s .:ailed the G eek tore It 1s a
comp uter store . s he advised. and they do a lot of recond111onmg . Also. the anuago Restaurant ha, !inJl!y
opened, after gomg through a 101 of hoo p to get there.
(vn ) Cour.c1l '.\!embe r Yur h1 k
I. Regard mg the re spo n se he re cel\ ed from the Building Dep nment J bou1 1heir ,i f\ ey . \ Ir
Yur ch1 k asked that the man~r be hedukd fo, J d y $e,s1on J,;enda 10 talk about II a h tt k more 1111,
was not the respo ns e I "a look mg for. he ,aid
Direc tor Olson asked '.\Ir Yur lu k "hat he \\J .ookmg 1ur. beca e they \\ere not re al ure
\1r. Yurch1ck said he asked them to loo · at 1mpkmenung a more fo mul plan. omething the y could
computerize and we co uld track 11 o n an annual bas,
\Ir. O lso n said that ts what they ,re gomg to d o l11e rro !em has been that "e are not gemn~ the
respo nses back. bu t they are gomg to o mputenze "h t they h , e in
\1r Yurch, k said the form he sa" did not loo· h l.e 11 \\OU J be ea y to ·omputenZ< It loo ed h i-.e th,•y
ne eded 10 o me up wah some thmg a lo ng the h nes 0 1 he c111zen ,ul"' e, "here the ~ rnuld rJte II on
nu mber system and quanti fy the data.
\I r 01 on said they were going to quant1t") 11 al a. o unc1 l \\tll be 1ecel\U1g a 1110 111 ~ 1eron. he .i ,.h1,ed.
based on what we get ba k . We are di appointed \\Ith the re ponse that \\Care gening a k.. bu t 11 "'II be
computemed to the extent that "e c an.
\I r. Yurch1c k said he 1s not rea lly look.mg for a monthl y repo n . but omething ann all)
Counc1l :vlember Bradshaw said quanerly o r annuall y
\1r. Olson said 111s up 10 Council what the) "ould hke He ,aid he told ,tJ1fto put 10gether J monthly
repon. but 1f Council prefers something less frequent. that ,s fine
Council :vtember B radsha" asked '.\tr. Yurchtck "hat the y need to assess.
~r. Yurchick said he would tell them where he was coming from. The iss ue that has come up o n the AC
conurunee is that people are not totally sansfied with the service they are 0 enmg from the Building
Department. and he wanted to quantify that through, possibly , a one-ume sul"\·ey hke "e d id" nh the
1tizeo s urvey. He said he wants to put it on a Study Session agenda and talk about 11 a hn le more .
City Manager Sears said he would do that . Mr. Yurchick repeated that he 1s not lookin g for a monthly
rcpon . Mr . Sears said we will pul ii on an agenda, and we are meetmg now \\Ith the 111 zen s ul"\e y people
to talk about a business survey, and we can bnog them in to come up wnh some alternauves .
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Englewood C it~' Council
Oc tober 15. 2001
Page 24
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Mr. Yurch,ck said ACE is also looking at some krnd of a s urvey. and he will a k them on Wednesda y if
the y want to do somethmg. !\layb e Council should look at having the two work together. he sugge sted .
City Manager Sears said o ka y. we will bring It back to Council
2. He thanked Director Gryglewicz for informmg him that there 1s no s ale tax on food For , ears.
he said. I ha,·e argued wnh the Smclair stan on o n Hampden that the y should not be taxing me on m) food
Their response is that the Director of Finance told them to go ahead and do It '.\1r. Yurclmk aid he had
two quesuons. He asked how he could get a rebate. and . also. he wanted to know whether inclair 1
collec ung the taxes , and then filling out the form. showmg n as food and not paymg the taxe s .
Director Gryglewicz said he would look into that. '.\1r. Yurchick sai d they have always done 1t and he ha
argued with them about it for eight years . He said his co ncern it that the y are collecung It and when the y
file their tax return they show it as a food item and then the y don ·1 pay the tax thev have co lletted and the:,
are puning that money in their pocket.
City Manager Sears said that is why we do periodic audits . \\"e do rand om audit of the different
businesses . Mr. Yurclu ck said 1t might not necessarily show up in the audit. Their ca s h regi ster tape nu ght
show it as a food ale. which "ould tie out to their tax form . They sold X amount of dollar m food. bm 3re
the y showmg the y collected the tax o n It. too .
Mr. Sears a,d they should, and 1fthey don 't. then the y need to do an esumate of"hat the tax "ould be .
and that 1s "hat the y would owe us .
Council '.\1ember Yurclu k said he wants them to stop taxmg lum on food .
(v u,) oun ii Member Wo lo yn :
I. he said he "as not here last week because she anended the federal gowmrnent · ommum
Leammg Center ram onfe ren e They explained. to those re ce iv ing the grant . the bes "a, of
1mplementmg them. The federal government issues these Commumty Leammg Center G rant m o rder to
help chool d1smcts turn their buildings ,mo community centers after hours. s he explained. The true pmt
of the grants ,-to go beyond the idea of a da yc are to an actual communit y enter. fa·en though En •Ir" ood
chool are begmnmg by takmg two of o ur Englewood school . Charle Ha y and '.\hddox. and puning m
enn hment and daycare c enters after hours. the long term plan is reall y much more complex than that. It
involves adult learnin g, and they have all sorts of things on their \\'!Sh llSl. she aid he said II was a
complex workshop and . really, the best conference she has anended smce s he has been o n Coun ,I The
wa y the y did II was so producuve. and she learned a lot. she stressed. ~s W o losyn ad, ,sed that he "·ould
wnte a srrtall repon and then refer back to rwo years ago when she he lped them "TIie the first grant. The~
put the thmgs, they would assist them "'~th, ma lener. She said she was not m o n the second grant. but she
woul d hke to go back and get the lener fo r the first grant and re,·1s11 the whol e thmg, and ee ho" we can
co nmbute . A commun11 y leammg center means more than the d1stnc1 . she sa id . 11 also means the C 11 y.
There are pretty nunor thin gs we could do 10 maxinuze their ,mpa t m the o mmumty, she aid .
2. She said '.\1ary Douna y told her that a date has been set for the chooL Cay meenng .
City '.\1anager Sears said II would be October 23 ••. He recogruzed that II would not work for some of
Counc1l , but he said he was aware that she was in contact with Council Ylembers Wolosyn. :S:abholz and
Grazulis . He said he could not remember what time that would be. but he would let them know. 11
Council members are welcome 10 anend, be said . He felt II was m the eveni n g at six o ·clock.
Council Member Wolosyn commented that '.\Is . Douna y hked the fact tha t o rrtan y oun cil members
attended the la t meeung.
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E nglewood C ity C ouncil
O ciober 15 . 2001
P age 25
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She ,aid ,he ha been gomg to all the parade meetmgs m the la t fe" months. and "as ta! 111,; :u
,tJtfabuut \\hat an amazmgJob Colleen Burke does \'ery year he has done ll for three )eJrs Jnd thh
)ear w:is especially tough . because there was all the OntTO\'ersy at the begmmng about "here 11 \\J go111!,!
to ,.:o. and here ha\'e been ,s ues. as you see with one of the lener 111 our pac ·et. he gets that duect1'. nut
tU>t ma leue!. so \\e "ere thrnkmg ll would be ntce to gl\·e her some son otmbute, m;i )b< Jt the
O\'ember :· meetmg '.\1s . Wolosyn aid she would hke ll to be. not J plaque. ut some ,on <ll _;111 ',h,·
said Conunurn a11on pec1ahst Hoffhmes had told her staff could \\Or something up II Counc1l Jfreed
Coun,11 \kmher Bradshaw felt that \\O uld be ,ery appropriate.
13 it) \tanage r's Report
ta I C11. \lanager ears thanked Council tor their suppon for hun .rnd 101 tat I I k ,Ji-me,
would conunue tO \\Ork at eammg tha t trust.
fb> Ctt: \1JnJger ... ear:, ad\·tst'd that the ::,,Jcr3memo LhJmber t)l l orrJ11c"fl..:~ ,,ou!J ['It', 'h'
th1 Thur da) artemoon He ,aid !l "ould e ~reat ,f '.lla,or 8 ms .;ould ,tlme I he) •u,t ,ont,rmell tllJl
sewnt) or eight, people "ould he here to loo · at our operanon and ou1 "hole< !l)! enter
\layo1 Bums asl..ed ·.,hat 1me !l would be \lr . ears ,aid the. ha,e llllt JctuJlh ,et the wne. hut the·. Jre
gomg to be on the hgh rail and come do"n he e bet\\an nne JnJ :our \lock m the Jlt<rnoon
1cJ ( ,ty \IJna~er ear renunded Council 1hJt there "ere no ( o nCJI meetmgs scheduled IOI
the ne,1 t\\O \Ion.Jay rnghts llte ne,1 meeung \\ 11! he the 1egu!J1 ,e, 1011 the iirst mee1111g 111 ,o,ember
he added
14 . C it) . .\ttornc~ 's Rep o rt
IJJ II) Attome) Brotzrn.m present d a recommendJtJon to 10m <he lngle"ooJ
Ell\1ronmem I Foundation. rrammell ro" nd \!Iller \\emgane Realt, in iihng ,mt agam,t the Uradle )
'ef\1ce Stauon. et al . to ,1 pell\ 1ronmenta ha7 rds tram m,gratmg onto the l HyCenter propem anJ 111
reco,er d nuges lo1 en, 1rorunental contanunauon ca sed b-. Bradle-.. et al . J, \\ell JS for remed1atam Jlld
pre, entail\ e step taken
Council '.\!ember Bradsha" as ·ed 1ithese lees \\Ould be spill 1our "a" \1r Brotzman -:ud they \\Ould he
dl\1ded up. but they ha\'e no "or ·ed out the fee agreement \\Ith Trammell (ro\\ and \11ller \\'emg nen
Ob\Jously. the Cit) and the Foundauon can come to n agreement. he said The other 1"0 are gomg to be
more d1fticult . \\'e will probably do that on l pro-rated basis on ho" much each one has to reco,er
Counc1l \I ember Yurch1ck asked 1f \Ir Brotzm;in had spo ken to Trammell C ro" and \II !er to see 11 the ,
,\ere interested m pani 1paung '.11r Brotzman said he spo ·e to them bneth to see 11 they ,ere mtere,teJ .
b t .,e ha,·e not negouated he 1ee agreement yet. but. yes. the; are interested m mo,mg ton,ard
O l :-.C IL \IDIBER GARRETT \10\'ED. _.\,'l;D IT\\ . .\ SE O'.\'DED. ro ..\PPRO\ E ·1 HI:.
ITY OF E 'l;GLEWOOD JOINl.'.\'G THE ENGLEWOOD ENVIRON'.\IENT AL For:-. DATIO.,.
TR..\ . .\l'.\IELL C ROW ..\ND '.\IILLER/WEINGARTEN REALTY·~ FILl'."G err ..\G . .\J'.\'ST T H E
BR..\.DLEY ER VICE TA TION . ET AL. TO STO P ENVIRONMENTAL HAZARDS FRO'.\!
\llGRA T ING ONTO THE CITYCE~TER PROPERTY AND TO RECO\'ER DA'.\IAG ES FOR
E;\\ IRO'."'.\LENTAL CONTAMINATION CAUSED BY BRADLEY . ET AL. AS WELL A FOR
R£.\IE DL\TJON AND PREVENTATIVE STEPS TAKEN.
A yes:
, ays:
\louon earned.
Council Members Nabbolz. Garren, Bradsha\\. Wolo yn.
Y un:hick, Grazulis. Bwns
None
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Englewood City Council
October 1 S. 2001
Page 26
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(b) City Attorney Brotzman presented a recommendation to approve the se ttlement proposal
in Jerry Scott Nestler and Pamela J . Devon vs . City of Englewood, Wallace Lukowski. Susan Lukowslo. e t
al.· Arapahoe County District Court Case No. 99CV1984. Tlus is a right ,of-way ca e fo r the 1ty Du ch.
be advised. which came up because their legal description differs from the C1t)'S n ght-of-way de npt1on .
We have put up a fence and we arc calling a truce . not onl y between us, but bef\\een the Sestlers and their
neighbors as well, So, he said, he felt everything should se ttle down m that neighborhood.
COUNCIL MEMBER BRADSHAW MOVED, A.ND IT WAS SECONDED. TO APPRO\'E THE
SETTLEMENT PROPOSAL IN JERRY SCOTT ;'IIESTLER A.'ID PA.\IELA J. DEVON VS. CITY
OF ENGLEWOOD, WALLACE LUKOWSKI, SUSAJ'i LUKOWSKI. ET AL.· ARAPAHOE
COUNTY DISTRICT COURT CASE NO. 99CV1984.
Ayes:
Nays :
Motion carried
15 . Adjournment
Council Members abholz, Garrett , Bradshaw. Wolos~11 .
Yurchick. Grazulis , Bums
None
RNS MOVED TO ADJOURN . The meeting adjourned at 9:55 p .m.
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PLEASE PRINT
NAME
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PUBLIC COMMENT ROSTER
AGENDA ITEM 7
u111a1n1 er n11ra•
DATE: November 5, 2001
UNSCHEDULED VISITORS MAY SPEAK
FOR A MAXIMUM OF FIVE MINUTES
ADDRESS
4
TOPIC
I r r,
> ,;:..:: V I
0 I ~ I lu.o(,.JJ ~ 38 I.O S". ~~~ ... ev,. l(d.J., ,~ / J.., 7 t-·.1
~~ t:d L/3$.a ~ -4?f ~
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PROCLAMATION
~IJ'
WHEREAS , Colleen Burke has served as President of the Englewood Parade
Association for the !3~t three years, and she assisted with the parade prior to that; and
WHEREAS , ~~ has devoted countless hours, da ys, and months to organizing
the parade, working with local businesses, City staff, and other community volunteers to
garner support and ~~e guidance; and
WHEREAS, ~Ileen has been involved in every stage of parade planning. from
recruiting volunteers to developing a new parade route, working to make sure every
problem is anlidpated and every base is covered; and
WHEREAS, it is rare to see a community volunteer so dedicated to an event -
Colleen's commitment to the Englewood Holiday Parade is an example of true communit\
spirit and pride;
NOW, THEREFORE, we, the City Council of the City of Englewood , Colorado,
hereby declare : F
Our heartfelt gratitude to ~olleen Burke for your efforts and commitment in organizing the
Englewood Holiday Parade. Your dedication to this annual community event is admirable,
and we thank you for your significant contribution towards the community of Englewood
and this very special community tradition .
ADOPTED A D APPROVED this s'h da y of N ovember, 2001.
Thomas J. Burns, Mayor Douglas Garrett, Council Member
Beverly J. Bradshaw, Mayor Pro Tern Julie A . Grazulis , Council Member
Ann N abholz, Council Member
Michael Yurchick . Council Member
Olga Wolosyn, Council Member
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P R O C L A :\I A T I O N
WHEREAS , Richard Burton is a native of the City of Englewood. Colorado and has been
a City e m p loyee fo r 16 yea r s a t t he Li ttleton/Englewood Bi-Cit y Waste wa t er Treatm e n t
Plant; and
WHEREAS . m 19i 0 Ric h a rd became involve d m r acin g, incl uding r acin g fig ure S's. s upe r
stocks and NASCAR late model in which he has won se veral championships ; a nd
WHEREAS , aft er a se riou s a utomobile acci d e nt . Ric h a rd 's passion became !u s des tre o
save lives by working in traffic safety; and
WHEREAS , in 199i Ric hard was asked t o e ndor se a nd pr om ote a t r affi c ca lming effort
entitled "Englewood Neighborhood Watch Speed Pledge Program·· and he spends m a n y
vo luntee r hours prom otmg safe . co urteous d.ri vm g in t he City of E ngl ewood : a n d
WHEREAS. in 1998 Richard presented "Englewoo d Nei ghborhood Wat ch Speed P le d ge
Program·· t o the 19 9 8 co nfe r e n ce t o La w Enfor ce men t Rep r e entatives acr oss t he S ta t e of
Colorado; and
WHEREAS . Richa r d al so spe nd s ma ny vo luntee r hours pr omoting tra ffi c safety a t t he
"Englewood's Funfest and Olde Tyme Fau;•, Craig Hosp ital. ca r s how fund r aiser s a nd a t
Englewood businesses and elementar y sch oo ls ; a nd
WHEREAS , Richard joined forces with the Colorado State Patrol, Na tion al Highwa y
Trans po rtation Safety Ad mmistr a tion. Co lora d o De partme n t of T ran s porta ti on o p r o mote
traffic safety and has been involved in the "Buckle Up Like A Pro·· promotion at t h e Color ado
N a t io n al Spe edway : a nd
WHEREAS , the Colorado State Patrol was impressed with Richard a nd !us co mmitm e n t
t o t r affi c s a fety and began using his picture on pos ter s pr omotmg t he Colo rad o State P a trol's
"Arnve Alive @ 25" program; and
NOW THEREFO RE , I, Thom as J . Burns , :'vta yo r of the 1ty of E ngl ewoo d . Co lorad o.
hereby commend Richard Burton for devoting !us t i me and !us outstanding a bility in the
prom ot ion of s afety to the community of Engle woo d . Color a do a n d wi s h t o express
appreciation on behalf of myself and the citizens of Englewood . I hereby proclaim that by
!us action s . Ri chard Burt o n h a s dis t inguis hed lums elf a a n outs t a nding me m ber of the
Englewood community.
ADOPTED AND APPROVED this 5th d ay of ::-;ove m be r . 2001.
Thomas J . Burns. Mayor
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ORDINANCE :--10 .
SERIES OF 2001
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BY ACTHOR ITY
A BILL FOR
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COUNCIL BILL NO . 6!'j
INTR O DC CED BY COU NC TL
MEiIDER ______ _
AN ORD!NA'.'J CE Al_;THORlZJ;-..;G THE CfTY OF ENGLEWOOD . CO LORADO TO
ENTER INTO TWO EASE:\1ENT AGREEi\lENTS FOR WATER PIPELINE
EASEMENT AND THE ACCEPTANCE OF A Q UIT CLAJ:vt DEED TER:\llNATl'.'JG
AN EXISTJ:,.;G EASEMENT LO CATED AT ivl CLELI..A'J RE S ERVOIR .
WHEREAS . the "\\'ate r Lin e Easement" for a pproxi mate ly thirteen thou sa nd t wo
hundre d and Se\'e n ty e igh t -quare feet (13 ,278') a lon g the C ity property lo cated a t
McLellan Reserv01r will allow the co n structi on of a n ew wa t er line to Cente nm al P ump
Station by Centenni al Water a nd Sanita t 10 n Di s trtct by the City ; a nd
WHEREA , the "Quit Cla im Deed'' for a pproxi ma t ely twelve thousa n d eight
hundred quar feet (12 . 00') a long t h e City prope rty w111 m o\'e the ea se me nt tw e nty
feet (20') farther a wa , from the hore hne of McLell a n Rese rvoLr ; and
WHEREA . the ''Water hne Ea e men t" for ap proximately fo ur thou sa nd s ix
hundre d a nd three square feet (4.603') a lon g the City property for t he exte n 1011 of a
wate r line, wt!] a ll ow e nte nrual Water a nd Samta tion Di s tri ct to co nne ct to t h ne w
water line ; a nd
WH EREA , the Englewood Wate r a nd Sewer Boa rd r evi ewed a nd r eco mm e n d d
approval of th a se ment and the QUJt Claun Dee d at their Octobe r 9 . 2001
mee t i ng;
'.\'OW , THEREFORE . BE IT ORDA.l:\'ED BY THE !TY COC :\'CIL OF THE C ITY F
E'.'JGLEWOOD . OLORADO, AS FOLLOWS :
Section l. The "Wate r line Ease me nt'' a tta ched heret o a "Exh1b1t :\'', fr om the
City to Centennial Wate r a nd Samtatton Di stri ct 1 her e by accepted a nd appr ove d by
the Engle wood City Co uncil.
Sect10n 2. The "Qujt Clrum Dee d '' to the City of En glewood attached he r eto a s
"Exlubit B", fr om the Cente nnja] Water a nd Sanitation Di s trict is hereby accept d a nd
app roved by the Englewood City Co uncil.
Secuon 3. T h e "Water line Easem e nt" to Centennia l Water a nd Saru tatton D1 stnct
attached hereto as ''Exhibit C", from the City of Englew oo d is her eby accep t ed a nd
app roved by the Englewood City Council.
Sectjon 4. The Mayor is authori:r.ed to execute and t h e Ci t y Cle rk t o attest nd ,; al
the "Water line Easement" to C-entennial Water a nd Sanitatio n Dis trict fo r :w un
be half of the City of Englewood, Colorado.
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COUNCIL COMMUNICATION
Date Agenda Item
November 5, 2001 10 a i
STAFF SOURCE
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Subject
Tw o Easement Agreements and
Acceptance of a Quit Claim
D eed from Centennial \!\l at er &
Sani tati o n Distr ic t .
INITIATED BY
Utilities D epartmen t Stewart Fonda , Direct o r of U tiliti es
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Water and Sewer Board, at their October 9, 2001 meeting, recommended Coun ii app rO\ al by
ordinance of the two Grant of Easements and a Quit Claim Deed from Centennial Water and Sanita tion
District.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The two Grant of Easements will allow Centennial t o o nstru ct a new pipe parallel t o Englewood's e,isting
raw water lin e. The proposed ease ments wi ll all ow construc ti on oi a ra\, water line that will allow
Centenn ial t o pump m o re of their raw water allocati on into M Lellan . This will pro, ide a back-up li n e if
Englewood's lin e is disabled due to maintenance or breakage .
Th e proposed Q u it Claim D ee d t ransfers 12,800 sq uare fee t o r .294 acres will m o e th e easeme nt twe nt
(20') farther away from the shoreline o i M c lellan Rese rvoir.
The Englewood City A tto rn ey has re viewed and approved th e att ached docu m ents.
FINANCIAL IMPACT
one.
LIST OF ATTACHMENTS
Ordinance
Grant of Wa ter Line E.iseme nts and Q uit Claim D eed
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Sectjon 5. The City hereby accepts the" Quit Claim Deed " from the Centennial
Water and Sanitation District.
Sectjon 6 . The Mayor is authorized to execute and the City Clerk to attest and seal
the ''Water line Easement"" to Centennial Water and Sanitation District for an on
behalf of the City of Englewood , Colorado.
Introduced , read in full . and passed on first reading on the 5th day of l\ove mber,
2001.
Published as a Bill for an Ordinance on the 9"' day of November, 2001 .
Thomas J . Burns . Mayor
ATTEST :
Loucrishia A. Elli s, 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 . r ead
in full , and passed on first reading on the 5th day of November, 2001.
Loucnshia A. Elhs
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GRA'-iT OF E:\SE;,1E'JT
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EXHIBIT:\
THIS GR..\..'IT OF W.\TER LI~E EASEME~T. made this /.sray of ()'r_f~ ·L
-----~ 2001 by and between THE CITY OF E~GLEWOOD. the ·'Landowner",
whose address is 1000 Englewood Parkway, Englew ood. Colorado 80110: to CE::siTE::si~L.\L
WATER A'.',iD SA:-..1TATI0N DISTRICT, whose legal address is 62 West Plaza Dnve .
Highlands Ranch, Colorado 80126, (hereinafter referred to as "the Grantee").
The parties covenant and agree as follows :
l. Easement Propertv . The "Easement Property" shall mean the real property located in
the County of .~apahoe, State of Colorado. more particularly descnbed in .\ttac!unent
A . attached hereto consisting of 2 pages .
2. Consjderatjon . As onsideration fo r this Grant. Grantee has paid G r :rnco r the sue1 of
ten dollars (Sl0.00 ) and other good a nd valuable ~o nsiderat1on. the recei p t oi whi c:1 ,s
hereby acknowledged by Granter.
3 . Grant of W:1ter Lme Fasement . Granter hereby g-:ants :o Grantee , ns successo r s an
assigns, a perpetual. nonexc!usp:e ea,ement <the "Water Line Easeme:1t") O\'e r , un .:le r ,
across and through the Ease ment Property fo r the ;iurpose of co nstructing, operating.
maintaining, repairing, replacL'1g and removmg a "Water Line".
4. ~-Gr:intee shall ha"e the perpetual. nonexclusive right of i ngress an ' eg-:e ss ,n.
to . over, through and across the Easement Property for any purpose necessary or
desirable for the full enioyment of the rights gTanted to Grantee under tlus Gr::int.
5. Restoration . Grantee agrees that after the co nstruc:ion. m aintenance. repair.
replacement or enlargement. if any, for t he Water Line , Grantee shall restore the
surface of the Easement Pro pe:t:, a, near!:: as :easo nably possible to the gTa 'e an'
conditions it was in immediately prior to said construction. maintenance , rep air
replacement or enlargement. except as may be ne cessary to accommodate the Water
Line . Grantee agrees to resto re and repair any improvements of Granter on t he
Easement Property which are damaged. modified or altered by Grantee during said
construction. maintenance , repair , replacement or enlargement.
6 . \io lmprqvPments . Granter cove nants and ag-:ees not to construe:. er ec t . place or plan
any "lm;irov ements." as hereinafter denned . on the Ea,ement P~o per:y wnho t
obtaining :he pr:or written co nsent of Grantee. "Improvements· shall mea n any
structure or building or landscaping ot her than gras,. Grantee ,hall have :he r:ght to
rem ove . witl-.o ut any liability to Granter. any impro,·ements constructed. erected .
placed or planted o n the Easement Property without Grantee', :1avi.ng obtained the
pnor wr:tten _onsent of Granter.
Sub iac:r nt ·rnd L:nepl Suppor . Granter covenants and agrees that Grantee shall
have the right of subpcent and lateral ,upper: on the Ease:nent Property to whatever
extent is necessary o r desirable fo r the full. co mp lete :rn d undisturbed enJoyment of the
rights granted to Grantee under this Grant .
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8 . Rights of Granter . Grantor reserves the full right to the undisturbed ownership, use ,
and occupancy of the Easement Property insofar as said ownership, use , and
occupancy is consistent with and does not impair the rights granted to grantee in this
Grant.
9. Abandonment. In the event that Grantee shall abandon the rights granted to it under
this Grant. all right, title, and interest hereunder of Grantee shall cease and
terminate. and Gran tor shall hold Easement Property. free from the rights of the
Grantee and shall own all materials and structures of Grantee so abandoned,
provided that Grantee, shall have a reasonable period of time after said abandonment
in which to remove any or all Water Line and Appurtenances from the Easement
Property. If the easement is abandoned by Grantee . Granter shall have the right. at
this sole option. to require Grantee to remove or neutralize any improvements
constructed in the Easement by Grantee .
10 . Waqanty ofTjtle. Granter warrants and represents that Granter is the fee simple
owner of the Easement Property and that Granter has full nght . title and authority ;
that this Grant is effective to grant and convey to Grantee tlus Water Line Easement,
and that this Grant of an easement is superior to all ot he r gr:mcs.
11 . Bindjng Effect. This Grant shall ex t end to and be bmding up on the heirs , personal
representatives , successors and assigns of the respective parties hereto . The terms .
covenants. agreements and conditions in this Grant ,hall be construed as co venants
running with the land.
IN WITNESS WHEREOF , the parties hereto have executed tlus Grant of Water Line
Easement the day and year first above written.
L-\..'<"D OW~ER:
CITY OF E'.'/GLEWOOD
ATTEST :
Thomas J . Burns. ~Iayor
Loucnslua A. Ellis . City Clerk
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STATE OF COLORADO
COUNTY OP'-=~
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GRANTEE :
CENTE~NIAL WATER AND SANITATIOJl.i
DISTRICT
The foregoing ~ent was acknow~dged before Jl.le this /51 c!§y of 6 t.-/~it., ~ 2001 , by 'JQh,Y t(~ndnc.~ as t:7e,1era[//ltlf}ac;er 'Jf
Centennial Water and Sanitation District J
Witness my hand and official seal.
My Commissif'. expires:
'l·LS'·Q
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LEGAL DESC RIPTION
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UE/\IUNG NOi( I'll lllJ 'l 2'55" E/\S r.
Pennanenl Cons truction Casement
Ensor Raw Waler
Jut, No. 07H .079.02
J1111e 21, 2001 -gdc
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HO C KY MOU NTAIN CONSULTANT S , INC SI IIT I 2 Of-2 --'----'----'---'------'--'-----------------------
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QUITCLAIM DEED
THIS DEED, made tlus day of
between : CENTE:si'.'11.-\L WATER A.'ID SEWER DISTRICT
62 West Plaza Drive
H ighlands Ranch. Colorado 80126
of the County of Arapahoe and State oi Colorado. granter, and
THE CITY OF ENGLEWOOD , COLORADO
a Home Rule Murucipality
whose legal address is : 1000 Englewood Parkway
Englewood, Colorado 80ll0
of the County of Ar:ipahoe and State of Colorado. grantee .
Exhibit B
, 2001.
".\'lT:-,JESSETH , That the granter. for and m consideration oi the swn oi Ten and :S.01100 ---------
----·----------------------------------···--·----··-···-·-·· DOLL.\RS the receipt and suifiwency of wluch ts hereby
acknowledged. does release , con,·ey and QL'ITCLU:\1 unto the grantee(s J, its heirs. succes s or s and
assigns , forever , all the nght. mle . interest. claim and demand wluch the granter has m and o the
real property, together with improvements. easements. ngbts and pnvueges held or owned by the
Granter m the followmg described land . ii :m y. situate . lymg and bemg m the County of
Arapahoe and State of Colo rado. described m _.l,.ttachment A, attached hereto.
Said property contains 12 ,800 square feet or .294 acres m ore o r less .
TO HA 'v'"E • .i..:--."D TO HOLD the same , together with all and sing,.tlar appurtenances and
privileges thereunto belongmg and all the estate, right. title . interest and claim whatsoever. of the
grante r . eitht!r m law or equity , to the only proper use and bt!n efit of the grantee , its heirs and
assigns fore,·er .
I~ \\'IT~ESS \\'"HEREOF. The grante r has executed t h.is deed on the date set forth above .
CE:-,JTEN~L-U. W.\TER . .i....""D SA.."1ITATION DISTRICT
By:~~~
ska OF COLOR.:. )
{J' I\ M ~ j1 ) SS .
COL"NTY OF "tl"'"-1td(v ) J . ,
TheJ'9rego" inst5urri._e:1kwas acknowledged before :n e this /'{lay of Oc.feku
by ;.Joh N f: t1 Cl r tC of Centennial Water and Sewer District .
, 2001 ,
My commission expires: 9· /f -C /
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LEG AL DESC llll'TIUN
A 20 FOOT ST1UI' l1F I 1\N ll llEINI; /\BA NI J\ lNEIJ \VITIIIN l'/\1\C EL C 01' TII E
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( 'EN 1'1(/\1. 1\N< .I I' I JI · I S0 1h'I '" 1\N ll /\ l\,\llll IS \ IF 4'1111111 M ·.l ·.T wn II /\ l 'II( 11\11 11 1'1\lll N<,
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/\1.llN<,Tlll :Al\l'l ll ' A ,·111\VE 'l<l llll · I\II .III Zl h .4K l·l ·l :1' 11 /\V IN<, ll l'l ·N l lt/1 1 /\N<.1 1:
OF Zh0 l.1'24" /\Nil A 1\/\llll IS\ l F 470 011 Fl :ET W I 111 II< 'II\ 11\ll ll E/\I\I Nl, NcJ I\ 111 5 l "·l')'!K"
W EST 214 .57 l'l,ET, '1 II ENL'I : NUIUII IIU0 1Jl 'IO " Wl :ST lti'.1 .% M'.l,l"I U TIIE l'UI N I \IF
BL'lilNNINl.i .
TIIE ABOVE l'Al\CEL O F 1./\NIJ CUNT /I I NS l l.tilHI S QUAI\E l'EET UR U 29 •1 /\l'I\ES. ~ll 11\l i
Oil LESS.
UEAI\INGS AI\E 11/\SEII <JN TIIE W EST LINE Ill' TIIE SOU 1'111 :/\ST 1/4 UI' SA Ii/ S H ' l lUN J Z.
llE/\ltlNl.i NUI\TII 00°12'5\" EAST.
taeeaent to be Abendu11ed
Ensor llaw W alcr
Joh No. 07Jl .079.02
J1111c ll, 2001 -11Jc
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EXHIBIT
POIIH or
I CO MMENCEMEN 1
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R=4 50.00
Cit L•197 .5 1'
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L~157 .45 '
Cll•S6 2'1U'JO"E
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R•470.00
L•216.48'
CH•N5n9'28"W
CH L•214.57' t~ J
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ROCKY MOU NTAIN CO N SULTANI S , l~_IC_. __
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R•490.00'
L•IJ0.62'
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EXHIB1'1' C
GR,lyt OF E;\SE'.\fE'u
THIS GR..\...'lT OF WATER LINE EASE:VIB~T. made tlus J..:t y of ()e/~:.,
-----~ 2001 by and between THE CITY OF E:-.iGLEWOOD . t he .. Landowner··.
whose address is 1000 Englewood Parkway, Englewood. Colorado 80110 ; to CE~TE~:.1AL
WATER .LiD SA~TATION DISTRICT, whose leg:il address is 62 West P laza Drive,
Highlands Ranch. Colorado 80126, (hereinafter referred to as ·'the Grantee ...
The parties covenant and agree as follows :
l. Easement P;qpe,..,,. The "Water Line Easement Property" shall mean the real
property located in t he C.iunty of Arapahoe, State of Color:ido . more particularly
descr.bed in . .\ttachment . .\. attached hereto cons1stmg of 2 pages .
2 . C9ns1d 0 •3tjon. As ~ons11::erat1on :or t!us Grant. Grantee ha£ ;ia1d Grante r the ,um of
ten dollars (51 0 .0) and other good and valuable co nsideration. the receipt oi ·.vluc:. 1s
hereby ac!ci.owledged by Grantor.
3 . Grart nf 11V1te .. l1ue F'ac:e ~~;,,t. Gr:intor :le:-eby gr:i.nt.5 :o G:-:i:it ~e. its .:uccesso r s J.nd
assigns. a perpetual. nonexclusi ve water !.me Easeme:it (the ··Wa te r !...1:ie E ,1se =.~r::·1
over. under, across and through the Easement Property for the purp ose of co nsauc::ng,
operating, maintal.Dl!lg, repai.rmg, replac:ng and :emo,,r:g a .. Wac er Lme ...
4 . ~-Gr:mtee shall have the perpetual. nonexclusive right of :ngress and e1r.ess m.
to, over, through and across the Water Line Easement Property fo r any purpose
necessary or desirable for the full enjoyment of the rights granted to Grantee under
this Grant.
