HomeMy WebLinkAbout2016-06-20 (Regular) Meeting Agenda Packet~Englewood AGENDA
1000 Englewood Pkwy -Council Chambers
Englewood, CO 80110
Regular City Council Meeting
Monday, June 20 , 2016 •7:30 p.m .
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1. Call to Order.
2. Invocation.
3. Pledge of Allegiance.
4. Roll Call.
5. Cbnsideration of Minutes of Previous Session.
a. Minutes from the Regular City Council Meeting of June 6, 2016.
6. Recognition of Scheduled Public Comment. The deadline to sign up to speak for Scheduled
Public Comment is Wednesday, prior to the meeting , through the City Manager's Office. Only
those who meet the deadline can speak in this section . (This is an opportunity for the public to
address City Council. There is an expectation that the presentation will be conducted in a
respectful manner. Council may ask questions for clarification, but there will not be any dialogue .
Please limit your presentation to five minutes.)
a. Martin Fuchs , Englewood resident, will address Council regarding iBake
Englewood.
b. Craig Fuchs, Englewood resident, will address Council regarding iBake
Englewood.
c. Doug Cohn, Englewood resident, will address Council regarding historic
preservation.
d. Ida May Nicholl, Englewood resident, will address Council regarding code
enforcement.
e. Steven Nelson will address Council regarding iBake.
f. Myra Oppy will address Council regarding iBake.
g. Allyn Luce will address Council regarding iBake.
h. Justin Duncan will address Council regarding marijuana.
Please note: If you have a disability and need auxiliary aids or services, please notify the Gty of Englewood
( 303-762 c,24.0 5) at least 43 hours in advance of when services are needed.
i. Jessica Shymkiw will address Council regarding iBake.
j. Jake Birdsall will address Council regarding iBake.
7. Recognition of Unscheduled Public Comment. Speakers must sign up for Unscheduled
Public Comment at the beginning of the meeting . (This is an opportunity for the public to address
City Council. There is an expectation that the presentation will be conducted in a respectful
manner. Council may ask questions for clarification , but there will not be any dialogue. Please
limit your presentation to three minutes. Time for unscheduled public comment may be limited to
45 minutes , and if limited , shall be continued to General Discussion .)
Council Response to Public Comment.
8. Communications , Proclamations , and Appointments.
9. Consent Agenda Items
a. Approval of Ordinances on First Reading.
b . Approval of Ordinances on Second Reading .
i. Council Bill 21 -A bill for an ordinance making changes to the Englewood
Municipal Code banning marijuana consumption clubs. Staff: Acting City
Attorney Dugan Comer
ii. Council Bill 22 -A bill for an ordinance amending Title 6, Chapter 2 , Section 5,
Sub Section E of the Englewood Municipal Code , to reflect that non-permitted
hours for construction work will be 7 p.m .-7 a.m. Staff: Assistant City Manager
Murphy Robinson
c. Resolutions and Motions.
10. Public Hearing Items .
11. Ordinances, Resolutions and Motions.
a. Approval of Ordinances on First Reading.
i. Council Bill 25 -Staff recommends Council approve a bill for an ordinance
submitting to a vote of the registered electors of the City of Englewood at the
next municipal election November 8, 2016, a ballot question to raise taxes on the
sale of retail marijuana. Staff: Finance and Administrative Services Director
Kathleen Rinkel
b. Approval of Ordinances on Second Reading.
c. Resolutions and Motions.
Please note: If you have a di :;.ability and need auxiliary aids or services, please notify the City of Englewood
(303-762-2405 ) at least 48 hours in advance ohvhen services are needed.
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i. The Littleton/Englewood Wastewater Treatment Plant (UE WWTP) Supervisory
Committee recommended at its meeting on April 21, 2016 that Council approve,
by motion, a contract for the Electrical Preventative Maintenance 2016 Project
located at the UE WWTP. Staff recommends awarding the contract to the lowest
reliable and respons ive bidder, Magna IV Engineering Inc., in the amount of
$110,400.00 . Staff: Engineering & Maintenance Manager Chong Woo
ii. The City Manager's Office recommends Council approve , by resolution, a lease
agreement with Harvey Construction Inc. OBA American Striping Company, for
the lease of Tejon Fire Station. Staff: City Manager Eric Keck
iii. The City Manager's Office recommends Council approve a resolution approving
a supplemental appropriation to the 2016 budget for $67 ,588 for the 4th of July
event. Staff: Assistant City Manager Murphy Robinson
12. General Discussion .
a. Mayor's Choice.
i. Call for a Special Meeting for the purpose of entering into Executive Session with
Strategic Government Resources to discuss final candidates for the City Attorney
position on Thursday, July 7 , at 8:00 a.m.
b. Council Members' Choice.
13. City Manager's Report.
14. City Attorney's Report.
15. Adjournment.
Pl€ase note: If you have a disability and need auxiliary ar ds or senices, please notify the Gty
{303-762c.2405) at least 48 hours in advance of when services are needed.
The Englewood Historic Preservation Society believes that
• historic preservation should be understood and addressed at the local level and integrated
into our planning and decision-making process at the earliest possible opportunity;
• adding historic preservation to our draft Comprehensive Plan will assist in balancing new
development while respecting our existing community;
• A survey of Englewood buildings and districts is necessary to explain their character and
importance, and help establish meaningful parameters for stability and change; and,
• A strong local preservation program can increase property values, attract customers to local
businesses and promote community heritage and identity.
• Englewood has had a preservation ordinance since 2005. We would like to see it activated.
To help understand how a local historic preservation program could be organized and function
in Englewood, EHPS is organizing a Town Hall Meeting on Thursday June 30th.
We have invited Englewood preservation consultant Diane Wray Tomasso to moderate a two-
hour program with Dennis Swain, Littleton Senior Planner, and Mark Rodman, Manager of
Colorado's Certified Local Government Program (CLG). CLG is part of History Colorado. History
Colorado put together the program.
Mark Rodman will explain the CLG program and discuss how Englewood could join the 120
towns and cities statewide that benefit from its preservation planning grants and training
programs . Dennis Swain will discuss how the CLG program has worked in Littleton. Then, the
three will then take questions from the audience.
The EHPS board invites the entire community to join us in learning about the Certified Local
Government Program and getting answers to our questions:
• How would Englewood create a preservation board?
• Who would be on it and how would it work?
• What would be its authority and responsibilities?
•What would be its function?
• How would it integrate with our current planning process?
• What about private property rights?
• How much would it cost?
Please join us on Thursday June 30th from 6-8 PM to look at the possibilities
January 19, 2016
To the Planning and Zoning Commission,
I was dismayed to read that the Commission was recommending that the sections of the new
Comprehensive plan concerning architectural standards and historic preservation be removed. I don't
know who is responsible for those vision statements but they did originate from the public input
process.
Historic preservation is found in many cities and should be considered as an option for Englewood.
