HomeMy WebLinkAbout1995-08-07 (Regular) Meeting Agenda-
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REGULAR CITY COUNCIL MTG
'AUGUST 7, 199S
RESOLUTION I S7, SB, S9, 60, 61, 62, 63, 64, 6S
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ENGLEWOOD CITY COUNCIL
ENGLE.WOOD, ARAPAHOE COUNTY, COLORADO
Replar Seaioll
Allpll 7, 1995
I . Call to Onler
The regular meeting of the Englewood City Council was called to order by Mayor Bums al 7:38 p.m.
2. Jawcatioll
The iDVOCllioa was given by Council Member Wiggins .
3. PWae fll Allepuce
'111c PledF., Allcgiancc -led by Mayoc Buras.
4. RallCall
Present:
Absent:
A quorum was present.
Council Members Halbawly, Waldman, Wiggins, Habenicht.
Vormittag. Waggoner, Burns
None
Also present : City Manager Clark
City Attorney erouman
Assistant to the City Manager Grace
City Clerk Ellis
S. MIMta
Planning Adminiltndor Still
Director Elterly, Public Works
Director Giyglcwicz. Fiuncial ScrviClCI
(a) COUNCILMDDEllBATIL\WAYMOVU,ANDRWASUCONDD,TO
APPROVE THE MINIJTES or nR REGULAll MUTING or JQLY 17, 1"5. Ayes: Council Memllell Hadlnlly, Vormiaa&, w--.111111 ·t
w...-.w.s-.eur.
Nays : None
Motion carried .
There were no scheduled visitors.
(a) Peter Scott. Attorney for Fflllll Ranae PllliJII, 4SOO Soudl ~ OOID : e d •
Agenda Item 11 (a) (i) wbicb deals widl die ... ol u CXCNIM ~ -fll a pillllic ripl+
-yon Stanford . He Slated Fflllll Ranae is oppoed to t11i1 ~ bcauac dlcy IIIDII ~ to dlll ...
to get cranes in to lift equipment oato tbcir roafwllCII dlcy resurface die rvofor ...-ud aaiaalia die
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E•&lewood City Council
Aupll 7, 1995
Patel
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cleansing. scrubbing and cooling units n:quired for their metal finishing business . Mr. Scott advised that
if they cannot access the building on Stanford, in addition to hindering regular maintenance of the
building. there is a risk of spilling pollutants and contaminants into the atmosphere. As it is proposed. he
noted, Windsor Industries would have the right to fence and block off access and prevent the service of the
roof units. He pointed out that originally the City considered vacating this particular right-<if-way, which
would still permit Front Range access to a 20 foot strip that would revert back to them. Apparently, he
commented, Public Works decided that there was a possibility that Front Range would not sell that portion
of the right-of-way to Windsor Industries. He noted that the City, rather than allow that to happen,
elected to grant a temporary, private casement for that right-of-way. Mr. Scott questioned whether
Council has the authority , by Statute, to grant an casement or otherwise lease a street or alleyway under
CRS § 31-15-702 (I) (a) (I).
(b) Tom Francis, President of Windsor Industries, stated they n:qucsted that the City vacate
the street., Stanford, which ends in a cul-de-sac to the cast. Mr. Francis explained that Windsor Industries
owns buildings on both sides of Stanford, using the building on the south for training purposes . He cited
problems associaled with the fact that the street ends in a cul-de-sac , i.e. inability to landscape, traffic
entering the area and turning around as they discover the dead-end . He explained that Windsor Industries
has asked the City to vacalc that 8IQ with the idea that Windsor Industries would purchase from Front
Range Plating their half of the street., however Front Range declined to do that . Consequently , Mr.
Francis stated their n:quest is to lease the strcct from the City which provides income and reduces
maintenance cost to the City and, in the event Windsor moves, the City will still have street. In
addressing previous comments made by Mr. Scott, Mr. Francis pointed out that whcncvcr cranes have
appeared to service the roof units at Front Range Plating they have always been situated cast of their
building on Windsor property . He noted Windsor has never given them any problem over that situation .
(c) Tish Beauford, Presidcnl of the Englewood Junior Chamber of Commerce (Jaycees),
advised that they are sponsoring the Canon and Barnes Cirais on August 12, 1995 at Stapleton Airport.
She thanked Mayor Bums for the Proclamation proclaiming August 12, 1995 as Circus Day in Englewood
and encouraged everyone to attend.
(d) Pete Mccrsman, Executive Director of the Colorado Restaurant Association, addressed
Council regarding Agenda Item 11 (a) (ii). He stated he is speaking on behalf of the Association's
Englewood membership and in the name of good public policy. Mr. Mccrsman commented that this
proposal is ill advised and will place burdensome restrictions on a lot of people. He stated that a better
way to handle the situation is to suspend, revoke or deny renewal to those licensees that are causing
problems, rather than subjecting all cstablishmcou to this proposcd ordinance. Mr. Mccrsman noted thal
Section A of the proposed ordinance is ahcady in the State Liquor Code and cnfon:eablc at this time. He
stated he feels Section B is vague and, based on an opinion from the AIIOmcy General's Oll'icc. is
unenforceable . He questioned the wording of Section B, i.e. who has to rq,on. ddinitioll of immediately
and disorderly act . He CIOIIIIIICIIICd that ualcll the lleCtioa is dearly defilled il will be impoaiblc to
illlerpffl. Mr. Mccrsman stated thal IUSpclllion or reYOCation of I liquor licclllc CIIIIIOl occur for
violations of local ordinances . He stated that he and City Attorney ~ bavc clia:ullcd this iauc
and disagree, as Mr . Brotzman argues that Home Ruic cities imy cnf'ORlC thcle types of regulations. Mr .
Mccrsman offered. as an altcmalive, free of cbargc the AalcialioD 'a trainiag amiw oa reaponsiblc
alcohol service . He awed they wdclomc the panici .. tion of the Englewood Police Departaat. Mr.
Mccrsrnan ooncludcd by saying that he worries that this proposed ordinance will cn:aic opportwlitics for
abuse and harusmcnt . He urged Council to take I suong look al the ordinance and wtc apiJlll it.
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(a)
considered.
A proclamation clcclaring August 12 , 1995 as Circus Day in the City of£nalewood-
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Eaalewoocl City Council
Allp117, 1995
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COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO PROCLAIM
AUGUST 12, 1995 AS CIRCUS DAY IN THE CITY or ENGLEWOOD, COLORADO.
Motion carried.
Ayes : Council Members Hathaway, Vormittag. Wigins. Habenicht,
Waggoner, Waldman, Bums
Nays: None
Mayor Bums presented the proclamalioo IO Tish Beauford.
9. Public Hearl•&
COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO OPEN THE PUBUC
BEARING TO RECEIVE CITIZEN INPUT ON THE SOUTH DENVER MEDICAL PLAZA
PLANNED DEVELOPMENT.
Ayes : Council Members Hathaway, Vormittag. Wiggins, Habenicht,
Waggoner, Waldman, Bums
Nays : None
Motion carried and the public hearing opened.
All tatimony was given under oath.
Planning Adminislrator Stitt uted this ii a public hearing for the South Deawr Medical Plaza Planned
Dcvclopmcnl which is a clc\<clopmcllt for a 43,000 .. uare foot medical offiCle building localed in the 3200
block of South Lincoln Slrcel . He IIOICd this matter was broughl before the Planning and 1.oning
Commission and approved in April, 1995 with the condilion thal IWO ima thal WCR DOI raolwcl would
be resolwd before being pcaented to Council for fiaal ClOllliclcralio . TIie .a wcrc thal an agn,cmcnt
be executed between the An:hdiocele of Demer and the cleYeloper for additional parking and thal
adequate pnJCcction be pn,vidod for the City ditcb wbic:b NOi thnJugh the parking lol thaa ii being
deYeloped for this property. Bodi of the --.. bcal raolwd. Mr. Stitt adviaed thal tbe applicanl
and dleir an:bitect are ready IO mab a formal paellllllion.
ID..,._ IO Mayor Burm, Mr. Slitt adviled dllt tbe ...-with tbe Arc:bdiocele ofl>aMr pnwidel
for appn,ximalcly 25 apac111 ill a parkilla lol dllt ii operallld by Saini Louis Churcll. He ....a ii ii a
reciprocal agn,emcnl between the corporalioll clewlapina this medical building and the Arclldiocele ID
thal in tbe C\'Clll tbe Cbwdl niquila addilioall parm11 for dleir filllctiolll in tbe cwaiap CN' OD
wmcnds they can us tbe IIIOdical offiCle buiJdina putillg and the medical buildiDg will 1111M a:aa IO 25
.... during busi-lloun.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO ADOPT STAff
INfORMATION THAT COUNCIL RECEIVED PREVIOUSLY AND THE PLANNING AND
ZONING COMMISSION'S FINDINGS Of FACT.
ID lapODIC IO Mayor Burm, Mr. Slia apllilled dllt die.,._ poad ii_,...., 111111 WIier flDwilla
otftbe silC would lcaYC die lilc al ill liilloric nle ill ill lllldl\11lalllll Wad Wllllld be clellilllll OD tbe
site until ii could flow off. Mr. Stitt added thal this ii a llaadanl 11a1111e111 for IUlface draiaqe.
Council Meinber Hathaway abd if thele are otber areu in the City thaa 1111M t11i1 type of adlce
drainqc. Planning Admillillnlor Stitt llalelll lllal alaolt cwsy •elapmenl 111111 Ila a llip-... of
impermeable surface would me IOmC type of ldelllioa ar ddalioll. ii aipl be Mface • fflllllOp llul
dial ii ll8Ddarcl. Ml. Hadlaway abd if• IIIIM 111111 aay pnllllem willl dlaa. Mr. S1ia ....... • dull
Ille ii aware of.
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Ea&lewood City Council
Allplt 7, 1995
Pases
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Council Member Habcaicht asked Mr. Ladewig for clarification of bis conccrm. She stated she
UDdcnlands he docs DOI object to tbc building ilSclf, that bis conccm is for the alley, i.e. alley drainqc,
..-S of traffic. She asked what his ral concern is and what remedy be ii seeking. Mr. Ladewig lllled
be n:itcralcd Mr. Ranes comments, that the alley is in need of rq,air, the alley is used as a highway, the
alley currently retains its own water whcnc\,:r it rains. He noted with a Macadam puking lot and the
addition or the mcclical building there is going to be more water run off. He Slated that people use lhc
alley instead of Broadway and ttavd al the same ..-S or faster than tbey would along Broadway.
Council Member Habcnicbt concluded that bis c:onccm is that. with Ille addilioll of this medical building,
alley lraflic will incrcuc and will cxaccrbalc the speeding problem. Mr. Ladewig stated these an: bis
concerns.
Couac:il Member Hathaway noted Mr. Ladewig ciommenlOd .. the Plannina and ZolliDa Commission
Public Hearing dial he is coacenied dial the wooden falClC OIi bis .uh pniperty line -.Id he damqed.
As he did DOI mealioa lhis-. lhis CNelling she asked Mr. Ladewig if the iaae 1111 beell RIIOMld.
Mr. Ladewig lllaled that he 1111 beell lOld that the curb line of the puking lac that will be on the IQ1II ead
orlbal property will be a1 lcut me feet away from bis wooden fence . He lllaled the~ haw: been
very coopcraliYc.
Couac:il Member Habcnic:bl askcd that ltafl' llddn:sl the amccms cxprcsscd by Mr. Ranes and Mr.
Ladewig.
Ma,ar Burm l&lled he abo 1111 COIICUIIS aboul the drainqe issue and Ulffic problems iD the alley wbicb
he -.Id like addreaed.
James C. Morgan. Vice Prcsidcnl or Lee An:hileCIS. __. he waated to llddn:sl the-dial baw:
been cxprcacd lhis evening. TIie delention designed rar the property is oa the IIIUthMll portion or the
lluilding ud the clilClulrp is into Eul Floyd A\'CIIUC, DOI into the alley. He noted dlerc is DO -fnim
their dcvclopmenl inlo the acp:eat alleyway. Mr. Morpn ltatod the Planning and ZolliDa C-millioa
1111 cbarpd them with impnwiag die cxistiaa public rigbl-of-way with 1apoct to a11 111c _. CUIIII.
lidcwalb, elC. lqlllelll to the dcvclopmenl for both the buildiDa lite illclf' and Ille ldjlrml pukillg lol
lilc. He ltatod this WU agreed to and accepted M I condition or Ille Planning C-miMioa lflllRWII. '111c
pr.-1 clnclopmcnt. he noted, is wilhin tbc r5idcD&ial llcighl limit which is DOI to_. 35 feet.
Ma,ar Buns ltatod he DOticed on tbc p1an1 dial thae is a....,. poac1 an,a on tbc aordnwal ancr or
die parkillg lot to die wdl or tbc buiJdiDa. Mr. Marpa apologiml llld lllled dlcn ii I portioll ordle
perking lot on tbc -111 side ortbc bui1c1iDa wllae die putu11 lol illelf wiU he llled •die..._ poad
ud IDOlhcr portion in the -ahwal part.
Ma,ar eun. askcd for the loc::aaioa or 1e1ca1c 1or tbc ..._ pCllld oa die -*-part ordle P11ki11
lol. Mr. Morgan ltatod dial doell 911 illlo die alley.
Mayor Bums askcd if be or ltafl' 1111 -.red to dlilenaiac wlllll killd orllmaric ftow dlerc 1111 beell flaa
dlil lilc into die alley or iftbey an: awan: dial die alley a. 11111k Md,....__._ Mr. Marpa ....
dial ii pnably I true ...... M tbc alley ii ill pnlly lad caaditiOll m-11111 llal ......... ii
IUbject to .... to tbc .......
Council Member Wagoaer ltatod dlcn is•-ill die recoe__...ices. Md llc-dlil
pr.-1 clnelopmeal is IUbject to die rea,mm dJCioN, dial Dyl all~ --... he .......
up to City IIIDdanll. He DOied dlen: an: two diffenml typm of coacnte, oae dial ii aade widl cea1111 Md
one ii made with upllalt. Mr. w....., lllled llplialtic CDIICNle ii MIii ii llled ill dial alley m llc
~ 1h11 this -lhal the acQaceal alley will be bnlupl up to Cily llllldanla. Mayor 8una ....
lie 1111 the amc qualioa. Mr. Morpn lllled be .... they .-Id qne IO die...... e t to llrill IP ID
City l1llldanls the portioll alley dial ii~ to their property. COUIICil ..... w.....-..... if it
-.Id be cement c:oacretc . Mr . Morpn ..... it -id prabably be upllalt pi\'UII. Mr . w....., ....
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1.•&lewood City Council
Allp,t 7, 1995 ... ,
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that asphalt jUSI docs not hold up in alleys and noted his personal preference would be for the alley to be
paved with cement concrete.
Kirby Ross , representing 3299 South Lincoln StRet Partnership, noted they have no vehicular access to
the alley way. He staled they recognize the condition of the alley, but that he cannot speak as to whether
they will agree to totally redo the alleyway in concrete.
In response to Mayor Burns, Mr. Morgan stated he feels it is fair to say the alley, all the way through that
block, is in a substandard.state.
Council Member Wiggins suggested, as an alternative, letting the water drain to F1oyd rather than letting
it go to the alley. He asked if that would be more aa:eplable to the clcvelopers than repairing the alley
way, as ii appears the alley is the City's problem. Mr. Morgan stated they would agree to make that
adjUSlment to the drainage plan and connect it back to the detention on Floyd. Mayor Bums asked iftbeR
is enough room next to the building to do that. Mr. Morgan advised that they can hold the detention and
just have controlled disbursement. 11le consensus of Council is that this is acceptable. Mayor Bums
stated that is a good solution. Council Member Hathaway asked if stalJ agrees with this as well .
Planning Administralor Stitt advised that the normal procedure for upgrading an alley or strcc1 is to place
it in a paving district. Conscqucotly, stalJ suggests that at such lime as the cntiR alley needs to be
repaved that it be handled in that manner and that this development not be required to make any
improvements to the alley. Discussion ensued.
Council Member Habenicht asked if any traffic impact studies have been done relative to the intencction
of Floyd and Broadway. Mr. Morpn Slated they wae not required to do a traffic impact study. He noted
they have a total of 141 parting spaces, including the parting ..-,cs they have access to through the
reciprocal parting agreement, which is a fairly minor impact in terms of traffic count on a roadway.
Mayor Bums stated be has woadaed about this as the inlcnection of Floyd and Broadway is an onping
issue. He asked if DiRIClor Eslcrly bad any c:ommcal as to whether this ~lopmcnt will have any impact
OD that intcnection.
Public Works Director Eltcrty ucd tbal wbca this propolCld project went through the review process they
looked at the traffic impacts of it and the traffic that will be generated from this site is minor in relation to
the total traff'ic at that intcncction. C'omequaidy, tbc City did not raquirc any special traffic studics for
this particular development at that localion. Mr. Esterly advised that there arc on-soing studics of that
location.
Council Member Habenicht staled that Mr. EIICrly illdicalcd dial lbcrc is not a significanl impKt 6-
lhis particular proposed clcvdopmeal, llowcYcr ada C CJ illdicalc lbcrc is a sipificaDI pnJblaa M
that location. She asked if, -tJiouah the ~ cle,,eloF : s will aclC sipificaady illlpKI the area,
it could possibly make it a little bit --.c. DiRJCIOf Esterly llared that every devdopmellt dial oa:un
anywhere along the Broadway corridor aiuld be a>asUllcd as impactina this pu1icular illtCncclioa and
that includes projects u far clown as Hipluds Raacla. He iuia«aiNd dial the aapitudc of tbc traffic
generated by this devdopmellt will • llaw a aaliclClllllc i..-:t oa tbc UllcrlDction .
Council Member Hathaway llalcd that POii Office traffic i..-:tS tlill illla'leCtioD and wbca Kina Soopcn
expands their parting lot is will impact thal illleneClioa. She askcd if tbc City has Rquircd them so put
contingency funds into perhaps upgrading the sipal at that intcncction. Ms . Hathaway .. tcd ifwe have
DOI then it seems unrealistic to require this applicans to do IO . Director Esterly llalcd that they have DOI
required anything of King Soopcn as far• upgrading tbal signal, hownel' • they control tbc pn,perty at
tbat iatcncction they arc ClOIIUDittcd to a future acquililion of ript.of-way aJoaa Floyd that will allow for
an addilional lane for :urning DIIMIIICllls • dial location. He added tbal this project does not COllln>I
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Ea&tewood City Council
Aaplt 7, 1995 .• ,
property at that intersection, the City oontrols a lot of it as the City owns a parking lot at that location .
Discussion ensued .
COUNCIL MEMBER DATHA WAY MOVED, AND IT WAS SECONDED, TO CLOSE THE
PUBLIC HEARING.
Ayes: Council Members Hathaway, Vormittag, Wiggins, Habenicht,
Waggoner, Waldman, Burns
Nays : None
Motion carried and the public hearing closed.
In respoD1C 10 Council Member Hathaway, City Attorney Brolzman explained thaa Council will consider
the resolution, approving this Planned Dcvdopmcnt with possible conditions, at the August 21, 199S
regular City Council meeting.
10. CoueatApda
COUNCIL MEMBER WALDMAN REMOVED AGENDA ITEM II (a) (ii) ftOM THE
CONSENT AGENDA.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED. TO APPROVE
CONSENT AGENDA ITEMS 10 (a) (I). (W). (Iv). (Y) u4 (\'I) ON FOIST IIEADINC.
(a) ~ on Fint Reading
(i) CONTRACT Willi S11 MOBD.E COMMUNICATIONS IN TIIE AMOUNT
OF 120,770.20 FOR TIIE RADIO MAINl'ENANCE CONTRACT.
(iii) MOTION EXTENDING TIIE VAN SCHOONEVELD AND CO ., INC .
CONTRACT FOR AUDIT SERVICES FOR TIIE 199S, 1996 AND 1997 AUDIT YEARS.
(iv) CONTRACT Willi WILLIAMS EQUIPMENT (V AC CON) IN TIIE
AMOUNT OF S142,7SO .OO FOR 11fE PUROiASE OF A SEWER LINE a.EANING'VACUUMING
MAOUNE (VACTOR TRUCK).
(v) CONTRACT Willi ROCKY MOUNTAIN DECKS A FLOORS IN 11fE
AMOUNT OP 121,960.00 FOR 11fE REPAIR OF 11fE ENOLEWOOD RECREATION Cl!NTEll
INDOOR RUNNING TRACK SURFACE.
(vi) CONTRACT Willi PRESTIGE POOLS IN TIIE AMOUNT OF S26,l50.00
FOR TIIE REPLACEMEIIIT OF TIIE ENGLEWOOD RECREATION CEN1El SWIMMING POOL
DECK SURFACE.
Votcllealta:
Motion carried.
Ayes : Council Members Hathaway, Vormittq, Wigins, Hallcniclll,
Waggoner, Waldmu, Bums
Nays : None
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10·(a) (ii) Council Member Waldman cxprcucd conccm 1h11 the prupoed
council bill amending sections oC the Code n:latina 10 the investment oC municipal funds allows oae
person, the Din:ctor of Financial Scrvica, 10 invat the City's funds without allllrol .
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Ea&lewood City C1N1ncil
Aaplt7, 1995 ....
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City Manager Clarlt explained that the City bas adoptcd an lnvcslmclll Policy which indic:ata which
instnuncnts arc inwstcd in. He DOtcd Couacil will be reviewing the ~ Policy • die IICXl Study
Session. Overall responsibility for t.bc malmall Policy implcmm«Mioe , lie mled. is die City Manager's
which is delegated to the Director of Financial Scrvica. Mr. Cwt mailllaincd that Council's coacems
will probably be cleared up by taking a look M the lnVCllmcot Policy. Fwtbcrmorc, be staled, tbcrc is
another layer of protection through c:.olorado Stale law which requires all financial institutions to have
any investments, particularly «-r t.bc insured rcquimnents. to be CXJllalcraliud and t.bc City is rcstriClcd
to making investments only in Colorado institutions. He DOtcd the City bas an investment advisor that
provides a quarterly rcpon .
Council Member Habenicht asked if t.bc IIMllmcDt Policy is revicwcd by Council each year and adoptcd
by ordinance or resolution. City Managcr Cwt llaled the Policy is adopted by resolution. Director
Gryglcwicz advised that the cuneot lncstmcnt Policy was adopted in 1993 . Mr. Clark DOtcd that it is
staffs ' RlC:OIIIIIIClldtion that the Policy be adoptcd C\'CIY year by resolution.
Council Member Habcoicht cioncurrcd with Council Member Waldman regarding t.bc 11CX011n&ability issue.
SIie llllled Ille feels it is illlpOl1ant to maintain c:becks and balances and that she might be IIIOle aupportM
if t.bc issue MR to '10IIIC to Council II U ordinance II oppolcd to a resolution.
City Attorney Brotzman Slated that at this time Council does not review the policy C\'Cry year and what
Financial Services is proposing is that Council review this C\'Cry year by resolution, not just when
something changes in the Code. He poiDIOd OUl that the illleDl is to llavc Council review die policy more
often .
Council Member Habcnic:ht stated her concern clocl not inwlw: frequency, but rather the IC\'d of
accountability.
Discussion cmucd.
City Managcr Cwt mggaled Council put this isliUc on bold until Council reviews the entire In~
Policy so they can a,c bow C\'Crytbing fits togctbcr. Discussion cmucd.
Director Gryglcwicz explained that the intent of this proposed council bill is to clarify two CIOllflicting
items. The Codc, be poillled out. bas DOl beell updalcd in some time and t.bc IJMllmenl Policy 1111 beell
reviewed and adopted by Council -times. The propoNd cbangcs will defer to die ._
Policy and directs that it will be reviewed auually ud adopted by rcsolulioll. deal c:larifyills Mliclt is ia
dfett. Mr. Gryglcwicz staled that the City's IIMllmeal Policy is wry exleDIM. 1111 more diecb ud
balances and is mon: cou:nativc &ban Stale law .
City Manager Cwt noted this can be put inlo onliauce form ifeou.:il willles, lllowe\'Cr lllll'fecls t11is
will work much easier for prclCIII and fulurc Coullc:ils ud uff by cloillg is by rcsolutioll .
Discussion ensued.
Council Member Hathaway stated she would lille to -to lablc dais item in lip& "'the 6ict tbll
Council bas not rcvicwcd the IIM:llmellt Policy. Mayor Bums ap.s with Ms. Hadlaway.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO TAaU
CONSENT AGENDA ITEM 10 (a) (II)· COUNCIL BILL NO. a TO THE AUGUST 21, 1"5
CITY COUNCIL MEETING.
Ayes :
Nays:
Council Members Hathaway. Vormittag, Habcnicbt. Waaoc-.
Waldman. Bums
Council Member Wigins
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Motion carried.
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COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (b) (I) THROUGH (vii) ON SECOND READING.
(b) Approve on Second Reading
(i) ORDINANCE NO. 36, SERIES OF 1995 (COUNCIL BILL NO . 35),
INTRODUCED BY COUNCIL MEMBER HAlllAWAY
AN ORDINANCE APPROVING SUPPLEMENT NO. 126 TOTIIE SOlTillGATE SANITATION
DISTRICT'S CONNECTOR'S AGREEMENT WI11{ TIIE CITY OF ENGLEWOOD, COLORADO
FOR TIIE INCLUSION OF LAND WI11{IN THEIR DISTRICT BOUNDARIES .
(ii) ORDINANCE NO . 37 , SERIES OF 1995 (COUNCIL BILL NO . 39),
INTRODUCED BY COUNCIL MEMBER HAlllA WAY
AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF TIIE CITY OF
ENGLEWOOD AT 1llE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION PROPOSED
AMENDMENTS TO 1llE CHARTER OF TIIE CITY OF ENGLEWOOD , COLORADO REGARDING
FINANCE ADMINISTRATION
(iii) ORDINANCE NO. 31, SERIES OF 1995 (COUNCIL BILL NO. 40),
INTRODUCED BY COUNCIL MEMBER WAGGONER
AN ORDINANCE SUBMITTING TO A VOTE OF 11IE REGISTERED ELECTORS OF 11IE STATE
OF COLORADO WHO ARE OWNERS OF PROPERTY Wl11iIN OR RESIDENTS OF CONCRETE
REPLACEMENT DIS11UCT 1995 OF 11IE CITY OF ENGLEWOOD AT 11IE NEXT SCHEDULED
GENERAL MUNICIPAL ELECTION A QUESTION AIJllfORlZING 11IE ISSUANCE OF DEBT TO
PAY FOR TIIE IMPROVEMENTS .
(iv) ORDINANCE NO. 39, SERIES OF 1995 (COUNCIL Blll.. NO. 41),
INTRODUCED BY COUNCIL MEMBER HABENICHT
AN ORDINANCE SUBMITTING TO A VOTE OF 11IE REGIS'IBUID ELECTORS OF 11IE CITY OF
ENGLEWOOD AT 1llE NEXT GENERAL MUNICIPAL ELECTION A QUESTION RELATING TO
11IE ISSUANCE OF BONDS AND A1.111iOR1ZATION FOR A PROPERTY TAX INCREASE TO PAY
FOR TIIE PROPOSED IMPROVEMENTS TO 11IE COMMUNICATIONS FACILITY AT 111E
SAFETY SERVICES COMPLEX AND TIIE PURCHASE OF COMMUNICATIONS EQUIPMEHI'.
(V) ORDINANCE NO. 40, SERIES OF 1995 (COUNCIL BILL NO . 42),
INTRODUCED BY COUNCIL MEMBER HA 1llA WAY
AN ORDINANCE SUBMITTING TO A VOTE OF 11IE REGISTERED ELECTORS OF 11iE CITY OF
ENGLEWOOD AT 1llE NEXT GENERAL MUNICIPAL ELECTION A QUESTION RELATING TO
11IE ISSUANCE OF BONDS AND A1.111iOR1ZATION OF A PROPERTY TAX INCREASE TO PAY
FOR TIIE PURCHASE OF FIRE EQUIPMENT.
(vi) ORDINANCE NO. 41, SERIES OF 1995 (COUNCIL Blll.. NO. 45),
INTRODUCED BY COUNCIL MEMBER HAlllA WAY
AN ORDINAN CE AMENDING THE WASTEWATER UTILITY ORDINANCE TITLE 12, CHAPTER
2, SECTION 7, OF 1llE ENGLEWOOD MUNICIPAL CODE 1915 PERTAINING TO DAILY
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MAXIMUM ALLOW ABLE INDUSTRIAL LOADING OF POUNDS PER DAY FOR POLLUTANTS
AT nm LITll.ETON/ENGLEWOOD WASTEWATER lREAlMENT PLANT .
(vii) ORDINANCE NO. 42, SERIES OF 1995 (COUNCIL BILL NO . 47),
INTRODUCED BY COUNCIL MEMBER HATHAWAY
AN ORDINANCE AlITHORIZING A LICENSE AGREEMENT BETWEEN HE HUDSON
· FOUNDATION AND nm CITY OF ENGLEWOOD, COLORADO FOR A DIVERSION GATE
STRUCTURE AND PIPE TO BE PLACED ON THE CITY DITCH .
Vote raults:
Motion carried.
Ayes : Council Members Hathaway, Vonnittag. Wiggins. Habenicht,
Waggoner, Waldman, Bums
Nays : None
11 . Ordlauca, llaolutioa1 ud Metioal
(a) Approve on First Reading
(i) Director Eslcrly presented a recommendation from the Depanment of Public
Works to adopt a bill for an ordinana: authorizing the City to enter into a lease agreement with Windsor
Industries for their use of a tract of land held by the City as right-of-way for Stanford Avenue . He
explained that this proposal was initiated by Community Development as an economic development issue .
~ the last eight years, he noted, Windsor has assembled parcels of property as its operations have
continued to expand . Mr. Eslerly stated that lease of the right-of-way will provide increased security and
allow more cft"acicnt use of available land for parking and landscaping. He stated it is unlikely that
Stanford will be extended contillUOlllly to the cast as tbcrc arc significant grade prublcml in addition to
the City clileb being there. He noted the advantqc to the City in providing a long term leuc is that if
Windsor decides to disassemble the property the City would llill have the public right-of-way to acne all
the pan:ds that would then cxisl again. Staff'bdicvcs they have DCll)Cialed a fair leuc pnJpOIIII with
Windsor Industries and recommcDd that Council appnwe the lcasc.
Council Member Hathaway asked City Attorney Brotzman if approval of this leuc can be made
contingcn& on a signed agRCIIICnt between Windsor and Fron& Range Plating for Front Ran,e to have
aa:as to that property . City Attorney Brotzman stated the only parties to the leuc are the Cicy and
Windsor as the City owns that property.
Director Eslcrly pointed OUl that Item No. s of the lcalc, wbic:11 ..... MRigllll of GrllllDr" .....
the City of Englewood Mrcscrves the full right to the undilhulled owncnhip, use and oa:upucy of die
Easement Property insofar as said ownership, use, and occupancy is comislcal with and docl • impair
the rights granted to Gnntcc." Furthcrmorc. he stated. it says that if we ID ia tbcrc ud dilbllb uydlillg
it is Windsor Industries ' responsibility to pay for any damage that is done .
Council Member Hathaway stated that she is asking. if Fron& Range needs the ac:as and CUIIOI .. die
access because the City has granted this agreement to Windsor Industries, who has to cnron:e it. City
Attorney Brotzman advised that the City must provide cnfon:emcnl . Council Mcmhcn Wagoner and
Hathaway stated that they feel the City lhoulcl have this ill writing.
City Manager Clark stated the City retains mmc C8ICmcnll in the agrccmcnt ud asked if an cuemcn& can
be retained for Front Range to aa:css the property.
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Council Member Waggoner staled Fronl Range has indicaled Ibey need 10 get lhrough on the east side of
the building, which is Windsor property. He suggested both panics get together and provide an access
lease prior 10 Council approval .
City Manager Clark staled wc cannot force Windsor to granl an casemenl to Front Range.
Council Member Hathaway Slaled that Windsor Industries has indicated they do not have a problem wilh
Front Range accessing their property for purposes of building and equipment maintenance. She staled she
would like to see ii in writing.
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO TABLE AGENDA
ITEM I l(a) (i) -COUNCIL BILL NO. 44 UNTIL SUCH TIME AS WINDSOR INDUSTRIES AND
FRONT RANGE PLATING CAN GET TOGETHER AND REACH AN AGREEMENT FOR
PUBLICUSL
Mayor Bums Slated he will abstain from voting as he realized as he m,icwcc1 this thal he rq,rescnled a
private client in about 1988 or 1989 that sold the building to Windsor ladusuics and his client supplied a
oonsidcrable pan of the campus for the oompany.
Motion carried.
Ayes :
Nays:
Abstain :
Council Members Hathaway, Vonnittag, Habenicht, Waggoner,
Waldman
Council Member Wiggins
Mayor Bums
(ii) Director Gryglcwicz presented a m:ommcnclation from the Department of
Financial Services to adopt a bill for an ordinance amending the Liquor Licensing Authority section of the
Englewood Municipal Code relating to oonduct of liquor establishments by adding Section 12 to Title 5,
Chapter JA. He explained lhat Section 12, paragraph A addJCSSCS the conduct of the licmsed
establishment and mirrors State Statute. Section 12, paragraph B sets forth the n,quiranents for rcponillg
of any unlawful or disorderly act and Section 12, paragraph C establishes the penalty for violatiou al
these sections.
ln response to Council Member Hathaway, City Attorney Brotzman oonfirmcd that paragraph A is the
State Liquor Code. paragraph B is not in the State Liquor Code . He explained lhat paragraph B basically
requires a phone call to the police dcpanmcat if tbere is a bar fight. Mr. Brotzman DOied that IIIOll oC the
liquor licensees call the police. i-. the City bas bad two iacideals were bar fipll mowed out into the
ltrCet and the police were not called. Boda caacs came bd'orc the Liquor Liccming Authority and because
wc did not have Ibis requirement in our CIOdc we -_.... reslrictcd.
Council Member Hathaway asked. in answer to Mr . Mccrsman'squcstion, whether Home Rule cities can
enforce diffCICIII llandarm al State rcgulatioas as puqnpla Band C aR Englcll100d '1 modificalioe altlic
Liquor codc. City Attorney Brotzman llated Englewood is a Hmm Ruic lllllllicipalily and Ille Aaonicy
Gcncral 's opinion, which is included in Council's i-:kct. is in lapolllC to a llahllOly city. He coafinmd
that as a Home Ruic municipality we can enact lqislalion in this an:a as Denver, Littldoo, WCllmiallcr
and Aurora already have. He Slaled the language in paragraph B and C mirrors the lanpqc in aU al the
municipalities Iha! have adopted lhcse restrictions. Mr. Brotzman stated that tbere is no criminal penally
under paragraph C. He explained that police calls aR DOI held agaillll the IKlCl*C at the time al n:ncwal ,
bul, if lhcy do not call in a liquor violation. that is held agaillll the liccnlcc.
