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Home My WebLink About2001-12-17 (Regular) Meeting Agenda Packet• • . l • ···""' December 17, 2001 Regular City Council Meeting ,_ :.---· • ' .. • -' 0 • r, • .... ... . . - ' • • • • Regular City Council Meeting December 17, 2001 Ordinance #~. ~. 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90 Resolution #~~. 82, 83, 84, 85, 86, .87, 88, 89, 90, 91, 92, 93 • .. • 0 • 0 0 I • 0 • • -• • • • ENGLEWOOD CITY COUNCIL ENGLEWOOD. ARAPAHOE COUNTY. COLORADO Regular Session December 17, 2001 I. Call to Order The regular meeting of the Englewood City Council was called to order by Ma yo r Bradsha" a t 7:25 p .m. 2. Invocation The invocation was given by Council Member Nabhol z. 3. Pledge or Allegiance The Pledge of Allegiance was led by Mayor Bradshaw. 4 . Roll Call Present: Absent: A quorum was present. Also present: 5. Minutes Council Members Nabholz. Moore . G razuh s. Wolosyn, Yurchick, Bradshaw Council Member Garrett City Manager Sears City Attorney Brotzman Assistant City Manager Flaherty Deputy City Clerk White City Clerk Ellis Director Simpson, Community D~velopment ta) COUNCIL MEMBER GRAZULIS MOVED. AND IT WAS SECO~DED. TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF DECEMB•:R 3. 2001. Ayes: Nays : Abstain : Absent : Motion carried . 6. Scheduled Visitors Council Members , Moore , Wolosyn , Yurchick, Grazulis, Bradshaw None Council Member abholz Council Member Garrett (a) Mayor Bradshaw presented the Keep Englewood Beautiful's Holiday Lighting Awards with the assistance of Bill Donnell y. Community Development Planner I, and Keep Englewood Beautiful Commissioners Janet Berens and Jackie Edwards . Ms . Bradshaw said the first award for the 14• Annual Holiday Lighting Event , is the Mayor's Choice Award . She advised this award is gtven to the panicipant who best expresses the true meaning of the ,. .. I • 0 • • Englewood City Council December 17, 2001 Page 2 ·i .. • l ... • .. • -.. holidays and the holiday lighting event. Ms. Bradshaw said the holidays are certainl y about bnght hght s. however, they are also about sharing joy and fellowship with our family , friends and neighbors . Ma yor Bradshaw stated this year's award is presented to someone who has brought joy and light to all ofus by decorating with holiday lights . Mayor's Choice Award Michael Evans 3228 S. Clarkson St. Mayor Bradshaw advised that there are yard signs for the top winners, so that when you drive around th e City of Englewood you can tell what prize they've won. Lifetime Holiday Spirit Award Fantasy Land Award City Lights Award Reindeer Award Lotsa Lights Award Color Mc Beautiful A,.-ard Winter Wonderland A ward Honorable Mention Mini Flea Mart 3441 S. Broadway Richard and Ahce Kloewer 4990 S. Elati St. Ron and Melanie Kloewer 5041 S. Elati St . Ruth Keough 3115 S . Bannock St. The Miller Family 4104 S . Sherman St . An Blom 4560 S. Sherman St. Sherry and Steve Clark 4760 S. Logan St . Judi and Terry Le ster Paula Sue Ganz 4550 S. Lowell Blvd. Brian Walworth 2201 W. Vassar Ave . Rosemarie and Chuck Greer 3701 S . Huron St. Robert Campbell 4336 S. Huron St . Lyncne Warren 3820 S. Galapago St. Dennis and Kathy Brewer 4045 S. Elati St. Pat and Larry Scams 5030 S. Elati St. ,. I • 0 ., • Englewood City Council December 17, 2001 Page3 ,, -~ ..... • • • Rich Morales 4255 S . Delaware St. Mark A. Greiner 2875 S . Delaware St. .. Gary and Deborah Walters 3740 S . Sherman St. Gilben and Laura Mears 3742 S . Sherman S1. Douglas K . Haas 4536 S. Sherman t. Dennis Freeman 331 5 S . Grant t . .. Mayor Bradshaw asked for a round of applause for the Keep Engle"ood Beautiful group who orga111 zed this contest. 7. Unscheduled Visitors (a) S . Klaus said he'd hke to talk about the ammal control and licensing propos ition that he read about m the Herald . He stated II was not m this week 's Herald. but a week ago, where Coui1C1l talked about charging five to ten dollars an ammal. Do you understand. he asked, how this would impact elderly people and their budgets. Take me for example, there are eight tiny reindeers at ten dollars a head . that's eighry. He adv1snl there 's Rudolf. there's mncty, there 's my cat Asparagus, or Gus as she likes to be called, there's a hundred, and then we 've got Maud .. Mr. Klaus stated we don 't know what kind ofdoi; she is but she's sweet, and she's big and gold. He said we've got my linle blind Border collie. so. there's one hundred and rwenry bucks. That docsn 't count the raccoons that live under th e woodpile and the kunk s, the red fox, the Canadian geese and everything else I have that wanders through my yard. So. l "d like to protest this annual fee . Now if it was a onc-ume shot, okay. I know pan of it was to keep track of shots, but believe me, I have a vet that sends me a real regular notice on whether I need to get my dogs shot s. So. he said, that 's about all I have to say and I'm open to questions. Mayor Bradshaw asked if there are any questions for S . Klaus . Council Member Yurchick asked what's the limit on reindeer in Englewood. Mayo r Bradshaw said s he doesn't know if the cornminee addressed that. S . Klaus said that it wa s not addressed in the ordinance . Mayor Bradshaw advised that Council would take his concern under advisement. S . Klaus proceeded to hand out candy to Council and wish everyone a Merry Christmas. 8. Communlcalions. Proda11111tions and Appointments (a) A proclamation honoring Englewood High School Pirates Football Team and Coach Randy Penn on their notewonhy season was considered. ,. .. • I • 0 • • Englewood City Council December 17, 2001 Page4 • • • COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SEC ONDED, TO APPROVE A PROCLAMATION HONORING ENGLEWOOD HIGH SCHOOL PIRATES FOOTBALL TEAM AND COACH RANDY PENN ON THEIR NOTEWORTHY SEASON . Ayes: Nays : Absent: Motion carried. Council Members Nabholz. Moore . Wol osyn , Yurchick, Grazulis , Bradshaw None Council Member Garren Mayor Bradshaw asked Mr . Penn and his captains to come forward . She said she didn 't kn o w if an y of yo u watched the high school team this year, but it was one heck ofa good group of people . Ma yo r Orad sha\\ read the proc lamation in its entirety. There was a round of applause . Mr. Penn thanked everyone and said these guys are the ones that do all the work and I just get to go along for the ride most of the time . He said it's been a pleasure to be in Englewood for the la st twent y-e ight years. (b) A proclamation honoring Code Enforcement Officer Larry Medina was consid e red. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING CODE ENFORCEMENT OFFICER LARRY MEDI NA. Ayes : Nays : Absent: Motion carried . Council Members Nabholz, Moore. Wo losyn . Yurchick, Grazulis , Bradshaw None Council Member Garren Mayor Bradshaw asked Code Enforcement Officer Larry Med ina to step forward . She read the proclamation in its entirety and added we are so fortunate in thi s C ity to ha ve the employees we ha ve. (c) A lencr from David Weber indicating hi s res ignation from the Planning and Zoning Conunission was considered . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED. TO ACCEPT THE RESIGNATION OF DAVID WEBER FROM THE PLANNING AND WNING COMMISSION. Council Member Wolosyn stated that David Weber has been around for eight years and he is somebody 1 met when I first became invol ved in the City and I think we are lo smg a reall y wonderful citize n. She said it was his idea to make our depot look like the old depot and he wa s alwa ys coming up with ne w id eas. Ms. Wolosyn said she is sorry that he is leaving . Vote results: Ayes : Na ys : Absent: Motion carried . Council Members Nabholz, Moore , Wo losyn . Yurchick, Grazulis, Bradshaw None Council Member Garren ( d) A resolution appointing Alternate Member Kenneth Parks to the Planning and Zon ing Conunission was considered . .. I • C, • • -. Englewood City Council December 17, 200 I Page5 1·.; .... •• ! - • • • COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED. TO APPOINT ALTERNATE MEMBER KENNETH PARKS TO TH[ PLANNING AND ZONING COMMISSION. RESOLUTION NO . 80, SERIES OF 2001 A RESOL UTI ON APPOINTING KE NNET H PARK S TO THE PLAN , ING AND ZON ING COMMISSION FOR THE CITY OF ENGLEWOOD . COLORADO . Vote results : Ayes : Nays : Absent : Motion camed. Council Members Na bholz. Moore . Wolosyn , Yurch1ck , Grazulis , Bradshaw No ne Council Member Garren 9 . Public: Hearing o pubhc hearing was schedu led before Coun cil. 10. Consent Agrnda (a) Approval of Ordinances on First Reading COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i) AND (ii), 10 (bl (I) AND (ii) AND 10 (c) (i). (i) COUNC IL BILL NO . 83. INTROD UCED BY CO CIL MEMBER WOLOSYN A BILL FOR AN ORDINA NCE AUTHORIZING AN I TERGOVERNME , TAL AGREEMEl'\T ENTITLED ''AGREEMENT REGARDING DESIG N OF DRAI NAGE AND FLOOD CONTROL IMPROVEMENTS FOR LITTLE DRY CREEK AT THE CITY DITCH" BETWEEN THE URB AN DRAINAGE AND FLOOD CONTROL DISTRICT AND THE CITY OF ENGLEWOOD AND TH E CITY OF CHERRY HILLS VILLAGE . (ii) COUNC IL BILL NO . 84, INTROD UCED BY COUNC IL MEMBER WOLOSYN A BILL FOR AN ORDINA CE APPROVING AN E CROACHM ENT PERMIT AND INDEMNITY AGREEMENT PERTAI NING TO INSTALLI NG RAMPS , WALLS , STEPS A D RAILINGS ASSOCIATED WITH PROVIDING ACCESS TO THE ENTRANCE OF THE BUILDING LOCATED AT 3384 SOUTH BROADWAY IN THE PUB LI C RIGHT-OF -WAY TO MEET THE REQU IREMENT OF THE AMERICAN DISABILITIES ACT . (b) Approval of Ordinances on Second Reading (1) ORDINANCE NO . 77 , SERIES OF 2001 (COUNC IL BILL NO . 80 , INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE AMENDING THE TAX LEVY IN MILLS UPON EAC H DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE C ITY OF ENGLEWOOD , COLORADO . •. I • 0 • Englewood City Council December 17, 2001 Page6 ·;,! -• • • .. (ii) ORDINANCE NO . 78. SERIES OF 2001 (COUNCIL BILL NO . 8 1, INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE AUTHORIZING THE TRANSFER OF OWNERSHIP OF THE ENGLEWOOD DEPOT BUILDING FROM THE ENGLEWOOD HISTORICAL SOCIETY TO THE CITY OF ENGLEWOOD. (c) Resolutions and Motions (i) RESOLUTION NO . 81. SERIES OF 2001 A RESOLUTION FOR REAPPOINTMENT OF JOH N LOUIS PARKI NSO AS ASSOCIATE MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD. COLORADO. Vote results: Ayes : Nays: Absent: Motion carried. 11 . Regular Agenda Council Members Nabholz, Moore , Wolosyn, Yurchick, Grazulis, Bradshaw None Council Member Garren (a) Approval of Ordinances on First Reading • There were no additional items submined for approval on first reading . (See Agenda Item IO -Co nse nt Agmda .) (b) Approval of Ordinances on Second Reading There were no additional items submincd for approval on second reading . (See Agenda Item IO -Conse nt Agenda .) (c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (See Agenda Item IO -Conse nt Agenda.) 12 . General Discussion (a) Mayor's Choice (i) Mayor Bradshaw said she and City Manager Sears would like to go to the National League of Cities Conference m March this year. Council Members Wolosyn and Nabholz stat ed they would also like to go. Mayor Bradshaw advised that they get it in to Sue Bradshaw by this Friday. (ii) Mayor Bradshaw advised of information she received from the Regional Air Quality Council. She said it was the Voluntary Ozone Reduction Program report . She said if any member of Council is interested she has it. She noted it 's about how our community and our area did . (iii) Mayor Bradshaw offered kudos to City Manager Sears on his letter summarizmg the Chamber Governmental Affairs meeting that we had a few weeks ago. It was a good letter, she said . "· , . • l I • 0 - • • ,,-. • I ·~ I • -.. Enclewood City Council December 17,2001 Pace 7 (iv) Mayor Bradshaw advi sed that Englewood will be hosting the 2002 Arapahoe County Mayors '. Managers · and Commissioners · breakfast in February. She opined we need to hos t it here at CityCentcr . (v) Mayor Bradshaw wished everyone a very Happy l-lohda y and healthy e\\ Year. She stated that it is mce to work with such a good group of folks . (b) Council Member's Choice (i) Council Member Woiosyn said we do have thi s one uem for the Eiati trc e t Development Review Comminee vacancy. Director Sil11)50n said we put this together simply to get direction from Council. lie sa id there is a vacancy. given that former Mayor Bums is no longer on Council. lie advised that II can be left vacant with less membership . Mr . Bums can continue , or Council can appoint somebody. We JUSt wanted to kn ow what Council wants to do. he said . Mayor Bradshaw said for continuity we need to keep Mr. Bums involved m that . She advised he ha s all of the hi story and nobody can compensate for that. Mayor Bradsha" said that a motion to that effec t is needed . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE THAT TOM BURNS RETAIN HIS SEAT AS COMMUNITY REPRESENTATIVE , INSTEAD OF COUNCIL REPRESENTATIVE, ON THE ELATI STREET DEVELOPMENT REVIEW COMMITTEE. Council Member Yurchick asked if Mr. Bums wanted to do thi.