While not as common as historic preservation, architectural standards are more cutting edge. They are
found in some cities that want to take control of the appearance of their communities. They aren't
satisfied accepting anything someone might propose. I think a growing number of Englewood
residents are concerned about the total disregard for context that some of the new development
exhibits, and would favor some standards.
Certainly some areas of Englewood were built with infill development over the better part of a century
and are architecturally eclectic, but for the most part they still exhibit some relation to style and scale.
There are other areas of the City which were not infill development and so are more homogeneous.
Many of the goals detailed in the Comprehensive plan may never happen but that doesn't mean they
should be eliminated from this long term vision. Just because there was a lack of vision in the past
doesn't mean it has to always be that way.
Please don't hamper future Commissions just because the current Commission can't see the way.
Don Roth
--....I ,..., -----,......
My comments are directed to the visionary plan for the future and what we want our City
to look like.
On Apr. 4th, you made a council request about home preservation and the Comp Plan .
You got a response from Comm . Dev . on April 6. In that response there are a few vague
references to preservation and one solid suggestion.
That got me thinking and I compared the Dec. gth public version with the March 20th
version that you are studying. They are very different when it came to preservation.
Did you ask for the edited version with all historical and architectural references
removed?
Did you realize you are looking at an edited version?
Did staff tell you they removed all substantive references to preservation in your
version?
Did you realize the references were even in the older document?
The Planning and Zoning Commission after studying the issue for quite a while, voted
that all references to historic preservation and architectural standards be removed. It
was not a unanimous vote.
My question : It's been my observation that as you , the Council make changes a
document, the old wording is struck through and the new wording added just after so
you can compare the old and new. That was not done.
Why is that?
I want to close by reading a letter to the P&Z board by Don Roth
Dec 9, 2015 plan
Live 1-12 Englewood will provide a balance of
diverse, high quality housing stock that
incorporates a range of housing forms and
densities that appeal to families, singles, and
seniors, while retaining the historical character
and form of established neighborhoods.
Objective Live-4.2. Incorporate local historical,
cultural, and aesthetic references in new
housing developments.
Objective Play-4.3. Encourage artistic and
historical elements in new developments and
facade enhancements.
Strategy 2.2 Consider conducting an
exploratory study on the opportunities for
preserving historically significant struct~res and
landmarks, including options for reforming the
City's historic preservation code that rely on
incentives and respect property rights.
3-13 It is a future goal to promote infill
townhome development between the hospitals
and single family neighborhoods to the north to
provide a transitional zone that will diversify
land use mix, provide opportunities for new
housing and home ownership, while also
making efforts to identify historical properties
for preservation and encouraging traditional
neighborhood designs.
3-25
lncentivize preservation of homes identified as
possessing historical and architecturally
significant character.
3-29 lncentivize preservation of homes
identified as possessing historical and
architecturally significant character.
3-33 lncentivize preservation of homes
identified as possessing historical and
architecturally significant
character.
3-37 lncentivize preservation of homes
identified as possessing historical and
architecturally significant character.
3-49 It is a future goal to promote infill
townhome development to provide a
transitional zone that will diversify land use mix,
provide opportunities for new housing and
home ownership, while also making efforts to
identify historical properties for preservation
and encouraging traditional neighborhood
designs.
3-57 lncentivize preservation of homes
identified as possessing historical and
architecturally significant character.
March 20, 2016 Plan
ii The Highway 285 corridor, stretching from
City Center Englewood to the historical
Broadway commercial main street and the
Swedish-Craig Medical District. The City of
Englewood will also continue to market itself as
the southern suburbs historical downtown, as
well as capitalize on the City's strong daytime
population.
1-13 shop historical downtown, as well as
capitalize on the City's strong daytime
population.
2-26 Objective Live-4.2. Incorporate local
historical, cultural, and aesthetic references in
new housing developments where appropriate.
2-36 Objective Play-4.3. Encourage artistic and
historical elements in new developments and
fa<;ade enhancements
4-8 Strategy 2.2 Consider conducting an
exploratory study on the opportunities for
preserving historically significant structures and
landmarks, including options for reforming the
City's historic preservation code that rely on
incentives and respect property rights.
4-1 0 repeat 4-8
PUBLIC COMMENT ROSTER
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January 19, 2016
To the Planning and Zoning Commission,
I was dismayed to read that the Commission was recommending that the sections of the new
Comprehensive plan concerning architectural standards and historic preservation be removed. I don't
know who is responsible for those vision statements but they did originate from the public input
process.
Historic preservation is found in many cities and should be considered as an option for Englewood.
While not as common as historic preservation, architectural standards are more cutting edge. They are
found in some cities that want to take control of the appearance of their communities. They aren't
satisfied accepting anything someone might propose. I think a growing number of Englewood
residents are concerned about the total disregard for context that some of the new development
exhibits, and would favor some standards.
Certainly some areas of Englewood were built with infill development over the better part of a century
and are architecturally eclectic, but for the most part they still exhibit some relation to style and scale.
There are other areas of the City which were not infill development and so are more homogeneous.
Many of the goals detailed in the Comprehensive plan may never happen but that doesn't mean they
should be eliminated from this long term vision. Just because there was a lack of vision in the past
doesn't mean it has to always be that way.
Please don't hamper future Commissions just because the current Commission can't see the way.
Don Roth
My comments are directed to the visionary plan for the future and what we want our City
to look like.
On Apr. 4th, you made a council request about home preservation and the Comp Plan.
You got a response from Comm. Dev. on April 6. In that response there are a few vague
references to preservation and one solid suggestion.
That got me thinking and I compared the Dec. gth public version with the March 20th
version that yqu are studying. They are very different when it came to preservation.
Did you ask for the edited version with all historical and architectural references
removed?
Did you realize you are looking at an edited version?
Did staff tell you they removed all substantive references to preservation in your
version?
Did you realize the references were even in the older document?
The Planning and Zoning Commission after studying the issue for quite a while, voted
that all references to historic preservation and architectural standards be removed. It
was not a unanimous vote.
My question: It's been my observation that as you, the Council make changes a
document, the old wording is struck through and the new wording added just after so
you can compare the old and new. That was not done.
Why is that?
I want to close by reading a letter to the P&Z board by Don Roth
Dec 9, 2015 plan
Live 1-12 Englewood will provide a balance of
diverse, high quality housing stock that
incorporates a range of housing forms and
densities that appeal to families, singles, and
seniors, while retaining the historical character
and form of established neighborhoods.
Objective Live-4.2. Incorporate local historical,
cultural, and aesthetic references in new
housing developments.
Objective Play-4.3. Encourage artistic and
historical elements in new developments and
facade enhancements.
Strategy 2.2 Consider conducting an
exploratory study on the opportunities for
preserving historically significant structures and
landmarks, including options for reforming the
City's historic preservation code that rely on
incentives and respect property rights.
3-13 It is a future goal to promote infill
townhome development between the hospitals
and single family neighborhoods to the north to
provide a transitional zone that will diversify
land use mix, provide opportunities for new
housing and home ownership, while also
making efforts to identify historical properties
for preservation and encouraging traditional
neighborhood designs.