Council Member Hathaway staled that Mr. Mcersman also mentioned the wording in paragraph B and she
agreed wilh his oonccms. Specifically, she poinled out that u the paragraph reads -it appears that
two people have 10 make the rcpon .
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Council Member Waldman questioned the reporting time frame and asked if the paragraph aJUld be
amended to change Msball immediately repon" to Msball repon within 48 bows" or Mwithin 24 bows."
City Attorney Brotzman stated that the intent is that if the~ is a bar fight and the bar owner rightfully
puts the lighters out in the street we want an immediate phone call to the police depanment in order to
have the police break up the fight. This is trying to prevent simply moving the fight out into the street
and closing the doors. Council Member Waldman questioned, gelling back to Mr. Mccrsman's
comments, what constitutes disorderly conduct . City Attorney Brotzman advised that paragraph A
add=sthat.
The Clerk was asked to ~ Council Bill No. 46 by title :
COUNCIL BILL NO . 46, INTRODUCED BY COUNCIL MEMBER HATHAWAY
A BILL FOR AN ORDINANCE AMENDING 'ITl1.E 5, CHAPTER 3A, OF 11IB ENGLEWOOD
MUNICIPAL CODE BY ADDING A NEW SECTION 12 , DISORDERLY BEHAVIOR; REPORT BY
LICENSEE PERTAINING TO LIQUOR LICENSING AUTHORITY FOR 11IB CITY OF
ENGLEWOOD . COLORADO .
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO. 46.
COUNCIL MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED, TO AMEND
PARAGRAPH B TO READ .. ANY LICENSEE, OR ANY MANAGER OR AGENT OR
EMPLOYEE OF A LICENSEE, SHALL IMMEDIATELY REPORT TO THE POLICE
DEPARTMENT ANY UNLAWFUL OR DISORDERLY ACT OR CONDUCT AS SPECIFIED IN
PARAGRAPH A ABOVE COMMI1TED ON THE LICENSED PREMISES."
Council Member Habenicht commenlcd that if she owned a bar and .,._ IIIICld profane language she
a,uld ask that person to quit using profane language and it •• then then: is not problem. She poilllcd
out that because the way this proposed ordinance is wonlcd because then: bas been an offense the lic::ensee
would be obliged to call in the n:port of profane language. Ms. Habenicht llalcd she feels this places an
undue burden on the licensee. She noted the concern seems to be when the disorderly conduct goes
outside of the p~mise and she requested that Mr. Brotzman come up with the appropriate wording that
would alleviate the licensee of this undue burden.
voee raulu OIi ameadmeat:
Ayes :
Nays :
Motion carried.
Council Members Hathaway , Wiggins, Habenicht, Waggoner,
Waldman, Burns
Council Member Vormittag
Council Member Waldman staled that his biggest a,nccm with this proposed ordinance is if City cloa DOI
grant a liquor license what authority do we have to suspend or revoke. Council Member Hathaway
explained that the City 's Liquor Licensing Authority bas the authority to do the lilllpClllion or rcvocalion .
City Anorney Brotzman staled that the Liquor Licensing Authority bas the power to issue, IUlpCnd and
revoke liquor licenses currently.
Council Member Wiggins, addressing Council Member Waldman's concern regarding the rq,orung
period, advised that the phrase to n:port Mimmcdialcly" is IIICd under the StalUle paning llllltOr ~
accidents. He explained that immediately means within a reasonable time period which is all they can ask
for .
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Council Member Habenicht staled that she fully supports the intent of this ordinance, but al the same time
she feels very uncomfonable as this seems like an unnecessary burden on the licensee because of the fact
we are trying lo take care of things outside the licensed premises . She feels this obligates them within the
premises which could open them to all sorts of harassment by an unsatisfied customer, etc. If the
language of the ordinance reflected the i tent, she stated, it would be much easier to suppon and she felt
the Restaurant Association would probably suppon that as well .
Lengthy discussion ensued and City Attorney Brotzman clarified the intent of the proposed ordinance.
Vote raults on Council Bill No. 46 u ameaded:
Ayes : Council Members Hathaway, Wiggins, Waggoner, Waldman, Burns
Nays : Council Members Vormittag, Habenicht
Motion carried.
(iii) City Manager Clark and City Attorney Brotzman presented a l'CClOIIIIIICII
from the City Attorney to adopt a bill for an ordinance submitting to a VOie of the registered electors of
Englewood • proposed Chaner Revision on CaRier Service Sys1em. City Attorney Bl'OIZIIWI explained
that this adopts the full implementation of• bearing officer ra&her than 1111 ad boc commiuee. City
Manager Clark advised that this incorporates all of the Career Service Board l'CIXIIIIIIICII.
The Clerk was asked to read Council Bill No. 31 by title :
COUNCIL BILL NO . 31, INTRODUCED BY COUNCIL MEMBER HATHAWAY
A BILL FOR AN ORDINANCE SUBMllTING TO A vore OF l1IE REGISTERED ELECTORS OF
l1IE CITY OF ENGLEWOOD AT 11fE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION
PROPOSED AMENDMENTS TO 11fE CHARTER OF 11fE CITY OF ENGLEWOOD, COLORADO
REGARDING 11fE ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYS11!M
ACT DEFINITIONS, BARGAINING RIGKl'S, SUBJECTS FOR COLLl!C11VE BARGAINING,
IMPASSE RESOLlJl'ION, l1IE CAREER SERVICE SYS'll!M, CAREER SERVICE BOARD, DlTl1ES
AND POWERS OF 11fE CAREER SERVICE BOARD AND EfFEC11VE DA'JE-VES11!D IUGKJ'S
UNDER l1IE CAREER SERVICE SYS-raM TO PROVIDE FOR A BINDING ARBl11lATION
PROCESS .
COUNCIL MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (Ill) • COUNCIL BILL NO. JI.
Ayes : Council Members Hadiany, Vonnittag. Wigim, Habcnidll.
Waggoner, Waldman, Bums
Nays : None
Motion carried.
(iv) City Attorney Brotzman presenled • recommendation to adopt a bill for u
ordinance prohibiting jury trials for juveniles in Municipal Coun. He explained that cunallly llllder Ille
general penalties of the City juveniles may nae be lelllellced to jail. As they may nae be lallcllCed to jlil
he recommended that the trial by jury also be eliminated.
Mayor Bums questioned whether this JIISICS constitutional IIIUSler. Mr . BRIUIIIIII -. bim ii does.
The City Clerk was asked 10 read Council Bill No. 43 by title :
COUNCIL BILL NO . 43, INTRODUCED BY COUNCIL MEMBER WIGGINS
A BILL FOR AN ORDINANCE AMENDING 1Tl1..E I, CHAP1cR 4, SECTION I, BY ADDINO A
NEW SUBSECTION C, ENTITLED TRIAL BY JURY FOR JUVENILES.
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COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (a) (iv) -COUNCIL BILL NO. 43.
Ayes: Council Members Hathaway, Vonnittag. Wiggins, Habenicht,
Waggoner, Waldman, Bums
Nays : None
Motion carried.
(b) Approve on Second Reading
There were no additional items submitted for approval on second reading. (Sec Agenda Item 10 -Consent
Agenda.)
12 . Gaieral DilCUIINIII
(a) Mayor's Choice
I . Mayor Bums IWCld that we did DOI receive. in the Senate version of the budget. the light rail
funding ffllllCSC of S 15 million. The S 15 million included S6 million for final plannina and specifiallioos.
S7 million for right-of-way acquisitions and $2 million for the Cinderdla Cily ~ He llaled
this project is far from dead and there may be odlcr sources of funding. He aatcd the Natiooal Highway
System Bill is still alive and will be put to bed in September and that am authorize new IIW1I for the
legislation.
2. Mayor Bums Slated that he was able to panicipate in National Night Out. visited several places
and found it to be an excellent experience.
3. Mayor Bums advised that he was at Ted's Cuslom Tailor's on Saturday and was told that there
was a break-in at the store next to his. The burglan bad cut the window out. He understands three or
four places were hit at the same time along Broadway ud that this happens a lot. He ukcd for
information on the police pallOls in 111111 ara and 1low the poliClc dcputmcnt coordinates with the burglar
alarm systems as this seems to be a CIOllllalll thrc:al to the businesses along Broadway.
(b) Council Member's Choice
(i) Council Member Ha&baway, reporting as a member of the DRCOG Board of
Directors. reported that Eric is RlqUClling that we allow diem • 20I Permit for cxpauion of their -
treatment plant. She advised that Council may receive calls from Eric aiuncil members relative to this
request . Ms. Hathaway advised that there ii kind of a _. of the DRCOG Board that since Eric has
historically shown that they CIIIIIIOC a,mply with their dilCbarp permit rqpalations that maybe it ii DOI al
this time an astute move to allow them to expud their plant. SIie lllled tllal • this lime sbc will be
voting no to their expansion request .
(ii) Council Member Wiggins:
I . He asked that Council Member Habenicht clarify her E-Mail mcuagc that uked if we liked the
walls/Dartmouth decorations . She confirmed that this ii the low rile, the cin:ular half-that ps up
on the west side. Mr. Wiggins asked what control the Cicy has over the Highway Dcpartmcnt.
Mayor Burns advised that this issue came up at the Tri-Cities moctilla ... week and Director Ellerly
advised that thOIC arc modular and am be lifted out. Mr. Bums uked Council Member Habeniclll if the
next step ii to approach the Highway Dcpa,tmcnt.
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Council Member Habenicht said yes, but noted they intend to look at the original drawings to see how that
tracks with what was presented. She advised that most of the Linlcton City Council members arc not
happy with it.
Mayor Bums said it was probably an honest anempt to make the wall look better, but be agrees it is pretty
strange.
Council Member Wiggins asked that Council receive copies of the original plan for comparison.
Council Member Habenicht agn:cd and added that that is what they asked for at the Tri-Cities meeting.
Council Member Hathaway commented that that panicular design does son of panem the clam shell
design that exists in the Downtown Development Authority area . She stated that, granted, it is not a
perfect representation of it. but it does pattern it and maybe that is what they had in mind.
Council Member Habenicht explained that it was suppose to be something to break up the monotony of
what was considered an ugly wall and this was the solution. She stated that she was looking for some feed
back with her E-Mail message.
Discussion ensued.
2. Mr. Wiggins advised that there is a weed problem at the private lot at the northeast comer of
Huron and Belleview. which occurs annually. Also, he noted there arc weeds at the southeast comer of
Hickory and Prentice.
3. He asked if Sooth Suburban pulled a pcnnit for the concrete wort along the sidewalk on the west
side of Sooth Suburban, adjacent to Windermere and if they will be complying with City concrete
requirements.
4 . He stated the sprinklers at Belleview Park need to be adjusted as there arc -dry spotS and he
advised be has talked to Chris Korba about this and be will take care of it.
(iii) Mayor Bums asked if they ever got an answer on the landscaping issue at
Windermere and Belleview outside the fences for the ball field . He stated they mowed it, but it is a mess
and he asked if there is any plan to landscape the area.
Council Member Wiggins stated be has plans and he offered to bring them in.
Discussion ensued.
(iv) Council Member Waggoner:
I . He ltlted at National Night Out he rcccived three complaints that he wanted to pus along . He
was told the street by Julia Temple. at Girard and Lafayette, never gets swept . He was advised that pc:oplc
arc still turning left at the illlenCCtinn of Broadway and Floyd and they aagesled directional arrows on
the pavement or at least some good cnfora:ment. Also. several pc:oplc complained about the lack of
visibility of patrol officers in northeast Englewood. as they do not ICC off"iccrs in lhal uea very often.
2. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, THAT
COUNCIL SUPPORT THE PARADE ASSOCIATION IN THEIR EFl'ORTS TO SPONSOR THE
HOLIDAY PARADE IN ENGLEWOOD BY CONTRIBUTING SOME IN-KIND SERVICES TO
THE EXTENT OUTLINED BY THE CITY MANAGER AND BY CONTRIBUTING MA TCBING
CONTRIBUTIONS NOT TO EXCEED Sl,000.
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Council Member Wiggins DOied Council's Aid to Other Agencies Budget is $300 in the hole . He ukcd
where the funds will come from .
Mayor Bums stated be felt the motion should be made subject to availability of funds.
Council Member Wiggins swcd it looks like the Parade Association is going to be able to raise the funds
and with what they have it appears they may come very close to what they want.
Council Member Waggoner Slated he will leave his motion as stated.
Council Member Wiggins stated he will vote for the first part of the motion, but not to give them any
more money as they have enough in-kind services, well over $5,600.
Mayor Bums asked if Council Member Waggoner will be willing to split his motion to vote first on
supporting the Parade Association and then second on the money . Council Member Waggoner reiterated
that be wanted to vote on the motion as stated.
Veteraulll:
Ayes : Council Members Vorrnittag, Habenicht. Waggoner, Waldman
Nays : Council Members Hathaway, Wiggins, Bums
Motion carried.
Mayor Bums Slated that the only reason he voted against it is because they do not know where the money
is corning from and he did DOI feel comfortable doing that . He DOied he certainly supports the parade.
Council Members Wiggins and Hathaway concurred with Mayor Bums comment.
(v) Council Member Waldman :
I . He advised that there is a malfunctioning light al Pcnnwood Circle and Bellewood Drive .
2. He llatcd that be spoke at length with the block captain for the lla:lioll of South Parl Street
located OD the CUI side ofl>wic:aD Park, reprding the opcaiDg of the l'ClllOOm al J>wicaa Put. He
advised that previously be has discussed this issue with residents OD South Pcnasylvania Street. The
concerns voiced to Mr . Waldman by the residents involve lighting ia the park. problems with the
condition of the restrooms and the unattractive appcaraace of the lelllpOl'lly pon+potties. Mr. Waldmaa
suggested placing a wood camouflage around the pon+ponies rather than uying to INlpCII the
restrooms .
Council Member Habenicht stated that the area in question was one of her neighborhood watch stops and
she has discussed the problems with the residents there . She related that some of the improvements in
lighting have been done and she understands that. although some of the lighting projects lake a little bit of
time, they will be accomplished .
Mayor Bums requested a funher repon on whal's going on there and whal the plans arc.
3. He related that he discussed the incident al the Englewood Golf Courie relating to an alleged
liquor violation with the president of the men 's club. Mr. Waldman said that. if Council has further
discussions on the matter. he would like to receive input from persons who were pn:1Cnt duriaa the
incident so that all points of view will be heard.
4. He received two messages on his answering machine from a woman requesting be call
Representative Dan Schaefer about an issue about which be had no knowledge . He ukcd about the
appropriate response to this type of request .
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Couik:il Member Hathaway said she feels the response is the personal choice of the Council Member.
Council Member Habenicht Slated that she, too, received a call from this group and was able to make
~ phone calls, after which she determined this was not a municipal issue .
5 . He asked about the SlalUS of the Home Lumber propcny .
Mr. Clark Slated that he will find out when the appraisal on the property is due .
(vi) Council Member Waggoner :
1. He thanked staff for looking at signal policy, noting that some of the lights will be Oashing much
earlier.
2. He noted repair of the dam is slow and he expiascd his desire that the work be speeded up.
13 . City Muqer'1 Report
(a) City Manager Clark discussed Cinderella City. He said that all substantive issues have
been agreed to by Equitable and the City except for the environmental cleanup responsibility . Equitable's
engineering department has prepared preliminary alSl estimates, which the City received today. They will
not yet be released publicly . Miller-Kitchell has asked Mr. Clark to be a go-between in negotiations with
Equitable. He related that the purchase and sale agreement whereby Equitable deeds the shopping center
to the City is being reviewed by Equitable. He said that he and Mayor Bums are scheduled to meet with
Mercantile's corporate officers on August 22 , 1995 in Cincinnati. He said he has nothing new to rq,ort
with regard to Montgomery Wards .
(b) City Manager Clark rcquesaed Council approve Mayor Bums' accompanying him to
Cincinnati on AugUSI 22nd.
Discussion ensued regarding the DCICCllity of Council's voting on cxpeaditura al dais type wllaa the fundl
are not being taken from Council's budget.
COUNCIL MI.MBI.R VORMl1TAG MOVED, AND IT WAS SI.CONDI.D, TO AUTHORIZE
MAYOR BURNS TO ACCOMPANY CITY MANAGER CLARK TO TRAVEL TO CINCINNATI
TO Ml.ET WITH RI.PRl.51.NTATIVI.S FROM MERCANTIi.i..
Ayes: Council Members Halhaway, Vormittag, Wiggins. Habenicht.
Waggoner, Waldman, Bums
Nays : None
Motion carried.
(c) City Manager Clark rccommendcd that Council go into Executive Seaion immcdialdy
following the City Council meeting to discuss a penonnel matter.
COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO CO INTO
I.XI.CUTIVI. SESSION IMMI.DIATI.LY FOLLOWING THE COUNCIL MEETING TO
DISCUSS A PI.RSONNI.L MATTER.
Motion carried .
Ayes : Council Members Halhaway, Vormittag, Wigins. Habenicht,
Wagoner, Waldman, Bums
Nays : None
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Easlewood City Council
Aapat 7, 1995
hat 11
14 . City Attoniey'1 Report
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City Attorney Brotzman did DOC ha~ any maaers IO bring before Council .
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MAYOR aURNs MOVED TO ADJOURN . The 8*tiaa ..,_. at 9 :50 p.m .
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Date
August 7, 1995
INITIATED BY
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COUNCIL COMMUNICATION
Agenda Item
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STAFF SOURCE
Subject
Lease with Windsor Industries
Department of Public Works Charles Esterly, Director of Public Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
There has been no previous City Council action on this topic.
RECOMMENDED ACTION
Enter into a lease agreement with Windsor Industries for their use of a tract of land held by the City as right-of-way
for Stanford Avenue . Staff has no objection to the proposed lease.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Windsor Industries is a large manufacturing company in Englewood with over 200 employees. Over the last 8
years , Windsor has assembled parcels of property as its operations have continued to expand. Its objective in
securing the control of use of the right-of-way on Stanford is to create a ·campus· setting between its main office
complex on the north side of Stanford , and its newly completed "Excellence Training Center" on the south side.
Lease of the right-of-way will provide increased security and allow more efficient use of available land for parking
and landscaping . Stanford ends at a cul d'sac on the east side of Windsor's campus. The existence of the City
Ditch on the east side of the campus and a severe grade differential make it unlikely that Stanford will be extended
continuously to the east.
Windsor originally requested the vacation of Stanford Avenue right-of-way, east of Navajo and adjacent to its
properties. Under that scenario, a portion of the Stanford right-of-way would nMlrt to Front Range Plating along
the south side. Our suggestion was that Windsor could then pun:hale this,_ estate form Front Range. In
investigating the opportunity to secure the right-of-way once vacated, Windsor and City staff believe Front Range
would not be in favor of selling that portion of the right-of-way back to Windsor. This may be due to past
disagreements rather than the actual physical impact that the transfer would have on its property . This portion of
Stanford Avenue has not been constructed to paving district standards . Front Range Plating currently has one
access door on the north side of their building . Their building is 10.2 feet from the right-of-way . For many years,
parking has been restricted along much of this area due to conflicts with Windsor loading docks along the north
side of Stanford and the less than normal right-of-way here .
In an effort to accommodate Windsor's needs, staff suggested leasing the Stanford right-of-way to Windsor. The
advantage to the City in providing a long term lease vs . vacating the right-of-way altogether is that if Windsor
decides to move or downsize, its assemblage of property and buildings could once again be broken into several
different ownerships and the City would still have public right-of-way to serve al of these parcels . Windsor has
already greatly improved the buildings and overall appearance of the area with landscaping . They have recently
invested over $1 million into building improvements and $30 ,000 into on-lite landscaping .
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ORDINANCE NO. _
SERIES OF 1995
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A BILL FOR
AN OBDINANCE AUTHORIZING A I.BASE WHICH GRANTS A TKMPn1
EASEMENT TO WINDSOR INDUSTRIES, INC. FOR USE OF THE PUB
lUORT-OF-WAY FOR WBST STANFORD AVENUE.
WHEREAS, Windsor Industries is a larp manufacturing company
Englewood; and
WHEREAS, over the past eiaht years Windsor has auembled parcels
its operations have continued to expand; and
WHEREAS, Windsor Industries objective in securing the control of use of the
right-of-way on Stanford is to create a "campus· setting between its main office
complex on the north side of Stanford and its newly completed "Excellence Training
Center" on the south side; and
WHEREAS, the temporary easement for the right-of-way will provide increased
security and allow more efficient use of available land for parking and
landscaping; and
WHEREAS, Stanford ends at a cul d'sac on the east side of Windsor's campus with
the existence of the City Ditch on the east side of the campus and a severe grade
differential make it unlikely that Stanford will be extended continuously to the east;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The "Grant Of Temporary Easement • with the Windsor Industries,
Inc. is hereby accepted and approved by the En,lewood City Council. The Mayor is
authorized to execute and the City Clerk to attest and seal the A,reement for and on
behalf of the City of Englewood, Colorado.
$cc;tjon 2. The Grant Of Temporary Easement is attached u "Exhibit A".
Introduced, read in full, and passed on first reading on the 7th day of August, 1995.
Published as a Bill for an Ordinance on the 10th day of Au,ust, 1995.
ATTEST : Thomu J. Burns, Mayor
Loucrishia A Ellis, City Clerk
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FINANCIAL IMPACT
The Stanford Avenue right-<>f-way consists of approximately 19,740 S .F. Granting of this easement will also
eliminate eleven ( 11) potential public parking spaces along this Stanford right-<>f-way . A recent appraisal of this
parcel by ArieS Compass Group, dated May 15, 1995, establisheS an Annual Lease Rate of $5,700 for this
Stanford right-<>f-way. Windsor Industries is willing to provide fiflNn ( 15) public parking spaces in itS parking lot at
1582 W . Stanford Avenue as partial consideration for this eaement The appraisal of May 15, 1995 suggests a
value of $160.00 per space per year. After numerous dilcuuionS with Windsor lndustnes. and allowing for a land
value based upon Windsor's acquisition of the parking lot. a value of $200.00 per space per year is being
recommended. Also, Windsor front-ended $1,800 for the MAI appraisal. with the understanding that if an
easement were granted. credit for this appraisal would be given as an offset to the first year's c:onsideraliOl'-
Consequently, this first year's cash payment would be $900.00, with subsequent years' c:onsideraliOI' being fiflNn
(15) public spaces plus a $2,700 cash payment per year.
LIST OF ATTACHMENTS
Maps
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I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of a Bill for an Ordinance, introduced,
read in full, and paned on first reading on the 7th day of August, 1995.
Loucrishia A. Ellis
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EXf:IBIT A
GRANT OF TEMPORARY EASEMENT
THIS GRANT OF A TEMPORARY EASEMENT ("this Grant") is made this __ day
of 1995 by the CITY OF ENGLEWOOD, COLORADO ("Grantor"),
whose address is 3400 South Elati Street, Englewood, Colorado 80ll0, to WINDSOR
INDUSTRIES, INC. ("Grantee"), whose address is 1351 West Stanford Avenue,
Englewood, Colorado 80ll0.
The Parties covenant and agree as follows:
1. Easement Property . The " Easement Property" shall mean the real property
located in the County of Arapahoe, State of Colorado, more particularly
described in ·Attachment A~.
2. Consjderatjon. As consideration for this Grant, Grantee shall pay to Grantor
the sum ofTwo Thousand Seven Hundred Dollan $2,700 per year ($5,700 less
$3,000 for 15 public parking spaces in the Windsor Industries parking lot at 1582
West Stanford Avenue which Grantee shall desicnate with appropriate signs).
3.
Grantee shall be Jiven a credit of Eighteen Hundred Dollan ($1,800) towards
the consideration for the first year to otfset cost of MAI Appraisal paid by the
Grantee.
Temporary Easement. Grantor hereby grants to Grantee, and its successors
and assigns, the following:
A temporary, private and exclusive easement upon, over and across the
Temporary Easement Property for use by Grantee, and its successors, a11ips,
agents, employees, tenants, guests and invitees, for a motor vehicle parkinr
area, driveway and related purposes, topther with richt to fence same, subject
to the terms, conditions and provisions hereinafter set forth (the ''Temporary
Easement"). The Temporary Easement shall remain in full force and etfect
until such time as Grantor desires to utilize said Temporary Easement area for
road purposes, in which event, the Temporary Easement may be terminated by
Grantor upon Ninety (90) days' prior written notice to Grantee. Upon
termination of the Temporary Easement, Grantee shall remove any fence
installed on the Temporary Easement.
4 . ~-Grantor shall have the perpetual, richt ofinrresa and e,re11 in, to,
over, through and across the Easement Property for any purpoae necessary or
desirable for the full enjoyment of the ri(hts retained by the Gran tor under this
Grant.
5 . Rjght:; of Ornntor . Grantor reserves the full richt to the undisturbed ownership,
use, and occupancy of the Easement Property insofar u said ownership, use,
and occupancy is consistent with and does not impair the richts ,ranted to
Grantee in this Grant. In the event Grantor's improvementl under the
Easement require repair, replacement or maintenance of any type or kind,
Gran tor may do so with reasonable notice. Cost of repair and restoration of
surface improvements shall be done at the cost of the Grantee.
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6. Abandonment In the event that Grantee shall abandon the rilbts aranted to it
under this Grant, all right, title and interest hereunder of Grantee ahall cease
and terminate, and Grant.or shall hold the Euement Property, u the same may
then be, free from the ripita of Grantee so abandoned and shall own all
materials and structures of Grantee so abandoned, provided that Grantee shall
have a reasonable period of time after uid abandonment in which to remove
any or all improvements and appurtenances from the Euement Pros,,rty.
7. Warranty of TjtJc-Grant.or warrants and represents that Grant.or is the fee
simple owner of the Euement Property and that Grantor hu full riplt, title and
authority, and that this Grant is effective to arant and convey to Grantee the
within described easement.
8 . Bjndjng Effect, Thi• Grant lhall extend to and be bindinc upon the heirs,
personal rep ..... ntative1, 1ucceuon and usip-of the respective parties
hereto. The terms, covenants, agreements and conditions in this Grant shall
be construed u runninc with the land.
IN WITNESS WHEREOF, the parties hereto have uec:uted tbia Grant OfEuement the
day and year first above written.
ATTEST :
Loucri1hia A. Ellis, City Clerk
STATEOF
COUNTYOF
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GRANTOR:
CITY OF ENGLEWOOD, COLORADO
BY--------------fllomu J . BUJ'lll, Mayor
The forecoinc instrument wu acknowledpd before me tbia __ day of
______ ,, 1995, by Thomu J . Bumi u Mayor of the City of Enslewood.
Colorado.
My Commi11ion expires: ----
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Notary Public
Addr111:
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GRANTEE:
WINDSOR INDUSTRIES, INC.
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STATEOF(.,l 1ltf1JIX )
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COUNl'Y' OF ~/JfWtE )
Th~f~~inc instrument wu aclmowlednd befQl!t _me !,Ilia /J~Y of ~~-1996.br 'frorpa.-o-rn, 1tat,11ao
u / 1 d kk + of W'mcbor Induatries, Inc ..
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C41au_C,0Mi0
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Addre11:
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&ttwfJcc.(, ec SCtlC
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LAND TO BE LEASED TO
WDIIDSOR .INDUSTRIES
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Begimw:ig at a point where tbe east rilbt-of-way line of S. Navajo St. iutm:Wb
the north rijht-of-way line of W. Stanford Ave., thence easterly alona tbe north
right-of-way line of said W. Stanford Ave. a dis1ance oftbree-lnmdred seventy-six
mid tw=ty-ciaht one-hundredtbs feet (376.28'). tbmc:e soudledy a diSlmlce of
thirty feet (30.00·>. tbm:e water1y and pmlle1 wirh tbe nordl nsm~f-way line
of said W. Sbmford Ave. a disamce ofdne-lwndred leYIIDly-six aad twe:ary-
scv= hundRddJs feet (376.27'), tb=ce DOftbcdy thirty feet (30.00') to tbe point
of1,eainnia1 Coataiaiag 0.26 acres more or less. ..
Par:sel 12 .
The twenty feet of W. Samford Ave.1iom die cast ript-of-way line ofS. Navajo
SL cast to and iadudiq tbe portion pl.med for die cul-de-sac a p1aaed a Navajo
Street mduslrial Part. Coolaiaia10.15 ams more or lea.
Par:sel!J
A parcel of land in tbe NE 1/4, Sec. 9, TSS, R68W oftbe 6th Priacipa1 Meridian
Amplboe Couaiy, Colorado, more particuJady dea-.zibed a tbllows: .
Bqinnia1 eisht-huadred 1ifty-&ve and sew:aty-oae buadndrbs &et (15S. 71 ') east
and thirty feet (30.00') amth oftbe SW comer of die NW 1/4 oftbe NE 1/4, said
Section 9; tbcace cast and pmllel with tbc south line of tbe NW 1/4 ofNE 1/4 a
disrauce of eiabtY-four and eipty-five huadreddls feet (14.85'); tbmce
northwestm'ly and souihwesleriy on a noa-taaaCDl curve, ccmc:aw to tbe Id, with
a radius offorty-fivc f'cct (4S.OO') with a delta ofl41 dep'lleS 03'27" and a chord
lea,th of cia!UY-fivc and ciahtY-four buadzedtbs f'cct (14.SS') an me distm:e of
one-hundred 1e11 and scvcaty-aiae huadredtbs feet (110. 79') to tbc poial of
bepmiaa. Coat1iaia10.04 acre more or less.
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N.LINE SWl/4,NEl/41 SEC.9
JO.GO'
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·-:·. · . t-·INAL · t-
A PART eF THE SOUTHWEST ~. ·l/4; OF
9 IN TOWNSHIP . 5 .·s.Ol)TH.}~ RANG~ 68 . . .
ARAPAHOE_~ CITY OF ENGLE
SHEET 2 OF
to' 11.0.W.
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ll,2881f.
S 99• 42' 16• E
W. STANFORD AVE. R.O.W.
N 45• ZI' 31" I!
14.11'
172.001
LOT I
(0.742 Ac.)
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49~.62'
6,595 If.
7:S.41'
20.00'
451
50.12'
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L•IS.tl'
CH. IR.•Nr4•so•or1
TS.41'
LOT 2
(0. 732 Ac.) s~
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Proposed location of
15 public parking
spaces
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to Windsor lnduatriN
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
AUGUST 7, 1995
7:30 P.M.
1. Call to order. 1 :_!J f ~
2 . Invocation. ()}~
3 . Pledge of Allegiance. ~
4. Roll Call. !L11 7 ~
5. Minutes. Off' IJ-() a. Minutes from the Regular City Council Meeting of July 17, 1995. ~
6 . Scheduled Visitors . (Please limit your presentation to ten minutes.)
7 . Non-Scheduled Visitors. (Please limit your presentation to five minutes .)
8. Communications, Proclamations, and Appointments.
llhhll n D a. Proclamation JJ;';:;:,~:i~.•t 12, 199& • ·ctrcua Day• in the City of t(vi, '/-Englewood. , • ~~
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9 . PublicHearing . ~?-o W~ALUtf..L~~~~
a. A Public Hearing to gather citizen input on the South Denver Medical Plaza
Planned Development.
o/141-0-~~~~~'gJd4
~t?-o ~~tnbu_~~
Plew note: If you haft A cllNllillty wl ...a-., .. or---. plwe nallfy .. Clly al &•••NII (70-U7'1t II
....... hounlnAdvMCeolwhal .................. ,...
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Chy Council Agenda
August 7, 1995
Page 2
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Recommendation from the Department of Safety Services to approve.
by motion, the award of a maintenance contract for Safety Services'
communications equipment. Staff recommends awarding the contract
to the low bidder, STI Mobile Communications, in the amount of
$20,770.20. STAFF SOURCE: Robert Andrews, Communication• and
Records Manager.
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CD 11 ;, /J.
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_ / a bill for an ordinance amending sections of the Englewood Municipal
~ -Code relating to the investment of municipal funds. STAFF SOURCE:
{AJ1t-Y:uJt~<;1a.\ -flt.lh~-:!~"ttiTffl'!!f! Servi -;;.i,1vf5'&u,~lrlm;A~ ::J iii. -·Rec~mendation from the Department Finan6ial Servi~;~o ·, --7)
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approve, by motion, an extension of th City's Audit Engagement
~ with Van Schooneveld and Company for audit years 1995, 1996, and
1997. STAFF SOURCE: Frank Gryglewicz, Director of Financial
Services.
iv. Recommendation from the Department of Utilities to approve, by
motion, the purchase of a sewer line cleaning/vacuuming machine
(vector truck). Staff recommends awarding the bid to the lowest
technically acceptable bidder, Vac Con, in the amount of
$142,750.00. STAFF SOURCE: Stewan Fonda, Director of Utlltiea.
v. Recommendation from the Department of Public Works to approve, by
motion, improvements to the Recreation Center's Indoor Running
Track . Staff recommends awarding the bid to the sole bidder, Rocky
Mountain Decks and Floors, in the amount of $21,960.00. STAFF
SOURCE: Charin Esterly, Director of Public Works.
vi . Recommendation from the Department of Public Works to approve, by
motion, improvements to the Recreation Center's Swimming Pool
Deck. Staff recommends awarding the contract to the sole bidder.
Prestige Pools, in the amount of $26,850.00. STAFF SOURCE:
Charles Esterly. Director of Pubic Works.
b.#IJJroveon~~~dl".,o /06--/ ~I/ii
i. ~ii Bill No. 35, approvinc{southgate Supplement No. 126.
ii. Council Bill No. 39. submitting to a vote of the registered electors of
Englewood regarding proposed charter amendments relative to
financial issues .
Plew noce: If you hliwe • diMllillty wl nwl _.,Ii*•.....,,.._ nadfy .. Clly al &ilkwNII (7U-2J,. II
..... 41hounlnllidvanceaf .._._.... .. ......_ n..,-.
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t • City Council Agenda
August 7, 1996
Page3
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iii. Council Bill No. 40, submitting to a vote of the registered electors of
Concrete District 1995 regarding a proposed debt issuance to fund
the citizens' portion of concrete repairs.
iv . Council Bill No. 41, submitting to a vote of the registered electors of
Englewood regarding a proposed debt issuance for the remodeling and
upgrade of the present police and fire communications facility .
v . Council Bill No. 42, submitting to a vote of the registered electors of
Englewood regarding a proposed debt iuuance for fire equipment.
vi . Council Bill No. 45, amending sections of the Englewood Municipal
Code pertaining to Wastewater' s contribution to the Industrial
Pretreatment Program.
vii. Council Bill No. 47, approving a license agreement with The King C .
And Evelyn Leigh Hudson Foundation for a diversion gate structure
and pipe to be placed on the City Ditch.
11 . Ordinances, Resolutions, and Motions.
Approve on First Reading .
i. Recommendation from the Department of Public Works to adopt a bill
for an ordinance approving a right-of-way for Stanford Avenue.
5-/-/ STAFF SQ.U~~: ~. DINctor of Pubic Worb.