5 . Re•toratjon . Gr:mtee agrees that after the co nstruction. maintenance. repair.
replacement or enlargemer:t. 1f .lny , for the Water Lu:e . Grantee shill restore the
surface of the Water Line Easement Proper.:, as nearly as reasonably possible to the
grade and conditions it was m immediately pnor to ,aid construction . m3.intenance.
repair. replacement or enlargement. e:ccept as may be necessary to accommodate the
Water Li:ie . Grantee agrees to restore and repair any unprovements of Granter on
the Water Line Easement Property w!uch are damaged. modified or altered by
Grantee dunng said construction. m amtenar.ce. repair. rep lace!Il ent or enlargement .
6 .
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'lo Imppv0 me;1ts . Granter covenants and :igrees not to constr·.1c:. erec:. place or plan
any "Impr ove ments ." as hereinafter def:ned . on he ::asel:len: ?roper::,· without
obtammg :he ;ino r wntten co nsent of Grantee . "lmprove::i ent, · ,hall mean any
struc:ure or building ,i r landscaping other than grass . Grar:tee shall have the nght to
remov e . witho ut any liab,hty to Grantor. any llllprov ement, .:o nstruc:ed. erected.
p laced or planted on the Easement Property without Grantee ·, having obtained thi!
pnor written consent of Granter.
Syb1acent 10d I atenl Support. Granter covena nts and agrees that Grantee shall
have the nght of ,ubJ , ent and lateral .iupport on the Water Lme Easement Property
to whatever enent is r:ecess ar:: or desi.rabie for the fu ll. complete and undisturbed
enjoyment of the rights gr;1.nted to G rantee under clus Gr:mt .
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8. Rights ofGrantor . Granter reserves the full right to the undisturbed ownership , use.
and occupancy of the Water Line Easement Property insofar as said ownership , use ,
and occupancy is consistent with and does not impair the rights granted to grantee in
this Grant.
9 . Abandonment . In the event that Grantee shall abandon the rights granted to it under
this Grant, all right, title, and interest hereunder of Grantee shall cease a nd
terminate. and Granter shall hold Water Line Easement Property, free from the rights
of the Grantee and shall own all materials and structures of Grantee so abandoned,
provided that Grantee, shall have a reasonable period of time after said abandonment
in which to remove any or all Water Line and Appurtenances from the Water Line
Easement Property. If the Water Line Easement is abandoned by Grantee. Granter
shall have the right. at this sole option, to require Grantee to remove or neutralize any
improvements constructed in the Water Line Easement by Grantee.
10 . Warranty gfTjtle . Granter warrants and represents that Granter is t he fee simp le
owner of the Water Line Easement Property and that Grantor has full ri ght . title and
authority; that this Grant is effective to grant and convey to Grantee this Water Lllle
Easement, and t hat this Grant of a n Easement is ,uperior t o all ot he r grants .
11. Bjpdjng Effect;. Tlus Grant shall e:tt end to and be bin ding upon th e he irs , pe~s ona i
representative s . su ccessors and assigns of t he respective part:es he reto . The term,.
covenants . a greements and co nditions in this Grant shall be construed as co vena:i.t s
runmnr with the land .
[N WIT~SS WHEREOF. the parties hereto have e:tec uted this Gr ant of :1 W:iter L.ne
Easement the day and yea r fir s t above written.
I...A.\ID OW~R:
CI TY OF E~GLEWOO D
ATTEST :
Thomas J . Burns. :'.layer
Loucrishia A. Ellis . City Clerk
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GRANTEE :
CENTENNIAL WATER AND SA.'lITATIO N
DISTRICT
STATE OF C~.5: sa .
COUNTY OF.
The forel')lll( ~~eQ,t WU a,ckiiowledged before me this ;tJtday of oc.fdtt..
-2001, by...J~lfttndr,ck as §rnaa.T71!~er-of
C.?ntennial Water and Sanitation District
Witness my hand and official seal.
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LEGAL DESC1tll'TION
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A l'EllMANENT 40' CUNSTl\llt "1 lllN EASEMEN I' I.OC"ATEU IN TIIE SOIITIIEAST
()111\llTEll OF SEt Tll>N .1!. HJWNS IIII' 5 SOI ) 111. llt\Nrn , 6K WES I UF TIii' S IX 111
l'lllNC ll'AL MElllDlt\N Mlll\E l'Alffll"lJl.,\lll.Y I >ESClllllEll AS FOi.LOWS :
COMMENC IN O AT "l llE l "ENTEI( (ll' S AIi> sEn IUN 32; "IIIENCE sou 1"11 UO'l2'SS" EAST
21.15 l•EET TO Tl IE l'UIN r 01' llfaj lNNINl ;;
TIIENC E SOIJ 111 8'J'47'Ul"F1\S I" .11 Jl FEET, ·1111 ·N("I '. SI Ill I I I <1 5"1Hl'lttl" EAS I" S'l 911 l·EFT.
TIIENCE so11·11 I ml"IHl'l"I" \(, KK FEE l'"I r J ,, 1'1 llN I I lN "I I IE Nlllt"I 111'10 . V I .INF I IF l't\ Ill ·1 :1.
"A" t\ ("\Y&Sll l 'AS l •MENT lll'<lll(l lkll IN 11(1( >K 41 K. l't\l a• •11 l; 1111 •.NI "E A l I !Nl; S 1\II I
NORI IIElll.Y LINE OF l"\\1,1:,.Sll l'.I\Sl •.~ll ·N I" SOI 1111 411"5K'\ll" Wl ·S I \1, W HI·. I, 11 ll ·NI ·1-.
I.EA VIN(; St\111 ( :W,1:,.SI I l·.ASE~IEN I" NI 1111"11 IHl "llll 'OI)" 1',\S I hll .1>1 1'1·1· r : "1 IIFNI "F N< Ill 111
45'lHl'IHI" WEST 2<,.KI FFl :T : 1 IIFNl"I '. N\llrl 11 K11"•1"/'lll" WhS I" 14 .K•l l·E I, r. 1111 ,NI ENI JI( 111
IHI' I 2'S5" EAST 4UJHI l'EE I" HI "1 IIE l'OIN I" OF II EUINN INO .
TIIE ABOVE l'ARCEL OF LANI> CON l"AIN S 4,611 .1 SlJUAI\E FEET Oil 0 .1116 Al"ltES, MOllE O il
LESS.
HEARINGS ARE UASEI> ON TIIE WES I" LIN E OF ·111E SUUTIIEAS I" 114 Uf St\lll S EC I ION J2,
OllARING NORTII 00°12'5S" EAST.
Penaan•nt Conetructlon 1.aae .. nt
E'*1fRawWate,-
Job No . 07H.079.02
Ju11e 21, 2001 -1dc
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Cl /4 SE C 32 ~
15S. R68W
611 1 P .M.
EXHIBIT
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/ CUMMHICEMHIT
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sou·, 2·ss·w
21.15' ~ S89'4 7'01 "[
31.32'
P.0.B./
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14.84'
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r:, ..... nmJ v..nit• ,:;,,.. ,·n en, , ,
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ORDINA!'\CE KO .
SERIES OF 2001
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BY AUTHORITY
A BILL FOR
/Oi/1
COUNCIL BILL NO . i1
I'.\TTRODC CED BY CO L':'.',;CIL
MEMBER _______ _
AN ORDINANCE AUTHORIZING THE CITY OF E'.\T GLEW OOD . CO LORAD O T O
E'.'lTER INTO TWO LICENSE AGREEMENTS A 10 TWO TEl\IPORARY
CONSTRUCTION EASEMENTS LO CATED NEAR THE l:'JTER S E CTION O F SOCTH
SANTA FE A1'D DAD CLARK GUL CH IN ARAPAHOE CO C NTY . CO LO RAD O
BETWEEN CE'.'lTENNlAL WATERA.'.\TD S..\NlTATION DISTRI CT A:-.:D TH E ITY .
WHEREAS . the Ce ntennial Wate r a nd Sa ni tation Di str ict subm itted a L1 ce n ~e
Agr eeme nt a nd a Te mp orary Co ns truction Agree me n t to m stall a -I ·· ductile 1ron pipe
and a 72'' t eel casin g wi t run a nd across the Engle wood City Ditch R1ght-of-\\"ny
easeme nt ; a nd
WHER EAS , t hese pipes are fo r the Ce ntenmaJ r a w war.e r li ne fro m their new lak e
loca t ed by the So uth Platte Rive r , whi ch will be u sed to p um p r a w wate r t o l\lcLell a n
Reservo tr: a n d
WHEREAS , t he st ee l casi n g is to enca e the -I "pip e un de r Sa nta Fe Boul e,·ard.
the railroa d tracks and t he Engl e woo d C ity Ditch Right-of-Way easement: a n d
WHEREAS . the Temporary Co n s truction Agreem ent will en a bl e Ce n te nmal to u se
portion of the ity of Englewood's e a sem ent fo r the ir co nstructi on p urposes: a nd
WH E REAS , the Ce nte nni a l Wa t er a nd Sa ni ta t io n Dist r ict s ubmitte d a Li ce n s
Agree me nt a nd a Te mp or a ry Co ns truction Agr ee me n t to ms t a ll a 4 .. ductil e iron p i pe
t o be u sed a a n eme r ge ncy out let pipe wluch wil l be used t o r elea e wa t er back m t o
the South Pl a tte Riv er ; a nd
WHEREAS . a Temp or a r y Co n s tructio n Ease ment will en able Ce nte nn ia l to u se a
po rt ion of the Ci t y of En glewood easeme nt fo r t heir out let pipe co nstruct 10 n : a nd
WHEREAS , the Englewood Water a n d S we r Boa rd revi ewed a nd recomm e n d ed
a p p r ova l of t hese Il ee n es a nd ea·e me n t a t the ir Oct obe r 9 , 2001 meeting;
l\OW, THEREFORE. BE IT O RDAJ '.\TE D BY THE C ITY COUNCIL O F T HE C ITY OF
E NG LEWOOD , COL O R.AD O. A F OLLOWS :
Sec non 1. The "Li ce n se Agreem en t " a tt ached he r eto as "Exhi bit I ", fr om t he City
to Cente nnial Water and Sanitat10 n Di s trict i he r e by acce pted a n d ap proved by the
Englewood City Council .
Sectjon 2. The "Temporary Con truction E aseme nt" at tach ed her e to as "E xh 1b1t 2·· .
from the City of Englewood to the Cente nnial Wa t e r a nd Sanitati on D1 s m ct 1s h e r eby
accepted and approved by the Englewood City Co uncil.
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COUNCIL COMMUNICATION
Date Agenda Item
November 5, 2001 10 a ii
STAFF SOURCE
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Subject
Two License Agre e m e nts and
two Temporary C o nstruction
Easements from Centennial
Water & anitalion Distric t.
INmATED BY
Utilities Departmen t Stewart Fo nda, Direc t o r of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
one.
RECOMMENDED ACTION
The Water and Sewer Board, at their October 9, 2001 meeting, re comm ended Coun ii appro, al b,
ordinance of the two License Agre e ments and two Tempo ra ry Constructi o n A greem nts rom nt nn1al
Water and Sanitation District.
BACkGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Centennial Water and Sanitation District submitted two sets of license ag re ment ,~ 1th atta ch d
construction agreements. The first set consists of a license agreement and a constructio n agr eem nt t o
install a 48" ductile iron pipe and a 72" steel casing within and acro ss the Cit} Ditc h ri ht-O t· , a,. Thi 1s fo r
the Centennial raw water line from their new lake by the South Platte Ri v er, which \\ ill b e us ed t o pump
raw water to Mclellan Reservoir. The steel casing is to encase the 48 " pipe under Santa Fe Bl , d ., th e
railroad tracks and the City Ditc h easement. The constructi o n agreement will enabl e Ce ntennial to u e a
portion o f our easement for constructi o n purposes .
Th e sec o nd set is t o in tall a 4 8" ductile iron pipe to be us ed as an em rge n o utl et pipe ,, hi ch will b
us ed t o release water bac k in t o th e o uth Platte River. The constru ti o n agree m e nt \'viii e nable Cent ennial
to us e a p o rti o n of o ur easemen t to r o n !ruc ti o n purpo ses .
Th e Englewood City Atto rnev ha r e 1e, .. ed and apprO\ ed th e atta ched docum ents .
FINANCIAL IMPACT
None.
LIST OF ATIACHMENTS
Ordinan e
T , o Li en~e Agre ements and Temporary Construction Easements
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Section 3 . The "License Agreement" to Ce ntenni al Water a nd Sanitation Di stri ct
attached hereto as "Exhibit 3"', from the City of Englewood is her eby accepted a nd
approved by the Engle wood City Council.
Section 4. The ''Te mporary Construction Ease me nt'' attached hereto as ··E xhibit .f'.
from the City of Englewood to the Centennial Water and Sanitation District is her eb~·
accepted and approved by the Englewood City Council.
Sectjon 5. The Mayor is authorized to execute and the City Clerk to attest and seal
the ''License Agreement"' for the raw water line to Centennial Water and Sanitation
District for a n on behalf of the City of Englewood . Colorado.
Sectjon 6 . The Director of Utilities is authorized to execute the "Te mp orary
Construction E aseme nt' for the raw water line to Centennial Water and a mtation
D1stnct for an on behalf of the City of Englewood , Colorado.
Semon i . The Mayor is authorized to exec ute and t h e City Cle rk to attest a nd seal
the "L1cen_e Agreement'' fo r the outlet pipe to Centennial W ater a nd Sanitauon
District for an on behalf of the City of Engl ewood , Co lorado.
Sect10n 8. The Director of t.:tilities is authorized to e xe cute the ·'T emp orary
Construction Ea me n t" for the outl et pipe to e ntennial Water and Sarutation
District for an on behalf of the City of Englewoo d , Colorado.
Introduced , r ea d m full , and passed on first reading on the 5th day of November.
2001 .
Pub!J shed a a Bill for a n Ordinance on the 9'" day of >i ove mbe r . 2001.
Thoma s J . Burns , '.\1ay or
ATTEST.
Loucrishia A. Elli s, City Clerk
I , Loucrishia A. Ellis, City Clerk of the City of Englewood. Colorado, hereby ce rti fy
that the above and foregoing is a true copy of a Bill for a n Ordinance, introduced , r ead
in full , and passed on first reading on the 5th day of November. 2001.
Loucn s lua A. Ellis
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LICE'.\i E AGRE E:'v!E'.\:T
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THIS .-\GREEYIE~T. made and entered into as of the~ day ofU.1 ~t . 2001. by and
between the CITY OF ENGLE\VOOD. a municipal co rp oration of Colorado. hereinafter referred
to as .. City .. md the CE>ITE~"NIAL WATER .-\."ID A. 'IT.-\ TI O 1 Dl STRlCT. a Colo rad o
quasi-municipal corporatio n. hereinafter referred to as .. Di strict ...
WlniESSETH : The City without any warranty of its title or intere st whatso ewr.
hereby authorizes District. its s uccessors :ind assigns . to install a 48 .. D! pipe and 7: .. steel cas ing
within City 's right-of-way for the City Ditch across the Ci ry·s rights-o f-way fo r the City Ditch.
described as a parcel ofland situated in the East Y:: of Secti o n 3:. To wnship 5 South. Range
68West of the 61h Principal \leridian .. .\rapahoe County. State of Colorado . depicted upon
Exhibit .-\ anached hereto and made a part of:
1. Any construction contemplated or performed under this L icense s h:ill co mpl y with and
conform to standards formulated by the Director ofCtilities of the C ity and such
construction s hall be perfo rmed and completed according to the plans approved by th e
City .
2 . The District shall notify the City · s Director o f Ctilities at least three (3) days prior to the
time of commencement of the construction of. or any rep airs made to. the Di strict" s 48 ..
Dl pipe and T2'" steel casing so that the City may. in its di sc reti o n. inspect s uch
operations .
3 . Within thirty (30) days from the date of commencement of construction of said 4 8"" DI
pipe and 7'2.'" steel casing. the District s hall complete such construction. pl:ice and
maintain permanent. visi ble markers. of :i type and at such locations as designated y the
City's Director o f C tilities. referring to the centerline of the installation and shall clear
the crossing area of all construction debris and restore the area to is pre\'ious co ndit io n as
near as may be reasonable . In the e\'ent the placing of the centerline markers md the
clearing and restoration of the crossing area is not completed with in the ti me spe ci fied.
the City may complete the work at the sole expense of the Di strict.
4. The City s hall have the right to maintain. install, repair. remove o r rel oc ate the City Ditch
or an y o ther of its facilities or installations within the City ·s rights-of-way. at an y ti me
and in s uch manner as the City deems necessary or convenient. The City reser\'es the
exclusive right to co ntrol all easement and installatio ns .
5 . The stipulation and conditions of this License shall be incorporated into co ntract
specifications if the construction herein auth orized is to be done o n a contract basis .
6 . The rights and privileges granted in this License shall be suhject to prior agreements.
licenses and/or ::1rant s . recorded o r unrecorded. md it shall ;: the Di strict" s so le
responsibility to determine the existence of sa id documents 0 r confl icti ng uses o r
installat ions .
South Plane Raw Water Line -Ph ase fl
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The: District shall contact and fully cooperate with the City· per o nnel .md the
construction shall be completed witho ut interferen e with :rn: lawful. u ual o r rdinary
flow of water through the City Ditch. Licensee hall as sume all ri k inc iden t to the
possible presence of such waters. or of storm waters. o r of ·u rface water in the City
Ditch .
8. All trenches or boles within the City·s rights-of-way s hall be backfilled and tamped to the
original ground line in la yers not to exceed six (6) inches loo e mea sure to a compaction
of ninety percent (90%) Standard Proctor :Vlaximum Densit:.
9 . District shall indemnify and save harmless . to the extent of the law. the City . its office rs
and employees. against any and all claims. damages. actions o r cause of action and
expenses to which it o r they may be s ubjected by reaso n of said 48 .. DI pipe: and 2 .. ted
casing being within and across the premi ses of the City o r by reason of any,, rk done: o r
omission made by the District. its agents o r employees. in connection \\i th the:
construction. replacement. maintenance or repair of said 4 8 .. DI pipe and :·· teel casing .
It is expressly agreed that in case of the Di stri ct · s breach of any of the within pro mi e s.
the City may. at its option. have specific performance the reof. o r ue for damages
resulting from such breach.
I 0. Upo n abandonment of any right or pri vilege herein granted. the right of the Di strict to
that extent shall terminate. but its obligation to indemnify and sa,·e harm le s. to the extent
of the law. the C ity. its officers and employees. shall no t terminate in a ny e ,·ent. except as
to the Centennial Water and Sanitation Di strict pursuant to the provision of paragraph 9
above.
In granting the abo,·e authorization. the City reserves the ri ght 10 make full use of the
property involved as ma. be necessary or convenient in the operation of the water work s plant
and system under the control of the City .
South Plane Raw Warcr Line-Phase II
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IN WINESS WHEREOF. this instrument has been executed as of the day and year fir st
above written .
ATTEST:
Loucrishia A . Ellis, City Clerk
APPROVED :
~(!Qp
D1str1ct Engineer
S uth Platte Raw Water Line -Phase II
LANDO\VNER:
CITY OF E~GLEWOD
----------· Mayor
CENTE~IAL WATER . .\J'-U
SANITATION D1STR1 CT
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EXHIBIT A
C ROSSING LIC EN SE AGREEMENT
LEGAL DESCRIPT ION
/\CRO ' I GLICCN EFORW/\TERLINEP Rl'OSESLOCATEDINTII EEASTO E II\U·OF 1111·
SOLflHEASTQL'ARTEROF ECTIO'I J 2.1011• SIIIP 5SO TII .RANGE68WES1 OFlllE 1.'<111
PRINCIPAL ~IERID IAN MORE PARTICULA RLY DESC RIB ED AS FOLLOWS :
COMMl:NC ING ATTII E NO RTIIW ESTCORNER O F TII E EAST ONE II ALF OFTIIF ~01 'l ll l'A51
0 ARrER :THE 'CES0lffll29°59'J 5"EAST4 33 .II FEETTOA l'O INTO TIIEWF51 UN I 01 ,
on Cl I EA EM ENT OWNED IJY T II E C ITY O F ENGLE WOO D AND TIIE PO INT OF BEGIN", IV '·
T II F'ICESOl'Tll 68 '17'41 " EASl 500 1 FEET TOA POI TONTII E EASTE R! Y L11'F F~AII) llll( 11
EAStMENT AND A f'()INT ON A NON-TANGFNT CU RV E: THENCE CONTIN 'ING Al <J'-u 1111
SA ID E SEMENTANDALONGll l EARCOF SA ID CU RV ETO HI ELFFI 4 4 . I ff~I 111111 \
( E ·1 RAL A 'JG I E OF 36 °25'~0" HA VI 'GA R,\l)ILIS OF 70 .02 FE ET ,\ DA rl l ORIJ Ul \RI ·1, ~t II 1 11
()<,"JJ 'OJ" EAST J 3 r FEET 10 A POINT OF C RVE : l ll ENCE ALONv 1 IIF ARr ()I· \All) C l RI l l <J
l llE I !·Fr I 94 FEET WIT !! A CENTlv\L ANGL E OF 00'59'39" Il l\ \'l'IG A RADII • 01 I I~ o: 1'-l l \
t !!ORD Bl:AR l'IG Oli rll "4'52"58" E ST I 94 FEET 10 A PO INT . 1 IIEI\CF IF\ I 1,1, "ll
EAS l:~IFNT ORl II 68°1,41 " WEST 6039 FEET10 A l'O INTO, 1 II F \I T~ I ERL Y LI I or <; \Ill
E FMEN·1 AND A POINT ON A NON-TA G ENT CU RVE : 1 IIE'ICI. CO'll 11'L'"G \LO", S \Ill
FA EME TON nl E ARCOFSAIDCUR\'ETOlllE RI GIITJI ~2 FEFrWllll \CF',IR\I A"l ,11
OF 18'J 3'}8" I IA VING A lv\Dl t.: OF I 27 .9J FEET AND A C II ORD UFAR!'IG NOR Ill (!\"r oe· I· \S I
41 63 FEErlU TII E POINT OF BEGINNING.
l llE ABOVE PAR CEL OF LA '0 CON rA INS 2.139 QIJARE FEEi OR U.OJ9 ACR~S . \H JRI OR I l·SS
Ul,,\RINGS AR E BASED O TII E WEST LI NE OF THE EAS I 1/2 O F '1 II E OLllllEAS r I J m Ali)
SEO ION 32, BEARI G NO RTH 00°12'55" EAST.
Crossing License Agreement
Ensor R.:iw Wa1cr
Job No . 0733.079 02
July 11 , 2001. gdc
TA INCONSULTA TS.INC.
8301 E. PRENllCE AVE . •IOI
ENG LEWOOD , CO 80 111
(303) 741 -6000
DATE : VP@I
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EXHIBIT A
CAOBSIG UCB&: Mi 11-EffT EXHIIT
~ POINT OF COMMENCEMENT
NW COR , E 1/2, SE 1/4 SEC . .32
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ClffEN VALLEY
TURf f .ARM
EX CllY OF
EI\IGL EWOOD
50' DI 1r H ES M T
PARCEL A TABLES
LINE TABLE
H ~\W~~-fow 5s0o~U
CURVE TABLE
L
THIS {x:Hef S NOT 11£..P9[S(_~f
a. wo••u•o.,rr o vn ,, is r
i-nrNDL D TO DCPK:t THC •n •o<o
S"'"'"\OH
ROCK Y MOUNTAIN CONSU LTANTS, INC .
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G•tt'l•OOO Villa ge C1ly, CO 80111 lJO.l ) 74 1-6000 rat l OJ ) HI -10 6
0 Al(07 1 1 01 REVIS£ 09 ' <
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TE:VIPORARY CO'.'J TRC TIOt,; E SE\-IE'.'JT
THI :-\GR.EEME:-.iT. made and entered into as o f the /~ay o f {"l:h~~ 2001. b~ :mJ
between the C E:'-lTE~""N IAL W.:;.. TER AND SANITATION DISTRJCT ('"C entennial .. ). a
Colorado quasi -municipal corporation whose principal place of business is 62 West Pl aza Dm·e .
Highlands Ranch. Colorado 80 I 29 and the CITY OF E:\iGLEWOOD ( .. Englewood .. ). a
Colorado municipality who e principal place of business is I 000 Englewood Parkway.
Englew d . o lorado 80 I I 0.
WHEREA . Centennial desired to install a 48 '" DI pipe and T2 .. steel casing thro u gh the
City Ditch right-of-way to convey raw water between the South Platte Reser,oir and '.\lcL d!an
Reservoir: and
WHERE.A . Centennial is required to install a 48"' DI pipe and 72"' steel cas ing proj ect in
an Englewood City Ditch right-of-way in the location depicted upon Exhibit A attached hereto
and made a part hereof (the --Project"·): and
I.
THE PARTIES covenant and agree as follows:
Description o f Project. Centennial will install a 48 .. DI pipe and Tl" tee! ca in g h~ bore
in the Englewood City Ditch right-of-way beginning in November 200 I . After the p i pe
is installed. which is no later than June 2002. Centennial will do what is reasona bl~
necessary to restore the property to the original conditi on.
2. Right to Store Materials : Englewood agrees to permit Centennial o r it"s C o ntract o r. in
conjunction with the construction and installation of the pipe. to store pipe and equipment
on the site as indicated on the attached drawing. Centennial agrees to erect a tempo rary
security fence around the storage site and maintain adequate sec urity for the si te a t all
times . Centennial further agrees to comply with all State and Federal statutes a nd
regulations regarding the handling. storage and clean up of any hazardous material us ed
by Centennial. its employees. agents and assigns in conjunction with the Project. The
location of the Temporary Construction Easement is as depicted in Exhibit ··x·.
3. Length of Agreement : This agreement shall expire on .June 30. 2002 . However. the!
4 .
South Platte Raw Water Pipeline Phase II Project s hall not begin before '.'J ovember I.
2001 .
Access : Centennial or its Contractor shall haYe temporary non-exclusive right to enter
the property for any re:isonable purpose necess ary for the construction o f the Projec t
subject to the following restrictions: I ) :\iom1:il working hour shall be fro m 7:00 a.m. to
6:00 p .m .. 2) The operation of equipment and heavy trucks will be permitted o n the
property only during normal working hours, 3) Centennial will comply with all City o f
Littleton requirements regarding emergency access to the property .
South Platte Raw Water Line -Phase II
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Restoration : Centennial o r its Contractor will do what is necessary to resto re the propeny
to its original condition including but not limited to : regrading the property under this
agreement and reseeding the property. The restoration is to be completed by the
expiration date of this Temporary Easement.
Site Condition : Centennial or its Contractor will provide security for the si te at all times.
In addition, Centennial will endeavor to keep the site in a visually acceptable manner
during the tenns of this agreement. and Centennial will maintain adequate dust control
either by regularly spraying the exposed soil with water or other acceptable means.
Liabilitv: Centennial or its Contractor agrees to be liable and hold harml ess Englewood.
its employees. tenants, guests and invitees, from any claims. causes of action. and
liability which may occur as a result of the actions of Centennial including the cost of
defending against such claims.
Insurance: Centennial or its Contractor shall maintain in full force and affect a va lid
policy of insurance for the Project in the amount of $600.000 property coverage and
S600,000 liability coverage . Centennial or its Contractor further agrees that all
Centennial or its Contractor employees. contractors and subcontracto rs wo rking o n the
Project. shall be covered by adequate Worker·s Compensation.
CITY OF ENGLEWOOD CDffENNIAL WATER AND
ANITATIO . DI TRICT
Stewart Fonda
Director of Utilities
South Platte Raw Water Line -Phase II
Jeffi~e
Disttict Engineer
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EXHlBIT A
CONSTR UCTION EASEMENT
LEGAL DESCRIPTION
. .
TWO EASEMENTS FOR CO STRUCTIO, P RPOSES LOC,\TED INTII E EAST ONE IIA LF OFTII E
SOUTHEAST QUARTER OF SECTION 32. TOWNS HIP 5 SOUTH. RANGE 68 WEST OF THE SIXTH PRI NC IP AL
MERIDIAN MORE PART ICULA RLY DESCRIBED AS FOLLOWS :
COM M ENC ING ATTII E NORT HW EST CORNE R OFTII E EAST ONE II ALF O F THE SOUTII EASTQUAR l"ER :
T l I ENCE SOUTH 36'57'24" EAST 343.07 FEET TO T HE POI T OF BEG INNI NG:
T l I ENCE SOUTll 68'17'41"EAST 73 .48 FEET; T II ENCE SOUT ll 26"03'1 4" WEST B 04 FEET: T II E CE SOIIT II
21 ').1'42" WEST 29.90 FEET TO A POINTON T HE NO RT II ERLY LI NE OF A DITC H EASEMENTOWNErJ IW T Ii i:
C ITY OF ENGLEWOOD: THENCE ALONG TIIE NO RTll ERL Y LI NE O F SA ID DITCI I EASEMENT SOUTH
66°39'55" EAST 24 .78 FEET: T HENCE CONTINU ING ALONG SAID DITC H EASEME NT SOUTH 23 '18"46 " WE T
23 Q.I FEET TO A POINT OF CU RVE : TH ENCE ALONG T HE ARC O F AC RVE TOTIIE LEFT 15 98 FEET WI 1"11 ,
CENT RAi. ANGLE OF IJ'Q.1"39" 11 1\V ING A R,\DIUS OF 70.02 FEET AND ,\ C HO RD DEARING OL'T ll 1~''0'5{,
WEST 15 95 rEETTOA POINT: T HENCE LEAV ING SAID DITCI I EASEMENT NOltTll 68 °17'J I" wrs ·1 50 0 1
l"EETTO A PO INTON A NON-TANGENT CU RVE AND THE WES TERLY LINE OF S,\ID Dll C II EA l"\IE 'I I .
TIIE'IC E CONTINUI G ON TIIE WESTERLY LINE OF SAID DITCH EASEMENT ALONG TIIF .\RC or ~ \IIJ
C IJRVE TO THE RIG HT 17.36 FEET WITH A CENTRAL A GLE OF O 0 45'58 " IIA VING A R,\l)ILS o r 12· 9J 111 I
ANU A C HORD DEAR ING ORTll 18'52"05 " EAST 17.35 FEET ro A POINT: TIIE'SCE ,\LONG SAID F ,sr \lf',I'
ORTll 23 °18'46" EAST 20.51 FEET: THENCE LEAVI NG SAID DirCII EASEMENT NO R nl 6q"Q7'1 I" \HS I Jb <1
FEET: THENC E NO RTH 2 1'39'35" EAST 53 .91 FEETTOTII E POINT OF OF.G I I 'G
T II E AOOVE PARCEL OF LAND CONTA INS 5692 SQUARE FEET O R 0.13 1 AC RES , IORE OR LESS
f OMME NCING ATTIIE NORTIIWEST COR ER OFTII E EAST ONE 11 ,\LF OF TtlE SOUTIIEASTQ AR I f R.
T II FNCE SOUTll 27'01'26" EAST 467 58 FEET TO A PO INT ON TII E WEST LINE OF A DITCH EASEMFt-T
OWNED OY TIIE C ITY OF ENGLEWOOD AND THE PO INT OF BEGINN ING :
T IIE NCE SOUT ll 68'17'41" EAST60 39 l"EETTO A l'OINTON T II E EASTERL Y LI NE OF S,\IIJ DITC H
t ASE'.\1CNT AND A POI NT 0~ A O~·TANGL:NTCL'RVE ; TIIF"'!CF CONTlN\ ll NG Al O NG TJIF S,\111
EASE M ENT AND ALONG lllE ARC OF SA ID C URVE TOTIIE RI GHT 25 .% FEET WITII ,\ CENTRAi 1\'l(,LEot
13°16'42" II AV I GA RAD IUS OF 112 OHEET AND A C II O RD BEAR ! G SO T ll 17'44'48" EAST Zl 90 FFLTl <l
A POINT: T HENCE LEAV ING TI IE EASTERLY LI NE OF SA ID DI l'C II EASEMENT NO RTll b8'17'41 " \\ FS-1 64 oo
fEETTOTII E WESTERLY LINE OF SAID DITCII EASEMENT A D TO A PO INT ON A NON -T,\ GF NT Cl'R\ I..
T II ENCE ALONG TIIE WESTE RL Y LI NE OF SA ID DITC H EASE M ENT ,\ND ALONG T IIE ARC OF ,\ llRVF 10
1 IIE R IGIITZJ .28 FEET WITH/\ C ENTRAL A GLE OF 10"25'35" HA VING A RADI US OF 127 .94 FEET A D
C HORD BEARING ORTII 08'57'34" WEST 23-25 FEET TO T HE PO I T OF OEG INN ING:
THE AllOVE PARCEL OF LA ND CONTA INS I 275 SQUA RE FEET O RO 029 ACRES. MO RE OR LESS
BEAR ING NO RT M 00°12'5 5" EAST .
c-lioa-
E....,.. Ila• Water
Jal> No. 0733 .079.02
J•ly 11,2001 -...
D WA' E
roR ANDO OEII ALP OF
ROC KY MOUNTAI N CONS ULTANTS. INC.
8301 E PRENTICE AVE . .iol
ENGLEWOOD, CO 80 111
()03) 741-6000
DATE: rm/v/
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EXHIBIT A
CONBTflJCTION EASEMM' E>HIT
40' PER MANENT
CW&SO EA SEME NT
20' TE MP CONST ~1 CW&SD EASEl,I EN T
CR(EU V.A LL( '(
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THI S [)(HIBIT DOC S NOT JtCPRCSCNT
il WQNUM(NT{O SUlll ~Y IT IS Ck.'f'
IPH'CHOC O 10 OC PtCT rH( An .. CH(O
D(SCll1P l10N
6-10'25' ,
R•l27.94
L•2jft•w ~.l25·y
EX. Cl TY OF EN GL EWOOD
50' DITC H ESMT .
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ROCKY MOUNTAIN CONSULTANTS , INC .
t.J16'42;
I R-112.0~
L•25.96
SI r44 '4!!"£ 25.90
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LlCE:-iSE :\GREE\.!E:-iT
THIS . ..\GREE:\-IE>IT . made and entered int o as of the /51day ofC'<' U,~:., 2001. by and
bet\lieen the C ITY OF E:-,;GLEW OO D. a munic ipal corpo rati o n of Colo rado. hereinafter referred
to as ·'Cicy·· and the CE:-/TDiNIAL W . ..\ TE R ...\~D SA'.'ilT . ..\ TIO'.'-i DISTRICT. a Co lo rado
quasi-municipal corporation. hereinafter referred to as ··District"·.