3-25
lncentivize preservation of homes identified as
possessing historical and architecturally
significant character.
3-29 lncentivize preservation of homes
identified as possessing historical and
architecturally significant character.
3-33 lncentivize preservation of homes
identified as possessing historical and
architecturally significant
character.
3-37 lncentivize preservation of homes
identified as possessing historical and
architecturally significant character.
3-49 It is a future goal to promote infill
townhome development to provide a
transitional zone that will diversify land use mix,
provide opportunities for new housing and
home ownership, while also making efforts to
identify historical properties for preservation
and encouraging traditional neighborhood
designs.
3-57 lncentivize preservation of homes
identified as possessing historical and
architecturally significant character.
March 20, 2016 Plan
ii The Highway 285 corridor, stretching from
City Center Englewood to the historical
Broadway commercial main street and the
Swedish-Craig Medical District. The City of
Englewood will also continue to market itself as
the southern suburbs historical downtown, as
well as capitalize on the City's strong daytime
population.
1-13 shop historical downtown, as well as
capitalize on the City's strong daytime
population.
2-26 Objective Live-4.2. Incorporate local
historical, cultural, and aesthetic references in
new housing developments where appropriate.
2-36 Objective Play-4.3. Encourage artistic and
historical elements in new developments and
fac;ade enhancements
4-8 Strategy 2.2 Consider conducting an
exploratory study on the opportunities for
preserving historically significant structures and
landmarks, including options for reforming the
City's historic preservation code that rely on
incentives and respect property rights.
4-10 repeat 4-8
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COUNCIL COMMUNICATION
Meeting Date: Agenda Item: Subject:
June 20, 2016 9bi Bill for an Ordinance
Banning Marijuana
Consumption Clubs-2nd
Reading
Initiated By: Staff Source:
City Council Dugan Comer, Acting City Attorney
PREVIOUS COUNCIL ACTION
At the April 11, 2016 Study Session, City Council discussed and agreed to ban
Marijuana Consumption Clubs in the City of Englewood.
RECOMMENDED ACTION
Staff recommends City Council approve a bill for an ordinance, on second reading,
making changes to the Englewood Municipal Code banning Marijuana Consumption
Clubs.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In April 2015 a Marijuana Consumption Club opened in the City of Englewood. These
Clubs have opened in other Municipalities with the results being that they have been
closed, are in the process of being closed, or are allowed with a Sunset/Amortization
Provision. City Council at the April 2016 Study Session did discuss allowing such
establishments but the consensus was to not allow these businesses with the City .
FINANCIAL IMPACT
This action will not have a financial impact.
LIST OF ATTACHMENTS
Bill for an Ordinance
•
ORDINANCE NO.
SERIES OF
BY AUTHORITY
COUNCIL BILL NO. 21
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE AMENDING TITLE 7, CHAPTER 6D, SECTION 12, SUBSECTION 2,
PARAGRAPH B-DEFINITIONS AND PARAGRAPH C -PROHIBITIONS, BY THE ADDITION
OF A NEW SUBPARAGRAPH 2, OF THE ENGLEWOOD MUNICIPAL CODE 2000,
PROHIBITING MARIJUANA CONSUMPTION CLUBS.
WHEREAS, the City of Englewood ("City") is a home-rule municipality organized and existing
under the provisions of Colorado Constitution Article XX; and
WHEREAS, pursuant to the Constitution, and as further authorized by State statutes, including,
but not limited to C.R.S. Section 31-15-401, the City has broad authority to exercise its police
powers to promote and protect the health, safety, and welfare of the community and its residents;
and
WHEREAS, such police powers include the power to regulate the nature and type of businesses
• allowed within such community; and
•
WHEREAS, the use, display, purchase, transport, and transfer of one ounce or less of
Recreational Marijuana by a person 21 years of age or older was codified in Section 16 of Article
18 of the Colorado Constitution, and in 12-43.4-103 et. Seq. of the Colorado Revised Statutes .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the
amending Title 7, Chapter 6D , Section 12, Subsection 2, Paragraph B, entitled Definitions, of the
Englewood Municipal Code 2000, by the addition of the following definition in alphabetical
order to read as follows:
7-6D-12-2: Recreational Marijuana .
B. Definitions.
Mariiuana Consumvtion Establishment: Shall mean an organization business. club. or
commercial operation that allows its members or guests to bum. smoke. inhale the vapors of. or
otherwise consume Marijuana in any form on the premises of the business.
Section 2 . The City Council of the City of Englewood, Colorado hereby authorizes the
amending Title 7, Chapter 6D , Section 12, Subsection 2, Paragraph C. Prohibition, by the
1
addition of a new Subparagraph 2 of the Englewood Municipal Code 2000, entitled to read as
follows:
7-6D-12-2: Recreational Marijuana.
C. Prohibition:
1. Recreational Marijuana Establishments are prohibited.
a. This prohibition shall not apply to Medical Marijuana Centers, Medical Marijuana
Primary Care-Givers, Medical Marijuana Infused Product Manufacturers, Medical
Marijuana Optional Premises Cultivation Operations that are licensed in accordance
with Article XVill, Section 14, of the Colorado Constitution, the Colorado Medical
Marijuana Code, and Title 5-3D EMC .
~· Marijuana Consumption Establishments as defined in 7-6D-12-2(B) are prohibited.
Section 3. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The City Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 4. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder
of this Ordinance or it application to other persons or circumstances .
Section 5 . Inconsistent Ordinances . All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
Section 6 . Effect of repeal or modification. The repeal or modification of any provision of
the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify,
or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which
shall have been incurred under such provision, and each provision shall be treated and held as
still remaining in force for the purposes of sustaining any and all proper actions, suits,
proceedings, and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well
as for the purpose of sustaining any judgment, decree, or order which can or may be rendered,
entered, or made in such actions, suits, proceedings, or prosecutions.
Section 7. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and
every violation of this Ordinance .
2
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•
•
•
•
•
Section 8. Federal and state laws are binding upon home rule municipalities. However,
neither this Article nor its adoption, implementation, or enforcement shall be construed as an
intent of the City, its elected officials, its employees or contractors or Authority members to
violate federal law, including but not limited to, the Controlled Substances Act of 1970, as
amended, nor shall such adoption, implementation or enforcement be construed as acquiescence
or conspiracy by the City, its elected officials, appointed Authority members, contractors, or its
employees to violate such federal and state law.
Introduced, read in full, and passed on first reading on the 6th day of June, 2016.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 9th day of
June, 2016.
Published as a Bill for an Ordinance on the City 's official website beginning on the 8th day of
June, 2016 for thirty (30) days.
Read by title and passed on final reading on the 20th day of June, 2016.
Published by title in the City 's official newspaper as Ordinance No._, Series of 2016, on
the 23rd day of June, 2016.
Published by title on the City's official website beginning on the 22nd day of
June, 2016 for thirty (30) days .