/#A-y:1,1J1G61~ \ ~'//J~~ W~ ~~~~: e,tl)!J)r.,) ii. --, A~;-r,;-mendation from the Department of Financial Services to adopt
/1~ ~ 11.., u _. . J a bill for an ordinance amending the Liquor Licenaing Authority section
L-~ r "'f" of the Englewood Municipal Code relating to conduct at liquor
/ J -;.. •tablishments. STAFF SOURCE: Frank Grvalewlcz. DINctor of . dJ : Dt.1# I~ 1/~Cl(r ,..._,...,... lo MW111 paragn,ph B. lo rad 'ANY LICENSEE, f;l8. ANY MANAGER OR AGENT OR EMPLOYEE Of A
/ ~ENSEE SHAU IMMEDIATELY REPORT TO THE POLICE DEPARTMENT ANY UNLAWFUL OR OISORDERL Y ACT •
~fr/ (AJA f: /) ()~ '1 I r,l!!ff OR CONDUCT AS SPEC!EIEP IN PARAGRAPH AABQYE COMMITTED ON THE LICENSED PRElolSES ."
C Bil 3 f
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n iii. ::~~n=':.::~:~:n;ot': v~: o~~.«:"r:i~~e~_:P;i!:~!:::f ~~1ewooct
//J,r;,~a · r-0 • proposed Charter Revision on Career Services. STAFF S0UR~~
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""'·· t I Douglaa Clark, City Manager and Dan Brotzman, City Attomey./'V~
/il A iL, 13> iv . Recommendation from the City Attorney to adopt a bill for an
cor-T: /lnA, J '7 () ordinance prohibiting jury trials for juveniles in Municipal <;ourt. 'Tr _, STAFF SOURCE: Dan Brotzman, City Attorney. WI.If~
b. Approve on Second Reading . g-
Plwe notr. If you haw a ....ally wl .... ...., _. •---. lllwa llllllfy .. Clly al I -•-OU-D711 al
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City Council Agenda
Auguat 7, 1996 ......
12. General Discussion.
a. Mayor's Choice .
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b. Council Members' Choice. t./-.j WAGGONER MOVED THAT COUNCIL SUPPORT THE PARADE ASSOCIATION IN THEIR EFFORTS TO SPONSOR
(.·'A(~· LlAHIWla' J •. ,,,.. ~t 11,, •• ,.0 THEHOLIDAYPARADEINENGLEWOODBYCONTRIBUTINGSOMEl~ND
N ' rrrn,,, 1 W ·~ -~ SERVICES TO THE EXTENT OUTLINED BY THE CITY MANAGER AND BY . City ah'ager fl e6ort. CONTRIBUTINGMATCHINGC0NTRIBUTl0NSNOTTOEXCEED$1,000.
a. Redevelopment Report on Cinderella City.
b. Request for travel authorization for Mayor Bums to accompany City
Manager Doug c1,r~ to travel to Cincinnati to meet with representatives
from Mercantile./.)~
c . Recommendation to go into ~ecutive Session immediately !P)loyving the.
regular City Council meeting to discuss a personnel matter.~
14. City Attorney's Report.
AdeJ:50~
The following minutes were transmitted to Council from 07/14/95-08/03/95:
• Englewood Planning and Zoning Commission meeting of July 5, 1995.
• Englewood Liquor Licensing Authority meeting of July 5, 1995.
• Englewood Public Library Board meeting of June 13, 1995.
• Non-Emergency Pension Board Meeting of April 18, 1995.
• Joint Pension Board meetings of April 25. May 17. and June 21 • 1995.
• Police Pension Board meeting of April 27. 1995
• Firefighters Pension Board meeting of April 27, 1995
• Englewood Career Service Board meeting of May 18, 1995.
Plwe llOII: If you hawe a cllllllllly wl ...a....,_.•---.,._ lllllfy .. City el I-··-(7U.U,-al .......................................... ,...
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CITY OF ENGLEWOOD
PUBLIC HEARING ROSTER
AUGUST 7, 1995
AGENDA ITEM NO. 9 a
.... ta BEFORE THE ENGLEWOOD CITY COUNCIL
TO GATHER CITIZEN INPUT a•IWll lllaCAL PLAZA fll.ANNID DREI.OPlaNT
PLEASE PRINT
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PUBLIC COMMENT ROSTER
DATE: AUGUST 7, 1111
NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FNE
MINUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COMMENT
ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT.
THOSE PERSONS WHO WISH TO SPEAK IN FAVOR OF OR IN OPPOSITION
TO A PUBLIC HEARING, SHOULD SIGN THE APPLICABLE PUBLIC
HEARING ROSTER.
PLEASE PRINT
NAME ADDRESS TOPIC
?~Nf ~fJ.-( (),_" i/~i, 'I c-:; ()0 S, A~ 0 11~(1alf)/f .tJ 1! A./.
~.:frJ<fvC~tTJf:;:Ld· c-:::t.::
1tkMttM&wl gqq ~ "'3oo, D.~,,._ JJ , a.. ·,\'.'3
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Replar Sellioa
July 17, 1"5
I. Call to Order
The regular meeting of the Englewood City Council wu c:alled IO order by Mayor Burm al 7:40 p.m.
2 . la"8Catloa
The invocation was given by Council Member Wiggins .
3 . Plcdce of Allqiancr
The Pledge of Allegiance was led by Mayor Burns .
4 . Roll Call
Prrsrn1 :
Absent :
A quorum was present.
Council Members Hathaway, Waldman. Wigins, lfllleaicht.
Vormittag. Waggoner, Bunu
None
Also prrsrnt : City Manager Clark
City Anorncy Brouman
5. Miautn
Assisaant IO the City M8aecr 0racx
City C1rrt Ellis
Director Fonda. Utilities
Director Gry,icwicz. Fiaaaal Sawxs
Director Banhlolllc. AdaillillralM 5awxs
(a) COUNCIL MEMIER HA111AWAY MOVED.ANa lTWASUCONNa. TO
APPROVE THE MINUTES OF THE REGULAR MDTIJIIG or JULY J. lffl.
Motion carried .
Ayes : Council Members Hadiaway, Vonaitlaa. Wigial. llrl . ck,
Waggoner, Waldman. Buras
Nays : None
6 . Sd1eclMlrd Viliton
There were no scheduled ,1si1ors.
7 . N1111-1tlllecllllecl Viliton
There were no non-scheduled ,1si1ors.
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July 17, 1995
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8. Communications, Proclamatiolls ucl Appaiaa-b
(a) A proclamation recognizing Mic:had Crisler for his dfons to help the victims of the
Oklahoma Cily lragedy was considered. Mayor Bums recognized Michael Crisler and noted that bis
grandfather is Tom Munds. a reporter for the Englc:wood Herald.
Mayor Bums read the proclamation in its entirety .
CITY COUNCIL UNANIMOUSLY MOVED AND SECONDED, TO APPROVE A
PROCLAMATION COMMENDING MICHAEL CRISLER FOR HIS DEDICATED EFFORTS,
AND FOR HIS COMPASSION FOR HIS FELLOW HUMANS AND THE PAIN AND
HEARTACHE TREV HAVE SUFFERED.
Ayes: Council Members Hathaway, Vorrninag. Wiggins. Habenicht,
Waggoner, Waldman. Bums
Nays : None
Motion carried.
The Mayor presented Michael Crisler with the proclamation .
Council Member Hathaway no1ed 1ha1 Michael's grandmother and mother were also in the audience . Ms.
Ha1l1.1wa) conuncnlcd thal Michael is an e:1:cep1ional child and the family has a right to be very proud of
him .
(b) A proclamation declaring August I, 1995 as National Night Out was considered.
COUNCIL MEMBER HA THAW AV MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION PROCLAIMING TUESDAV, AUGUST I, 1"5 AS NATIONAL NIGHT OUT
IN THE CITY OF ENGLEWOOD.
A)cs : Council Members Hatha"11y. Vormittag. Wiggins. Habenicht,
Waggoner. Waldman. Bums
Na~s : None
Motion carried
Ma}or Burns prcsc111ed the proclama1ion to Public Education Specialist Marie Dymek .
Ms Dymek explained I hat National Nighl Out is a nation-wide program . The goal of the propam is to
offer the opponunit} for neighbors to get to know neighbors better so that they can help each other fipr
crime in 1he neighborhoods . Citi1..cns are asked to tum on tbcir porch lights. lock tbcir doors, ID OUllidc
and meet 1hcir neighbors . Ms . Dymek noted that this }"car in Englewood there arc approximately 120
neighborhoods planning 10 cclcbra1e in ,·arious "11}"S. i.e. aJOkics and ic:ed tea or pot luck dinners.
Additionalli. she ad,·iscd that the Cily anticipalcs that someone from Safety Services. City Council or staff"
"ill \"is11 each or 1hcsc neighborhoods 1hroughout the C\"cnang.
Council Member Ha1l~1way encouraged Council 10 call Communiry Relations Off'icer Nancy Peterson to
sign-up ror a , 1s11a1ion schedule Ms . Hatlia"11}' staled it is a ,·cry re,1-uding event.
9 Public Heari•l
No public he.inng was scheduled before Council .
IO CC1111t1II Aatenda
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Englni·ood City CCN1ncil
July 17, 1995
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COUNCIL MEMBER WALDMAN REMOVED AGENDA ITEM 10 (a) Oil) FROM THE
CONSENT AGENDA.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (a) (I), (ii), (Iv) AND M ON FIRST READING.
(a) Approve on First Reading
(i) CONTRACT Wini STACKHOLM DEVELOPMENT AND
CONSTRUCTION COMPANY. INC . FOR CONCRETE DISTRJCT NO. 199S IN 11IE AMOUNT OF
$3S 1,692.25.
(ii) COUNCIL BILL NO . 47, INTRODUCED BY COUNCIL MEMBER
HATHAWAY
A BILL FOR AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT BETWEEN 11IE
HUDSON FOUNDATION AND 11iE CITY OF ENGLEWOOD, COLORADO FOR A DIVERSION
GA TE STRUCTURE AND PIPE TO BE PLACED ON 11IE CITY DITCH .
(iv) COUNCIL BILL NO . 4S, INTRODUCED BY COUNCIL MEMBER
HATHAWAY
A BILL FOR AN ORDINANCE AMENDING 11fE WASTEWATER UTILITY ORDINANCE 1'111..E
12, CHAPTER 2. SECTION 7. OF THE ENGLEWOOD MUNICIPAL CODE 1915 PERTAINING TO
DAILY MAXIMUM ALLOWABLE INDUSTRJAL LOADING OF POUNDS PER DAY FOR
POLLUTANTS AT 11fE LITTLETON/ENGLEWOOD WASTEWATER TREA'IMENT PLANT .
M A FUNDS TRANSFER AGREEMENT WITif BANK ONE. DENVEll N .A .
Vote rault1:
Ayes : Council Mcmbcn Halhn11Y, Vorminag, Wigins. ll•e ·c111.
Waggoner, Waldman. Bums
Nays : None
Motion carried.
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(iii) Council Member Waldman asked Direc:lor Fonda if this CXIUIICil bill is for Wiler
and sewer. Mr. Fonda staled ii is just for sewer.
Council Member Waldman questioned the statemcnl, in the founh whcrcu of the CXIUIICil bill, 11111 ~llid
annexalion of Ibis additional pan:cl of land will not incrcasc the lap allocalioa IO die Soutbple Sanillboll
District ." Director Fonda staled the dilitrict has a very Iarac tap allocalioa and die dilUicl cu ilalC
indi\'idual sewer laps. Within the larac Sou1hp1e district, he explained. there uc -picus of pn,peny
comple1cly surrounded. but they ""re IIC\'Cr pan of the dilitrict a Ibey did IIOI MIil IO pay die taxes. Onllc
dc\·elopcd they "ill pcti1ion Southp1c 10 be included . When Ibey arc iadudcd Soudlptc will !lb them,
but they \\ill not get any addition 10 the Southgate district tap allocation . Mr . Foadl lll¥iled dill die City
of Englewood "ill pl'O\·idc the -'Cr taps lo the lpllf1mCIII unill. but Soutltple's tap lllacalioll daa not
goup.
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July 17, 199!i
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In response to Council Member Waldman. Director Fonda confirmed this will affect the amount fl sewage
that is processed and that the interccplors and Treatment Plant has the capacity to handle it. He IIOlcd
that long range planning bas addressed this issue .
Director Fonda funhcr explained that none of the districts arc anywhcR near their allocation, • capacity
is built before they get there .
Council Member Vormittag asked if. when the City runs a tap. the City has to run a line to the ara. Mr.
Fonda stated the lines are already out there as large interccplor lines go out to the districts and then the
districts will build a local collc:ction system . Council Member Hathaway commented that that cost is at
the districts expense .
Mayor Bums pointed out the council bill addresses site zoning but docs not indicate which city it is in.
Director Fonda stated it is in Greenwood Village .
COUNCIL BILL NO . JS . INTRODUCED BY COUNCIL MEMBER HATHAWAY
A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO. 126 TO THE SOlITHGA TE
SANITATION DISTRICT'S CONNECTOR 'S AGREEMENT Wl11f THE CITY OF ENGLEWOOD,
COLORADO FOR THE INCLUSION OF LAND WITHIN THEIR DISTRICT BOUNDARIES .
COUNCIL MEMBER HATHAWA V MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEM 10 (a) (Iii) ON nRST READING.
Ayes : Council Members Hathaway. Vormittag. Wiggins. Habenicht.
Waggoner, Waldman. Bums
Nays : None
Motion carried .
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COUNCIL MEMBER HABENICHT REMOVED AGENDA ITEM 10 (II) (I) FROM THE
CONSENT AGENDA.
COUNCIL MEMBER HA THAW AV MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS Ill (b) (ii) and (iii) ON SECOND READING.
(b) Approve on Second Reading
(ii) ORDINANCE NO. 33. SERIES OF 1995 (COUNCIL BILL NO. 36,
INTRODUCED BY COUNCIL MEMBER HATHAWAY)
AN ORDINANCE AMENDING TITLE 16. CHAPTER 4. SECTION 16. SUBSECTION 16C OF THE
ENGLEWOOD MUNICIPAL CODE PERTAINING TO THE FLOOD PLAIN ORDINANCE .
(iii) ORDINANCE NO. 34. SERIES OF 1995 (COUNCIL BILL NO. 37,
INTRODUCED BY COUNCIL MEMBER HATHAWAY)
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
CITY OF ENGLEWOOD . COLORADO AND THE STATE BOARD OF THE GREAT OlTl1>00RS
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Englewood City Council
July 17, 1995
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COWRADO TRUST FUND EN1111..EO ~1995 GREAT OlTJ1)()()RS COLORADO GRANT
AGREEMENT ."
Vote raalts:
Ayes: Council Members Hatbauy, Vonnittq. Wiains, Habaliclll.
Wagoner, Waldman, Bums
Nays : None
Motion carried.
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(i) Council Member Habenicht explained Iha& slle pulled dlis item from the
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c.onscnt Agenda as she wanted to share with Council, and It.lie for the ieeonl, tllal slle has bad and
continues to have reservations about the mail-in ballot. i.e . potential for ....-ae-ud f'nud . Ms.
Habcnichl commcnlcd that she visited with the City Clm. Arapahoe County Clat Doneaa l>aYicllon and
Arapahoe Counly Election staff in an cfTon to address her concerns. Ms. Habcnichl mtcd thal slle was
very impressed and considers the Ci1y ronunate to have the County clectioa all' we have. E'VCII though
some of her concerns regarding proccdwe were alleviated. Ms. Habenicht cmpbasized I.bat she still bas
reservations and still feels there arc a lot or thinp that need to be looked at. especially rqanling \'Oler
registration . Council Member Habenicht maintained I.bat Council and the citizens mllll contiaK to be
vigilant and monitor the process very carefully . However, she llalcd. there is no doubt lhll mcn people
panicipate in a mail ballot election and although she continues to have racrvations she will vote for the
coordi11alcd mail ballot election .
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE ON
SECOND READING CONSENT AGENDA ITEM It (II) (I).
ORDINANCE NO . JS , SERIES OF 199S (COUNCIL BILL NO. JO, ll'mlODUCED BY COUNCIL
MEMBER HATHAWAY)
AN ORDINANCE APPROVING AN IN'IBOOVERNMDITAL AGREEMENT BETWEEN 111E
ARAPAHOE COUNTY BOARD OF COMMISSIONERS BY AND THROUGH 11IE ARAPAHOE
COUNTY CLERK AND RECORDER AND 1llE CITY OF ENOLEWOOD TO CONDUCT A
COORDINATED ELECTION ON NOVEMBER 7, 199S .
Motion carried .
Ayes : Council Mcalbcn Halhn'I)', Vormittag. Wigi111, Habalicllt,
Wagoner. W.W-. e.r.
Nays : None
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(a) Apprl)\'C on First Reading
Ci) Director Grygla\'icz pracntcd a reconuncndllioa fnllll the Dcpanmcn1 m
Financial Scn·ices to adopt a bill for an ordinance lllllaaiflilta to a wee m Ille rqjllaed dec.1ors m
Englewood a question "ilich. if IIPPfO\'Cld. •ill allow for Ille i...-c mSI .4 aillioll mbollded delll for
the commu11ica1io11s facility improvcmcnll and uppadcs . He llaled 1h11 c-il ..___. this balloc
issue al length al lhe June 19. 199!1 Study Session. Mr. Oryglc,lricz advilcd lllal lllc balloc tanam,e doa
comply "ilh TABOR.
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J•ly 17, 1995
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Mayor Bums poinled oul 1ha1 in 1993 Englewood citizens voted. by a considerable margin. to keep police
dispalch in Englewood . He: swed lhal Council was aware, at lhat time, that if the ballot issue paaed then
somehow the City would have 10 pay for the facility.
Council Mcmbc:r Waldman noted lhal lilalrbas iadic:ated lhal they ulicipatc, OIi i Sl.4 million bond, 11111
the payback is going to be: S 1.2 million . He: llbd if lhal is IUbjcc( to dlaqc baled on ftuc:balliD& markds
or if that will be: locked in on the ballot . Director Oryglewicz explained 1h11 the payback, IOIII principal
and intc:rc:st, was c:stimated II S2 .3 million. The: high point al paymcllll -S 170,000.00 per year, flidl
is currc:n1 rate: plus I 00 basis poilllS . He: IWcd lhal if they incrcuc 200 basis poinb the City ~ ha\'C
to fund tha1 differc:ncc: with existing funds. At this point in time, Mr . Oryglc:wicz advised, be does not
know what the market will do and this is a '"best estimate."
Council Member Hathaway asked whal lhc likelihood is of it going up to 200 basis poinu _.. 100 basis
points. Director Oryglcwicz tilaled thal it is very possible, but unfonllllltc:ly, under TABOR. this is the
way it has to be: handled.
Council Member Waldman asked whal will happen if tbe basis points arc: lower. Director Oiyglc:wicz
staled lhat if ii were: lower the: City will probably put any excess funds in Ddll Sc:rvicc: to recall tbal dell(
early.
Council Member Vom1iltag asked why lhal ballot quc:stion does not lllle the approxilllltc: Clllll to cacb
homeowner . Mr. Oiyglc:wicz advised lhat TABOR rc:stricts the ballot language: and we: CIIIDOI devialc:
from that
Mayor Bums asked if staff can provide: infonnation relative: to the quc:aion in memo form to Council .
City AtlOrtlC)' Brotzman ad\'iscd thal staff will prc:parc: a facl sbcc:I for cacb ballot quc:aion to be ii-to
Council and the Clerk will maintain copies for citil.CIIS to pick up .
Council Member Halha"-..Y pointed OUI that we: pm1ously publislied. ia canj118Clioe widt Anpuoe
Coun1y . a liSI of pro/con Slatc:mc:1111. submitted by citi-. for adl llellot qialioll. City Aaor.y
Brot7.man Slated that "-as the TABOR nolic:c: n:quimnc:nl and •tlat lie is lllking ... llele is I facl lllecl
compiled b) staff specifically for Council and c:itu.cns.
In response to Mayor Bums. Cit)' Au~· Brotzman c:oolirmcd that the fac:l lllecl is ia c:ompliMrC widt
TABOR and 1hc Campaign Reform Act .
Council Member Habcnich1 asked ir the fact sbcc:I ";11 be able: to dilfc:n:nliate what the altc:nlllivc:s mipc
have been and po1e111ial a>Sls .
Director Or) gta.;cz c:xplainc:d thal the facl sbcc:I .;11 DOI identify alteraMMS per IC . It llalically
addresses the panicular ballot question. thal is. the iUUIIICC al dell( and the: pro/ems rc:llled IO tbal
specific qucstiOII .
Council Member Habc:nichl asked if lhc: facl sbcc:I CIOUld include ,_ for ldec:tina an oplion ud
idenlif)·i11g other options and associa1cd COSls . Dinxtor Or)·&b-ia aoted be undenlood that only those
things thal lhe ballot question addrc:sscd CIOUld be addrc:acd in tbe fac:l slleel . He: felt the: City Anomey
"1>11ld ha\'e to make 1ha1 dc:lc:rmi11.1tion . bul if it "'-ere allcMal be feds thll infortaalioa should be
contained i111he raa sheet Ci1y AllorllC) Brotzman ad\ilcd be "ill brina the.-blck to Council .
The: City Clerk was ukcd to rc:ad Council Bill No. 41 by title::
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Eai~ood City Council
Jul)· 17, lffl
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COUNCIL BILL NO . 41. INTRODUCED BY COUNCIL MEMBER HABENICHT
A BILL FOR AN ORDINANCE SUBMJ'JTINO TO A V01E OF 11iE REGIS'lcRED ELECTORS OF
1llE CITY OF ENGLEWOOD AT THE NEXT GENERAL MUNICIPAL ELECTION A QUESTION
RELATING TO 1llE ISSUANCE OF BONDS AND AlmlORIZATION FOR A PROPERTY TAX
INCREASE TO PAY FOR 1llE PROPOSED IMPROVEMENTS TO 1llE COMMUNICATIONS
FACILITY AT 1llE SAFETY SERVICES CXlMPLEX AND 1llE PURCHASE OF
COMMUNICATIONS EQUIPMENT .
COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 41
Motion carried.
Ayes : Council Members Hathaway. Vwminag. Wigias. HallClliclll,
Waggoner. Waldman, Bums
Nays : None
(ii) Director Gryglcwicz pracnted a RICOIIIIIICllda from Ille Dqmtmeal of
Financial Scr\'iccs to adopt a bill for an ordinance IUbmitting IO I Wle oldie regillCnld eleclal's of
Concrete District I 99S a question which. if approwd. will allow Ille City to ~ ddlt lO fi8allCIC Ille
propcny O\\ncrs · ponion or required concrac rqiain. He noted this iauc -disc:uaid in dqllh ll Ille
June 19, 199S Study Session . lbis ddlt qucslioll. 10 be Yllled on by Ille property owners. will allow Ille
cnmcn lo stretch out their pa)'IIICflts O\'CI' 1 period of' time.
The City Clerk was asked lo tad Council Bill No . 40 by title:
COUNCIL BILL NO . .W. INTRODUCED BY COUNCIL MEMBER WAGGONER
A BILL FOR AN ORDINANCE SUBMITilNG TO A vom OF 11iE REGIS'lcRED ELECTORS OF
1llE STATE OF COLORADO WHO ARE OWNERS OF PROPERTY Wl11IIN OR RESIDENJ'S OF
CONCRETE REPLACEMENT DISTRICT 1995 OF 1llE CITY OF ENGLEWOOD AT 1llE NEXT
SCHEDULED GENERAL MUNICIPAL ELECTION A QUES110N AU11IORIZING 1llE ISSUANCE
OF DEBT TO PAY FOR THE IMPROVEMENTS .
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (1) (H) -COUNCIL BILL NO. 49.
Motion carried.
Ayes: Council Mcmbc:n Vormittag. Wigins. Habenicht, Wagoacr,
Waldman. Bums
Nays : None
Abstain : Council Member Hathaway
Council Member Hathaway explained thal she lbllaincd from the VOie • * OWDI property widtia
Concrete District 1995 .
(iii) Director Gryp:wicz pn:senlal 1 --.dalion from Ille~ of
Financial Sen ices to adopt I bill for In ordinance IIIINaiaina to I Wle of Ille rqilleral eleclal's of
Engl~ood a question rqardin1 prapoa,d Chanc:r aaendmalls rdalM to ftaancial ilmea. Cunady,
Article IV . Scxtion 11 J defines the a_. thal ...a be IUlllaitlod to bid II SI0.000 lor ~ of
supplies. matenals or cquipmcnl and Scxtioll 116 au Ille w II Sl0.000 lor capilal iaplo. 1 n 11
Mr. Gr)·~iu aatcd thal due to inflatiowy prcuu,a llaft' ,-mcadl dtll llmc liails Ill t:IIMallll lO
125,000 and S5tl ,CIIIII rcspccti\'Cly . Also. he explained Ille Cllancr -W Ill CUllllli 10 lllow Caacil die
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July 17, 1995
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option of using emergency ordinances to inc:ur indebtedness or authorize debt without being subject to the
referendum period . He pointed out that. while on the swfaa: this appears to lake away-oCtbc power
of the voters. the ,·oters must give permission to issue ddJt in the fll'II plate as requinld by Cbartcr and
TABOR. Director Gryglcwicz advised Iha! this will allow the City to issue debt and probably Fl more
bidders and a better rate under the competitive bidding procas.
Mayor Bums asked a question regarding the lcplity ol altering the rd"Cfflldum power .
Director GryglC\\icz stated that this power is to be used at Council's discretion when inteRst rates are
changing for bonds.
Council Member Habenicht asked when the previous figures .a-c ICl . Director Gryglcwicz fdt it -
1987.
Mayor Bums commented thal as the price or vehicles has risen about S2S.000 Council will be in the
position of appro\'ing every ,·chicle 1hc City purchases .
The City Clerk was asked to read Council Bill No. 39 by title :
COUNCIL BILL NO . 39. INTRODUCED BY COUNCIL MEMBER HATHAWAY
A BILL FOR AN ORDINANCE SUBMITIING TO A VOTE OF TifE REGISTERED ELECTORS OF
1liE CITY OF ENGLEWOOD AT 1liE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION
PROPOSED AMENDMENTS TO 1liE CHARTER OF TifE CITY OF ENGLEWOOD, COLORADO
REGARDING FINANCE ADMINISTRATION .
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPllOVE
AGENDA ITEM 11 (a) (iii)· COUNCIL BILL NO. 39.
A~cs : Council Mcmbcn Hathaway, Vormittag. Wiggins, Hllllellidll.
Waggoner. Waldman. Bums
Nays : None
Motion carried .
(h) Director Gryglcwic-L presented a recommendation from the Dcpuunenl ol
Financial Scr\'iccs to adopt a bill for an ordinance submitting to a vote of the registCl'Cld declors ol
Englewood a question. which if passed. will allow the City to incur SW0.000 of bonded debt and the
authori7_.llion 10 impose propen)· tax to pa~ the Debt Scn'icc for rm equipment . He Slated thal this issue
was addressed at the June 19. 199~ Study Session where it was agreed to split this debt isluaace fium thc
communication center
The Cit) Clerk was asked to read Council Bill No . 42 by title :
COUNCIL BILL NO . 42 . INTRODUCED BY COUNCIi. MEMBER HATHAWAY
A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF 1ltE REGISTERED ELECTORS OF
1liE CITY OF ENGLEWOOD AT TifE NEXT GENERAL MUNICIPAL ELECTION A QUESTION
RELATING TO THE ISSUANCE OF BONDS AND AlmlORIZATION OF A PROPERTY TAX
INCREASE TO PAY FOR THE PURCHASE OF FIRE EQUIPMENT.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPllOVE
AGENDA ITEM 11 (a) (i,·) • COUNOL BILL NO. 42.
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Ellcb·ood Cit!' Council
July 17, 1995 ··~9
Motion c:arried .
Ayes : Council Members Hathaway. Vonnittag. Wiggins, Habenic:ht,
Waggoner. Waldman. Bums
Nays: None
M Direaor Banhlomc presented a RICOllllllellda l'nlm Ille Dc:partmeat m
Administrati\·e Sc:n·ic:cs to adopt I bill for an ordiaancc submittina ID I WIC m Ille lqiacnd deaars m
Englc:woocl a proposed Chancr fC\'WOII regarding the Cancr Scrvic:e Sytlcln. SIie explaiMd dial Ille
proposed Chanc:r amendment will allow hearings for disc:iplinary merit appeals. ~ Md far an
arl>itrator in c:ases or impasse. Ms. Banhlomc noted this proposal 1111 been pul laFlla ill CXJlillllClioa
with the three employee associations, the Englewood Firdigh&crs' AaocillioP.. die E-,lcMIDd Palicc
Benefit Assoc:iation and the Englewood Employees' Aaocialion. SIie IIMllltl dial Ille~ Caner
Scrvic:e System went into c:fl'cc:t in 1969 and since thal time employmcal law and labor law ha\'e become
very c:omplex . Dircc:tor Banhlome noted that Council has received information lisliDg -mthe
benefits of this proposal as well as recommendations from the Career Scrvic:e Board. which were
submitted after they held a Public Hearing on this issue last Thursday. She Slated that some of the
rcc:ommcndations have been incorporated in the proposed a>uncil bill .
Mayor Bums noted that other versions or this a,uncil bill were prcscnled to Council and rcvicwcd at
Study Session. He asked if there were any other questions or amcndmcnts to the council bill .
nae City Clerk was asked 10 read Council Bill No. 38 (version l'WO) by title:
COUNCIL BILL NO . 38. l~ODUCED BY COUNCIL MEMBER HATHAWAY
A BILL FOR AN ORDINANCE SUBMIITJNG TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELECllON
PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF ENGLEWOOD. COLORADO
REGARDING SUBJECTS FOR COLLECTIVE BARGAINING. IMPASSE RESOLU110N. THE
CAREER SERVICE SYSTEM . DUTIES AND POWERS OF THE CAREER SERVICE BOARD AND
EFFECTIVE DATE-VESTED RJGHTS UNDER THE CAREER SERVICE SYSTEM TO PROVIDE
FOR A BINDING ARBITRATION PROCESS .
COUNCIL MEMBER HATHAWAY MOVED.AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) M • COUNOL IILL NO. JI.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AN
AMENDMENT TO VERSION 1WO OF COUNOL IILL NO. JI THAT THE CITY ATTORNEY
SHOULD DRAFT LANGUAGE THAT WOULD IN ESSENCE ELIMINATE THE CAREER
SERVICE BOARD AND SUISTITUTE A HEARING oma:a PROCESS INSTEAD OF THE
AD HOC COMMITTEE THAT WAS ORICINALL Y PROPOSED IN VERSION 2.
Council Member Habenicht quesaioned whether ,'Cl'Sion two iDdudcs all mthe ~ l'ram die
Career Scr\'ice Board City Anornq• Brotzman ad\'iscd thal version IWO. with Council Member
Hathawa) ·s proposed amendment. fully comphcs •'ith the rccommcndalions made by die Cancr SclVicc
Board. Vcrston two as amended substitutes a Hearing omc:cr and diminatcs die Career Scrvic:e Board•
was rccomniendcd b) the Career Sen·1a: Board 11 the hearing.
VOk multi oa tM aaCl!daeal:
A)CS. Council Mcmbc:rs Hatha•'II)'. Vormitlq. Wigins, Habenicht,
Waggoner. Waldman. Bums
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E•~·ood City Council
July 17, 199~ ••i:c 10
Nays : None
Motion carried.
Vau .-Its OIi aaci011 to appl'9\t c...dl llill No.• a--*':
Motion carried.
(b)
Ayes : Council Members Halhaway. Vonniuag. Wigim. ~
Waggoner. Waldman. Bums
Na),;: Nolle
AppnM oa Sccoad Reading
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There were no addilional i1ems 1Ubmincd for approval on second readiaa. (See A,-11 Ilea 10 -C-
Agcnda.)
(a) Mayor's Choice
I. Mayor Bums n:poncd on bis July 13 and 14. 199S trip to Wwilllk'". D .C . He llalCIII die maill
objccli, -c of the trip was 10 get the mppon of the Colorado senators for die Soudtwal Corridor Lipl Rail
projca. He and Lilllcton Mayor Dennis Reynolds IIICl 111ith Colorado Scnalors Campbdl and Brown. IS
111'Cll as Mr. Linton. Fc:dcral Transit Administrator. Ma)w Bums a&Jled lie-adYilcd this cwailll dlal
Senator Brown plans 10 111Tite a letter to Senator Mark Hatfldd. a.au-a of the Appraprialioas
Commincc. asking that he add the S 15 million n:qucsa for funding to the Senate ~ biU .
(b) Council Member's Choice
(i) Council Member Hathaway mentioned thal Marjorie Reic:hndl, wllo-kiUcd
in a car accident on lnterst:ite 225 . •-as an Englewood RSidcnt. She-a sinalc modlcr ofdiree and a
fund has been SCI up al Non>'CSl Bank to help the family.
(ii) Council Member Wiggins stated he is c:onfidcal that Ille .-y ..-by die
City to send Mayor Bums to Washington D .C . bas bClea money well spcDL He feds die Cily will llaldit
from the Ma~or·s clfons and he thanked him.
(iii) Council Member Waldman:
I . He stated the O\mcr of Quid-Way Dry Cleaners at lS07 Soudi Lapa SUa:l is c:omplaitwll that
he has had nmdcy water for about a month. Council Member Waldaala 8llked tllat llaft' ilwellil* Md
address his concerns.
2 . He stated the neighbors around Duncan Puk ""t cxpRacd CDaQCf'D rqarclias late night
loitering and acti\·itics. Mr. Waldman asked tllat paUOI be llcpped • ia 11111-.
(i,•) Council Member Habenidll ClOIIIIIICllded Ma)'Of aw. i1r all die-" be Ila
done i11 an clfor1 to secure fundina for the lighl rail pn,jcct. Sbe llllcd dial lie i. lllowll ...,... clear
leadership and has made the City ,uy proud.
13 . City MuallN''• lle,ert
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Ea~·ood Cit)· CCN11icil
July 17, 1995 ••&e ti
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(a) City Maaa,cr Clalt providDd a Rede\Jel1111• ~11 ltcporl CNI Cilldc:ldla City. He adviad
lhal he and Skip Miller IIICI willl Ric:11 ~ letired a..d ol MIii ti I a Eqailllllc Ral
Esl.alc. in Allanla lasl Frida)'. Mr. Clalt llalCld it w a WI)' pt t SM ..... ad Ille will lie lqllll1iDg
to Council on that mcctiq lalc:r . He aclled 11111 --•...-a•• wllO will-* COit ol
cnvironmenlal rcmcdialion. Mr. amt.._ dlal lllc will ... widl MIIIWilc C.pwlliclll affic:ials in
Cincinnati on Augusl 22. 199S . He iq,olled lUl -ae lwlled • + ill priacipll. widl die
Millcr-KilChdl l>e\dopmall Compuy. Mr. On ........ Ille ............. rcpnliJII die
Monlgomc:ry Ward lc:nc.