WlNESSETH: The City without any warranty of its ti tle o r interest what soever.
hereby authorizes District. its successors and assigns. to install a -.s·· DI pipe in . ..\rapah oe
County. State of Colorado , depicted upon Exhibit . ..\ anached hereto and made a part of:
I. Any co nstruction contemplated o r performed under thi s L ice nse shall co mpl y with and
conform to standards formulated by the Director of Ctili t ies o f the City and suc h
constructio n shall be performed and completed according to the plans approved by the
City .
:2 . The District shall notify the City 's Direc to r of C tilities at least three (3 l days prior to the
time of commencement of the construc tio n of. or any repairs made to. th e Di stric t" s
installation of the -48 .. DI pipe so that the C ity may . in its discretion. inspec t s uch
operations .
3. W ithin thirty (30) days from the date of co mmencement of co nstructi o n of sa id -4 ·· D I
Pipe. the District shal l complete such construction. place and maintain permanent. vis ible
markers. of a type and at s uch locations as d es ignated by the City" s Direc to r of C ti lities.
referring to the centerline of the ins tall :n io n and shall clear the crossing area o f all
constructio n debris and restore the :u-ea to is pre,·ious condiuon as near as ma y be
reasonable . In the event the placing of the centerline markers an d the c learing and
re storation of the crossing area is no t co mpleted ,vi thin the ti me s pecified. the City may
complete the work at the sole expense o f the Di s tric t.
-+. The City shall have the right to maintain. in stall. repair. remo,·e o r relocate its fa c ili tie s o r
installations withi n the City"s easement. at an y ti me and in s uch manner as the City
deems necessary o r convenient. The City reserve s the exclusive ri ght to con tro l all
easement and installations .
5. The stipulat ion and condit ions of thi s L ice nse shall be inc orpo rated into co ntract
specifications if the construction herein authorized is to be done on a contract bas is.
6 . The rights and privileges granted in this Licen se shall be subject to pri o r ag-~ments .
licenses and/or grants. recorded o r unrecorded. and it shall be the Di s trict"s le
responsibility to determine the existence of said documents or conflicting uses o r
installations .
Englewood -Old Pwnp Station Crossing -SPDD2. l
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7. All trenche s o r holes within the City"s eas<!ment s hall be backtilled and tamped to the
original gro und line in layers not to exceed six (6 ) in ches loose measure to a compaction
of ninety percent (9 0 %) Standard Proctor Maximum Den si ty .
8. District sha ll indemnify and save harmless. to the extent of the law . the Ci ty. its officers
and employees. against an y and all claims. dama ges. actions or causes of actio n and
expenses to which it or they may be subjected by reason o f said 48 .. DI pipe being ,vi thin
and across the premises of the City or by reason of any work done or om issio n made by
the District. its agents or employees , in connection with the co nstructi o n. replacement.
maintenance or repair of said 48" DI pipe .
9. It is expressly agreed that in case of the District 's breach of an y o f the within promi se s.
the City may. at its option, have specific performance there of: o r sue fo r damage s
resulting from such breach.
I 0. Upon abandonment of any right or pri vilege herein granted . th e righ t of the Di strict to
that extent shall terminate. but its obligation to indemnify and ave hannle ss. to the extent
of the law, the City. its officers and employees. shall not terminate in any eve nt . exc e pt as
to the Centennial Water and Sanitation District purs uant to the provi sion o f paragraph 8
above.
In granting the above authorization , the City reserve s the right to make full use of the
property involved as may be necessary or conve nient in the operation of the water works plant
and system under the control of the City .
Englewood -O ld Pump Station Crossing -SPDD2 . I
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£N WlTNESS WHEREOF . this instrument has been executed as of the day and year first
above wrinen.
ATTEST :
Loucrishia A . Ellis, City Clerk
APPROVED :
LA DOWNER:
CITY OF ENGLEWOD
----------' Mayor
CENTENN1AL WATER AND
SA. '\/!TA TION DISTRJCT
Englewood -Old Pump Station Crossing -SPDD2. l
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CROSS ING LICENSE AGREEMENT
LEGAL DESCRJPTION
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/\ CROSSING LICENSE FOR WATERLINE PURPOSES LOC/\TE:J IN TIIE SOLlTIIEAST QUARl FR
OF SECTION 31. TOWN IIIP 5 SOUTH. R/\NGE 68 WEST OF TII ESIXTII PRINCIPA L MERIDl ,\N
MORE P/\RTI UL/\RLY DESCRIBED AS FOLLOWS:
COMMENCING/\ r TII E E/\S r QUARl ER CORNER OF SECTIO JI : TIIE NCE SO UTII 2i'O "4S ..
WEST S33 .49 FEET TO A rQINT O T II E NORTIIERLY I INE OF PAR CEL "G .. AS RECORDED
/\TB00K5734AT PAGE7 OA D rHETR ErQINTOFBEGIN I G ;
TIIENf"E SO UTII 03 'JT30" EAST 20.00 FEET 10 TIIE SO UTIIERLY LINE OF SA ID PARCEL "G ··.
1·11 ENCE ONTlNLllNG ALONO TIIE SO TII ERLY LI 'E OF SA ID PARCEL "G"" SOUTII 86'U 2 ··
WE T 25 00 FEET : 11 IEN E NORTI I OJ'JTJO" WEST 20 00 FEET TO Tl IE NORTIIERL Y LJ:>,E O F
S1\ln PARCEL "G"", TIIENC E Al ONG rIIE OR rIIERL Y LI . E OF SAID PARCEL "G .. NORTI I
6'44'2S" EAS"I 25 00 FEET TO THE TRUE POINT OF BE IN IN G :
l llE /\BOVE PAR EL OF LA D CONTAINS 500 SQ ARE FEET ORO QI 2 ACRES, ~JORE OR LESS
BEARINGS /\RE BASED ONTIIE EAST LINE OFlllE Ol IIIEAST 1,4 OF SAID SECTIO N 3 1.
BEARING NORTH 00°18'57" EAST.
Crossmg License Agreement
Ensor Raw Water
Job No . 2395 .020.03
September I I , 200 I -gdc SHEET I OF 2
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EXHIBIT _____________ -?Ts~c
COMMENCEMENT j POINT OF
.~ .,a •11 _,I E1 /4 COR, SEC 31, T5S I
~.::: ,J R68W, 6 TH P.M. I
®~ ~,g!j :j"J J
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NTS c, TY OF ENGLE WOOD
\
(XISTI 1G ES M ~ ii
6001< 1517. PAGE J57 ~ I
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PG 326
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25.00'
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I , I 20. q.a ___ ----_, 1 1 S03°37'30"E
_l_j \ 20. 00'
E'<ISllNG CITY OF
E' JGLE WOOD £SM
BK 2733, PG 598
PARCEL "G"
CW&Sll ESMT.
I
BK 53 4, PG 770
MS CIIHl9lf DOU NOT M~SUH
,. WClnMlt•l'[D ~~'I'. If IS ONL Y
INTOl[)(O TO OCPtCT TH( ATTACHCO
OC~llON.
i-----S86 ~44'2B"W !
\ EDNA ENSOR I 25 00' I
_J BK 3808. I I ' •
PG 326 l
\ SE CO P~
I I I SE C 31
~------.1-_i; [,I STll,G
; I CW&SD ES M T
XI Tl'IG :t BK 6719, PG 507
L-1---~c:;;w~&SD ES'AT I
BK 671 9, PG 508 PPRCEL "G "
PARCEL "B"
EXISTING CW&SD ESMT
BK 57.3 4, PG 770
EXISTltJG CW&SD £SM
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ROCKY MOUNTAIN CONSULTANTS, INC . S HEET 2 OF 2
OAT 09 19 01 Rt\1S O 09 2~ 01 de:
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T E \!PO R..\R Y CO N STRLCTION E . .\SE\1 E:S..:T
THIS . .\GREE:V!Ei'iT. made and entered into as o f the /,;:day o f ctt't-ti L.1 00 1. by and
between the CENTE , Nl..\L WATER :\N D S . .\:-.IIT . .i. TIO:--i DISTRICT ('·Centennial .. ). a
Colorado quasi-municipal corpo ration whose principal place of business is 62 West Plaza Drive.
Highlands Ranch. Colorado 801::!9 and the CITY OF E~GLEWOO D ( .. Englewood''). a
Colorado municipality whose principal place o f busine ss is 10 00 Englewood Parkway.
Englewood. Colorado 80110 .
\VHERE . .\S. Centennial desires to install a -18 .. DI pipe through Englewood ·s easement:
and
\VHEREAS. Centennial is required to install a -18 .. DI pipe in an Englew·ood easement in
the location depicted upon Exhibit A anached hereto J.nd made a pan here o f (the "'P roj ect"'): and
THE P . .\RTIES covenant and agree as foll ows :
1. Description of Project. Centennial wi ll install a -18 .. DI pipe by o pen c ut in Engle woo d ··
easement beginning in December 2001. After the pipe is in stalled. which is no lat e r than
April '.!002. Centennial will do what is reasonably nec::ssary IO re swre the pro perty IO the
original condition.
2 . Rieht to Store :Vlaterials: Englewood agrees to permit Centenn ia l o r it's Co ntr:i cw r. in
conjunction with the construction and installation o f the pipe . to sIO re pipe and equ i pment
on the site as indicated on the attached drawing . Centennial agree IO erect .:i te m po r:iry
security fence around the storage site and maintain adequate security fo r the ite at all
times. Centennial further agrees IO comply \~ith all St.lie JJ1J Federal ~ia ui-: ,mJ
regulations regarding the handling, storage and clean up of an y hazardc,us materia l use d
by Centennial. its employees. agents and assigns in conjuncti on with the Pr oj ect. T h e
locat'on o f the Temporary Construction Easement is as depic ted in Ex hibi t .. X ..
J . Leneth o f . .i.ereement : This agreement shall expire on .\pril. 200::!. Howe\·cr. th<::
installation of the -18'' DI pipe shall not begin before December '.!001 .
-1 . Access: Centennial or its Contr:ictor shall have temporary no n-exclusi ve right to enter
the property for an y reasonable purpose necessary for the construction o f the Proj ect
subj ect to the following restrictions: 1) '.'formal working hours shall be fr om 7:00 a.m . to
6:00 p .m .. 2) The operation of equipment and heavy truck s will be permined on the
property onl y during normal working hours . 3) Centennial will compl y with all City of
Littlet o n requirements regarding emergency access to the property .
5 . Restorati on : Centennial or its Contractor will do what is necessary to restore the property
to its o riginal condition including but not limited to : regr:iding the property under thi s
agreement and restoring the property . The restoration is to be completed by the
expiration date o f this Temporary Easemen t.
En g lewood -Old Pump Stat io n Cross in g -SPDD2 . l
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6 . Site Condition : Centennial or its Contractor will provide security for the site at all times.
In addition. Centennial will endeavor to keep the site in a visually acceptable manner
during the terms of this agreement, and Centennial will maintain adequate dust control
either by regularly spraying the exposed soil with water or other acceptable means.
7. ~: Centennial or its Contractor agrees to be liable and hold harmless Englewood.
its employees. tenants, guests and invitees, from any claims. causes of action. and
liability which may occur as a result of the actions of Centennial including the cost of
defending against such claims.
8. Insurance: Centennial or its Contractor shall maintain in full force and affect a valid
policy of insurance for the Project in the amount of $600,000 property coverage and
$600.000 liability coverage. Centennial or its Contractor further agrees that all
Centennial or its Contractor employees. contractors and subcontractors working on the
Project, shall be covered by adequate Worker's Compensation.
CITY OF ENGLEWOOD
Sb~;{~
Stewart Fonda
Director of Utilities
CENTENNIAL W . .\TERA .. 'il)
SANITATION D1STR1CT
Jellcase
District Engineer
Englewood -Old Pump Station Crossing -SPDD2. l
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EXHIBIT A
C"ONSTRL'CT ION EASEME T
LEGAL orSCRIPTION
..
AN E,\SE 1ENT FUR CO'ISTRl CTIO'I r l'Rl'OS [S LOC"ATED IN THE SOln-l l EAST QUARTER OF SEC'rtON !I.
TOW SIIIP 5 SOL'TII, RA '<G E 68 \\'EST OFTIIE IXT II PRINC IPAL ~IER IDIA N, MORE PART ICU LARLY
DESCRIBED AS FOLLOWS .
COM Mft.C'ING A1 IIIF , O RTII EASTCORNFR O F TH[ so TIIEASTQ A RTER or SA ID SEC'II UN )I.
TIIE 'CE SOUTII 26"26'28" WEST ~!O 'J fEET TO i\ PO I, TON T IIE so u ni LINE OF/\ CENTEN NIAL IV\ I ER
/\ '0 S1\NITAT IO N DISTRICT E/\SFM CNT AS RECORDED IN HOOK 57JJ /\T l'A GE O ANDTIIE NORTII I INE
OF A C ITY OF ENGLEWOOD EA CM ENT A RECORDED Ar OOOK l7!J Al P1\G[ 598 A NO THE POI NT Uf
IJEGI NN I G,
l'IIC NCE SOUTII 03°37'30" EAST 36.0 4 FfET TO ,\ POINT ON T II E NO RTII LI NE O F A C'ENTENN lt\l. WATER
AND SANITATION DISTRI CT EASEMENT AS RECORDED IN OOOK 6 7 10 AT PA GE 507: TIIENCE SOLITII
86°44 '28" WE ST 111.09 FEET ALONG '1 IIE ORTII LINE O F SA ID C W&SIJ EASE~IENT, A C W&SP E/\SE~IE I'
RECORDED IN OOOK 67 19 AT P/\G F 508 /\ND/\ C W&SD EASE~IE T RECORPED AT UOOK 5J7J AT PA G E ·n
TO A POI f ON l llE OLITII PLAfl I:. PARK OOUNDAR\': TIIE NCE NO RTH 03 °37'30" WEST ALO NG SA IP
SOlrt II PLATTE 1',\RK OOLl'IDARY 16 .00 f EH; T II ENl F NORT II R6°ZZ'JO" EAST 86 09 FEET: TIIENC'E '(JR 111
0 .1°37'.\0" WEST ,9 •9 FEET TO A POI , TO AID CENTE NIAi WA l'FR AND SANIT,\TION IJ IS I RICT
EASEMENl , TIIEN E NORTH 86"44 'l8" EA ST ALO 'G SAID EAS EMENT 25 00 FEET 10 T II E POI ·1 O F
IJEG INN l f,,G ;
TIIE ABOVE rAR(EI OF LAND CO T,\I S l!Ol SQUA RE FEET O R 0 .051 ACRES
OEARl'-GS ARI' u S[D 0 '1 TIIE CAST LI NEOFTIIE so 'TII EAST 11• O F S1\ID SECTION JI. ll[ARIM, "JR Ill
00°18'57" EAST
Commuc11on l;asemtnl
Ensor R:.w Wa1c,
Job No . 23 9 5.020 OJ d~gl
October I , 200 I • gdc S IIEEr I OF 2
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EXHIBIT A
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El /4 COR , SEC 31, T5S
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S86"44'28,"W [~IS TING CITY OF
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ROCKY MOUNTAIN CONSULTANTS, INC . SHEET 2 OF 2
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BY AUTHORITY
ORDINANCE NO ._
SERIES OF 2001
COUNCIL BILL NO . 72
INTRODUCED BY COUNCIL
MEMBER_~~~~~-
A BILL FOR
AN ORDINANCE APPROVING SUPPLEMENT NO. 151 TO THE SOUTHGATE
SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF
LAND WITHIN THE DISTRICT BOUNDARIES .
WHEREAS, Southgate Sanitation District recommends the inclusion of
approximately 2.3 acres into the District; and
WHEREAS , said inclusion is located at 5615 S0uth Colorado Boulevard in
Greenwood Village: and
WHEREAS . the zorung of this property in Greenwood Village is for R-1 Residential
Zoning and the proposed use is to remain the same; and
WHEREAS , said annexation of this additional parcel of land will not increase the
tap allocation to the Southgate Sanitation District; and
WHEREAS , the Englewood Water and Sewer Board recommended approval of
Supplement :-.lo . 151 to the Southgate Sanitation District at its October 9, 2001
meeung;
!'/OW , THEREFORE . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
E r 'GLEWOOD , COLORADO. AS FOLLOWS :
Sectjon l. The Agreement between the City of Englewood and Southgate
Sanitation District entitled ··supplement No . 151 , to Connector's Agreement", which
includes approximately 2.3 acres located at 5615 South Colorado Boulevard in
Greenwood Village , is hereby accepted and approved by the Englewood City Council. A
copy of said Agreement is attached hereto as "Exhibit 1" and incorporated herein by
reference .
Sectjon 2. The Mayor and City Clerk are hereby authorized to sign and attest.
respectively, the said Agreement for and on behalf of the City Council and the City of
Englewood, Colorado.
Introduced, read in full , and passed on first reading on the 5th day of November,
2001.
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COUNCIL COMMUNICATION
Date Agenda Item Subject
No ember 5, 200 1 10 a iii Sou th gate Supplem ent #151
STAFF SOURCE INITIATED BY
Utili ti es Departm ent Stewart H . Fo nda . Dir ec to r of U til itie s
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Water and Sewer Boa rd , at their October 9, 2001 m ee tin g, re commended Co un ci l approva l of a Bill
fo r an Ordinan e appro ing Sou th ga te Supplement #1 5 1.
BACkGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood provides sewage trea tment to a population of abou t 70,000 pe o ple o utsid e th e Citv
thr ou gh contracts with numero us connector distri cts. The area is defin ed by th e natural dra inage and
ext ends sou th an d eas t from Broadway to the Valle y Hi ghway and fr om H ampd en t o Linco ln Ave .
ex cluding Highlands Ran c h. By contract the City of En glewoo d must ap prove any additi o n s of lan d to be
serve d by the districts. Th ese are usually in-fill situations that are within w hat the City co nsid ers t o be th e
area it has co mmitted to serve . Adequate capacity has been provided in the treatm ent plant to
a co mmo date all such future inclusions. Annexati o n of this parce l oi la nd w ill not inc rease th e tap
alloca ti o n of the Southgate Sanitati o n District.
A req uest was mad e b y the So uthgate Sanitation Distri ct repres entin g the own er. Michael L. & Marilvn J.
Manco-Jo hns o n . for inclusion into the Southgate Sanitation Distri c t. Supplemen t # 151 is fo r th e Eas t 'h of
Tract :!81 . South Denv er Gardens, Arapahoe County . Th e lo t has a R-1 Res id ent ial Z o ning wi th n o
pr opos ed change on 2.3 acres . The legal is attached as Exhibit A . Th e prop ert:v is loca ted at 56 15 S.
Colorado Bl v d.
FINANCIAL IMPACT
Non e .
LIST OF ATIACHMENTS
Bill fo r O rdin ance
Sou th ga t e Sanitati o n Distric t Supplement #151
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Published as a Bill for an Ordinance on the 9th day of November, 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 5th day of November. 2001.
Loucrishia A. Ellis
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SUPftLEMENT NO. ~ TO CONNECTOR'S AGREEMENT
THIS AGREEMENT, made and enter9d ,nta oy a,d ~ the CITY OF
ENGLEWOOD. ac::in9 oy and throu;I! ,ts dUlv ~ Mayer and c;ty C:.r1t. hereinafter
called the "City; and SOUTHGATE SANITATION OISTRICT, Aral:ahoe and Douglas
Counties. Cotcndo. here,nafter called !he "019tnct. •
WITNESSETH:
WHERE.&S. on the 20lll day IJf June. 1915 1, the City and :he District entered
into an .Ag..-nent ,n wtm::, the c ;ty agrNd !O :rat sewage onginaling ~m the Dismct's
-,itarv ,-system wit111n the -ser,«1 oy the Oislnc!. wnicl AgrNment 'MIS most
rwcentty renewed by Connec:cr's ~ent da19d November 16, 1988; and
WHEREAS. ,aid Connec:crs ~ent provides that :he distnct may not
enlarge its service area without the wntten consent of the c;ty ;
NOW, THEREFORE. in consideration of the mutual covenants and
undertakings herein set fortn . the ;,anies agrN as follows :
1. The C ity hereby consents to the incus1on of ce~ain acditional area
localed ,n Aracahce County. Cotoraco. owneo >:r, !'411cnHI L. & ~rilyn J. Manco-
.Jonnson ana mere fully d escnbed on E.,n1b1t A attac:,eo hereto ana ·nc::rt:crated herein
by reference . ,nto Southgate Sanila11cn D1stnc:. The C,ty ~rees :nat sa10 accit1onal area
may be served With me sewer fac::lities of th e Distr.c:. 1nd :hat :tie c ;iy 'Mil :reat :h e sewage
disc!'lal'TJ9d into the c ;iy s '.runk line frcm sa10 accmon al 3rea . all n ac::::rcance Mth :he
Ccnnec:crs Agreement dated Novernt:er 16 . ,sea . Ac::::rcingly , E.(r.,b1t A :-eierred to 1n
P...,acn 1 of the Conr.ec:ors Agreement oated Ncverncer :s. 1988 . s nere~y amenced
to inc!Ude sucn additlonal area .
2. Elch and ~very other prov1s,cn of ;tie said Ccnnec:crs Agreement
dated November 16 . 1988 . shall remain unc.',angeo .
IN WITNESS WHEREOF, me ;,anies have set !heir hancs and seais :n,s
__ day of __ . 200 1
ATTEST.
CITY CLERK
(SE.Al)
ClTY OF ENGLEWOOD
By :---------
MAYOR
SOUTHGATE SANITATION DISTRICT,
ARAPAHOE AND DOUGLAS COUNTIES,
COLORADO
By· NA, {?;-;ua
PRESIDENT
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EXHIBIT A
The East 1/2 of Tract 281,
South Denver Gardens.
Arapahoe County, State of Colorado
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ORDI:\TA:\TCE 1 0 .
SERIES OF 2001
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BY AUTHORITY
A BILL FOR
...
COUNCIL BILL NO . 73
I:-ITROD UCE D BY coc.:--Cl L
MEMBER~~~~~~~
A N ORDINA 1 CE APPROVING AN lNTERGOVER. fME NTAL CONTRA CT
BETWEEN THE STATE OF COLORADO AND THE CITY OF E NG LEWOOD .
COLORADO , RELATING TO THE LAW ENFORCEMENT ASSISTANCE F ur,..D
(LEAF) PROGRAM .
WHEREAS. t h e City Co uncil of t he City of Englewoo d a pprove d a n
Intergovernme ntal Co ntract rela ting to the LEAF progra m by t h e passage of
Ordinance No . 49, Series of 1996 : a nd
WHEREAS , the Englewood Department of Safety Servi ces has s u bmitted a n
a pplication t o the Colorado Department of Hig hw ay . Office o f Tra n s portauon
Safety, for funding t o co nduct a progr a m under the La w Enforce me nt Assis tance
Fund (LEAF ) for use in t he d ete ction a n d a pprehen 10 n of D ·1 drivers within the
City of Englewood : a nd
WHEREAS. pursuant to -1 3--t-404 , C.R.S ., the State I auth ori ze d t o a ll oc at
LEAF funds by contract to loca l c1t1es a nd co unties t o be ne fit the health a nd safe t y
of pe r so n s in Co lor a do by the imple me ntation of loca l progr a ms d eveloped by t he e
loca l a uthorities for drunken drivmg prevention a nd la w e nforce ment improve ments :
a nd
WHEREAS . the total budget amount a uthorized by the co ntract fo r the actual
co ts of the project work is $33.000 with the State's co ntribution equal t o 100 % of
the $33 ,000 : a nd
WHEREAS, the Englewood Department of Safety Services has availab le t he
techru cal a bility to prope rly perform the project as de scribed in the app hcat10 n a nd
to a ddress the LEAF obj ective s of the State Legis lature:
NOW , THEREFORE, BE IT ORDAINED BY THE CITY CO :-.JC IL OF THE
C ITY OF ENGLEWOOD , CO LORADO , AS FOLLOWS :
Sectio n l. The intergovernmental co ntract between t h e State of olor ado . fo r the
use a nd benefit of the Co lor a d o De partme nt of Transportat10 n , Office of
Trans por tation S a fety , a nd the City of Englewood. for the Englewo od Department of
Safety Se rvi ces . (P olice Dep a rtm ent), a copy of which m a rked Exhibit A, 1s a ttached
he r eto a nd incorporated h e rein by reference known as L-29-02 , 1s he r e by approved
by Englewood City Council.
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Sectjon 2. The Mayor and City Clerk are he reby a uthon zed to s ign a nd attest
said Contract on behalf of the City of Englewoo d and the Englewood De partme nt of
Safety Services.
Introduced . read in full , and passed on first reading on the 5'h d ay of Nove mbe r .
2001.
Published as a Bill for an Ordinance on the 9,h day of Nove mbe r . 2001.
Thomas J . Burns . '.\1ayor
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 a Bill for an Ordinance , introduce d . r ead
in full , and passed on firs t reading on the 5th day of ~ove mb e r , 2001.
Lo ucris hi a A. Elli s
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DEPARTMENT OR AGENCY NUMBER: L-29--02
CONTRACT ROUTING NUMBER: 01 HTS
CONTRACT
THIS CONTRACT, Made this day of , 200_. by and between the State of
Colorado , for the use and benefit of the Colorado Department of Transportation , Office of Transportation
Safety, 4201 East Arkansas Avenue , Denver , Colorado 80222 (hereinafter referred to as "the State") and
the City of Englewood, for the Englewood Police Department. 3615 S . Elati Street. Englewood, CO.
80110 (hereinafter referred to as "the Contractor").
WHEREAS, authority exists in the Law and Funds have been budgeted , appropriated and otherwise
made available and a sufficient unencumbered balance thereof remains available for payment in Fund
Number 403 . Appropriation Code 304 , ORGN 9849 , Contract Encumbrance Number 9586 , FEIN#
846000583-F and GBL #29 ;
WHEREAS , required approval. clearance and coordination has been accomplished from and with
appropriate agencies ; and
WHEREAS , the Legislature has created the Law Enforcement Assistance Fund (LEAF) for the
prevention of drunken driving (43-4-401 through 43-4-404 , CRS , replacement edition ); and
WHEREAS , LEAF has been established to provide funds to aid in the prevention of drunken driving
and the enforcement of laws pertaining to driving under the influence of alcohol and drugs ; and
WHEREAS , pursuant to 143-4-404 , C .R.S .. the State is authorized to allocate LEAF funds by c:..ntract
to local authorities (cities and counties) to benefit the health and safety of persons in Colorado by the
implementation of local programs developed by the local authorities for drunken driving prevention and
law enforcement improvements ; and
WHEREAS , the Contractor has submitted a LEAF project funding Application . which has been
approved by the State ; and
WHEREAS , the Contractor has established a qualified program , consistent with current State
Highway Safety rules at 2CCR 602-1, to coordinate efforts to prevent drunken driving and to enforce laws
pertaining to driving under the influence of alcohol and drugs within its jurisdiction ; and
WHEREAS , the Contractor has available the technical ability to properly perform the project as
described in the Approved Application and to address the LEAF objectives of the Legislature ; and
WHEREAS , this Contract is executed by the State under authority of 29-1-203 , 43-1-106, 43-4-402
and 403 , and 24-42-103 CRS , and by the Contractor under sections 29-1-203 and 30-11-101, 31-15-101
CRS or home rule charter, as applicable, and the attached resolution .
Page 1 of 7 Pages
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NOW THEREFORE , it is hereby agreed as follows :
1. The Contractor's Approved LEAF Application , the LEAF Contract Management Manual dated
February 1, 2000 and LEAF Application Guidelines , the State Highway Safety Rules at 2CCR
602-1 , and Attachments A , B and C are incorporated herein by this reference as terms and
conditions of this contract. The Contractor acknowledges that it has received copies of the LEAF
Contract Management Manual . the Application Guidelines , and the State Highway Safety Rules.
The Contractor shall comply with all terms and conditions of this Contract. In the event of a conflict
between the terms of this Contract and the terms of the incorporated materials . the following
priority shall be used to resolve such conflict:
A. State Highway Safety Rules ; then
8 . LEAF Contract Management Manual and Guidelines ; then
C . This Contract; then
D. Attachments A, B , C, in that order; then
E . Approved Application .
2. The Contractor shall carry out the program and shall perform the activities which are specifically
described in the Approved Application and are generally described in Attachment A (collectively , "the
project").
3 . The Contractor shall submit quarterly reports to the State detailing the performance of this
Contract according to the reporting criteria described in Attachment 8 .
4 . Project Funding Provisions . The total budget amount authorized by this Contract for the actual
costs of the project work is $33 .000 , as described in Attachment C . The State shall partic ipate in the
payment as provided herein .
State 's maximum (from LEAF )
TOTAL AMOUNT
$33 ,000
$33,000
The State shall use LEAF funds exclusively to pay for the actual costs incurred by the
Contractor for the project work up to the State's maximum. If the Contractor incurs project costs
which exceed the Attachment C budget amount without first obtaining an approval in that amount by
written contract amendment , the Contractor shall be solely responsible for the payment of such
excess costs .
The State budget amount will be provided solely from LEAF funds as outlined in the letter of
approval for 2002 LEAF funds mailed to the Englewood Police Department attached hereto as
Attachment D. Any obligation of the State under this Contract is contingent upon LEAF funds being
available for this Contract. The State will pay the Contractor for actual costs incurred on a quarterly
basis , subject to prior review and approval by the State of work performance and pursuant to
payment procedures contained in the LEAF Contract Manual. The Contractor shall maintain an
itemized accounting of all billings and other records to support all costs charged to the Contract and
shall present same to the State upon request.
5 . The effective date of this contract shall be the date the Controller of the State of Colorado
approves this contract , or such later date specified herein . The Contract shall begin January 1, 2002.
and shall terminate on December 31 , 2002 .
Page 2 of 7 Pages
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·6 . The Contractor agrees that any subcontracts entered into by the Contractor under this Contract
must meet all applicable State and Federal requirements and must be approved by the Office of
Transportation Safety prior to execution by the Contractor .
7 . a) Termination Due to Loss of Funding . The parties hereto expressly recognize that the
Contractor is to be paid , reimbursed , or otherwise compensated solely with certain funds provided to
the State for the purpose of contracting for the services provided for herein . Therefore , the Con-
tractor expressly understands and agrees that all its rights . demands and claims to compensation
arising under this Contract are contingent upon receipt of such funds by the State . In the event that
such funds or any part thereof are not received by the State . the State may immediately terminate
this Contract.
b) Termination for Cause . If, through any cause , the Contractor shall fail to fulfill in a timely and
proper manner the obligations under this Contract , or shall violate any of the covenants . agreements
or stipulations of this Contract, the State shall thereupon have the right to terminate this Contract for
cause by giving written notice to the Contractor such termination and specifying the effective date
thereof, at least thirty (30) days before the effective date of such termination . In that event. all
finished or unfinished documents, data , studies. surveys . drawings , maps , models , photographs . and
reports of other material prepared by the Contractor under this Contract shall , at the option of the
State, become its property , and the Contractor shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other materials .
Notwithstanding the above , the Contractor shall not be relieved of liability to the State for any
damages sustained by the State party by virtue of a breach of the Contract by the Contractor , and
the State may withhold any payments to the Contractor for the purpose of setoff until such ti me as )
the exact amount of damages due the State from the Contractor is determined .
c) Termination for Convenience . The State may terminate this Contract at any time that it
determines that the purpose of the distribution of monies under the Contract would no longer be
served by completion of the Project. The State shall effect such termination by giv ing written notice
of termination to the Contractor and spec ifying the effective date thereof, at least twenty (20 ) days
before the effective date of such termination .
8 . The Contractor shall adopt a resolution substantially in the form presented by the State , which
approves this Contract and authorizes a signatory to execute this Contract. A copy of such resolution
shall be attached to and made a part of this Contract.
9 . The contractor shall perform its duties hereunder as an independent contractor and not as an
employee . Neither the contractor nor any agent or employee of the contractor shall be , or shall be
deemed to be , an agent or emplcyee of the state , and they shall have no authorization , express or
implied , to bind the state to any agreements , settlements , liability , or understanding except as
expressly set forth herein . The contractor shall be responsible to the state for the ultimate results of
performance required hereunder but shall not be subject to the direction and control of the state as to
the means and methods of accomplishing the results . The specifications in this contract of particular
performance standards the state deems essential to proper performance and contract value shall in
no event be deemed to alter this relationship . Contractor shall pay when due all required
employment taxes and income tax withholding , including all federal and state income tax on any
moneys paid pursuant to this grar t contract.
Page 3 of 7 Pages
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a
The contractor shall provide and keep in force worker's compensation (and show proof of such
insurance) and unemployment compensation insurance in the amounts required by law, and shall be
solely responsible for the acts of the contractor, its employees and agents. The contractor
acknowledges that contractor and its employees are not entitled to the benefits of worker's
compensation insurance or unemployment insurance unless the contractor or a third party provides
such coverage and that the state does not pay for or otherwise provide such coverage .
10. The Special Provisions are attached hereto and hereby made a part hereof as terms and conditions of this contract .
Page 4 of 7 Pages
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IN WITNESS WHEREOF, the parties hereto have caused the foregoing contract to be executed by
their duly authorized officers the day and year first above written .
City of Englewood
Co:itractor. ---------
Position : Mayor/Commissioner
Contractor. C:1\&l::--
Position: Chief/Sheriff
APPROVED AS TO FORM :
City of Englewood
Attorney
ATTEST
City of Englewood
Clerk
FOR THE STATE CONTROLLER
ARTHUR L BARNHART
By :----------
GEORGE MCCULLAR. Controller
Colorado Department of Transportation
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STATE OF COLORADO
Bill OWENS, GOVERNOR
By :-------------
TOM E. NORTON
Executive Director
Colorado Department of Transportation
By :------------
TOM E. TALMADGE
Director of Staff Services
Colorado Department of Transportation
ATIEST
Chief Clerk
Colorado Department of Transportation
APPROVALS
KEN SALAZAR
Attorney General
By (WAIVED ON 4-17-98)
JAMES MARTIN
Assistant Attorney General
Civil Litigation Section
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SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
1 . This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant
as he may designate . This prov,s,on ,s app li cable to any contract involving the payment of money by the State .
FUND AVAILABILITY
2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being
appropnated . budgeted . and otherwise made available .