This Ordinance shall take effect thirty (30) days after publication following final passage.
Joe Jefferson, 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 2016.
Loucrishia A. Ellis
3
•
COUNCIL COMMUNICATION
Meeting Date: Agenda Item: Subject:
June 20, 2016 9bii Construction Hours-2nd
reading
Initiated By: Staff Source:
Council Action Murphy Robinson, Assistant City Manager
PREVIOUS COUNCIL ACTION
Council requested that the Code Advisory Committee study the hours that commercial
developers and residential developers are allowed to do construction around residential
neighborhoods.
RECOMMENDED ACTION
City Staff through the Code Advisory Committee recommends that Council adopt a bill
for an ordinance, on second reading, amending Title 6, Chapter 2, Section 5, Sub
Section E of the Englewood Municipal Code. The changes would reflect non-permitted
hours for construction work from 7 p.m. -7 a.m.
• BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
•
The council was asked to address construction hours, as the current hours caused
disturbances in residential neighborhoods. The Code Advisory Committee heard from
the public and made its recommendation reflecting what it believed to be best practices
for the industry and Englewood residents.
FINANCIAL IMPACT
This change has no financial impact to the City
LIST OF ATTACHMENTS
Bill for an ordinance
•
•
•
ORDINANCE NO.
SERIES OF 2016
BY AUTHORITY
COUNCIL BILL NO. 22
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE AMENDING TITLE 6, CHAPTER 2, SECTION 5, PARAGRAPH E,
CONSTRUCTION WORK, OF THE ENGLEWOOD MUNICIPAL CODE 2000.
WHEREAS, the City of Englewood ("City") is a Home Rule Municipality organized and
existing under provisions of Colorado Constitution Article XX; and
WHEREAS, increased residential construction has led to an increase in complaints that such
activity is creating unnecessary noise between the hours of 6:00 AM. to 9:00 P.M.; and
WHEREAS, in order to provide greater times of quiet enjoyment in residential areas the
Englewood City Council believes amending the current Code will positively impact the health,
safety and welfare of Englewood citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section I. The City Council of the City of Englewood, Colorado, hereby amends Title 6,
Chapter 2, Section 5, entitled Specific Prohibitions, Subsection E, of the Englewood Municipal
Code 2000, to read as follows:
6-2: NOISE CONTROL.
6-2-5: Specific Prohibitions.
The following acts are declared to cause unnecessary noises in violation of this Chapter;
provided, however, that the following enumerations shall not be deemed to be exclusive:
A. Horns and Signalling Devices . The sounding of any horn or signalling device on any truck,
automobile, motorcycle, emergency vehicle or other vehicle on any street or public place
of the City except as a danger warning signal as provided in the Vehicle Code of the State
of Colorado; the creation of, by means of any such signalling device, a sound in excess of
90 dB( A) at fifty feet (50') from the front of the vehicle; the sounding of any such
signalling device for any unnecessary and unreasonable period of time, under the
conditions then and there existing .
1
B. Radios, Television Sets, Phonographs and Similar Devices. It shall be unlawful for any
person to use, operate or permit to be played any radio receiving set, musical instrument,
television, phonograph, drum or other machine or device for the production or
reproduction of sound in such a manner as to cause to be made or continued any
unnecessary noise as heard without measurement or as heard and measured in the manner
described in Section 6-2-8 ofthis Chapter. The operation of any such set, instrument,
television, phonograph, machine or other device at any time in such a manner as to be
plainly audible at either the property line or plainly audible through a party wall within a
building or plainly audible at twenty five feet (25') from such device when operated within
a vehicle parked on a public right-of-way, shall be prima facie evidence of a violation of
this Section.
C. Commercial Loudspeakers. Using or operating a loudspeaker or sound amplifying
equipment in a fixed or movable position or mounted upon any sound vehicle for the
purpose of commercial advertising, giving instructions, directions, talks, addresses,
lectures or transmitting music to any persons or assemblages of persons in or upon any
street, alley, sidewalk, park, place or public property without first obtaining a permit
therefor.
D. Loading Operations. The loading, unloading, opening or otherwise handling boxes, crates,
containers, garbage containers or other objects in such a manner as to cause a disturbance;
the loading of any garbage, trash or compactor truck, or any other truck, whereby the
loading, unloading or handling boxes, crates, equipment or other objects is conducted
within a residential district or within three hundred feet (300') of any hotel or motel
between the hours of ten o'clock (10:00) P .M. and seven o'clock (7:00) A.M.
E. Construction Work. The operating, or causing to be used or operated any equipment used
in construction activities in any residential or commercial district between the hours of
~seven o'clock(~ 7:00) P.M. of one day and~ seven o'clock(~ 7 :00) A.M. of
the following day. Construction projects shall be subject to the maximum permissible noise
level specified for industrial districts for the periods within which construction is to be
completed pursuant to any applicable building permit.
F. Machinery, Motors, Fans, Air Conditioners and Other Mechanical Equipment. Operating
any machinery, equipment, pump, fan, air conditioning apparatus or similar mechanical
device within the City shall be subject to the maximum permissible sound pressure level
for the district in which the source is located.
G. Domestic Power Equipment. No person shall operate or permit to be operated on private
property or on the public way within any residential or commercial district(s) any power
equipment rated five horsepower or less and used for home or building repair or grounds
maintenance between the hours of ten o'clock (10:00) P.M . of one day and seven o'clock
(7:00) A.M . of the next day or operate or permit to be operated between the hours of seven
o'clock (7:00) A.M. and ten o'clock (10 :00) P.M. any such power equipment which emits a
noise sound pressure level in excess of eighty (80) decibels in the A weighting network
dB(A). Such power equipment shall include, but not be limited to , lawn mowers, garden
tools, snow removal equipment, electric or chain saws or any other power equipment used
for home or building repair or grounds maintenance . Noise sound pressure levels shall be
measured at a distance of twenty five feet (25 ') from the noise source.
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H. Commercial Power Equipment. No person shall operate on any property within a
residential or commercial district(s) or on any public way within a residential or
commercial district(s) any power equipment rated more than five (5) horsepower,
excluding construction equipment used for construction activities, such as but not limited
to chain saws, pavement breakers, log chippers, riding tractors, powered hand tools,
between the hours of ten o'clock (10:00) P.M. of one day and seven o'clock (7:00) A.M. of
the next day or within residential, commercial or industrial noise districts between the
hours of seven o'clock (7 :00) A.M. and ten o'clock (10:00) P .M. which emits a noise level
in excess of eighty eight (88) decibels, in the A weighting network dB(A). Noise sound
pressure levels shall be measured at a distance of twenty five feet (25') from the noise
source.
I. Vehicle Repairs and Testing. The repairing, building, rebuilding or testing of any truck,
automobile, motorcycle or other motor vehicle within the City shall be subject to the
maximum permissible sound pressure level for the district in which the source is located.