Cb> City Muaaer amtjoillCld die City~•, a ·• • ~ Scllioa
immcdialdy following the c-il UUIIICliq. He .... Ille ....... .._ .... --...uer with
Council.
COUNaL MEMaER WICCINS MOVED. AND IT WAS SECONND. TO GO INTO
EXECUTIVE SESSION IMMEDIATELY FOLI.OWING THE REGULAll CIT\' COUNCIL
MEETING TO DISCUSS A REAL ESTATE MA1TEll
Ma)u Bums added that All~· Manin 5anplc has pn:pan,d a drift oldie City Manager's_._ ud
would like 10 discuss Ibis •;th Council 1onighl during EXCICUIM Session.
A)·CS : Couacil Members Halllna)'. Vormittag. Wigias, Habcaiclll.
Waaoacr. Waldman. Bums
Nays: None
Motion carried.
COUNCIL MEMaER WICCINS MOVED, AND IT WAS SECONDED, TO AMEND 11IE
MOTION TO INCLUDE, DURING THE EXECU11VE SISSION IMMEDIATELY l'OLLOWING
THE REGULAR CITY COUNCIL MEETING, THE DISCUSSION Of A l'EIISONNEL IIIATIDl
AND A NEGOTIATION STRATEGY.
A)'CS : Councii Members Hadla.11)'. Vormina&, Wigins. Habeaiclll.
Waaoacr, Waldman. Bums
Nays : None
Motion carried.
Ci1y Ano~· Brotzman did not ha\-c any mailers to bring before Council.
COUNCIL MEMBER HATHAWAY MOVED TO ADJOURN. The mcctiq adjaunled • 1 :29 p .m.
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PROCLAMATION
WHEREAS, the Englewood Junior Chamber of Commerce (Jaycees) has been a
leadership Organization for over 59 years in Colorado; and
WHEREAS, the Englewood Junior Chamber of Commerce is interested in
contributing to the Englewood community by assisting with seivicr projects; and
WHEREAS, the Englewood Junior Chamber of Commerce is a member of the
United States Junior Chamber of Commerce and Junior Chamber International; and
WHEREAS, the Englewood Junior Chamber of Commerce is sponsoring the
Carson and Barnes Circus on August 12 , I 995 at Stapleton Airpon;
NOW, THEREFORE, I, Thomas J. Bums, Mayor of the City of Englewood,
Colorado, hereby proclaim August 12, I 99S as:
CIRCUS DAY
in the City of Englewood, Colorado, and I cncouragc all interested Englewood
residents to panicipate in the festivities presented by the Englewood Jaycees and the
Carson and Barnes Circus.
GIVEN under my hand and seal this 7th day of August, I 995 .
Thonw J. Bums, Mayor
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COUNCIL COMMUNICATION
DATE
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AGENDA ITEM
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SUBJECT South Denver
August 7, 1995
INITIATED BY:
City Planning & Zoning
Commission
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Medical Plaz.a Planned
Development
STAff SOURCE:
Harold J. Stitt, Planning
Administrator
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION;
City Council Goal: Economic Development
Previous Council Action: City Council set a public hearing date of August 7, 1995 for this
matter.
RECQMMENDm ACTION;
City Council is requested to approve the South Denver Meilical Plaz.a Planned DevelopmcnL.
BACKGROUND. ANALYSIS. AND ALifllNAJDU P>RI I atJEQ;
The subject site is zoned for B-2, Business, and B-1, Business, The west side of South Lin-
coln Street was the former site of Covert Auto Body, and is currmdy undeveloped. The east
side of South Lincoln is an undeveloped parking area.
The proposal is to develop a 43,500 square foot, tw&story, medical office buildin&-Devel-
opment of the site with the medical office buildin& docs comply with the Comprehensive
Zoning Ordinance, and is consistent with the Gcncralized Land Use Section of the Compre-
hensive Plan. There is insufficient space on the site ID provide all the required parking, and
the proposal includes development of a currcndy undeveloped puking area on the east side of
South Lincoln Street. The applicant has also secured an apecmcnt with the Archdiocesc of
Denver for use of a parking lot on the south end of the block on the west side of South Sher-
man Street, which is used by St. Louis Church. The applicant has met with the Utilities Dc-
panmcnt and has resolved the issue of protection of the City Ditch u it crosses the subject
site.
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ff the applic:ation for Planned Development approval is not approved by the City Council, the
site may remain vacant and non-productive.
1be l*opcwl drNeq ikftt will gmenle income flOm Buildin& Permit fees. Penonnel wort-
inc in the new cle¥dofi@Nwc could ameraae lMitimll Illes tu revenue from lb,lppi1• local
l'Cllail ..._ New dewlopmmt will Ibo inaeue l*ope.ty IU nMIIUel IO die City.
UST Of AJTACffMINJS:
Raolution
Findinp of Fact
Staff Report
Ap'eement with Archdioc:ae of Denver
l..icenle Apeement with City of Englewood on City Ditch
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FINDINGS OF FACT
1. THAT the Public Hearing was initiated upon an application filed by the 3299 South
Lincoln Street Partnership, Kevin Gallacher, General Partner.
2. THAT the Notice of Public Hearing was published in the Englewood, ~ on April
6, 1995.
3. THAT the property was posted the required minimum 15 day period, said posting pv-
ing notice of the dare, time, and place of the Public Hearing.
4. THAT Planning Administrator Stitt presented testimony regarding the proposed devel-
opment of the site, reviewed comments and concerns voiced by odtcr City Depart-
ments, specifically the Utilities Department regarding the integrity of City Ditch.
5. THAT Jim Morgan. Vice President of Lee Architects, testified to the physical nature
of the proposed development. and revisions that the applic:ints have made in their pro-
posal to address concerns of the City . The applicants are negotiating an agreement
with the Arc!'ldiocese of Denver for joint use of parking currently used by St. Louis
Church. and will present a signed agreement to the City .
6. THAT Mr. Morgan further testified to the intent of the applic:mts to preserve the in-
tegrity of C ity Ditch by covering it with a conc:me slab. Testimony was also presented
reprding storm dninage provisions on-site.
7. THAT Mr. Morgan suggested the small, trianplar-shaped parcel owned by the City of
Ez1&}ewood. which is currently unimproved but used for parkin&, be landscaped by tbe
applicants to se.-ve as an attractive park-lie area.
8. TIIA T Commissioner Homer posed questions reprdiJII dinaioaal sipa&e ID and
within tbe parkin& locs, landscapina of the putciDa Jocs.. Comarinioaer Homer funber
commented that the parkin& ratio for medical office compiaes is cum:ntly 5: 1,000
square feet rather than the 3: 1,000 square feet com&ioed in the Comprehensive Zoninc
Ordinance.
9. THAT Ms. Darlene O 'Neil questioned tbe drainqe plan and expreued conc:em that
increased draiJla&e mi&ht impact their property aloft& South Broadway.
10 . THAT Earl Ladewig asked for assured coopemion reprdin& a jointly used curb-cut
and expansion of the curb cut on his property; he expressed conc:em that a wooden
fence on his south property line would be damapd by vehicles parkinc on the medical
plaz.a property ; expressed concern reprdin& use of the parkin& lou by patrons of tbe
Gothic Theater concerts and the ·tmhinc" of the parkin& lots and adjacent properties by
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If the application for Planned Devdopment approval is not approved by the City Council, the
site may remain vacant and non-productiYe.
QNANCIAL IMPACT:
The propmed ~t will geneme income from RniJclins Permit fees. Penonnel work-
ing in the new deYelopment could genenle l'MiM!ial sales IU l'eWilllle from shopping local
retail SIOl'eS. New ckw:lopment will abo inaeue property IU rew:nues IO the City.
LIST Of AJTAQIMPITS;
Raolution
Findings of Fact
Staff Report
Agreement with Archdiocese of Denver
License Agreement with City of Englewood on City Ditch
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
IN THE )IA Tl'Ell OF CASE ll-95
FlNDINGS OF FACT, CONCLUSIONS
AND RECOMMENDATIONS RELATING
TO A PLA."iND> DEVELOPMENT FOR
SOUTH DENVER Mll>ICAL PLAZA,
3299 SOUl'II UNCOL""i STREET,
ENGLEWOOD, COLORADO aouo
F1LEDBY
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3299 S. LINCOL~ STREET PARTNERSHIP )
KEVIN GALL\CHER, G~ PARTNEll)
3299 SOlilH LINCOL.""i STREET )
ENGLEWOOD, COLORADO 80110 )
FINDINGS OF FACT AND
CONCUJSIONS OF TBE
CITY Pl.ANNING AND
ZONING COMM&ION
Commission members present: Homer, Redpath, Tobin, Weber, Douglas, Dummer
Ma.son
Commission members absent: Garrett. Shoop
The application for approval of a Planned Development was heard before die City Planninc
and Zoning Commission on April 18 , 1995 in die City Council Chambers of die Enp:wood
City Hall .
Testimony was received from SQff, from die applic:am, and from members of die auctiena:.
The Commission received die Notice of Public lfcuinl, Cenificalion of Postiq, die Slaff Re-
port, and revised plans for the Planned Development. all of which were incorponled iD1D IDd
made a part of the record of die Public Hcariq.
After considerin& the swements of the wimesses, wl nMCwia& die pertinent documena, die
members of the City Planning and Zonift& Commission made die followiq rmdinp IDd
Conclusions. ·
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FINDINGS OF FACT
l. THAT the Public Hearing was initiated upon an application filed by the 3299 South
Lincoln Street Partnership, Kevin Gallacher, General Partner.
2. THAT the Notice of Public Hearing was published in the Englewood lkilll!1 on April
6 , 1995.
3. THAT the property was posted the required minimum 15 day period, said posting giv-
ing notice of the dare, time , and place of the Public Hearing.
4. THAT Planning Administrator Stitt presented testimony regarding the proposed devel-
opment of the site, reviewed comments and concerns voiced by other City Depart-
ments, specifically the Utilities Department regarding the integrity of City Ditch.
5. THAT Jim Morgan. Vice President of Lee Architeets, testified to the physical nature
of the proposed development. and revisions that the applicants have made in their pro-
posal to address concerns of the City . The applicants are negotiating an agreement
with the Arc!tdiocese of Denver for joint use of parking currently used by St. Louis
Church. and will present a signed agreement to the City.
6 . THAT Mr. Morgan further testified to the intent of the applicants to prcse:-ve the in-
tegrity of City Ditch by covering it with a concreu: slab. Testimony was also presented
regarding storm drainage provisions on-site.
7 . THAT Mr. Morsan sugested the small, triangular-shaped parcel owned by the City of
Englewood . which is currently unimproved but used for parkin&, be landscaped by the
applicants to se:ve as an attractive park-like area.
8. THAT Commissioner Homer posed questions rqardinc directional sipce to and
within the parkms kxs, WMlsc:apinc of the parkins lots. Commissiona: Homer further
commented that the par1tinc ruio for medical office complaes is currently 5:1,000
square feet ruher than the 3 : 1,000 square feet contained in the Comprehensive Zoainc
Ordinance.
9 . THAT Ms. Darlene O 'Neil questioned the dninace plan and~ concern that
increased dnina&e might impact their property along South Broadway .
10. THAT Earl Ladewig asked for assured coopemion rqardinc a jointly used curl><ut
and expansion of the curb cut on his property; be expressed concern that a wooden
fence on his south property line would be damapd by vehicles parking on the medical
plaza property; expressed concern reprding use of the parking lotS by pauons of the
Gothic Theater concerts and the ·IJ'Uhing" of the parking lots and adjacent properties by
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those patrons; discussed the general condition of the alley and the poor drainage which
currently exists.
11. 1'HA T John Schieving testified to conccm rcgardin& on-street parking, to the fact that
the garage on his property is too small to accommodate his vehicle, and wanted assur-
ance that be could park "in front" of his property. Mr. SchieviJI& also 11:Stified to the
residential nature of the block even though it is zoned for business deYdopment, and
asked that the mcdic:al plaza development not be allowed because it would ruin the resi-
dential cllaracter of the neipborbood.
12. 1'HA T Kent Krausman testified to his affiliation with the Gothic Theater, to proposed
changes of venue at the Thearer, and the anticipated resulting chanp of the pattons at-
tracted to the presentations.
13. 1'HA T Commissionc:r Dummer inquired rcgardin& City responsibility to improve the
alley, to which Mr. Stitt responded that alley improvements are the responsibility of the
adjoining property owners.
14. THAT Commissioner Tobin expressed concern regarding the parking agreement with
the developer and the Archdiocese of Denver , and the ramifications if the agreement is
terminated in future.
CONCLUSIONS
1. 1HA T proper notice was published in the EncJcwpod Bmkl, the official City News-
paper, on April 6, 199S, and the property was properly polled sivinc nocice of the
dare, time, and place of the Public Heariq.
2. 1HA T testimony was received from Slaff, from the applicant ,epusntalive, and from
members of the audience.
3. 1HA T written infomwioa, in lbc form of the Staff Report, a wtitren swemer,t clued
April 18, 199S and revised plans from the applicant, we:ie receiWld and incoq,onlled
into the record of the Public Harin&-
4 . 1BA T the proposed conmuction of the medical complelt is in compliance with the
Comprehensive Zoning Ordinance and the Comprehensive Plan.
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STAFF REPORT
CASE NO. 2-95
STAFF REPORT RE;
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South Denver Medical Plaza Planned Development
DATE JO BE CONSIDQED;
April 18, 1995
NA,ME AND ADQBES§ Of APPLICANT:
3299 South Lincoln Street Pannership
Kevin Gallacher, General Partner
3299 South Lincoln Street
Englewood, Colorado 80110
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PLANNED DEVELOPMENT
PVIYC Blc\BfflG
'.\'A.ME A~ ADDRESS OF PRQPER:O: OWN'ER/LESSQ;
3199 South Lincoln Street Partnership
Kevin Gallacher, General Partner
3199 South Lincoln Street
Englewood, Colorado 80110
zorq; DISTRICT:
B-1, Business District
B-:. Business District
RELATION JO COHlBIBP'SYE PL\N;
The 1979 Generalized Land U• Map dai.,.,,• this.._ u part ol'tbe C.... Buenee Dillrict.
The proposed medical office buiJdiaa is con•-wida this driprion
LEGAL PESC1UPTJQN;
Lots 25-38, Block 5, Rose Addition
Lots 17-24, Block 6, Rose Addition
LOCATION OF PROPERTY;
The subject property is loc:aied in tbe area bounded by East Ginrd AWIIIII oa the nonb, South
Lincoln Street on the east, East Floyd Avenue on tbe south. mt Sourb Broadway on rbe west .
The site is currently undeveloped and is 1.443 acres in area.
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PROCEDURE:
The Planning Commission is required to hold a Public Hearing on the proposed Planned
Development. The recommendation of the Planning Commission to approve, or deny the Planned
Development must be forwacded to City Council within thirty days of the Public Hearing. City
Council may choose to hold a Public Hearing on the proposed Planned Development or the City
Council may act upon the recommendation of the Planning Commission without holding a Public
Haring.
COMMENTS fROM OJBEB DEPARTMENTS:
Safm Services -Community Services: All consauction must comply with applicable building
codes .
Public Works -Engineering Services :
All adjacent concrete must be brought up to City standards .
All unused curb cut must be closed .
Five handicapped spaces are required.
Two parking spaces in the west lot and four parking spaces in the east lot must be
eliminated due to conflic-.ing turning movements.
All 90 degree full sized parking spaces shall be 9' by 19'.
Approved parking, handicapped parking and traffic direc:tional signage shall be installed in
all parking lots .
Trash facilities must be located so u not to be obstructed by parking spaces.
I.llilwes
The City Ditch mandcn northweslerty acrou Parcel '"C" wbich is the propmed pnina
area on the northeul corner of South Lmcom Street aad Eut Floyd Avenue. tbe
location of the City Ditch mmt be indicated on the plw for du parcel. Coaract the
Utilities Department for HPstance in locatina the pipe.
The grading plans must show the top of the pipe in relalion to all eanb work and in
relation to final grade.
The existing City Ditch "pipe" is frasile and very shallow. Loads to be placed on the pipe
are a major concern. If the cover over the pipe is not = to protect the pipe ftom
heavy equipment during grading ~_paving. and from cars aad auda. the pipe
will have to be replaced to City specifications. Whether or not the pipe IIIUll be replaced
is at the sole discretion of the City's Utilities Department.
The City Ditch is operued from April tbroup October. tbe Caty bu coalrldlla1
obligations to deliver water to Denver . S1uuiq down the Dilcb is not poaible.
Improvements to the Ditch must be performed from November throup March.
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Any existing water service laterals not to be used as part of this development shall be cut
at the main prior to consuuction.
Any existing sewer service laterals not to be used as part of this development shall be cut
at the property line prior to construction.
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PR.\BDJEYT OF COMMUNTQ' DEVELOPMENT ANALYSIS:
The proposed South Denver Medical Plaza Planned Developmem is for the development of a
43,355 square foot two story medical office building. The subject site comaim approximately
1.443 acres or 68,673 square feet and is cum:ntly vacant.
In reviewing a Planned Development the following standards are to be applied:
1. Uses permitted. The use of the property which is the subject of the Planned Development,
shall be a Permitted Principal Use in the Zone Disuict in which the Development is located.
or a use pennined pursuant to other provisions of the Zoning Ordinance.
Medical office buildings are permitted uses in the B-1 and B-2 zone districts.
2. The Planned Development shall be consistent with the intent of the Comprehensive Plan and
the policies therein.
As part of a Central Business District, the proposed South Denver Medical Plaza is
consistent with the Comprehensive Plan.
3. The Planned Development's relationship to its surroundings shall be considered in order to
avoid adverse effects to the existing and possible future development caused by traffic
circulation, building height or bullc, lack of screening or i.nuu5ions of privacy.
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The proposed South Denver Medical Plaza bas been sited to reduce the impact on
the adjacent area and take advantage of the topography of the site.
Minimum requirements for usable open space shall be set through the overall design and
amenities proposed for development.
The proposed ·development is required to provide total landlc:aping that equals
l 0% of the lot area with one half of the landscaped area in liWII plant macerial.
Based on a lot area of 68,673 square feet this development lllllll provide 6,167
square feet of total landscapiq and 3,434 square feet of live plant macerial.
Additionally, one street tree is required for each fony feet of street frontap. The
total street frontage of this site is 799 feet and thus requires 20 trees on the lite.
The landscaping provided exceeds these requiremcms .
The number of off-street parking spaces in the proposed development shall not be lea than
the requirement of Comprehensive Zoning Ordinance .
The proposed plan shows a total of 120 parking spaces beina provided. fbur of
which are handicapped desigrwed. The number of spaces required fbr mil
development is based on one space for ear.h 300 square feet of net rerable ara.
(excludes public: area, common hallways, and common bahrooms .) The na
leasable area of the proposed development is 37,268 square feet which would
require 124 parking spaces of which ftve must be handicap acceuible. The Cay's
Traffic Analyst has indicated that in the east lot four spaces must be elimiJWed due
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to conflicts ( one space at each end of the southern and northern rows) and in the
west lot two spaces must be eliminated due to conflicts ( one space at each end of
the northern row.) The net result is that the proposed plan is deficient of the
required parking by ten spaces.
6. Site Plan. The approving agencies shall be satisDed that the site plan for the Planned
Development meeu all the following requirements :
J. If the proposed development includes multi-wnily or nonresidential buildings or
structures and is adjacent to a single f.lmily residential use district. tbe development shall
contain a bwfer.
This development is not adjacent to a single-f.lmily residential use disuict but is
adjacent to a single-wnily residence. A laadsnped bu1fer is proposed between
these two properties adjacent to an existing fence .
It. Within the Planned Development, sufficient space must be provided between buildings
and snucrures, giving consideration to their intended use, their location. design and height,
the placement and extent of w:ing window areas, and the topography and other such
other natural features as will assure privacy and a pleasant envirorunent.
The proposed deveiopment contains a single two story building and is designed to
be compatib le with the existing neighborhood and the unique topography of the
site.
~ If the area of the development is such that an internal circulation system is necessary,
such a system shall be designed for the type of traffic that will be generated, and all curbs
at entrances and other access points shall have ramps to facilitate access for the
handicapped and bicycles .
The imema1 circulation system meeu this criteria and bas been dcsiped to provide
adequue access to the site .
d.. Bicycle and pedestrian trails are to be provided wlme the City bicycle and/or trail plaa
or the Regional Bicycle Transporwion Plan shows such trail or trail corridor.
No trails are proposed for the subject sile.
'-. The site plan shall provide for the maxiDam preservation of nannl drainage area,
vegetation and other desirable features .
Cu.rrentiy the entire site is undevdoped and will require e:xcaVllion to
accommodate the proposed development. There are no nannl features on mis
site tlw must preserved. A drainage report is required but hu not been submitted.
RECOMMENDATION :
The Department of Community Development recommends that the South Denwr Medical Plaza
Planned Development be conditionally approved but not forwarded to City Council until the
following issues are resolve to the City's saris&ction:
All adjacent concrete must be brought up to City standards .
All unused curb cuts must be closed.
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Five handicapped spaces are required.
Two parking spaces in the west lot md bar parking spaces in the eat lot mmt be
eliarimted due to con6icling turning mowmeau md a total of 124 parkias spaces mua be
provided .
All twl sized parking spaces shall be 9' by 19' md -a aot OYel'haag aaro public ript-of-
way.
ApproYed parking. bandicapped pmiDa md adlc dilec.1ional ..... shall be imlalled in
all pariang Iota.
Truh &ciJma 111U1t be located 10 11 aot to be oblaucted by p1m111 spaces.
The~ plas must show the top oftbe City Ditch "pipe" in relation to aD earth work
md in relalioa to final grade.
Any e:xisang water scrvic:e laterals not to be med u put of this development shall be cut
at the main prior to COIISU'Udion.
Any existing sewer service laterals not to be med u part of this development shall be cut
u the property line prior to consuuction.
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PROOF OF PUBUCAllON
THE ENGLEWOOD
HERALD
STATE OF COLORADO )
>• CXl.NTYCFAAAIW ICE )
I, a.an, J. l**Y do~ -
ta I am 1w A 7 ••--, A.ISllllfWCII
.. ElftlalGOd,,.,., ........ ii
a WNNy,...... pdllm In tw Cly
of l...illlllOn In .. Counly of ........
Slale of Q"2 -*' , and ha a gaMral
dlaMDn~ta181da......, ...
been published continuouSly and
~ln181dCculyCII C; 7W
tar a pmtad CII 11'119 IWI 52 ..... ptarlD
1w ... piM:llorl CII .. ...-raiDe.
... said ........ ii er1lnd In .. Pall
Clli:e CII ......_ Clllnllb, a aaand
class mall matter and that the said
newspaper ii a newspaper wiltin the
meaning of the act of the General
Assembly of the State of ColofadD,
~ Man:11 30, 1923, and.,....
,.. NallcN and~ and
other acts '9laling IO the prtrtlng and
publishing of legal notice and WU
pdltmlnlwllVSan:1 ... ..,.CII
said IWodPIPII', ora ..it week. on 1w
anectarCll..::tlWNk.
tor a period of ........ -...... / ............•....
consec:utive inMrtions: thal the first
publieation Of said notice was In the
Q'.*,;~::~ ~~~
dat'b.{f·· ··~···· .......... 19 ... . n.J ............................ ······
Signature
Subscribed and sworn to before -tlv
rne.a~~~ .. c20. .... -·
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PROOF OF PUBLJCATION
THE ENGLEWOOD
HERALD
STATE OF COI..ORADO )
>• <Xl.MYCFAIWW IE )
I, a.ad J.,...., dD 1C111rr'nr -
.. I lffl 1W A 7 7 f Md AAlllllllf'd
twa-ad,,_,,, .. ,._ ..
a ..... HI .,_ pjlllllal In .. Clf
cr1 1..11111111111 .. Courly of •• n u.
-of c:.nD ••• and ta • gllllllll .......... -.........
..... publlslled conllnuouslJ ... w•• --lnlllldOlutrd 1 QB] I I
1arapalladd1111119IWIS2 ..... .plar•
.... p~d ....... .....
.. llid I I QIJW II ..... In fW fllall
C:-.d~C 7 add .. .....
c:laU mal maaer and tllat Ille 1111d
Mwapapei' II a WIPII* wit*' ..
meaning of 11W act of Ille General
AaNmbly of Ille Slal• of Colla .....
IAJIOV9d Madi 30, 1123, and ...
'\.egll Nalila and Adwalw, ......
other acts NIiiing IO Ille prlnllng and
publishing of legal notice and ..
pdatmlntw ... and ....... d
said rw 11111*, ora _,...,an,.
sanedlydlKII_.
tor a period of ................ / ................ .
consecutive lnNillona: 1111111W 111111
publication of said notice ... In Ille
issue of said newapeper dlled
~·d·~id.:;;--
was In lhe Issue of said~
dat'b.y·· ··~···· .......... 1st:::.
A_.-!:, ................................. .
Signature
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a1aEWOOD· -·a-,..--~-=s. .!,. •• ---·----------liiiiiii-i =---------..... ~ -:=:.·-:---.;:· =----r-~--: ==~-=-==--=· ----···· -.. ·-··-., o..:l. -.... ...,._ -. _.._ __ ' -· = -----1&---·
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PROOF OF PUBLICATION
THE ENGLEWOOD
HERALD
STATE OF COLORADO )
>• CXl.NTY~AfWW IE )
I, a.wfl J. ,,,,.,,,, di) lllllrmlr -.... .., ..... 77,..,. 77 d .. a.......,,,,,., ,. .. _ .. a..._,.,.,....,...._ .... arr
ol LIIIIIDn In .. Counly ol ..... ..
Slale ol OoAo ..... and Ila a gll*II
dlaMDnlWWl:hl lJld"' ,.. ..
been published continuoust, and
~lnlllldOlutyd,' -
1Dr a pellad GI fflDl9 hl'I 52 ..... plarlll
tw .. piM:IIDn GI .. arw.-t nalae.
--....... illertnd In .. POii ca» GI uaalan. am-ta, • ..xllld
ctus mail matter and that tlw uld
newspaper II a newapaper wltNn ..
meaning of ttw act ol tlw General
Assembly ol ttw State ol ColrndD.
appoved Madi 30, 1923, and el'lllled
'\.eglll Notaa and~ and
other acta IWllng IO tlw prlnllng and
publishing of legal notice and ..
..................... GI
laidrMilPIPl'",anae..,..welk.an ..
...,..GI ........
I tor a period ol ····························•••···••· conMCUti¥9 lnNltiDna: 11111 b flrll
publlcallon ol uld notiCe ... In ..
issue ol uld Mwl~ dallld
~-;;·--~--
.. in ...... ol uld newapaper
dat'b.y···~···············1r.::.
A~ ............ ··············· .... . Signature
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CEITIFICATIOI 0 F POSTIII
[ 1 ATTICH H111HRW NEIi£
C 1
Cxl Cit, c-ctl
... -• 295 -·-----
AtUCMd ts a .-totnfll of a sttn u It ts eNCted • tlM follwt119 described
property.
AddrnS! 3299 S. Lincoln Street, Ea&levood 1 CO 80110
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• pertocl of __ 1_s ___ _.. ,,_ July U, 1995
to -August 7 • 1995
~ .. : . ··-··--···-···
·-·-. -···· ·-. --··-·
July· 11. 1995
ii&
State of Col_.. ~.,Ar" .......
5ublc1"1Nd IN ...,. '° llefen • tltla ___ //_6-__ du of ~<
lt f,f . 7 d
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''C k·ZF~ ~ . ... . ..
. ·c: A SO,VIU certtf1cat1• slllll14 lie ,.. .. ,ll'&llt fw MCIII lllttce ., ...... , ... Stp.
·s.c11 Cll"ttftcatt• 1111 lie ~tt.a 18 Ille •• s t of C....tty hftl_..i
prior to tM NNri .. or .....__.. at tM 111111 ... ,u...-
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COUNCIL COMMUNICATION
DAte: Agenm Item: Subiect: RADIO
August 7, 199 5 0 MAINTENANCE CONTRACT a1
Initialed ly: Suff Source: ROBERT ANDREWS ,
SAFETY SERVICES COMMUNICATIONS AND RECORDS
MANAGER
COUNCIL GOAL AND PltEVIOUS COUNCIL ACTION:
Council has approved previous contracts for radio maintenance with the same service provided
for at least the last ten years.
RECOMMENDED ACTION: Acceptance of the low bid for the .. lllllil•ma C1Dn11act
submitted by m Comnueiations, OelWer Colorado.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED: Radio maintenance is to be
provided for all two way radio equipment in the City of Englewood. This contr.K:t provides 24
hour response to the City's Police, Fire and Communications Center. STI NS held this contr.K:t for
the last year and has been very responsive to the needs of the city and .ire familiar with the radio
systems in the city. STI has made no exa!ptions to the any of the equipment in inwntory.
ANANCIAL IMPACT: The minimum amount ol this contract is $20,770.20 for the year. This
contract does not cover items that .e to be billed on a time and mateNh bnis. The Safety
Services budget covers this amount for 1995, and is proposed for 1996.
LIST OF ATTACHMENTS:
Bid proposal tabulation
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CITY OF ENGLEWOOD BID PROPOSAL TABULATION
BIO ITEMSISI -Radio Maintenance DATE OPENED -June 13, 1995
NO BIDDER RADIO MAINTENANCE -PER MONTH TOTAL REMARKS
1 American Communications
2 Communication, Syttem t2,328.69 $27,944.28 No Exceptions
3 Eric1aon GE Mobile Communication,
4 Motorola Communication, $2,299.50 t27,594.00 See Exceptions
5 OneComm
8 ......... Communlcatlone $1,730.85 '20,770.20 No Exceptions
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COUNCIL COMMUNICATION
Date Agenda Item Subject
August 7, 1995 Bill for an ordinance making
10 a ii changes to Title 4, Chapter 1,
Section 1 and 2 of the
Englewood City Code
Initiated By I Staff Source
Department of Financial Services Frank Grvalewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council has updated Title 4, Chapter 4, Sections 1 and 2 relating to the investment of
municipal funds on a number of occasions. Ordinance 1, Series of 1975 allowed the City to
invest in interest-bearing obligations of agencies of the United States of America. Ordinance
46, Series of 1982 allowed the City to participate in share certificates. Repurchase
agreements were allowed by Ordinance 1, Series of 1975. Ordinance 42, Series of 1990
allowed City participation in Colorado Local Government Liquid Asset Trust Fund . Collateral
requirements of banks holding City monies was approved by Ordinance 60, Series of 1976.
RECOMMENDED ACTION
Staff recommends Council approve the attached bill for an ordinance making changes to the
City Code Title 4, Chapter 4, Sections 1 and 2 .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City's Director of Financial Services, ex officio City Treasurer is charged with investing all
monies not immediately needed for operating expenses. The world of financial investment is
constantly changing, so a flexible investment policy is required . Although the Council has
reviewed changes to the City's Investment Policy in the past, no official action has been taken
on the document as a whole. The City's investment policy is comprehensive, and lengthy.
Therefore , this change does not incorporate the entire text of the Investment Policy into Code ,
but only makes reference to it in Title 4, Chapter 1, Section 2 of the Code . The attached bill
for an ordinance provides for greater flexibility, reduces time to adopt lengthy Code sections,
and requires Council to review and adopt the policy by resolution annually.
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RNANCIAL IMPACT
None
UST OF ATTACHMENTS
Proposed bill for an ordinance
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ORDINANCE NO . _
SERIF.s OF 1995
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BY AUTHORITY
ABILLFOR
COUNCIL BIU. NO. 48
INTRODUCED BY COUNCIL
IIBIIBBR~~~~~~-
AN ORDINANCE AMENDING TITLE 4, CHAPl'Ell l, SECl'IONS 1 AND 2, OF THE
ENGLEWOOD MUNICIPAL CODE 1985 TO PROVIDE FOR GREATER FLEXIBILITY
AND BBQUIIUNG COUNCIL TO REVIEW AND ADOPI' AN INVESTMENT POLICY BY
RESOLUTION ANNUALLY.
WHEREAS, Ordinance 1, Series of 1975 authorized the City of Englewood to invest in
interest-bearing obligations of agencies of the U. S. and repurchase agreements were
allowed ; and
WHEREAS, collateral requirements of banks holding City monies was approved with the
passage of Ordinance No. 60, Series of 1976; and
WHEREAS, Ordinance No. 46, Series of 1982 authorized the City's participation in share
certificates; and
WHEREAS, Ordinance No . 42, Series of 1990 authorized the City's participation in the
Colorado Local Government Liquid Asset Trust Fund; and
WHEREAS, the proposed amendments will provide for greater flexibility, reduce the
adoption of lengthy Code sections, and require the City Council to review and adopt the policy
by resolution annually;
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS :
Sertjon 1. The City Council of the City of Englewood, Colorado hereby amends Title 4 ,
Chapter 1, Sections 1 and 2, oft.he Englewood Municipal Code 1985 to read as follows :
4-1-1: DEPOSIT OF MUNICIPAL FUNDS :
The Director of Financial Services, ex officio City Trea&urer, shall deposit all funds and
monies of whatever kind that shall come into his possession by virtue of his office as such
Director in the name of the City, in one or more responsible banks located in the State of
Colorado which have therefore been approved and designated by resolution adopted by a
majority vote of the City Council . Slleh he111t er l,e11lt1 ,hall t.r11ish a liepesi'81') lle111i ••
shall tlepa1il. i11 eaerauu approuefl aee11riiie1 lie aee11re 811) 111eh tlepaaiN. (1962 Code I 5 .1 ;
amd. Ord. 63 Series 1990)
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4-1-2: INVESTMENT OF MUNICIPAL FUNDS:
The Director of Financial Services, ex officio City Treasurer, shall invest all funds and
monies not immediately needed for the operating expenses of the City, except for the
Firemen's Pension Fund, THE VOLUNTEER FIREFIGHTERS' PENSION FUND, the
Police Pension Fund and the City Employees· Pension Fund, 1119 fellew 1. PURSUANT TO
AN INVESTMENT POLICY WHICH SHALL BE ADOPTED BY COUNCIL
RESOLUTION EACH YEAR.
h Of the 111e11e) i11, est,ell, 11et less than fill) peree11t (fi9'lls) shall l,e i11, est,ell i11 .
a. 81111111 er ether i11t,ereet l,eari11g ehli,:atie111 ef age11eie1 ef the l:111iw,II s..t.ee ef h111eriea .
(Orli. 1 Seriea 1976)
3 . Share eeri:ifteat,ea fer aa, i11gs aee91111t, i11 911) 8'8t,e er Fellerall) ehaNrell ea, i11g1 a11II
lea11 aseeeiatitHI iR Coloratle, pre, itletl, how. e, er, tnai saill asaeeiat.io11 ia a 111eMher el 1hr.