BONO REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction . erection. repa,r. maintenance. or
improvement of any building , road. bndge . viaduct, tunnel. excavation or other public work for this State. the Contractor shall . before
entering upon the performance of any such wo_rk included in this contract. duly execu1e and deliver to the State official who will sign
the contract . a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half
of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety conditioned
upon the faithful performance of the contract and in addition . shall provide that ,f the Contractor or his subcontractors fail to duly pay
for any labor. materials . team hire . sustenance. provisions. provender or other supplies used or consumed by such Contractor or his
subcontractor 1n performance of the work contracted to be done or fails to pay any person who supplies rental machinery. tools . or
equipment 1n the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified ,n the bond .
together with interest at the rate of eight per cent per annum . Unless such bond is executed . delivered and filed . no claim in favor of
the Contractor ansing under such contract shall be audited . allowed or paid . A certified or cashier's check or a bank money order
payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond . This provision 1s in compliance with CRS 38-26-
106 .
INDEMNIFICATION
4 . To the extent authonzed by law . the Contractor shall indemnify , save . and hold harmless the State . ,ts emp loyees and agents .
against any and all cl aims , damages. liabil ity and court awards including costs . expenses . and attorney fees incurred as a result of any
act or omission by the Con tractor , or ,ts employees . agents . subcontractors . or assignees pursuant to the terms of this contract .
DISCRIMINATION ANO AFFIRMATIVE ACTION
5. The Contractor agrees to comply with the letter and spirit of the Colorado Antidiscnm,nauon Act of 1957 . as amended . and other
applicab le law respecting discnmination and unfair employment practices (CRS 24-34-402), and as required by Executive Order , Equal
Opportunity and Affirmative Action , dated August 1987. Pursuant thereto . the following prov1s1ons shall be contained in all State
contractor subcontracts .
Ounng the performance of this contract , the Contractor agrees as follows :
(a) he Contractor w,11 not discnminate against any employee or applicant for employment because of race . creed . color , national
ongin . sex . manta! status . religion . ancestry, mental or physical handicap . or age . The Contractor will take affirmative action to
,nsure that applicants are employed . and that employees are treated during employment. without regard to the above mentioned
characteristics . Such action shall include. but not be limited to the following : employment upgrading. demotion or transfer.
recruitment or recruitment advertising; lay-offs or terminations : rates of pay or other forms of compensation : and selection for
training , including apprenticeship . The
Contractor agrees to post in conspicuous places . available to employees and applicants for employment. notices to be provided
by the contracting officer setting forth provisions of this non-discrimination clause .
(b) The Contractor w,11 . ,n all solicitations or advertisements for employees placed by or on behalf of the Contractor. State that all
qualified applicants w,11 receive consideration for employment without regard to race . creed . color, national ong,n . sex . marital
status , re ligion . ancestry , mental or physical handicap . or age .
(c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or
other contract or understanding. notice to be provided by the contracting officer. advising the labor union or workers'
representative of the Contractor's commitment under the Executive Order, Equal Opportunity and Affirmative Action , dated August
198 7, and rules . regulations. and relevant Orders of the Governor.
(d) The Contractor and labor unions will furnish all information and reports required by Executive Order. Equal Opportunity and
Affirmative Action of .A ·,gust 1987 . and by the rules . regulations and Orders of the Governor . or pursuant thereto . and will penmit
access to h,s books . racords. and accounts by the contracting agency and the office of the Governor or his des1gnee for purposes
of invest1gat1on to ascertain compliance with such rules regulations and orders .
(e ) A labor organ,zat ion w,11 not exclude any individual otherwise qualified from full membership rights in such labor organization. or
expel any such ,ndiv,dual from membership in such labor organization or discnminate against any of its members in the full
en1oyment work opportunity because of race , creed . color , sex . national origin . or ancestry .
Page 6 of 7 Pages
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(f) · A labor organization . or the employees or members thereof will not aid . abet. incite . compel or coerce the doing of any act defined
,n this contract to be discriminatory or obstruct or prevent any person from complying w,th the provision of this contract or any
order issued thereunder: or attempt. either directly or indirectly . to comm it any act defined in this contract to be discnm1natory .
(g) In the event of the Contractor's non-compliance with the non-discnm1nation dauses of this contract or with any of such rules .
regulations. or orders . lh1s contract may be canceled. terminated or suspended ,n whole or in part and the Contractor may be
declared ineligible for further State contracts ,n accordance with procedures . authorized in Executive Order. Equal Opportunity
and Affirmative Action of August 1987 and the rules. regulations . or orders promulgated in accordance therewith . and such other
sanctions as may be imposed and remedies as may be invoked as provided in Executive Orders . Equal Opportunity and
Affirmative Action of August 1987 . or by rules . regulations . or orders promulgated in accordance therewith . or as otherwise
provided by law .
(h) The Contractor will include the prov1s1ons of paragraphs (a) through (h) in every subcontract and subcontractor purchase order
unless
exempted by rules. regulations, or orders issued pursuant to Executive Order . Equal Opportunity and Affirmative Action of August .
1987, so that such provisions w,11 be binding upon each subcontractor or vendor. The Contractor will take such action with respect
to any sub-contracting or purchase order as the contracting agency may direct as a means of enforcing such provisions. including
sanctions for non-compliance : provided, however. that in the event the Contractor becomes involved in. or is threatened 'N1lh .
litigation. w ,h the subcontractor or vendor as a re ~ult of such direction by the contracting agency. the Contractor may request the
State of Colorado to enter into such litigation to protect the interest of the State of Colorado .
COLORADO LABOR PREFERENCE
6a. Provisions of CRS 8-17-101 & 102 for preference of Colorado labor are applicable to this contract ,f public works w1th1n the State
are undertaken hereunder and are financed in whole or in part be State funds .
b. 'Mien a construction contract for a public project is to be awarded to a bidder. a resident bidder shall be allowed a preference
against a non-resident bidder from a State or foreign country equal to the preference given or required by the State or foreign country
in which the non-resident bidder is a resident. If ii is determined by the officer responsible for awarding the bid that comoli ance with
this subsection .06 may cause denial of federal funds which would otherwise be available or would otherwise be incon sistent with
requirements of Federal law . this subsection shall be suspended. but only to the extent necessary to prevent denial of th e monevs or
to eliminate the inconsistency with Federal requirements (CRS 8-19-101 and 102).
GENERAL
7. The laws of the State of Colorado and rules and regu1ations issued pursuant thereto shall be applied ,n the ,nterpretauon . execution .
and enforcement of this contract . Any provision of this contract whether or not incorporated herein by reference which provides for
arbitration by any extra-1udiciai body or person or which ,s otherwise in conflict with said laws . rules . and regulations shall oe
considered null and void . Nothing contained ,n any provision incorporated herein by reference which purports to negate this or any
other special provision in whole or ,n part shall be valid or enforceable or available ,n any action at law whether by way of complaint.
defense. or otherwise . Any provision rendered null and void by the operation of this prov1s1on will not invalidate the remainder of this
contract to the extent that th e contract is capable of execution.
8. At all times dunng the performance of this contract . the Contractor shall stnctly adhere to all applicable federal and State laws . :ules . and
regulations that have been or may hereafter be established.
9. Pursuant to CRS 24-30-202.4 (as amended), the State Controller may withhold debts owed to State agencies under the vendor offset
intercept system for: (a) unpaid child support debt or child support arrearages : (b) unpaid balance of tax . accrued interest. or other charges
specified ,n Article 21 . n11e 39 , CRS : ~ unpaid loans due to the Student Loan Division of the Department of Higher Education ; (d) owed
amounts required to be paid to the Unemployment Compensation Fund : and (e ) other unpaid debts owing to the State or any agency
thereof. the amount of which ,s found to be owing as a result of final agency determination or reduced to judgment as certified by the
controller
10 The s,gnatones aver that they are familiar with CRS 18-8301 . et. seq .. (Bribery and Corrupt Influences) and CRS 18-8-401 . et. seq ..
(Abuse of Public Office ). and that no violation of such provisions is present.
11 . The signatories aver that to their knowledge . no State employee has any personal or beneficial interest whatsoever 1n the service or
property descnbed herein :
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COLORADO DEPARTMENT OF TRANSPORTATION
LEAF CONTRACT ATTACHMENT A
LEAF OBJECTIVE PLAN
I LEAF project • L-29-02 I Responsible Agencv Englewood Police Department
Contract Period 1-1-02 through 12-31-02 I Project Coord inator Division Chief Robert Moore Ill
LEAF Objective:
L-29~2: To increase and improve the enforcement of the laws pertaining to alcohol and drug related
traffic offenses within the City of Englewood by performing dedicated DUI enforcement and activities
described in the Approved Application and summarized below .
Actlvltv #
1
2
3
4
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Activity Description
Provide officers through out the term of this contract to perform dedicated DUI/DRE
enforcement duties and activities within the City of Englewood as stated in the
Approved Application.
Conduct at least two sobriety checkpoints or saturation patrols during 2002 . This can
be in cooperation with a nearby agency , the State Patrol or solely by the Englewood
Police Department.
The Englewood Police Department will be actively involved in CDOTs DUI
enforcement public awareness campaign by participating in the joint efforts . This
includes , but not limited to , obtaining media interviews and media outreach , hosting
media ride alongs and similar activities . The Englewood Police Department will
report back the requested data to COOT by the specified times .
Make all reasonable efforts to increase the DUI alcohol and drug related arrests
within the Englewood Police Department by 20% from the 2001 level.
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COLORADO DEPARTMENT OF TRANSPORTATION
LEAF CONTRACT ATTACHMENT B
LEAF REPORTING CRITERIA
LEAF Project• L-29-02 -Englewood Police Department
1). Each quarter the Contractor shall submit a report to the Office of Transportation Safety in
accordance with the LEAF Contract Management Manual . The Quarterly Reports will state all activity
accomplishments as required by Contract Number L-29-02 during the reporting period. The
Englewood Police Department will use the provided LEAF Grant Manager software package when
compiling data and submitting the required reports . All recipients are required to use the software so
the Colorado Department of Transportation can better manage the statewide LEAF program .
2). No payment for cost incurred during the reporting period will be reimbursed by the Office of
Transportation Safety if such Quarterly Reports are not current or are not compiled using the LEAF
Grant Manager software program .
3). Upon completion of all LEAF activity the Englewood Police Department will submit a Final Report
in accordance with the LEAF Contract Management Manual.
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COLORADO DEPARTMENT OF TRANSPORTATION
LEAF CONTRACT ATTACHMENT C
LEAF Project# L-29-02 -Englewood Police Department
REVENUES
TOTAL LEAF Funds
$33,000
EXPENSES
Category LEAF Funds
Personal Services $33 ,000
Operating expenses $
Capital equipment $
Travel expenses $
TOTAL $33,000
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DATE
NOi ember 5, 2 00 I
INITIATED BY
Saiet Services D e artm e nt
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COUNCIL COMMUNICATION
Agenda Item Subject
10 a i\ La\, Enfo rce m e nt Assis tance
Fun d G rant
STAFF SOURCE
Bo b M oo re, Pat rol O e rati o ns Di\ isi o n C hi ei
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
C o un ci l has approved the City's partici pati o n in th e LEA F G rant D U I p r eve nti o n program evera l
tim es in ea rs past, m os t recently 199 7.
RECOMMENDED ACTION
Staii e ks Cou n ci l support for a bill for an o rd inan ce app rovi ng th e Law En fo rce m en t Assis tance
Fund (LEAF ) co ntrac t L-29 -02, enabling th e City o i En glewood to en ter int o a co ntrac t w ith the
Colo rado tal e D epartment of Tr ansp o rt ation grantin g th e Citv m o nev to b e us ed b\' th e
D epart men t of Sa f ety Services fo r D U I detecti o n an d enfo rce m en t.
BACkGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Th propos d o rdinan ce wo uld allow th e D epa rtm e nt of Safe ty Serv ices to accep t LEAF g rant
111011 , to r use in th e detec ti o n and apprehensi o n o f D I dri ve rs \\ 1thin th e Ci ty o i Englewood. The
Engle\\ ood police, in accordan ce w ith state m o to r , eh icle la\, s, and \~ ith th e pres en ation o t life
and prop rt\ 111 111111d . ac tl\ el , im es ti ga t e D I \ 1o la11 o ns \\ ith th e in t ent o i remO\ mg drunken
dm r trom th e ity's stree ts. A cep t<1n ce 0 1 LEAF g rant m o nev enables th e d partmen t to
enhanue its D I enior em en t efforts b\ allO\\ ing th depa rt men t to pa, to r and dedica t e m o re
o mcers and qu1p men t to thi s apprehension eiio rt.
A t the prese nt tim e, app rehe nsi o n effo rt s d ep end o n offi e rs stm 1ng to det e t D I d ri\ e r s b etwe en
o th r p-tr o l-rela t ed ass ignments . LEAF grant m o n ev will all ow th e depa rtm en t to deplov
Engle\, ood o ffi ers o n an o e rtim e basis spec1ficall, t o d etec t and apprehe nd D I dri\ ers .
The pa sage o f th is o rdinance h o uld have no long-range impac t o n o th er Ci t, d partments. The
o rdinan Le ,~ a req u ir ement o i th e grant pro ess .
FINANCIAL IMPACT
No lo -al agenc matc h funding is required by thi s contrac t ; neverth ele s, o ur agenq has pl edged
to pro, ide an in-kind m atc h consisting of th e anti ci pated grant -genera ted inc rease in co urt ove rtim e
cos ts and participation in at least two spe c ifi c D U I sa turati o n patro ls o r D I died.points . Th e to tal
es ti ma ted ad ditio nal cos t to th e c ity is ab o ut $3,000 .
LIST OF ATTACHMENTS
Propo~e d O rdin ance
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ORDINANCE NO ._
SERIES OF 2001
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BY AUTHORITY
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COUNCIL BILL NO. 62
INTROD uCED BY COUNCIL
MEMBER GARRETT
AN ORDINANCE APPROVING AN ENCROA CHMENT PERl\l!T AND INDEMNITY
AGREEMENT PERTAINING TO A RETAINING WALL IN THE PUBLI C 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 retaming wall in the City's public
Right-Of-Way along South Grant Street a djacent to the property located at 302.t
South Grant Street without obtaining the proper permits : a nd
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 in its present location ; a nd
WHEREAS , the City of Englewood received an application for an encroachment
permit from the Owner of 3024 South Grant Street for a retairung wall : a nd
V. HEREAS . approval ofthi s Ordinance will authorize a n '·Encro ac hm e nt Pe rmit
And Indem nity Agreement" formally recognizing the dimensions of the e n cr oachm e nt;
:,JOW. THEREFORE . BE IT RESOLVED BY THE CITY CO ;'JCIL OF THE
CITY OF ENGLEWOOD , COLORADO , THAT:
Sectjon l. An encroachment for a twenty-seven inch (27'") high retammg wall . as
measured from the back of the sidewalk and constructed three feet (3') into the City's
Right-Of-Way as identified in "Exlubit A," is hereby granted .
Section 2. The "Encroachment Permit And Ind emnity Agreement" attached h er eto
as "Exhibit A." is hereby accepted a nd appr oved by the City Co uncil of t h e City of
Englewood . Colorado .
Introd u ced , read in full. and passed on first reading on the 15'h day of October.
2001.
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Published as a Bill for an Ordinance on the 19th day of October, 2001.
Read by title and passed on final reading on the 5th day of November, 2001.
Published by title as Ordinance No .~ Series of 2001, on the 9th day of
November, 2001.
Thomas J . Burns , Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
.,
I. Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado , he r eby ce rtify
that the above and foregoing is a true copy of the Ordinance passed on fin a l r ea ding
and published by title as Ordinance No ._, Series of 2001.
Loucrishia A. Elli s
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ENCROACHMENT PERMIT A .. '1D INDEM:slTY AGREEMENT
THIS AGREEMENT . made tlus .dJay of ~ l'V1)~00l. betwee n the
CITY O F E:siGLEWOOD . Co lorado , a municipal co or:itton . and RO BERT J . AR..\GO :si . the
owne r of a cert:11n parcel of real property legally describes as :
South 1/8 of Lot 6 . all of Lot i , and the :--:orth 3/8 of Lot 8 m Bloc k 5 Strayer s
Broadway Heights
and co mmonly known as : 302.\ South Grant Street
Englewoo d. Colo rado 8 0ll 0
The C ity of Englewoo d . Colo rado. hereby grant s to c;aid owner of the pro perty a t t he above
described loca tion permission t o :
Install :i concrete retammg wall LO fr ont of the s ub1ect address =media tely ad1acent
t o the s idewalk along So uth Grant Street. The height oi t he wall m ay be n o lughe r
that twenty-c;e ven inches (27") as m e a sur ed .rom t h e back of the walk .
Tlus 1s a n encroachm e nt of t hree feet (3') mto hoe Ci t y R1ght-O i -\"ay on South G r ant Str eet.
The aforesaid propert y owner and his he ir s a n d assigns u n de r sta n d a n d agree that:
l. That t he r e tauung wall we r e co n s truct ed by t h e Ow n e r without o btammg t he
required permits and varia n ces . Tlus e n cr oa chment 1s there fo re condmo n ed c>n t h e
Owner's p ay m e nt of all permit fees . penalties and fin es due the Cit y fo r the
construction of this retaining wall.
2 . That h e pro p e rty owner shall obtain rh e n ecessar:: ,•ar.ances and pe r mi ts required
pnor to con s tructing a ny fences or reta ining walls m t h e publlc R1gh -Of-Way an
s hall comply w ith all zo rung and butldmg regulation s 'or tlus zon e d1stn t.
3 . That t his permiss10 n is revoca b le at will and without cause by the City o f Engl e woo d
without heanng a nd without notice other than ~ot1ce of Revocation .
.\. That t he property owner shall rem ove the retammg wall and fence fr om the publlc
Right-Of-Way w1tlun trurty (30) days after receiving ~otlce of Revocation by pe r so na l
sel"Vlce or ce r tified mail .
5 .
6 .
7.
That if the C it y ever determines that improvements need to be ins t a lled alo ng Grant
that may impact the wall. that the prop e rty owner s hall be respon s ibl e fo r any
increased costs incurred by the City for removmg or workmg around the reta1rung
wall .
That the property owner are estopped to deny the nght of the C ity of Englewood.
Colorado, to revoke the Encroachment Permit or to deny the property nghts of said
City .
That the property owner agree to reimburse and indemnify the City of Englewood.
Colorado. for all neceaaary expenses of whatever nature that may be incurred in
revokin1 tlua Permit, removing the structure placed 10 the public R ight-Of-Way , or
any other expense aa a result of granting the Encroachment Permit .
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8 . That the property owner shall mamtain 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
Director 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.
l. WIT:s!ESS WHEREOF , the parties have set their hands the day and year first wntten
above.
CITY OF ENGLEWOOD
a murucipal corporation
ATTEST:
By :
Thomas J . Burns. '.\1ayor
By:-------------------
Loucr1sh1a A. Ellis , City Clerk
PROPERTY OW~R
STATE OF COLORADO
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COt::siTY OF ) 1'tf
The ~~ment was acknowledged before me thisJ.~ day of ---~--~.._._{_~.-.. ..... -..& .. F&. ...... ~--· 2001 , by Robert J . Aragon as the property owner of
302-1 South Grant Street. Englewood , Colorado 80ll0.
My Co mm1ss1on expires :
Ptw/vN. ~
Notary P ablk(___
....s:iq,_-4~~~~U~OC~N.~D~A~N~'G:-~
NOTAIY PUBLIC
STAT! OP COLORADO
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ORDINANCE NO._
SERIES OF 2001
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BY AUTHORITY
COUNCIL BILL NO . 6i
INTRODUCED BY COUNCIL
MEMBER GARRETT
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 Council of the City of Englewood , Co lora d o,
under the Englewood Home Rule Charter and Colorado Revised Statutes, to make the
annual levy for City purposes ; and
WHEREAS , the City Council has duly considered the estimated valuation of all the
taxable property within the City and the needs of the City and of each of said levies
and has dete rmined that the levies as hereinafter set forth , are proper and wi se ; and
WHEREAS, the following levies are permitted under Article X, Section 20 of the
Colorado Co nstitution without a vote by the citizens;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO. AS FOLLOWS :
Section l. That there be and hereby is levied for the year of 2001. due and payable
as required by statute m the year 2002 , a tax of 5.880 mills on the dollar for the
General Fund of the City of Englewood, Colorado, and l.020 mills on the dollar for the
Community Center Bond Fund Debt Service Fund of the City of Englewood , Colorado .
That the levy herein above set forth shall be levied upon each dollar of the assessed
valuation of all taxable property within the corporate limits of the City of Englewood .
Colorado, and the said levy shall be certified by law .
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.
Read by title and passed on final reading on the 5th day of November, 2001.
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Published by title a s Ordinance No .~ Series of 2001 , on the 9th day of
November, 2001.
Thomas J . Burns, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
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I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado , hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by title as Ordinance No ._, Series of 2001.
Loucrishia A. Ellis
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ORDINANCE NO._
SERIES OF 2001
BY AUTHORITY
COUNC IL BILL NO . 6
!NTROD ·cED BY CO NC IL
MEMBER GARRETI
AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD .
COLORADO, FOR THE FISCAL '{EAR 2002 .
WHEREAS, pursuant to t h e provisions of Part I of Article X of the Charter of the
City of Engle wood , Colorado, a budget for the fi scal year 2002 was duly submitted by
the City Ma nager to the City Council on Se ptember 13 , 2001 ; and
WHEREAS , a public hearing on the said budget wa s held by the City Counci l
within three weeks after its s ubmission at t h e meeting of the City Council on
September 17 , 2001 , regular notice of the time a n d place of said hearing h aving been
publis hed within seven days after submission of the budget in the manner provide d in
the h a rter for the publication of an ordinance; and
WHEREAS , the City Co uncil of the City of E n glewood has studied the budget on
num erou s occasions ; and
WHEREAS . it is the intent of the City Co uncil to a dop t the 2002 budge t a s now
s ubmitted ;
NOW , THEREFORE. BE IT ORDAINED BY THE C ITY CO NCIL OF T HE C ITY OF
ENGLEWOOD , CO LORADO . AS FOLLOWS :
ectjon 1. That the budget of the City of Englewood , Colorado. for the fi sca l ye ar
2002 , as s ubmitted by the City Ma n ager and duly co nside red by the Ci ty Council afte r
public hearing, be a nd hereby is adopte d as the budge t for the City of Englewood for
the fiscal yea r 2002 .
Section 2. GENERAL FUND 2002 BUDGET
Total Fund Balance , January l , 2002 $ 6 ,502 .352
Revenues
Sales/Use Tax 25 .050,000
Property and Spec ific Ownership Tax 2 .700,000
Fra nchise/Occupation/Cigarett e Tax 2 .52 ,000
Li ce nse/Permits 8 3 -1.990
Intergovernmental Revenue 1,350,:!6 -t
Charges for Services 1,5-15 ,8 53
Cultural & Recreation 1,357 ,970
Fines & Forfeitures 9 39 .78 5
Miscellaneous 49 1 000
Total Re,·enues $ . 6 .797 . 62
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Expenditure
Legi s la tion
City Atto rney's Offi ce
l\l urucipal Court
City Ma nage r's Office
Human Reso urces
Finance a nd Adminis trative Services
Information Technology
Public Works
Safety Services
Comm unity Deve lopmen t
Library Services
Parks and Recreation Services
Co ntingencies
De bt Service
T otal Expenditures
Total Fund Balance , December 31 , 2002
Sectjon 3. DEBT SERVICE F UNDS
Community Center Bond Debt Service Fund
Fund Balance . January 1, 2002
Revenues
Expenditur s
Fund Ba lance , December 31 , 2002
Pavmg Djstrjct #35 Debt Seryjce Fund
Fund Balance, J a n u ary 1, 2002
Revenues
Expenditures
Fund Ba la nce, D ece mber 3 1, :.!002
Pavi ng Di stri ct #3i Debt Seryjce Fund
Fund Ba la nce. J a nuary 1, 2002
Exp enditures
Fund Balance. De ce mbe r 3 1, 2002
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200 ? Bl .DGET
-11 3.002
72 2. 72
00.-129
703 . 3 2
6 72 .02-1
l.696 . 56
1,475 ,3 10
5, 193.i 56
15.09-1 , 109
1.935 .-1 32
1,251.:W-1
4 , 02 .526
O.i 5
l 87 :I 200
S 36,7 16 ,370
S 6.:;83,8-14
s 55 ,3 13
s -1 30 .000
s -1 6;;.970
s 19 .3 -1 3
s <156.2 4>
s -l:.!,52 -1
s l:.!. 5
$ <126,6-1 5>
s 6 46
s 3 .3 74
s 3 ,900
s 120
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Pavjng D1;:trict #38 Debt Servjce Fund
Fund Ba la nce. January 1, 2002
Reve nues
Expenditures
Fund Balance . December 31. 2002
Concrete Replacement District J 995
Fund Balance, January 1, 2002
Revenues
Expenditures
Fund Balance. December 31 , 2002
Section 4 SPECIAL REVENliE FUKDS
Conservation Trust Fund
Fund Balance, January 1, 2002
Revenues
Expenditure
Fund Balance. December 31. 2002
Commercial Revohdng Loan Fund
Fund Balance, January 1, 2002
Revenues
Expe nditures
Fund Ba lance , December 31 , 2002
Co mmumt v De,·e!opmenr. Fund
Fund Bal a nce , January 1, 2002
Revenues
Expenditures
Fund Balance, De ce mber 3 1. 2002
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2002 Bl 'PGET
s 10.597
s 6 9 ,016
$ 78.200
s l .~ 13
s <23.690>
s 6 .12 0
s ~.152
s <21.422>
s 16 .801
s 3 13,000
s 250.7 00
s 79,101
s l 72,056
$ 10,800
s 25,-100
s 157,45 6
s -0-
s 150.000
150,000
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Donors Fund
Fund Ba lance. January 1, 2002
Revenues
Expenditures
Fund Balance. Dece mber 3 1, 2002
Sectio n 5 CAPITAL PROJE T FU:-;D
Public Improvement. Fund
Fund Ba la n ce, January 1, 2002
Reve nues
Expenditures a nd Tran fe r s
Fund Bala nce, December 31. 2002
Capital Pr ojec ts Fund QrYCP J
Fund Ba la nce. January 1. 2002
Revenue -a nd Tra ns fer s In
Expend itures
Fund Dalan~ . D.,c.,mber l , 200::?
Sect10n 6 l:S:TER:\'AL SER\1 CE n ::s:D '
Ser n wme r Fund
Funds .-\,·ailable. January l. 2002
Re venues
Expe n ses
Funds Available. Dece m ber 3 1. 2002
Capna ) Equ,pme nt Replaceme nt Fund
Funds .-\va1bble , January 1, 2002
Rev nues
Exp,mses
Funds .\vailable. Dece mb er 3 1. 2002
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200·> BUDGET
S 1.1 58, 725
S 17 3.800
$ 240 ,720
$ 1.091 ,805
s l.0-l 'i .669
$ 3,-12:UOO
S -l .0 16.400
s 453 ,669
562 .-1 '7
s 1,629 .500
s 1,50-l .500
"' 6 7 .18 ".'
$ 1.2 5 .016
s 1,533 .6.Ji
$ 1,506 ,0 5
$ 1 , 12 .5 78
$ 922 .-1 37
$ 8 73. 733
s l.051.264
7.J 1.906
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Central Services Fund
Funds Available, J a nuary 1, 2002
Revenues
Expenses
Funds Available, December 31 , 2002
Ri sk Management Fund
Funds Available , January 1, 2002
Re,·enues
Expenses
Funds Available, Dece mber 31 , 2002
Employee Benefits Fund
Fund-Available, J a nuary 1, 2002
Reve nu es
Exp e n ses
Funds Avai lable , Dece m ber 3 1, 2002
Sec ti on i ENTERPRISE FCNDS
Water Fund
Funds Av ailable , January 1, 2002
Reve nues
Expenses
Funds Available. December 3 1, 2002
Sewer Fund
• Funds Available , J a nua ry 1. 2002
Reve nues
Expen es
Funds Available , Dece mber 3 1, 2002
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s 12-1 ,093
s 35 1.000
s 35 1,095
$ 123.998
$ 467 .7 -I C.
s 55,661
s 6-1 .3 59
s 459 ,047
s 571.23 -1
s 3 ,-13 7 ,2-12
S 3 , ';-1 ,:l I S
1 3 .961
S -1 ,076,130
• 5 ,665 ,8 1 1
$ i ,228 ,750
$ 2 ,513 ,19 1
S 18 ,866 .8 3
S 6 , 1 5 ·J ·J
S 12 ,3 3 ,369
SI2 .668 ,796
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Storm Dramag e Fund
Funds Available. January 1, 2002 s 562 .06
Revenues s 159 ,000
Expenses s 258. 36
Funds Available. Dece mber 31 , 2002 s 462 ,232
Golf Course Fund
Funds Av a ilable, J a nua r y 1, 2002 s 1.008 ,5 70
Revenues s 2.019,300
Expenses $ l.990.H3
Funds Available. Dece mb er 3 1, 2002 s 1,0 37.42 7
Concrete Utiiitv Fund
Funds Available, J a nuary I. 2002 s 605.510
Rev enues $ 525 ,000
Expenses s 702.4 I 2
F und s Available , Dece mbe r 3 1, 2002 s 428 .098
Housing Rehabjljtatjon Fund
Funds Available . J a nuary 1, 2002 $ 1,-1 30 ,32
Re ve nues $ 1,2 18.500
Expenses s 1,21 ,500
Funds Avail a ble, Dece mbe r 3 1, 2002 s 1,430,328
Section 8 FIDUCIARY F UNDS
Malley Center Trust Fund • Fund Ba lance , J a nua r y I , 2002 $ 382 ,7 33
Revenues ~3 .000
Expenditures s 20 .000
Fund Balance, Dece m be r 31. 2002 s ~05 , 733 I • 0 •
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Park s and Recreatjon Tru st Fund
Fund Bala nce , January 1, 2002
Revenues
Expenditures
Fund Balance. Dece mber 3 1, 2002
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Special i\ssessment Surplus & Deficiency Fund
Fund Balance, January l, 2002
Revenues
Expenditures and Transfe r s
Fund Balance, December 31 , 2002
Sectjon 9 JOINT VENTURES
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2002 Bl 1DGET
$ 150.925
$ l.J .000
$ 4 . 07
$ 160.11
s 153 . ii
s 37.670
s 55. 00
$ 135,7-!7
LITTLETON/ENGLEWOOD WA STEWATER TREATMEm PLAl\iT
JOI NT VENTURE
Funds Available , January l , 2002 s 11 5 ,674
Revenues $1 7 ,355 ,573
Expe n ses $1 i ,355 ,57 3
Funds Available , Dece mb e r 3 1, 2002 s ll 5 ,6i I
Sectjon 10 . That the said bud get s ha ll be a public r ecord in the offi ce of t h e City
Clerk a nd s h all be open t o public insp ection . Sufficient copies thereof s h a ll b e m ade
ava ilable fo r the use of the Ci t y Co uncil a nd the public, the numbe r of co p ies to be
determined by the City Ma nage r .
In trod uced , r ead in full , a nd passed on fir s t re a ding o n the 15th day of October,
200 1 .
Publis hed as a Bill for a n Ordina nce on the 19th day of October, 200 l.
Read by title and passed on final r eading on the 5 th d ay of Nove m be r , 2001.
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Published by title as Ordinance No. __ , Series of 2001 , on the 9th day of
November, 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.
Loucrislua A. Ellis
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ORDINANCE NO._
SERIES OF 2001
BY AUTHORITY
COU~CIL BILL NO . 69
INTRODl..:CED BY COL11 ·c1L
MEMBER GARRETT
AN ORDINANCE APPROPRIATING MONlES FOR ALL MUNICIPAL P URPOSE S IN
THE CITY OF ENGLEWOOD , COLORADO , IN THE FISCAL YEAR BEGINNING
JANUARY 1, 2002, AND E:-JDING DECEMBER 31. 2002. CONSTITUTING WHAT
IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2002 .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS :
Sectjon 1. That there be and there hereby I appropriated from the reve nu e derived
from taxation in the City of Englewood , Colorado, fr om collectio n of license fe es a n d
from all other sources of reve nue mcludmg availab le fund balance during the year
beginning January 1. 2002 . and ending Dece mbe r 3 1. 2002 , the a mounts here in afte r
set forth for the object and purpose peclfied and set oppo site thereto. spec1fically as
follows :
Legislation
City Attorney's Office
Municipal Court
City '.\1anager's Offi ce
Hu.man Resource s
GENERAL FUND
Finance and Admirustra t1ve Services
Information Technology
Public Works
Safety Se?'Vlce s
Community Development.
Library Services
Parks and Recreation Services
Contingency
Debt Service
Total General Fund
$ 413 .002
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00.429
703 . 32
672 ,02.J
1 .696 . 56
l.4i5 .310
5 ,19 3 .756
15 ,094 .109
1,9 35.4 32
1,251 ,26.J
4 .802 .526
80,758
I 8i4 200
$ 36, 716 ,3 i0
COMMUNITY CENTER BOND DEBT SERVICE FUND
Total Community Center Debt Service Fund $ 465 ,970
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PAVING DISTRICT #35 DEBT SERVICE FU<P
Total Paving District #35 Debt Serv,ce Fund
PAVING DISTRICT #37 DEBT SERVICE FUND
Total Paving District #37 Debt Sen"ice Fund
PAVING DISTRICT #38 DEBT SERVICE FUl\'D
Total Paving District #38 Debt Sen,ice Fund
S 12,885
s 3 ,900
s i8.200
CONCRETE REPLACEMENT DISTRICT 1995 DEBT SERVICE FUND
Total Concrete Replacement District 1995 Debt Service Fund s -1 ,152
CONSERVATION TRUST FUND
Total Conservation Trust Fund s 2 50 .iOO
COMMERCL.\L REVOLVING LO;\N FUND
Total Commercial Revolving Loan Fund s 25 ,-100
COMMUNITY DEVELOPMENT FUND
Total Community Development Fund s 150.000
PQKORS FUND
Total Donors Fund s 240.i20
PUBLIC IMPROVEMENT FUND
Total Public Improvement Fund $ 4 ,016,-100
CAPITAL PROJECTS rnND CMYCP)
Total Capital Projects Fund $ 1,50-1 .500
SERVICE!\'IER flll\'P
Total Serv1Center Fund s 1,506.085
CAPITAL EQlITPMENT REPLACEMENT Fl ·Np
Total Capital Equipment Replacement Fund $ 1,051 ,264
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CENTRAL SERVICES FUND
Total Central Services Fund
RISK MANAGEMENT FUND
Total Risk Management Fund
EMPLOYEE BENEFITS FUND
Total Employee Benefits Fund
WATER FUND
Total Water Fund
SEWER FUND
Total Sewer Fund
STORM DRAINAGE FUND
Total Storm Drainage Fund
GOLF COURSE FUND
Total Golf Course Fund
CONCRETE UTILITY FUND
Total Concrete Utility Fund
HOllSING REHABILITATION FUND
Total Housing Rehabilitation Fund
MALLEY CENTER TRUST FUND
Total Malley Center Trust Fund
PARKS AND RECREATION TRUST FUND
Total Parks and Recreation Trust Fund
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$ 35 1.095
s 86-1 .359
S 3 .8 7-1 ,515
S 7.228, 75 0
$ 12.383.369
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s 258 ,836
S 1.990.443
$ 702.412
$ 1,218 ,500
$ 20,000
$ 4 ,807 I • 0
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SPECIA.L :\SSESSMENT Sl.'RPI l 'S & DEFICIENCY FUND
Total Special As sessment Surplus & Defici ency Fund $ 55 ,800
LITTLETONIE~GLEWOOP WASTEWATER TREA.TME~T PL-\NT
JOINT VENTl/RE Fl ;ND
Total Littleton/Englewood WWTP Joint Venture Fund $ 17 .355.573
Section 2 The foregoing appropriations s hall be considered to be appropriations to
groups within a program or department within the fund indicated but shall not be
construed to be appropriated to line items withm any groups , e\'en though s uch line
items may be set forth as the adopted budget for the fiscal year 2002 .