J. Racing Events . Operating or permitting to be operated any motor vehicle racing event at
any place in such a manner as to cause disturbance, without first obtaining a permit.
K. Dynamic Braking Devices. No person shall operate any motor vehicle with a dynamic
braking device engaged which is not properly muffled.
L. Defect in Vehicle or Load. The operating, or causing or permitting to be operated or used,
any truck, automobile, motorcycle or other motor vehicle so out of repair, or so located in
such a manner as to cause disturbance .
M. Animals and Fowls. No person shall keep, have in his possession or harbor any animals
which, by frequent or habitual howling, barking, meowing, squawking or other noise, shall
cause disturbance. The provision of this subsection shall apply to all private or public
facilities, including any animal pounds, which hold or treat animals.
Section 2. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The City Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 3. Severability. If any clause, sentence, paragraph, or part ofthis Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder
of this Ordinance or it application to other persons or circumstances.
Section 4. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
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Section 5. Effect of repeal or modification. The repeal or modification of any provision of
the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify,
or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which
shall have been incurred under such provision, and each provision shall be treated and held as
still remaining in force for the purposes of sustaining any and all proper actions, suits,
proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well
as for the purpose of sustaining any judgment, decree, or order which can or may be rendered,
entered, or made in such actions, suits, proceedings, or prosecutions.
Section 6. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and
every violation of this Ordinance.
Introduced, read in full, and passed on first reading on the 6th day of June, 2016.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 9th day of
June, 2016.
Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of
June, 2016 for thirty (30) days.
Read by title and passed on final reading on the 20th day of June, 2016.
Published by title in the City's official newspaper as Ordinance No. _, Series of 2016, on
the 23rd day of June, 2016.
Published by title on the City's official website beginning on the 22nd day of
June, 2016 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
Joe Jefferson, 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 2016. ,.
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Meeting Date: Agenda Item: Subject: Approval of Retail
Marijuana TABOR ballot
June 20 , 2016 11ai language
Initiated By: Department of Finance and Staff Source: Kathleen Rinkel, Director of
Administrative Services Finance and Administrative Services
PREVIOUS COUNCIL ACTION
Council agreed at the June 6, 2016 , Study Session to include a Tabor question to tax
Recreational Marijuana sales , should it become approved for sale , in the November 2016
elections.
RECOMMENDED ACTION
Staff recommends Council approve a bill for an ordinance submitting to a vote of the registered
electors of the City of Englewood at the next municipal election November 8 , 2016, a ballot
question to raise taxes on the sale of retail marijuana .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Per State law, the voters must approve any additional taxation . To be able to collect sales tax
on the sale of Recreational Marijuana, should it be approved in the City of Englewood in the
November 2016 election , a ballot issue must be approved by the voters for the specific tax .
Council has had lengthy discussions on the Recreational Marijuana issue and agreed that
whether they include a ballot issue or if one is brought forward through initiative , the sales
should be taxed .
FINANCIAL IMPACT
Taxation of Recreational Marijuana sales will provide additional Sales & Use tax for the City .
Estimation of revenue is not available as it is not known if the voters will approve the sales of
Recreational Marijuana in Englewood or not, nor is there enough firm information on how the
sales would be allowed to estimate potential revenue .
LIST OF ATTACHMENTS
Proposed Motion
Ballot Language (if not included in the motion)
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ORDINANCE NO.
SERIES OF 2016
BY AUTHORITY
COUNCIL BILL NO. 25
INTRODUCED BY COUNCIL
MEMBER ------
A BILL FOR
AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE
CITY OF ENGLEWOOD AT THE NEXT MUNICIPAL ELECTION NOVEMBER 8, 2016 A
BALLOT QUESTION AUTHORIZING THE CITY OF ENGLEWOOD SALES TAXES BE
INCREASED BY $512 ,500 ANNUALLY IN THE FIRST FULL FISCAL YEAR AND BY
SUCH AMOUNTS AS ARE RAISED ANNUALLY THEREAFTER BY IMPOSING AN
ADDITIONAL SALES TAX OF 3 .5% ON THE SALE OF RETAIL MARIJUANA AND
RETAIL MARIJUANA PRODUCTS, WITH THE TAX REVENUES BEING USED TO FUND
ANY LAWFUL GOVERNMENT AL PURPOSE DETERMINED BY THE CITY COUNCIL,
WITH THE RATE OF THE TAX BEING ALLOWED TO BE INCREASED OR DECREASED
WITHOUT FURTHER VOTER APPROVAL SO LONG AS THE RATE OF TAXATION
DOES NOT EXCEED 15% AND WITH THE RESULTING TAX REVENUE BEING
ALLOWED TO BE COLLECTED AND SPENT NOTWITHSTANDING ANY LIMIT A TIO NS
PROVIDED BYLAW .
WHEREAS, this bill for an ordinance would submit to the registered voters of the City of
Englewood a ballot question issue regarding increasing City taxes by imposing an additional
Sales Tax on the sale of Retail Marijuana and Retail Marijuana Products, with the tax revenues
used to fund any lawful governmental purpose determined by the City Council, with the rate of
the tax being allowed to be increased or decreased without further voter approval so long as the
rate of taxation does not exceed 15%, and with the resulting tax revenue being allowed to be
collected and spent notwithstanding any limitations provided by law; and
WHEREAS, Article X, Section 20 of the Colorado Constitution, commonly known as
TABOR, requires that the City have voter approval prior to issuance of any multiple-fiscal year
direct or indirect debt or other financial obligation whatsoever.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. There is hereby submitted to the registered electors of the City of Englewood at
the next scheduled municipal election November 8, 2016, the following ballot question
authorizing the City of Englewood Sales Taxes be increased by imposing an additional Sales Tax
of 3 .5% on the sale of Retail Marijuana and Retail Marijuana products, with the tax revenues
being used to fund any lawful governmental purpose determined by the City Council to read as
follows :
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Question No. __
SHALL CITY OF ENGLEWOOD TAXES BE INCREASED BY $512,500 ANNUALLY IN
THE FIRST FULL FISCAL YEAR AND BY SUCH AMOUNTS AS ARE RAISED
ANNUALLY THERE AFTER BY IMPOSING AN ADDITIONAL SALES TAX OF 3 .5% ON
THE SALE OF RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS, WITH
THE TAX REVENUES BEING USED TO FUND ANY LAWFUL GOVERNMENT AL
PURPOSE DETERMINED BY THE CITY COUNCIL, WITH THE RATE OF THE TAX
BEING ALLOWED TO BE INCREASED OR DECREASED WITHOUT FURTHER VOTER
APPROVAL SO LONG AS THE RATE OF TAXATION DOES NOT EXCEED 15%, AND
THE RESULTING TAX REVENUE BEING ALLOWED TO BE COLLECTED AND SPENT
NOTWITHSTANDING ANY LIMITATIONS PROVIDED BYLAW?
Yes No ------
Section 2. Each elector voting at said election and desirous of voting shall indicate his/her
choice by depressing the appropriate counter of the voting machine or by the appropriate marking
upon paper ballots where used.