~ and Ma yo r Bradshaw said yes he reall y does . Vote results: Ayes : Nays: Absent : Motion carried . Council Members Nabholz , Moore. Wolosyn, Yurchick , Grazulis, Bradshaw None Council Member Garrett Director Simpson said he "~II contact Tom Bums and have him continue the work. Mayor Bradshaw thanked Director Simpson . City Attorney Brotzman advised , on this same issue, you actuall y ha ve a Coun c il me mber slo t open as "ell. Mayor Bradshaw said Mr . Bums was the Council member. Mr. Brotzman stated it wa s Mr . Bums and Mr. Garrett, and Mr. Garrett wants to stay on . He said you have another Council member slot that yo u can fill. Mayor Bradshaw said she feels comfortable with Council Member Garrett continuing and Tom Bum s. She stated she has no problem with that. Council Member Wolosyn said she feels comfortable wnh that also . Mayor Bradshaw asked Director Simpson if that was all right. Director Simpson said it works for me, it keeps an easy balance on the group , but if you want to appomt another Council member I have no problem with that . Mayor Bradshaw said to let it stand as is and thanked Ms . Wolosyn for all of her help . I • 0 • -----;,-------------------------:-----------, .. ~. -------- Englewood City Council O«ember 17, 2001 Page8 , ..... (ii) Council Member Yurchick: • ... • -' I . He said the arrow on Dartmouth is nice That finally got in, going east and west. Ms. W o losyn stated that she noticed that too, that there was something different with that light. Mr. Yurchick said you can make a tum on it. Ms. Wolosyn said I thought that was something that was never going lo happe n. I was surprised. 2 . He wished everyone a Happy Holiday. (iii) Council Member Wolosyn wished e,•eryone Happy Ho lidays . (iv ) C ouncil Member Moore said he'd third that. (v) Counc il Member Nabho lz : I . She said she would hke to say thank you 10 all o f my peers and all of the staff 1ha1 ha ve he ld up my end of the bargain here on C ounc il and done my share of the wo rk in my abse nce . For 1ha1 rm grateful, she said. 2 . She wished everyone Happy Holidays . 13 . City Manager's Report (a) City Manager Sears said he wanted to wish e\'eryone Happy Holidays and al so 10 sa y thanks 10 the staff and to Council. He stated we '"c had a reall y, really positive and success ful year thi s la s t year. I think we've accomplished a great deal and we ha,·c a lot on the table coming in January. Mr. Sears advised there will be many busy sessions conung up and, JUSt as a reminder, we'll be puning those togethe r. (b) City Manager Sears said I also want to sa y that o ver the next co uple of weeks o ur organization may be a linle bit lean because of the holidays . When I'm not here, he said , Ass istant C ity Manager Flaherty w~II be in charge of the City and we will keep the C ouncil informed. We will be responsive, but I know, over the next couple of weels it may be a linle bit lean in different places throughout the City. He said congratulations for a great year and I hope everybody has a great ho liday. 14 . City Attorney's Report (a) City Ano m ey Brotzman wished everyone Happy Holidays . ••••• C ouncil Member Grazulis wi shed everyone Happy Holidays. 15 . Adjournment ' I • 0 • 1. 2 . 3 . 4 . --· • l · ·r.· • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, DECEMBER 17, 2001 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkwa y Englewood. CO 80110 Call to order. 1 .' ;J 5 p v'Y'\ Invocation. --n al,_~ Pledge of Allegiance . ~&AJ..IU.).}- Roll Call . {p~, /~ (~) .. 5. Minutes. ~ . j .. O!fj-~ :·))~)th, m"ting of Reg,la, Oty Co,ndl M,et;ng of Dec,mb" ], 2001 . ~ • 6 . Scheduled Visi tors . (Please limit y our presen tation to ten minutes.) a. Pr esentation of Keep Englewood Beauti ful 's Holiday Lighting Awards . 7. U ns cheduli;g,!s~t;~· (Please limit your prese.!'1'Jtion to five minutes .) ll: S. 1J. -L ,-~in1 '7 pa.:tt .,£,IAIL.t_. 8 . Communications, Pr oclamations, and Appointments. A proclamati on ho noring Englewood High School Pirates Footba I Team and Coac h Rand y Penn on th eir noteworthy season . ---W ~ Commission. A resolution appointing Alternate Member Kenneth Parks to the Planning and Zoning Commission. --1,(_}~ PleDe note: If you have a diullility and need auxiliary aids or semces, pleMe nodfy the City of Englewood (303-762·240S) at lealt 411 houn in advance of when leMCft are needed. Thank you . I • 0 • • • < •,, • • - ... En glew ood City Co unci l Age nda December 1 7, 200 1 Page 2 • 9 . 10. Publi c Hearin g (None scheduled ) '0-- ConsentAgenda. . _ •A JI ..h •nl.M~ _ /()6..," 1 ii) /c,bi,ii 1 ~~i c...u)µLLt.KJL.. '-l>l~J.() df,---- a. Ap~al-ot.brdinances on First Reading. i. Council Bill No: 83 · Recommendation from the Utilities D epartment to ad o pt a bill for an ordinance authorizing an Intergov ernmental Agreem ent w ith U rb an Drainage and Flood Control for City Ditch repair of the Little D ry C ree k siph o n . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. ii. Council Bill No. 84 · Re commendation fr o m th e D epartm en t of Public W o rks to adopt a b ill fo r an o rd inan c e auth o rizi ng an En c roachme nt Agr ee m ent fo r 338 4 South Broadway. STAFF SOURCE : Ken Ross, Director of Public Works. b . A p proval of Ordinance s o n Sec on d Rea d ing. ~#77 i. {S)Ai.:fl-1g ii. Coun cil Bill o. 80, am endin g Ordinance 62, Se ri es of 1001 es tablis hing th e 200 1 Mill Le Counci l Bill , o . 8 1, tran sfe rr ing ownership of th e En glewoo d D ep o t to th e Ci t of Englewood. Re ol ut1 ons and M o ti o ns . i. Re commendati o n from the Munici pal Court t o ado pt a res olu ti o n re-a ppo intin g I. Lo uis Parkinso n a.s A ss ociate ludge. STAFF SOURCE: Tamara Wolfe , Court Administrator. 11 . Regular Agenda . a. Appro al of O rdi nances o n First Reading . --e-- b. App rov al of Ordinan ces on Sec ond Read in g. -£r C. Reso luti ons and Moti o ns . -e- 1 2. General Discussi on . a . b. May or's Ch oice. Counc il Members' Choice. i. Appointm ent to fill a v acan cy o n the Elati Str eet Devel opm ent Review Committee. APP'O 6·0 WOLOSYN MOVED THAT TOM BURNS RETAIN HIS SEAT AS COMMUNITY REPRESENTATIVE , INSTEAD OF COUNOL REPRESENTATIVE , ON THE ELATI STREET DEVELOPMENT REVIEW COMMITTEE Please note: H you have a disability and need auxiliary aids or semces, please notify the City of Englewood (303-762-2405) at least 411 houn in advance of when services are neeclecl. Thank you . .. I • 0 J .,,- • .. "' . • - Englewood City Council Agenda December 17, 2001 Page 3 • 13 . City Manager's Report. 14. City Attorney's Report. Adjournment. The following minutes were transmitted to City Council between November 30 · December 13 , 2001 : Englewood Liquor Licensing Authority meeting of November 7, 200 1 Englewood Planning and Zoning Commission meeting of November 20, 2001 Englewood Public Library Board meeting of Decem ber 11 , 2001 Please note: If you have a disability and need auxiliary aids or temee1, please notify the City of Englewood (303-762-2405) at least 41 houn in advance of when Mftices are needetl. 11unk you . , .. ,. ' ~ . . . . ' • I· 0 • • -• I. Call to Order -· • , . .. . • -.. ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session December 3. 2001 Sa The regular meeting of the Englewood City Counc il was called to order by Mayor Bradshaw at 7 :30 p.m. 2. Invocation The invocation was given b y Council '.'vtember G razulis. 3 . Pled&e of Allegiance The Pledge of Allegiance was led by '.'vta yo r Bradshaw. 4 . Roll Call Present : Absent: A quorum was present . Also Present : 5. Minutes Counci l Members '.'vtoo re , Grazulis. G arrett. Wolosyn. Yurch1ck. Bradshaw Coun cil Member Nabholz City Manager Sears Assistant City Manager Flaherty City Attorney Brotzman Deputy City Clerk Castle Deputy City C lerk Whue Director Olson, Safety Service s Director Grygle wicz. Financ e and Adm,mstratwe Servi ce Housing Fi nance Spec ialist Gnrrunett (a) COUN CIL ME'.\1BER WOLOSYS MOVED. ASD IT WAS SECOSDED, TO APPROVE THE \11'.'I UTES OF THE REG ULAR CITY COL'NCIL MEETING OF SOVE'.\IBER 19 ,2001. Ayes : Na ys: Absent : The motion carried. Council Me mbe r Moore, Garrett. Wolos}11 . Yurchick, Grazulis, Brads haw None Council Member Nabholz * * * *. Mayor Bradshaw said the next rwo agenda items arc Scheduled Visitors and Unsc heduled Visitors. but we have some very important communications. proclamations and appomtments. and we ha,·c assured some of the parents that they would gC't home at a reasonable hour. ., I • 0 • • -• Englewood City Council December 3, 200 I Page 2 . ",. • • - COUNCIL '.\1DIBER WOLOSVN MOVED .. .\."ID IT WAS SECO:'IIDED. TO '.\10\'E ITDI 8(a) FORWARD ON THE AGE'."DA. Ayes: Council '.'vlember '.'vloore. Garren. Wolosyn. Yurch1ck. Grazulis, Bradshaw . ays : None Absent : Council '.'vlember Nabhol z The motion carried. 8. Communications, Proclamations and Appointments (a) Mayor Bradshaw stated that we are very pleased this evening to be honoring the srudents whose amvork is featured in the Englewood 2002 Calendar -"'A Celebration of Student An." The Citv held an an contest that was open to all students who live or go to school in Englewood. We received O\'er 100 entries from students in public schools. private schools, and home schools m Englewood . Fifteen entnes were chosen for the calendar. she advised . Mayor Bradshaw said the am,ork was chosen by a selection panel. which is one of the most fun things she gets to do . The panel was made up o f City Council :'-Aembers and Englewood·s Cultural Ans Comm1s s 1on . It was my honor to serve on the selection panel for the 2002 calendar. along with City Council \1embers Julie Grazulis and Olga Wolos~11. Cultural Ans Commission Chair Enc Bertoluzzi. Cultural Arts Comm1ss10ners Joel Burrage. Kate Dulaney. John Gates. Janet Moore and Ra y Tomas so. as well as Jennifer Poner. Educa11on Dire tor for the \foseum of Outdoor Ans. :'-Aayor Bradshaw stated that c hoos mg just fifteen pieces of an to include in the calendar. out of many wonderful entries, was not an easy ta s k. She expressed thanks to the selection panel for their efforts. Mayor Bradshaw advised that the arti sts · ongmal am,ork \\Ould be returned to them this evening . We ha\'e had the pieces maned and framed . llte amsts will also re cel\ e a c emiicate of congratulauons . she said . We \\Ould like to offer a special thanks to A & B Custom Framing here m Englewood for providmg a generous discount on the costs o f franung . Ma yor Bradshaw also thanked the rest of the sponsors: Coloma! Bank. '.'vliller We mgarten Real ty. \1oser Pnntmg. the \iluseum of Outdoo r Art s. the Greater Engk"ood C hamber of Conuncrce. Commun11 y Firs1 '.Jau o nal Bank. Red Bird Fam\S and Co rnersto ne Bo oks . Ma yor Bradshaw said that Council Member Wolos~11 would be helping to hand out the certificates and return the am,•ork this evening. She has been \'ery involved m planning thi s year's an contest and calendar. he thanked Council '.'vlember Wolosyn for her ded1 ca11on to this s pecial proJect. Mayor Pro Tem Garren will be handmg out the cemiicates. Mayor Bradshaw introduced the 2002 Calendar artists . Michelle Ball is a -1 "' grader at Charles Hay Elementary. \1ichelle 's am,·ork, "\1ehndi Hands·· appears on the cover of the calendar. The piece was done with glue. paint and oil pa stels . ~lichellc c ame forward to receive her framed anwork and receive her certificate . Two anists were featured in January . The selecuon panel liked both of them so much the y could not decide on just one . Alyssa Fellows· piece "My Personality African Mask" is made with various layers of color. Alyssa is a 5"' grader at Clayton Elementary. Melissa Donahoo's amvork is a different "'\,l y Personality African Mask" using the same technique as Al yssa ·s . Melissa is a 5'" grader at Clayton Elementary. Alyssa and Melissa came forward to receive their framed anwork and their cenificates. Dustin Schwartz is a IO'" grader at Humanex Academy. His drawing appears in February. Dustm came forward to receive his framed anwork and his cenificate . I • 0 • • Englewood Ci ty Council December 3. 