Felleral 8a,i11gs a11II "-" l11Hra11ee Cerperatie11 (FSblC), a11II fttl'iher, dlllt. the foll
a111e1111t ef eaeh aeee1111t is i11111rell hi, Ille eaill FSblC, 91111 fttrtller, dlllit the f11II -e1111t ef
eaeh aeee1111t ie i11B11rell h) the eaill FSblC a11II i11 llill) tiffle eertifteate ef llepeeit er H, i11g1
aeeot111t in .,., Staie er 11a,ie11al 8811)1 i11 Calorada i11 n hieh eerlifieat,ea el Mpaait or
ee,i11p aeee1111'8 are NH, i11a11rell h, the Federal Deposit. l11111ra11ee Cor,eNtia11 or
eee11retl h, eellat,epa) eee11Pitie1 a11tltorieetl h, Coloratlo la oo ,,. hoee pal , ah1e ia a lea1• 011e
h1111llrell peree11t (199'lls) ef the llepeeite helll h) a11:, l,e,ilt i11 the 8'8t,e ef Celeralie i11 the 11a111e
efthe Cit). (Orll. ,s 8eriee 198al
,. 9epeeite whieh are a llireet el,ligatie11 ef die 8tMe ef Celeralle er ef 911:, e-t) er eeheel
tliatriet iherei11.
fi . Stale efCeleralle, 8'8t,e Higliwa, F1111II re,e1111e 911tieipatie11 warra11te.
&. Ro,uls •hieh are a flireet ce11eral ahli,:etia11 ef a11y eit:, a11tl eo11111, or iReo,pe,atietl eit,
er 18•11 i11 the St:ek ofColenule whieh hes e•iat,etl 00111ii1111011SI) •• a lawfttl eor,eNlie11 hr a
perieli efftR.ee11 (lfi) )ellin prier te the Maki11g ef 111eh i11ue1tlllellte
7 . Kep11reha1e ac,ee111e11t1 e11 tfte aheue eee11Piiiea. ~9rtl . 1 8erie1 1871:)
8 . 'Ale Celeralle beeal Ge,er11Me11t bi11ttitl ,\Net TNet F1111II . E9rll. •a Seriea 1999)
A. THE CITY SHALL DISTRIBUTE THE INVESTMENT EARNINGS AND
LOSSES IN THE FOLLOWING MANNER: ON A MONTHLY BASIS,
THE EARNINGS OR LOSSES SHALL BE DISTRIBUTED
PROPORTIONALLY, BASED ON THE AVERAGE CASH BALANCE
AVAILABLE FOR INVESTMENT IN EACH FUND . FUNDS
WITH NEGATIVE CASH BALANCE WILL NOT SHARE IN
EARNINGS OR LOSSES .
R. Gf'lihe Ma11iea i11uelMMI, Mi 111e,e Wla11 AA., ,eree11i ~iK) ahaH he i11ueNM i11 .
l . Necetial,le ee11ifieawa el 1hp11it ef Ille be11t) Ea9) larcu• 11ali111al ha•• eha"'8re4
1a,uler Yle leaa efW l:,T1111e,I 8•1ea e(.\Meriee.
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a . Gaaae•eial P!IO tr ef ilhe, cuts Me ~-) la,cea, eer,eraMe111 ereeietl er e•iNinc , .. ~er
lhe laWI f!ithe 1:1 .... 81a1e1 •• •, alak:, ••111 iet er MPPiior, ef ~e U11it,eti St.alee.
3 . E••••• ln1U, M • lnlUr (rllilrN4), &laluiar.tl • Peer'11, Mee.ti,01.
ii ......... ,., _,,.,.eea.
I . R1, t r •• •• • la• •,e 111lll'iMea. (9Nl l &eriee 19!1&)
G. Sai• Ril"11kr ahall r91111ire eellMeral wwiliea whaae 111arlaet, ,ah1e ia • leatl a11e
h ...... ,--, 0~) eftille .tlepe:lila heW l,J an, NRII i11 Ille&._.. efGeleralie i11 Ille 1-e
el lhe G-,. 'RI-11IIMeral eee11riaee ahall IN till•• lleeigll•ll i11 a,tiele '16, .._ 1M, • lhe
1,9;3 G1lualie Re ti1ell Stet.lliee. (Qr.ti. &9 &erie1 19!1&1
9 . All fllnlle eftille Gi., ehall ehare i11 tile i11te .... ill11•e NPIIM l,J ill,e••e11 .. ••41 l,J
the Di1 •••. ht the prepel'U811 tNli .i.eir re111 e etiue wh l,elaneea ..., ti the ....a ea1h
a,ailalsle fer inue8Mlle11, tl11Pi111 the Je•. 'Ale •••• ef eelNlaM11c _. ._._ .. ahall
reAeet a11 etallitial,le a, er91'i111 ef lhe halaneea • tletePMi11ell II, the Di••••· AH iltNreai
whieh wettltl 11aPlllall, he e,etliiN • tll.e Speeiel 1\w:Nme11i F1mcl ahell he eaNi'8tl II the
General P-ll. (Qr.ti . l Seriee 19!1&, ••ti . Qr.ti . 83 &eriea 1998)
Introduced, read in full, and passed on first reading on the 7th day of August, 1995 .
Published as a Bill for an Ordinance on the 10th day af August, 1995.
Thomas J. Bums, Mayor
ATTEST :
Loucrishia A. Ellis, City Clerk
I, Loucriahia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy af a Bill for an Ordinance, introduced, read in
full, and passed on firat reading on the 7th day af August, 1995.
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date Agenda Item Subject
August 7, 1995 Approve By Motion Emnding
10 a 111 The Cir'• Aidt &igagemenl
WIii Van Sc:hooueveld And
Campany For Auclt Years 1995,
1918.and1997
Initiated By Staff Source
Department Of Financial Services Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
On August 20, 1990, City Council approved a motion naming Van Schooneveld as the City's auditor's
for 1990, 1991 , and 1992 by motion . Council approved a motion to extend Van Schooneveld's
engagement with the City for the 1993 and 1994 audit years on December 6, 1993.
RECOMMENDED ACTION
Staff recommends City Council approve a motion extending Van Schooneveld's contrad for audit
services for the 1995, 1996, and 1997 audit years . Scope of services include audits of all City funds
as well as the Englewood Downtown Development Authority, and Littleton/Englewood Wastewater
Treatment Plant.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood has contraded with Van Schooneveld for the past five audit years. City staff
has been satisfied with the quality and timeliness of their work. The Department of Financial Services
plans to perform a RFP for audit services at the end of the proposed engagement. The altemative to
this extension would be to perform a request for proposal (RFP) prior to the 1995 audit.
FINANCIAL IMPACT
The fees for professional services are $35,000, $36,400, and $37,500 for the 1995, 1996, and 1997
audit years respectively .
UST OF ATTACHMENTS
Letter of engagement for 1995, 1996, and 1997 audits of the City's funds, Littleton/Englewood
Wastewater Treatment Plant. and the Englewood Downtown Development Authority .
Audit fee breakdown for audit years 1990 through 1994, and for proposed audit engagement through
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Principals
Jack C . Schroeder
Larry R. Beardsley
Richard M. Carbon
July 6, 1995
City Council Members
City of Englewood
3400 South Elati Street
Englewood, Colorado 80110
Dear Council Members:
We would like to confirm our understanding of the arrangeaents aade with you
regarding our engagement for audits of the general purpose financial statements
of the City of Englewood and the financial statements of the Bi-City Wastewater
Treataent Plant and the Englewood Downtown Developaent Authority for the years
ending Deceaber 31, 1995, 1996 and 1997.
Our audits will be made in accordance with generally accepted auditing standards
and will include tests of the accounting records of the City of Englewood and
related entities and other procedures we consider necessary to enable us to
express an opinion that the general purpose financial stateaents of the City and
the financial statements of the related entities are fairly presented, in all
material respects, in conformity with generally accepted accoun~tng principles.
If our opinion on any of the financial statements ts other than unqualified, we
will fully discuss the reasons with you in advance.
Our procedures will include tests of docaaentary evidence supporting the
transactions recorded in the accounts and aay include direct conftraation of
receivables and certain other assets and liabilities by correspondence with
selected individuals, creditors and banks. We will request written
representations from your attorneys as part of the engagements. At the
conclusion of our audits, we will also request certain written representations
from you about the financial statements and related aatters.
An audit is based priaarily on the selective testing of accounting records and
related data; therefore, our audits will involve judg ... nt about the nllllber of
transactions to be exaatned and the areas to be tested. Because we will not
perform a detailed examination of all transactions, there ts a risk that aatertal
errors, irregularities or illegal acts, including fraud or defalcations, aay
exist and not be detected by us. We will advise you, however, of any aatters of
that nature that come to our attention. Our responsibility as auditors ts
liaited to the period covered by our audits and does not extend to aatters that
might arise during any later periods for which we are not engaged as auditors.
6000 Greenwood Plaza Blvd ., 1110 Greenwood Villqc, CO 80111-417 (303) 779...000 FAX 770-9276
Mem11cn. Aawncan lMl1&1M of Ccni(lld,...... _ • S.E.C . MIi Pm,• l'naa SeaioM
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City Council Members
City of Englewood
July 6, 1995
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Our audit will also include a Single Audit which will be conducted in accordance
with generally accepted auditing standards; the standards for financial audits
contained in Governaent Auditing Standards, issued by the Comptroller General of
the United States; the Single Audit Act of 1984; and the provisions of 0MB
Circular A-128, •Audits of State and Local Governments•, and will include tests
of the accounting records of the City of Englewood and other procedures we
consider necessary to enable us to express an unqualified opinion that the
financial statements are fairly presented, in all material respects, in
conformity with generally accefted accounting principles and to report on the
Schedule of Federal Financia Assistance and on the City of Englewood's
compliance with laws and regulations and its internal controls, as required for
a Single Audit.
As required by the Single Audit Act of 1984, our Single Audit will include tests
of transactions related to federal assistance programs for coapl iance with
applicable laws and regulations. However, because of the concept of reasonable
assurance and because we will not perfona a detailed exuination of all
transactions, there is a risk that aaterial errors, irregularities, or illegal
acts, including fraud or defalcations, may exist and not be detected by us. We
will advise you, however, of any matters of that nature that COllle to our
attention, and we will include such aatters in the reports required for a Single
Audit.
We understand that you will provide us with the basic information required for
our audits and that you are responsible for the accuracy and coapleteness of that
information. We will advise you about appropriate accounting principles and
their application, but the responsibility for the financial stateaents remains
with you. This responsibility includes the maintenance of adequate records and
related controls, the selection and application of accounting principles and the
safeguarding of assets.
Our audits are not specifically designed and cannot be relied on to disclose
reportable conditions, that is, significant deficiencies in the design or
operation of the internal control structure. However, during the audits, if we
becOlle aware of such reportable conditions or ways that we believe aanageaent
practices can be improved, we will c01111Unicate thea to you separately.
The City's Finance Department will assist us to the extent practicable in the
completion of our engageaent. The City will be responsible for drafting,
printing and binding the various financial reports. City fersonnel will furnish
us with schedules and documents as we deea necessary. A ist of such schedules
will be furnished to you prior to the coaaenceaent of our field work.
Our fee for the audit of the City of Englewood and related entities will be based
upon our standard hourly rates.
Our fee for the audits of the City of Englewood and related entities are as
follows:
1995
1996
1997
S35,000
$36,400
$37,500
Our fee is also based on the assuaption that unexpected circuastances will not
be encountered during the audit. If significant additional tt .. ts necessary,
we will discuss it wtth your appointed representative and arrive at a new fee
estimate.
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City Council Members
City of Englewood
July 6, 1995
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We will not represent others using information contained in our City of Englewood
audit workpapers which was obtained during the audit of the City of Englewood.
We will not perfor11 a rate study for any District that maintains a contract with
the City of Englewood for sewer treataent services for a period of three years
after date of ter11ination of this agreeaent without obtaining approval of the
City in writing.
We will not advise or consult on rate matters or Bi-City Treatment Plant Joint
Venture operations for any District that aaintains I contract with the City of
Englewood for sewer treatment services for a period of three years after
ter11ination of this agreement without obtaining the approval of the City in
writing. This provision also applies to Mr. William Yan Schooneveld so long as
he is a consultant to our fira or acts as I consultant through our fir11.
Requested consultation and required calculations regarding Allendaent 1 or TABOR
will be perforlled at our standard hourly rates.
The workpapers for this engageaent are the property of Yan Schooneveld and Co.,
Inc. and constitute confidential information. However, as required by the Single
Audit Act of 19B4, we are required to make certain workpapers available to the
grantor or regulator upon request for their regulatory oversight purposes.
Furtheraore, upon request, we may provide photocopies of selected workpapers to
the grantor or regulator. Access to the requested workpapers will be provided
to the grantor or regulator under the supervision of Yan Schooneveld and Co.,
Inc. audit personnel and at a location designated by our fir11.
We would like to thank you for this opportunity to be of service to you and we
hope that these arrangements aeet with your approval. If so, please sign the
duplicate copy of this letter in the space provided, and return to us.
If you have any questions concerning this engag ... nt, please contact us.
Very truly yours,
YAN ic'°'9ELD AN~;o •• INC. ~
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Certified Public Accountants
APPROVED:
Signature, Title and Date
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Van Sclaooaeveld and Company, Inc., Certified Pnblic Accountants
Audit Fea -City, EDDA & IJE WWTP (Coaabilled Fee)
Analysis of Fees Paid from 1990 tbru 199,f
Proposed Fea for 1995 tbru 1997
Annual
City/ .,,.
Aadit EDDA/ Increase
Year IJEWWTP (Decrease)
1990 $ 30,000
1991 $ 31,400 4.67°/o
1992 $ 32,300 2.87°/o
1993 $ 34,500 6.81%
1994 $ 36,000 4.35%
S Yr . Average $ 32,840
Anal •.4
City/ % hcnue
EDDA/ htcnue (Decnae)
Proposed IJEWWTP (Decnue) Prom 1"4
1995 s 35,118 -2.78% -2.78".
1996 s 36,418 4.00-/o 1.11%
1997 s 37,518 3.02% 4.17°/o
3Yr.Averap s 36,300 0.83%
VSCOFEESJ{LS Sheet I
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Date
August 7, 1995
INITIATED BY
Utilities Department
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COUNCIL COMMUNICATION
Subject Agenda Item
10 a fv Purchase of Vactor Truck
STAFF SOURCE
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
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Council approval, by motion of the purchase of a sewer line cleaning/vacuuming machine
(vactor truck). Staff recommends awarding the bid to Vac Con, in the amount of 1142, 750.00.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The existing vactor truck is mechanically unsound . It is a 1979 unit and past its' economic
service life and is a critical, sole piece of equipment used in emergency sanitation and storm
sewer back-ups. The proposed combination deaning/vacuuming machine is designed to
simultaneously clean and remove all liquids and solids from sanitary sewers, stonn drain lines
and other conduits . This piece of equipment is necessary for routine and emergency sewer
line maintenance.
Requests for Bid were sent to four vendors for a sewer line deaning/vacuuming machine.
Four responses were received .:
Faris Machinery (AquaTach)
Boyle Equipment (Vactor)
Williams Equipment (Vac Con)
Kois #2 (Camel)
Kois #1 (Camel)
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$150,737.00
$143,500.00
$142,750.00
$139,392.00
$136,911.00
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Kois was the low bidder, but the bid is unacceptable for the following reasons:
A Specs stated a two engine design is required. Kois bid a single engine design.
B. Kois' bid has water tanks mounted on the debris body. The specifications do not allow
water tanks on or around the debris body.
C. Kois bid uses a positive displacement blower, the specs specify a centrifugal fan.
FINANCIAL IMPACT
Vac Con is the recommended bidder at $142,750.00.
The Utilities Department budgeted S150,000.00 in the 1995 Budget for this piece of
-equipment. In the 1995 Budget, $150,000.00was allocated lnier#10-07-44131 .
LIST OF ATTACHMENTS
Bid Proposal Tabulation
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CITY OF ENGLEWOOD DID PROPOSAL TABULATION
UID ITEMS(S) -Cleaning/Vacuuming Machine DA TE OPENED -July 18, 1995
NO BIDDER CLEANING/VACUUMING MACHINE TRADE-IN TOTAL REMARKS
I Boyle Equipment $153,500.00 ($10,000.00) $143,500.00 See Exceptions
2 Faris Machinery $150,737.00 $0.00 $150,737.00 See Exceptions /I
3 Kois Brothers 111 $141,911.00 ($5,000.00) $136,911.00 See Exceptions
4 Williams Equipment $157,750.00 ($15,00().00) $142,750.00 See Exceptions
5
6 Kois Brothers #2 $144,392.00 ($5,000.00) $ I 39,392.00 See Exceptions
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COUNCIL COMMUNICATION
Date Agendaltam Subject
August 7 , 1995 10 & V
Recreation Center Improvements,
Indoor Running Track Resurfacing
INITIATED BY STAFF SOURCE
Department of Public Wor1<s Charles Estarty, Director of Public Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved the 1995 Public Improvement Fund , which included monies for the resurfacing of the indoor
running track at the Englewood Recreation Center.
RECOMMENDED ACTION
Staff recommends Council award by motion a construction contract in the amount ol 121,880 to Rocky Mountain
OIIClca & Floors tlDr the repair of the Englewood Recreation Cenlllr Indoor running track IUfface.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The existing running track surface is wearing badly and showing severe cracking in numerous areas .
The track resurfacing will provide a safe , durable and comfortable walking and running surface.
The project consists of repairing and resurfacing approximately 6825 square faet of indoor running track.
The construction period will require only one week for repair , which will coincide with the annual closure of the
recreation center for routine maintenance and repairs .
Staff only received one (1) bid for this project. due to the specialized nature of the rnurfacing product and the
installation procedures, including crack repair and proper preparation of the existing track surface . Engineering
and Recreation staff worked closely in soliciting and evaluating a number of products to make a sound selection
for both resurfacing material and installation techniques which would provide the highest quality replacement
surface.
Staff recommends award of this contract to Rocky Mountain Decks & Floors in the amount of $21 ,960.
The Engineer's estimate for this project is $20,000.
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FINANCIAL IMPACT
The final bid tabulation is as follows :
1. Rocky Mountain Decks & Floors $21,960
$20,000
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Funds for this project were budgeled in the amount of $10,000 in the 1995 Conservation Trust Fund . This project
is considered in conjunction with the SWimming Pool Deck RNUrfaclng and the Automatic Doors Installation.
Adequate funding u1s1a in the CTF for the three Recrution Centar projects taken as a whole.
The project cost summary is as follows :
Construction Coats
Admin . / Engineering , Contingency
Total
UST OF ATTACHIENTS
Contract with Rocky Mountain Decks & Floors
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CONTRACT
CITY OF ENGLEWOOD, COLORADO
THIS CONTRACT and agreement, made and entered into this 7th day of
AUGUST, 1995 by and between the City of Englewood, a municipal
corporation of the State of Colorado hereinafter referred to as the
"City", party of the first part, and ROCKY MOUNTAIN DECKS• FLOORS,
hereinafter referred to as the "Contractor", party of the second part.
WITNESSETH, conmencing on the 5TH day of JULY, 1995, and continuing for
at least ten (10) days thereafter the City advertised that sealed
proposals would be received for furnishing all labor, tools, supplies,
equipment, materials and everything necessary and required for the
following:
PROJECT: ENGLEWOOD RECREATION CENTER IMPROVDIDTS, 1'95 ,
INDOOR RUNNING TRAC1t REStJJlFACDIG
WHEREAS, proposals pursuant to aaid advertia-t have been rece1ved by
the Mayor and City Council and have been certified by the City l:n91neer
to the Mayor and City Council with a rec011111endation that a contract for
said work be awarded to the above named Contractor vbo waa the lowest
reliable and responsible bidder therefore, and
WHEREAS, pursuant to aaid recommendation the Contract baa been awarded
to the above named Contractor by the Mayer and City Council and said
Contractor is now willing and able to perform all of aaid 100rk in
accordance with said advertisement and hia proposal.
NOW THEREFORE, in consideration of the compensation t ·o be paid the
Contract, the mutual agreements hereinafter contained are subject the
terms hereinafter stated:
A. contract Documents: It is agreed by the parties hereto that the
following list of instruments, drawing• and documents which are
attached hereto, bound herewith or incorporated herein by
reference constitute and shall be referred to either aa the
Contract Documents or the Contract and all of aaid instruments,
drawings, and documents taken together aa a whole constitute the
Contract between the parties hereto and they are as fully a part
of this agreement as if they were aet out verbatim and in full
herein:
Advertisement of Notice for Proposals
Proposal
Contract (this instrument)
Performance Payment Maintenance Bond
Receipt, Release, Waiver of Claims
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Special Provisions
General Conditions
Detailed Specifications
Plans and Drawings
B . Scope of Work : The Contractor agrees to and shall furnish all
labor, tools, supplies, equipment, materials and everything
necessary for and equired to do, perform and complete all the
work described, drawn, set forth, shown and included in said
Contract Documents .
c . Terms of Performance: The Contractor agrees to undertake the
performance of the work under this Contract in accordance with
the established conditions for Time of Completion as set forth
in Section D, page D-2, Paragraph D-7 of the Special
Conditions, upon being notified to coamence work by the
Director of Public Works and agrees to fully complete said work
within SIX (6) calendar days from the date of said notice, the
exact period of work being August 28, 1995 through September 2,
1995, plus such extension or extensions of time as may be
granted by the Director of Public Works in accordance with the
provisions of the General Conditions .
D. Terms of Payment: The City agrees to pay the Contractor for the
performance of all the work required under this contract, and
the Contractor agrees to accept as his full and only
compensation therefore, such sum or sums of money as may be
proper in accordance with the price or prices set forth in the
Contractor•• Proposal hereto attached and made a part hereof,
the total estimated coat thereof being TIIDITY-ONB THOUSAND NINE
HUNDRED SIXTY dollars ($21,960).
E . Appropriation of •nod•: At present, $21,960 baa been
appropriated for the project. Notwithstanding anything
contained in this Agr-t to the contrary, in the event no
funds or insufficient funds are appropriated and budgeted by
the governing body or are otherwise unavailable by any means
whatsoever in any following fiscal period for which
appropriations were received without penalty or expense except
as to those portiOllll of the Agre-t or other amounts herein
for which funds have already been appropriated or are
otherwise available .
The City shall innediately notify ROCJC MOOIITIAN DBCltS ~ FLOORS
or its assignee of such occurrence in the event of such
termination .
F . contract Binding: It is agreed that this Contract shall be
binding on and inure to the benefit of the parties hereto, their
heirs , executors, administrators, aaaigna, and successors.
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IN WITNBSS WIIBRBOP, the parties have cauaed the•• preaenta to be aigned
peraonally or by their duly authorized officer• or agent• and their
seal• affixed and duly atteated the day and year first above written.
Thia Contract i• executed in four(4)counterparta .
CITY OP BNGLBIIOOD
by-------------Mayor
Party of the Pirat Part
ATTEST :
City Clerk Contractor
Approved a• to form: by~~~~~~~~~---=--,-~ Party of the Second Part
city Attorney
ATTEST :
Secretary
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COUNCIL COMMUNICATION
Date Agenda Item Subject
August 7, 1995 Recreation Center Improvements,
10 a vi
Swimming Pool Deck Resurfacing
INITIATED BY STAFF SOURCE
Department of Public Works Charles Esterly, Director of Public Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved the 1995 Public Improvement Fund, which included monies for the replacement of the swimming
pool deck surface at the Englewood Recreation Center.
RECOMMENDED ACTION
Staff recommends Council award by motion a construction contract in the amount of 128,850 to Pl'Nllge Pools far
the replacement of the Englewood Recreation Centar swimmil ig pool deck surface.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The existing epoxy pebble pool deck surface is difficult to maintain, uncomfortable to walk on, and showing its age,
as it was placed in 1986. Recreation pool staff has also expressed concern about possible algae growth under the
epoxy pebble surface.
The deck resurfacing will provide a clean, attractive, easily maintained, durable and comfortable walking surface in
the pool area.
The project consists of removing approximately 5425 square feet of epoxy pebble and resurfacing with SunCrete
concrete surfacing material .
The construction period will require only two weeks for installation, one of which will coincide with the annual
closure of the recreation center for routine maintenance and repairs. Disruption to the other services of the center
will be minimal during the first week of construction .
Staff only received one ( 1) bid for this project due to the specialized nature of the resurfacing product and the
installation procedures, including removal of the existing pool deck surface. Erigineering and Recreation staff
worked closely in soliciting and evaluating a number of products to make • IOUnd selection for both resurfacing
material and removal techniques which would provide the highest quality replacement surface .
Staff recommends award of this contract to Prestige Pools in the amount of $28 ,850.
Tho Engineer's estimate for this project is $30,000 .
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FINANCIAL IMPACT
The final bid tabulation is as follows :
1. Prestige Pools
Engineer's Estimate
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$26,850
$30,000
Funds for this project were budgellld in the amount of $35,000 in the 1995 Conservation Trust Fund. This project
is considered in conjunction with the Indoor Running Track Resurfacing and the Au1Dmatlc Doors Installation.
Adequate funding existS in the CTF for the three projec:1a taken a a whole .
The project cost summary is as follows :
Construction Costs
Frog Abatement
Admin . / Engineering / Contingency
Total
UST OF ATTACHMENTS
Contract with Prestige Pools
$26,850
S 1,000
LIJXK2
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CONTRACT
CITY OF ENGLEWOOD, COLORADO
THIS CONTRACT and agreement, made and entered into this 7th day of
AUGUST, 1995 by and between the City of Englewood, a municipal
corporation of the State of Colorado hereinafter referred to as the
"City•, party of the first part, and PRESTIGE POOLS, hereinafter
referred to as the "Contractor•, party of the second part. WITNESSETH,
commencing on the 5TH day of JULY, 1995, and continuing for at least ten
(10) days thereafter the City advertised that sealed proposals would be
received for furnishing all labor, tools, supplies, equipment, materials
and everything necessary and required for the following:
PROJECT: ENGLEWOOD RECREATION CENTER IMPROVEMENTS, 1995,
POOL DECK RESURFACING
WHEREAS, proposals pursuant to said advertisement have been received by
the Mayor and City Council and have been certified by the City Engineer
to the Mayor and City Council with a recommendation that a contract for
said work be awarded to the above named Contractor who was the lowest
reliable and responsible bidder therefore, and
WHEREAS, pursuant to said reconnendation the Contract has been awarded
to the above named contractor by the Mayor and City Council and said
Contractor is now willing and able to perform all of said work in
accordance with said advertisement and his proposal.
NOW THEREFORE, in consideration of the compenaation to be paid the
Contract, the mutual agreements hereinafter contained are subject the
terms hereinafter stated:
A. Cgnt;rac;t; DQc;11roeot1: It is agreed by the parties hereto that the
following list of instruments, drawings and documents which are
attached hereto, bound herewith or incorporated herein by
reference constitute and shall be referred to either as the
Contract Documents or the Contract and all of said instruments,
drawings, and documents taken together as a whole constitute the
Contract between the parties hereto and they are as fully a part
of this agreement as if they were set out verbatim and in full
herein:
Advertisement of Notice for Proposals
Proposal
Contract (this instrument)
Performance Payment Maintenance Bond
Receipt, Release, Waiver of Claims
Special Provisions
General Conditions
Detailed Specifications
Plans and Drawings
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Plans and Drawings
B . Scope of Work: The Contractor agrees to and shall furnish all
labor, tools, supplies, equipment, materials and everything
necessary for and required to do, perform and complete all the
work described, drawn, set forth, shown and included in said
Contract Documents.
c . Terms of Performance : The contractor agrees to undertake the
performance of the work under this Contract in accordance with
the established conditions for Time-of Completion aa aet forth
in Section D, page D-2, Paragraph D-7 of the Special
Conditions, upon being notified to commence work by the
Director of Public Works and agrees to fully complete said work
within TWELVE (12) calendar days from the date of said notice,
the exact period of work being Auguat 28, 1995 through
September 2,1995, plus such extenaion or extensions of time as
may be granted by the Director of Public Works in accordance
with the provisions of the General Conditions.
D. Terms of Payment : The City agrees to pay the Contractor for the
performance of all the work required under this contract, and
the Contractor agrees to accept aa his full and only
compensation therefore, such sum or suma of money aa may be
proper in accordance with the price or prices aet forth in the
Contractor's Proposal hereto attached and made a part hereof,
the total estimated cost thereof being TWENTY-SIX THOUSAND BIGHT
HUNDRED FIFTY dollars($26,850).
E. Appropriation of Funds: At present, $2&,aso baa been
appropriated for the project. Notwithstanding anything
contained in thia Agreea.nt to the contrary, in the event no
funds or insufficient funda are appropriated and budgeted by
the governing body or are otherwise unavailable by any means
whatsoever in any following fiscal period for which
appropriations were received without penalty or expense except
as to those portions of the Agr._t or other amounts herein
for which funda have alr-dy been appropriated or are
otherwise available .
The City shall iaaediately notify PRBSTIGB POOLS or ita
aaaignee of such occurrence in the event of such termination.
F . contract Binding : It ia agreed that this Contract shall be
binding on and inure to the benefit of the parties hereto, their
he i r s, executors , adainiatratora, aaaigna, and aucceaaora.
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IN WITNESS WHBR.EOF, the partie• have ca1111ed theae preaents to be aigned
personally or by their duly authorized officers or agent• and their
seals affixed and duly atteated the day and year first above written.
This Contract is executed in four(4)counterparts.
CITY OP BNGLBWOOD
by --=--.,..~--------Mayor
Party of the Firat Part
ATTEST :
City clerk contractor
Approved as to form: by --=---,--...... "e"T"--::---Party of the Second Part
C1.ty Attorney
ATTEST :
Secretary
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ORDINANCE NO. _
SERIES OF 1995
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BY AUTHORITY
COUNCIL BILL NO. 35
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE APPROVING SUPPLEMENT NO . 126 TO THE SOUTHGATE
SANITATION DISTRICT'S CONNECTOR'S AGREEMENT WITH THE CITY OF
ENGLEWOOD, COLORADO FOR THE INCLUSION OF LAND WITHIN THEIR
DISTRICT BOUNDARIES .
WHEREAS, Southgate Sanitation District recommends the inclusion of
approximately 9.366 acres into their District; and
WHEREAS, said inclusion is located at the Southwest comer of East Caley Avenue
and South Syracuse Way and the zoning of this property was B-1 PUD
(Administrative and Professional Offices) and MU PUD (Mixed Use) and was
rezoned as R-PH PUD (Residential High Density) on February 17, 1995; and
WHEREAS, the site is currently vacant and proposed use of this property is a 266
unit multi-family development with construction scheduled to begin in July, 1995;
and
WHEREAS, said annexation of this additional parcel of land will not increase the
tap allocation to the Southgate Sanitation District;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , COLORADO, AS FOLLOWS :
Ses;tjop 1. The Agreement between the City of Englewood and Southgate Sanitation
District entitled "Supplement No. 126 to Connector's Agreement", which includes
approximately 9.366 acres located at the Southwest comer of East Caley Avenue and
South Syracuse Way into the Southgate Sanitation District's Connector's AgTeement
is hereby approved . A copy of said Agreement is attached hereto as "Exhibit A" and
incorporated herein by reference.
Sectjop 2. The Mayor and City Clerk are hereby authorized to sign and attest,
respectively, the said Agreement for and on behalf of the City Council and the City of
Englewood, Colorado .
Introduced, read in full, and passed on first reading on the 17th day of July, 1995.
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Published as a Bill for an Ordinance on the 20th day of July, 1995.
Read by title and passed on final reading on the 7th day of August, 1995.
Published by title as Ordinance No. _, Series of 1995, on the 10th day of August,
1995.
Thomas J . Bums, 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 i1 a true copy of the Ordinance passed on final
reading and published by title u Ordinance No . ~ Series of 1995.
Loucrishia A. Elli1
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EXIIIBlT A
n1• AG11Sm1IIIT, ••d• and antarad into by and batwaan tha CIT'I
or ... LSIIOOD, acting by and through it• auly authorised Mayor and
City Clark, harainaftar callad tha •city,• and aouTIIQATS 8UITATIOII
D18TIIICT, Arapahoe and Douglaa countiaa, Colorado, harainaftar
called the •olatrlat,"
wIT•u•sn•
HDIIMI, on tha ·20th day of Juna, 1961, tha City and th•
Diatrict antarad into an Agraa-nt in which tha City agraad ta
traat aavaga originating froa the Diatrict•a aanitary aavar ayat ..
within the area aervad by the Diatrict, which Agr..-nt waa aoat
recently ranewed by Connector'• Agraaaent dated Navaabar 16, 1918;
and
......... aaid connector'• Agraa .. nt providaa that the Diatrict
.. y not anlarga ita aarvica area without th• written conaant of th•
City;
"°"• n .. sroaw, in conaideratian of the autual covenant• and
undertaking• herein aat forth, the partiaa agree aa follova:
1. The City haraby conaanta to th• lncluaion of certain
additional area located in Arapahoe County, Colorado, owned by tha
aauT-WUT LIPS • AIIIIUIT'I 1nuaaaca CCNl•U'I, and aora fully
deacribad on Exhibit A attached harato and incorporated harain by
reference, into SOUthqate sanitation Diatriot. The City agree•
that said additional area aay be aarved with tha aavar facilitiaa
of th• Dlatrict, and that the City will treat the aavaga diachargad
into the City'• trunk Una froa aaid additional area, all in
accordanca with th• Connector'• Agr..-nt dated Novaabar 16, 1988.
Accordingly, Exhibit A rafarred to in Paragraph l of the
connector'• Agr•a-nt dated Novaabar 16, 1988, i• hereby a-ndad to
includa auch additional area.
2 • Each and every other prov la ion of the aa id connector• a
Agr••-nt dated Novaabar 16, 1988, ahall r ... in unchanc,ed.
1• w1nu• DaallOP, the partlaa have ••t their handa and
aaala thia __ day of , 199!1.
ATTDTI
CIT'I oi.iii
(SIAL)
ATTUTI
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Legal d•scription of property to be includad
TRACT 39, .,. SUBDIVISION or SECTION 21, TOIIIISH:IP 5 SOtml, RANGE 67
WEST, ARAPAHOE COUNTY, COLORADO•·
COUNTY OF ARAPAHOE
STATE OF COLORADO
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EXHIBIT ~AC[ 2 C
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
WEST 1/4
SEC. 21
NO. LINE OF THE SW 1 / 4 OF SEC. 21
N • 4'01.LBA I
664.56'/
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15.00'
N89"34'01 NE 634.62'
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TRACT 39
9.366 ACRES
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CENTER 1/4
SEC . 21
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JEFFERSON AT GREENWOOD PLAZA
l. Total acreage of the site: 9 .366 acres; without public use casement: 8. 783 acres
2. The previous zoning wu B-1 PUD (Administrative IDd Professional Offices) and MU
PUD (Mixed Use). ~ of February 27, 199S, it was rezoned to R-PH PUD (Residential
High Density).
3. The proposed use of this property is a 266 unit multi-family development.
4. The construction schedule is planned to begin July, 199S and end October, 1996.
S. Regular water and services for 8.783 acre multi-family development. The development
will include 266 units (with an occ:upmcy rate of 1.8 persons per unit), clubhouse and
lllWldry building. For sewer, JPI preliminary anticipates, on averqc, 70 pllons per
capita per day, with a peak day demand of 3 .6 times averqe daily use. For water
services, JP( anticipates no more than 4S single family cquivalcncies and fire protection
service.