Section 3. The proper officials of the City of Englewood shall give notice of said next
scheduled 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.
Section 4. For purposes of Section 1-11-203.5, C .R.S., this Ordinance shall serve to set the
title and content of the ballot issue set forth herein and the ballot title for such question shall be
the text of the question itself. Any petition to contest the form or content of the ballot title may
be filed with the District Court and a copy served on the City Clerk within five days after the title
of the ballot question is set by the City Council on final reading of this Ordinance.
Section 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 20th day of June, 2016.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 23rd day of
June, 2016 .
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• Published as a Bill for an Ordinance on the City's official website beginning on the 22nd day of
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June, 2016 for thirty (30) days.
Joe Jefferson, 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 20th day of June, 2016.
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
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Date Agenda Item Subject
June 20, 2016 11ci Electrical Preventative
Maintenance 2016 Project -
Award of Contract
INITIATED BY
Littleton/Englewood Wastewater Treatment
Plant Supervisory Committee
STAFF SOURCE
Chong Woo, Engineering/Maintenance
Manager
Dennis Stowe, WWTP Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approval of the 2016 Littleton/Englewood Wastewater Treatment Plant Budget.
RECOMMENDED ACTION
The Littleton/Englewood Wastewater Treatment Plant (LIE WWTP) Supervisory Committee
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recommended at its meeting on April 21, 2016 that Council approve, by Motion, a contract for
the Electrical Preventative Maintenance 2016 Project located at the LIE WWTP. Staff
recommends awarding the contract to the lowest reliable and responsive bidder, Magna IV
Engineering Inc., in the amount of $110,400.00.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In October 2014 Council approved an Arc Flash Hazard Analysis Study for the LIE WWTP .
The Arc Flash Study was initiated as a first step to develop a plant-wide electrical maintenance
program. The study was used to define protection boundaries and incident energy levels
within our work areas of the power distribution system. This is critical in preventing injury to
personnel and minimizing damage to the system components. Additionally, the study was
used to coordinate the fault current set points for the system to limit the extent and duration of
service interruptions during equipment failure or other adverse events to the electrical
distribution system . The Arc Flash Study was completed in 2015 .
Later in 2015, an electrical maintenance project was completed for our Blower Building. This
project was planned to be used as the basis to model future electrical projects plant-wide. The
scope included maintenance to the equipment from the level of the local control panel to the
primary electrical switchgears. The project proved to be successful as only minor deficiencies
were reported; and the deficiencies were subsequently corrected. Additionally, one
recommendation for equipment replacement was made due to the obsolescent nature of the
• equipment and safety concerns due to the high incident energy levels. Staff is in the process
of evaluating the recommendation for a future project implementation.
This Electrical Preventative Maintenance 2016 Project is a continuation of our plant-wide
electrical maintenance initiative. The scope of work will provide preventative maintenance as •
outlined by the latest edition of the American National Standards Institute, Standard for
Maintenance Testing Specifications for Electrical Power Distribution Equipment and Systems
(ANSI/NETA MTS). The project will also include a Final Report detailing the general
descriptions of the observed equipment conditions, a deficiency listing, and maintenance
testing results. Staff was able to incorporate the knowledge and lessons learned from the
2015 project to gain efficiencies in the scope, and therefore, this 2016 project will incorporate
the remaining plant site electrical equipment.
The Project was advertised on the Rocky Mountain E-Purchasing System (Bidnet), with the Bid
Opening conducted on March 16, 2016. A total of three (3) Bids were received.
$110,400.00
$216,944.00
$222,960.00
Magna IV (M4) Engineering Inc. was identified as the apparent low bidder. Based on our
review, M4's Bid is responsive and complete. M4 is an electrical engineering, testing, and
maintenance company specializing in services for power supply and distribution systems. The
firm is known in the industry and to our facility. The firm has completed similar projects for the
Metro Wastewater Reclamation District and in 2015 the firm completed our Blower Building
electrical maintenance project with satisfactory results .
FINANCIAL IMPACT
The Electrical Preventative Maintenance 2016 Project was budgeted and the Bid amount
($110,400.00) is available in the 2016 Capital Improvement Plan Budget. Costs will be shared
50/50 by the Cities of Englewood and Littleton.
LIST OF ATTACHMENTS
Bid Tabulation Sheet
Contract
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City of Englewood Bid Tabulation Sheet
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Bid Opening Date: March 16, 2016 2:00 PM MDT
Apparent Low Bidder
ITEM BID: ITB-16-002 Plant-wide Electrical Preventative Maintenance Project
Bid Bond Receipt of
Vendor YIN SOQY/N Addendums Total Bid
1 & 2 Y/N
Magna IV Engineering
96 Inverness Drive East, Unit R
Englewood, CO 80112
303-799-1273
Arie Proskurniak y y y $ 110,400.00
Faith Enterprises, Inc.
919 West Costilla
Colorado Springs, CO 80905
720-344-6654
James VanDeGrift y y y $ 216,944.00
Sturgeon Electric Company, Inc.
12150East112th Avenue
Henderson, CO 80640
303-286-8000
Travis Leapaldt y y y $ 222,960.00
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Exceptions/Comments
Bid was not submitted
on the City's Bid
Proposal Form
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Contract #CFC-16-15
THIS CONTRACT and agreement, made and entered into this 29th day of April , 2016,
by and between the City of Englewood, a municipal corporation of the State of Colorado
hereinafter referred to as the "City", and Magna IV Engineering, whose address is 96 Inverness
Drive East. Suite R. Englewood CO 80112, ("Contractor"), commencing on the 17th day of
February , 2016, 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: Plant-wide Electrical Preventative Maintenance Project
WHEREAS, proposals pursuant to said advertisement have been received by the Mayor and City
Council and have been certified by the Director of LIE Wastewater Treatment Plant to the Mayor
and City Council with a recommendation that a contract for work be awarded to the above named
Contractor who was the lowest reliable and responsible bidder therefore, and
• WHEREAS, pursuant to said recommendation, 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.
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NOW THEREFORE, in consideration of the compensation to be paid and the work to be
performed under this contract, the parties mutually agree as follows:
A. Contract Documents: It is agreed by the parties hereto that the following list of
instruments, drawings and documents which are attached or incorporated 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:
a. The ITB (Invitation to Bid)
b. The Statement of Qualifications (SQQ Form)
c. Plant-wide Electrical Equipment Preventative Maintenance
Project Manual
d. Spill Control Management and Clean-Up Document
e. Safety and Health Agreement
f. The Contract Drawings
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2412 www.englewoodgov.org
CFC/1 6 -15 P la nt-w ide E l ectrical Preve n tative Maintenance Project
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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 within ten (10) days from being notified to commence work
by the Director of L/E Wastewater Treatment Plant and agrees to fully complete said
work by 2017 , plus such extension or extensions of time as may be
granted by the Director of UE Wastewater Treatment Plants in accordance with the
provisions of the Contract Documents and Specifications.