2001 Page 3 --. • • - Lauren Gremer is a fir st grader at All Soul s Catholic Sc hool. Lauren·s artwork ··Ammal Stack" 1s featured in the month of March. Lauren came forward to rece ive her framed artwork and her ce rtificate . Seth Bludnick is a l " grader at Charle s Hay Elementary. Seth's colla ge "Five Lea p ing Lizards" 1s featured in April. Seth came forward to receive his framed artwork and hi s cemficate . Jake Michaelis 1s a third grader at Charle s Ha y Elementary. Jake's artwork "Mine " 1s fearured tn June . Jake came forward to re ceive his fra med artwork and his c ertificate. Natasha Fish is a 5th grader at Solid Roc k School. Her artwork ·'Bnght Fish". do ne in pa ste ls and glue , graces the month of Ma y. ~atasha c ame forward to receive her framed amvork an d her ce mtic ate . Briggs Bu ckley 1s a 5th grader at Charle Hay Elementary . Bnggs· "Caliente Cra b !11 " bauk appears in Jul y. This 1s the se o nd year m a row tha t Briggs has had hi s am,ork fea tur ed m the calendar. Briggs came forward to receive his framed am,ork and his certificate . Sammy Sauers 1s a 4 th grader at Cla)10n Elementary. Her am,ork "Afncan yla sk" appears m Au gust. Sammy came fo rward to re e1,e her franYd artwork and her emficate . Mi c hael Munds I an th grader at Flood yl,ddle chool. Hi s drawing "Cnusua l Friends" 1s featured m the month of eptember. :\hchael came fo rward to receive his framed amvork and hi s cemficate. Ja so n Van is a 4 th grader at Charle s Ha y Elementary . Hi s art\\ork "Aboriginal Dream S nak e" appears in October. Ja so n 's art teacher. Voula Anadious . ac ce pted hi s framed amvork and certificate on his behalf. Forrest LaChapell e is m the 11 th grade at Colorado 's Finest Alt emauve Hi gh School. H is am,ork ·'Splash o fFlo "ers" brightens the month of November in the calendar. Fo rrest 's art tea cher, Ki rk lleverl ). accepted his framed artwork and hi s ce rtificate on his beha lf. The month of Dece mber features two piec es of art "~th a sinular theme . Jose ph Memtf am,ork is called ··Go Tell it to the Chi cken ." Jo seph is a l " grader at C layton Elementary. Ka den Dowmng 1s a 3'' gr ader at Cla yto n Elementary . Hi s artwork is entitled "M y Bes t Friend 1s a Chi cke n ... Kaden came forward to recei ve his framed amvork and his cert ificate . Jose ph was not present . Ma yo r Br adshaw offe re d ongratulat io ns to all the arti sts whose wo rk appears in the 2002 Englewood Calendar. She said we would like to offe r a spe cia l thanks to the art tea cher s and the parent s o f the se creati ve students for the ir suppo rt of the artists and the calendar project. She thanked everyone fo r co nung this eve nin g to help us re cogni ze these talented artists. There are plenty of calendars available m the bac k of the room, she ad vise d, so make sure you take some home . Before you lea ve, we would like to ge t a photo of all th e amsts, wnh their art , in the lobb y. Council Member Wolo syn sa id I don 't think we can thank Leigh Ann Hoffhines enough for a ll the effort she puts into making this more speci al every ye ar. She also thanked the Museum of Outdoor Ans for havmg the reception . We hope it is just going to get better and better, she said. She thanked all the kids for putt ing forth the effort, and invited them to do it again. [Clerk's note : sequence .J Mayor Bradshaw continued on to Agenda Item No. 8 (b), before returning to the re gular (b) A proclamation honoring Englewood resident Vesta Frank on the occasion of her 90th birthday was considered. I • 0 • • • Englewood City Co unc il December 3, ~00 I Pa ge -I .-. • • - COl. NCIL :\1U1BER WOLOS~ '.\10VED. Ai'iD IT WAS SECONDED, TO APPROVE A PROCLA1\1ATION HONORING VESTA FRANK ON THE OCCASION OF HER 90m BIRTHDAY. Ayes : Nays : Absent : The motion earned. Co uncil \<!ember \1oore. Garrett. Wolosyn. Yurcl11ck. Grazulis. Bradshaw :-lone Council Member Nabholz Mayor Bradshaw read the proclamation in its entirety. There was a round of applau c and ~!rs . Frank was presented with a framed original of the proclamation. 6 . Scheduled Visitors There were no sc heduled ,·1s i1or s . 7. Unscheduled Visitors Mayor Bradshaw thanked \<Ir. Lawler for his pa11ence . (a) Frank Lawler had signed up to 1alk about retiree health insurance . He said he \\3S go in g to relinquish his five minutes. as he had been re ceivi ng information all da y about hi s s1tua11on . He aid he was the last one to find out about some of the information. which ha s already been dis emina1ed . He said he would come to them again at a later time if it was necessary. 8. Communications, Proclamations and Appointments0 (con11nued) (a) This agenda item moved forward . See pages 2 and 3. (b) This agenda item moved forward . See pages 3 and -1 . (c) Safety Services Director Chris Olson addressed City Council regarding Lieutenant Byron Wicks. Sergeant Jeff Sanchez, Sergeant Gary Condreay and Sergeant John Knoth. who recently completed a ten -week course at the School of Police Staff and Command at :S:orthwestem Umversity"s Center for Pubh c Safety. Director Olson expressed appreciation for being able 10 honor and acknowledge several of hi s employees in the Police Division who ha ve done an extraordinary job in finishing the ten-week school. This has been one of our major efforts. he said, to ensure that we have adequate resources, as far as facilities. personnel and equipment, and also pro vide a superi or amount of 1rain111g to ind ivid ual s in ou r organization. There are very few sc hools in the nallon that are capable of providing this . One 1s the FBI National Academy, and Sergeant John Collins, who is with the South \1etro Drug Task Force, and who is not here tomght, completed the program at the Academy this past summer . That was an honor, because we rarel y get openings for that. The school that occurred this yea r at Northwestern rarely occurs in this area either. Normally, people are sent to the school out in Evanston. lllino1 s, he said, but every once in a while , someone will sponsor the classes here . We had four people whq were accepted into the school, he said. It was a ten-week course, and they went for two weeks at a time, then they were back on duty for two weeks, and then back at school. This was a high-level, graduate level. co urse . They all completed it. and of the approx imatel y thirty-fi ve who participated, we had the highest number of individuals who participated in, and completed. the program. Director Olson called the following people forward to be recognized : Division Chiefs Vanderrnee and Moore, who have been a pan ofth1s and have had to absorb these folks being gone for an extended period of time ; Lieutenant Byron Wicks. Sergeant Jeff Sanchez, Sergeant John Knoth and Sergeant Gary Condreay. Again, this was a tough course to get through, and we are very proud of them. Our goal is to send as many of our folks as possible to these courses in the future, because ll does • I • 0 • • Englewoo d Cit y Co un ci l Dece mber 3. 200 I Pag e 5 -~ . • • - ensure the profe s10 na hsm oftlu s orgamzau on and the future leadership th at we ho pe 10 de,el op as we go thr ough th e year s. He offered his co ngratu lau ons. and the y were given a ro und of appla use . Ma yor Bra ds ha w offe red her cong raru la uons . 9. Public Hearing No publi c hearing wa s s he du led be fo re Co un cil. 10. Consent Agenda (a) Approval of Ordinance s on First Reading There were no add1nona l ordinan ces submmed fo r appro, al on first readin g. ee Agen da Item \ I - Regular Agenda .) COUNCIL MEMBER GARRETI ;\IOVED .. .\.'iD IT WAS SECON DED. TO APPRO\'E AG[;\D . .\ ITEMS 10 (b) (i) THROl.;GH (•·i). A."iD 10 (c ) (i) . .\. .... D (ii). (bl Appro val ofOrdman ces on eco nd Readmg (1) ORDINA:S:CE :S:0 .; I, SERIES OF 200 1 (C OL');C IL BI LL NO 7-l . INTROD CED BY COU1'C IL '.\<!EMBER WOLO YN ) AN ORD l'.'IANCE AUTHORIZIN G AN IST ERGOVER1''.\IENTAL AGREE '.\l ENT BETW EE :S: TH E CO LORADO DEPARTMENT OF LOC AL AFFAIRS (DOLA ) A:S:D TH E !T Y OF E:S:GLEW OO D FOR A GRA:'JT PERT Al1'rNG TO A S'.\<IART GROWTH HOC IN G T 'DY (11 ) ORD l;-.!A:S:C E NO . 72. SERI ES OF 20 11 OLN IL BILL :S:0 -s. l'<T RODUC ED BY COUNC IL :VlEYIBER GARR ETT ) A:S: ORDINANCE AMENDIN G TITLE I. CHAPTER 9. E 10 '>: 3. OF TIi i: E:S:GLEW OOD '.\l L'};ICIPAL CODE 2000 PERT Al. ING TO CORP ORA TE ITY EAL (1ii ) ORDl'.'JA NCE NO. 3, SERI E OF _001 \ 0 ;). IL BILL :S:O. -6. INTRODUC ED BY CO NCIL :-,,.1EMBER GARRETT ) AN ORD INANCE A TH ORIZNG A "CITY DIT CH LI CE :S:SE AGRE E'.\I E:S:T" FO R A:S: I .. TO R..\l SEWER CROSSING OVER THE CITY OF E:S:GL EWOOD ' RIGHT-OF -\\'A Y FO R TII E C IT Y DITCH AT 5200 BLOCK OF SO UTH PRES COTT STREET IN LITTL ETO :S:. CO LORAD O , BETWEEN THE CITY OF LITILETON . COLORADO AND THE CITY OF ENGL EWOO D, COLO RA DO (1v ) ORDlNA , CE NO . 7-l , SERIES OF 2001 (C OL'NC IL BILL :S:0 ." . I TRODUCED BY COUNCIL '.\<!EMBER GARRETT) AN ORDL ANCE AUTHORIZING THE ACCEPTANCE OF A VALE GRANT FR OM T l IE \'ICT l:VI ASSISTANCE LAWE FORCEMENT BOARD OF THE 18rn JUDICIAL DI STRI CT . (v) ORDINANCE NO . 75 , SERIES OF 2001 (C OUNCIL BIL L NO . INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE CITY OF ENGLEWOOD OF IT GENERAL OBLIGATION BONDS , SERIES 200 I , FOR THE PURPOSES APPROVED AT Tl IE • I • 0 - • • • Englewood City Counci l De cember 3, 200 I Page 6 ,,,-. • • - CITY 'S ELECTION ON NOVEMBE R 6. 2001 , AND AUTHORIZING THE LEVY OF PROPERTY TAXES TO PAY SUCH BONDS; PROVID ING THE FORi'vl OF THE BONDS AND OTHER DETAILS IN CONNECT IO N THEREWITH ; APPROVING DOCUMENTS RELATING TO THE BO NDS; AND DECLARING AN EMERGENCY . (vi) ORDINANCE NO . 76 , SERIES OF 2001 (COUNC IL BILL NO . 79 , INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "AGREEMENT REGARDING FINAL DESIG N AND CONSTRUCT IO N OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR BIG DRY CREEK AT ALLEN WATER TREATME!'/T PLA NT' BETWEEN THE URBAN DRAINAGE AND FLOOD CONT ROL DISTRICT AND THE CITY OF ENGLEWOOD . (c/ Resolutions and Motions (i) A CONTRACT WITH EP !XTE CH . INC . TO t.;PG RADE THE LIBRARY 'S COMPUTER SYSTEM . (i1 ) A CO. 'TRACT FOR REPAIR OF THE EMERGE:S:CY SPILLWAY ON MCLELLAN RESERVOIR DA\'!. Vote results: Ayes : Nays : Absent : The motion ca rried . 11 . Regular Agenda Co uncil Member Moore, Garrett, Wolo syn. Yurch,ck. Grazulis, Bradshaw No ne Cou ncil Member Nabholz (a) Approval of Ordinances on Fir st Readin g (i ) Director Gryglew1cz presented a recommendauon from the Department of Finance and Administrative Services to adopt a bill for an ordinance amending Ordinance 62 , Senes of 200 I, establishing the 200 I Mill Levy . This is son of an unu sual bill for an ordinan ce, he allowed. because we do not usually amend our mill levy once it is passed . Because the rrull lev y was pas sed before the election, we had to come back and have Cou ncil amend the mill levy to support the debt service on the new Parks and Recreation bonds that were passed on November 6"'. So 1h1s amends the mill levy 10 1.5 58 mill s for the debt service for the original Community Center Debt erv,cc Fund and the new Parks and Recreation bonds . COUNCIL MEMBER WOLOSYN MOVED, A~D IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 {a) (i) -COUNCIL BILL NO. 80 ON FIRST READING. COUNC IL BILL NO . 80, INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE AMENDING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED V ALUA T!ON OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO . Vote results: Ayes : Council Member Moore , Garrett, Wolosyn, Yurchick , • ... I • 0 • Englewood City Coun cil December J , 200 I Pa ge 7 Nays : Absent : The motion earned. • • - Grazulis, Bradshaw Nc.ne Council Member :,.labholz .. (ii) Ass1 tan! C 11y Manager Flaherty presented a recommendallo n from the 11y Manager 's Office 10 consider a bill fo r an ordinance requested by the Englewood Hi storical Soc1el). transferring ownership of the Englewood Depot to the City of Englewood . He said the request "a m:ide b y the president of the board of the H1 s tonca l Society. In 1994 , he said. the Depot was saved from demolition by the Englewood H1s1oncal Society . Sometime later, the City of Englewood acquired th< propeny. that the Depot was moved 10 , from the Engle wood Housi ng Authority, and transferred 0\\11ersh1p of the building to the H1stoncal o 1ety for a fee of $76,000 .00. The Historical Society has detemuned that 11 1s in their best interest 10 reque st that the Ci ty take over the O\\Tiersh1p of the buildin g and 10 rehe, e the Hi stori cal Society o f that indebtedness . Council Member Yurch1ck a ked 1f the Histoncal Society had repaid the $3 00.000.00 prom1sso~ note 10 the Housi ng Authonty. Mr. Flaherty replied that the City has paid the majority of that through the acqum11 on of the 1x lot s at Dartmouth and Galapago. The remaining $76.000.00 was the remaining note that the H1ston cal o ·1ety owed to the City in exchange for the building itse lf. Now we "~II ha ve regained the building. so everyone is even. Council Member Yurch1ck asked 1fthat $76.000.00 was pan of the SJ00.000.00. Mr. Flaheny re s ponded affimu11vely . COUNCIL '.\IEMBER WOLOSYN MOVED. AND IT WAS SECONDED. TO APPRO\'E AGE'.\D . .\ ITEM 11 (a) (ii) -COl"NCIL BILL ~O. 81 ON FIRST READING. COLi'>C lL BILL NO . I. INTRODCCED BY COUNCIL MEMB ER WOLOSY:-J A BILL FO R A. ORDrKANCE AUTHOR1ZING THE TRA:,.JSFER OF OWNE RS HIP OF THE E:-JGLEWOOD DEPOT BLllLDic'IG FROM THE E:-.:GLEWOOD HISTORI CAL OC IET Y TO THE CITY OF ENGLEWOOD. Vole resulls : Ayes : Nays : Abse nt : The motion carried. Council Member Moore. Garren, \Vol o yn. Yu rcluck. Grazulis, Bradshaw No ne Council Member :-Jabholz (b) Approval of Ordinances on Second Reading There were no addi1ional ordinances submined for approval on second reading . (See Agenda Item IO - Consenl Agenda .) (c) Resolutions and Mo1ions (i) Housing Finance Specialisl Grimmen presented a recommendation from th e Department ofComnunity Dcveloprnenl to adopl a resolution approving the City of Englewood's annual ColDDIDity Development Block Grant application to Arapahoe County for 2002 . The Block Grant Propun ii one that wu established by Congress back in the seven1ies 10 provide for communily • 0 I • 0 - • • Englewood City Council December 3. 