Sectjon 3. All monies in the hands of the DU"ector of Fmancial er\'lces. or to come
into the Director's hands for the fiscal year 2002 , may be applied on the o utsta nding
claims now due or to become due in the sa1d fiscal yea r of 2002 .
Sectjon 4 All unappropnated monie s that may co me mto t he hands of the 0U"ector
of Financial Services durmg the year 2002 , may be so d1stnbuted among the re pect1\'e
funds herein as the City Council may dee m be st under uch co ntrol as 1s pro\'lded by
Jaw.
Sectjon 5. During or at the close of the fiscal year of 2001. :rny s urplus ma n y m
any of the respective funds , after all claims for 2001 agamst th ame have been paid ,
may be distributed t o any other fund or fund s at the di screti on of the 1ty Cou nc1l.
Introduced, read in full , and pa ssed on fU"st readmg on th l 5'b day of ct o ber .
2001.
Published as a Bill for an Ordmance on the 19th day of Oct0ber, 2001.
Read by title and passed on fmal readmg on t he 5th day of :>:ovember . 2001.
Publiished by title as Ordinance No .~ Series of 2001 , on the 9th day of
November, 2001.
ATTEST :
Th omas J . Burns. Mayor
Loucrishia A. Ellis, City Clerk
1, Loucrishia A. Elli s. City Clerk of the City of Englewood , Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by title as Ordinance No . _, Series of 2001.
Loucrishia A. Ellis
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ORDINANCE NO ._
SERIES OF 2001
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BY ACTHORITY
coL·:-..:c IL BILL :-..:o . 70
1:-.:TROD CC ED BY cou :-.:c IL
ME:\!BER GARRETT
AN ORDINANCE A.MENDING TITLE 2. OF THE ENGLEWOOD .\I CNI CIPAL
CO DE 2000 BY THE .ADDITION OF .A :--IE\V CHAPTER 12. EST.-\BL!SHING .A
TRA NSPORTATIO N AD\tlSORY COM!\IITTEE FOR THE CITY OF E:--IGLEWOOD ,
CO LORADO .
WHEREAS , traffic enforcement and the effect of traffic to the n eighborhood a nd
businesses a r e important to the very esse nce of the City of Englewood's co mmunity ;
a nd
WHEREAS . the City Council recognizes the importance of c1t1ze n m,·ol\'e ment m
establishing the vis ion s. poli cies a nd proced ures of t he city ; and
WHEREAS . citize n in\'Ol \'e me nt will pro,;de valuable g uid ance to t he City Cou n cil
and the Public Works De pa rtm ent on how to focus the City"s ene rgi e a nd effo rts on
t r ansportation analysis , mitigation strategies and transpo rtat10 n 1mpro,·ement;
NOW , THEREFORE. BE IT ORDAJ:-.:ED BY THE C ITY coc:,.; IL OF THE C ITY
OF ENGLEWOOD , COLORADO . AS FOLLOWS :
Sectjon I . The City Council of the City of Englewood he r eby appro\'es amendmg
Title 2. of the Englewood Municipal Code 2000 . by addmg a new Chapter 12 .
establi shing the Transportation Advisory Committee. whi ch s hall read as follow
2-12: TRANSPORTATION ADVISORY COMMITTEE:
2-12-1: PURPOSE: The Transportation .-\dvisorv Committee 1s esta bli s h e d as an
advisorv co mmittee focus ed on trans portauon iss ues m the C1tv of Englewoo d . Th e
Tran,portat1on Adv1sorv Committee s hall at a ll times seek to promote close
cooperation between the C1tv Council other Ci tv boa rd s a nd co mm1 s. ions Ci t"
departments mdiv1duals bu sm esses m st1tut10 ns and a ge n cies co nce rned with
transportation related activines to the e nd that all s uch group . w1thm the Ci t\'
n eds to be considered and coo rdma ted m orde r t o sec ure the greates t public welfare .
In all deliberations . the Comm ittee s hall tr,· to r eco gnize the relau on s hm betwe n
tra n portauon and economics energ:y safetv land u se ne ighborhood mtegrm·,
environm e ntal qualitv and emergenc,• re s pon e times; and s h a ll co ns ider
tran portatjon access to health care e mpl ovment. ed ucation ho usi ng. bu s m es. a nd
co mm erce and recreational fac1ht1es .
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2-12-2: COMPOSITION AND MEMBERSHIP: The Co mmittee will be
co mpri sed of five /5) members a ppointed bv Citv Co unci l and t hree (3) ex-o ffi c10 s t aff
members appointed bv the Citv l\fanager .
2-12-3: TERMS OF MEMBERS: Members will be a pp omted to overlapping
terms of two /2) vears . The Ci tv Co unci l s ha ll ma ke appointm e nt s to fill ,·aca nc1e s
for unexpired terms.
2-12-4: COMPENSATION:
~. The members of the Co mmittee s hall se rve without co mp e nsation .
~ Reasonable exp e nses directlv related to performing the duties of the
Committee s hall be allowed .
2-12-5: POWERS AND DUTIES:
The Trans portat10n Ad viso n · Co mmittee sh a ll have the fo ll owmg powers and duties:
Qs Act as a co nduit of com mu111 cat1o n between the Ci t,· and the co mmunitv a nd
gather and assess the 111form at10 n necessary to make so und a nd co n s is t e nt
recommendations to the Citv for transportation stud1e .. mit1gat1 on strategi es
and transportation improvements.
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Review monitor and sugges t recommendations for C1tv transportat10n
matters including but not limited to : str eet and h1ghwaY s. bus and rail
service provision for the needs of t he mob 1!itY impaired . bic,·cle a nd
pe de strian traffic: transportation svste m ma n age ment and r es idential
permit parking within the Cit,·.
Make recommendations regardmg the a ll ocation of funds for capital
e xpenditures related to roadwav and transportation improvem ents.
Review monitor and recomme nd han s to mu111 c1 al ordina n es in nde d
to preve nt or abate situations that are de emed detrime ntal to the h ealth
safetv and welfare of the co mmumtY as provided primarilv m Title I I of the
Municipal Code . The Committee ,hall make reco mm endations to the Citv
Council for the addition. deletion a nd reYISIOn oi ordma nce ..
Review . monitor and r ecommend changes t o the C1tY Transportation Element
of the Co mprehe n si ve Pl an th C11.v Transport a tion .-\cuon Plan and the
Traffic Cal m mg Policies and Proce dures :\1anua l.
Review and suggest reco mmendauons for pl ace me nt and e nforce me nt of
warning r egulatorv a nd gUJde s igns on C1tv str eet ..
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Perform such other duties as mav be referred to the Transportation Advi sorv
Committee bv the City Council.
2-12-6: APPOINTMENT OF OFFICERS AND ADOPTION OF RULES:
~ The Committee shall organize adopt administrative rules and procedure s
and elect from its members such officers as it s hall deem nece ssarv to
accomplish its purposes. Officers of the Committee shall be elected for a on e
vear (1) term. No officer shall serve in the same capacitv for more than tw o
(2) consecutive terms.
~-The Chairperson may appoint su ch standing or s peci a l Sub-Committees fr om
the membership of the Committee as the Committee shall determine
necessary or useful in carrying out its purposes and powers. The purpose
term and members of each Sub-Committee s hall be determined bv the
Chairperson.
Section 2. Sunset Pronsion . The Tra nsporta tion Advi sor y Co mmittee a nd the
provisions of Title 2, Chapter 12 . s ha ll terminate in two (2) yea r s unless the
Committee and the provision s of Title 2, Chapter 12 . are ren ewed by Council
Ordinance.
Section 3. Safety Clauses The City Co uncil , hereby find s , determines . a nd
declares that this Ordinance is promulgated under the general police powe r of the
City of Englewood, that it is promulgated for the he a lth, safety , and welfare of the
public, and that this Ordinance 1s nece ssary for the preservation of health a nd safety
and for the protection of public converuence and welfare. The City Council furthe r
determines that the Ordinance bears a rational relation to the prope r legislative
object sought to be obtained.
Section 4 . Seyerab1lity If any clause , sente nce , paragraph . or part of th1
Ordinance or the application ther eof t o any person or circums t a nce s s hall for any
reason be adjudged by a co urt of competent j uri diction invalid , s uch judgment s h a ll
not affect impair or invalidate the remainder of this Ordinance or its application to
other persons or circumstances.
Section 5 Inconsistent Ordinances All othe r Ordinances or portions ther eo f
inconsistent or conflicting with this Ordinance or any portion hereof a r e h er eby
repealed to the extent of s uch inconsistency or co nfli ct .
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Sectjon 6. Effect of repeal or modjfjcatjon The repeal or modifi ca tion of a ny
provision of the Code of the City of Englewood by this Ordinance s hall 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 u ch provt s ion .
and each provision shall be treated and held a s still remaining in force for the
purposes of sustaining any and all proper actions , s uits , proceedings , and
prosecutions for the enforcement of the penalty, forfeiture , or liability , as well 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 prosec ution 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.
Read by title and passed on final reading on the 5th day of Nove m be r . 2001.
Published by title as Ordinance No . ~ Series of 2001. on the 9th day of
November, 2001.
ATTEST: Thomas J . Burns. Mayor
Loucrishia A. Ellis, City Clerk
I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by title as Ordinance No . ~ Series of 2001.
Loucrishia A. Ellis
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RESOLU'ftON NO._
SERIES OF 2001
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A RESOLUT ION AUTHORIZING THE ENGLEWOOD P UBLI C LIBRARY TO
IMPLEMENT THE ANNUAL "FOOD FOR FINES" PROGRAM FROM NOVEM BER 19 ,
2001 THROUG H DECEMBER 14 , 2001.
WHEREAS , the Englewood Public Library h as sponsored a "Foo d for Fines" program
during the November/December holida ys for the past eleve n yea r s ; and
WHEREAS , the "Food for Fines" program allows pa trons with overdue fin es to "pay"
them off through the donation of non-perishable food items; and
WHEREAS, the food items are then forwarded to the Interfaith Community Services for
distribution to financially disadvantaged families in the Englewood area: and
WHEREAS, the program is a benefit to the co mmunity in that the di sadv a nta ged a r e
a ssist ed and the air cleared with respect to fine s a nd the City receives its libra r y mate r ial s
back :
NOW . THEREFORE, BE IT RESOLVED BY THE CITY COUNC IL OF THE CITY OF
ENGLEWOOD , CO LORADO , THAT :
Sectjon 1. The Englewood City Co uncil hereby authonzes the Englewood Public Library'
impleme ntation of the annual "Food For Fines" program from November 19 , 2001 through
December 14 . 2001. The "Food For Fines" will then be forwarded to the Interfaith
Commuruty Services for distnbution to financially disadvantaged families in the Englewood
area .
ADOPTED AND APPROVED this 5•• of November, 2001.
Thoma s J . Burns , Mayor
ATTEST :
Loucrishia A. Ellis, City Clerk
I , Loucr1shia A. Ellis . Ci ty Clerk for the City of Englewood. Co lorado. h er e by ce rtify the
above 1s a true co py of Resolution No ._, Series of 2001.
Loucrislua A. Elli s
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COUNCIL COMMUNICATION
Date Agenda Item
ovemb r 5, 2001
INITIATED BY
10 Ci
STAFF SOURCE
Subject
Englewood Publi c Library 's
Tl\ el fth Annual "Food fo r Fines "
Pr o ram
Library Department Hank Lo ng, Direc to r o f L1br.:irv Serv ices
COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION
Th e Library has sponso red th is program fo r th e past 11 ears , and ea c h ) ear th Ci tv o un ii ha~ , 0 1ce d th eir
co ntinued suppo rt of th e program.
RECOMMENDED ACTION
The Library Departm ent recommends City Council app roval of a Resolu ti on au thorizing th e Librar Departm en t to
implement its annual "Food for Fines " program from Monday, November 19 th rough Fnda), D ece mber 1-1 , ::oo I .
BACKGROUND, ANALYSIS, ANO ALTERNATIVES IDENTIFIED
For th e past 11 yea rs , th e Englewood Public Libra ry has spon so red its "Food for Fines " program du ring th e
ove mber/ D ecember h o lidays. Thi s an nual program allo,,s pa tro ns with o verdue fines to "pav" th e m o rf thro ugh
the donation of non-perishable food item s. e.g. one food item ca ncels ou t the late c harges (no t lost o r damage
c harges ) on one overdue item. Food it ems must b e presented to th e Library Statf at either th e Circulatio n D s~ o r
at the Book m obi le in order for th e fines to be clea r ed from th e patron 's co mputer re cor d.
The colle ct ed food it ems are then fo m -ar ded to lnterFJith Comm unity Sef\ ices for th eir "food bank " d1strr ut1 o n to
finan iall y disadvan taged familres in th e Eng lewood ar ea .
This program ha, be n v. arm I) recei, ed bv th e publi sinc e its ince pti on, and Librar pa trons n ow look ro m ar to
1t. Be rde prO\ 1ding re o urce t o ne dv tam1lies in thi s o mmun1t y. the program presents a posit i, e 1mag o t th
L1brar, and th e it), i.e . a "win-win " srtua t1 on for e,eryone invol,ed. The 2001 program will run for to ur ,ee ~,
FINANCIAL IMPACT
• In ::!000, th e Library colle t ed an es tima ted S 1,700 in no n-perishable food it ems for th e Int erfai th Food
Bank .
• The L1braf\ a, erages S 1,:!00-S 1,500 per month in collect ed "late c harges" {i.e. c harges on books and o th er
it em r turn ed past th ei r due da te and pas t the 3 da grace peri o d ). This m o ney goes into the Ci t\'' General
Fund .
• During this sa me "Food for Fines '' period for the past tel\ ea rs . th e am o unt of o erdue fi n es averages
$800-$ 1,000 which means that th e Ci ty w ill agai n lose Jpproximatel $::!00 -$500 in overd u e c harges during
th1 ) ea r 's "Food for Fines " program.
LIST OF ATTACHMENTS
Re o lutr o n
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RESOLUTION NO._
SERIES OF 2001
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A RESOLUTION APPRO\llNG COM PENSATIO N PLA.NS FOR MANAGERIAL.
SUPERVISORY, CONFIDE~TIAL AND PART-TIME EMPLOYEES OF THE C ITY OF
ENGLEWOOD FOR THE YEAR 2002 .
WHEREAS , by Charter amendment effective April 13, 1981. City Cou ncil provided for the
establishment of managerial and sup en,;sory employees within the service of the City of
Englewood ; and
WHEREAS , by virtue of managerial a nd supervisory duties assigned to these po s it10n s by
the City Manager, it has been determined that they are excluded from members hip .
participation or represe ntation in any co ll ectively bargained empl oyee sy s t e m of t he City of
Englewood; a nd
WHEREAS, by Charter a mend ment e ffective April 13, 1981. City Co unci l provid ed for the
establishment of confidential employees withrn the service of the City of Engl ewo od : and
WHEREAS , by virtue of the duties assigned to these po s itions by the City Manager or the
City Attorney , it has be en determined that they are confi de ntial a nd therefore the City makes no
promise of continuous employment, permane nt employme nt or a ny s pecific le ngth of e mployment
and these employees are therefore excluded from membership . partici pation or representation m
any collectively bargained employee system or"the City of Englewoo d and are exempt from the
Career Service System ; and
WHEREAS , part-time employees are defined to be those workin g fewer t h an 40 hours per
week ; and
WHEREAS , the City makes no promise of co ntinuous e mpl oy me nt, ;ermanent employment
or any specific length of employment and these employees are therefore excl ud ed fr o m
membership , participation or representation in any co llectively bargained e mpl oyee syst e m of
the City of Englewood and are exempt from the Career Service System ; a nd
WHEREAS, this Resolution will not apply to Directo r s whose co mpe nsation is set by the City
Manager; and
WHEREAS, this Resolution will not apply to the City Manage r , the City Attorney a nd the
Municipal Court Judge who are co mp ensated by the City Co unci l under separate re olution :
and
WHEREAS , this Resolution will not apply to e mployees covered by a union in the City of
Englewood as they are compensated by contract under se parate resolutions: a nd
WHEREAS , under the Compensation Plans for manage rial. s upervisory , co nfid e nti a l , a nd
part-time employees, City Council desires to establish the pay rate s for the year 2002 :
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COUNCIL COMMUNICATION
Date Agenda Item Subject:
November 5 , 2001 10 c ii 2002 Cost oi Livi n g
Adiu stm en t
INITIATED BY:
Human Resources Deoartment I STAFF SOURCE:
Sue Eaton , Direct o r o i Human Reso urces
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
C o uncil previously approved a res o luti o n in :woo gr anting 2001 wage 111 reases 0 1: .5% !O r
managerial, supervisory, and confidential employees o f th e Ci tv o f En lewood and 3 .3"<> fo r part-time .
benefit eligible employees.
RECOMMENDED ACTION
Staff requests Council approval of the attached re so lution for a cos t o f living .adjustment (COLA) fo r
ca lendar ye ar 2002 for the following gr o ups of employees:
Managerial and supervis ory employees (General Se rvices, Po li ce and Fir e )
Confidential employees
Part-time employees
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Employees c overed by this resolution will re ceive the following inc rease o n th e 200 1 bas e wage
rate:
Managerial , supervisory and confide ntial employ ees :
Part-time employees 4 .Q QO {,
The increase will be effective on the payc hec k t o be issued on Januarv 1 7, 2002, cove ring th e pa y
p e riod of December 31 , 200 1 through January 13, 2002.
The adj ustments ar e comparable to the 4.00% increase t o b e awarded the Englewood Empl oyee
A ssocia ti o n .
FINANCIAL IMPACT
The project ed impac t of th e COLA o n wages for 2002 is approximately 52 94,908 fo r m anagerial.
supervisory and onfid ent1al empl oyees. and SSS ,938 fo r part-tim e employees .
ATIACHMENTS
Propose d Reso luti o n
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NOW , THEREFORE , BE IT RESOLVED BY TH E CITY CO NC IL OF T H E CITY OF
E NGLEWOOD , COLORADO, THAT:
Section 1. The Ci t y Council of the City of Englewood , Co lor a do h ereby a pproves t h e fo llowin g
pay increases on t he 2001 base wage rate e ffect ive fo r t h e seco nd paych e ck in 2002 wit h a pa y
date of January 17 , 2002 , for the calendar ye ar of 2002 :
1) Managerial, supervisory, and confidential employees of the City of
Englewood -4 .25 %.
2) Part -time e mployees of the City of Englewood -4 .0 %.
ADOPTED AND APPROVED this 5th day of Nove mbe r . 2001.
Thom as J . Burns , Mayor
ATTEST:
Loucris hia A. Ellis, City Clerk
I , Loucris hia A. Ellis , City Cle rk for the City of Englewood, Colorado, hereby ce rtify t h e a bove is
a true copy of Resolution No. __ , Series of 2001.
Loucris hia A. Ellis
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COUNCIL COMMUNICATION
Date Agenda Item
No ember 5, 20 01 10 C iii
STAFF SOURCE
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Sew er Tap Agree m e nt with
Ex t end ed Sta Ameri can Hotel
INITIATED BY
Utilities Department Stewart H . Fo nda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Water Boa rd policy regarding an equitable method o f computing taps for ho tels were established at th e
August 13 , 1996 meeting. Th e policy was amended bv C o uncil o n Ma 7, :w o 1 t o change the ma ximum
dai ly consumption from being based on 100 gallons p er o ccupied roo m t o 100 ga ll ons p e r da y tim es th e
total number of sewer taps purchased under this agree ment.
RECOMMENDED ACTION
At their October 9, 2001 meeting the Englewood Water Board re commended Counc il approval by motion
of the Sewer T .ip Aiveement from E>Ch!nded Stay America.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Extended Stay American H o tel s has sub m itt ed for Council approval a Hotel Sewer Tap Agreement fo r th ei r
p ro posed 109-unit hotel to be built at 8752 5. Yosemit e.
The proposed agreement has been reviewed and appro ed by Englew o od 's City Attorney.
FINANCIAL IMPACT
Th e propos ed agreement would set th e sewer tap fees at half th e standard fee, w ith no additional tap fee s
to b e collec ted unless the water usage exceeds the agr ee d upon limit o f 100 gallo ns per unit. per da y. Tap
fees in th e agreement total $81 ,750.
LIST OF ATTACHMENTS
Sew er Tap Agreement from Extended Sta y America Hotel .
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HOTEL SEWER TAP AGREEMENT
THIS AGREEMENT , is made the __ day of , 2001 , between the
CITY OF ENGLEWOOD whose address is 1000 Englewood Parkway . Englewood. Colorado
80ll0, (hereinafter City ): and ESA COL. INC., a Delaware Corporation (Extended Stay
America), whose address 1s 101 North Pine Street -#2000 , Spartanburg. SC 29302 .
(hereinafter ESA).
WHEREAS , ESA requested a reduction in sewer tap fees because they believe their
Hotel's water usage is less per unit than a single-family equivalent. The subject Hotel is
located 8752 South Yosemite , Lone Tree . CO . 80124 , also known as Applebee·s at Lone
Tree Lot 3, Filing #1
WHEREAS . the standard tap fee is based on a normal flow of two hundred (200) gallons
per day and ESA estimates that their per unit flow is no more than one hundred (100)
gallons per day .
NOW THEREFORE the Parties agree as follows :
l . The City will sell ESA sewer taps for its Hotel uruts at one half the s tandard se wer
charge, based on their estimate of no more than 100 gallons per day per umt real flow .
This is a minimum charge and in no event will the base tap fee be less than one-half
( 1/2) the standard sewer charge .
2 . The initial tap payment to the City by Englewood will be $76.300 ($700/109 Units),
for Englewood tap fees : $12.50 for the permit, and a Big Dry Creek Interceptor Basin
Charge of S5 .450 ($50 .00/109 Units), for a total of $81.750.
3 . ESA will also issue an 1JTevocable , letter of credit in the amount of SBl ,750, which will
be used for any additional tap fees . This letter of credit will be held for fh·e (5 ) years
by the City for additional tap fees as reqwred pursuant to this Agreement.
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The City will morutor winter (November l through Apnl 30), bi-monthly water usage
at. the Hotel during a five (5) year penod. During that ume . ESA will morutor water
consumption on a daily basis. ESA will furrush the City with a report on daily water
consumption and the number of rooms occupied on the corresponding days . They will
submit the report to the City on a monthly basis .
If at any time durmg the five (5) year period . the daily , per umt cons umption goes over
one-hundred (100) gallons per day, ESA will pay the additional tap fee owed . If the
fee is not paid within sixty (60) days, the City will make periodic draws on ESA's letter
of credit to pay to the City additional sewer tap fees based on the amount of flow in
excess of one hundred (100) gallons per day as billed by the City of Englewood. If
ESA's daily . per unit usage is less than one hundred (100) gallons per day , the City
will not owe ESA any refund .
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6. Additional sewer tap fees will be computed on the basis of two hundred (200) gallon s
per day being equal to a tap fee of Sl ,500.00 . As an example. if the u s age goes over
one hundred (100) gallons per day by five (5) gallons per day, then five (5) gallons p e r
day is two and one-half percent (2 1/2%) of the two hundred (200) gallon s per day , two
and one-half percent (2 1/2%) of one thousand five hundred dollars (S 1.500) 1s tlurty-
s even dollars and fifty cents ($37.50) times one hundred and SL'tty-one (161 ) h otel
uruts is six thousand thirty-seven dollars and fifty cents ($6 .037 .50) m a d ditional
sewer tap fees. The higher amount, in this example the 105 gallons per day per unit.
will become the new base line for tap fees. Once the baseline reaches 200 gallons per
day. per residential unit. the maximum tap fee will be owed . In no event shall the
total tap fees exceed one maximum tap fee per unit.
7 . However. should additional units be added to the project at any time . the tap fees
shall be increased by the number of additional units . If the umts are a d d e d aft e r t h e
five (5) year period described in paragraph 5 above , or after a final base !me for tap
fees has been reached, the tap fees for the new units will be the s ame a s the final tap
fees for the original units .
8 . Any accidental discharge of metered water of an unusual and non-recurnng nature
where the City is notified within 24 hours of discharge and ESA prov1de s
documentation of the nature and extent of the discharge may be excluded from the
calculation of the tap fees . The filling of a sw1mmmg pool will not be con s idered an
accidental discharge under this paragraph.
9. At the end of five (5) years or on the date on wluch ESA has paid the additional sewer
tap fees associated with an mcrease in the baseline for tap fees to 200 gallons per day
per unit, whichever event shall occur first. the letter of credit may be withdrawn and
the City will no longer morutor water usage except for normal. annual sewer billing
purposes.
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Any additional tap fees paid pursuant to tlus agreement are tap fees only and shall
not be considered sewer treatment charges. Any money owed the City under this
Agreement is a fee for the sewer tap.
The City and/or it's auditor maintains the right to enter the property to examine the
water use records , the hotel occupancy records and to check water meter readings.
ESA gives the City the right to disconnect the hotel for nonpayment of any tap fees or
sewer treatment fees due the City .
This Agreement shall not be assigned by any party without the prior written consent
of the other and this agreement shall be binding on any successors or assignees.
ESA confirms it has 109 uruts m this Hotel and agrees that it shall not add additional
hotel uruts to the City of Englewood's sewer system without written approval of the
City .
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15 . Any notice required or permitted by this Agreement shall be in writing. and shall be
deemed to have been sufficiently given for all purposes if sent by certified mail or
registered mail, postage and fees prepaid. addressed to the party to whom such notice
is to be given at the address set forth below, or at such other address as has been
previously furnished in writing, to the other party or parties. Such notice shall be
deemed to have been given when deposited in the United States Mail. The notice
shall be sent to:
CITY OF ENGLEWOOD
ATIN: Utilities Department
1000 Englewood Parkway
Englewood , CO 80110
Extended Stay America
ATIN: Piero Bussani, V.P. Legal/Development
101 North Pine Street, #2000
Spartanburg, SC 29302
864 573-1600
Fax : 864 573-1665
Colorado Registered Agent:
CT Corporation
1675 Broadway #1200
Denver, CO 80202
::l03 629-2500
16. This Agreement represents the entire agreement between the Parties and there are no
oral or lateral agreements or understandings. This Agreement may be amended only
by an instrument, in writing. signed by the Parties. If any provision 1s found to be
void by a court of competent jurisdiction, no other provision shall be affected by such
holding. All of the remaining provisions shall remain in full force and effect.
1 7. A waiver by any party to this Agreement or the breach of any term or provts1on of dus
Agreement shall not operate or be construed as a waiver of any subsequent breach by
either party.
18 . The parties hereto warrant that the signatories below have full and lawful authonty
t o e xecute tlus Agreement on behalf of ESA and the City of Englewood . Colorado.
19. The PartJes agree that tlus agreement shall be recorded in the office of the Arapahoe
County Clerk and Recorder.
IN WITNESS WHEREOF , the parties hereto have executed this Agreement the day and
ye ar first wntten above .
CITY OF ENGLEWOOD
By :--------------Date:---------
Thomas J . Burns, Mayor
ATIEST: ------------
Loucrishia A. Ellis, City Clerk
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ESA COL, Inc.
STATE OF SOUTH CAROLINA
COUNTY OF SPARTANBURG
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On this /,J Jlt day of October. 2001 , before me personally appeared
Piero Bussani, know to me, as Vice President -Legal/Development, the
corporation that executed the within and foregoing instrument , and
acknowledged the said instrument to be the free and voluntary act and deed of
said corporation for the uses and purposes therein mentioned , and on oath
stated that he was authorized to execute said instrument
IN WITNESS WHEREOF , I have hereunto set my hand and affixed my
official seal the day and year first above written .
My commission expires :_4-'--·l""'E'-,.L-'p_., ____ _
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COUNCIL COMMUNICATION
Date Agenda Item Subject:
ove mber 5, 200 1 toe iv 1500 GPM E 1GI E
INITIATED BY : STAFF SOURCE:
Saiety Services Direc t or Ch ris O ls o n
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
Approve Purchase Order for one ( 1) 1500 American Lafrance Fire Engine for th e Fire Division,
Department of Safety Services .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
This request fo r purchase will replace th e existing Emergency One Fire Engine , whi ch is scheduled ior
r ep laceme nt under th e CERF program. This would be a "tag on " order from th e o ri gi n al
bid #9-1 :i4 from American Lafrance, which stated that that Am erican Lafrance wo uld h onor th e
original bid with a 4% increase per yea r.
FINANCIAL IMPACT
Tot.al replacem ent cost for th e 2002 Lafrance Fire Engine will be $33 7,883.99 . See attac hmen t D at ed
O ct ober 18, 2001 for to tal break down in cost.
UST OF ATTACHMENTS
• Cost break down dated October 18, 2001.
• Trade /Purchase Agreement -Term
• Re-o rder agreement w ith Ame ri ca n Lafrance Da t ed ove mber 1, 199 9
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___ oc -25 -200 i THU _03: 44 P_~ ENGL EWOOD S S FAX NO. 3037622406 P. 01
, AMERICAN LAFRANCE TRANSWEST
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~ 5100 East 78th Avenue
Commerce City, Colorado 80022
(303) 288-6649 • Fax (303) 288·5577
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October 11, 2001 (REVISED)
City of Enpewood
Englewood Fire Dept
Dave~ll
361S S. Elati St
EDjlcwood. CO . 80 t 10
Ref: Reorder of ALF148 pumper. VIN# Hl2SSI
P0#902760
AMERICAN LAfllANCE TRANS~ST is pleased to present revised pumper
specificmions baled on die last ALF uait pun:bued under PO# 902760. l have convened
the caclosed spcc' 111D die moll ~ ALF proposal system and incorporared challgc
orders and updaled pn,duCL Tbc encloled specificabons include correctiom and notcS
bued OD tbe meetiaa llcld OD October 12 , 2001.
Tbisqw,cation is bued OD the finial purcbaN price of VIN# Kl2SS1 plus the offer to
reorder uni11 • outliDecl in our 1eaer dated Nowmbcr l, 1999 l have SWllffl8ri= the
current prieiq below .
Oriainal finial pun:buc price of ALF Pumper
1• reorder cbln8C of 4% on S297,JS3\by 12-31-2000 .
r' reorder change of 4%on $309,247 by 12·31-2002
Reorder Sub Toaal
OPTIONS AND CUSTOMEll UPGRADES
l) Loose equipment list, customer imlalled. (attachld)
2) Chassis and AppldlUS Options (attaclied)
3) Trade In Ape1?111ent for 83 ' E-One #64S8 (attached)
Total w/ Optioas aad I.All Trade
$297,353.00
11 ,894 .00
12,370.00
$321 ,617 .00
S 29,886 .99
S 2,380 .00
-S 16,000,00
$337,113.99
NOTES :
l) This proposal includes three (3 ) inspection trips to ALF Casper.
2) Three (3) sets of pans boob, ellCW'ical and wodt shop service manuals are included.
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FAX NO. 303 76224 06
3) The unit will go throup a pre deli~ impection at ALF Transwest prior to final
deliwry to the City. I
4) Cunenl delivery is approximately 250-270 days after order.
S) Pre Paymm / Rdme discount S 10,645 .65 This amount will be rebded at delivCI)'
bale on a me of mum of 4.6'fi OG full payment ofS337,W.99 and the funds
beld for the estimm:d delivery lime of 2SO Days. The ac&ual amount will vary
bae on the total funds~ and time the funds are beld. See PREPAYMENT
/REBATEAOREEMENT . I
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ALF Tramweat Joob forward to warkJD1 wilb the City and Englewood Fire Oepartmell1
Oil dlil 111d fulln ........ wdl. If )ioii -~ ury quellims .. you review tbe updalled
specificeticw, plcae re me a c:all. 303-211-6649 .
Sincerely,
Haak Friebus
ALfTW,Mtr
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Ch ~-c . J: PM EN GL £1.J 00 S S FA~ NO . 3U3 7bi24 Ub ----~ --
TRADE/PURCHASE
AGREEMENT -TERMS
DATE : October 18, 2001
DEPARTMENT : Englewood Fire nq._, Englewood. Co .
DESCRIPTION : 1913 E-Oae/SpartH TIM p11aper viii# C423621, aalt #6458
AMER.lCAN LA FRANCE TRANSWEST oftm to purchase or allow a trade-in value of
S 16,000.00 for the above described unit under the terms and conditions as set forth
below. This offer is made through Northeast Fire Apparatus , Inc.. an affiliate of
Frcipdiner Corplnlion.
l. This offer for the trade-in unit will only be valid if it is signed as an
acknowlodgcmm ad be incorporaled iDlo tbe new vehicle purchase order/contnct.
2. The price(s) quoted is valid for nfflvc months from the above date and is subject to
review if tbe tnnsfer occun after 1liis date .
3. A copy of a clear and UDCDCumbcred title for the tradc-in(s) shall be fumished to
AMERICAN LA FRANCE TRANS WEST within twaity days of acceptance of this
conb'IM:t. The original title(s) will be properly endorsed and furnished at time of
transfer / release of the trade-in.
4. The unit(s) is roedwonby and ineeu federal DOT safety inspections at the time of
sale, and bu no bidden dctec:1s diat are known to the seller and not disclosed to the
purchaser that would make tbe uni1(s) unfit for service .
S. The unit(s) is not advcrtiled fonale iD any manacr or fashion, by any means , or
offered for sale to any ocher panies, either wholesale or reuil. In the evem that this
unit is listed. marketed, advertiNd or dtspla~ 10 IDOlher used fire apparatus broker,
dealer, or firm involved in the sale of used appuaaas , this offer shall immediately
become ll\lll 111d void. This ofter is conditioaal upon Ill unill being traded on this
transletion.