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ORDINANCE NO. _
SERIES OF 1995
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BY AUTHORITY
COUNCIL BILL NO. 39
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS
OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL
MUNICIPAL ELECTION PROPOSED AMENDMENTS TO THE CHARTER OF
THE CITY OF ENGLEWOOD, COLORADO REGARDING FINANCE
ADMINISTRATION.
WHEREAS, this bill for an ordinance would submit to the registered voters of the
City of Englewood amendments to the City of Englewood Charter; and
WHEREAS, Article V, Section 41, of the City of Englewood Home Rule Charter
specifically prohibits emergency ordinances from incurring indebtedness or
authorizing the borrowing of money; and
WHEREAS, the Charter would be changed so emergency ordinances are not
subject to referendum; and
WHEREAS, Charter amendments will allow Council the option of using
emergency ordinances to incur indebtedness or authorize debt without being subject
to the referendum period; and
WHEREAS, an emergency ordinance for these purposes would shorten the time
investors must wait to receive bonds i111ued by the City; and
WHEREAS, the long period between final approval and issuance subjects the
investor to market risk, which may keep some investors from bidding on the City's
debt; and
WHEREAS, with a shorter time period, more investors may show interest in
purchasing the City's debt; and
WHEREAS, this would increase the competition for purchase and possibly lower
the cost of debt issuance ; and
WHEREAS, Article X. Part IV, Sections 113 and 116 of the Englewood Home Rule
Charter define the amounts for which the sealed bidding process must be undertaken;
and
WHEREAS, Article X. Part IV, Section 113 requires a sealed bid for purchases of
supplies, materials, or equipment for amounts of $10,000 or more; and
WHEREAS, Article X, Part IV, Section 116 requires a aealed bid for capital
improvements for amounts of $20,000 or more (except work performed by the City
usin& City employees ); and
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WHEREAS, inflationary pressures on the prices of supplies, materials, equipment
and capital improvements make it appropriate to acljust the limits for supplies,
materials and equipment; and
WHEREAS, the bid process may hinder the City's attempts to make timely
purchasing decision and the City may miss attractive purchase opportunities if
product availability is limited;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Se!;tipn 1. There is hereby submitted to the registered electors of the City of
Englewood at the next scheduled general municipal election proposed amendments to
the Charter of the City of Englewood, Article V, Section 41; Article VI, Section 47 and
Article X, Part IV, Section 113 and 116.
If Question No._, is approved by the registered electors, upon certification thereof to
the office of the Secretary of State of the State of Colorado, pursuant to Section 9, Article
XX. of the Colorado Constitution and Section 31-2-210 Colorado Revised Statutes,
Article V, Article VI and Article X of the Home Rule Charter of the City of Enclewood
shall be amended as follows :
41:
AR11CLEV
ORDINANCES
EMERGENCY ORDINANCES
Emergency ordinances necessary for the immediate preservation of public
property, health, peace, or safety may be introduced, read and unanimoualy approved
by a quorum present, at any meeting of the Council. The facts showing such urgency
and need shall be specifically stated in the ordinance. No ordinance lhall receive
final passage on the same date it is introduced; however, emeriiency ordinances may
receive final passage by Council on the followin1 day. Emerpncy ordinances shall
take effect immediately upon final passage and shall be publilhed within aeven days
thereof. No ordinance makin1 a srant of any special privilep, levyin1 tun,
i11e11rrit11 i1ulehletl11e11, a11t.hariai111 heffa • i111 111e11e, or ftxinc rates charpd by
any city owned utility shall ever be passed as an emerpncy measure. (Amended 11-
2-65)
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ARTICLE VI
INITIATIVE AND REFERENDUM
REFERENDUM
The referendum shall apply to all ordinances passed by Council, except ordinances
making the tax levy, the annual appropriation ordinance, EMERGENCY
ORDINANCES, or the ordering of improvements initiated by petition and to be paid
for in whole or part by special assessments .
If at any time within thirty (30) days after the final passage of an ordinance to
which the referendum is applicable a petition signed by registered electors equal in
number to at least ten percent (10%) of the preceding gubernatorial vote in the City, is
presented to the Council protesting any ordinance going into effect, it shall
reconsider such ordinance. If the ordinance is not entirely repealed, Council shall
submit it to a vote of the electors of the City as provided in the Initiative and Section 14
of this Charter, at the next general municipal election or at a special election. Such
ordinance shall then go into effect without further publication if a majority of the
electors voting t hereon vote in favor of it. The Council, on its own motion, shall have
the power to submit any proposed ordinance to a vote of the electors at a general or
special election as provided and limited in this Charter. No provision of this Charter
shall be construed as limiting the right of Council to refer to any ordinance subject to
referendum . If provisions of two or more proposed ordinances adopted or approved at
the same election conflict, the ordinance receiving the highest affirmative vote shall
become effective. (Amended 11-2-65; 11-5-91)
113:
ARTICLEX
FINANCE ADMINISTRATION
PART IV . PURCHASES AND SALES
COMPETITIVE BIDDING
Before the purchasing officer makes any purchase of supplies, materials or
equipment, in excess of$19,988.88125,000.00, he shall give ample opportunity for
sealed competitive bidding, with such general exceptions as the Council may
prescribe by ordinance. Council shall not exempt any individual contract, purchase
or sale from the requirement of competitive bidding. No officer, appointee or
employee of the City shall be financially interested, directly or indirectly , in the sale
of any land, materials, supplies, or services to the City, except in case of purchases
submitted to competitive bidding or not exceeding an aggregate of $100.00 in any one
year. The lowest and best bid shall be accepted or all bids will be rejected. If the
lowest bid is not accepted as being the best, such rejection must be approved by
Council . Provisions in this Section shall not apply to professional or technical
services, or services of regulated public utilities. All invitations to bid shall require
bidders to meet the requirements of State Statutes regarding preference of State
products . (Amended 3-24-81 , 11 -3-87 )
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116: CAPITAL IMPROVEMENTS
Bids in excess of $29,888.99 $50,000.00 except work performed directly by the City
using City employees, shall be contracted for as follows :
(a) The purchasing officer shall, on the basis of specifications properly
submitted and approved, advertise for and receive sealed bids for the
public work or improvement and on closing of bidding shall open bids,
tabulate same and present the results with recommendations to the City
Manager.
(b) Council shall have final approval of the lowest and best bid or all bids
must be rejected. When no satisfactory bids are received or for other
reasons deemed expedient to Council, contracts for public works or
improvements may be negotiated, proviiied that contract.a for which no
competitive bids have been requested shall be invalid unless accepted by
resolution which shall declare the reason for exception to the competitive
bidding requirement. (Amended 3-24-81, 11-3-87)
Ses;tjpp 2. Ballots for said election shall carry the following designation which
shall be the submission clause :
QUESTION NO. --
Shall the Home Rule Charter of the City of Englewood Section 41 -
Emergency Ordinances of Article V; Section 47 -Referendum of Article
VI ; Section 113 -Competitive Bidding and Section 116 -Capital
Improvements of Article X be amended to allow a change in the effective
date for revenue bonds and to increase purchasing limits without the
requirement of bidding?
YES NO
Sect,jpp 3. Each elector voting at the election and desirous of voting for or acainat
the amendment shall indicate the elector's choice by depressing the appropriate
counter of the voting machine which indicates the word "YES" or the word ·No; or
by appropriate marking upon paper ballots when used .
Ses:tioo 4. The proper officials of the City of Englewood shall give notice of said
general municipal election, such notice shall be published in the manner and for the
length of time required by law, and the ballots cast at such election shall be canvassed
and the result ascertained, determined, and certified as required by law.
Sectjpp 5. If any section, paragraph, clause, or other portion of this ordinance is for
any reason held to be invalid or unenforceable, the invalidity or unenforceability
shall not affect any of the remaining portions of this ordinance.
Introduced, read in full, and passed on first reading on the 17th day of July, 1995 .
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Published as a Bill for an Ordinance on the 20th day of July, 1995.
Read by title and paaaed on final reading on the 7th day of August, 1995.
Published by title as Ordinance No ._, Seriea of 1995, on the 10th day of August,
1995.
Thomas J . Bums, Mayor
ATTEST :
Loucriahia A. Ellis, City Clerk
I, Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby
certify that the above and foregoing is a true copy of the Ordinance paaaed on final
reading and published by title as Ordinance No. _, Series of 1995.
Loucrishia A. Ellis
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ORDINANCE NO . _
SERIES OF 1995
BY AUTHORITY
COUNCIL BILL NO . 40
INTRODUCED BY COUNCIL
MEMBER WAGGONER
AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF
THE STATE OF COLORADO WHO ARE OWNERS OF PROPERTY WITHIN OR
RESIDENTS OF CONCRETE REPLACEMENT DISTRICT 1995 OF THE CITY OF
ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION A
QUESTION AUTHORIZING THE ISSUANCE OF DEBT TO PAY FOR THE
IMPROVEMENTS .
WHEREAS, the City Council of Englewood, Colorado, has determined that it is
necessary to create a special improvement district within the City for the purpose of
providing for the removal and replacement of sub-standard curb, gutter, and sidewalk and
the new construction of curb, gutter, and sidewalk improvements, together with necessary
incidentals , within the City and to assess part of the cost of the improvements against the
real property specially benefited by the improvements and included within the district; and
WHEREAS, pursuant to the Charter of the City and Title 11 , Chapter 2 of the Municipal
Code of the City, the City Council, upon its own initiative, has determined to proceed with the
removal and replacement or new construction and installation of such improvements;
and
WHEREAS, the City of Englewood, Colorado desires to submit a question to the property
owners of the special improvement district as set forth in C .RS. 31-25-534, entitled, Issuing
bonds -property specially benefited; and
WHEREAS, the City of Englewood and the Arapahoe County Clerk and Recorder are in
agreement that procedures may be implemented to coordinate this issue;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Pursuant to the provisions of law the City of Englewood hereby submits for a
vote of the registered electors of the State of Colorado who are owners of property within or
residents of Concrete Replacement District 1995 of the City of Englewood at the 1995 General
Municipal Election the following ballot question :
SHALL THE CITY OF ENGLEWOOD'S DEBT BE INCREASED $285,000, WITH A
REPAYMENT COST OF $420,000; BY THE ISSUANCE AND REPAYMENT OF SPECIAL
ASSESSMENT REVENUE BONDS, SUCH SPECIAL ASSESSMENT BONDS TO BE
ISSUED FOR THE PURPOSE OF PAYING FOR THE COSTS OF REMOVING AND
REPLACING SUBSTANDARD CONCRETE CURB, GUTl'ER, AND SIDEWALK TO
MINIMUM CITY SPECIFICATIONS IN CONCRETE REPLACEMENT DISTRICT 1995;
SUCH SPECIAL ASSESSMENT BONDS SHALL BE PAYABLE SOLELY FROM THE
PROCEEDS OF SPECIAL ASSESSMENTS OR OTHER LEGALLY AVAILABLE
MONEYS OF THE CITY ; SUCH SPECIAL ASSESSMENTS TO BE IMPOSED OVER A
PERIOD OF TEN YEARS AND ONLY UPON PROPERTIES LOCATED WITHIN THE
SPECIAL IMPROVEMENT DISTRICT CREATED WITHIN THE CITY ; AND SHALL
THE PROCEEDS OF SUCH BONDS A.l'IID SPECIAL ASSESSMENTS, AND
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INVESTMENT INCOME THEREON, BE COLLECTED AND SPENT BY THE CITY
WITHOUT REGARD TO ANY EXPENDITURE, REVENUE-RAISING, OR OTHER
LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION?
YF.S __ NO __
Scs;tjgn 2. If the majority of the registered electors who are ownen of property within or
residents of the district voting at said election vote yes for said proposition, the City Council
shall at the earliest practical and lawful time adopt an ordinance conforming to the
affirmative vote of the majority of said registered electors voting at said special election.
Sgc;tjgn 3. If a majority of the registered electors who are owners of property within or
residents of the district vote no for said proposition, the properties located within the local
improvement district shall be assessed for the improvements with their property taxes.
5ec;tign 4. By approving this Ordinance the City is not stating that special assessments
are by any law taxes. It is the purpose of this Ordinance to address the issue of financing
special improvement projects in the most economical manner and to avoid expensive, time
consuming litigation and the uncertainties thereof.
Introduced, read in full, and passed on first reading on the 17th day of July, 1995.
Published as a Bill for an Ordinance on the 20th day of July, 1995.
Read by title and passed on final reading on the 7th day of August, 1995.
Published by title as Ordinance No . _, Series of 1995, on the 10th day of Aucust. 1995.
Thomas J . Bums, Mayor
ATTEST :
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City ofEnclewood, Colorado, hereby certify that
the above and foregoing is a true copy of the Ordinance paned on final readinc and
published by title as Ordinance No . _, Series of 1995.
Loucrilhia A. Ellis
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BY AUTHORITY
ORDINANCE NO .
SERIES OF 1995
COUNCIL BILL NO . 41
INTRODUCED BY COUNCIL
MEMBER HABENICHT
AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF ENGLEWOOD AT THE NEXT GENERAL MUNICIPAL ELECTION A
QUESTION RELATING TO THE ISSUANCE OF BONDS AND AUTHORIZATION FOR
A PROPERTY TAX INCREASE TO PAY FOR THE PROPOSED IMPROVEMENTS TO
THE COMMUNICATIONS FACILITY AT THE SAFETY SERVICES COMPLEX AND
THE PURCHASE OF COMMUNICATIONS EQUIPMENT.
WHEREAS, citizens of Englewood responded to a referred measure in 1993 in the
affirmative (yes : 5 ,600, no: 939) regarding keeping police dispatch in Englewood ; and
WHEREAS, this bill for an ordinance would submit to the registered voters of the City of
Englewood a ballot question for the issuance of debt to finance the construction of a safety
services communications facility and needed communications improvements ; and
WHEREAS, the ballot question would also ask for authorization to impose a property tax
to pay the debt service on the proposed bond issue ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS :
Sectjon 1. Pursuant to the provisions of law the City of Englewood hereby submits for a
vote of the registered electors of the City of Englewood at the 1995 General Municipal
Election the following ballot question:
SHALL THE CITY OF ENGLEWOOD DEBT BE INCREASED $1,400,000 WITH A
REPAYMENT COST OF $2,300,000 AND SHALL THE CITY OF ENGLEWOOD'S TAXES
BE INCREASED $170,000 ANNUALLY FOR THE PAYMENT OF SUCH DEBT, ALL FOR
THE PURPOSE OF CONSTRUCTING IMPROVEMENTS TO THE COMMUNICATION
FACILITIES AT THE SAFETY SERVICES COMPLEX AND THE PURCHASE OF
COMMUNICATIONS EQUIPMENT INCLUDING ALL NECESSARY AND
APPURTENANT FACILITIES , BY THE ISSUANCE AND PAYMENT OF BONDS
PAYABLE FROM SUCH CITY TAXES OR OTHER REVENUES AS THE CITY COUNCIL
MAY DETERMINE, WHICH BONDS SHALL BE SUBJECT TO REDEMPTION, WITH
OR WITHOUT PREMIUM, AND BE ISSUED AT SUCH MAXIMUM INTEREST RATE,
DATED AND SOLD AT SUCH TIME OR TIMES AND IN SUCH MANNER AND
CONTAINING SUCH TERMS NOT INCONSISTENT HEREWITH, AS THE CITY
COUNCIL MAY DETERMINE, WHICH AUTHORIZATION SHALL INCLUDE
AUTHORIZATION TO REFUND SUCH BONDS AND REFUNDING BONDS WITHOUT
ADDITIONAL VOTER APPROVAL; AND IN CONNECTION THEREWITH IF
DETERMINED BY THE CITY COUNCIL (I) SHALL THE CITY'S AD VALOREM
PROPERTY TAXES BE INCREASED IN ANY YEAR IN AN AMOUNT SUFFICIENT TO
PAY THE PRINCIPAL OF, PREMIUM , IF ANY, AND INTEREST ON SUCH BONDS
WHEN DUE , WITHOUT LIMITATION AS TO RATE OR AMOUNT OR ANY OTHER
CONDITION , AND (II) SHALL THE PROCEEDS OF SUCH BONDS , THE REVENUES
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FROM SUCH TAXES AND ANY EARNINGS FROM THE INVESTMENT OF SUCH
PROCEEDS AND REVENUES BE COLLECTED AND SPENT WITHOUT UMITATION
BY ANY REVENUE OR SPENDING LIMITS, AND WITHOUT AFFECTING THE
DISTRICT'S ABILITY TO COLLECT OR SPEND ANY OTHER REVENUES OR FUNDS,
UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY
OTHER LAW?
YES __ NO __
Ses;tjgn 2. If the majority of the registered electors votin1 at said election vote yes for said
proposition the City Council shall at the earliest practical and lawful time adopt an
ordinance conforming to the affirmative vote of the majority of said regiltered electors
voting in the election.
Sec:tjgn 3. If a majority of the registered electors of the City of Englewood vote no for said
proposition the City Council shall reevaluate the method in which communication service,
are provided in Englewood.
Introduced, read in full, and passed on first reading on the 17th day of July, 1995.
Published as a Bill for an Ordinance on the 20th day of July, 1995.
Read by title and passed on final reading on the 7th day of August, 1995 .
Published by title as Ordinance No . _, Series of 1995, on the 10th day of Aupst, 1995.
Thomas J. Bums, Mayor
ATTEST :
Loucri,hia A. Ellis, City Clerk
I, Loucri1hia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that
the above and foregoing i1 a true copy of the Ordinance paued on final readin1 and
published by title as Ordinance No . _, Series of 1995.
Loucrilhia A. Elli,
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ORDINANCE NO . _
SERIES OF 1995
BY AUTHORITY
10 b V
COUNCIL BILL NO. 42
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF ENGLEWOOD AT THE NEXT GENERAL MUNICIPAL ELECTION A
QUESTION RELATING TO THE ISSUANCE OF BONDS AND AUTHORIZATION OF A
PROPERTY TAX INCREASE TO PAY FOR THE PURCHASE OF FIRE EQUIPMENT.
WHEREAS, this bill for an ordinance would submit to the registered voters of the City of
Englewood a ballot question regarding the issuance of debt to finance for the purchase of
fire equipment in order to deliver the services requested by the community; and
WHEREAS, the Department of Safety Services has developed a major apparatus
replacement schedule for purchase and divestiture of fire trucks on a regular and
anticipated basis ; and
WHEREAS, the oldest fire vehicle presently in the fleet is a 1973 Pierce Telesquirt that
was semi-refurbished several years ago , but was due for replacement in 1993; and
WHEREAS, based on demographics and anticipated construction activities over the next
few years, the Fire Division has determined that future replacement of all large fire
pumpers should be on a regular basis, with the preferred model being a
pumper/tanker/aerial combination; and
WHEREAS, the pumper/tanker/aerial combination provides the greatest flexibility and
operational effectiveness for the type of urban firefighting threats endemic to Englewood ;
and
WHEREAS, Safety Services is requesting that a major apparatus capital equipment
replacement fund be instituted to avoid the necessity for future one-time fund allocations;
and
WHEREAS , funding would then be correlated to the vehicle replacement schedule, and a
regular turnover in the fleet could be more easily accomplished ;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS :
Sectjon l. Purs uant to the provision s of law the City of Englewood hereby submits for a
vote of the registered electors of the City of Englewood at the 1995 General Municipal
Election the following ballot question :
SHALL THE CITY OF ENGLEWOOD DEBT BE INCREASED $400,000 WITH A
REPAYMENT COST OF $600,000 AND SHALL THE CITY OF ENGLEWOOD'S TAXES
BE INCREASED $65,000 ANNUALLY FOR THE PAYMENT OF SUCH DEBT, ALL FOR
THE PURCHASE OF FIRE EQUIPME::,JT , BY THE ISSUANCE AND PAYMENT OF
BONDS PAYABLE FROM SUCH CITY TAXES OR OTHER REVENUES AS THE CITY
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COUNCIL MAY DETERMINE, WHICH BONDS SHALL BE SUBJECT TO
REDEMPl'ION, WITH OR WITHOUT PREMIUM, AND BE ISSUED AT SUCH
MAXIMUM INTEREST RATE, DATED AND SOLD AT SUCH TIME OR TIMES AND IN
SUCH MANNER AND CONTAINING SUCH TERMS NOT INCONSISTENT
HEREWITH, AS THE CITY COUNCIL MAY DETERMINE, WHICH AUTHORIZATION
SHALL INCLUDE AUTHORIZATION TO REFUND SUCH BONDS AND REFUNDING
BONDS WITHOUT ADDITIONAL VOTER APPROVAL; AND IN CONNECTION
THEREWITH IF DETERMINED BY THE CITY COUNCIL (I) SHALL THE CITY'S AD
VALOREM PROPERTY TAXES BE INCREASED IN ANY YEAR IN AN AMOUNT
SUFFICIENT TO PAY THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON
SUCH BONDS WHEN DUE, WITHOUT LIMITATION AS TO RATE OR AMOUNT OR
ANY OTHER CONDITION, AND (II) SHALL THE PROCEEDS OF SUCH BONDS, THE
REVENUES FROM SUCH TAXES AND ANY EARNINGS FROM THE INVESTMENT
OF SUCH PROCEEDS AND REVENUES BE COLLECTED AND SPENT WITHOUT
LIMITATION BY ANY REVENUE OR SPENDING LIMITS, AND WITHOUT
AFFECTING THE DISTRICT'S ABILITY TO COLLECT OR SPEND ANY OTHER
REVENUES OR FUNDS, UNDER ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION OR ANY OTHER LAW?
YES NO __
Sec;tjon 2. If the majority of the registered electors voting at said election vote yes for said
proposition the City Council shall at the earliest practical and lawful time adopt an
ordinance conforming to the affirmative vote of the majority of said registered electors
voting in the election .
Ses;tjon 3. If a majority of the registered electors of the City of Englewood vote no for said
proposition the City Council shall reevaluate the method in which fire services are provided
in Englewood .
Introduced, read in full, and passed on first reading on the 17th day of July, 1995.
Published as a Bill for an Ordinance on the 20th day of July , 1995.
Read by title and passed on final reading on the 7th day of August, 1995.
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Published by title as Ordinance No . _, Series of 1995, on the 10th day of August, 1995.
Thomas J. Bums, 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 1995.
Loucrishia A. Ellis
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ORDINANCE NO. _
SERIFS OF 1995
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BY AUTHORITY
COUNCIL BILL NO. 45
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE AMENDING THE WASTEWATER UTILITY ORDINANCE
TITLE 12, CHAPI'ER 2, SECTION 7, OF THE ENGLEWOOD MUNICIPAL CODE
1985 PERTAINING TO DAILY MAXIMUM ALLOWABLE INDUSTRIAL
LOADING OF POUNDS PER DAY FOR POLLUTANTS AT THE
LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT.
WHEREAS, thi1 amendment to the Englewood Municipal Code provides an
alternative method for developing 1ite specific limit.I for metals where it i1
determined to be appropriate; and
WHEREAS, EPA Guidance on Development of Local Limit.I allows for a site-
specific method of allocating the pounds available to industrial users a1 an
alternative; and
WHEREAS, the site specific method of allocation will allow a le11 restrictive
permit limit to be imposed on the industriea involved; and
WHEREAS, the use of a site-specific allocation method will not have any advene
affect on any operation at the Littleton/Enclewood Wastewater Treatment Plant; and
WHEREAS, thi1 ordinance will add a new narrative statement and standards
which will allow for the development of a 1ite specific limit allocated to industries
with the addition of Daily Maximum Allowable Industrial Loadinc of pounds per day
for pollutants which are currently listed a1 uniform concentration local limits; and
WHEREAS, current local limits are lilted u uniform concentration limitations
with the concentration numben beinc baaed on a lbldy completed by the Indultrial
Pretreatment Division; and
WHEREAS, the concentration numbers were developed from the pouncla of metals
allowed to be diacharpd to the treatment plant by Industrial Uaen;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
S@c;tjgn l. The Enclewood City Council hereby approves the amendment to Title 12,
Chapter 2, Section 7, Limitations On Diacharp of the Enclewood Municipal Code
which shall read u follows :
12-2-7 : LIMITATIONS ON DIICIIAIIGB:
A . No person shall diacharp any pollutant in excess of the followinc:
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Po))ut,ant or Po))ut,ant Property
Arsenic, Total (As)
Cadmium, Total (Cd)
Chromium VI (HEX Cr)
Copper, Total (Cu)
Lead, Total (Pb)
Mercury, Total (Hg)
Nickel, Total (Ni)
Zinc, Total (Zn)
Silver, Total (Ag)
Molybdenum (Mo)
Selenium (Se)
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Maximum Concentration
Pailx Average mr/1
2.2
0 .327
0.698
4.0
2.7
0.0004
2.4
36.2
0.4
5 .5
0.989
B . SPECIAL CONDITIONS MAY BE GRANTED :
INDUSTRIAL ALLOCATIONS MAY BE APPROVED UNDER SPECIAL
CONDITIONS AS DETERMINED BY THE DIRECTOR OF UTILITIES .
THE MAXIMUM DAILY ALLOWABLE INDUSTRIAL LOADING
SHALL BE ALLOCATED THROUGH SIGNIFICANT INDUSTRIAL
USER PERMITS. THE TOTAL LOADING TO ALL PERMITTED
INDUSTRIAL USERS SHALL NOT EXCEED THE LEVEL SPECIFIED
BELOW. CHANGES IN LOCAL LIMITS DUE TO INCREASED OR
DECREASED LOADING IN THE SERVICE AREA MAY CAUSE A
CHANGE IN ALLOCATIONS GRANTED UNDER THESE SPECIAL
CONDITIONS. INDUSTRIAL USERS SHALL MONITOR AND
REPORT DAILY FLOWS AS REQUIRED BY THE WASTEWATER
CONTRIBUTION PERMIT. ALLOCATIONS MAY BE REVOKED BY
THE DIRECTOR AND SHALL NOT BE CONSIDERED PROPERTY
RIGHTS .
POJJ,JJl'ANJ' QR POJJ,JITNO' fflQPIRTJ
Anenic. Tocal <All
Cadmium, Tocal (Cdl
Chromium VI <HEX Cr)
C,opper, Teal (Cul
1-d, Total (Pb)
Mercury, Total (U,)
Nickel, Total (Nil
Zinc. Total (Zn>
Silver, Total (Ac)
Molybdenum (Mo)
Selenium (Se)
DAILY MAXIMUM
ALLOWABLE INDUST'llW.
I-OAP CJ BS(QAY>
1Ull8
1.118
U.,l
19.181
12.7111
0.001•
11.IM
1'13.CM'1
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B . C. Petroleum underground 1t.orqe t.ank remediation project.I which have
caused contamination t.o ground water and have been authori&ecl to
discharge treated ground water to the POTW shall meet the followinc
s tandards for maximum concentration daily averqe in uc/1 .
Benzene, Toluene, Ethylbenzene, Xylene&, Total (BTEX) 750 u,11
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Benzene
G. D. Volatile organic compounds and semi-volatile organic compounds shall
be determined on a case by case basis using the·Littleton/Englewood
policy for local limits for volatile and semi-volatile compounds. The
Littleton/Englewood policy shall reflect EPA guidance on development
and implementation of local discharge limitations under the
pretreatment program and best available treatment technologies.
D. E. When necessary for compliance with the Federal Act for the achievement
of technology-based effluent limitations, the Director may exercise beat
professional judgment (BPJ) in utablishing effluent limitation, on a
case-by-case basis for individual permits granted pursuant to Section 12-
2-3. Technoloey·bued effluent limitations based on best profu1ional
judgment (BPJ) shall be made only for good cause and in the absence of
federally promulgated pretreatment standards or local limitations on
discharge .
B. F. Effluent limitations established through the exercise of best professional
judgment (BPJ) shall be made after considering the availability of
appropriate technology, its economic reasonableness, the age of
equipment and facilities involved, the process employed, and any
increase in water or energy consumption .
~-G. Significant industrial users located in Englewood but discharging to the
Metro District shall comply with the local limits of the Metro District or of
this Chapter, whichever is more stringent. (Ord . 58 Series 1991)
Introduced, read in full, and passed on first reading on the 17th day of July, 1995.
Published a, a Bill for an Ordinance on the 20th day of July, 1995 .
Read by title and passed on final reading on the 7th day of August, 1995.
Published by title as Ordinance No ._, Series rx 1995, on the 10th day of August,
1995.
Thomas J . Burns, Mayor
ATTEST :
Loucri1hia A. Ellis, City Clerk
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I, Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby
certify that the above and foregoing is a true copy of the Ordinance paued on final
reading and published by title aa Ordinance No. _, Series of 1995.
Low:riahia A. Elli1
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ORDINANCE NO . _
SERIES OF 1995
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BY AUTHORITY
COUNCIL BILL NO . 47
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT BETWEEN THE
HUDSON FOUNDATION AND THE CITY OF ENGLEWOOD, COLORADO FOR A
DIVERSION GATE STRUCTURE AND PIPE TO BE PLACED ON THE CITY
DITCH.
WHEREAS, a request was made by the King C. Hudson Foundation for a License
Aereement for a diversion gate structure and pipe to be placed on the City Dit.ch; and
WHEREAS, the diversion gate is proposed to be installed on the City Dit.ch at the
Duker Subdivision requiring the moving of a headgate from the Allen Filter Plant to
a location South of Ridge Road ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
$m;t,ign 1. The "License Agreement " with the King C. Hudson and Evelyn Leich
Hudson Foundation is hereby accepted and approved by the Englewood City Council.
The Mayor is authorized to execute and the City Clerk to attest and seal the Aereement
for and on behalf of the City of Englewood, Colorado.
S@rljpn 2. The License Agreement is attached hereto as "Exhibit A".
Introduced, read in full, and passed on first reading on the 17th day of July, 1995.
Published as a Bill for an Ordinance on the 20th day of July, 1995.
Read by title and passed on final reading on the 7th day of August, 1995.
Published by title as Ordinance No . _, Series of 1995, on the 10th day of AU1U1t,
1995.
Thomas J . Bums, Mayor
ATTEST :
Loucrishia A. Ellis, City Clerk
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I, Loucriahia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby
certify th•t the above and foregoing is a true copy of the Ordinance passed on final
reading and published by title as Ordinance No. _, Series of 1995.
Loucriahia A Ellis
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EXEIBIT A
LICENSE AGREEMENT
THIS AGRD:M!:NT, 11&d.e and entarad. into as of the
day of , 19 '"i,y--an-.d...,..ba-~~ een th• cffi OF !ifcftl:wooD, a mmicipa-.,1 ___ _
corporation of Colorado, here~ter referred. to as •city•
and
The King C. Hudson and Evelyn Leigh Hudson Foundation
---, hereiiiilter referred to as •Licensee,•
W!'!'Nl!!SS!:TH: T?i• Ci':}' without any war:.-L"lty of its title
or inte:-.. t whatsoever, her~ authorizes Licensee, its
successor, assigns, to install a
Diversion Gate Structure and Pice under
':!le C~t:'s rights-of-way !or €Se City Ditch, d .. cr~d as a
parcel c! land si-:.:ated in ":!le Ncrtheast Corner o!
Section 20 , Township 5 Sou:n
Ran9e §§ West ---o~f""""'t.h.;,-e----s~i-x-t~h-----
P.M., c:11:."lty o! Arapahoe, S:tu~• o! Colorado and iyi.n9 wiui."l
th• !ol!owi."l9 descril)ed lines:
"A 16 foot wide parcel contained within the northermost
210 feet of the Duker Subdivision, bounded on the west by
the D&RGW Railroad right of way, on the north by the Ridge
Road right of way, and on the east by the Columbine Vista
Subdivision."
Th• above-descri!)ad. parcel contai."\S ___ ._o_s _____ __
acres, more or less.
1. Any const--uction contemplated. or perfoned under this
License shall comply vi th and confer. to standards
formula<:ed by the Director of t7tilities of the City and such
const..-uction shall ba performed and completed according to
t.'le plL~s, consistinc; of one sheet, a copy o! which is
attached hereto and made a pa--t hereof.
2. Th• Licensee shall noti!y the City's Director of
Otilities at least t.hr•• (3) days prior to the tia• o!
comaencaent of the const...-uction of, or any repairs -d• to,
Licensee's
l.nspect sudi
scretl.on,
3. Within thirty (30) days froa the date of the
ccmaencaent of conatruction of said
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Diversion Gate Structure and Pioe the Licensee
shall complete such construction, place and maintain
permanent, visible markers, ot a type and at such locations
as designated by the City's Director ot Utilities, referring
to the centerline of the installation and shall clear the
crossing area of all construction debris and restore the
area to its previous condition as near as :may be reasonable.
In the event the placing ot the centerline kers and the
clearing and restoration of the crossing area is not
completed within the tillle specified, the City may complete
the work at the sole expense ot the Licensee.
4. The City shall have the right to maintain, install,
repair, remove or relocate the City Ditch or any other of
its tacililties or installations within the City's rights-
ot-way, at any tillle and in such manner as the ~ity deems
necessary or convenient. The City reserves the exclusive
right to control all easements and installations. In the
event the Diversion Gate Structure & Pioe should interfere
with any future use of the City's rights-ct-way by the City,
the Licensee shall, upon request and at its sole expense,
relocate, rearrange, or remove its installations so as not
to interfere with any such use.
s. Any repair or replacement of any City installation made
necessary, in the opinion of the City's Director of
Utilities because of the const-..-uction of the
Di version Gate Structure and Pioe
or o~he~ ac~u:":enant ins~al:a~ion --c..~ereo!, shall be made a~
t.~e sole expense of t.~e Licensee.
6. The sti?ulation and conditions o! t.~is Lie•~•• shall be
incorporated into contract specifications i! the
cor.struct~on herein authorized is to be done a contract
basis.
7. The rights and privileges granted in this License shall
be subject to prior agreements, licenses and/or grants,
recorded or unrecorded, and it shall be the Licensee's sole
responsibililty to determine the existence of said documents
or conflicting uses or installations.
a. The Licensee shall contact and fully cooperate with the
City's personnel and the construction shall be completed
without interference with any lawful, usual or ordinary flow
of water through the City Ditch. Licenaee shall asswae all
risks incident to .the possible presence of such waters, or
of storm waters, or of surface waters in the City Ditch.
9. All trenches or holes within the City's rights-of-way
shall be backfilled and tamped to the original ground line
in layers not to exceed six (6) inches loose aeasure to a
compaction of ninety per cent (901) Standard Proctor K&xilllum
Density •
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10. Licensee, by acceptance ot this license, expressly
assumes full and strict liability tor any and all damages of
every nature to person or property caused by water trom the
ditch leaking through the ditch banks or pipeline at the
point or points where the Licensee performs any work in
connection with the crossing provided by this license. The
Licensee assumes all responsibility tor :maintenance of the
installation.