200 I Page 8 ,/" . • • • ... ' development needs at the local level. These funds are applied for annually to Arapahoe County, she said . We have an allocanon this ye ar ofSJS0,000.00 and. through public outreach. contact with non-profit agencies and staff input , we have narrowed II down to the four projects that were in the memo co ntained 111 the Council packets. The four proJects that we are looking to fund this year are the continuation of the Housing Authonty's Farrul y Self-Sufficiency Project, at $10,000 .00; funding of the Rehab Loan Program. which continues low interest loans for low and moderate-income families . at $40.000.00: funding for staffing of the House of Hope so that they can provide staffing for services for families. to relieve them of having to live on the streets or motels. or wherever they might be; and, lastly. we have $50,000.00 funded for the shunle project. which will link the light rail to Craig Hospital. These funds are designed primaril y to provide services to low and moderate-income families in the community, but they are also available to do other projects besides the ones we have identified, she said. They arc available to do historic preservation, such as the Skerrin House , as we did in the past. she advised. They are available for lead- based paint testing, which is a new regulation that HUD is pushing. as well as public facilities and services . acquisition, demolition, and all kinds of things. Our funding for 2002 is S75 .000 .00 less than we have received in past years, and that is due to the County· s reforrnulaung our allocanon. and it was affected. primarily, by the addition of the cities of Centennial and Greenwood Village into the mix. There is a fifth application. which will be outside of our normal cornrrutrnent. she advised . This is a separate application to assist the Western Arapahoe County Homeless Alliance in the purchase of the building that the Hou se of Hope is currently housed in , which is known as Arapahoe House . from Recovery, Incorporated . If the y are successful in the purchase , the ownership will transfer to the Western Arapahoe County Homeless Alliance. she said. That will be a separate application to the County for their pooled funds . They ha,·e approximately $400,000.00 available for what the y call mult1-juris di c tional. for proJects that cover more than one entity or jurisdiction. Mayor Bradshaw commented that Ms . Grimmen 's presentation ,,,as well spoken. The resolution was assigned a number and read by title . RESOL UTION NO . 79, SERIES OF 2001 A RESOLUTION BY THE CITY OF ENGLEWOOD AUTHORIZING THE CITY OF E:-IGLEWOOD . COLORADO TO FILE AN APPLICATI01 WITH ARAPAHOE COUNTY FOR A 2002 COMML:. !TY DEVELOPMENT BLOCK GRANT. COUNCIL MEMBER WOLOSYN '.\tOVED. A.'iD IT WAS SECONDED, TO APPROVE AGE'.'IDA ITEM 11 (c) (I) -RESOLUTION '.'10. 79, SERIES OF 2001. Ayes : Council Member Moore , Garren, Wolosyn, Yurchick , Grazulis. Bradshaw Nays : 1 one Absent : Council Member Nabholz The motion carried . 12 . General Discussion (a) Mayor's Choice Mayor Bradshaw had no maners to discuss . (b) Council Members' Choice (i) Council Member Yurchick asked what was going on up on the hill on Saturday. It looked like all of Englewood's police were up there, he said . • ., 0 I • 0 - Englewood City Council December 3, 2001 Page 9 •· .,. • .. • • ' Director Olson, Safety Services, said he had no idea. He asked the police staff sitting in the audience if they knew. Council Member Yurchick added that it was at about 2:00 p .m. on Saturday afternoon. lbc:re was no one in the audience who knew what it was about . Director Olson advised that, if it had been something significant, it would have come up in the staff rcpon. Council Member Yurchick said be was just curious. 13 . City Manqer's Report (a) City Manager Scars said there will be a lot of panics and activities next week. He observed that Nancy Peterson was in the audience. and he reminded everyone that Neighborhood Watch would be next week, and former Mayor Tom Burns' pany would be next Thursday at the Alexan. These many activities, along with the RTD meeting here next Wednesday evening, make next week a pretty busy time, he said . 14 . City Attorney's Report City Attorney Brotzman had no matters to discuss . 15 . Adjournment MAYOR BRADSHAW MOVED TO ADJOURN. The meeting adjourned at 8 :05 p .m. • .. I • 0 - • • • • • - PROCLAMATIO WHEREAS . the Englewood High School Athletic T earns are a great source of pride ior our co mmuni ty; and WHEREAS , the EHS Pirates Football Team had an outstanding season this year, makin g it to the State Championship Semi-Finals for the second time since 195 6 ; and WHEREAS, the EHS Pirates Football T earn placed as runners-up in the League, winning the team a spot in the State Pla yoffs for the seco nd yea r in a row; and WHEREAS , EHS Pirates Football Coach Randy Penn is proud of his players, stating "The team has had a tremendous year -they've showed great poise and sportsman hip throughout the playoffs;" and WH ERE AS , the EHS Pirates Football Team boasts ten A II -Conieren ce p lav e r th1 year, and an additional five players were given Honorable Mentions; and WH ERE AS , the EHS Pira tes Football Team had a record number o i pla\ ers le tt r th1 year; and WHEREAS , the EHS Pirates Football Team has exhibited outstandin g portsman sh 1p and athleticism this season; NOW, THEREFORE , I, Bever! J. Bradshaw . Ma or oi the Cit o f En gle v ood , Colorado, hereby congratulate the Englewood High School Football T earn and Coach on their ste ll ar season. and com m end them for bringing pride and spo rt smanship to the Ci tv and the community of Englewood . ADO PT ED A D AP PROVED this 1 7'h da y oi December, 2001 . Bever ly J. Bradshaw, Mavor • 8a ) I· 0 ] • • -• • 1 > • -' KftP £ ..... N41 ... d,.I 14• AllaulH-y llpdlla Wluwl· -lllr 17, 2'11 Mayort Choice Award Michael Evans 3228 S. Clarkson St. Lifetime Holiday Spirit Award Mini Flea Mart 3441 S. Broadway Fantasy Land Award City lights Award Reindeer Award lotsa Lights Award Color Me leautiful Award Winter Wondertand Award Honorable Menltn Richard and Alice Kloewer 4990 S. Elati St. Ron and Melanie Kloewer 5041 S. Elati St. Ruth Keough 311 5 S. Bannock St. The Miller Family 4104 S. Shennan St. Art Blom 4560 S. Shennan St. Sherry and Steve Clark 4 760 S. Logan St. Judi and Terry Lester Paula Sue Ganz 4550 S. Lowell Blvd . Brian Walworth 2201 W . Vassar Ave . Rosemarie and Chuck Greer 3701 S. Huron St. Robert Campbell 4336 S. Huron St. Lynette Warren 3820 S. Galapago St. Dennis and Kathy Brewer 4045 S. Elati St. Pat and Larry Seams 5030 S. Elati St. Rich Morales 42 55 S. Delaware St. Mark A. Greiner 2875 S. Delaware St. Gary and Deborah Walters 3740 S. Sherman St. Gilbert and Lauril Mear5 3742 S. Sherman St. Douglas K. Haas 4536 S. Sherman St. Dennis Freeman 33 15 S. Grant St. • .. I • 0 • • -. • ' . ·,, • -.. PR OCLAMATIO WHEREAS , Code Enforcement Officer Larry Medina has exhibited, on many occasions , exceptional performance and dedication fa r above and bev ond th e call o i dutv ; and W HERE AS , Officer Med in a's awareness, his quick ac tio ns, and his good judgment have resulted in two episodes of life-saving heroics; and WHEREAS , in September of 2000, Officer Medina wi tne ssed a fire in an occupied building and was responsible for quickly contacting the Fire Division and personally alerting the building's res i dents of the impending dan ger of the rapidlv spreading fire ; and WHEREAS , in August of 2001, after hearing cries for help, Offi cer Medina searched the area until he found and re sc ued a man who had fallen from his roof and susta i ned serious injuries. Upon his recovery, the injured resident wanted to make a special point to thank Officer Medina for his heroic effort s; and WHEREAS, in November of 2001 , Officer Medina 's quick and alert actions resulted in the capture and subsequent arrest of a suspect involved in an arm ed robb er i n a neighboring community; and W HERE AS , in these . and other incidents too numerous to list. Officer Medin a has served and represented the City of Englewood well ; and W HERE AS , Officer Medi na 's "he ads -up" sty le of code enfo rce m en t mak es him an excellent example of an ideal public employee , serving as a role model and inspiration for others ; NOW, THEREFORE, I, Beverly J. Bradshaw, Mayor o i the City of Englewood, Colorado. hereby co mmend Larry Medin a for his dedication to th e Citv and co mmuni ty of Englewood , and offer him our heartfelt thanks for his many heroic efforts and for repre se nti n g the City so well. ADOPTED A 1 D A PPRO V ED thi s 1 ;-'" da y of December, 2001 . Bev erl v J. Br adshaw. May o r 8b I . 0 - • • ?""4 --:;-------~---------.!r---...,.,...,---------·~----~ December 4, 2001 Robert Simpson Director of Community Development City of Englewood, CO Dear Bob, • • • .. 1 hereby tender my resignation as Acting Chairman and Member of the Englewood Planning and Zoning Commission effective December 14, 2001, when I will officially become a Denver resident It has been my honor and privilege to serve the City of Englewood and its citiz.ens as a member of the Planning and Zoning Commission for the past seven (or eight?) years. The City has made great progress and improvements in virtually all areas of its' development in the past decade and I am proud to have been a part of it. Thank you for the opportunity to serve on the Board. The men and women of both the P&Z Board and the Community Development Department are doing a tremendous job, often, under very difficult and delicate circumstances. I wish you all the best of luck and keep up the good work. I will miss my association with all of you . Please accept my deepest gratitude for the support and confidence you have placed in me over the years. ~~~ David F. Weber Englewood Planning & Zoning Commissioner CEC -5 2001 ,. ' • 8c I . • 2 J • 11BSOLUTION NO._ SERIES OF 2001 ;..---·· • • -' A RESOLUTION APPOINTING KENNETH PARKS TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, there is a vacancy on the Englewood Planning a nd Zoning Commission : and WHEREAS , Kenneth Parks has applied to serve as a member of the Englewood Planning and Zoning Commission ; and WHEREAS, Kenneth Parks was previously named as an alternate to the Englewood Planning and Zoning Commission: and WHEREAS, the Englewood City Council desires to appoint Kenneth Parks to the Englewood Planning and Zoning Commission; NOW , THEREFORE. BE IT RESOLVED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD , COLORADO, THAT : Sectjon 1. Kenneth Parks is hereby appointed to the Englewood Pl a nning a nd Zoning Commission. Kenneth Parks' term will be effective immediately a nd shall e xpire February 1, 2004 . ADOPTED AND APPROVED this 17th of Dece mber. 2001. Beve rl y J . Bradshaw, Mayor ATTEST: Loucrishia A. Ellis. City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood, Co lorado, her eby certify t he above is a true copy of Resolution No ._, Series of 2001. Loucrishia A. Ellis ' 'I. . • I • , I • 0 • • • . . ~ .. ' l ~ • -' COUNCIL COMMUNICATION DATE : AGE DA ITEM : SU BIECT : Appointment of Al t ern ate D ece mber 17, 2001 Bd Member t o Plan nin g and Z o nin g C ommissi o n Vacan c INITIATED BY: STA FF SOURCE : Commun ity Deve lopment Tri cia Lang o n. Senior Pl anner COUNCIL GOAL AND PRMOUS COUNCIL ACTION : No previous action has been taken on thi s matter. RECOMMENDED ACTION : Staff recommends that City Co un cil appoi ntmen t Alternate Member Mr. Kenneth Park s t o th e Pl ann ing and Zoning Commission vaca ncy c reat ed b y th e resign ati o n of Mr. D a\ id F. Weber. BACKGROUND: Resi dency within the City, as es tablished by City Charter, is r equired fo r appointm ent and m embership to th e Planning and Zoning Co mmissi on . Mr. Da vid F. \-Veber . a member of th e Comm issio n sin ce 199 4, is moving outs ide oi th e City as of D ecember 14 , 2001 . City Council crea ted th e Alternate Member p osi ti o n in ord er t o fill vaca n cie s in a tlfn eh manner with c itizens w ho are familiar with the duties and responsibiliti es o f th e Commission . Ci t Coun cil appoin ted Mr. Kenneth Parks as an Alternate Member in luly 200 1. YSJ OF AlJACHMENTS: Res o luti o n . ' . ' . I • • ..... • • • • . ) . .. . .. • -.. BY AUTHORJTY ORDINANC E NO . SERJES OF 2001 COUNCIL BILL NO. 83 TNTROD U CED BY COCNC IL MEMBER~~~~~~~ A BILL FOR AN ORDJNANCE AUTHORTZING AN INTERGOVERNMEN'TAL AGREEME:si"T ENTITLED "AGREEMENT REGARDING DESIGN OF DRAINAGE AND F'LOOD CONTROL IMPROVEMENTS FOR LITTLE DRY CREEK AT THE CITY DITC H"" BETWEEN THE URBAN DRAINAGE AND FLOOD CONTROL DJSTRICT A;siD THE CTTY OF ENGLEWOOD A~D THE CITY OF CHERRY HILLS \lLL.\G E . WHEREAS , the City Ditch siphon m the 3i00 bl oc k of South C la rk so n Stree t mus t be r pa ired beca u se er os ion i ca u mg se ttlrng be nea th the p ip e; a n d WHEREAS , the propos ed s pillway would allow Little Dry Creek wate r t o fl ow ove r thi s piped a rea of the City Ditch a nd protect the pip e that goes be n eath Ltt tl e Dry Creek; and WHEREAS , "rban Drainage and Flood Control Di strict will be contnbutmg 50°'o of engineering and construction costs for this project because Englewood ' s iphon structure is within their flood plain jurisdiction; and WHEREAS, to maintain flows in that floodplain a proper protection structure must be con structed a one-hundred foot (100') s ection : and WHEREAS , the Englewood Water and Sewer Board recommended approva l oft.h e Little Dry Creek siphon by phone vote on December 6 , 2001 ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COU NCIL OF THE C ITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Sectjon l. The City Council of the City of Englewoo d , Co lorado her e by a ut hon zes the Intergovernmental Agreement entitled "Agree me nt Regarding Design of Dra in age And Fl ood Control Improvements For Littl e Dry Cree k At City Ditch"' be tw ee n the Urban Drainage a nd Flood Control Di s trict and the City of Englewood . a co py of which is marked as ·'Exhibl! A" a nd a ttached he r e to . Section 2. The Mayor and the Ci ty Cle rk are he reby authorized to sign and atte st said Intergovernmental Agre ement on be half of the City of Engl ewoo d . Introduced, r ead in full , a nd passed on fir st r e ad m g on the 17 1• day of Dece mbe r . 