D. Indemnification : The city cannot and by this Agreement/Contract does not agree to
indemnify, hold harmless, exonerate or assume the defense of the Contractor or any
other person or entity, for any purpose . The Contractor shall defend, indemnify and save
harmless the City, its officers, agents and employees from any and all claims, demands,
suits, actions or proceedings of any kind or nature including Worker's Compensation
claims, in any way resulting from or arising out of this Agreement/Contract: provided,
however, that the Contractor need not indemnify or save harmless the City, its officers,
agents and employees from damages resulting from the sole negligence of the City's
officers, agents and Employees .
E. Accidental Spills and/or Releases of Chemicals , Process Wastewater or Other
Unpermitted Substances to the Site : If a release of chemicals, process
wastewater or other unpermitted substance is spilled, leaked, or otherwise released to
the environment or Site, by CONTRACTOR, subcontractors, suppliers, or anyone
else for whom CONTRACTOR is responsible, CONTRACTOR will take immediate
steps to secure or otherwise isolate such condition, immediately notify the
Littleton/Englewood Wastewater Treatment Plant staff and contain and clean up any
such substance or spill. CONTRACTOR is responsible for making all notifications
and complying with all regulatory requirements related to such an incident. Any waste
generated as a result of a spill, leak, or other release to the environment or Site by
CONTRACTOR, subcontractors, suppliers, or anyone else for whom CONTRACTOR
is responsible shall become the property of CONTRACTOR and shall be disposed of
in accordance with all applicable requirements. In addition to cleanup and disposal
costs, CONTRACTOR is responsible for all costs associated with demobilization,
remobilization, medical examinations, and all other costs, claims, losses, and
damages, including but not limited to attorney fees and litigation costs as well as fines
and penalties, incurred by Littleton/Englewood Wastewater Treatment Plan as a result
of any substance or material that is spilled, leaked , or otherwise released to the
environment or Site by CONTRACTOR, subcontractors, suppliers, or anyone else for
whom CONTRACTOR is responsible .
F. Termination of Award for Convenience: The City may terminate the award at any time
by giving written notice to the Contractor of such termination and specifying the effective
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2412 www .englewoodgov .org
CFC/16 -15 P lant -wi de Elect r ical Preventa tive Ma in tenance Project
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date of such termination, at least thirty (30) days before the effective date of such
termination . In that event all finished or unfinished service, reports, material (s) prepared
or furnished by the Contractor after the award shall, at the option of the City, become its
property. If the award is terminated by the City as provided herein, the Contractor will be
paid that amount which bears the same ratio to the total compensation as the services
actually performed or material furnished bear to the total services/materials the successful
firm agreed to perform under this award, less payments of compensation previously made.
If the award is terminated due to the fault of the Contractor the clause relating to
termination of the award for cause shall apply.
G. Termination of Award for Cause: If, through any cause, the Contractor shall fail to fulfill in
a timely and proper manner its obligations or if the Contractor shall violate any of the
covenants, agreements or stipulations of the award, the City shall have the right to
terminate the award by giving written notice to the Contractor of such termination and
specifying the effective date of termination . In that event, all furnished or unfinished
services , at the option of the City, become its property, and the Contractor shall be entitled
to receive just, equitable compensation for any satisfactory work documents , prepared
completed or materials as furnished.
Notwithstanding the above, the Contractor shall not be relieved of the liability
to the City for damages sustained by the City by virtue of breach of the award
by the Contractor and the City may withhold any payments to the Contractor
for the purpose of set off until such time as the exact amount of damages due
the City from the Contractor is determined .
H. 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's proposal attached and
made a part hereof, the total estimated cost thereof being One Hundred Ten
Thousand and Four Hundred Dollars. ($110,400). A 5% retainage of the awarded
project amount will be withheld until final inspection and acceptance by the Project
Manager.
I. Appropriation of Funds : At present, $110,400 has been appropriated for the project.
Notwithstanding anyth ing contained in this Agreement to the contrary, the parties
understand and acknowledge that each party is subject to Article X, § 20 of the
Colorado Constitution ("TABOR"). The parties do not intend to violate the terms and
requirements of TABOR by the execution of this Agreement. It is understood and
agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or
obligation w ithin the meaning of TABOR and, notw1tflstana1ng a11yll 11119 Ii 1 t11ls
Agreement/Contract to the contrary, all payment obligations of the City are expressly
dependent and conditioned upon the continuing availability of funds beyond the term of
the City's current fiscal period ending upon the next succeeding December 31.
Financial obligations of the City payable after the current fiscal year are contingent upon
1000 Englewood Parkway , Englewood, Colorado 80110-2373
(303) 762-2412 www.englewoodgov .org
CFC/16 -15 Plant-wide Electr i cal Preventative Maintenance Project
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funds for that purpose being appropriated, budgeted, and otherwise made available in •
accordance with the rules, regulations, and resolutions of the City and applicable law.
Upon the failure to appropriate such funds, this Agreement shall be deemed terminated.
The City shall immediately notify the Contractor or its assignee of such occurrence in
the event of such termination.
J. Liquidated Damages: The City and Contractor recognize that time is of the essence in
this Agreement because of the public interest in health and safety, and that the City will
suffer financial loss, and inconvenience, if the Work is not complete within the time
specified in the bid documents, plus any extensions thereof allowed in accordance with
the General Conditions. They also recognize the delays, expense and difficulties
involved in proving, in a legal proceeding, the actual loss suffered by the City if the
Work is not complete on time. Accordingly, instead of requiring any such proof, the City
and Contractor agree that as liquidated damages for delay, but not as a penalty,
Contractor shall pay the City $0.00 for each day that expires after the time specified for
substantial completion until the Work is complete, and $0.00 for each day that expires
after the time specified for final completion until the Work is finally complete.
K. Assignment: Contractor shall not, at any time, assign any interest in this Agreement or
the other Contract Documents to any person or entity without the prior written consent
of the City specifically including, but without limitation, moneys that may become due
and moneys that are due may not be assigned without such consent (except to the
extent that the effect of this restriction may be limited by law). Any attempted
assignment which is not in compliance with the terms hereof shall be null and void.
Unless specifically stated to the contrary in any written consent to an Assignment, no
Assignment will release or discharge the Assignor from any duty or responsibility under
the Contract Documents.
L. If this project is for a public works project or public project, as defined in Section 8-49-
102(2) C.R.S. the contractor shall comply with 8-17-101 C.R.S. which requires the
contractor to use at least eighty percent (80%) Colorado labor for any public works project
financed in a whole or in part by State, counties, school districts, or municipal monies .
M. 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, assigns, and
successors.
N. Contractors Guarantee: The Contractor shall guarantee that work and associated
incidentals shall remain in good order and repair for a period of one ( 1) years from all
causes arising from defective workmanship and materials, and to make all repairs arising
from said causes during such period without further compensation. The determination of
the necessity for the repair or replacement of said project, and associated incidentals or
any portion thereof, shall rest entirely with the Director of UE Wastewater Treatment Plant
whose decision upon the matter shall be final and obligatory upon the Contractor.