11. Licensee shall indemnify and save h&%'1aless the City, its
officers asnd employees, against any and all clai.lls,
damages, actions or causes ot action and expenses to which
it or they may be sul:)jected by reason ot said
Diversion Gate Structure and Pioe
being with.in and across and under the premises of the City
or by reason ot any work done or omission :ad• by Licensee,
its agents or employees, in connection with the
cons~ction, replaceme~t, maintenance or repai:' of said
installation.
12. It is expressly agreed that in case of Licensee's breach
of any of the within promises, the City :may, at its option,
have speci!ic performance thereot, or sue tor damages
resulting from such b~each.
13. Upon abandonment of any right or privilege herein
granted, the right of Licensee to that extent shall
te..""Jllinate, but its obligation to indemnify and save ha..""Jllless
the City, its o!!ic~• and employees, shall not terminate in
any event. ·
In granting the above authorization, the City reserves the
right to aake full use of the property involved as uy be
necessary or convenient in the operation of the water works
plant and system under the control of the City.
IN WITNESS WHEREOF, this instruaent has been executed
as of the day and ye~ first above written.
ATTEST: CITY OF ENGLEWOOD,
City Clerk Mayor
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COUNCIL COMMUNICATION
Date
August 7, 1995
Initiated By
De artment of Financial Services
Agenda Item
11 a ii
Subject
Bill for an ordinance adding a
section to Title 5, Chapter 3A
of the Englewood Municipal
Code
Staff Source
Frank G lewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The Englewood Liquor Licensing Authority has heard cases in which bar fights occurred, but
were not reported by liquor establishments. The City Council has made the health , safety,
and welfare of the citizens of Englewood an ongoing goal. The additions to Code contained in
this bill for an ordinance support this Council goal.
RECOMMENDED ACTION
Staff recqrt,(!lends Council approve the attached bill for an ordinance adding Section 12 to
Englewocbd Municipal Code Title 5, Chapter 3A.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Recently, the Englewood Liquor Licensing Authority has had cases in which liquor
establishments did not report bar fights at their establishments. This bill for ordinance adds
Section 12. Section 12A requires the licensed premises be conducted in a decent, orderly,
and respectable manner; and prohibits loitering of intoxicated persons or habitual drunkards .
The Section 12A also prohibits profanity, rowdiness, undue noise, or other disturbances or
activity offensive to the senses of the average citizen or residents of the surrounding
neighborhood . Section 128 requires the licensee to immediately report any unlawful or
disorderly act or conduct committed on the licensed premises to the police department.
Section 12C establishes the punishment for violations of the Chapter.
FINANCIAL IMPACT
None
LIST OF ATTACHMENTS
Proposed bill for an ordinance
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ORDINANCE NO . _
SERIES OF 1995
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BY AUTHORITY
A BILL FOR
COUNCD. BILL NO. 46
INTRODUC~
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AN ORDINANCB AMDJDING Tft'LE I, CHAP'l'IIR IA, OP THE BNGLIIWOOD
MUNICIPAL CODE BY ADDING A NEW SECTION 12, DISORDERLY BEHAVIOR;
REPORT BY t,cmfSEE PERTAINING TO LIQUOR LICENSING AUTHORITY FOR THE
CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the Englewood Liquor Licensing Authority has recently had cases in which
liquor establishments did not report bar fights at their establishments; and
WHEREAS, these establishments removed the fighting patrons from the bar forcing them
into the parking lot and street; and
WHEREAS, the tint paragraph defining conduct tracks exactly with the state regulation;
and ·
WHEREAS, the second paragraph of the ordinance requires reporting as preventive
measure; and
WHEREAS, if the police are called by the bar owner they can prevent many incidents from
effecting the neighbors and neighborhood in a pro-active mode; and
WHEREAS, the third paragraph limits the penalty by excluding criminal prosecution;
and
WHEREAS, this Ordinance will protect the health, safety and welfare of the citizens of
Englewood;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
5cstion 1 The City Council of the City of Englewood, Colorado hereby approves amending
Title 5, Chapter 3A, of the Englewood Municipal Code by adding a new Section 12,
DISORDERLY BEHAVIOR; REPORT BY LICENSEE pertaining to the Liquor Licensing
Authority for the City of Englewood, Colorado. Title 5, Chapter 3A, Section 12, shall read u
follows :
5-3A-12: DISORDERLY BEHAVIOR; REPORT BY LICENSEE:
A . EACH LICENSEE SHALL CONDUCT THE LICENSED PREMISES IN A
DECENT, ORDERLY AND RESPECTABLE MANNER,' AND SHALL NOT
PERMIT ON THE LICENSED PREMISES THE SERVING OR LOITERING OF
AN APPARENTLY INTOXICATED PERSON OR HABITUAL DRUNKARD,
NOR SHALL THE LICENSEE, HIS EMPLOYEE OR AGENT PERMIT
PROFANITY, ROWDINESS, UNDUE NOISE, OR OTHER DISTURBANCES OR
ACTIVITY OFFENSIVE TO THE SENSES OF THE AVERAGE CITIZEN, OR TO
THE RESIDENTS OF THE NEIGHBORHOOD IN WHICH THE LICENSED
ESTABLISHMENT IS LOCATED .
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LICENSEE, SHALL IMMEDIATELY REPORT TO THE POLICE DEPARTMENT ,. Arr.::1
-UNIAWFUL OR DISORDERLY ACr O~ACOMJO'l'T"l' ON~ }/µ!JXU~
THE LICENSED PREMISES. .,M ~ ,U\) ~
SUSPENSION OR REVOCATION OF THE LIC E UNDER THE ,'f--
PROCEDURES SET FORTH IN THIS CHAPrER SHALL BE THE SOLE _;,J_ •
PUNISHMENT FOR VIOLATION OF THIS SECTION. THIS PARAGRAPH tRJFl1}(
SHALL NOT PROHIBIT A SEPARATE CHARGE FROM BEING FILED UNDER
ANOTHER CODE PROVISION OR STATtrrE NOR SHALL THIS PROHIBIT
.NY SEPARATE CML ACTION BY THE CITY OF ENGLEWOOD OR
..MOTHER PARTY.
f ~ / aced, read in full, and paped on fint readinc on the 7th day of Aucust, 1995.
{1-'<1 , hod u a Bill f~ M Onm,-~ tho 10th day« ....... 1996
Thomas J. Bumi, Mayor
ATTEST :
Loucriahia A. Elli,, City Clerk
I, Loucrishia A. Elli1, City Clerk of the City of EncJewood, Colorado, hereby certify that the
above and forqoinr i1 a true copy of a Bill (or an Ordinance, introduced, read in full, and
paped on fint readinr on the 7th day Aupst, 1995.
A~
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LICENSEE, SHALL IMMEDIATELY REPORT TO THE POLICE DEPARTMENT .. ~~
MN UNLAWPt!L OR DISORDERLY ACT O~~!r4COMMffl'Ell ON• ffi'C(U~
THE LICENSED PREMISES. .,60 ~ -1.A\JT
SUSPENSION OR REVOCATION OF THE LIC E UNDER THE
PROCEDURES SET FORTH IN THIS CHAPTER SHALL BE THE SOLE
PUNISHMENT FOR VIOLATION OF THIS SECTION. THIS PARAGRAPH
SHALL NOT PROHIBIT A SEPARATE CHARGE FROM BEING FILED UNDER
ANOTHER CODE PROVISION OR STATUTE NOR SHALL THIS PROHIBIT
ANY SEPARATE CML ACTION BY THE CITY OF ENGLEWOOD OR
ANOTHER PARTY.
Introduced, read in full, and puaed on first rudinc on the 7th day of Aupat, 1995.
Published u a Bill for an Ordinance on the 10th day of August. 1995 .
Thomas J. Suma, Mayor
ATTEST:
Loucriahia A. Ellis, City Clerk
I, Loucriahia A. Ellis, City Clerk oC the City oC Enelewood, Colorado, hereby certify that the
above and forepill( ia a true copy of a Bill for an Ordinance, introduced, read in full, and
puled on first readill( on the 7th day Aucuat. 1995. ~ ./) AP~ __ Lo_w:rishia __ -. -A.-~--~~~
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COUNCIL COMMUNICATION
Date Agenda Item Subject
August 7, 1995 Bill for an ordinance adding a
section to Title 5, Chapter 3A
of the Englewood Municipal
Code
Initiated By I Staff Source
Department of Financial Services Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The Englewood Liquor Licensing Authority has heard cases in which bar fights occurred, but
were not reported by liquor establishments. The City Council has made the health, safety,
and welfare of the citizens of Englewood an ongoing goal. The additions to Code contained in
this bill for an ordinance support this Council goal.
RECOMMENDED ACTION
Staff recommends Council approve the attached bill for an ordinance adding Section 12 to
Englewood Municipal Code Title 5 , Chapter 3A.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Recently, the Englewood Liquor Licensing Authority has had cases in which liquor
establishments did not report bar fights at their establishments. This bill for ordinance adds
Section 12 . Section 12A requires the licensed premises be conducted in a decent, orderly,
and respectable manner; and prohibits loitering of intoxicated persons or habitual drunkards.
The Section 12A also prohibits profanity, rowdiness, undue noise, or other disturbances or
activity offensive to the senses of the average citizen or residents of the surrounding
neighborhood . Section 128 requires the licensee to immediately report any unlawful or
disorderly act or conduct committed on the licensed premises to the police department.
Section 12C establishes the punishment for violations of the Chapter.
FINANCIAL IMPACT
None
LIST OF ATTACHMENTS
Proposed bill for an ordinance
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City of Englewood
OFFICE OF THE CITY ATTORNEY
Daniel L llratzman, Cly AlliDrMY
Nanc:y Raid, Aulllanl Cly ,.,,,,..,
Dugan s . c-. Maillanl Cly Allltlm,f
July 10, 19915
David Reitz
State of Colorado Department m Revenue
Liquor Enforcement Division
1375 Sherman Street -#600
Denver, Colorado 80261-2246
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~ S . EIIIII S1l'8lt
Eng!Nood, COllndD I0110-Z3Cl'
"'-(303) 782-Z3ZO
Ffi(J( (303) 79-11 Z5
Thank you for your recent letter of July 3, 199G reprdinc our liquor code reportiq
requirement. I believe when the Attorney Generals Ofllce performed the review for
Lowland it did ao with rnpec:t t.o a atutory city. In speelrin1 with many of the local home
rule munic:q,alitiN there ia a CODMDIUS that home rule powers permit this type of
replation. Denver, Weltmimter, Aurora and Littleton all have lanpap that puallela
our propoal.
We thank you for your concern and att.mtioll to this matter; howwer, under Enalewood'•
home rule powers -will be proceedinr with this ordinance.
cc: Pete Meenman
Cliff' Hyp1her
DB/nf
Si~n l,, 0
D L. B tzman
City Atto
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STATE OF COLORADO
LIQUOR ENFORCEMENT DIVISION
~rtment o/Revenue
13 7 5 Sherm•n Street. Room 600
Denver. Colorado 80261
Phone (3 03 11166•3741
FAX (303 11166-45,1 l
July 3, 1995
Daniel L. Brotzman
City Attorney
3400 S . Elati Street
Englewood CO 80110-2304
Re : City of Englewood proposed ordinance 5-3A-12
Dear Mr. Brotzman :
• RoyR~r
Governor
~nv Fagan
E•ecur ive Director
D•vid C. Reitz
Divi5t(N"I O in!Ct Or
Mr. Pete Meersman of the Colorado Restaurant Association had previously advised me
that the City of Englewood had proposed enacting a municipal ordinance that could
subject retail liquor licensees, within the City of Englewood, to liquor license suspension
or revocation proceeding for a violation of this ordinance. Mr. Meersman is aware that in
past legal review of issues similar to this, that the Attorney General's Office, and therefore
the Division , have taken the position that a liquor license may only be suspended or
revoked, with a few exceptions, for violations of state statute or state promulgated
regulations.
The legal basis of this analysis are detailed in the attached opinion but as a synopsis of
opinion in this area I would provide the following:
Liquor Code: Under 12-47-110(1) C .R.S . either the state or local licensing authority
may suspend or revoke any license issued by such authority for any violation by the
licensee "of the provisions of the article, or any of the rules or regulations authorized
pursuant to this article or of any of the terms, conditions, or provisions of the license
issued by such authority .•
The Liquor code does not speak to permitting a license suspension for local law or
rule violations (except for Temporary Permits, refer 12-47-106.5(5) C .R.S.), nor
does it delegate liquor rule making under 12-47-105(1)(b) and (2)(c) C .R. S . to local
government. It is due to these factors that the Attorney General and Liquor Division
have developed the opinion that a local rule violation should not be utilized in liquor
license suspension or revocation proceedings .
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Daniel L. Brotzman
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Beer Code: The Beer Code under 12-46-107(1) C.R.S . contains similar language
to 12-47-110(1) C.R.S ., however unlike the Liquor Code, the Beer Code under 12-
46-106(10) C.R.S. specifically empowers local licenSinQ authoritieS to •make such
reasonable rules and regulations with respect to the sale of fermented malt
beverages, not inconsistent with the provisions of this article:
Therefore, under the authority granted local licensing authoritieS in the Beer Code
it is our opinion that a local ficelWin9 authorilY may suspend or revoke a fermented
malt beverage (3.2% beer) licensee for a local rule violation.
I hope that this information is helpful in deterfflining whether, and to what extent, the City
of Englewood desires to proceed with its proposed ordinance 5-3A-12. V\lhile I am
comfortable with our legal analysis in this area of law I would like to ~ to you my
discomfort in taking a position that would appear to be adverse to the authority of local
government, whom we truly see as our partners in liquor licenSinQ and enfo.c;em9r1l If you
have any additional questions in this regard do not heSitate to contact me personally.
fuc.~
David C . Reitz +
Director
cc: Pete Meersman, Colorado Restaurant Association
Matt Cook , L.E .O
Joan Vecchi, L.E.D
Cliff Hypsher, Altf. Generals Office
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Gale A. Norton
Attorney General
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IDl1r 9tatr of Qtolarabo
DEPARTMENT OF LAW
Raymond T. Slaughter Ol"P'IC& 01" THC AffOIINC'T CICNCIIAL.
Chief Deputy Attorney General
Timothy M. Tymkovtch
Solicitor General
TO:
THRU:
FROM:
RE:
David c. Reitz
Director
July 9, 1992
MEMORANDUM
Division of Liquor Enforceaent
Maurice Knaizer If//<
Deputy Attorney General
General .Legal Services
Thomas D. Fekil"}:n, -~
Assistant At~y~ral -
General Legal Services
Local authority question•
~ RECEIVED
OCT 1 61992
LIQUOR ENF. DIV.
,,,_
STATE SERVICES BUILDING
1525 Sherman Street -5th Floor o.n-. Colorado 80203
Phone (303) IH-4500 I 886-3611
FAX (303) IH·501
NOTE: This memorandwa reflects the leqal opinion of the author-
ing attorney, and is not to be construed as an official opinion
of the Attorney General.
QUESTION PRESENTED
Are local licensing authorities eapovered to proaulgate rules and
regulations binding upon liquor license~•, including tho•• which
require the testing of all licens .. s?
BRIEF ANSWER
Although local licensing authoriti•• are eapovered to proaulgate
rules and regulations, th••• rules and regulation• aay only ad-
dress specific portions of extant atatutory law; they aay not
legislate new matters not already provided by the Colorado leqi•-
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David c. Reitz
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lature.
DISCUSSION
Section 12-46-106 C.R.S. (1991) provides, in pertinent part:
(10) The local licensing authorities hav-
ing the power to issue licenses pursuant to
this article have the power to aake such
reasonable rules and regulations with
respect to the sale of fermented malt bev-
erages, not inconsistent with the provi-
sions of this article, as de .. ed proper.
Section 12-47-106 C.R.S. (1991) provides, in pertinent part:
(5) A temporary permit aay be cancelled,
revoked, or suaaarily suspended if the
local or state licensing authority deter-
mines that there is probable cause to be-
lieve the transferee has violated any
provision of this article or has violated
any rule or regulation adopted by the local
or state licensing authority ••
Section 12-47-110 C.R.S. (1991) provides, in pertinent part:
(1) In addition to any other penalties
provided by this article, the state or any
local licensing authority has the power
••• to suspend or revoke any license
issued by such authority for any violation
by the licensee ••. of the provisions of
this article, or any of the rules or regu-
lations authorized pursuant to this article
See also S 12-47-lJO(l)(a) c.R.S. (1991) (violation of rules
and regulations constitutes a aisdeaeanor).
Section 12-47-138 c.R.S. (1991) provides, in pertinent part:
(1) (d) (IV) The local licensing authority
of any city and county, by rule or regula-
tion, the governing body of any other
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municipality, by ordinance, and the govern-
ing body of any other county, by resolu-
tion, may eliminate or reduce the distance
restrictions imposed .•..
It is apparent the legislature has allowed the local
licensing authorities the power to regulate the sale of fermented
malt beveragea. S 12-46-106 C.R.S. (1991). Conapicuoualy
absent from the liquor code, however, is the authority to regu-
late the sale of liquors. Such an indication of legislative
intent could be no more pronounced, especially where the state
licensing authority has received the power to regulate. Gettman
v. Board of County Commissioners of Morgan county, 122 Colo. 185,
189, 221 P.2d 363, 365 (1950).
When considering the local licensing authority power to regulate
the sale of fermented malt beverages, several considerations con-
trol. Regulatory power aust be preceded by a framework of stan-
dards, which standards •effectuate the worthy purpose of uniform-
ity." Big Top, Inc. v. Schooley, 149 Colo. 116, 120, 368 P.2d
201, 203.
The power of an officer or board or city to
administer a state atatute and to pr .. cribe
rules and regulations to that and i• not
the power to aake law, but the power to
adopt regulations to carry into effect the
will of the General Assembly as expreaaed
by statute.
It is not the function of the delegate to
modify or contravene the policy eatablishad
by the delegator.
Id. Therefore, regulation auat fall within the pariaeter of the
statute. Id., 149 Colo. at 121, 368 P.2d at 204.
As the fermented malt beverages and liquor codes do not expressly
provide for the testing of a licensee, or applicant, it would ap-
pear the legislature has directed the policy on the iaaue. Teat-
ing is no subject to be lightly iaplied, especially where the
legislature has seen fit to i•po•e that requir ... nt in other
occupational arenas. !.:_g. S 12-6-104(3)(j) C.R.S. (1991)
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(Motor vehicle dealer licensing board is specifically eapowered
to teat the suitability of applicants for licenaure). Local
licensing authorities may not legislate such a condition upon
licensure when the legislature has chosen not to do so.
AG Alpha No. RV MV FBKDF
AG File No. E9218113.140
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COUNCIL COMMUNICATION
Date August 7, 1995
INITIATED BY
STAFF SOURCE
Agenda Item
11 a iii
Administrative Services
Doug Clark and Dan Brotzman
Subject Amendment to the Career
Service Chaner Change and
Ballot Question
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council Bill No. 38, Series of 1995 was introduced on July 17, 1995 on first reading. A motion was
made to amend the proposal before Council to adopt the Career Service Board's recommendation of
elimination of the Board by placing the remaining responsibilities in the hands of a hearing officer.
ISSUE AND ACTION PROPOSED
Further amendments are proposed to Sections 137 and 138 of the Englewood Home Rule Charter. The
proposed ballot question will also reflect these revisions.
BACKGROUND
The proposed amendments to Sections 137 and 138 of the Englewood Home Rule Charter comply with
the motion to eliminate the Career Service Board and put the remaining functions in a hearing officer
process. Although in compliance with the motion, sections not previously addressed under the Charter
also have to be modified to fully implement the motion. Council will ncai to review the additional
modifications to the Charter and ballot language, move to amend the original ordinance to adopt the
changes and have the ordinance republished and set for a new final reading date.
PROS AND CONS OF OPTIONS REVIEWED
The positive side of adopting the changes would be to fully coordinate Charter language to implement the
binding arbitration process. The final housekeeping measures would fully implement staff's
recommendations, the Career Service Board's recommendations and Council's approval of the binding
arbitration process. The only negative to amending the current ordinance will be a certification issue to the
County Clerk under the current election calendar. All of the other ballot questions that are not being
amended may be cenified by the City Clerk prior to sending the questions to the County Clerk. This
proposal will be sent to the County Clerk and will become effective after the County Clerk receives our
material and begins processing it.
STAFF ANALYSIS
The additional amendments are recommended to complete final housekeeping of this matter.
FINANCIAL IMPACT
The additional amendments pose no additional financial impact .
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ORDINANCE NO . _
SERIES OF 1995
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COUNCIL BILL NO. 38
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS
OP THE CITY OF ENGLEWOOD AT THE NErl' SCHEDULED GENERAL
MUNICIPAL ELECTION PROPOSED AMENDMENTS TO THE CHARTER OF
THE CITY OF ENGLEWOOD, COLORADO REGARDING THE ENGLBWOOD
EMPLOYEE RELATIONS AND CABEERSERVICE SYSTEM ACT DEFINITIONS.
IIABGAINING RIGHTS, SUBJECTS POR COLLECTIVE BARGAINING, IMPASSE
RESOLUTION, THE CAREER SERVICE SYSTEM, CAREER SERVICE BOARD,
Dt1l'IE8 AND POWERS OF THE CAREER SEllVICE BOARD AND EFFECTIVE
DATE-VESTED RIGHTS UNDER THE CAREER SERVICE SYSTEM TO PROVIDE
FOR A BINDING ARBITRATION PROCESS.
WHEREAS, the proposed amendments will provide for a binding arbitration
process; and
WHEREAS, the binding arbitration process complies with the standards set forth
in Greeley Police JJnjpn v City Cpunc:il pf Greeley 553 P.2d 790 (1976); C.itx..ADll
Cpunty pf Qenver v Denver fire fidltc:cs LQs:al 858,663 P .2d 1002 (1983); Littleton
Educatjpn Aagjatjpn v Arapoboe Cpunty School Qj&t.rjct . 553 P.2d 793 (Colo . 1976)
and Regjpnal Transoon,atipn Qjstrjct v Cplpradp Department pf Labpr and
Emplpymeot Qjyjsjpn pf J•hor 830 P.2d 942 (1992); and
WHEREAS, the proposed proceH should provide for a fair and equitable means of
dispute resolution; and
WHEREAS, the power of the Career Service Board to modify is replaced with a aet of
standards which should be more understandable and equitable to employee1; and
WHEREAS, the proposed amendments will provide for a more cost eft'eetive
method of resolving issues; and
WHEREAS, the proposed amendments provide for acceptance for only a final
offer, not a piecemeal decision ; and
WHEREAS, the City Council, which has been elected by Englewood citizens under
our system of representative democracy, will appoint the arbitrator from a lilt of
names presented jointly by the City Manager and the Employee Organization ; and
WHEREAS, the City manapment hu met with the En,lewood Employ-
A.aaociation , Enalewood Fire Fichter& A.aaociation and the Enalewood Police Benefit
A.aaociation and have come to a tentative agreement recardina the propoaed
amendment1; and
WHEREAS, the City mana,ement ha1 also met with employee• not covered by an
uaociation, ha1 ,one ov e r the proposed chance• with them and received their
comment1 ; and
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WHEREAS , the Career Service Board held a Public Hearing on the proposed
changes ; and
WHEREAS, modifications have been made to adopt the Career Service Board's
recommendations ; and
WHEREAS, the un ions, City management and the Englewood City Council are of
the opinion that it is in the best interest of all parties to have a mandatory arbitration
process ;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT :
Scctjgn 1. There is hereby submitted to the registered electors of the City of
Englewood at the next scheduled general municipal election proposed amendments to
the Charter of the City of Englewood .
If Question No . _, is approved by the registered electors, upon certification thereof
to the office of the Secretary of State of the State of Colorado, pursuant to Section 9,
Article XX, of the Colorado Constitution and Section 31 -2-210 Colorado Revised
Statutes, Article XV of the Home Rule Charter of the City of Englewood shall be
amended by repealing and reenacting the following Sections 137:2, 137:3, 137 :5,
137:6 , 138 :1, 138:3, 138 :4 and 138 :5 as follows :
137:2 DEFINITIONS
AS UTILIZED IN THIS ARTICLE OF THE CHARTER, THE FOLLOWING
DEFINITIONS SHALL BE OBSERVED :
(A) ·APPOINTING AUTHORITY-. THE APPOINTING AUTHORITY IS
THE CITY MANAGER.
(8 ) ·PERMANENr. A FULL-TIME CLASSIFIED EMPLOYEE WHO HAS
SUCCESSFULLY COMPLETED A PROBATIONARY PERIOD IN A
CLASSIFIED POSITION AFTER ORIGINAL APPOINTMENT OR
PROMOTION BY THE APPOINTING AUTHORITY . A PERMANENT
EMPLOYEE IS SUBJECT TO THE PROTECTION OF THE CAREER
SERVICE SYSTEM .
(C) ·CLASSIFIED SERVICE·. ALL FULL-TIME PERMANENT
CLASSIFIED POSITIONS THAT ARE INCLUDED WITHIN THE
CAREER SERVICE SYSTEM .
(D) ·EMPLOYER OR CITY EMPLOYER·. THE MAYOR, AND MEMBERS
OF THE CITY COUNCIL, CITY MANAGER AND HIS OR HER
DESIGNEES FOR PURPOSES OF COLLECTIVE BARGAINING.
(E) ·CONTRACTUAL EMPLOYMENr. EMPLOYMENT
RELATIONSHIP NOT A PART OF THE CAREER SERVICE SYSTEM
FOR A SET PERIOD OF TIME FOR SPECIAL PROJECTS OR
PROGRAMS OR FOR OTHER MANAGERIAL AND PROFESSIONAL
ASSISTANCE .
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(F) "CONFIDENTIAL EMPLOYEE". AN EMPLOYEE WHO IS PRIVY TO
DECISIONS OR WHO HAS ACCESS TO INFORMATION OF CITY
MANAGEMENT AFFECTING EMPLOYEE RELATIONS OR WHOSE
FUNCTIONAL RESPONSIBILITIES OR KNOWLEDGE OF THE CITY
AFFAIRS MAKES MEMBERSHIPS OR PARTICIPATION IN THE
AFFAIRS OF AN EMPLOYEE ORGANIZATION IMCOMPATIBLE OR
INCONSISTENT WITH THE OFFICIAL DUTIES OF EMPLOYMENT.
FOR PURPOSES OF THIS DEFINITION IT IS CONCLUSIVELY
PRESUMED THAT ANY INDIVIDUAL EMPLOYEE IN THE CITY
MANAGER'S OFFICE OR IN THE EMPLOYEE RELATIONS
DEPARTMENT OR IN THE CITY ATI'ORNEY'S OFFICE IS A
CONFIDENTIAL EMPLOYEE . ...
(G) ·coNFIDENTIAL SECRETARY-. ONE PERSON IN THE OFFICE OF
EACH DEPARTMENT, BOARD OR COMMISSION AND CITY
COUNCIL AS DESIGNATED BY THE CITY MANAGER .
(H) "MANAGERIAL EMPLOYEE". THE CITY MANAGER,
DEPARTMENT HEADS AND ASSISTANT DEPARTMENT HEADS .
(I) "SUPERVISOR". AN INDIVIDUAL HAVING THE AUTHORITY,
CONSISTENT WITH OTHER PROVISIONS OF THIS ARTICLE, IN
THE INTEREST OF THE EMPLOYER TO HIRE, FIRE, TRANS1''ER,
SUSPEND, LAY-OFF, RECALL, PROMOTE, DISCHARGE, ASSIGN,
REWARD , DISCIPLINE OR EVALUATE OTHER EMPLOYEES, OR TO
ADJUST THEIR GRIEVANCES, OR EFFECTIVELY TO RECOMMEND
ANY OF THE FOREGOING IF, IN CONNECTION WITH THE
FOREGOING, THE EXERCISE OF SUCH AUTHORITY IS NOT OF A
MERELY ROUTINE OR CLERICAL NATURE, BUT, RATHER,
REQUIRES THE USE OF INDEPENDENT JUDGMENT.
(J ) "CITY RIGHTS". THE CITY SHALL HAVE, IN ADDITION TO ALL
POWERS , DUTIES AND RIGHTS ESTABLISHED BY
CONSTITUTIONAL PROVISION, STATUTE, ORDINANCE,
CHARTER OR SPECIAL ACT , THE EXCLUSIVE POWER, DUTY AND
RIGHTS TO:
(i ) DETERMINE THE OVERALL MISSION OF THE CITY AS A
UNIT OF GOVERNMENT.
(ii ) TO MAINTAIN AND IMPROVE THE EFFICIENCY AND
EFFECTIVENESS OF CITY OPERATIONS .
(iii) TO DETERMINE THE SERVICES TO BE RENDERED, THE
OPERATIONS TO BE PERFORMED, THE TECHNOLOGY TO BE
UTILIZED , OR THE MATTERS TO BE BUDGETED .
(iv) TO DETERMINE THE OVERALL METHODS, PROCESSES, I MEANS , JOB CLASSIFICATIONS OR PERSONNEL BY WHICH • • CITY OPERATIONS ARE TO BE CONDUCTED .
(v) TO DIRECT, SUPERVISE, HIRE, PROMOTE, TRANSFER,
ASSIGN , SCHEDULE, RETAIN OR LAY -OFF EMPLOYEES .
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(vi) TO SUSPEND, DISCIPLINE, DISCHARGE, AND DEMOTE FOR
CAUSE, ALL FULL-TIME PERMANENT CLASSIFIED
EMPLOYEES.
(vii) TO RELIEVE EMPLOYEES FROM DUTIES BECAUSE OF LACK
OF WORK OR FUNDS, OR UNDER CONDITIONS WHERE THE
CITY DETERMINES CONTINUED WORK WOULD BE
INEFFICIENT OR NONPRODUCTIVE .
(viii) TO TAKE WHATEVER OTHER ACTIONS MAY BE
NECESSARY TO CARRY OUT THE WISHES OF THE PUBLIC
NOT OTHERWISE SPECIFIED HEREIN OR LIMITED BY A
COLLECTIVE BARGAINING AGREEMENT.
(ix) TO TAKE ANY AND ALL ACTIONS TO CARRY OUT THE
MISSION OF THE CITY IN CASES OF EMERGENCY.
(x ) NOTHING CONTAINED HEREIN SHALL PRECLUDE THE
CITY FROM CONFERRING WITH ITS EMPLOYEES FOR THE
PURPOSE OF DEVELOPING POLICIES TO EFFECTUATE OR
IMPLEMENT ANY OF THE ABOVE-ENUMERATED RIGHTS .
ALL POWERS, DUTIES AND RIGHTS AS ENUMERATED
ABOVE SHALL BE WITHIN THE EXCLUSIVE RIGHT OF THE
CITY EXCEPT AS LIMITED OR MODIFIED BY A COLLECTIVE
BARGAINING AGREEMENT.
(K) "EMPLOYEE RIGHTS". A FULL-TIME CLASSIFIED EMPLOYEE
WHO IS NOT A CONFIDENTIAL EMPLOYEE, A MANAGERIAL
EMPLOYEE, OR A SUPERVISOR SHALL HAVE THE RIGHT :
(i) TO FORM, JOIN , SUPPORT OR PARTICIPATE IN, OR TO
REFRAIN FROM FORMING, JOINING, SUPPORTING, OR
PARTICIPATING IN ANY EMPLOYEE ORGANIZATION OR ITS
LAWFUL ACTIVITIES; AND
(ii ) TO BARGAIN COLLECTIVELY THROUGH THEIR CERTIFIED
EMPLOYEE REPRESENTATIVE.
(iii) NO EMPLOYEE SHALL BE INTERFERED WITH,
RESTRAINED, COERCED OR DISCRIMINATED AGAINST
BECAUSE OF THE EXERCISE OF THESE RIGHTS NOR SHALL
THE RIGHT OF AN INDIVIDUAL EMPLOYEE TO DISCUSS
EMPLOYMENT CONCERNS WITH THE CITY BE INFRINGED
UPON .
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"APPROPRIATE EMPLOYEE BARGAINING UNIT (OR
APPROPRIATE BARGAINING UNIT)". AN EMPLOYEE UNIT
DESIGNATED BY TIIE CITY TO BE APPROPRIATE FOR 1HE
PURPOSE OF COll.ECTIVE BARGAINING. IN DETERMINING 1HE
APPROPRIATE BARGAINING UNIT 1HE CITY SHALL HAVE NO
AUTHORITY TO INCLUDE ANY EMPLOYEE OTHER THAN A
FlJLL.TIME CLASSIFIED EMPLOYEE. A FlJLL.TIME CLASSIFIED
EMPLOYEE MAY BE CONSIDERED FOR INCLUSION IN 1HE
APPROPRIATE BARGAINING UNIT EXCEPT:
(i) ANY ELECTED OFFICIAL OR PERSON APPOINTED TO FILL A
VACANT ELECTED POSITION, OR ANY BOARD OR
COMMISSION MEMBER OR JUDGE, OR PERSON APPOINTED
TO A POSITION BY CITY COUNCIL.
(ii ) CITY MANAGER, ASSISTANTS TO THE CITY MANAGER AND
EMPLOYEES OF THE CITY MANAGER'S OFFICE,
DEPARTMENT HEADS , CITY ATTORNEY AND EMPLOYEES
OF THE CITY ATTORNEY'S OFFICE AND CONFIDENTIAL
SECRETARIES .
(iii ) MANAGERIAL AND SUPERVISORY EMPLOYEES.
(iv) CONFIDENTIAL EMPLOYEES .
(v ) ANY PART -TIME , TEMPORARY OR CONTRACTUAL
EMPLOYEE .
(vi) ANY EMPLOYEE HIRED FOR SPECIAL PROJECTS OR
PROGRAMS OR THROUGH THE USE OF OUTSIDE FUNDING
SOURCES .
"EMPLOYEE ORGANIZATION". MEANS ANY LAWFUL
ORGANIZATION WHICH HAS AS ONE OF ITS PRIMARY PURPOSES
REPRESENTING FULL-TIME CLASSIFIED EMPLOYEES IN THEIR
EMPLOYMENT RELATION WITH THE CITY ; PROVIDED,
HOWEVER, THAT SAID ORGANIZATION HAS NO RESTRICTION
ON MEMBERSHIP BASED ON AGE, RACE , COLOR, CREED, SEX,
HANDICAP , OR NATIONAL ORIGIN .