2001. -I - "> (fa.I I • 0 • • • • .. • -.. Published as a Bill for an Ordinance on the 21 " day of Dece mber, 2001. Beverly J . Bradshaw, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Engle wood . Co lorado, he reby ce r tify that the above and foregoing is a true copy of a Bill for an Ordinance. introd uced , r ead in full , and passed on first reading on the I7lh day of December, 2001. Loucri s h.ia A. Elli s -2 - .... .. . , I • • - - • • -. • • - AGREEMENT REGARDI!'-'G DESIGN OF DRAINAGE AND FLOOD CONTROL IMPROVEMB-"TS FOR UTTI.E DRY CREEK AT CITY DITCH Agreement No . 01-11.10 ... TIITS AGREEME'.:ll"T, made this day of 20_, by and between URBAN DRAINAGE AND FLOOD CONTROL DISTIUCT (h~inafter called ,.DISTRICT"), CITY OF ~GLEWOOO (hereinafter called "ENGLEWOOD") and CITY OF CHERRY IULLS vn.LAGE (hereinafter called ··CHERRY HILLS") lllld collec:tive y kno,11,n as "PARTIES "; WIDIESSETH: WHEREAS, DISTRICT, in a policy statement previously adopted (Resolution No . 14 , Series of 1970 and Resolutioo No . 11, Series of 1973) exprasod an intent to assist public bodies which have heretofore enxted floodplain regulatioc measures ; and WHEREAS , PAR TIES , Douglas County , and City of Greenwood Village participated in a j oint planning study titled "Major Drainageway Planumg. Little Dry Creek by McC.lll-Ellingson & Morrill , tac ., dated February , 1974 (hereinafter called "PLAN "); aad WHEREAS , PARTIES now desire to proceed w ith design :md construction of dn.inage and fl ood contro l improvements for Little Dry Creek at City Ditch (hereina1ter called "PROJECT"); and WHEREAS , DISTRICT has adopted aI a public hearing a Five-Year Capital Improvement Program (Reso lution ~o. 77, Series of2000) for drainage and flo,)d cootrol facilities in which des ign of PROJECT was inc luded in the 2002 calendar year; and WHEREAS . DISTRICT 1w !-icrctofore adopted a Special Revenue Fuod Budget for calendar year 200 2 subsequent to public hearing ~olut ion No. 78, Series of:001) which includes funds for design of PROIECT; and WHEREAS , DISTRlCTs Board of Directors has authorized DISTRICT financial participation for design of PROJECT (Resolution No ._, Series of2001); and WHEREAS , the C ity Counc il of ENGLEWOOD , the City Council of CHERRY HILLS aad the Board of Directors of DISTRICT have authorizeu, by appropriation or resolution, a.JI of PROJECT costs of the respective PARTIES . NOW. THEREFORE , in consideratioo of the murual promises contained herein, PAR.TIES hereto agree as follows: I . SCOPE OF AGREEMDJT This Agreement defines the respon.sibilities and financial commitments of PARTIES with respeC't to PROJECT . ~011110 • X H I • I T A , I· 0 • • • .. • • 2. SCOPE OF PROJECT Fjpal Design . PROJECT shall include the final design of improvements in accordance with the recommendations defined in PLAN . Specifically, the final design of facilities shall extend from approximately Station 96-+-00 to 99-00, as shown on Exhibit A. 3. muc NECESSITY PAR.TIES agree that the worlt performed punuant to this Agreement i5 necessary for the bealth , safety, comfort, conveniCDCC, and welfare of all the people of the Seate, and is of particular benefit to lbe iahabitaalS of DIST1UCT and tbe property therein. 4. PllOJECT COSTS M'"D ALLOCATION OF COSTS s . A. PARTIES agree that for the purposes of this AiJUffient PROJECT costs shall consist of and be limited to the following : t . f inaJ design services; 2. Contingencies mutually agreeable to PARTIES . B. It is undemood that PROJECT costs as defined abo,,e arc not to exceed S20 ,000_ without amendment to this Agreement. PllOJECT costs for the various elemeuu of the effort are estimated as follows: 1IEM AMOUNT l. Final Design 2. CoatiDpcy GrandTow $16,000 4,000 S20,000 This breakdown of costs is for estimarina purposes only . Cos&s may vuy between lhe various elemenu of the effort without amendment tc this Agreement provided the total expenditures do not exceed the maximum contributbn by all PAR.TIES plus a.c..'"?Ued interest. C. Based on totai PROJECT costs, the maximum percent and dollar comn"bution by eacll party shall be : Pm:entage Maximum Shm Contribmign DISTRJCT SO% $10,000 ENGLEWOOD SO-lo 10,000 CHERRY HILLS 0% ..(). TOTAL 100% $20,000 MAN~GEMENT QF FJli&""CfS As sat forth in DISTIUCT policy (lleaolutiOll No . 11, Series of 19 73 and Resolution No. 49, Series of I 977 ), the cost sharing shall be d\er SllbtractiDg siace, federal, or other SOll1CeS of funding from third parties. However, monies ENGLEWOOD may receive from federal funds, the Federal luvenue Sharing Program. tbe Federal Community Development Program, or such similar ....... -.01 1110 2 ... , . , I· 0 • • -. • .•. • -' discretionary pro&r2fflS u approved !ly DISTRICTs Board ·Jf D~tors may be considered as and applied toward ENGLEWOOD's share of improvement com. Payment of each party's f\JII share (ENGLEWOOD -Sl0,000; DISTRICT -S 10.000; CHERRY Hn.LS -S-0-) shail be made to DISTRICT .ubsequent to e-.eclltion of this Agreemmt and widiin 30 days of request fer payment by DISTRICT . The paymenr, by PAR.TIES shall be held by OISTIUCT in I speci.ll fund to pay for iDcremems of PROJECT u aulhorized by PAR.TIES , md u defined haem. DISTRICT shall provide I periodM: acec,1111ting of PROJECT fllnds as well as I periodic DOtificalion to ENGLEWOOD of 1111Y unpw oblq;ations. Ally inierest amed by 1hl moain contribuled by PAR.TIES shall be accrued to the ,peci.ll flllad establisbed by OISlllICT for PROJECT and Neb in~rest sbail be used only for PROJECT upon approval by the coaincting officer, (Parqnph 12). Widlin oae )Ur of c:omplet1on of PROJECT if tllere are mooies including immcst eamcci remaiuiq whi~ are nor c:ommiaed, obli;lted, or disbuned, each party shall receive a .hare of such monie,, which shares shall be computed as were the origiMI slwu. 6. f1NAL DESIGN 7 . The C01111'3Gtiug officcn for PAR TIES, aa defined wider Paraaraph 12 of this Agreement, shall selec:t an aigineer murually aarecable to bod! PARTIES . DISTlllCT sha.11 c:oncnc:: with ,elected eaaineer and ;ball supervise and ccordin• me final :iesip i,,c:luding right-of-way delineation JUbjec:r to approval of the comnctin1 officer for ENGLEWOOD 111d CHERRY HlLLS. Ps}mcnt for final design shall be made by DISTIUCT u die ,,,orit prosreues &om the PROJECT Nlld aubliJbed IS set: fonh al,o,,c. Final design ,ervices shall conaist 0£ but :iot be liJTllllld u,., me followin:· A. Preparation of a "'°"' plan schedule identifyuia the l:immi of major elemmu in the design ; B. Preparat ion of dclailed c:ODIU\ICtion draWIJIIS md mecaticacons ; C. Prq,aration of ID estimate of ;,robeble ~truc:ion cosu of tbe wort covered by the plaiii and specificacoas ; D. Prepantion of &11 approprim cons:ruction 5Chedule. DISTRICT shall pro vide any written work produc: by ':he allin=' to E.'iGLEWOOD and CHERRY HILLS . OWNERSHIP OF PROPERTY c\-'IP LIMITADO'l'II OF 1;sE ENGLEWOOD 1Dd/or CHER.RY HILLS :!hall owu !be propeny either in !cc or :100-ocable eucmcnc and shall be respo!liible for same. Ir is spec ific.illy understood mac the ria;lit-of-way :s bcinc used for dninqe &lid flood CODll'OI purposa. The properties upon which PROJECT ii coasnucted shal l not be used ior any purpose that shall dimillish or pm;la1de its \UC for drain&p and flood contro l putpeses . E'l\GLEWOOO or CHERRY HILLS may nor dispose of or change lhe use oflhe propenics witho": approval ofDIST1UCT . If. ::i !he futuR. E'.'<GLEWOOD or CHERRY HILLS disposes ,>f 111y portion of or all of tile .,..op.rues Kquiml 11f1011 which PRO!ECT is c:onsrru.:ud ;,unllllll to this ~t; :hanp, :he use of any pomon or .all of ihc _....,_..,.,1 1110 3 • ) I • 0 8. • • -• • ·,, • - ... properties upon which PROJEC T 1s coQStrUcted pursuant to this Agreement; or modifies any of the improvements located on any portion of the properties upon which PROJECT is constructed pursuant to this Agreement; and ENGLEWOOD or CHERRY l:IlLLS has not obtained the written approval ofDISTRlCT prior to such ac:,on, ENGLEWOOD or CHERRY HILLS shall take any and ail action necessary to revene said unauthorized act ivicy :md rerum the properties and improvements thereon, acquired and consiructed pursuant ~o this Agreement, to the ownership and condition they were in immediately prior to the unauthorized activity at ENGLEWOOD or CHERRY HILLS'£ sole expense . 1n the event ENGLEWOOD or CHERRY Hil.LS breaches the terms and provisions of this Paragraph 7 and does not voluntarily cure as set forth above, DISTRICT shall have the right :o pursue a claim against E~GLEWOOD or CHERRY Hll.LS for specific performance of this portion of the Agreement. PARTIES shall, prior to the recording by ENGLEWOOD •lr CHERRY Hll.LS of any document transferring title or another interest to property acquired pursuant to this Agreement to ~GLEWOOD or CHERRY HILLS , execute a memoranc.um of this Agr~cnt (Exhibit B), specifically a verbatim transC?"ipt of Paragraph 7. OWNERSHIP OF PROPERTY A."1D LIMITATION OF USE except for this sub-paragraph which shall not be conwned in the memorandum. The memorandum shall reference by legal description the property being acquired by ENGLEWOOD or CHERRY Hll.LS and shall be recorded :n the records of the Clerk and Recorder of Arapahoe County immediately :ollowing the recording of the document transferring tide or another interest to ENGLEWOOD er CHERRY HU.LS . WINTENANCE PARTIES agec that ENGLEWOOD or CHERRY Hrt.LS shall own and be responsible for maintenance of the completed and .x:cepted PROJECT . PARTIES further agree :hat DISTRIC T. at ENGLEWOOD or CHERRY HTLLS's request, shall wist E..'JGLEWOOD or CHER.RY HILLS with the maintenance of all facilities constructed or modified by virtue of this Agreement to the extent possible depending on ;ivailability of DISTRICT fimds . Such maintenance assisunc: shall be limited to drainage and flood control features of PRO.GCT. Maintenance assistance ma y include act ivities such as keeping tlow areas free and clear of debris and silt, keeping culveru free of debris and sediment, repainng dr3inage and flood con1r0l structures such as drop Stl'UCtures an d energy dissipaters. and clean-up measw-cs after periods of heavy runoff. The spcc:ific nature of the maintenance usistance s.b.all be set forth in 1 memorandu.n of understaDding from DISTRICT to ENGLEWOOD or CHERRY HILLS , upon accepunce ofDISTRlCT"s ilDDual Maintenance Work Program . DISTRICT shal l h.ve ri~t-vf-access to ~ight-of-way ~ storm draina~ improvements at all times for observatio n of flood ;;ootrcl fx:!itj' cc ncitio::is snd for maintenance when funds are available • ., ~ ) I • 0 • • - 9. FLOODPLAIN REGLV. TION COUNTY acn,es to rcsu,we md control the floodplain ofLlttle Ory Creek within ENGLEWOOD or CHEJUlY HILLS ill the mmcer pmcribed by tile Naliou.l Flood Insurance Program and prescribed rqulacions thcr:to u a minimmn. PARTIES UDderstalld and ac,ee. however, that .ENGLEWOOD or CHURY Hlll.S ca1111ot oblipre iuelf by C0111rKt to exercise ils police powers. If ~GLEWOOD or CHERR.Y HILLS fails to regula1e the ftoodplain oflittlc Ory Cteelt within ENGLEWOOD or CHERRY HILLS in die manner prescribed by the National Flood blsunnee Program and pmcnlled replatiom thereto as a minimum. OISTR.1CT may exerciJe ia power to do so IDd ENGLEWOOD or <:HERRY HILLS shall coopera191\llly. 10 . lll.MOF AGREEMENT The term of this AgrNment shall commence upon final exo,cut ion by all PARTIES and shall lfflDUI• two years after the l'inaJ payment is made to the ~ODSlnlCtion comractor and the fin.l aecountuig of fimds on deposit at DlSTIUCT is provided to all PARTIES punuut to Pangraph 5 1Nrcin, except for Paragraph 9. FLOODPLAIN REGULA '!'TON. Pua;raph 7. OWNERSHIP OF PllOPERI)" AND LIMITATION OF USE. 111d Paragnpb I. ~AINTENANCE. which 9hall run in perpeality. 11. UABD,lD'. Eadl plr'tY beffl.o !ball be nspousible for any suits, demands, cosu or actions at law resultina f'rom iUI own &C1S or omissions and may illsurl apinst s~n possibilities a, approprialle . 12 . CONJMCJNG OFflCERS AND N<Yngs A. The comractmg officer for ENGU:WOOD shall be Director of litilitia, City of Enaic"cod, 1000 Enslewood Parxwa)', Englewood, Colcndo 10015 . B. Tbt c011t1'1Ctinc officer fur CHERRY Hll.LS shall be C. The conll'l,Ctia& officer for DISTIUCT shall be the ~utiYe Director, 2410 West 26th Avenue, Suite I S6B . Denver, Co lorado I02 1 l. D. Any notices, demands or ocbc communiealions l"lquircd or pcrmiced to be given by any provision of this Aanemeiu shall be given in writing. delh·ered ~ly or scut by 8 n:gistcred mail , posi&ee prepaid and return receipt :-equaled, lddrew i to PARTIES at the addruses sec ford! above or ar ~ ocher address • either ;,ar1)' may hcnafter ar from time tc time designa by wriueu not ice to the other pany :iven wba personally del iva-ed or mailed, and shall be considered received in !he earlic of eidler tbe day Oil which such notice is ICtllally !'Ktived by die part)' to whom it !S addre£led or die third day after such notice is • mailed. E. The contnctin; officers for PAR.TIES each apw to dcsi gzws uid ISlllD a projecl represcnmtMI to act on the behalf of said PARTIE3 ill all ma1la'I related to PR.OJECT uudenaken pumaant to mis Aa,eemcnt. 