6. All oftbe buic Uld affixed equipncm is included as specified oo the appraisal sheet.
This includes, warning ligbu, sirens. booster reels, integnJ paetidUiS. monitors, all
pound ladders, mounting brackl15 and any OCber basic equipmc:m provided by the
FD .
7. The fire pump will pus a ccnified pump test to its oripnal ralCd capacity, and the
booster tank does not leak at time of sale. The aerial ladder, if so equipped, shall pass
aerial inspection 11 time of sale . ne C1111Dmer wW f•nlilll ,..p1;aerial teat tlat
uve beell perforaed wiWa 30 day• prior to dllivery af tile aew appentu.
Time of sale is defined as actual date that transfer of vehicle from seller to buyer
occurs .
AMERICAN LA FRANCE TRANSWEST City__,,,_....,.., _____ _
~ ~ebus, ALF-TW, Mar. ' ACCEPTANCE _____ _
~~ <:::::::; Date /11 r/l -111 Name _____ Darc __ _
/ $100 East 78* Ave., Commerce City, Colorado 80022
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_ __ OCT-25-2001~ 3: 45 PM _ENGL EW OOD S S FAX NO. 303 7622406 P. 04
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AMERICAN LAFRANCE TRANSWEST
~ I
5100 East 78th Avenue
Commerce City, Colorado 80022
(303) 288-6649 • Fax (303) 288-ssn
PREPAYMENT/ REBATE AGUEMENT
(·, -..__)
ANBIUCAN LAFRANCE TRANSWEST ac=s to e!)' /. f D " oa all ftmds received ID
ldvallce from &!<4 tuQO,f F,~ .. Z (Dept.).
~ooJ (City), 111d A:t:l'°~ (Coumy),
(Slale) (•pun:llaser"), !IJld Ibis aDIIIUlll will be IS I dilcoam lO lbe
IDll1 CCllll'ICt price or a pank>n of acmal l'lllldl i=Wld. TIie dlacoum will be calculued based
cm die ICIIIII receipl dale of manies prqu1 ro die delivery ewe of die appamm llllda' comnct
as rdlrellced in die purclluer's Purchase Order fl or a Jeaer of llllllarlzllioD u
laled by die purcbuc:r 111d daed . Due c:hanplg ecooamic coadllioat. lbe
qllOlld IJICIQt ('I) as llllld above is pod for 60 days from oripal bid dllt or if acceped
)Sior.
Tbc eswnam caleadar delivery time from die oripal bid proposal c j~ IJ days) may ar may
llOl be die &all lime period used lO calQllale die ftml dlscoum. 1bis will vary baled llpOII dle
lime die prepaid NIida are in die pouession of AMl!llIC,\N LAJIRANCE TRANSWEST ml
lbe IClllll die of delivery. It is also llreed dill die fiDa1 c:amnct price. after applyiDa die
dilc:oulll cak:alaled II die delivery dale, may be more or less dlaD dll ftal mmact price sei
lanla ia die bicl propcllll dared /#-/¥ · O I . It is agreed dlat die dilcomlt Cllcllllled in die
bid praposal was for mUlll'IDOll pgpoaes oaly .
i
If die comnct between AMERICAN 1APRANCE TRANSWEST and die purdllSer is fur
llmlliple lppSIIIIS 1llliD llld/or lOCIICi cqulpmem, deliyery will be a;cepred fGr pania1
lbipmems . Bodi panies 1llllllnllDd 111d .... 11w die vlluc 111d delivery cl.s ol lbele panial
--will be flClared iaro die calc~ oldie prepaymem dlscoum.
Boda AMl!IUCAN LAJIRANCE TRANSWEST 111d pmdmer qr= dw if eidler Jlll'IY owes
funds so die odler. u calculllld oa die flllal ~ die, IIICh paymem will be made widlin
ddny (30) days of fiml delivery.
e," ,.( ay~J
X Offlccr=--=-------
Tldc: --------Dale:--------
Pnpaymem of ftmdl: s ------Dale received : ----
lnitial1:
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OCT -~~~~OOl THU 03:~5 PM ENG~EW OOD S S FAX NO. 3037622406 P. 05
So, 11 2B111 m:e'?Pl'I P2
AMERICAN LAFRANCE TRANSWEST
~ -Noc:al: l, 1999
Ci&7 at'W,-ood
2IOO s ..... li\Cl>nY9 W wood. co. 1()110
o.....,aoo-.
ANPICAN ~ ,uNSWISI ii ...... '° ._61 abililY 11D re,,Clldlr uid as
GD.WHaar\ cri111101tlaCitJaCa.zmoo-i• _.palltiGll ~ &e :1c, wsm ,_.....,_.111ut-12';,.._orw#90'Z760dmd10-11-99 .
• \tWilic>M1 ordal will"' ............ lbloMIII .. upoa Wllll-
1) Addiliosal ordlrS p.-t'Olll l0.0\.\9991111111 12-31-2000 will be pric:e pralldld •
4%,.tOI---%) AMirioMl ordln placed aam 0,.01-2001 lllllil u., 1-2001 will• priol pdlCUld •
.. tint ..... p1u1•additinlll1 •--·
l) MY addlrifflel 12-1111111111 pelodtca 1'a·_... widl-• -•
a 10Hom appn,wd bJ lladl pll1ill. ·
4) • 4 \ _. -.,.m--clllJIII will l,c pllmiald • ..-S "fOII prlacs by bodl ..... 5) ••ii ._...._.......,..0,,,-.,m,....ny• •mdiiPP••
willbe~-·.-. I 6) Art ~dilaaU*IIIIUnr daf l'INlwill 1,allaedcm ~..-.c
ciaa:tirt -••1:iaofnadlr(1) I
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OCT-25-2001 THU 03:45 PM ENGLEWOOD S S FAX NO. 3037622406 ---~ ----. .. . .
October 12, 2001
Easlewood fire Dcpl..
Enslewood. Co .
CHASSIS A.'il>APPARATUS omONS
Md-Oa order Optioa1 for Cllallil ud Apparacm Body
1. Rear tiKs, 12R22.S -16 XDN ILO 11R22 .S
2 . Keylcu ealrY for 4 door cab w/ 4 trmsmitlffl
3. Ddc1c compllS in OIC It offices position
4. Add 3 .. 12V oudct on cab dash
s. Delcie cell pre wiring
6 . Delele 1..-,p pe wiring
7 . Wlleel choc:b IIIOllldaL folding SAC-44 ILO full size
I . Air bom buaon on pump panel
9. Pump -as. Medwaical spring loaded. sclfllijllltinS ILO loaglife
10 . (2) 250# floor slidina 1n1Y1 in 1.-3, L-4 (widlh ?)
11 . (2) K.wick Ras Alplla2000, 240V,1S00Wtelc ligbnmounted
Left and RiabC hat of body, Del• (6) foklillg atepS
12. Slalldud nm upper rolalOn and 6" Unity bD1c
bed lipls JLO of Whalen Combo~
13 . Delete suction bOlc, racks. and suainer
Total of al cllaaps for dlulil aad body
Thcle options are to be added to tbc ~ reonb price. ~-.... ALF Tl'IDS'Mllt
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QUOTE
S 425.00
91S .OO
-200.00
40 .00
-230 .00
-120 .00
includad
14S .OO
335.00
990.00
1,480.00
• 160 .00
.} 300.00
Sl.,JII.N
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Date
O\ember 5, 200 1
INITIATED BY
Library D epa rtm ent
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COUNCIL COMMUNICATION
Agenda Item
10 CV
Subject
Moti o n apprO\ ing a contra c t \\ ith Sla t r-P au ll
& A sociates fo r Archit ec t ural & Engineering
Services relat ed to tabilizat ion oi th
Thomas kerritt H ouse
STAFF SOURCE
Hank Lo ng, Direc to r o f Librarv er\ i s
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
In 1999 Ci ty Council auth o ri ze d th e purchas of th Thomas Ske rritt Hou and th surrounding IOur lots in
o rd er to p1 e~erv e thi s his t o rica ll y significant sit e. That sa m e ye ar, th e C ity recei\ ed a olorado Hi,t o ri ca l
Fund grant t o co,;duct a hi st o ri ca l assess m e nt of th e pro pe rt y. The City also fun ded an envi ro n mental
assess m ent o f th e h o me and a civ il survey of th e propert . Fo ll owin g successful compl eti on of that proj Lt,
in :woo, th e C ity th en applied fo r a second CHS gran t fo r $80,000 to re m ove ha za rdous materials ;ind
stabi li z e th e building fr o m furth er stru ctural d eterioration. Citv Cou nc il subsequent!\ apprO\ ed th e ,mard
o f thi s CHS grant in 2001. Th e co mpany of Sla ter-Paull · Associa t es has bee n se lec t ed to mana ge the
arc hitectural and engi nee rin g portion o f thi s proj c t.
RECOMMENDED ACTION
The Libra ry D epa rtm ent recomme nds Citv Coun c il app rO\ al by Motion the award of a c ontract to Slat er-
Paull & Associates for
architectural and engineering servi ces related t o tabi liza ti o n of the Th o m as Sk erritt H ouse.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
As part of its mi ss ion t o safe g uard Englewood's hi sto ri c heri tage fo r future ge n erati o n s. th e C itv in 1999
purc hased th e Thomas Sk e rritt house and surro unding fo ur lots at 3360 Sou th Bann ock Stree t for
S 135,000. As a fi rst step towa rd s its eve ntual rehabilita ti o n, th e Ci ty was awa rded a S I 0,000 Histo ri c
Str uc tures Assess m en t gran t by th e Colo rado Histori al Society tha t am e ye ar. The firm o f Andre\'\S &
Ande rso n was se lect ed to co nduc t this st udy. A stated by , an \ Sipk 1n of A n d rews & A nd erson in a le tt er
da ted April 24, 2000, "th e importance o f thi s hou e lie in the con tri bution o i th e o riginal O\vner to th
h1 ·tory of Eng lewood and not in th e signifi ance of th archi tec t ure o i the house."
The Ci ty lm ed Major Env ironmen t;il Sen ices , In . to ca rry o ut a simul tan o us 111 p ect 1on o t suspe c t lead-
ba ed pa,n t and asbestos-con taini n g buildin g mat erial 111 th e Ske rritt hous . These combi n d st udie,
1d en t1 fied se\ eral ar eas of co nce rn . The stru c tur e has been damag cl a J resul t 0 1 \ ea rs o f \\ ate r 1nfiltra t1 on
and se ttlin g oi areas o f th e stru c tu re no t supported b a fo undation , and the house o n ta ins both a,be,to s
and lead-base d paint.
In la te ~001 , th e Ci t\ received a second C H S gra nt o i $80,000 -w ,th 111a tch 1n11 1unds 0 1 -.0,01)0 1r o 111 the
it\ and another $40,000 trom Arapa hoe Cou nty -to add ress th e tab1lizat1 o n 0 1 th e Thomas kern tt
H o use 111 o rd er to preve n t 1urth er deteriorat ion . This phase add resses e,teri o r tone rm o nh , ,pee1 11 ca ll1
remm al s1;:i b1liz:i t io n o f le;id-ba d paint .:ind str uct ural repa irs inc.l11d1ng Pundatt o n. rc,,)tllll\, •.\ 1nrl ()1,
,1thng, trim ,md painting. Th e compan\ o f Sla ter-P;i ull Associa tes h.1, b en ,el c.l d t o de ,gn
Lomt ruLt1on docum ents .
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Due to p rojecte d costs of repair, any interior work o n th e Th o mas Sk erritt House will have t o wait until a
fu ture date when m o re funds become ava il able and a v iable u e has bee n identified.
FINANCIAL IMPACT
The total cost for st ab ili zation of the Thomas Skerritt House is S 160,000 o f which 520,900 is for th e
arc hitectural and e n gineering services provided under the atta ched con tr act. The remainder of th ese cos ts
are related to construct ion work.
LIST OF ATTACHMENTS
Contract with Slater-Pa ull & Associates
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• Standard Form of Agreement Between
Owner and Architect for a Small Project
AIA Document B155 -Electronic Format
BECAUSE THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. WE ENCOURAGE YOU TO CONSULT WITH A'.'I ATTOR.'IEY BEFORE
SIGNING IT . SOME STATES MANDATE A CANCELLATION PERIOD OR REQUIRE OTHE R SPEC IF IC DISCLOS URES. INCLUDING WARNINGS FO R
HOME IMPROVEMENT CONTRACTS. WHEN A DOC UMENT SUCH AS THIS WILL BE USED FO R WORK ON THE OWNER'S PERSONAL RE SIDEN CE.
YOU R ATTORN EY SHOULD INSE RT ALL LANGUAGE REQ UIRED BY STATE OR LOCAL LAW TO BE INCLUDED IN TH IS AGREEMENT SUCH
STATEMENTS MAY BE ENTERE D IN THE SPACE PROV IDED BEL OW. OR IF REQUIRED BY LAW, ABOVE THE SIG NATURES OF T HE PARTIES
AUTHENTICATION OF THIS ELECTRON ICALLY DRAFTED AIA DOC UME~ MAY BE MADE BY USING AIA DOCUMENT D40 I
Copyri ght 1993 by The American Institute of Architects . 1735 :"Jew York Avenue. N.W . Washingt on. D C .. 10006-52 92. Reprodu cti on of 1he rn::uerial here in vr
substantial quotation of its provish>ns without the written permission of the ~JA violates the co pyright laws of 1hc United St ate s and will subject the \'10l ato r to legal
prosecution .
This AGREEMENT is made : '"N:.:o.,_ve""m"-=be""r'----""'2""0""0~1
(Dal<)
BETWEEN the Owner:
The Citv of Englewood. Colorado
A Home Ruic Munidpalirv
I 000 Englewood Parkwav
Eng lewood. Co lorado 80110
and the Arch itcct
SLATE RPA ULL ARCHITECTS. INC.
One Pm Central. Suite 400
I 5 15 Arapahoe Street
Den ver. Colorado 8020:?
for the following Project :
Stabilization and Rehabilitation of the
Thomas Ske rrin House
3 560 So uth Bannock Street
Englewood. Colorado
The Owner and Archi tect agree as follows .
\IA DOCU MENT Bl 55 -OWNER-A RCHITECT AG REEMENT-SMALL PROJECT EDITION · AIA • OPY RI G I-IT 19<13 • TltE AMERJ A IN STITlJTE OF
~RClilTEC.TS. 173 5 EW YORI,. AVE UE. NW . WASHI GTON, D C .. 20006-5:92. Unh«nscd phoioc op~mg violate s U S ,opi n ght I•"' anJ ",ubJ«l 10
lcpj pro:aecuuon This document was dcctron1c.al ly produced wlfh penmss1011 of the AIA and c::&n be reproduced 141lhout ,•1olau on un ti l the I.late of ~',;p 1r.n1 on as
™*d below
Elecrronic Forma t B 155 -1993
User Document: B155 .DOC -10/23/2001 . AIA License Number 102172, which expires on 1/17/200 2 -Page #1
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ARTICLE 1
ARCHITECrs RESPONSIBILITIES
TI1e Architect shall provide architectural service s fo r the project . including nonnal structural. mechan ica l and electrical de sign
services . Services shall be performed in a manner consistent with professional sktll and care . The ·cope of stabilizat ion and
rehabilitation work to consist of the following :
Insert_ A: EOUNPAIION-™-~.iDQ rebabtlitate~ foundatiPD . Exevate.ilm~~ elements
where ooss1ble and where strucw@Hx $9YDd Waternroof foundation walls Ventilate basement and crawl soaces where
aPRCPPciate • .llwill subd@ioage~Jg.wrm swrmwaJC:r.aa:t..tgm~ foundations . Bearade~~.a
house to PCPYide R9Sitive d@ina2c awax from the buddies
ROPE WORK · ~ existioa cpgfioa Remove ex1stms~Jg.rJ2.Qf soeath1na -~ deteriorated~
~=-~~li11,uaelil.cggt~~ assgc1awi.Jt11D..~ geu:ci 0ca1w1~~.leim...aag~.19..
match 2amn111 Bc211ce eacistinc PYUC'l and dewnsPAYUi tA match 2ri2mals when: Possible Extend and ceflash existioa
vcot 1v1Gb:s thmueh rggf Bca,c and c,c;postruct ex,stina ma,onrv cb,moex Install limestone chimnev cao
EXJEB19B ~ ~ ..IBW. WJNppws .6N.P pooes ·. Bebabjjjtate ~ ~ ~ ~ -
BiPlifdl oeieaoCIJCd 1tdioe with ncw..lmill.m..JJll1'n~. Beattsecbftd.Jgga materials • Preserve~ sheath1na
iad.llmllaJmmJblJmmall WYctum.:amm Ross1bh:. Rehabilitate~~ windows.mt~. Rehabil it ate
~~Jmc.Wilb.ln cm2ha1is~ ccescrvino histoci,al elements. Behabllitate~~-..E!tm~~
m21mt an emooc WCXNWPds and trim
1.1 Dunng the Design Phase . the Architect shall perform the following tasks :
.1 describe the pro1ect requirements for the Owner's approval:
.2 dc,clop a design solution based on the approved project requi rements:
.3 upon the Owner's approval of the design solution. prepare Co nstructio n Document indicatin g requirements fo r construction
of the project:
.4 assist the Owner in filing documents required for the approval of governmental author itte s: and
.5 assist the Owner in obtaining proposals and award contracts for co nstruction .
1.2 During the Construction Phase, the Architect shall act as the Owner's representative and pro , ide administration of the Contract
between the Owner and Contractor. The extent of the Architect's a uth oril) and responsibility duri ng construction ts described in th ts
Agreement and in AIA Document A:?05 . General Condit ions of the Contract for Con truction of a Small Project . Unless othen,ise
agreed. the Architect's services during construction include visiting the site . reviewin g and cenif). ing pa) ments. re, ie" in g the
Contractor's subm inals. rejecting nonconforming Work . and interpreting the Contract Documents .
ARTICLE 2
OWNER'S RESPONSIBILITIES
The Owner shall provide full information abou t the objectives. schedule . co nstraints and existing cond itions of the project. and shall
establish a budget with reasonable contingencies that meets the project requirements . The Owner shall furnish surve~ mg.
geotechnical engineering and environmental testing services upon request by the Archi tect. The Owner shall employ a contractor to
perform the construct ton Work and to provide cost-estimating services. The Owner sha ll furnish fo r the benefit o f the proj ect all
leg al. accounting and insurance counseling services.
ARTICLE 3
USE OF ARCHITECrs DOCUMENTS
Documents prepared b~ the Architect are instruments of service fo r use solely with respect to this project. The Archtt~ct shall retain
all common law. statutory and other reserved rights. includin g the copyri ght. The Owner shall not reuse or permtt the reuse of the
\IA DOCUMENT B l 55. OWNER-~RCHITECT .\GREE~1ENT ··SMALL PROJECT EDITION. \IA . CO !'YRIG IH 1993. THE .\~!ERi ·.\, IN TITLTE OF
\RCI-IITECTS . 1735 EW YORh. AV8'.L'E . '1 W . WASHINGTON . D C. ~0006 -5292 . L'nilccn :.ed photocop}m g vmlatc s L'S cop~nght la "" anti 1s subJc:ct to
leg al prm:ccuuon This doc ument \\as ekctrona :lil y produced wnh pcnm :.s 1on o r' the Air\ Jnd can be reprodu ce d wnh out \I Olauon un11l lht: Jate n r c,pir-:m un J:,
nOlcd bel o~
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User Document: 6155 .DOC --10/23/2001 . AIA License Number 102172 . which expires on 1/1 71 2002 ·• Page #2
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Architect' documents except by mutual agreement in "ruing.
ARTICLE4
TERMINATION, SUSPENSION OR ABANDONMENT
In the event of tennination. suspension o r abandonment of the project. the Architect shall be equitabl y compensated fo r services
perfonned. Failure of the Owner to make payments to the A rchitect in accord ance with this Agreement shall be considered
su bstantial nonperfonnance and is sufficient cause for the Architect to either suspend or tenninate services. Either the .Arch itect o r
the Owner may tenninate this Agreement after giving no less than seven days' written notice if the other party sub stanriall~ fail s ro
perfonn in accordance with the tenns of this Agreement.
ARTICLE 5
MISCELLANEOUS PROVISIONS
5.1 This Agreement shall be governed by the law of the location of the project.
5.2 Tenns in this Agreement shall have the same meaning as those in AJA Document A2 05. General Condition s of the Contract
fo r Construction of a Small Project. current as of the date of this Agreement .
5.3 The Owner and Architect. respectively. bind themselves. thei r partners. successors. assigns and legal representatives to th is
Agreement. Neither party to this Agreement shall assign the contract as a whole "ithout written consent of the ot her.
5.4 The Architect and Architect's consultants s hall ha,e no res pon 1b1li~ for the identification. discovery. pre encc. handlin g .
removal or disposal of. or exposure of persons to. hazardous materials tn any fonn at the project sue.
ARTICLE&
PAYMENTS AND COMPENSATION TO THE ARCHITECT
The Owner shall compensate the Architect as follows .
6 .1 The Architect's Compensation shall be :
t lndtca te method o c:ompe,uatro")
A upulated um ofTwentv-Thousand Nine Hundred Dollars (S:C0 .900 00)
of which an initial payment retainer of Zero dollars (S 00 00 I shall e paid upon execut:on of this Ag reement and s hal l be
credited to the final payment.
6.2 The .<\rchitect s hall be reimbursed fo r expenses incurred in the interest o f the proJe t. plu s an admmistrall\•e fee o f Ten percent
( lQ •.).
(l :st reu"bursable ttems J
Reimbursable Expenses shall be approved bv the Owner before being incurred.
6.3 If through no fault of the Architect the services covered by this Agreement have not been completed within E ighteen ( .!l! )
months of the date hereof. compensation for the Architect's serv ices beyond that time shall be appropriately adjusted .
6.4 Payments are due and payable upon receipt of the Architect's invoice . Amounts unpaid Forty-Five ( ~) da~ s after inv oice
date hall bear interest from the date payment is due at the rate of Twelve percent per annum ( 11° o ). o r in the ab ence thereof. at
the legal rate prevailing at the principal place of busi ness of the Architect.
1{.,'sury ta us ,.md requ1remen/S unJer the Federal Truth m lendmg .let s1m1/ar state , . .md loc:zl co11Sumer redtt laws and other regulr.1tt0ns ut rite O uner '.r una
-l n ·huect 's p rmc1pa/ places of busmess , tM locanon of the Pro;ect and e/se i.here may a_ffec , rhe "'a hauy of rh,s prov1s1 on J
6 .5 Architectural ervices not covered b. this Agreement include, among others. revisions due to changes in the scope. quality o r
hudget. The Architect s hall be paid addiuonal fees for these services based on rhe Architect's hourly rates when th~ services are
\I,\ DOCUME:>!T 13 155. 0\1', ER-.IKCH!1 ECT <\G REC\IE:>IT··5~1ALL PROJ[Cf fDITIO'I ·II.I · COPYRI HT 100, • ntF \\'IERI .l'l l:S~TITl 0 TF OF
IRCI-IITECTS . I 035 NEW YORK AVENUE . N W . WA~HINGTO . D C . ~UOOo-5292 . Unh ccnscd photocop! mg ,•1ola1cs S co pynghl la"s JnJ " ,ubi cct 10
legal prosecuti on TI11s document \\ill elc ctro n1cJll y produced wi th pcrm1 ss 1on ufthc \I.\ Jnd ~an be repr oduced \\tth out \IO lau on unul the date 1J f c'(p1r :111on as
no ted bel ow
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User Document: 8155 DOC --10/23/2001 AIA License Number 102 72 , which expires o n 1/1712002 --Page #3
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ARTICLE7
OTHER PROVISIONS
(!,u~rt descr1p11oru of otlwr ~nm:u and modifications to the terms of tht$ Agree mer11 )
'
This Agreement is based on the Architect's Proposal dated September 26. 200 I, Attached as Exhibit A.
Thi s Agreement entered into as of the day and year first written above.
llf requ1,-ed by /all', 11t.2rt carteellanon prrrod. disclosures or olher wanung statements above rht signatures )
OWNER
(S1gna111n/
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Thomas J . Bums. Mayor Gerhard J. Petri. AJA . Principal
City of Englewood
1000 Englewood Parkway
Englewood. Colorado
(Printed na,,,e, title and addrtss)
SLATERPAULL ARCHITECTS INC .
One Park Central . Suite 400
1515 Arapahoe Street
Denver Colorado 80202
(Printed no-. lllfe and address)
IA DOCLMDIT 01 SS . OWNE R-A RCHIT [CT \GREEMEYr--S MALL rROJECT [DITION ·Al,\· CO PYRIGIJT 199) · TiiE \~l[RJC \. 11'STITIJTE O F
\R HIT[ TS . 17)5 . EW YORK AVENUE. N.W . WASHIN GTON . DC .. 20006-5292 . Unli censed pho1cx:op~mg \'Olotcs IJ . cop)nghl b ws and os ,uh1cct10
lt gaJ proKc ution This docu mrnl was clcctronicaJ ly proJuccd wilh pc:nniss10n Ol lhc AIA and can be n:produi;ed \.\1lh out \IUlat1o n until the dah: uf~,cpi rauon .l5
no1td below
Electronic Format B 15 · -1993
User Document: 8155.DOC -10/23/2001 . AIA License Number 1021 2 . which expires on 1/17/2002 -Page #4
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EXHIBIT A
D
S L A T E R P A L L L
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Sep1ember :!6 , 2001
Hank Long
Director of Library Services
Englewood Public Library
1000 Englewood Parkway
Englewood. CO 80ll0
RE : Thomas Skerritt House
3560 South Bannock Street. Englewood . Colorado
Architectural Consul1ing Fee Proposal
Dear Mr . Long :
I am pleased 10 submit this proposal 10 provide archiiecrural des ig n services fo r 1he stabiliz:u io n and
exterior rehabilitation of 1he his1oric Skerrin House in Englewood . Colorldo . I have based 1his proposal
on the scope of work described in this letter. The proposal includes 1he devel o pmem o f a siabil izatio n
and rehabilitation design strategy. preparation of construct ion documems . (p lans and spec ific:11 io ns ). and
related construction administration services for 1his project. 1 understand 1he sco pe o f s1abiliza1 io n and
rehabilitation work 10 consist of the following :
o Foundation W rk : Stabilize and rehabilitate existing foundation . Excavate and repair historic
elements where possible and where strucrurally sound . Waterproof foundation walls . Ventilate
basement and crawl spaces where appropriate . Install subdrainage system co direct storrnwa1er
away from building foundations. Regrade around base of house to prov ide positive drainage
away from the building .
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Roofing Work : Replace existing roofing . Remove existing roofing to roof sheathing . Replace
deteriorated roof deck . Replace existing metal roof flashing and associated trim . Replace
deteriorated existing wood trim and fascia to match originals . Replace exis1ing gutters and
downspouts to match originals . where possible . Extend and reflash existing vem stacks thro ugh
roof. Repair and reconstruct existing masonry chimney . Install limestone chimney cap .
E.~terior Wood Siding Trim. Windows and Doors : Rehabilitaie exis1ing ex1erior wood siding .
Replace deteriorated siding with new units 10 match existing . Reattach loose materials . Preserve
exterior sheathing and siding from 1he original sirucrure where possible . Rehabili1ate existing
exierior windows and doors . Rehabilitate exterior wood 1rim which an emphasis on preserving
hisiorical elements . Rehabilitaie existing porch . Prep. prime and repaint all exierior woodwo rk
and 1rim .
"'l:.P \ll l\•.t-.\TK \I 'l l l f l:.111 11 1 ;1;\H\l'\ll 1J t.:,r O l 'i \E R (1)1t11.:11 ..: Tt.Lt:l'II U \E!o l "117 ,,,,7 : f\1;-t \l l Ll l•11 ",1·1·,.-11 1111 ,L ,r •tcl'\tll.11 1\I
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Skerritt House Stab ilizati o n Proj ect
Proposa l letter lO H . Long
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Se ptem ber 2 . 200 1
Pa=e 2
The design approach for the proposed sc ope of rehabil itati on wo rk will foll ow Thr! Sr!crewn· o rh e
/nrerior ·s Swndards for Rehabi!irarion and the follo wing Preservat io n Br iefs 0:2 · Re ;, intm g Mo rt:ir
Joints in Historic Masonry Bu ildings. 04 : Roo fing fo r Histor ic Build ings . 09 : The Repa ir o f H is to ri c
Wooden Windows . 10 : Exterior Pa int Problems on Historic Woodw ork . and I Ar hne rura l Character -
Identifying the Visual Aspects o f Hiswric Bu il dings as an . .\1d to Preserving The ir Ch aracter.
I understand that the estimated construction cost of the proposed srab1l izat1 o n rehab1 Itt at io n wo rk is
approximately S130 .000 . exclusive of architectural design services and project co nt ingencies .
SLATERPAULL ARCHITECTS. INC. proposes to provide architectural consulting services necessary to pro vide
construction drawings and specifications and incidental construction admintstrat 1o n services fo r this project
for the fixed sum of S20 .000.00 . This proposed fee and my understanding of the scope of services is
based on using a cu rrent edition o f the "Standard Form of Agreement Between Owner and Architect fo r
a Small Project.· AIA Document B l 55 . This agreement form assumes the use of . .\IA Document Al 05.
"Standard Form of Agreement Between Owner and Contractor for A Small Project"· and AIA Document
A205 . "'General Conditions o f the Contract for Construction of a Small Proj ect.·· I have included bl:ink
copies of each of these documents for your review . To aid you in understanding the proposed fee in
more detail. I have included the following breakdown of the architectural design services :
Project Management and Coordination
Existing C onditions Invesugations and Field Measurements
Conditio n Assessment and Design Approach
Construction Documents
Bidding and C ontracung Assistance
Construction Observation
Structural Engineering Consultant
Related D irect Expenses
Architectural Services
S 1.5 00.00
1.500 .00
2 .500 .00
L0 .2 00 .00
l .000 .00
2.500 .00
1.200 .00
500 00
S !0.900.00
The above fee includes bi-weekly construction site visi ts during construction period of 4 months . pnnting
IO sets of construction documents for Bidding and Construction and miscellaneous and incidental print ing
costs . If additional sets of construction documents are required I propose to bill those as a reimbursable
expense . I understand that this project is panially funded by a State Historical Fund Gram and that
coordination with and review by the State Histor ical Fund office will be necessary .
This proposal does not include any services related to asbestos or hazardous or toxic materials . I intend
to work and coo rdinate with your environmental consultant. Major Environmental Services . Inc .
If yo u have any questions co ncerning this proposal. I will be glad to discuss them with you .
S~ATmL R~_::_s: INC.
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G\fi1d . Petr . AIA
.\10115000\LT:HLONG 004
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COUNCIL COMMUNICATION
Date:
O \ ember 5, 2001
INITIATED BY :
Agenda Item:
1ec vi
D partm ent of Information Technology
Subject: C o ntra c t Add endum -
D elo itt e c Touch e LLP
STAFF SOURCE :
D o n Ingle -Director of ln iormat1 o n
Technologv
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
In th e 2001 Fi\ e-Yea r Capital Plan (FYCP ), Council approved an agg ressive program t o repla e th
City 's financial , pa yroll , human reso urces and utility bil ling softwa r e. Called Project IBI S, the ci tv has
undertaken an ex t ensive , o rga ni za ti o n-wi d e process t o define its n ew sys t em needs and under tand
h ow our pro esses ma y need to c hange to acco mm o date n ew t echnologies . Th e fo rm al RFP ior
th e s stem -including m o re than 1500 fun ctional requirements defined bv staff fr o m th rough o ut
th e C ity -has been issued .
RECOMMENDED ACTION
Staff reques t s that Counci l approve, by motion, the execution of an addendum to th e c urre nt
professional services consul ting agreement with Deloitte & Touche related to Pr oject IBIS . Th e
expa ns ion \ o uld retain D elo itte to assist with th e process o f pro du c t selec ti o n r esul ti ng fr o m th e
recen tl v issued RFP. The cost of th ese services (o utlined below) is $99,000.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In Februa ry of this year, staff re eived Council approval to exec ute a co ntract wi th Del o i tt e &
Toucl1e LLP to assist the city in reviewi ng its S\ st em -related busm ess pra c t ices and de\ elo pmg
detailed specifications for th e new s stems . Th e S 130,000 cost o f th ese con sul t m g er\ ices \\ en t a
fa r as issua nce of th e RFP . The purp o se behind th is strat egy was to enabl e c it staff t o re\ 1e\,
D eloi tt e's performance before committing to further protessional serv ices to assist 1n th e proces~ o t
sele c tin g ac tual software solutions .
After re v iewing D eloitte's performance during o ur e ngage ment, th e IBI S Stee rin g C o mmittee 1s
recommendi n g that th e firm be retain ed to assist \\ 1th th e next stages o i th e process: RFP re\ 1ew,
demonstrations and selection . While the sele tion decision is purely th e ci ty's and th e firm wi ll n o t
have a "vote", Deloitte will assist in developing th e eva lu ation proces s. In cluded in th e process wi ll
be several product demonstrations involving detail e d "sc ripts ". Th ese scripts require that ve ndors
display th eir ability to perform c ritical processes defined b y the City, rath er than rely in g o n
"canned " demonstrations of product features developed so lely b y th e ve ndors .
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FINANCIAL IMPACT
The costs of these expanded services ($99,000) are as follows:
• Finance , human resources and payroll systems RFP
review, scripts development and re view facilitation
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(from FYCP allocation)
• Utility billing system RFP review, scripts de velo pment
and re view facilitation (from Utility budget )
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$59,000
$40,000
These costs assume the review of five finance /human resour ces/payroll proposals and as man v as
six utility billing system proposals. These services are well within th e professional services bud ge t
approved in the FYCP for the ERP element of the IBIS Proje ct:
FYCP Bud et for ERP Consultant Services
-Phase I Consultant Contract
-Current Phase 2 Contract Pro osal
Bud et Remainin
LIST OF ATTACHMENTS
Contract addendum -Deloitte & Touche LLP
$2 79,400
$130,000)
($99,000
$50,400
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ADDENDUM I
CONTRACT FOR CONSULTING SERVICES BETWEEN THE CITY OF ENGLEWOOD,
COLORADO AND DELOIITE AND TOUCHE LLP
THIS CONTRACT ADDENDUM. dated for reference purposes o nl y thi s __ day of
_______ , 200 I . is made and entered into by and between the CITY OF
ENGLEWOOD, ST ATE OF COLORADO, a Colorado Home Rule municipal corporati on (the
"Cit y"') and DELOITTE & TOUCHE LLP (the ··cons ultant .. ). and shall be governed by the
term s of and conditions of the ··contract for Consulting Services"' between both parties dated
February 14 , 200 1.