"CERTIFIID EMPLOYEE ORGAN1ZA110N < OR CERTIFIED
EMPLOYEE REPRESENTATIVE)". AN EMPLOYEE
ORGANIZATION ~T HAS BEEN CERTIFIED BY 1HE CITY AS
REPRESENTING TIIE EMPLOYEES IN AN APPROPRIATE
BARGAINING UNIT AS A RESULT OF OBTAINING A MAJORITY
VOTE IN TIIE APPROPRIATE UNIT PURSUANT TO A CITY
CONDUCTED ELECTION. NO ORGAN1ZA110N SHALL BE
ELIGmLE TO BE TIIE CERTIFIED EMPLOYEE ORGANl7.A110N IF
IT ADMITS TO MEMBERSIUP OR IS DIRECff.Y AFFILIATED W1'I1I
AN ORGANIZATION 111AT ADMITS TO MEMBERSHIP PERSONS
WHO ARE SUPERVISORS OR WHO ACT IN A SUPERVISORY
CAPACITY WI111 RESPECT TO EMPLOYEES OF 11IE CITY OF
ENGLEWOOD AS DEFINED IN nus ARTICLE. NO
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ORGANIZATION SHALL BE ELIGmLE TO BE TIIE CER'ID'IED
EMPLOYEE ORGANIZATION OR CERTIFIED EMPLOYEE
REPRESENTATIVE WITH RESPECT TO POLICE OFFICERS OF TIIE
CITY D' SUCH ORGANIZATION ADMITS TO MEMBERSHIP
EMPLOYEES OF ANY EMPLOYER, PUBLIC OR PRlV ATE. 0'11IER
THAN POLICE OFFICERS, EXCEPT'DIAT SUCH EMPLOYEE
ORGANIZATION MAY AFFILIATE ITSELF WITH 011IER
ORGANIZATIONS WHO ADMIT SUCH 011IER EMPLOYEES TO
MEMBERSIDP, SO LONG AS TIIE CER'ID'IED EMPLOYEE
ORGANIZATION REMAINS LOCALLY AUTONOMOUS.
MEXCLUSIVE RECOGNITION OF AN EMPLOYEE ORGANIZATION".
THE CERTIFICATION OF AN EMPLOYEE ORGANIZATION BY THE
CITY THAT THE ORGANIZATION SHALL REPRESENT ALL
EMPLOYEES IN AN APPROPRIATE UNIT AS DETERMINED BY THE
CITY FOR THE PURPOSE OF COLLECTIVE BARGAINING.
MSTRIKE". CONCERTED ACTIVITY RESULTING IN FAILURE TO
REPORT TO DUTY , OR THE ABSENCE FROM ONE'S POSITION , OR
THE STOPPAGE OF WORK.
MCLASSIFIED EMPLOYEE". A CERTIFIED EMPLOYEE APPOINTED
TO AN ALLOCATED POSITION WITHIN THE CLASSIFIED
SYSTEM . THE COUNCIL MAY ADOPT ADDITIONAL
APPROPRIATE DEFINITIONS TO EFFECTUATE THE POLICIES OF
THIS ARTICLE OF THE CHARTER .
BARGAINING RIGHl'S
ONLY FULL TIME ~IFIED EMPLOYEES iN AN APPROPRIATE
BARGAINING UNIT HAVE 11fE RIGHT TO BARGAIN COLLECTIVELY WITH
1BE CITY 'IHROUGH 11fEIR CERTIFIED EMPLOYEE REPRESENTATIVE
TOWARDS SECURING A COLLECTIVE BARGAINING AGREEMENT. ONLY
AN EMPLOYEE ORGANIZATION 'DIATHAS BEEN CERTIFIED BY 1BE CITY
SHALL BE EN'ITl'LED TO ENGAGE IN COLLECTIVE BARGAINING WITH 1BE
CITY. IN CERTIFYING AN EMPLOYEE ORGANIZATION AS REPRESENTING
1BE EMPLOYEES IN AN APPROPRIATE BARGAINING UNIT, 1BE CITY OR
1BE DESIGNATED HEARING OFFICER SHALL CONSIDER <IN ADDfflON TO
ANY O'IBER REQUIREMENT AS SET FOR'nl HEREIN> 1BE FOLLOWING
FACTORS:
(a) TIIE UNIT 'DIAT WILL INSURE EMPLOYEES TIIE FULLEST
FREEDOM AND TIIE EXERCISE OF RIGHTS GRAN'l1ID UNDER
THIS ARTICLE.
(b) 1HE COMMUNITY OF INTEREST OF 1HE EMPLOYEES.
(cl 1HE HISTORY OF 11fE EMPLOYEE RELATIONS IN 1BE UNIT,
AMONG 01BER EMPLOYEES OF 11IE Crl'Y, AND IN SIMILAR
PUBLIC EMPLOYMENT.
(d) 1HE EFFECT OF TIIE UNIT ON 11IE EFFICIENT OPERA110N OF
1HE PUBLIC SERVICE AND SOUND EMPLOYEE RELA110N8.
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(e) TIIE EFFECT ON TIIE EXISTING CLASSIFICATION STllUCTIJRE OF
DIVIDING A SINGLE CLASSIFICATION AMONG TWO OR MORE
UNITS.
137 :5 SUBJECTS FORCOI.J..ECTIVE BARGAINING
(A) MANDATORY SUBJECTS. THE CITY AND THE CERTIFIED
EMPLOYEE REPRESENTATIVE SHALL HAVE THE MUTUAL
OBLIGATION TO NEGOTIATE AND BARGAIN IN GOOD FAITH
OVER THE FOLLOWING MANDATORY SUBJECTS: WAGES,
HOURS, VACATION, INSURANCE (CONTRIBUTION LEVELS
AND LEVELS OF BENEFITS ONLY), HOLIDAYS,
ADMINISTRATIVE LEAVE, PERSONAL LEAVE, MILITARY
LEAVE, DISABILITY LEAVE , FUNERAL LEAVE, DUES
DEDUCTION, GRIEVANCE RESOLUTION PROCEDURE
(INCLUDING COSTS AND EXPENSES ASSOCIATED
THEREWITH ), NON-STATE OR FEDERALLY REGULATED OR
MANDATED PENSION OR RETIREMENT PROVISIONS
(CONTRIBUTION LEVELS ONLY ), OVER-TIME PAY
FORMULAS , WORK UNIFORM PROVISIONS, ACTING PAY,
LONGEVITY, TRANSFER PROCEDURE, PROCEDURES FOR
SUSPENSION, DEMOTION AND DISCHARGE, AND EDUCATION
INCENTIVES . THAT THE MAINTENANCE OF BENEFITS
SHALL ALSO BE CONSIDERED A MANDATORY SUBJECT
UNDER THIS SECTION FOR THE PERIOD COVERING UP TO
AND INCLUDING DECEMBER 31, 1984 , AFTER WHICH IT WILL
BECOME A PERMISSIVE SUBJECT.
(B) NON -NEGOTIABLE SUBJECTS . THE FOLLOWING SUBJECTS
SHALL BE EXCLUDED FROM COLLECTIVE BARGAINING AS
NON-NEGOTIABLE SUBJECTS OF BARGAINING : ANY
SUBJECT PRE-EMPTED BY STATE OR FEDERAL LAW OR BY
CITY CHARTER; STATE OR FEDERALLY REGULATED OR
MANDATED PENSION PROVISIONS ; ADMINISTRATION OF
INSURANCE PROGRAMS, SELECTION OF INSURANCE
CARRIER INCLUDING SELF-INSURANCE ; MATTERS
DELEGATED BY CHARTER TO ANY BOARD OR COMMISSION
OF THE CITY ; ALL MATTERS RELATING TO CLASSIFICATION,
RECRUITMENT , HIRING, EXAMINATION AND
CERTIFICATION OF APPOINTMENT TO A POSITION AND
APPEALS BASED THEREUPON ; PROMOTIONS OUT OF THE
BARGAINING UNIT.
(C) PERMISSIVE SUBJECTS . COLLECTIVE BARGAINING UPON
ANY OTHER SUBJECT (I.E ., NOT MANDATORY OR NON-
NEGOTIABLE ) IS PERMISSIVE AND MAY BE CONDUCTED IF
MUTUALLY AGREED TO BY THE PARTIES.
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137:6 IMPASSE RESOLUTION
(A l IMPASSE
IN THE EVENT THE PARTIES ARE UNABLE TO REACH
AGREEMENT ON ALL MANDATORY SUBJECI'S TO BE
CONTAINED IN THE COLLECTIVE BARGAINING
AGREEMENT ON OR BEFORE JULY 1ST OF THE YEAR IN
WHICH THE PARTIES HAVE MET AND BARGAINED OVER
THESE SUBJECTS, IMPASSE SHALL BE DECLARED. EACH
PARTY SHALL SUBMIT TO THE CITY CLERK A STATEMENT
WHICH CONTAINS THAT PARTYS FINAL OFFER
REGARDING ANY MANDATORY ECONOMIC SUBJECT UPON
WHICH THE PARTIES ARE AT IMPASSE. THE STATEMENT
SHALL BE SUBMITTED BY EACH PARTY NO LATER THAN
5 :00 P .M. ON JULY 1ST. IF JULY 1ST FALLS ON A SATURDAY
OR SUNDAY THE PERIOD IS SHORTENED TO AND ENDS ON
THE PRIOR BUSINESS DAY WHICH IS NOT A SATURDAY,
SUNDAY OR LEGAL HOLIDAY.
(B l APPOINTMENT OF ARBITRATOR
THE CITY MANAGER AND THE EMPLOYEE ORGANIZATION
WILL JOINTLY PRESENT TO THE CITY COUNCIL ON OR
BEFORE JULY lCYrH THE NAMES OF THREE ARBITRATORS
WHO HAVE EXPERIENCE IN LABOR RELATIONS MATTERS
AND INTEREST ARBITRATION . FROM THAT LIST OF
THREE, THE CITY COUNCIL WILL APPOINT ONE
ARBITRATOR WHOM IT AUTHORIZES TO CONDUCT
HEARINGS AND MAKE A DECISION ON THE FINAL OFFER
TO BE IMPLEMENTED. THE ARBITRATOR SHALL BE
APPOINTED NO LATER THAN JULY 3CYrH . PRIOR TO THE
COMMENCEMENT OF HEARINGS, THE ARBITRATOR SHALL
SIGN AN OATH TO UPHOLD THE TERMS OF THE CHARTER.
(C l HEARINGS
THE ARBITRATOR SHALL HOLD HEARINGS ON THE
PARTIES' FINAL OFFER ON MANDATORY ECONOMIC
SUBJECTS ONLY. THE ARBITRATOR SHALL SET THE DATE
OF HEARING AND SHALL GIVE AT LEAST TEN (10) DAYS
NOTICE IN WRITING TO THE PARTIES OF THE TIME AND
PLACE OF SUCH HEARING. THE ARBITRATOR SHALL HAVE
POWER TO ADMINISTER OATHS AND TO REQUIRE BY
SUBPOENA THE ATl'ENDANCE AND TESTIMONY OF
WITNESSES, AND THE PRODUCTION OF BOOKS, RECORDS
AND OTHER EVIDENCE RELATING TO OR PERTINENT TO
THE ISSUES PRESENTED TO THE ARBITRATOR FOR
DETERMINATION .
THE ARBITRATOR SHALL HAVE THE RIGHT TO
DETERMINE WHETHER ANY PROPOSAL OR DEMAND IS A
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MANDATORY ECONOMIC SUBJECT FOR BARGAINING
WITHIN THE MEANING OF SECTION 137 :S(A) OF THIS
CHARTER.
THE HEARING CONDUCTED BY THE ARBITRATOR SHALL
BE CONCLUDED WITHIN SEVEN (7) DAYS OF THE TIME OF
COMMENCEMENT . WITHIN FIVE (5) DAYS FOLLOWING
THE CONCLUSION OF THE HEARING, THE PARTIES MAY, IF
THEY DEEM NECESSARY, SUBMIT WRITTEN BRIEFS TO
THE ARBITRATOR . WITHIN FIFTEEN (15) DAYS OF THE
RECEIPT OF SUCH BRIEFS OR THE CONCLUSION OF THE
HEARING, WHICHEVER IS APPLICABLE, THE ARBITRATOR
SHALL MAKE WRITTEN FINDINGS AND DECIDE WHETHER
THE FINAL OFFER OF THE CITY OR THE FINAL OFFER OF
THE CERTIFIED EMPLOYEE ORGANIZATION ON THE
TOTAL PACKAGE OF OUTSTANDING MANDATORY
ECONOMIC SUBJECl'S IN DISPUTE SHALL BE
IMPLEMENTED . A COPY OF THE ARBITRATOR'S FINDINGS
AND DECISION SHALL BE MAILED OR OTHERWISE
DELIVERED TO THE CERTIFIED EMPLOYEE ORGANIZATION
AND THE CITY MANAGER.
<D> RECORD OF HEARINGS
THE HEARINGS CONDUCTED BY THE ARBITRATOR SHALL
BE RECORDED . Ai"IIY PARTY MAY REQUEST AN OFFICIAL
STENOGRAPHIC RECORD OF THE TESTIMONY AT THE
HEARING. THE PARTY REQUESTING SHALL PAY THE COST
OF SUCH TRANSCRIPT. IF THE OTHER PARTY REQUESTS A
COPY OF THE TRANSCRIPT OR IF THE ARBITRATOR
REQUESTS A TRANSCRIPT, BOTH PARTIES SHALL SHARE
THE ENTIRE COST OF MAKING THE STENOGRAPHIC
RECORD .
<E l STANDARDS FOR DECISION
THE FOLLOWING FACTORS MUST BE CONSIDERED BY THE
ARBITRATOR IN ARRIVING AT A DECISION :
(1) THE INTEREST AND WELFARE OF THE PUBLIC AND
THE FINANCIAL ABILITY OF THE CITY TO BEAR THE
COSTS INVOLVED ;
(2) THE LAWFUL AUTHORITY OF THE CITY ;
(3 ) STIPULATIONS OF THE PARTIES ;
(4) COMPARISON OF THE WAGES, HOURS, BENEFITS AND
OTHER TERMS OR CONDITIONS OF EMPLOYMENT OF
THE EMPLOYEES INVOLVED WITH OTHER
EMPLOYEES PERFORMING SIMILAR SERVICES IN
PUBLIC EMPLOYMENT IN COMPARABLE COLORADO
COMMUNITIES ;
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(5) THE COST OF LIVING;
(6) THE OVERALL COMPENSATION PRESENTLY
RECEIVED BY THE EMPLOYEES INCLUDING DIRECT
WAGE COMPENSATION; VACATION, HOLIDAYS AND
OTHER EXCUSED TIME; INSURANCE AND PENSION;
MEDICAL AND HOSPITALIZATION BENEFITS; THE
CONTINUITY AND STABILITY OF EMPLOYMENT; AND
ALL OTHER BENEFITS RECEIVED.
{Fl FINAL OFFER PROCEDURE
THE ARBITRATOR SHALL CHOOSE EITHER THE CITY'S
TOTAL FINAL OFFER ON ALL OUTSTANDING MANDATORY
ECONOMIC SUBJECTS OR THE EMPLOYEE ORGANIZATION'S
TOTAL FINAL OFFER ON ALL OUTSTANDING MANDATORY
ECONOMIC SUBJECTS AS CONTAINED IN EACH PARTY'S
STATEMENT OF FINAL OFFER AS REQUIRED IN SECTION (A)
AND SHALL STATE THE REASONS FOR CHOOSING SUCH
FINAL OFFER.
CG) TIME LIMITS
THE TIME LIMITS FOR CONDUCTING THE HEARING AND
FOR ANY ACTION BY THE ARBITRATOR SPECIFIED IN THIS
CHAPTER MAY BE WAIVED BY MUTUAL CONSENT OF THE
PARTIES AS LONG AS THE ARBITRATOR'S DECISION IS
RENDERED TWO WEEKS AFTER THE BUDGET IS
SUBMITTED TO CITY COUNCIL BY THE CITY MANAGER.
<H> FEES AND EXPENSESOFARBITRATION
ONE-HALF OF THE NECESSARY FEES AND NECESSARY
EXPENSES OF ARBITRATION {EXCLUDING ALL FEES AND
EXPENSES INCURRED BY EITHER PARTY IN THE
PREPARATION OR PRESENTATION OF ITS CASE) SHALL BE
BORNE BY THE CITY AND ONE-HALF SHALL BE BORNE BY
THE EMPLOYEE ORGANIZATION .
CI) FINALITY OFTHE ARBITRATOR'S DECISION
Cll EXCEPT AS PROVIDED IN THIS SECI'ION, THE
DECISION OF THE ARBITRATOR SHALL BE FINAL AND
BINDING ON THE EMPLOYEE ORGANIZATION AND
THE CITY. NOTHING HEREIN SHALL PROHIBIT THE
PARTIES FROM AGREEING TO TERMS DIFFERENT
FROM THE DECISION OF THE ARBITRATOR AS LONG
AS SUCH AGREEMENTS ARE MADE WITHIN THE
FIFTEEN (15) DAYS AFTER RECEIPT OF THE
ARBITRATOR'S DECISION .
(2) THE ARBITRATOR'S DECISION SHALL BE SUBJECT TO
COURT REVIEW PURSUANT TO THE TERMS OF THIS
SECTION. ANY PARTY DESIRING COURT REVIEW
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MUST FILE SUIT IN THE DISTRICT COURT NO LATER
THAN THIRTY (30) DAYS AFTER THE DATE OF THE
ARBITRATOR'S DECISION. FAILURE OF EITHER
PARTY TO FILE SUIT WITHIN THIRTY (30) DAYS
SHALL BE A WAIVER OF THAT PARTY'S RIGHT TO
APPEAL THE DECISION. THE DISTRICT COURT SHALL
AFFIRM THE ARBITRATOR'S AWARD UNLESS IT
DETERMINES :
(A) THE AWARD WAS PROCURED BY CORRUPTION,
FRAUD, OR OTHER UNDUE MEANS;
CB) THE DECISION IS ARBITRARY, CAPRICIOUS, OR
UNREASONABLE BECAUSE THERE IS NO
COMPETENT EVIDENCE IN THE RECORD TO
SUPPORT THE DECISION; OR
(C) THE DECISION WAS REACHED WITHOUT
CONSIDERING THE FACTORS LISTED IN
PARAGRAPH (E) ABOVE.
(3) IF THE COURT DETERMINES THAT THE AWARD WAS
PROCURED BY CORRUPTION, FRAUD, OR OTHER
UNDUE MEANS, THE ENTIRE AWARD SHALL BE
VACATED AND THE MATTER SHALL BE REMANDED
BACK TO BE HEARD BY A DIFFERENT ARBITRATOR
SELECTED PURSUANT TO THE TERMS OF THIS
SECTION. IF THE COURT DETERMINES THAT THE
ARBITRATOR'S DECISION IS ARBITRARY, CAPRICIOUS
OR UNREASONABLE, OR WAS REACHED WITHOUT
CONSIDERING THE FACTORS LISTED lN PARAGRAPH E
ABOVE, THE COURT SHALL REMAND THE lSSUE T 0
THE ARBITRATOR WITH INSTRUCTIONS TO TAKE
NEW EVIDENCE IF NECESSARY AND TO ISSUE A
DECISION IN CONFORMITY WITH THE PROVISIONS OF
THIS SECTION.
(4) EACH PARTY SHALL BE RESPONSIBLE FOR ITS OWN
COSTS AND FEES IN CONNECTION WITH ANY APPEAL
TO THE DISTRICT COURT.
CAREER SERVICE SYSTEM
THE APPOINTING AUTHORITY SHALL PREPARE AND
SUBMIT TO CITY COUNCIL FOR ADOPTION A "CAREER
SERVICE SYSTEM" WHICH SHALL APPLY TO ALL FULL-
TIME CLASSIFIED EMPLOYEES OF THE CITY OF
ENGLEWOOD (HEREIN THE "CITY"), EXCLUDING ANY
ELECTED OFFICIAL OR PERSON APPOINTED TO FILL A
VACANT ELECTED POSITION, ANY BOARD OR COMMISSION
MEMBER, JUDGE, CITY MANAGER, EMPLOYEES OF THE
CITY MANAGER'S OFFICE, DEPARTMENT HEADS, CITY
ATTORNEY, EMPLOYEES OF THE CITY ATTORNEY'S
OFFICE, CONFIDENTIAL SECRETARIES, CONFIDENTIAL
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EMPLOYEES , AN D PERSO NS APPOI NTED TO A POSITIO N BY
THE COUNCIL.
HEARINGS UNDER CAREER SERVICE SYSTEM
THE CITY COUNCIL SHALL APPOINT HEARING OFFICERS
WHO SHALL HAVE DEMONSTRABLE ABILITY IN LABOR AND
EMPLOYEE RELATIONS TO HOLD HEARINGS AND MAKE
FINDINGS AND DETERMINATIONS WITH RESPECT TO THE
FOLLOWING : DISCIPLINARY APPEALS, MERIT APPEALS AND
ISSUES RELATED TO SELECTION AND RETENTION OF
EXCLUSIVE EMPLOYEE ORGANIZATIONS AND THE
DETERMINATION OF APPROPRIATE BARGAINING UNITS .
THE CITY COUNCIL SHALL ENACT APPROPRIATE
ORDINANCES GOVERNING STANDARDS AND PROCEDURES
WITH RESPECT TO SUCH APPEALS, THE HEARINGS TO BE
CONDUCTED THEREON AND THE STANDARDS TO BE
APPLIED BY THE APPOINTED HEARING OFFICER AND ANY
APPLICABLE COURT REVIEW OF SUCH DECISIONS. COUNCIL
SHALL ALSO ENACT ORDINANCES GOVERNING STANDARDS
AND PROCEDURES WITH REGARD TO ISSUES RELATED TO
BARGAINING AGENTS OR UNITS .
Sest,jon 2. Ballots for said election shall carry the following designation which
shall be the submission clause :
QIJESTION NO . --
Shall the Home Rule Charter of the City of Englewood be amended by
repealing the foDowinc Sections al the Enclewood Empao,.-Relations
-d Career Service Sy.tem Ac& • 137:2 • Deftnitions, 137:3 • Barpininc
Richta. 137 :5 -Subjects For Collective Bargaining, 137 :6 -Impasse
Resolution, 138 :1 -Career Service System, 138:S · Career Service Board.
138 :4 -Duties And Powers Of The Career Service Board and 138:5 -
Effective Date -Vested Rights of Article XV and reenacting Sections
137:2 · Deftnitions, 137:3 • Barpininc Richta. 137 :5 -Subjects For
Collective Bargaining, 137 :6 -Impasse Resolution, 138:1 -Career
Service System and 138 :3 -Hearings Under Career Service System; to
eliminate the Career Service Board by modifying the proce&& for
negotiations with employee groups to provide for binding arbitration of
negotiation impasses and referring the powen currently exen:ised by
the Career Service Board to Hearing Officers selected u provided by
Ordinance for the purpose of reducing costs and introducing additional
expertise in employment matters?
YES NO
$estjon 3. Each elector voting at the election and desirous of voting for or against
the amendment shall indicate the elector's choice by depressinr the appropriate
counter of the voting machine which indicates the word "YES" or the word "NO," or
by appropriate markin& upon paper ballots wh e n used .
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$estjop 4. The proper officials of the City of Englewood shall give notice of said
general municipal election, such notice shall be published in the manner and for the
length of time required by law, and the ballots cast at such election shall be canvassed
and the result ascertained, determined, and certified as required by law.
$estjop 5. If any section, paragraph, clause, or other portion of this ordinance is for
any reason held to be invalid or unenforceable, the invalidity or unenforceability
shall not affect any of the remaining portions of this ordinance.
Introduced, read in full, amended and passed on first reading on the 17th day of
July, 1995.
Published as a Bill for an Ordinance on the 20th day of July, 1995.
Aawlded, reintrod.-d and read iD fwl on the 7th day al Aull*, llNI&.
Publllbed • anw,ded al the lOdl day al Auawit, 11115.
ATTEST : Thomas J . Bums, Mayor
Loucrishia A. Ellis, City Clerk
Low:rishia A. Ellis
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Date August 7. 1995
INITIATED BY
STAFF SOURCE
COUNCIL GOAL
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Agenda Item
11 a i V
City Attorney
Dan Brotzman, City Attorney
Subject An ordinance prohibiting
jury trials for juveniles
in municipal Coun.
Streamlining of the Coun process and reduction of costs to the City.
ISSUE/ACTION PROPOSED
The proposed ordinance would prohibit jury trials for juveniles for most offenses in the Englewood
Municipal Coun. Coun trials to the Judge would still be preserved in all cases.
BACKGROUND
§ 16-10-109 C.R.S . Cum. Supp. 1994, requires a jury trial for crimes classified as petty offenses. It also
provides, however, that ·• ... No child under the age of eighteen years shall be entitled to a trial by jury for a
violation of a municipal ordinance for which imprisonment in jail is not a possible penalty; except that such
a child is entitled to a trial by jury for any offense which would be a Class I misdemeanor under a state
counterpan statute .. .''
§ 1-4-1 (8) E.M.C. currently prohibits a jail sentence for anyone under· the age of eighteen except for
violations arising from the operation of a motor vehicle.
§ 16-10-109 C.R.S. would allow the City to remove the privilege of a jury trial for all but: (I) Possession
of an Illegal Weapon, (2) 3rd Degree Assault , (3) Stalking, (4) Cruelty to Animals, and (5) Unlawful
Ownership of a Dangerous Dog. A jury trial must be preserved for those offenses.
STAFF ANALYSIS
Staff recommends passage as thi s s hould lessen the case burden on the Coun without restricting justice for
the defendants due to the preservation of a jury trial in the more serious cases . This ordinance would be
consistent with State statutes .
FINANCIAL IMPACT
Jurors are paid S6 a day if they serve with a maximum of 6 jurors per jury, but 15 to 18 alternates arc
called at S3 a day for most juries of 6 . Costs of issuing summons to the potential jury pool, the staffing
time for collecting and dealing with the jury plus the necessity of blocking out coun time to the exclusion
of Olher coun activities for a minimum of 1/2 day and frequently for an entire day for a jury trial will be
reduced .
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BY AUTHORITY
ORDINANCE NO .
SERIES OF 1995
COUNCIL BILL NO . 43
INTRODU<llil~CIL
MEMBER_v~v.~-;,,,,w-.a.--"'---
A BILL FOR
AN ORDINANCE AMENDING TITLE l, CHAPl'ER 4, SECTION 1, BY ADDING A NEW
SUBSECTION C, ENTITLED TRIAL BY JURY FOR JUVENILES .
WHEREAS, the Colorado State Statute regarding trial by jury for petty offenses has been
amended to deny the right to a jury trial for children under eighteen years of age for most
misdemeanors and petty offenses when jail is not a possible punishment; and
WHEREAS, the Englewood Municipal Court is overburdened with a very heavy case load;
and
WHEREAS, a reduction in the case load of the Englewood Municipal Court would be in the
best interest of the citizens of the City of Englewood; and
WHEREAS , it is in the interest of the citizens of Englewood to preserve judicial resources
and to follow the revised State Statute;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, AS ~~OLLOWS :
Sectjon J. The Englewood City Council hereby amends Title 1, Chapter 4, Section 1, by
adding a new Subsection C, entitled Trial by Jury For Juveniles of the Englewood Municipal
Code , 1985 which shall read as follows :
1""·1: GENERAL PENALTY:
A. It shall be unlawful for any person to violate , disobey , omit, neglect, refuse or fail to
comply with or re sist the enforcement of any provision of this Code or any secondary
code adopted herein . Except as otherwise specifically provided for in this Code, the
violation of any provisions of this Code or of any secondary code adopted herein shall
be puni shed by a fine not exceeding five hundred dollars ($500.00) or imprisonment for
a term not exceeding one hundred eighty (180) days or by both such fine and
imprisonment. The imposition of one penalty shall not excuse any violation nor
pe rmit it to continue. Unless otherwise indicated , a separate offense shall be deemed
co mmitted upon each day or portion thereof during or on which any violation of any
provi sio n of this Code or any secondary code adopted herein occurs or continues . (Ord.
35 Series 1991 )
B. No jail se ntence shall be imposed upon persons under the age of eighteen (18) years.
This re striction shall not apply to persons who are convicted of a violation arising out
of the operation of a motor vehicle . The term "conviction" as used herein shall include
either the entry of a plea of nolo contendere or guilty to the violation . Any provisions to
the contrary shall not have standing with respect to the persons under the age of
eighteen (18 ) years . (Ord. 50 Series 1981)
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C. TRIAL BY JURY FOR JUVENILES: NO CHILD UNDER THE AGE OF EIGHTEEN
YEARS SHALL BE ENTITLED TO A TRIAL BY JURY FOR A VIOLATION OF A
MUNICIPAL ORDINANCE FOR WHICH IMPRISONMENT IN JAIL IS NOT A
POSSIBLE PENALTY; EXCEPT THAT SUCH A CHILD IS ENTITLED TO A TRIAL
BY JURY FOR ANY OFFENSE WHICH WOULD BE A CLASS 1 MISDEMEANOR
UNDER A STATE COUNTERPART STATUTE.
Introduced, read in full, and passed on first reading on the 7th day of August, 1995.
Published as a Bill for an Ordinance on the 10th day of August, 1995.
Thomas J . Bums, 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 7th day of August , 1995.
Loucrishia A Ellis
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TO:
FROM: Doug Clark. City Mm!IU!U'-«~
DATE: July 28, 1995
SUBJECT: Mercantile Meeting -Cincinnati August 22nd
I have a meeting schedule with the top officers of Mercantile Stores in Cincinnati on
August 22nd. I will be visiting with them about conveying the former Joslins store to
the city.
I wouJd like Mayor Bums to accompany me on this trip therefore, this is to seek city
council travel authorization for the Mayor. Round-trip airfare is $398. We'B be
flying out in the morning and returning in the evening so dMm! is no need tor an
overnight stay. l'B charge the Mayor's aidare along wilh al pmking, ground
transportation, and meals to either the CMO or Community Development budget
Thanks.
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Author: COLSON at Englewood
Date: 8/11/95 11:18 AM
Priority: Normal
TO: Mail Li•t -#All E-Mail u .. r.
TO: #All BI-CITY E-Mail U•er• at bi-city
TOI #Safety Service• at SPD
Subject: Duncan Park
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------------------------------------Ne••age Content•------------------------------------
llecau .. of continued concerna by nei9hbor• with probl ... •urrounding Duncan
Park, Officer •ancy Peteraon ha• •chaduled a cOllbined .. i9hborhood Watch
...ting, inoorporatin9 all watch 9roupa •ituated around the park.
The -ting will be held Wedneaday, Augu•t 16th at 7:00p.a. at ,a90 s.
Penn•ylvania.
I aa reque•tin9 that any City eaploy .. • involved with i••u•• at Duncan park
attend thi• -ting ao that -can coordinate with the re•ident• on the
direction they would like u• to take, in order to reaolve the pre .. nt probl ....
Thank you,
Chri• Olaon
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!fr~::· AFOR~~ ;r, /fr;v-'' U REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
AUGUST 7, 1995
7 :30 P.M .
Calltoorder. ?-3~
Invocation. /ir.J ~
Pledge of Allegiance . ~~
4. RollCall. c1i/7~
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Cfty Council Agenda
Auguet 7, 1995
Page2
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10. Consent Agenda.
a. Approve on First Reading.
i. Recommendation from the Department of Safety Services to approve,
by motion, the award of a maintenance contract for Safety Services'
communications equipment. Staff recommends awarding the contract
to the low bidder, STI Mobile Communications, in the amount of
$20,770.20. STAFF SOURCE: Robert Andrews, Communications and
Recorda Manager.
Recommendation from the Department of Financial Services to ad~OP.~
a bill for an ordinance amending sections of the Englewood Munici
Code relating to the investment of municipal funds. STAFF SOURC .
--t-N.4Frank Gry--~~ ~~,1/~
Recomme ation from the Department ~f Fin~1' Se~ices to
approve, by motion, an extension of the City's Audit Engagement
with Van Schooneveld and Company for audit years 1995, 1996, and
1997. STAFF SOURCE: Frank G,y.-wicz, Director of Financial
Servicn.
b .
iv. Recommendation from the Department of Utilities to approve, by
motion, the purchase of a sewer line cleaning/vacuuming machine
(vactor truckl. Staff recommends awarding the bid to the lowest
technically acceptable bidder, Vac Con, in the amount of
$142,750.00. STAFF SOURCE: Stewart Fonda, Director of UtlltiN.
v. Recommendation from the Department of Public Works to approve, by
motion, improvements to the Recreation Center's Indoor RuMing
Track. Staff recommends awarding the bid to the aole bidder, Rocky
Mountain Decks and Floors, in the amount of $21,960.00. STAFF
SOURCE: Chaltn &terty. Director of ,._ WOlb.
vi. Recommendation from the Department of Public Works to approve, by
motion, improvements to the Recreation Center's Swimming Pool
Deck. Staff recommends awarding the contract to the sole bidder,
Prestige Pools, in the amount of $26,850.00. STAFF SOURCE:
Charin &tarly. Director of Pubic WOlb. I
Approve on Second~i'1'KJ ~o /J-I~ ?
i. Council Bill N~proving Southgate Supplement No. 126.
ii. Council Bill No. 39, submitting to a vote of the registered electors of
Englewood regarding propoNd charter amendments relative to
financial iaauea.
Plwe note: If you haw• tlMllillly wl .... _..,Ml•---. flwe....,, .. Clly _, f .. •• C70-U71tll ........ ._. .. ..__., ....................... ...
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City~ Agenda
August 7. 1995
Page 3
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iii. Council Bill No . 40, submitting to a vote of the registered electors of
Concrete District 1995 regarding • proposed debt issuance to fund
the citizens' portion of concrete repairs .
iv .
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Council Bill No. 41, submitting to a vote of the registered electors of
Englewood regarding a proposed debt issuance for the remodeling and
upgrade of the present police and fire communications facility .
Council Bill No. 42, submitting to a vote of the registered electors of
Englewood regarding a proposed debt issuance for fire equipment .
vi. c7Z4 cf!
mJP---vii.
Council Bill No. 45, amending sections of the Englewood Municipal
Code pertaining to Wastewater' s contribution to the Industrial
Pretreatment Program .
Council Bill No. 47, approving a license agreement with The King C .
And Evelyn Leigh Hudson Foundation for a diversion gate structure
and pipe to be placed on the City Ditch.
11 . Ordinances. Resolutions, and Motions.
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City Council Agenda
August 7. 1995
Paga4
12. General Discussion.
a. Mayor's Choice.
13.
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b. Request for travel authorization for Mayor Bums to accoriridl1fl /; ArJA f) ~ Manager Dou~ ClerV~tra · · · to meet with r V'ff"t -V from Mercantile. VI
/I~ j,, Recommendation to go into · Senion immediately f v""/f r , / 0egular City Council meeting to discuu a personnel matter.
14. City Attorney's Repo/ q-. ~
Adjournment. ~
The following minutes were transmittad to Council from 07/14/95-08/03/95:
• Englewood Planning and Zoning Commiaion meeting of July 5, 1995.
• Englewood Liquor Licensing Authority meeting of July 5, 1995.
• Englewood Public Library Board meeting of June 13, 1995.
• Non-Emergency Pension Board Meeting of April 18, 1995.
• Joint Pension Board meetings of April 25, May 17, and June 21, 1995.
• Police Pension Board meeting of April 27, 1995
• Firefighters Pension Board meeting of April 27, 1996
• Englewood Career Service Board meeting of May 18. 1995.
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AUGUST 21, 1995
REGULAR CITY COUNCIL MEETING
(PH -HOME OCCUPATIONS)
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