'Each repreJentative shall coordinau ~II ~1111 0 5 ) I· 0 • • • ,,,-. • .. • -... PROJECT-related issues between PARTIES, shall attend all progress meetings, and shall be responsible for providing all available PROJECT-rel.lted file information to the engineer upon request by ENGLEWOOD or CHERRY HILLS . Said represcmatives shall have the authority for all approvals, authorizations, notices or concurrences required under this Aifcement or any amendments or addenda to this ~ent. 13 . AMENDMENTS This Agreement contains all of the tmns agreed upon by and among PAR.TIES . Any amendments or modifications to this Agreement shall be in writing and L'Xecuted by PAR TIES hereto to be valid and binding. 14. SEVERABUJD' If any clause or provision herein contained shall be adjudged to be invalid or imenforceab ie by a court of competent j urisdiction or by operation of any app li cable law, such invalid or unenforceab le clause or provision shall not affect the valid ity oftbe Agreement as a who le and all other clauses or provisions shall be pven full :orcc and eff~. 15. APPLICABLE LA ws This Agreement shall be 3overned by and construed in ace miancc with the laws of the State ;,f Colorado . Venue for any and all legal acions regarding the transaction covered here:n sh1il li e in District Court in and for the County of Denver, State ofCclorado . 16. ASSIQNABILITI 'No party to this Agreement shall assign or trmsfer my of its rights or obliptions hereunder ...;thout the prior written consent of the nonassiping Part) or parties ~ this Agree!:lent . 17. BINDING ErnCT The provisions of this Agreement shall biz;d and shall inw-: to the benefit of PARTIES hereto and to their respective successors and permitted assigns . 1 B. ENFORCEABILID'. PARTIES hereto agree and acknowledge that this Agreemmt may be enforced in law or in equity, by dec:ee of specific performance or damages, or S\lch other legal or equitable relief u may be availab le subject to the provisions of the laws of the State of Colorado . 19 . TERMTNATlON OF AGREEMENT l111s Agreement may be tenninated upon thirty (30) day's "'liuen notice by any of PARTIES , but only if there 3f'C no contingent, outsWldiu; contncts. If there are contingem. ourstmding c.ontraets , thls Agreanent may only be terminated upon m~nw agreement of all PARTIES md only upon the cancellation of all contingent, outstanding coDUllciS. All costs associated with the cancellation of the contingent comncu shall be shared between PAR.TIES in the wne ratio(s ) as were t:he1r cooni'out ions :ind subJect 10 the maximum amo.mt ;,f each pa.rt)'s ccnttibution as set forth herein. u ... \.....-.....r\llt t 11n 6 • ) I • 0 - • • --• • - 20. PUBUC RELATIONS ll shall be ll ENGLEWOOD or CHERJl Y HD.1.Ss sole disc:ltion to initiale and to cmy out my public~ prop-am to inform die residmm ill PROJECT ara as to tbe purpote of PROJECT 111d wbll impact ic may have oc them. Teclmical and final daigc rec:ommendaciom shall be pallllllCI to the public by the selected design engineer. In my event DISTRICT sball have no rapomibilily for a public relations program, but shall assist ENGLEWOOD or CHEIUlY HILLS u IIINded md app,opriall. 21. NO PJSCIIMJNADQN IN £MPLOVME,'IT Ill caaaectiou wilia die perfonnance of wort ander this Agreement, PARTIES agree not to refuse tlD hire, disdwp, promoce or demote, or to discriminate iD maaas of eompensatioD apinst my palOll otberwiJe qualified because ofrace, color, mcescy, creed, rcli&ioa. Dlliooal origin. gender, ap. military 5&11111, scxaal orientatioa. marital stams, or pl:.ysic:al or menial disability and filrther agree to insert die fc,reaoiag provision in all su~tracts bemmder. 22. APPRQPRIAlJONS NOlWicbscDdiua any other tcml, caadiliOD, ar provision herein , each and every obligation of ENGLEWOOD, CHERRY HILLS and/or DISTRlCT 513%ed in ibis Agreement is subject to the requizemens of a prior IIIIJrOP'ilbOll of funds therefore by the appropriare govenijns body of ENGLEWOOD, CHERltY HILLS and/or DIST1UCT . 23 . NO 1Jf1B P PARTY BENEflCLWES It ii c,cpressly undenllood and apwl dlar enforcemeat oftbe terms and condhioas of this Asr-mau, 111d all rights of action rclaiug to such enforcameui, sbaU be atridy re,er,,ed to PARTIES, and notbiq contailled in this Agreement sba1I jive or allow aay such claim or right of action by any ocher or third person on such Agreement. It is die express itdeDtion of P AllTIES dial any pcsoa or pany other than any ooe of PAllTIES receiviDa ,ervices or beDefils UDder this Agreement shall be deemed to be z incideatal beef'aciary only. WREREFORE, PARTIES bercto bave caused this instrummt to be eucUled by properly authorized signatories u of the dare and year first above writllen . (SEAL) ATTEST : ~11110 7 URBAN DRAINAGE AND FLOOD CONTllOL DlSTlUCT Title H1Gfllive Djqctor D11e. __________ _ ., , • - • • {SEAL) ATTEST: (SEAL) AT'raST: APPllOVED AS TO FORM: CityAuomey .. ' a • • - CTY OF ENGLEWOOD By __________ _ Trtle, __________ _ Date, __________ _ CfIY Of CHERllY HILLS VILLAGE By _________ _ Title. __________ _ Om. __________ _ ) I· • - .... • • --• • -.. AGREEMENT REGARDING DESIGN OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR LiiTLE DRY CR.EEK AT ENGLEWOOD DITCH AgreemeatNo . 01-11.10 Exhil,itA 4 .. • J ) I· 0 • • -· • •,. • -... AGREE.\fENT REGARDING DESIGN OF DRAINAGE AND FLOOD CONTllOL IMJ'R.OVEME?-'TS FOR UTTl.E DRY CREEK AT 'ENGLEWOOD DITCH (UDFCD Agreemmt No. 01·11.10) .. This ~ORANDUM it eatawd into lhis day of 20_ '1y 111d bliween URBAN DRAINAGE AND FLOOD CONTROL DISTRICT, a quasi-p,er,,mmtal entity, wbotc lddNss ia 24&0 Wost ZcSdl A,...ue, Swte 15'-B, Denver, Colorado 10211 (bereindilr ealled "OISllUCT"} 111d I govamncm:al entity, whose address is ------------(he:eiJwter called "CTN") and collectively la,own u "PARTIES"; WHEREAS, P AllTIES llllaCd intc "Agnemeut lleprdin3 Final Dcsip, Right-of• Way Acqaisiuaa 111d ~on ofDraiDIF 111d Flood Control Improvements for ___________ _,• t,"'DFCD Aa,eement"No. _______ on or about ___ __, 20 _, ~ ca1&.d "ACillEE..'1ENT"}; IDd WHEllE.AS , AGRE.E..'1&.'T is uarsorded, howevc PART1£S have qreed iD • .t.GREEMENT t0 NCOrd tllis MEMORANDC'M in 111c rac:ords of Ille Cleric 111d Record.er of ________ _ 5cm of Colorado, ill order to put all who inquire on nocic:e of AGllEE.'1&,1 and iD parueular Paragraph 7.C of AQKEEME?l.1; and ViHEREAS, ill A~ 1, PAllTIES asreed tu participate equally (up to a maximum of s. _____ eac:h) in lhe cost of die CODsnc:tion of dniaap and :load COlllr'Ol miprovemems for -------------within CTN bolllldaries whidl ilaehldc _______________________ o,ereiDa6er called "n.OJECT"); ud WHEREAS , ooll51nlction of PROJECT may require die acquiaitioa by CJ'lY of rR1 ;,roperty; md WHEREAS, AGREEMENT fw1hc:r provides !bat CrrY will OW11 all real propeny requind t0 ~ln!Ct tlw improvemcu and that CITY ownership of !bat ru1 property shall be subjcc:t ro the terms and conditions of AGREEMENT Ind iD panic;ular Parapapll 7 .C of AGREEMENT; and WHEREAS, Paragraph 7.C of AGREEMDIT provides in appropriare pan u follows : "7.C. <>n,nhip gf Prppffly yd Llmjtatjcp oft;x. CITY shall owa die property eidier iD fee or ~le euell*lt 111d shall be rapoasible for -· It it Sl*ifically lllldemood tbat the rip-of-way is t.ma IISed for draillqe IDd flocod co111n>l purposes . The properties upon ... hich PROJECT is collSUIIC:tld shall DOC be 11141d for my purpoie dill will diminish or preclude its u,e for dniDlp IDcl flood eoatrol purJ'Olft. CTIY may 11ot dispoM of or chmp !he use -:fuic ;,roper,ics without approval of DIST1UCT . If. iD tbe ftnun, CllY • , •· 0 • • • • - AGR.EEMENT REGARDING DESIGN OF DRAINAGE AND FLOOD CONlllOL IMPROVEMENTS FOil LIT'TLE DllY CREEK AT ENGLEWOOD DITCH ~No. 01-11.10 Exlu"bitA .. .. I· 0 - • • • ' ~, • - dispo-of any ponic,D cf or all of die properties acquired upoa which PROJECT is cOIISll'IICUld pursuant ui dais~ cbmps the 1118 of any portion or all of Ibo properties upon whidl PROJECT is c:anslnldlld punuaz t10 this Agreement, or modifies any of:be improvemeu loc:ad on my pomon ofdle proportic:s upon whidl PROJECT is cOUlnlClled panaam: to thit A.-, 111d CITY has not obcained die writtea approval of DISTRICT. prior to such actioa. C1lY sball lKO any ud an action noecssary tlO rwvcse said WWldloriZlld Ktivity md ~ Ille proplltiea ad i.11provanents tbereon, acquind and COIISIIUCtCd punuaat tlO this A..-, ID tbe c,-,bip aad condition they-in bracbes die tenm 111d proviliml of lllit Plrqnph 7.C and does not vohmlarily c:ure as ,. fonb abaft, DIS'TIUCT sllall ba"9 di. rip! t10 pursue a claim apiDst CITY for specific: perfomwice of dais ponioD oftlle ApemeftL ·; 111d WHEREAS, CITY bas j111t acquind tbe raI prapcrty dacribed in uhibit Z IIDCbed bcreto and ~ herein by refer-. u if set for1ll verbllim lllrein, punuant to die terms md ~ of A~ for the coastnll:tion of PROJECT; aad WHEREAS, PARTIES inwnd tllll die wms aad provisions of AGREEMENT, iDcludma but not lialilad to Plnp'IPb 7.C of AGREE.'\iENT,. fonh verbmim above. shall apply to and comroi !he real pn,pany dacribod in ExJijbit z. ~W TBEltEFORE IT IS ACiREED by 111d '*""-PAUlES diat :118 191m1 aad provision, of AGREntENT, iacludiq be DIil limillld to Pll.-.,II 7.C of ACiltEEMENT III fonh verbalim above mil apply to aacl COlllrOl lhe real prapmty dllc:ribed ia Exbibii Z. DOW owmd by CITY . This MEMOllANDUM it aot a complele ~ of A~T. Provisiom in Ibis MEMOllA..'IDl."M sbaU act be uRd iA ~ AGREEME?\,-1 provi£ioa . In tbc evmt of ccm1lic:t blrW9C mil ME.\fORANDUM and Iba wnc:ordld AGllE.'iENT, 1D1 umecordlld ACiltEEMENT sba..11 camol. WHEJlEFO.RE, PARTIES bave cauc:d dlia MEMORANCUM ui be IIDC1*d !,y properly aullloliad sipaaua as of llle daa 11111 yar above writNa. (SEAL) ATTEST: tJJUlAN DltAINAQE AND FLOOD CONTROL DISTIUCT By ___________ _ Title EK!r,m,,e Pim-or-~---- 0..'------------ CITY OF _______ _ .. ' . •· 0 • • • (SEAL) ATicST: Clerk and Recorder. APPROVED AS TO FOIL~: .. Auorney for the _______ _ By __________ _ Assistmt Attomey STATE OF COLOIL.WO ) ) ss. • .. • • .. By __________ _ Dale. __________ _ lECOr.c,.m.lDED AND APPROVED: REGISTERED Ai"ID COUNTERSIGNED: By __________ _ CITY AND COUNTY OF DENVEll) Subscribed md swom to before me this ______ day of _____ __, :o_, by L. Scoa Tucker, Executive Direc:tor of Urban DraiDap md Flood ColllrOI Disuic:t . Vt'TrnESS my band and off"tcial seal. (SEAL) !llo,ary Public My Commission Eiq,ires ___________ _ STATE OF COLORADO ) ) ss . ) com.TI oF ______ _ Subscribed and sworn to before me mis ______ day of _____ __, 20_, by WlTNESS my hand and official seal . (SEAL) Nowy Public My Commission Expires ___________ _ • I I· 0 Date December 1 7, 2001 :, .. , . ... • • - COUNCIL COMMU NICATION Agenda Item 10 a i STAFF SO URCE Subject Cit\ Ditch Repair to th Li tt le Dr\ Creek Siphon INITIATED BY U t ili t ies D epartmen t Stewart Fonda, D irector oi U tili ties COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None RECOMMENDED ACTION The Engle" oud \Vater and e\, er Board rec o mmended Coun d apprO\ al 01 the Cit, Ditch re air to the Little Dry Creek siphon by ph one I ote on Dece mber 6, 2001 . BACKGROUND, ANALYSIS , AND ALTERNATIVES IDENTIFIED The Ci ty Ditch siphon in the 3700 block of Sou th Clarkson Str ee t must be repaired because er osi o n is causi ng se ttlin g benea th the pipe. The propo sed spill\\ a "o uld all ow Littl e Dr, Cre ek wa ter to tl o" 01 er this p ipe d area oi th e Ci ty D itch and protect the pipe tha t goes beneath Little D Creek . Urban D rai nage and Flo od Control D1stn ct \\ ill be con tnbut1ng 50% of eng in eeri ng and co nstru ction cos ts to r th is proJe t because i:ngle , ood s ,1phon structure 1;, , 1th1n their flood plain iuns I lio n . To ma in t 1n flows in that flood plain a proper protectJon structure must be cons tructed in this 100 ' section. Engle,~ood 's City Attorne\ has r 1e , d th e agreement. FINANCIAL IMPACT rban Dra inage and Flood Control D1stnct ,,ill be pa, 1ng 50°-o ot the engineering and co nstru cti o n costs . This agreement 1s tor th e eng111eenng portion o nh . Engle11 ood 's sl1J1e 1, e,umated to b1: ap ru ,.1111at1:h S 10 ,000. This i a bud eted item 111 the \ ater Source and uppil 09-01 budget. constructi o n agr ee ment and bid "111 e to rth com mg in Januan and 1s e,uma te to be appru ,,111at1:h 1 uu. JUU . UST OF ATTACHME NTS lntergo1 ernmen ta l A greemen t ~1th U rban Drainage and Flood Con trol .. . , I • 0 • • -• • ,~ .... • • BY AL'THORITY ORDINANCE NO ._ SERIES Of 2001 COUNCIL BILL NO. 84 I'.'JTRODUCED BY COl:NCIL MEMBER~~~~~~~ A BILL FOR AN ORDINANCE APPROVlNG AN ENCROACHMENT PERMIT ,\.\ID INDE:\1NITY AGREEMENT PERTAINING TO INSTALLING RAMPS . WALLS . STEPS AND RAILINGS ASSOCIATED WITH PROVIDING ACCESS TO THE El\1TRANCE Of THE BUILDING LOCATED AT 3384 SOUTH BROADWAY IN THE PUBLI RIGHT · OF-WAY TO MEET THE REQUIREMEl\1TS OF THE . .\.