Scope of Work
Deloitte & Touche will assist the IBIS system selection team with activities related to the
selection of a new system. This expanded scope of work encompasses the period of time from
the release of the City's Request for Proposals (RFP ) to the finalist software vendors through th e
selection of winning software vendor(s) (estimated to conclude on or about February I . 2002 ).
The work to be performed during this phase of the project will not encompass any activi ti es
related to the evaluation of implementation consulting se rvice provide rs . The on ly ·'services··
components to be assessed during this phase of the procurement are trainin g and initial
installation of software and hardware.
The activities to be performed . and estimated le ve l of effort. are divided between the ERP
(Financial s and HR/Payroll} and UB/CIS selections . It is acknowledged by both parties that the
se lection activities for those two systems will continue to be conducted in the sa me coordinated
manner as during the first component of the selection project. As such. man y if not most of the~e
activities will be conducted jointly .
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ERP Selecrio11
-, Configure spreadsheers for conng, endo r proposals (Estin,ated Tin1e Required -
8 hours)
', Develop an approach to sco rin g ea h of the ~ec tion s o f the RFP docurnent
(Estimated Time Required -9 hour, l
, Compile scoring for each component o f vendor a,,e,~ment (Estimated Time
Required -16 hour )
-, Assist the team ,vith the development of guideline~ and templates for the content
of vendor demons tration sc ripts (Es timated Time Required -8 hours )
', Assist the team with the developn1ent of the forn,at for vendor den1onstrations
(Estimated Time Required -9 hours)
;.. Assist the team with the developn1ent of a scoring sys ten1 for vendor
demonstration (Es timated Time Required -5 hours)
, Review vendor propo sals (Estimated Time Required -50 hours )
,. Facilitate team revie,v and scoring sess ions for vendor proposals (Estimated Time
Required -14 hour~)
:,. Facilitate n1eeting to detern1ine which vendors are invited to participate in
demonstration, (fatimated Time Required --+ h o urs)
', Provide Del o itte & T o uche resource~ with kno\vledge of the functional
capabilities of the finalist vendors· ~oftware to review demonstration sc ript s and
address question ~ that arise during the demonstration s (Estimated Time Required
-19 hours )
, Review sample drafts of demonstration scripts and provide feedback to tean1 s
(Estimated Time Required-20 hour~)
;. As sist the team with the development of a training program for vendor
demonstrations (Es timated Time Required -8 hours)
', Facilitate vendor demonstrations and lead de-brief ..,ession~ (Estin1ated Tin1e
Required -94 hours)
, Assist with the planning processe s fo r referenc e heck !, and site vbit~ ( Estin1med
Time Required -7 hour~)
;. Assist with resoluti o n of issues related to fit with the City·s current and future
technology infrastructure (Estimated Time Required -8 hours)
;.... Facilitate team meeting to narrow the finalist list from three to two vendors
(Estimated Time Required -6 hours)
,. Facilitate the development of the forn1at and agenda for working sess ions with the
software vendors to clarify their proposals and prepare for best and final offers
(Estimated Time Required -4 hours)
, Facilitate software vendor proposal c larification sc,s ion s (E s timated Time
Required -24 hours )
', Revie\v best and final proposals from soft\vare vendors (Es Limated Tin1e Required
-8 hours)
;. Facilitate tean1 rneeting to se lect recon11nended soft,vare vendor (E~timated Tin1e
Required -6 hours)
;. Assist the City ,vith preparations for presentation of selection to the City Council
(Estimated Time Required -6 hours )
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;.. Assist the City 's Projec t Manager \Vith the devclopn1cnt of a contract nego tiati on
s trat egy related to non-legal matters (Estimated Time Required -6 hours)
', Parti cipa te in \Ve ek ly project steerin g co1n n1itt ee 1neetings (Estirnated Tin1e
Required -16 hours )
', Pani cipa te in \Veekly working sessio ns \Vith City·s project mana ger (Esti tnated
Time Required -11 hours )
UB/CIS Se/ec tirm
', Configure i;;pread!i,heet s for sco ring ve ndor proposals (Esti 1nated Tirn e Required -
-t hours )
", Develop an approach to sco ring eac h of the sectio ns of the RFP docurnent
(Estimated Time Required -4 hours )
, Compile scoring for each component of vendor assessment (Estimated Time
Required -8 hours)
-, Assist the team \vith the development of guidelines and template s for the co ntent
of ve nd o r demon tration sc ript s (Estimated Time Required -2 hours )
, Assist the tea tn ,vith the develop1nent of the format for ve nd or demonstrations
(Estimated Time Required -3 hours)
;, Assist the team \Vith the development of a sco rin g syste rn for vendor
demon strations (Estimated Time Required -I ho ur )
, Review vendor propo sal s tEstitnated Tin1e Req uired -72 hou r~)
,. Facilitate team review and scoring sess ion s fo r ve nd or proposals (E~timated Time
Required -10 hours)
, Facilitate meeting to determine which vendors are invited to panicipate in
demonstrations (Estimated Time Required -7 ho urs)
; Re vie\v sample draft s of demonstration sc ript s and provide feedba k to tea,n s
(Estimated Time Required -7 hours)
, Assist the team with the development of a trainin g progran1 for ve nd or
demonstrations (Estimated Time Required -2 hours)
, Facilitate vendor demonstrations and lead de -brief ~ess ion~ (Estimated Time
Required -24 hours )
;.. Assist with the planning processe s for reference c heck s and si te visits (Estimated
Time Required -3 hours)
, Assi st with re so lution of issue s related to fit with th e Ci1y·s current and future
technology infrastructure (Estimated Time Required -6 ho urs)
, Facilitate team meeting to narrow the finalist li st fron1 three to tw o ve nd ors
(Estimated Time Required -6 hours)
-, Facilitate the development of the fonnat and age nda for working sess ions with the
software vendors to clarify their propo~a ls and prepare for hest and final offers
(Estimated Time Required -2 hours)
', Facilitate software vendor proposal clarifi ca ti on se~~io ns {E..,tin,ated Time
Required -16 hours)
, Review best and final proposals from software vendors (Es timated Time Required
-6 hours)
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', Facilitate tearn tneeting to se lect re co n11nended sofl\vare vendor (Esti n1ated Tin1e
Required -5 hours)
-, Assist the City with preparations for presentation of selectio n to the City Council
(Estimated Time Required --l ho urs)
;,... Assi~t the City·s Pr ojec t Man ager with the de\'eloprnent of a contract ne go ti ati o n
s trategy related to no n-legal matter~ (fatimatcd Time Required --l hours )
', Parti ci pat e in ,v ee kl y projec t steering co mrnittee n1eetings (Estin1ated Tin1t:
Req uired -4 ho ursl
, Participate in weekly workin g se~,io n, with City" s project manage r (Estimated
Time Required -3 ho urs)
Timing and Fees
The cost to complete the se acth ities is $99.000. Thi s is based o n an estimat e of 569
hours to complete the ta s ks contained within the scope of work presented above . Should
it be determined that additional time i req uire d . the Consu ltant will no ti fy the City and
mutuall y determine appropriate nex t step~ before proceeding.
A number of assumptions have been made related to th e pricing of this Addendum .
Should the circumstance, of the engagement cause any of these assumptions to be
incorrect. the pricing for thi s work could be ~ubject TO renegotiation by both parties .
The assumptions are as follows :
;... While there will be distinct processes for the ERP and U B/C IS se le c ti o n,. there
will continue to be one core team for both of these system se lecti o n\. Thi ~ team
will work together to develop a s ingle et o f proces. es and procedure~ for both
se lection processes for activities such as vendor demon~tration~. propo,al ~coring.
reference check and s ite visits. proposal clarification ~e~,ion~. bc\t and fi nal
offers. contract negotiation strategy, and presentation to the City C o uncil on
se le c ted vendors.
r A n1aximun1 of 5 ERP proposal s will be considered during th i!-t procc~~.
;.. A maximurn of 6 B/CIS proposal s will be con sidered during thi "i proces s.
', To facilitate the sco ring of the functional and te ch ni ca l requiren1ents .;ec ti ons of
proposals. vendors will be required to submit their respon~cs in MS Excel fo rmat.
;. A n1axin1um of 3 ERP software vendors and 3 U B/C IS so ft,vare vendo rs \viii
participate in scripted demonstrations . Each ERP ve nd o r will be limited to a
maximum of 21 hours of demonstration time. including time that may be
neccs,ary fo r demonstration of third party ~oftw:ire. Each U B/C IS ve nd o r will be
limited to 5 hours of demonstration time . inc ludin g time that may be necessary for
demon~tration of third party software . Should an ERP vendor abo be invited to
participate in U B/CIS demonstrations. their to tal demonstration time will be
limited to 26 hours. and their inclusion will count again~! the limit s fo r the to tal
number of participants in thi s process fo r both the ERP and U B/C IS selections .
Vendors requiring the use of third part y applications to meet the Cit~·s
requirements will be limited to one partner per functional area .
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:,. Deloitte & T ouche ,viii not participate in co nductin g reference che cks or site
visits .
;.. Prior to soliciting best and final offers. the City \viii na1-ro,v the field of
participants to two vendors for each of the two se le c ti o n processes . Each of those
vendors will participate in a propos al clarification session . so that the City can
better compare the competing s ubmi ssions . Those s e~sion s s hall la s t a maximum
of 6 hours for each of the two ERP finali s ts and 4 ho ur s for eac h of the CB/CIS
finali s ts. Should an ERP finali s t vendor also be a finali s t for the U B/CIS process.
their total time for vendor clarification sessions wi II be limited to IO hours .
Furthermore. their inclusion will count again t the limit s for the total number of
participants in thi s process for bo th the ERP and U B/CIS se lecti o n s.
;.. Deloitte & Touche will participate in a maxin1u1n o f 20 ~leering con1,nittee
meetings of one hour in length each.
, Deloitte & Touche wili participate in a maximum o f 14 weekly workin g sessions
with the City's project manager of one hour in len g th each .
:;.. Deloitte & Touche will work with the City to develop an ove rall strategy for
contract negotiation with the selected software vendor(s ). Deloitte & T o uch e will
not be involved in contract negotiati o ns other than in the development of th e
aforementioned strategy .
, It shall be the City of Engle\vood·~ re~pon sibilit y to make all de.cision s re ga rdin g
the selection of the winning software ve ndo r(s). While Del o itte & T o uc he will
facilitate scoring se ssion s and provide the City with the ben efit of it s experien ce .
Deloitte & Touche will not be a ··votin g·· o r ··scoring·· member of any of the
evaluation committees. Rather. City team members s hall be respo ns ible fo r a ll
scoring of vendor proposal s. demonstration~. references . and any o ther evaluati o n
mechani s m s utilized as part of thi ~ proce ·s .
r This project will be completed by February I. 2002 . Completion shall be defined
as se lection of a winning ERP ve ndor. selection of a winning 8/CIS vendor. and
the development of a s trategy for ne gotiation with the selected vendor(s).
;.. Nothing in thi s scope of work shall pre c lude or eliminate Deloitte & Touche from
consideration b y the City for providin g implementation service s fo r the selected
software package(s).
Work on this project would commence with issuance of the Requ est for Proposals (RFP)
and be completed b y February I . 2002 . Thi s timetable is continge nt in part upo n the
Cit y's timel y completio n of relevant tasks encompassed in the selection project.
TN WITNESS WHEREOF. the City and the Consultant ha ve executed thi s Contrac t as of
the date(s) set forth below .
ATIEST: CITY OF E N GLEWOOD
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B Y ~~~~~~~
Cit y Clerk
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ST ATE OF COLORADO
By _________ _
T om Bum s . Mayor
Cil y of En gl ew ood
Dale _________ _
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COUNCIL COMMUNICATION
DATE : AGENDA ITEM SUBJECT:
ovember 5, 2001 10 C vi i Board of Adjus tmen t and Appeals
INITIATED BY : Community D eve lopm e nt STAFF SOURCE : Tricia La ngon, Senior Planner
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION :
No p reviou s act ion has been tak en on thi s m att er.
RECOMMENDED ACTION:
Staff recommends that City Co unci l declare vaca ncies fo r th e fo ll owin g Boa rd of Adjustm ent an d
Appeals memberships: David Rasby , Member; and St even Mulh ern , Altern ate Member. Staff further
recommends th at C ity Council appoint a n e\\' Boa rd Member and Al terna te Member at the ea rli est
poss ibl e da t e. If an past ca ndidat e are cu rrent!\ ava ilable. th Board would appreciate Council 's
con si derati o n fo r an immediate appointment.
BACKGROUND:
Th e atten da nce p o licy adopted by the Boa rd of Adjus tmen t and Appeals requires m embers to
atte nd a minimum of 75% of regu larl y sc hed ul ed Board m ee tings . Mr. Rasbv was appointed t o th e
Boa rd o n February 16, 1999. M r. Ras b y's atten da nce his tory is :
1999 1 1 of 11 m ee tings 1 00%
2000 6 of 9 m ee t ings 66 %
200 1 2 of 6 m ee tin gs 33%
D uring 200 1, M r. Rasby attended th e March mee ting where th e onl business was t he elec ti o n o i
office rs. O n A ugu st 8, th e Boa rd disc ussed Mr. Rasb . 's absen from t he Jun e, Ju ly and August
m ee tings. Boa rd C hai r, Ji ll Carls t on, w r o t e t o Mr. Rasb regarding his attendance (See att ;;ic hed
letter). Mr. Ras by att ended th e Se ptember m ee t ing, arr iving la te, and offered no o mm en ts on
ei ther Chai r Ca rl st on 's le tt er o r hi s pas t att endan e. A t the O tober meet ing th e Boa rd dis cuss ed
M r. Rasby 's ab se n ce agai n an d di rec t ed staff t o p rep are necessary docum ents to reques t tha t a
vac an cy be decla red and appoin t me nt of the de ig nat ed alt erna te member (See attached request
by C hair Ca rl st on on behalf of the Boa rd ).
Staff conta cted Alt erna te Member Steven Mulhern regardin g a potential Boa rd vaca ncy. Mr.
M u lh ern 's resignati o n letter is atta ched .
LIST OF ATTACHMENTS:
Le tter: Jill Carls to n A ugust 15, 200 1
Letter : Jill Carls ton Oct ober 18, :.:!001
Le tter : Steven G. Mulhern Ocot ober 23 , :.:!0 0 I
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August 15 , 2001
Mr. David Rasby
4911 South Logan Street
Englewood, CO 80110
Dear David,
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3218 South Pennsylvania Street
Englewood, Colorado 80110
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I am writing to you because your tardiness and absences at the past several regularly scheduled
monthly meetings of the Board of Adjustment and Appeals has caused concern to me and the
Board.
The applicant's who come before the Board expect our full attention and participation and it is
our duty to be on time and in attendance at the regularly scheduled meetings .
We have enjoyed and appreciated your presence at the Board meetings; however, if you are
unable to commit to regularly attending the monthly meetings, I ask that you consider tendering
your resignation from the Board.
Please do not hesitate to contact me at my home (303 ) 806-0919 or work (303 ) 556-2292 if you
would like to discuss this issue . I will look forward to your reply and/or your attendance at the
September 12 , 2001 meeting.
Sincerely,
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Jill Carlston
Chair, Board of Adjustment and Appeals
City of Englewood
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32 18 South Penns y lvania Street
Englewood, Colorado 80110
October 18 , 2001
The Honorable Thomas J. Burns
Mayor, City of Englewood
Members of the Englewood City Council
1000 Englewood Parkway
Englewood, Colorado 80110
Dear Mayor Burns and Members of the City Council :
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The Board of Adjustment and Appeals ' attendance policy states "Members are expected to
attend all meetings of the Board. The Board may recommend that City Council remo ve an y
member who is absent for more than twenty five (25 ) percent of the regular! sc hed ul ed
meetings during a one (1) y ear period ." Mr. David Rasb y has attended onl y two of th e six
meetings held this y ear (March and September ). In 2000 Mr. Rasb y attend ed o nl y six of th e nin e
meetings held , the lowest attendance rate of Board member that year. I wrote a lett er to 1\ Ir.
Rasby dated August 15 , 2001, regarding his tardiness and absences . At the September m ee tin g
he arrived 20 minutes late and gave no explanation for his attendance history.
Applicants who come before the Board of Adjustment and Appeals expect our full attention and
participation . Chronic absence of a Board member is detrimental to an applicant's va riance o r
appeal request and creates the risk of canceling a public hearing for lack of quorum .
Ms . Tricia Langon, Senior Planner, Community Development Department, spoke to Mr. Steven
Mulhern, the designated alternate to the Board . Mr. Mulhern indicated that at this tim e he is
unable to fill a potential Board vacancy .
The Board asks that City Council declare a vacancy for Mr. Rasby 's seat on the Board du e to his
attendance record . The Board further requests that City Council appoint a new memb er to thi s
vacancy at the earliest possible date .
Thank you for y our consideration of this request.
Sincerel y,
Jill Carlston
cc Board 0 1 d1ustmen1 and Appeals
Nancy Reid, ASSIS I.lilt Cllv A n orney
Tricia La ngon , Se ni or Planner
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October 23, 2001
City Council
CITY OF ENGLEWOOD
c/o Ms. Trisha Langon
1000 Englewood Parkway
Englewood, Colorado 80110
Dear Trisha:
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Via Facsimile (303.1 783-6895 & u.s. Mail
Please accept my resignation from the Board of Appeals effective immediately. Given
my current family and wor1( obligations, my ability to continue to serve as an alternative
member on the Board is not realistic.
Please know you may count on me for continued support and advice. I apologize for
any inconvenience this may cause.
RECEIVE f ·
OCT 2 e 2001
SCM/zb
CMO Re.:J lty Investors. L.P .
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ORDINANCE NO._
SERlES OF 2001
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BY A 'THOR!TY
COU '.'J C!L BILL '.'JO . 36
l~TROD UCE D BY COC :\'CIL
~IE:\lBER Yu~CHICI. GARRETT
AN ORDINANCE AMENDING TITLE 7, CHAPTER lA, OF THE ENGLEWOOD
MUNICIPAL CODE 2000, PERTAINI~G TO DOGS AND CA TS .
WHEREAS , the recommended time betw ee n vaccinations for d ogs a nd cats h as changed
ove r time ; and
WHEREAS , thjs Ordina nce will upda t e t h e dog a nd cat r egul atio n s to r e fl ect those
changes; and
WHEREAS , the Englewood Co d e Enfor ce me nt Advi so ry Co mmittee has r e newed t he
current dog at la rge provisio ns of the Englewoo d '.vlurncipal Code a nd has dete rmrne d that
co ntrol by vo ic e co mm a nd h as prO\·e n inadequate t o ma inta in co ntrol of d ogs wh e n the dogs
are away from the pre mi ses of the owne r or kee per : a nd
WHEREAS , the Englewoo d Code Enforce ment Advisory Co mmittee has r eco mm e nded th e
City require that all d ogs be on a leash wh e n a way fr om the premi ses of t he owne r o r kee pe r :
and
WHEREAS , the Engle wood Code Adnso ry Co mmittee has r eviewed the crue lty t o d oe:· a nd
cats provisions of the Engl ewood :\lumc1pa l Co d e a nd reco mm e n ds mod 111c::1t1 o n s to pr ope rl y
care for s uch a njm als ;
NOW , THEREFORE. BE IT ORDAl:\'ED BY THE CITY CO 'NCI L OF THE C ITY OF
E. 'GLEWOOD , CO LORADO . A FOLLOW S :
Sectjon 1. The City oun ctl of the City of Engle wood , Co lor a d o he re by a m e nd s Title 7,
Ch a pter lA . S ction 1, of the Englewood ~lumcip a l Co de 2000. to r ead as foll o ws:
7-lA-l: Definitions.
For the pu r po se of th ts Article , ce r tai n term s a nd wo rd s a r e he rewith d e fi ned as
fo ll ows:
.4djoi:ni ng Owners, Residents: The owners and re s id e nt of la nd s tha t a r e s u pported
by a co mm on bounda ry [jne .
. \nime l Ge,tlffll Office,: The pe1seA er pe 1se As e fflpe .. erea I!., the Ci t, r,e e Afe 1ee the
pr e ,1 s 1eA s ef tht s .\ruele .
. \11imal Shelte r: Any pre mises design ated by t he 'ity fo r the purpose of bo:1 rd 111 ~ :rncl
ca nn g fo r a ny :inimal an pounded unde r t he pr ovision s of tlu · Art1 cle or a ny o the r on lm ance
or law of t he State f Colorad o.
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Attack: Any dog or cat tha t , with o u t p ro,·ocation , including the definition from
Section 7-lA-lO (C) E:\IC bites or attacks hum a n be ing . or in a vi cious a nd t e rrorizi n g
m a nner a ttacks , or a pproach es in an a pp a r e nt attitud e of attack . a per on a n y whe r e w1thm
this City, or a d og or cat that runs afte r and bites, barks or growls at a ny othe r a 111m al.
bicycle or a n y ve hicl e being ridden or dri,·e n upon the s treets. side wa lk s or a ny public grou nd
or other place open t o the general public within this City.
Cat: A dom esticated carnivorou s mammal Fe li s Catu s. 'Thi s d oes n ot include any
felidae n ot dom esticated s uch as lion , tige r , wild ca t . e t c. which are included w1thm the
provision s of Section 7-lC-3 EMC .
Dog: A ca rnivor ous domesticate d m a mma l of the canine s pecies. Canis Familmris
a nd the product of Ca ni s Lupus h aving been bred Ca ni s Farniliaris. '!'he foll owrn g are
e xcluded from and are n ot a p a rt of t hi s definition : J ackal s: foxes : a nd re lated a 111m al,; a nd
wolves, Canis Lupus a ll of which come within the provis ion s of Sect10n 7-I C-3 E:\l
Do g or Cat, Castrated Male (Neu t ered): An y ma le clog or cat u po n wh1ch nlternam·e
s urge ry of the genital organs has bee n performe d by a lice n sed veterinarian a nd
accompanied by a ce rtificate a sserting s u ch operati on h as been performe d .
Dog or Cat, Female (.Vot Spayed): Any cl og or cat of the fe m ale ge nde r up on whi ch n o
alte rnative s urge ry of the genital orga n s has bee n pe rform ed.
Do g or Cat, Female Spayed: Any female d og or ca t on which a n ova ri ot orn y or
ovari oh yste r ectom y h as been perfoi·med by a li ce n se d vete rinarian a nd accompa 111 ed by n
ce rtificate asserting s uch oper ation has bee n pe rform e d .
Dog or C ,t, .Hale (S ot S eu te red ): Any dog or cat of m asculin e g~nJe r up on wh.i .:h no
a lte rnative s urge ry of the ge nital organ ha bee n pe r fo rmed .
Dog or Cat Ow ner: An y perso n k ee ping , harboring or h aving the full or t e mpo rary
ca r e of a d og or ca t a t the time a ny vi olation of t hi s Article i co mmitted .
Dog or Cat , Stray and /or Rwu1ing at Large: Any d og or cat w1th111 the Ci ty lim its.
outside of owne r 's prope rty , unaccompame d by owner as d e fined here in .
Grievo u s Bodily Harm: Bodily injury which involv es a s ub stantial ri s k of d eath .
se rious pe rm a n e nt di s figure m e nt, or protracted lo ss or imp airm e nt of t h e fun ction of a n y
pa rt or or ga n of the body .
Guard or A ttack Dog: Any dog tram d to atta ck a pe rson. or acq uire d fo r the purpose
of patrolling property or attacki n g a ny p e r so n . Also mcluded 1s a ny cl og whose action h a,·c
pre vi ou s ly r esulted m a co nnction of its owne r of a v iola ti o n of ection i · l A-10 E:\l C ,8t;.
Hobby Bree der: Any pe r so n who , o utsid e of hi s r eg ular co urse of e mploy me nt . is
breeding purebred dog in a n a tte mpt t o impro\'e the br e d through co n troll e d propagation .
t hus ac h1 e \'lng c:u e full y de s ired qualiue a nd tra it s.
Ke11 11e/s 01· Catte ry: Any place whe r e clogs or cats n r c born , bred . rai sed , boarded. fed
or sold , fo r any 1·a lu a bl e con s 1d erat1 on . but s h a ll not m cl ud c a h o useh old wh ich ·e ll s u ni v the
ot'fs pnn[( o i' :.1 1e ma le dog or cat mamr.ame d ~o lc ly ns n family pe t.
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R abies: A nl'al e n cephaliti s . almost alway fatal to both wLld and d om esu c animals .
that may affect any w arm-blood e d animal but is m o t co mm on i n cnrm,·or es a nd n e w w o rld
bats. In the l'111ted States. fo xes , skunks and raccoon are the m3J OI' wild ca r111\'o r e h o;,ts.
though d om estic d ogs a nd cats r e main t b e m os t impo rtant sour ce of hum a n e xpos ure .
Sectjon 2. The City Cow1c1I of the City o f Engle w ood . C olorado here by a m e nd s Title 7 .
Chapter lA, Sections 2 a nd 3, of the Englewood :\lu111 c1pal od e 2000. to l'ea d as foll ow s:
7-IA-2: Runnin g at La rge Proh i b ited .
A. Dogs a t La rge. It s hall be unlaw ful fo l' a ny owne r o r pe l',on h a nng th e ca !'e. c u stody
a nd co ntrol of any dog to allow s u ch d og t o !'Un at la l'g e 111 the Cny . ttRleJe stteh d e b
is t11ule1 ihe , e .,se A-ble eeAtrel ef 3tteh e .. Rei e r iie, sen.
B .
-h f o r the purpo e o f th1 s ecuon , a cl o g hall be deemed t o b e runn111 g at brge
whe n off or a w ay fr om the pre mises o f the owne r. possessol' o r k ee e r th0 r eof
and n o t under th e eeAtrel ef s tteh e .. ner . iiessesser e r lteqie, ... ·he .:ahsll I,,
eemiieteAl t e ee Atre l s ueh deg SAO "h a ma, be I e qttu ee te dem e n stJ ote t tl ,
m e mb e r efthe City Perse ,rnel, lus e , her eb,litf te ee un e l sueh d e g: .. he A,"·
J tt e h deg IS fl Bl liefl t BA 81 eB AU BIJed a .• 6 !ea.:ah . e~1a B! C:Aillfl l~Bl lB dCCcci
teA fee t (Hl '). C,t_. s hell me1Atarn a teee, a ef all en11oeelJ 1mri e,11Hl ea te:,etl.,,
.. ith ell fees eelleete a o n a leash h e ld b,· a Je r son able o co nt rn l the dQg .
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~l et .. ith s te Ading BAJ e f the rira ,is ie As ef t!a1s Seet1en , e deg a hell lie aecmcd
Aet uAder 1eese11eale eeAttel .. heA BAJ efthe felle .. 1Ag ee Ha 1t1 e ns eeett r :
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ThP ~A~ iRGiets r4Fl•'AR~e ' 1si j •t:I' h_ , ,, fl!! JUtBr1!1lg' tp P ,· !) t•i .. _
ef, egetetiefl, aP a_. !IA) ether meeAs luttsee ,e r , te the rietsen e ,
preiie, ty ef BAJ eAe e ther thttA th e e ,rne ,. e .,eeiit tfl t h e aefe11-e sf the
e .. Aer, his family e r llreriert,. e r en. Bbl; uAaer the etmtrel end
eemmene ef e rie l:t ee effieer ,n the ee ,m•e ef h,a attt).
IA the e!lse ef l:lH) u,~ap,iy ed fe 1tHtl e fle e:, .. l,,le ,,ua deg ,,. "' edtl ttJ
(IA h est 61 ifl -€8361\I trna !\Bl ~eet11•el,. ee n finea 111 the 8 .. fl( 1 's. 81 d .
lle A e , e tla e 1 e Ael es tt¥e.
e d o t und-=1·
ll )_Q11 -~lu.!.:.1.!..g
Lh t· t'O llt rul
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§: In the case of a m · unspa,·ed fe m ale dog. while said dog is in estrus (i n h ea t
or in season) a nd n ot secureh· confi n e d m the own er ·s vard pe n or oihe r
e nclos ure.
£. B . Ca t s. It s h a ll be unl a wful fo r a ny owne r of a cat to a ll ow s uch cat t o rnn at large in
t h e City a nd to beco m e or cr ea t e a nuisa nce. No twithstanding a ny othe r provisi on s of
th.i s Section, a cat s h a ll be deemed to be a nuisa n ce whe n a n y of the fo llowing
co nditions occ ur:
l. The cat inflicts damage or injury by biting. jumping up on , po lluting of
vege tation or by a n y other mean s wha tsoeve r . t o the per so n or prope rty of
anyo n e oth e r than the owne r .
2 . In the case o f a ny uns p ayed fe ma le cat. wh ile said cat is in estrus (m h eat o r
m easo n ) a nd not secur e ly co nfin ed in the owne r 's yard. pen or othe r
e n closur e.
&.-.Oertt1 lt., .. \1,3 e , fter ,,, f)er 8e ft fettftd gtti:lt) ef, iel8trng 8ft) ef t h e flrEl. ,~,e "e ef th,•
Seet111ft@ha-H he flttM8hed 88 f)re,ided tft Seetieft l I l. Sftgle .. eed ?ilun1 c:11H1l Cede
,!OOG.
7-lA-3 : lmpoundment of Animals; '.'Jotice. Disposition.
JJ
An y d og or cat or dog or cats, fo und running at large a nd/or cr eatme a pu bli c
nui sa n ce, a n d a n v dog or cats s ubj ect to cruel t r eatm e nt ns spec1 fi esL 111 e~!J QJl,L·
1, -i '.\-, m ay be tak e n by the .',ftim8l Ce fttr el Offiee1 ~ and im pounded 111 the
s helte r designated 11-!t g,¥ the City . .',ftHH8l S he lte1 8ft6 the r e een-&,,ed u, a ht1m ,rn
rtt8ftftH for a f)e1"1ed ef 1'16t less th8ft 81.1 (6) 68) s snd ma) t he1 estfer be !'11~peee!'I et
11'1 8 httmsfte m8.ftfter tf ftet els1med h) the1.1" en l'ler8. Oegs e1 eete n et~ Ii ,
e ieuft ed b3 their e .. ft e rs befere the e.1f)1ret1el'I efs1.1 (6 ) 68)8 , De g• ere~
eit111'1•etl h, the tr e .. fter~ befere the e.1pir11 tien e (:!1.1 (6l Ela,~ HHlJ be: 6 1dJlehfi ef at
the BH!eJ"et1en ef the ~:'nlffllel Ce ntre! Offieer . e.tee pt as h et e 111efte r I" e. ,tletl .
Dqgs or cat s n ot clai m e d bv t h ei r owners before the exp 1rat1on of s ix (6) dav. m av b
di sposed of at the di scr etion of the Citv e xcept as he r einafter pronded.
Dogs o r ca t s fo und r unning at large m a,· be claimed hv t he ir owners before t he · a r e
dis o~e d of bv the Ci tv .
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prove n be \'Ond a r e a so na bl e doubt .
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T h e Judge fi n ds th at the ca r e a nd ~nte n a nce iss ues under Sectton 7 -1.\-It BJ
B J;;, The ;\i,:i:msl Ce Hu e l Offiee1 Cm· may tra n fe r title of a ny dog or cat h eld at th e
Ani m al S h e lte r t o the Society fo r the Pre ,· nt1 on of Crue lty to .-\nim a l · after the le!(al
d etentio n pe r iod ha s e xp ir e d a n d uch dog or ca t h as n ot bee n claim ed by 1t own e r .
G be Whe n dogs or cats a1·e fo und runnin g at large a nd their owne r s hip i known to tt1e
:\:n:i:msl Ce i,trel Offiee1 Cit ,· pe r so nne l, s u ch d ogs or cats n eed n ot be impound e d . bu t
s u ch 6ffiee1,.. pe r so nne l may ci t e t h e owne r s of s uc h dogs or cats t o appea r 111 ettttt't
Co urt or the Violati on s Burea u to a ns we r charges of the vio lation of t hi s Article.
& £;1. Imm e di a t e ly up on impound ing d og o r ca t s , th ,\i,1m al Ce i,t 1 e l Offiee 1 Cirv ha ll
m a k e e \'e ry poss ibl e , r easonable e ffor t t o n otify the owne r s of s uc h d ogs or cats ~o
impounded a nd inform s uch owne r of the co nd1uo n s whe r e by they m ay r ega111
c u s t ody of s uch dogs or cats.
Section 3. The City Co uncil of t he ity of Engle wood . olor ado h e reby a m e n ds Title 7.
Ch a pte r lA , Section 5. of t he En gle wood .\.luni c1pal ode :WOO . to read as foll ws:
7-lA-5: Vaccination Require d .
The owne r of each dog o r cat whic h 1s 1x (6) months of age or older shall cause s:11d
d og or cat to be vacc 111 a ted agai n st r abies with e ithe r a nnua l or t.hre 131 \'e:1 r r~mwL
S uch vaccin ation s h a ll be r e peated the r eaft e r ;IB_JJ;_ utre d b\' t h e serum. Dogs or cats s hall
be vacc inated by a n y veterin a ri a n lice n sed to practice ve t e nnary 111 edic111 e .. -\ ce rtificate of
vacci nation . in duplicate, hall be co mpleted b~-t h e veter111 a n an , o n e copy t o be iss ued to the
dog or cat owne r a nd on e to be r e t a in e d i n t h e ve t e r111 a r ian's files .
Any d og or cat 111 t h e c u tod y of h e Cit\' ,1 ,,., pe lt ee e ffie e r .. \1u1tutl Ce1u1 e l Offie e 1 0 1·
tn the C1~ r,e ttntl s h aJJ be re leased to t h e owne r of sa id dog o r ca t fo r a pe r iod of t 11n e not to
e xceed five \5) days in order to o btain t h e ,·acc m n tt o n of t he dog-01· ca t.
SeC't.jon 4. The City Co uncil o f t he City ofE n gkwourl . <'o lorado he re by ::i m cnrl , T itl <! 7
Chapte r lA , Section i . of t h e E n glewood :\1uni c,pnl od e :.!000 , to r ad .. ,,; fo ll ows:
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7-l A -7: Cru e lty T o Dogs And Cat s.
Q· It s hall be unlawful to kill , ma im . disfigure , to r ture, to rm e nt. neg lect, beat wi t h a s ti ck.
burn or scald with a ny substance. or cause a dog or ca t to e ndure unreasona bl e or
unjus tifiable pain, suffe ring or miury .