\1ERICAN DISABILITIES ACT . WHEREAS , Section 11-3-4 of the Englewood Municipal Code 2000 provide that an encroachment into public right-of-way may be granted up on compliance with certain terms and conditions and the issuance of a n encr oachment permit and indemnity agreement issued by the City ; and WHEREAS, a Building Perm1t was issued m January 2001 , for the Bi s ho p Retatl Building at 3384 South Broadway: and WHEREAS , the property 1s being developed with retail space for two bus messes on the l " floor and three l bedroom lofts on the 2°d floor ; and V. HEREAS , the owner and the arclutect have provided a plan t hat provi de3 handicap acces to the front entrance of the building. that does not encroaches mto the Pubhc Right-Of-Wa y; a nd WHEREAS . the City of Englewood recel\·ed a n apphcat10n fo r an encroachm ent permit from the Owner of 3384 South Broa dway ; and WHEREAS , Admirustrative approval of e ncroachments into Public Right-Of-Ways must meet the following conditions: 1. That the wall and or fence are no closer that 12 inches (12 .. ) from the back of the walk . 2 . 3 . That the wall and or fence are in com pliance with all othe r prov1 10n of the Municipal Code . That the wall and /o r fence are n ot adjacent to a street that 1s designated to be wid ened or 1mpro,·e d : a nd WHEREAS , the proposed construction meets the City's co ndition s 2 a nd 3 : however, the wall and ratling as pro po sed e ncroaches mto the Pubhc Right-Of-Way (walk) by four feet (4") and fails the condmon l , and WHEREAS, the 1mpro,·e ments encroach mto the public walk fou r feet (4 ") leaving fiye feet and eight inches (5"8"') of clear walk to the nearest obstructio n which I a public s treet hght and ove r rune feet t o the curb on outh Broadway : a nd -I - • . ' I • 0 - • • • .. • - \Ne are therefore recommending Ci t Council ap pro\ e th e attached Encroachmen t Permi t th at spe ll s o u t th e r es p o nsibili t ies of th e property owne r from thi s da v fo rth . FINANCIAL IMPACT • o financial impact to the City is identified. LIST OF ATTACHMENTS Proposed Bill for an Ordinance Encroachment Agreement Site Plan ., I • 0 2 ] • • ORDl:-.;A:-JCE '.'JO . SC.:RIES OF 2001 .. ..-- • • -.. BY A.L'THORITY COL''.\CIL BILL '.\O 3 l'.\TRODCC ED BY COC '.\CIL '.\IDIBER ______ _ A BILL F O R AS ORDl~ANCE AUTHORlZI~G A .. 'i I~TERGO\ "ER:--.r:vtE'.'-iTAL AGREDlE~T E:-JTITLED "AGREE:'v!l!!NT REGARDI>iG DESIG~ OF DR.,\.1:-.;AGE A .. ,1) FLOOD CO'.\'TROL IMPROVE:VI!NTS FOR LITTLE DRY CREEK AT THE CITY DIT CH' BETWEE~ THE UR.BA.\; DRAINAGE . .\.'iD FLOOD CONTROL DISTRICT A::-..TI THE CITY OF E~GLEWOOD A:-JD THE CITY OF CHERRY HILLS VILL.\GE . WHEREAS , the City Ditch siphon m t he 3 700 block of South Clarkson Street must be repat.red because erosion 1s causmg settlm g beneath die pipe : and WHEREAS . the propose d s pillway woul d allow Little Ory Creek water t o fl ow over this piped area of the City Ditch a nd prot ect t he pipe tha t goes beneath Little Dry Creek : and WHEREAS . L'rban Drainage and F'lood Contrai Di s trict will be co ntnbuung 50% of engineering and construction costs for this pro;ect because Englewood's siphon structure is w1thm thell' flood plain junsdict1a11 : and WHERE .. .\S . to mamtam flows m t hat ~plam a prope r protection structure must be co nstructed a one -hundred foo t (100") s ectio n : and WHEREAS . the Eng le wood Watar and Se wer Board reco mmended a p pr ova l of the Little Dry Cr eek si phon by phone r ote on Dece mber 6 , 2001 : ~OW , THEREFO RE . BE IT O[lt)AIXED BY THE CITY COCSCIL OF THE CITY OF E~GLEWOO D . CO LOR...-\1>0 . AS FOLLOWS . Sect10n I The Ci ty Co urictl of the Ci t y of Englewood, Colcrado hereby authonze s the Intergovernmental Ajf!'eement entitled ''Agreement Recarding Design of Dramage And Flood Co ntrol Impl()vements For Little Dry Creek At City Ditch"' between the C rban Dramage and ,ioo d Co ntrol District and the City of Englewood . a copy of wluch 1s m a rked a s "E xlub 1t ..\'' and attache d hereto . Sem on 2. Th e '.\l ayo r and the Ci ty Cle rk are hereby auth oriaeci to si gn a nd attest said I nte r go ,·rnmental Agreement on beha lf of the City of Englewood . lntrodi,ce d . rea d m fu ll. and passed on ft.r st re ad mg on t he 17 '0 clay of Dece m be r . 2 0 I -1 - ,, I • 0 • • Date: Dec ember 17, :!001 INITIATED BY : I • .. • • - COUNCIL COMMUNICATION Agenda Item: 10 a ii STAFF SOURCE : .. Subject: En croachm ent Agreement -3384 So uth Broad\,av Pu bli Works Ken Ross, Dir ecto r of Public \ Vo rks COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Th e re has been n o previous Counc il acti o n o n thi s requ est. RECOMMENDED ACTION Staff recommends that City C o unci l appro,e th e attached En croachmen t Agreem en t. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In januar, o f '.!001 , a building permit was issued fo r the Bish o p Re tail Buildin g a t 3384 o uth Br o ad ,a The proper!) is being developed w ith retail space fo r two b usinesses o n th e first fl oor and thr ee o n bedroom lofts o n th e seco nd fl oor. Th e origi nal int en t o f th e arch itect was to re m ove a ll th s1d e \\a lk 111 fr o nt 0 1 th buil din g to the c urb o n Br oadwa and ramp 1t up to matc h th e finish fl o r o f th e building. Publ ic W o rks re, iewed th is proposal and rejected it bec ause we like o ur public s1d "alks flat , and puttm g a hump in th e walk would look bad and could c.aus a tr ip pin g hazard . Next th e a rch itect vanted to us th entr, o rf th e alle as th e handicap access and ha, e a coupl e o t teps a t the fr o nt entr an ce o n Broadwa,. The Building and Safetv Di, ision rejected this concept be ause manda tin g handicapped p o ple to u e th rear e ntrance "as no t consistent vith the Am e rican \\ 1th D1~abili t1 es Ac t. The O\\ ner a n d th e arch it ect ha, com e up wi th a plan that pro , id es handic ap acces to th e tron t e ntran ce o f th e build in g, that d oes n o t encroach too fa r int o th e nght-of-,,a , and that arch it ecturall y complun ents th e building and the urban theme along Br oadway. Bu ilding and Safety, Pl anning, and Publi W o rk s ha, e re, 1e\, ed th plans and all ha, e gi, en th eir conc urrence. A e ncroachm ent permit is re quired, but it was dete rmin ed that th e pro p osed encroach m e nt exceeded staff's administra tive auth o ri ty as prO\ ided in Titl e 11 , Chapter 3, Secti on 4 o f th e Englewood Mun ic ipal C o de , and th e refore th e re qu est needed to be bro ught to City C o un ci l. Adminis tra ti, e approva l of e ncroachments fo r fen es and re ta1111ng , alls mav be gran ted prov iding : 1 . That th e , all and o r fence a re no closer th an 1 :! 1n c he~ trom the bac k of \\a lk. , That th e wall and o r fence a re in compliance , 1th all o th r pro, 1s1ons o i th Muni u al Cod . 3. Tha t th e wall a nd /o r fence are n o t ad1acen t to a sir e t that is des1 nated to be , 1dened o r nnpro ed. The pro posed constru c tion m eets condiu o ns :! and 3 b o ,e . but tails to m eet cond1t1 o n 1 The va l! an railing as propo sed e ncroach e into th e publi c ,, alk t0 ur ,eel. E, en th o ugh th ese 1m p ro m nts encroach in to th e pubh \\alk fou r fee t, th e re remains fi\ e teet and eight mc h ~ 0 1 d ar , al k to th e nearest obstr ucti o n , (a publi c str eet ligh t) and 0\ er nin e fee t to th e c urb o n Br o ad , a , Ther ,o re th e re 1s ample room fo r pedestnan~ to move about o n the sidewalk 111 fr o n t o f thi s b u ilding . • I • c:, • • ;;---------;----------:--------.-------------• • - WHEREAS, the City staff believe that there is ample room for pedestrians to move about on the sidewalk in front of this building and recommends approval of this Ordinance; and .. WHEREAS , approval of this Ordinance will authorire an "Encroachment Permit And Indemnity Agreement" formally recognizing the dimensions of the encroachment; NOW , THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT : Sectjon 1. The encroachment of four feet (4') into the Public Right-Of-Way (walk). as identified in "Exhibit A." is hereby granted. Sef1jon 2. The "Encroachment Permit And Indemnity Agreement"' attached hereto as "Attachment l ." is hereby accepted and app.roved by the City Council of the City of Englewood. Colorado . Introduced, read in full , and passed on first reading on the 1 i '" day of December, 2001. Published as a Bill for an Ordinance on the 21st day of December, 2001. Beverly J . Bradshaw, 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 lith day of December, 2001. Loucnslua A. Ellis -2- • I , I • 0 3 - C • • v -• • . . . .. • - T y 0 F E N G L E w 0 0 A'IT;\CHMENT l ENCROACHMENTPERMITA.'IDINDEMNITYAGREE)IENT THIS AGREEMENT, made this day of J a nu ary . 2002. between the City of Englewood, Colorado, a municipal corporation. and EddJ e B1s hop , the owner of a certain parcel of real property legally described as : the South 15 feet of Lot 8 and all of Lot 9 in Block 4 of the Premier Addition Subdivision and commonly known as: 3384 South Broadway The City of Englewood. Colorado . hereby grants to said owner of the property at the above described location permission to: Install ramps , walls. steps. and railings associated with providing access to the entrance of the building that meets the requirements of the American D1sabilit1e s Act . The wa lls , steps and railings , hereafter referred to as "improvements", are to be located in front of the building located at 3384 South Broadway and shall not encroach tnto the Broadway public right-of-way more than four feet . As shown on .. Exhibit A " consisting of two pages. The aforesaid property owner and his hell's and assigns understands and agrees that: l. 2 . 3 . 4 . 5 . That the property owner/contractor s hall obtam all necessary permits and satisfy all conditions required for the co nstruction of the improvements propos ed in the public nght-of-way . That this permission 1s revocable at will and without cause by the City of Englewood without heanng and without notice other than Notice of Revocation . That the property owner shall remove the improvements from the public right-o f-wa y within thirty (30) day s after receiving Notice of Revocation by personal service or certified mail . That the property owner 1s estopped to deny the right of the City of Englewood. Colorado , to revoke the Encroachment Permit or to deny the pro perty rights of said City. That the property owner agrees to reimburse and indemrufy the City of Englewoo d. Colorado. for all necessary expenses of whatever nature that may be mcurred m revolung this Permit , removing the improvements placed in the public right-of-way , or any other expense as a result of granting the Encroachment Permit. 1000 Englewood Park, ay Eng le vood . Colorado 11 0110 Phone 303-,&2-2 300 • . ' • D I • 0 • • ,; . • .. • • ... 6 . All maintenance of the improvements is the responsibility of the prop er ty own e r . The costs associated with the improvements are significantly greater tha n t h e concrete curbs and gutters and sidewalks that were used to es tablis h t he ci t yw ide concrete utility . therefore the Concrete Utility Fund shall not cover a ny ma mten a nce costs associated with these improvements. 7 . That if the City ever determines that the improvements are not bei n g ma intained. and as a result the improvements represent either a safety co n cer n or t he vis ual appearance of said improvements are a detriment to the urban charact er of the Broadway street corridor, then the City will provide written notice that the safe ty or aesthetic concerns should be addressed. The City Manager may give written noti ce to the owner that maintenance must be performed or repairs made within a specified period of time . If such repairs or maintenance are not performed within t he stated time , the City Manager may order such repairs or maintenance to be performed by the City and the expenses connected therewith shall be a lien upon the property adjacent to the improvements until the cost thereof is fully paid. If the assessment 1s not pa.id within thirty (30) days thereafter. the City shall certify s uch a ssessme nt to the County Treasurer who shall place the same upon the tax list for t he current year . to be collected in the same manner as other taxes are co llected . with a te n pe r ce n t (10%) penalty the.reon to defray collection costs . 8 . That the property owners shall maintain insurance coverage s uffi ci ent to satisfy a n y liability arising as a result of this Encroachment Permit and lndemruty Agreement. and the City of Englewood shall be held harmless from any and all lia bilities ansmg from this action. 9 . That this agreement shall inure to the benefit of and be binding upo n the he irs . executors, administrators, assigns, and successors of the respective parties. IN WITNESS WHEREOF . the parties have set written above . the ir hands t he day an d year fir st CITY OF ENGLEWOOD , a municipal corpor a tion By : ______________ _ ATTEST : Beverly J . Bradshaw, Mayo r By : ________________ _ Loucrishia A. Ellis, City Clerk By : _________________ _ Ken Ross , Director of Public Work s By: _________________ _ Robert Simpson Director of Community De velopment : ., , . ..; I • 0 2X .. _ • -.. • -.. ... ., PROPERTY OWNER By : • • I . 0 3 • • .i ._ TDP'Waill ·.~ ,I ----,.,.~ .T --- J r-,-,--- ;i: 'TD-. I ----- --·-..,._C'11 --= - • ,. • • @ ~~°!:~c~ET ELEV A TION • 0 ::, 0 • • -• MATCI~ EXl&TING &IDEWALK ELEY&. - 1,1,l 1,1,l s.: ~ fll >e < ~ Q < 0 s.: ~ fli (.J-:~ ~ ,,- • ), . . • -' -----_13·-~ -- /- . .. P.xJ 1i biL ;\ Paye 2 of 2 .. 11 -~~~,1~ ,r--';_;W ~~~~~E\/1:L· TTI". EAC~ &IDE, CITY Of' ENGLEWOOD "FEDE"'-'L GfllEEN" COLOR --NEW DECOIIU\T. GUAl'l!D"'41L AT -42" AeV. FIN. LE\/1:L · • AT ~T&IDE EDGE CIF !llAMr CITY OF ENGLEWOOD "FEDE"-"'L GfllEEN" COLOR !f.W.- -NEW CONG. ~ NEW F'll"E RAILING AT 36" Al!W. P'IN . LEYl:L· AT BLDG. FACE , CITT OF ENGLEWOOD "FEDE~ G~EN" COLOI" E ----kdllldl·arnn. ..... :L-ir' .. ----·-·--- ., . ) I • 0 --------,,-----------:--------.. ·-------:---------;:-:----...--------,,,-- - • • I v -• ORDINANCE NO ._ SERIES OF 2001 ' . '•·" • • - BY AUTHORITY CO "NCIL BILL ::-JO. 80 1:-JTRODUCED BY COUNCIL MEMBER WOLOSYN AN ORDINANCE AMENDING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TA.XA.BLE PROPERTY WITHIN THE CITY OF ENGLEWOOD , COLORADO . WHEREAS. it is the duty of the City Co uncil of the City of Englewood . Co lorado, under the Englewood Home Rule Charter and Colo r ado ReVJse d Statutes. to make the annual levy for City purposes; and WHEREAS, the City Council has duly co nsid e red the estimated valuation of aU the taxable property within the City and the need s of the City and of each of said levies and has determined that the levies as heremafter se t forth. are proper and wi se : and WHEREAS, the following levies are permitted under Article X. Section 20 of the Colorado Constitution without a vote by the c1t1zen s: and WHEREAS, the Englewood City Council established the 2001 Mill Levy by the passage of Ordinance No . 62, 2001 which was passed prior to the November 2001 Election and did not include the additional mill levy required for debt service on the Parks and Recreation bonds wluch was approved on the ballot at the November 2001 Election; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF E:-JGLEWOOD . COLORADO, AS FOLLOWS : Sectjon 1. That there be and hereby is levied for the year of 2001 , due and payable as required by statute in the year 2002 , a tax of 5 .880 mills on the dollar for the General Fund of the City of Englewood , Colorado, and l.558 mills on the dollar for the Community Center Bond Debt Service Fund and the Parks and Recreation Bond De bt Service Fund of the Cit.y of Englewood , Colorado. That the levy herein above set forth shall be levied up on each dollar of the assessed valuation of all taxable property within the corporate limits of the City of Englewoo d . Colorado , and the said levy shall be certified by law . Introduced , read in full, and passed on first reading on the 3rd day of Decembe r . 2001. -I - • I 10b i 0 I • • • • . • .. ......... • -.. Published as a Bill for an Ordinance on the 71h day of December, 2001. Read by title and passed on final reading on the 17th day of December, 2001. Published by title as Ordinance No._, Series of 2001 , on the 21st day of December, 2001. Beverly J . Brads haw , Mayor ATTEST: Loucrishia A. Ellis . City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood . Colorado. hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No._, Series of 2001. Loucrishia A. Ellis -2- ... . . .... • . ' . I • 0 2X - • • ORDINANCE NO._ SERIES OF 2001 • • • BY AUTHORITY COUNC IL BILL NO. 8 1 INTRODUCED BY COUNCIL MEMBER V. OLOSYN AN ORDINANCE AUTHORIZING THE TRANSFER OF OWNERSHIP OF THE ENGLEWOOD DEPOT BUILDING FROM THE ENGLEWOOD HI STO RI CAL SOCIETY TO THE CITY OF ENGLEWOOD . WHEREAS , in 1994 the Englewood Depot received status as a historic structure on the State Register of Historic Prop erties: a nd WHEREAS , in 1995 the Englewood Hi storical Society was awarded a S I00 .000 grant from the Colorado State Historical Society for renovation of the roof a nd butldmg exterior; and WHEREAS , in 1998 the City of Englewood purchased the depot and s ix lots at West Dartmouth and South Galapago from the Englewo od Hous ing Authonty : a nd WHEREAS. the City then so ld the Depot building to t he Engl ewood H1 toncal Society for $76,000 pursuant to an m staU me nt co ntract: a nd WHEREAS. the Englewood City Co uncil authonzed , through a 2000 Ca pital Fund appropriation, $250,000 toward comp leti on of the rehabilitation of t he De pot: a nd WHEREAS , the Englewood Hi ston ca l Society ha s requested that the Ci ty accept ownership of the Depot butldmg m exchange for relieving the Society of its indebtedness of $76.000 to the City ; a nd WHEREAS. the passage of tlus Ordinance will term m ate the mdebtedness owed to the City by the Englewood H1 stor1cal Society a nd the City w1U assume owners hip of the Depot; NOW . THEREFORE, BE IT ORDAINED BY THE CITY COUNC IL OF THE C ITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Section 1. The City Council of the City of Englewood , Co lora d o hereby a uthorizes the transfer of ow nership of the Englewood Depot building from the Englewo od Historical Society to the City of Englewood in exchange for the City's forgiving of the Englewood Hi storical Society's indebtedness of $76.000. Introduced, re ad in full , and passed on first reading on the 3rd day of De ce mbe r . 2001. -I - . ' lObii I • 0 X - • • • - Publis hed as a Btll for an Ordinance on the ith day of December. 2001. Read by title and passed on final reading on the 17th day of December, 2001. Published by title as Ordinance No ._, Series of 2001. on the 21st day of Dece mber . 2001. Beverly J . Bradshaw, Mayor ATTEST: Loucrishia A. Ellis, City Clerk .. I , Loucrishia A. Ellis, City Clerk of the City of Englewood . Colorado, he reby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No._, Series of 2001. Loucrishia A. Ellis -2- • • I I • 0 32 - • • .. • -.. 'nsoLtmON NO . SERIES OF 2001 A RESOLljTJON FOR REAPPOINTMENT OF JOHN LO rs PARKINSON AS ASSOClATE MUNICIPAL JUDGE FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, pursuant to Article IX , Part II , Section 68, of the Englewood Hom e Rule Charter, "Council may appoint one or more associate judges, who shall sit at such times and upon such causes as shall be determined by the presiding municipal judge;" and WHEREAS , Associate Judges are appointed for four year stagger ed terms : and WHEREAS, John Louis Parkinson's present term expires De ce mbe r 31. 2001 : a nd WHEREAS , Associate Judge Cohn serves until 1/31/01 : Associate Judge Daw on se rves until 5/4/02; Associate Judge O'Brien serves until 9/17/05 : and Associate Judge Smtth serves until 12/3 1/0 5: and WHEREAS , Judge Vincent Atencio requests the Co uncil appoint John Louis Parkm on to another four year term as an Associate Judge for the City of Englewood ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO. THAT : Sectjon 1. John Louis Parkinson, shall be and hereby is r ea ppointed as Associate Municipal Judge in and for the City of Englewood, Colorado, for a term co mmencing January 1, 2002 and expiring December 31 , 2005 . ADOPTED AND APPROVED this 17th of De ce mber, 2002. Beve rl y J. Brads haw , Mayor ATTEST : Lo ucnsh1 a A. Elli s, City Clerk I, Loucrishia A . Ellis , City Clerk for the tty of Englewood . olor a do. he r e by certify th e above is a t rue co py of Resolution . o.~ eries of 200 I. Loucnslua A. Ellis . ~ I • 0 2X • ---~-----------.,-----------~~ .. .--------• ... • - COUNCIL COMMUNICATION Date: Agenda Item Subject : Re-app oin tment D ece mber 1 7, 200 1 10 Ci of Associa t e Judg e J. Lo uis Parkin son INITIATED BY : STAFF SOURCE: Municipal Co urt Tamara Wo lfe , Co urt Administrat or COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Munici pal Cou rt supports City Council's goa l of provid in g appropriat e servi ce le\ els b r eq ues tin g th at they continu e t o re-appoint Ass ociate Jud ges to ser\ e th e City of Englew ood. RECOMMENDED ACTION I I Pr es idin g Jud ge Vincent Atencio requ ests that th e Co un cil re-appo int J. Lo uis Parkin so n to sen another 4-year term as an Associa t e Judge for th e Ci ty o f Englewood, com m enc in g Janua ry I, ~002 and exp iring D ece mber 31, 2006. BACkGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Associa t e judges are required in o rd er fo r th e Cou rt to main tain a full tim e, iull ser\ ice, s h dul The asso ia t e judge fill in for the Pr es iding Judge when th ere is a co nflict of in tere t, illn ,s. o r vaca ti o n . The , ma also ser\ e as an add iti o nal judge when th e volume of case demands . FINANCIAL IMPACT There is no ad diti ona l finan cial impact, as associate judge fees are included in th e annu al bud ge t. LIST OF ATTACHMENTS Proposed Resolu ti on. , . I • 0 - • • . ,~ f . • • -.. COUNCIL COMMUNICATION DATE: AGENDA ITEM : SUBJECT: 12 bi . Elati Street Develo pment Revi ew December 1 7, 2001 Committee Vacancv INITIATED BY: STAFF SOURCE: Community Development Department Robert Simps o n , Community D e elopmen t Direc to r REQUESTED ACTION: Staff requests th at City Council take action to fill th e \a ant p o rti on o n th e Elati Str ee t Development Review Committee resulting fr o m th e O \ ember 200 1 electi o n. BACKGROUND AND ANAL YSjS : Counci l crea ted the Elati Street Develo pm en t Re\ iew C o mmittee in Augus t 2000. Th e goal 0 1 Council was to c rea te a committee \\ ith stro ng co mmunity rep rese nta tio n beca us e o i th widespread public interes t in the development o i 10 rm r City H all site . Council determined that at a minimum th e Committee should be composed o f two Co unc il m embe rs, two EU RA m embers , two comm unity business members, four City staff, and design or iinancial ad\ isors . Because of th e November 2001 election, the Committee seat held by the Former Mayo r Tom Burn s is n ow vaca nt. Because of the importance of thi s Committee. Staff re co mmends fillin g th is vaca ncy. Two possible opt ions for Council consideration are: 1. Appoint a Counci l member to fill th e \'aca n c ., Rea ppoint Former Mayor Tom Burn s to ser\ e as a community repr ese ntati\ e. Both opti ons present advantages fo r th e Committ ee . A n ew Co uncil appointee w ill bring fr es h insight to the de ve lopment process and reappoin tin g Mr. Burns maintains th e co ntinuity o f th e Committee FINANCIAL IMPACT: o ne. L 'LE l<.Ji ,\ NIA(;ENDAIIJECEMBER 17\CC ESDKC VACAI\CY l>OC ,. . ., .. .. i I I I I ) I • 0 -. 1. 2 . 3 . 4. Call to order. . • • • - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL MONDAY, DECEMBER 17, 2001 7:30 P.M. Englewood Civic Center · Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Invocation . /IJ~ 1 Pledge of Allegiance . b~ Roll Call. ~ -/ v (_ ~-&Ml>dt) .. Please not If you haw a disability and need auxiliary please notify the City of Englewood (303-762-2405) at least 48 houn in advance of when services are needed. Thank you. • I • 0 • • --· • ... .. • - Englewood City Council Agenda December 17, 2001 Page 2 9. Public Hearing (None scheduled) ffi 10. Consent Agenda . b. Approval of Ordinances on First Reading. i. Council Bill No. 83 -Recommendation from the Utilities Department to adopt a bill for an ordinance authorizing an Intergovernmental Agreement w ith Urban Drainage and Flood Control for City Ditch repair of the Little Dry Creek siphon . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. ii. Council Bill No. 84 · Recomm endati on from the Department of Publi c W o rks to adopt a bill for an ordinance authorizing an Encroachment Agreem ent for 3384 South Broadway. STAFF SOURCE: ken Ross, Director of Public Worl<s. Approval of Ordinances on Second Rea ding. /(). ,0..;,t "11 i. Council Bill No. 80, amending Ordinance 62 , Series of 1001 establishing the ~ -rf 2001 Mill Lev y . f n • .hdi.i/ Council Bill No. 81 , transferring ownership of the Englewood Depot t o the City b [jdLl}'--of Englewood . D c . Resolutions and Motions . - .!} ~<.I i. Re commendation from the Municipal Court to adopt a resolution re-appointing {I 01\1..At>~ J. Louis Parkinson as Associate Judge . STAFF SOURCE: Tamara Wolfe, Court l.O Administrator. 11. Regular Agenda . • a. b. C. Ap~f Ordinances on First Reading. Approval of Ordinances o n Second Rea ding. ReZo~ and Motions. -fr / 12. General Discussion . a. Mayor's Choice. Council Members' Choice . i. Appointment to fill a vacancy on the Elati Street Development Review Committee. Please note: If you have a cilability ud need llllliliary • or HmCel, please notify the City of Englewood (303-762-2405) at lull 41 houn in advance of when aemces are needed. Thank you . • I • 0 - • • --------:;--------:--------~·---------~------• • -' Englewood City Council Agenda December 17, 2001 Page 3 • 13 . City Manager's Report. 14. City Attorney's Report. Adjournment The following minutes were transmitted to City Council between November 30 -December 13 , 2001: Englewood Liquor Licensing Authority meeting of November 7, 2001 Englewood Planning and Zoning Commission meeting of November 20 , 2001 Englewood Public Library Board meeting of December 11, 2001 l'INle note: If you have a disability and need aaniliary aids or services, please notify the City of Englewood (303-162·2405) at least 48 houn in ad¥ance of when temCft are needed. T1unli you . I • 0 2X • , .... • - I {Ju ~ ~ -1:J-~ pM__ d 0. PJdg,e ---- 'f. Km_ {!_df_ __ ~-~ • • -. • • • - • • I . 0 • • ' . • . - . . . 0 I (~~--c/f M~ i1!D tJJ ~ • I . 0 •