Care and .Maint.enance. It s h a ll be unla wful fo r a nv pe r .on kee in° or ha r bonn a nv
d og or cat to fail or r e fuse to provide such d o or at wtth ro er foo d dnnk •ha e
and sh e lter . Proper foo d. d r mk . s h ade and sh elter s hall r equire that :
j .
Each dog or ca t s h a ll r ece iv e a n a de quate d a ih· s up ph· of clea n fr es h food
s uita ble fo r t h e n urture of t he specie.· ph,·s1ca l co ndition and a ge s ufficie nt to
mai n tain a h ealth,· level of nutrition.
r free-t1 owmg
ta le .
ro n~__f_.
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.h all be s tructura llv sound. clea n . adeq uatel v !'17. d a nd ma mtamed m <>ood
r a1 · t o protect t he dog or cat fr om imurv and fro m t he ele me nt3.
Th" 1i ,~,nu 'lr':'::t fpr t h,:) d0a "!" ca t Qhq ll i,~ IP :1rie ,1 1:tt'? rir~!n'.1"~ ~u ch t!~:1.t tr.~
o_g_or ca t ~ha ll be fr ee to walk. sit s tretc h or he do wn on a dr,· su r face .
If (I dog or ca t is housed outd oo r s m a ddition to a ~he lt er 1t s hall be rov1d d
with an n Io-u r e to mi ni mi ze r -k f mun· a n d to r on de s uffi cie n t• ac!Ll.Q
e nable freedom of mo ,·e me nt a nd e xercise .
Sectton 5. The Ci t y Co uncil of the it y of Englewood , Co lor a do hereby amend · Ti tl e 7.
hapte r I A, Section 8· l , of the Englewoo d :"\lum cipa l Code 2000 , to r ead as fo ll ows:
7-l A-8-1: R e m oval of E xcr e m e nt : Da ma ge to S hrubbery or Plants .
g; It s hall be unlawful fo r ::m y perso n m po ses31o n of. h a rb or ing. or 111 char1;e of an ·
dog to r efu e or fa il to r emo,·e forth wi th . e xcrement deposited by said d o(l up o n a
co mmon thoroughfare . street. id ewal k . play a r ea. pa r k or upon othe r public
'1 Jer m1 s~i n f t h own~_g n,1 nt_:,f
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lt s ha!J be unlawful fo r anv pe r so n in posses ion of harboring or in ch a r~
dog to refuse or fail to remove e xcr e me nt deposite d bv said d og upon private prope rn·
whe n permission of the owner or tenant of said propertv h as bee n obta ine d within
fo rtv-ei ght (-18 ) h ours afte r being depos ite d. "he A f!erm1 33 1en ef the e .. Aer e , te1Mnt
ef s11ia flPBf!ert, hss Aet eeeA eet11iAea . a nd s uch 1s h e r e by d ee med t o be a public
nuisan ce and prohi bited. Dog excr ement s h all n ot be placed in torm sewers but
s hall be disposed of in a s anitary manne r .
B J;. It s hall be unl a wful fo r any owner. po se sor or pe r so n who kee p a n y d og to permit
s u ch dog. whether or n ot running at large. to des troy. dam age or injure any
s hrubbery , plants, fl owe r s. gra ss. lawn. fe nce o r anything whatsoeve r up on a ny
public premises or upon any private premi ses owned or occ upied by a p e r son othe r
than the owner, possessor . or k ee per of uch d og, a nd the sam e I he r eby declar d t o
be a public nui sance and proh1bited.
Sectjon 6. The C ity Council of the C tty of Engl e w ood. Co lorado h e r eby a m e n d Tttle I .
Chapter IA, Section 11 , of the Englewood ~u111 c1pal Code 2000 . to r ead as follo w s :
7-lA-11: Destruction Hearing.
A . Whene\'er the co nduct of any dog or ca t ha r esulted in t wo (2) co m·iction s of offe n ses
pro cnbed in S ectton i-1...\-10 E'.\IC efthe E:Agle .. eea ?hm1e1f1!tl CeEie wi thin a
consecuti\'e two (2) year period ; or i r e po n 1bl e fo r infl1 ct111g dea th or grie "ou s bod1ly
harm upon a hum a n be mg. the City of Englewood m a y 1111ttate a h earmg in the
Englewood ~lunic1p a l Court petit1onmg that co urt fo r a n orde r of des truction of th a t
d og or cat.
B. );otificatio n will be gi,·e n to t h e dog or cat owne r , as the n a m ed r esponde n t. of the
h earing date , µla ce, a nd time no la t e r ti.an fifteen (15) days pnor to the h ea rm g.
This n ottce will be a cco mparued with m format1on on which the h earing 1s ha ed.
C. Ex cep t a otherw i e pronde d h e re m , the h eanng will be co nduct e d m accor da nce
with the prov1 s 1o n s of Section 1-10-1 E'.\L . ef E:Agle. eed Mt1Ate1f!t1l Cede ef '.:000 ,
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n oti ce a nd h earing proce dures. The C ity of Englewood will ha\'e the burden of p rnv1 n g
the a ll e gati on s by a pre ponde rance of the e vtde nce . The res p ond e nt 1s e ntitl ed t o b
r e prese nte d by cou n sel at res p onde nt's e xpe n se a nd ha s the nght to cr oss e xannne
a ny witness ca ll ed by t he City , the right to present witnesses a nd e vide n ce, a nd to
testtfy or n ot .
The ;\I unicipal Court will d e term m e at the h ear in~ whethe r the dog or cat. because of
its ,·1c1ou s prnpensities, prese nts clea r or prese nt danger to th e safety o f t h e citizens
o f E n glewood . Wh e n the dog or cat ha s bee n the s ubi ect to two (2) co nnct 10 n s of
attack n ot r es ultm g in gn e vou bodil~· harm . o r prope rty damage of fi\'e hund r ed
dolla r (S 500.00) o r m or e within a two-(2) yea r penod . or it 1s r espon s i b le fo r
infli cting death or grievou s bodily harm upo n a huma n be 111 g, th re 1s a pres umpti on
the dog o r ca t h as ,•1c1o us tende ncies and prese nts a clear a nd prese nt danger o th e
afet , o f the c1t1 ze n s of E n glewood. This presumpti on ca n onl y be r ebutte d by clea r
and co nnncmg e \'id e n ce to the co ntrary . l_;pon t he co w ·t's detc rm111 at1o n that the dog
or cat pres nts a clear or present dange r to the afetv of Englewoa<I cm ze n s. t h e
court will ord er the 'tty to destrny t h e dog o r ca t fo rthwtth .
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E. If the dog or ca t 1s not co nfined bv the Citv . ir, the E;r,gle .. eed .\,r,i1ttsl ,h e lte., t he
City may petiuon the Englewoo d Murucipa l Co w"t fo r a forthwith order to co nfine t he
a nimal pending the outcome of the d estruction hearing. a nd the cos t s of s a id
co nfine me nt will be assessed by the ~!unicipa l Co urt at t he te rmination of the
hearing.
Section 12 Safety Clauses The City Co uncil her e by find s. determ in es, a nd declares
that this Ordinance is promulgated under the ge neral poli ce power of the City of 8nglewood ,
that it is promulga ted for the health, safety. a nd welfare of the public. a nd that this
Ordinance is necessary for the preser va ti on of health a nd s afe t y and fo r t h e prot ec ti on of
public co nvenience and welfare. The City Co uncil further d ete rmine that t he Ord111 ance
bears a ration a l relation to the proper legis latl\·e obiect sought t o be obtained .
Section 13 Severabilitv If any cl a use. sent e nce , paragraph. or pa rt of t h is Ord111an ce or
the a pplicati on t hereof to any person or cir cum stances s ha ll fo r a ny r easo n be a rliudged by o
court of co mpetent jurisdiction mvalid . s uch ;udgme nt s h a ll not affect. 1mpa1r or 111 rn hdate
the r e m ainder of this Ordinance or it application to other person s or circum sta nces.
Section 1:1 Inconsistent Ordinance s. All ot he r Ordinances or portion the r eof
inco n s isten t or co nfli cting with this Ordinance or any portion hereo f a r e hereb y r e p a l d to
the e xte n t of s uch in co nsist e ncy or conflict.
Section 15 Effect ofr epea ! or modificat10n . Th e r epe al or modifi ca tio n of a ny p ro n •1on of
the Code of the City of Englewoo d by this Ordinance s h all not relea se, e xungu1 h. al t e r ,
modify . or change in whole or in part any penalty . fo rfeiture . or liability . either civil or
criminal. which s hall h a ve bee n incurred unde r s uch prons1 on, a nd each pro,·, ,o n ·hall be
treate d and he ld as still r e maining in force for the purposes of su stainrng a ny a nd all pro pe r
ac tion s , s uits. proceedings , and prosec utions for the e n fo r cement of the penalty. forfeit ure. o r
li a1' hty , a~ •v e lJ 3 fe r .. he purp ose of us taini!lg 3!!~' Jud~""1 ent . rl '?c re-e , e r 'J rd .,. whir:-~ c:.1 n e r
may be r e nde red . e ntered . or made in such acti on s. s uits , proceed in gs . or prosecution s .
Section 16 ~ The Penalty Provi s ion of Sect1 on J.4. J E:'11C s h all app ly to each a nd
eve r y vi olation of this Ordinance .
Introd u ced. r ead m fu ll. a nd pas ed on fir st reading on the 6th day of Au gust. 200 l.
Published as a 8111 fo r an Ordrnance o n the 10th day of .\u gu s t. 2001.
A Public Heanng wa s h e ld on Septembe r 4. :.!001.
Second r eadin g was co ntinued to Octo ber 1;;. 2001.
Re ad . amended a nd passed as a me nded on the 15th day of Oc t ober. 2001.
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Publis hed as a n a me nded B1U for a n Ordinance on the 19th day of Oct o be r , 2001 .
Read by utl e a nd pas ed on fin a l r eading on the 5th day of ::S:ove mber. 2001.
Publis hed by title a s Ordinance No. ~ Serie s of 2001 , on the 9th d ay of :-.iov e mber ,
2001.
Thomas J. Burn , :'-la yo r
ATTEST:
Loucrishia A. Ellis, City Clerk
I , Loucrishia A. Ellis, City Clerk of the City of Englewood . Co lor a d o. h e r e by ce m fy t ha t
the above and foregoing is a true copy of the Ordinance p assed on final r ead m g a nd
published by title as Ordinance No._, Series of 2001.
Loucri hia A. Ellis
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ORDINANCE NO._
SERIES OF 200 l
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BY AUTHORITY
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CO U NCIL BILL NO . 3 7
INTROD UCED BY CO UNC IL
MEMBER YURCHI C!vGARRETT
AN ORDINANCE AMENDING TITLE 7 , CHAPTER lA, OF THE ENGLEWOOD
MU NICIPAL CODE 2000 PERTAINING TO THE NUMBER OF A i llVlALS
MAINTAINED AT A HOUSEHOLD OR PREMISES.
WHEREAS, the curre nt ordinance limits the number of animals a ll owed t o be
mainta ine d a t one household or premis es t o two dogs a nd tw o cat s ;
NOW , THEREFORE. BE IT ORDAINED BY THE CITY COU ;CIL OF THE C ITY OF
ENGLEWOOD. COLORADO , AS FOLLOWS :
Secti on J. The City Co uncil of the City of Englewood , Co lor a d o h er e by a me nds Title
i , Ch a p ter lA . Secti o n .t . of the Englewoo d ~1uni cip a l Co d e 2000 , t o read as fo !J ow s:
7-lA-.t : . ttmb e r of a nim a ls ma inta ined on pre mi ses: li ce n se req uue me nts.
No h o u sehold . j)lacc or premises may h ave more than two (2) dogs et' a nd tw o (2)
cats ov e r six (6) m onths of age without fir st h aving procured a City hobby breed e r 's
license a s hereina fter provided .. .\ City hobby breeder's licen se s hall not be r eqttired
where the place or premises are curre ntly li ce n sed a s a pet shop or boa rding kenne l.
purs uant t o section 12 -57-101 et seq . C.R.S . 1973. All household s pres efttd~ as o f
the effect ive date of the Ordinance owning three (3) dogs or ca t s witho ut a ho bby
breed er 's li ce n se may ma inta in the three (3) d ogs or ca t s curre ntly own ed but s h a ll
not mainta in mor e tha n t wo (2) d ogs et' l!..rui t wo (2) ca t s up on the death or loss of
owners hip of on e or more of the curre ntly owned three (3) d ogs or ca t s.
Section 2 Safety Clauses The City Co uncil he r eby find s . determines. a nd
declares that tlus Ordinance 1s promulga t ed under the ge ne ral po li ce powe r of the
City of Englewoo d . tha t 1t 1s promul ga t ed for the he alth. s afet y. a nd we lfa r e of the
public, and that t hi s Ordinance 1s necessa ry fo r t he prese r va ti on of health a nd safet y
and for the protection of public co nve ni ence a nd we lfare. The City Co uncil furthe r
determines tha t the Ordina nc e bear s a ra t ion a l re latwn to the prope r legisla tive
object s ought t o be obta ined .
Section 3 Severabjljty If any clause, sente nce , paragra ph . or pa rt of thi s
Ordinance or the application thereof to any pe rson or circum stances s h a ll for any
reason be adjudged by a court of competent jurisdiction invalid , s uch judgme nt s h a ll
not affect , imp a ir or invalidate the rem a ind e r of this Ordinance or it applicatwn t o
other persons or circumstances.
Sectjon 4 Inconsistent Ordinances All other Ordinances or portion s the r eof
inconsistent or confucting with this Ordinance or any portion hereof a r e he r e by
re pealed to the extent of such incon sis t e ncy or conflict .
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Section 5 Effect of repeal or modjficauon 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 m part any penalty, forfeiture , or
liability, either civil or criminal , which shall have been incurred under such provision ,
and each provis ion s hall be treated and held as s till remaining in force for the
purposes of sustaining any and all proper action s . suit s , procee dings, and
prosecutions for the enforcement of the penalty, forfeiture . or liability, as well as for
the purpose of sustaining any judgment, decree , or order which can or may be
rendered, entered, or made in such actions, suits. proceedings, or prosecutions.
Sectjon 6 ~ The Penalty Provision of Section 1-4 -1 EMC s hall apply to
each and every violation of this Ordinance.
Introduced, read in full , and passed on first reading on the 6th day of August.
2001.
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, amended and passed as amended on the 15th day of Octobe r , 2001.
Published as an amended Bill for an Ordinance on the 19th day of October,
2001.
Read by title and passed on final reading on the 5th day of November, 2001.
Published by title as Ordinance No .~ Series of 2001 , on the 9th day of
November. 2001.
Thomas J . Burns, Mayor
ATTEST:
Loucrishia A. Ellis . City Clerk
l, Loucri s hia A. Ellis, City Clerk of the City of Englewood . Colorado, here by certify
that the above and foregoing is a true copy of the Ordinance passed on final r eading
and published by title as Ordinance No._, Series of 2001.
Loucrishia A. Ellis
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, NOVEMBER 5, 2001
i:30 P.M.
Englewood Civic C en ter
Co un ci l Chambers
1000 En glewood Parkwa y
En glewood. CO 80 11 0
Ca ll ,o o,d ,. '/ '. tf:3 r
lm oca tion . ~
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M inutes .
Mi o"'~ fro m oh, m,,.iog of '''"'" Ci<y Co""'" M,,.iog of Oc<o b" f 5, 200 ~
Sc ed ul ed Vis it o rs. (Pl ease lim it your p resen tati on to ten minu tes.)
l~au ri e Roulston w ill be pr ese nt to add ress City Counci l reg ar ding Counci l Bills o. 36
~ndNo.37.
~Jane Colem an will b e prese nt to address Ci ty Co un cil rega r d in g Co un c il Bi ll s o 36
~and No 3 7 .
. ch JDIM_ ~s~J;tse 1i11;z/40t1 o n to f1 ~,
· ~rr ~C!. e~J::.;0 ~ lA(,()_
o mmuni ca llo ns, Proclam ations, and App o in t ments .
l.>;4,()£ T7/I= BAUJ ~u:ft)ff-
~ U z.AE~'lf-/ FR.. Y -lc6;
l5.SU6,.
Ul(p-0 tf'.-
S ssocia t1 o n. ~
b . ~rocla rn ati o n h o no rin g community mernb~d .c~IJ ;m,'o::e Ri c~ar d Bu ~ r s
<S"'-"(,edi ca ti o n t o th e community of Eng lewoo~ ~
e'-1-
lAJI.A911l.
Plene note: If you have a clililbilily and nttd auxiliary aids or sel'\'ices, please notify the City
(303·762·2405) at leut 48 houn in advance of when sel'\'ices are needed. Thank you .
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Eng lewood Citv Co un ci l Agenda
10,ember 5, 200 1
Page 2
9. Publi c H ea rin g one schedu led )
'°),":{~"''~-/()A !-cf -5: j <1ff , App,os al of o,dioaom oo Fi<s<R ea dio g. (r / (J-/ 7
i. COUNCIL BILL NO. 65 -Re com mendati o n fr om th e \, ater and e,, e r Boa r d to
adopt a bill fo r an o rdinan ce appro, ing n, o Eas e men t Agr e m en ts and a Quit
Claim D eed fr o m Ce ntennial Wa ter and San1 tat1 o n D1 tri t. STAFF SOURCE:
Stewart H. Fonda, Director of Utilities.
ii . COUNCIL BILL NO. 71 -Re com m enda tion from th e Water and ewer Bo ard to
adopt a bill for an ordinance app rov in g two License Agree m nts and l\vo
Tempo rary C o nstructi o n Agreemen ts fro m Cen t ennial Wa te r and ,mi tat1on
District. STAFF SOURCE : Stewart H. Fonda , Director of Utilities.
iii . COUNCIL BILL NO. 72 -Re com m endati o n from th e Water an d ewer Bo ard to
adopt a bill !Or an o rdin ance appro , ing So uth ga t e Supplement # I -1 . STAFF
SOURCE: Stewart H. Fonda, Director of Utilities.
iv . COUNCIL BILL NO. 7 3 -Re 01rnnendati o n fro m th e Departmen t of Saie t
Ser\ i es t o adopt a bill fo r an o rdinan ce appro, ing an ln tergo, ernm ental
Agre em ent with the C o lora d o Departm en t oi Tran spo rtati o n app rovi n g th e Law
Enforce ment Assistance Fund (LEAF ) contract ior D I de tec ti o n and
enforcement. STAFF SOURCE Division Chief Bob Moore.
b . Appro al of Ordinances o n Second Reading.
mJ /J-JL_ i.
COUNCIL BILL NO. 6 2, o rd inance approving an Enc roac hm ent Agreement fo r
3024 South Grant Stre et.
COU CIL BILL 0 . 67, es tabli hing th e 200 I Mill Levy to be coll ec t ed in 2002 .
COUNCIL BIL L 0 . 68, adopting th e 2002 Budge t .
COU CIL BILL NO. 69 , appro priating th e 2002 Budget.
COU CIL BILL 0 . 70, cr ea tin g a Tra nsportation Advisory Committee.
t;#-~ ii.
rJld-1-12 iii .
md:fi-0 iv.
{[)/-#-J£___v .
c. Resoluti o ns and Motio ns .
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i. Retomm endati on from th e Library Departm ent to ado pt a reso luti o n approving
th e 12'" annual "Food fo r Fin es " p rogram fr o m Monday, ove mbe r 18 thr o ugh
Friday, Dece mber 14 , 2001 . STAFF SOURCE: Hank long. Director of library
Services.
Please no : If you II.ave a disability and need auxiliary aids or wrvices. please notify the City of Englewood
(303-762-2405) at least 48 houn in advance of when services are needed . Thank you .
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Eng lewood City Co un cil Agenda
'ove mber 5, ~001
Page 3
iii .
iv .
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vii.
Recommenda t io n fr o m th e Human Reso urces D epartment t o ad op t a reso lut io n
approving th e 2002 C os t of Livi ng Adjustment fo r City of En glewood employees .
STAFF SOURCE: Sue Eaton, Director of Human Resources.
Recomm enda tion fr o m th e U til ities D epa rtm ent t o approve, b
Tap Agreement wi th Ex tended Stay Ame ri ca n H o tel. STAFF Sl'IIMDT'1:c:-t!
H. Fonda , Director of Utilities.
Re commen dat ion from th e Safety Services Departmen t t o apprO \ e. b:£ot1 o n]
a 1500 America n LaFran ce Fire Engine for th e Fire Division . STAFF S~CE:
Chris Olson, Director of Safety Services.
Recommendati on from th e Library D epartm ent t o apprO\ e, b\ m o ti o n,
contract with Sla ter-Paull & Ass ociates for Archit ectural & En nng "ic e
relat ed to stabi liza ti on of th e Th o mas Skerritt House. STAFF SOURCE: Hank
Long. Director of Library Services.
Recommendation from th e D epartmen t of Information Te chn o lo gy to appro,
b motion, n addendum to the c urrent proi es ional ser\ 1 o n uhm g
a ree wi th D eloitt e & To uc h e relat ed t o Project 181 . STAFF SOURCE :
Don Ingle, Director of Information Technology .
Rs.c ati on from th e Community D evelopmen t Department t o declare,
b m otion, vo vacan c ies o n th e Boa rd of Adjus tm en t and Appeals . STAFF
S UR : ricia Langon, Senior Planner.
11 . Regular Agenda.
a. Approva l o~ances on Fir st Rea din g. n /\J JJ A,;-
-b . Approval~Ordinances on Se co nd Rea ding. p ~~~ ·-~ ~L ~ ij,, £~~~:c~ Bill No. 36 , amending Title , Ch apter lA of th e En glewoocvM unic ipal ..
-... {J~ (!?~er~IC1~ -;tkO
'~---::::1:::::.. j_..~i/ ,/;, ;ouncil Bill No. 3 7, amending Titl e , C 1apter f th e Englewood Municipal
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c. Reso luti ons and M oti ons . / ~7-Z. :e--~~-o
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1::!. Genera l D iscussio n .
a . M ayor's Choice .
b. Council Members' Choice.
Plene note: If you have a disability and need au11iliary aids or services, please notify the City of Englewood
(303-762-2405) at least 48 houn in advance of when services an! needed. Thank you .
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Englewood City Co un ci l Age nda
ove mher 5, ~00 1
Page 4
13. City Manager's Report.
14. City Attorney's Report.
a. Recommendation fro m the City Attorne to approve , b 1w.zJr,,v America-West Printing Corporat ion, Case .... -~~
v (f ( VI.:>. am~unt owing ~o th~
Ad~·~/"" ~
The following minutes were transmitted to Ci ty Counci l b etween October 11 and ovem ber 1,
2001 :
Englewood Public Library Board meeting of Au gust 14, 200 1
Englewood Board of Adjustment and Appeal s m ee tin g of Sep tember 11 , 100 I
Englewood Planning and Z o ning Commissi o n m ee tin g of Sep tember 18, 100 t
Please note: If you haw a clilability and Med au11iliary aidl or services, please notify the City of Englewood
(303-762-2405) at lent 41 houn in advance of when services are needed. Thank you.
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MONDAY, NOVE .\.tBER 5. 2001
7:30 P.M.
Englew ooo Ci, ic Cente r
Co uncil Chamoers
1000 En gle'.Vood Pa r w -.
Engl ewooo. CO 801 i 0
1. Call to o rder. 7: 'f6 f"h,1...-/
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l nvoCJt1 o n . fci!J !/U.,).-
/)
3. Pledge 0 1 lleg1ance. /j{,l, ;.,-UA....-
:,. ,, linutes.
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11nutes rr o m the meeting oi Regu la r Cit\ C0unc:I \ \eet1n 0 1 Octo ber 15 :o ~( _ L:("-c,.J,, ".-
Scheduled is1 tors. (Please lim it o u r presentation o ten minutes .)
a. Laur ie Roulston ,. ill be p resent to acdress Citv Counc:I regarding Counc:I Bills 'J o. 36
and '\J o. 37".
b. Jane Coleman '.vi ii be p r esent to address Citv Co uncil rega rding C o un cil Bills "1 o . 3b
and o. 37".
E, ,4 !.,.._ L nscheduled Vi sitors . P'e:i.se li mn ou r o rese rau o n o ·" e minu es. t €)/\;) ,L · i'7:;A ,n,h~_;-,-~ (!_. IJ 11t ,1J I>-;--f£C JA.JJ E... ,!!YciL.'A; /)£,G<.'/J9 ,-:,,-Tl1:-T£
~ _(!,+l ;. "i:,_!j;-,-/h t .!, WK~ ,t..." L i;..,._,z.rr 6;;;--./ ,;;< / +1. L,t t , ~ !rt OIJZ-VG;u) . , CJ , mun1c:i.t1cns . P·oc! r.:an ons .. mo co c11 tmerrs . "t}· ._r-,·M lj/r E..
.. 1 ,...... "J. ?·oc.amau o n 0 cog111;:1 g (Jlle::n 3 ur!..e. P·es1dem JT the E:1 g1e'.Vooc ?araoe ,;ff,}':, .-•J ssociat1 on.{.J~ur-
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,J. ?·i;c'.:imau o n 1c o rm-o ·:s mmunm emce r i1if; _;t\ '!f11CIO',i:e c;:jc!1a rd Su n o n ;o r 'llS
jea,c .:iuon o th e ~::m muni '-<J T ::1g!e'.\ oo ct .£::.J-}.,J.,.J.l (.:)-
Plt!ase note: If vou have .1 disabiiitv .10ri need .1ux1iiarv .ud s ,,r ,ef\•ices . ple ase notiiv he Ci iv or Em;lew11110
11 0 3 · -r,2-l -411 51 .it least -411 hours in .1dv ance n i when "'"·iet'S .i re rieeded. Thank vou .
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:,g1e .. , oo d (it\, Coun cil Agenda
,o, em er 5. 2001
P:ige 2
9. Public Hearing \ ,o ne schedulea l,
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C on sen t A enda. 10 ~ . . ;, · · ·
f;A,RR,i;.;( /',1};0U }~IJSu l t '49f.JJl)/r-/rutS /Ocv -Ii/ J ! J-! -1/ 'f-,'[,e,1 -11! I
a. Approval o i O rd inances on Firs t Reading.
1. COL''-C IL BIL L "-0. 63 -Re co mmendati o n rro m the\\ at er nd Se,.,.,, Boa r · tc
adopt a bil l rc r n o rcinanc e app r ov ll1',\ l'-' o :Jsemem .>,;r eer 1er s .11,a a O 1
Claim Deed ·ro m Cente nnial V.1ter and Sanit.Jt 1c n Dis, •c:. STAFF SO URCE:
Stewart H. Fo nd a, Dir e cto r o r Utiliti es.
i i. COL''-CIL Bl LL ,'\,Q. :-1 · Re comrnen<lJ t1 u 11 irom the Valer an Se .. , er Bo ar to
adopt a bill ior an o rdinance appr o , i ng t\, o License ,.>,gr eements ~-"'J
Temporan Construction Agreements rr o m Centennial 'Aater an SanrtJ 10n
District. STAFF SO URCE: Ste wart H. Fonda. Directo r o r Utiliti e s.
i ii. coc;-...CIL BILL NO. ;-2 . Rec o rnrne11dat1 on ·ro m :he 'v \ at er .1 11 Se .. , er Bo ar to
adopt a bill 'or an ord i nance 1p1X O\ 1nis Sou th gJ t e $L,po lement ::· 5 STAH
SO URCE : Stewart H. Fo nd a . Dir ector or L'tiliti e .
iv. COU CIL BILL ,'JO. ;-3 -Re co mn,en :m en -r::i rn t1'e :J<:p,ir-ment .)r SJte ,
Se r, ices to ad op t J brll ro r a o rdinan c" Jc1::;rrJ, 1n~ 111 :ntcro;ri, <:rr iental
Agreement '.Vith the C o lo rado D o ar me t J t Transpu rt tic n oprO\rng he LJ\\
Eniorcement Assistance Fun LE F contrac: ·0r :JL I etec:r o n n
eniorcemen t. STAFF SO URCE Di vis ion Chi ei Bo b Moore .
b. App roval o i O rdi ances e n Second Readrng.
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COL''-Ci l BILL '-J O. 6 2 o rdinanc por0\111'; .rn Encroach m nt Agreement ior
30 24 Sout Gra nt Street.
COL!;,,.JC:L BIL. "0 . 6 :-e tab ris h111g :he 200 I 'vl ii l e," ro be ccl lecteo i n 2 002.
COL NC:L BILL '-0 . o d . ..1d o oun1s the 200 2 Budget .
COL':">C.L BI L'.. 0 . b ., appro prr ting he 200 2 Budget.
COL:S-C:L a ILL '-0 . -,') creat111"5 Tr:rnspo r;·t1 0 11 .\d, 1sorv C o mmittee.
c. Resolutions and \.\otr c ns.
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Kec c m enaau c n ·rs m ·he _ brw :)ep .;r·;r,<:n ·o JCOOt 1 ·e cl un on oorc, r 1<
th e : :·" Jnnual 'F•Jo o ·or ~•ne, · or o ~ra,.., · nm \Iona .;, "-c e"loer : 3 ·hcu·;n-
F·rcla , uecen oe r ' : ~O: STA FF SO URCE : Han k Lo n ;;, Director oi Li brarv
Se rv ices .
Ple ase note: If vou have J disab1iitv .ma neea au x1ii arv .mis o r ,e r\'IL e , lea se '101 i iv th e Ci tv ,11 En i;lewomJ
13 11 3-7(,2-2 411 .5) ,11 !eas t .m hou rs i n .rn v.,n,:e ,., •vni,n -e r'.•1ce ,l r P needed . Tha n k vou .
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En le'.Voocl Ci t, Coun cr l .-\ge nda
,o,ernber 5, cOOI
1 PJ-;e 3
Rec o mmend.:itr o n fr o m the 1-Ln a '1e so urce s D epa rtn ent o aa o ct a re solutro n
app r O\ ing :he ~00 ~ C o st o li\111 g -\djustment ·e r C:tv o i c:1g !e,.,oca ern pl O\ ee s.
ST ,.\ff SOURCE: Sue Eaton, Director of Human Resources.
iii. Rec o mme'ldatr o n fr o m he L'tilin es D eoartment to approve, bv m a tro n. a Se,_, e r
Tap Agreer ent w rth Exter. ed Sta, -\1 , errc:m H o te !. STAFF SO U RCE: Stewart
H. Fonda. Director of Utilities.
iv. Rec o mmenaation from the Sare t\ Sef\ rces Depart'.11ent to aporc, e, b, o t 1on.
a 13 0 0 Amer ic.:i n La france Fire Er grne ·o r the Fire Divisi o n. STAFF SO U RCE :
Chris Olson, Director of Safetv Services.
v. Rec o mmendati o n from the Li br.:m Departme n t to a p rove, b, matron. ,1
co ntract with Slate r-Paull & Ass o c ·ates i or -\rchrtectural & Engrnee ri r ~ S1e r . ice·
related to stab il ization o i the h o mas Skerritt H o use . STAFF SO RCE : Hank
Long, Director of Library Services.
i. Rec o mmendation from the Oepar ment o i lnr o rm at ion Tech nolog', c., cc r e\e.
b, motion. an addendum to the c urrent p ro i es siono l se f\lC:s ccnsLitrr~
ugreement with Delo itt e~-To u c he rel ate d ·o Prorect 18 15. STAFF SOI.J R CE :
v ii.
Don Ingle, Director of Information Technology.
Rec o mm end ati on fro m the C o mmunitv Develo pment Depar en t '.O ,Pci;:i r .-,,
bv moti o n. two vac:mcies on the Boa r d oi Adjustment and .-\o pe.JI . ST .\FF
SOURCE: Tricia L.ingon, Senior Planner.
Regular ,-\genda.
a.
b .
App r ova l o i Ordinances o n First Reading.
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Approval o i Ordinances o n Sec o nd Reading .
AF 0 ·o 5-0 GARR E-';101/ED -o "''-'E .Q COL '•C _ 3 L-',C "'; !:
ADD I GA 'IE'.'. P,>RA GR.;?-S ~'ICE -.-.,,.;: ':-C-
STAT ES ,rAT "'ARAGRr P -, SrA _ ,c-.;p c L, -c
,;;:? P ILOT PO.RK PRCGRA~1S UThC RIZEJ Y CCLNC:_
/ , RES OL TION
C o unci l Bill ,'lo. 36, amending itle -. Chapter 1 A o r he Englewoo \\un 1c 1pa l
Code pertaining to dogs and ca ts .!]~
!';'', ,.1.)J; ft (p ii. C o uncil Bill 'lo. 3:-, amending '7"itle -, Ci1ap er l A o i the Eng lew o od \l\unrc;pJI/.-, J
v U:.f,~ '.J) d 5 {) C a de pertarnrn,, :o number or anima ls ,iarntarned a t a housen old o r p remises.v9 ~!t/1"'-
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~c. Res ol uti o ns and\. o i o ns .
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Cenerul Discuss ion .
a . \.la\ o r's C:1o rc i!.
o. Jund \.\embers ' Choice.
Please note: If vou ha\'e .1 disabiiitv .1nd need .1uxiliarv ,uds 11r services. please notiiv the Ci tv or Eni;iewu,ui
3 0 3-~r,2-l-l05 l ,II least -Ill hours in .1d\',1nc e ,,iwhen er\'ices ,ire needed. Thank ,uu .
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Englewood City Co un cil -\genda '°' embe r 5. ~00 I
P,1ge -I
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13. C ity Ma n age r's Rep o rt.
1 ..J.. C it\ Att o rnev's Report.
a. Recommendation fr om the Cit\ :\tto rnev to a p pro, e . bv m o ti on. se tt lement o ; the
,-\me~1ca-West Pri nting Co rpwation. Ca se No. Ol C 16.31 , io r 5 3 .62 2.30. the iull
amou nt owing to the Citv._.,l;Ji/lf,~
Adj o urnment.3':,,J..,~ ~
/fJV.Jui.,,,.r--
Th e followi ng minu tes were transm itted to Citv Co uncil between October l 2 and ;•,o, ember 1.
2001 :
Eng le\ cod Public Libra r; Bo ar meeting o i Augus t 1-1 , 2001
Englewood Boa rd o f Adjustment and Appeals meeting o i Sep tember 12. 2001
Eng lewood Plan nin g and Zo ning C o mm issi o n meeting o i September 18. 200
Please nore: If vou have .i disabiiitv ,1 nd neet.1 .1u•iliarv .ii ds or services. please notiiv the Ci tv 11 1 ~m;lewoou
:1 11 3--:'(,2 -24115) .11 least ~I houn in adv.1nce or when services ~re needed. Thank vou.
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