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2412 www.englewoodgov .org
CFC/16 -15 P l ant -wid e Elect r ical Preve n tative ~a in tenanc e Project
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VERIFICATION OF COMPLIANCE WITH C.R.S. 8-17.5-101 ET.SEQ. REGARDING HIRING
OF ILLEGAL ALIENS
(a) Employees, Contractors and Subcontractors: Contractor shall not knowingly employ
or contract with an illegal alien to perform work under this Contract. Contractor shall not contract
with a subcontractor that fails to certify to the Contractor that the subcontractor will not knowingly
employ or contract with an illegal alien to perform work under this Contract. [CRS 8-17.5-
102(2)(a)(I) & (II).]
(b) Verification: Contractor will participate in either the E-Verify program or the Department
program, as defined in C.R.S. 8-17.5-101 (3.3) and 8-17.5-101 (3.7) respectively, in order to
confirm the employment eligibility of all employees who are newly hired for employment to perform
work under this public contract. Contractor is prohibited from using the E-Verify program or the
Department program procedures to undertake pre-employment screening of job applicants while
this contract is being performed.
(c) Duty to Terminate a Subcontract: If Contractor obtains actual knowledge that a
subcontractor performing work under this Contract knowingly employs or contracts with an illegal
alien, the Contractor shall:
( 1) notify the subcontractor and the City within three days that the Contractor has
actual knowledge that the subcontractor is employing or contracting with an illegal alien;
and
(2) terminate the . sub-contract with the subcontractor if, within three days of
receiving notice required pursuant to this paragraph the subcontractor does not stop
employing or contracting with the illegal alien; except that the Contractor shall not
terminate the contract with the subcontractor if during such three days the subcontractor
provides information to establish that the subcontractor has not knowingly employed or
contracted with the illegal alien.
(d) Duty to Comply with State Investigation: Contractor shall comply with any reasonable
request of the Colorado Department of Labor and Employment made in the course of an
investigation by that the Department is undertaking pursuant to C.R.S. 8-17.5-102 (5).
(e) Damages for Breach of Contract: The City may terminate this contract for a breach of
contract, in whole or in part, due to Contractor's breach of any section of this paragraph or
provisions required pursuant to C.R.S. 8-17.5-102. Contractor shall be liable for actual and
consequential damages to the City in addition to any other legal or equitable remedy the City
may be entitled to for a breach of this Contract under this Paragraph .
IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed by their
authorized officers as of the day and year first above written. This Agreement may be executed
1000 Englewood Parkway, Englewood, Colorado 80110-2373
{303) 762-2412 www.englewoodgov.org
CFC/16 -15 P l ant-w i de Electrical Pr eve nta tive Ma in t e nance Prcject
5
in counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
CITY OF ENGLEWOOD, COLORADO
By: _________________ Date:. ____ _
(Department Director)
By: _________________ Date:. ____ _
(City manager)
By: ________________ Date: _____ _
(Mayor)
ATTEST : __________ ~
City Clerk
Magna IV Engineering Inc.
(Consultant Name)
96 Inverness Drive East Suite R
Address
Englewood CO, 80112
City, State, Zip Code
By:~~~--...;~=r=--....,......~~~~~
(Signature)
Arie Proskurniak
(Print Name)
Title: Field Service Manager
Date: April 29, 2016
1000 Englewood Parkway, Englewood , Colorado 80110-2373
(303) 762-2412 www .englewoodgov .org
CFC/16 -15 P lant -w ide Electrical P reve n tative Maintenance Pro~ec t
6
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STATEOF~~)
cftn " J/'\~ ) SS.
COUNTY OF~ e_)
On this -ii rtt day of Af~\ L , 20\(., before me personally appeared A~\ k tAo~Kv1t.µ1AK , known to me to be the i="J£Lb ~EivtU: l"IALIAb~f
MA.(.,J..JA 1\/' l?t.Jt .. 1~ tu. •Wt... 1ivL , the corporation that executed the within and
foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of
said corporation for the uses and purposes therein mentioned , and on oath stated that he was authorized
to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
first above written .
My comm ission expires : <D Cf -l l/ -
1000 Englewood Parkway , Englewood , Colorado 80110-2373
(303) 762-2412 www .englewoodgov .org
CFC/16 -15 P l an t-w i de Electrica l Preve nta tive Ma in tenanc e Project
7
SCHEDULE A
OUTLINE OF STATEMENT OF WORK
1. GENERAL
City of Englewood/LEWWTP and
Magna IV Engineering Inc.
96 Inverness Drive East, Suite R
Englewood, CO 80112
Phone: 303.799 .1273
aproskurniak@magnaiv.com
2. NAMES OF PROJECT COORDINATORS
LEWWTP: Gunter Ritter, P.E.
Magna IV Engineering Inc.: Arie Proskurniak, E.1.T
3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK
This Electrical Preventative Maintenance 2016 Project is a continuation of our plant-wide
Electrical Maintenance Program. The Contractor will provide preventative maintenance
as outlined by the latest edition of the American National Standards Institute, Standard for
Maintenance Testing Specifications for Electrical Power Distribution Equipment and
Systems (ANSI/NETA MTS). Following the equipment maintenance effort, the Contractor
will issue a Final Report including a general description of the observed equipment
conditions, a deficiency listing, and maintenance testing results.
4 . EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY)
NA
5. OTHER CONTRACTOR RESOURCES
NA
6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES
The Contractor will provide preventative maintenance as outlined by the latest edition of
ti ie American Natiorral Sta11dar ds Ir 1stitute, Star 1da1 d for Maintenanee -"Festing ·q •••
Specifications for Electrical Power Distribution Equipment and Systems (ANSI/NETA
MTS). Reporting for test recording and corrective actions on deficiencies.
1000 Englewood Parkway, Englewood , Colorado 80110-2373
(303) 762-2412 www.englewoodgov .org
CFC/16 -15 P lant-wide Electrical Preve n tative Maintenance Project
8
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7. SPECIAL TERMS, IF ANY
NA
8. MODE OF PAYMENT
Check
9. PAYMENT SCHEDULE
City will pay Contractor for the work in accordance with the following payment schedule.
All payments to Contractor are contingent on Contractor's satisfying the
Deliverables/Milestones set forth in the Payment Schedule. Payments shall be made
upon City's written confirmation to Contractor that the Deliverables-Milestones have
been satisfied.
Monthly payments reflecting work progression .
10. SCHEDULE AND PERFORMANCE MILESTONES
This schedule sets for the target dates and performance milestones for the preparation
and delivery of the Deliverables by Contractor.
Start work ASAP after Notice to Proceed. Work completion in 2017 .
11 . ACCEPTANCE AND TESTING PROCEDURES
Acceptance is by LEWWTP Engineering Department
12. LOCATION OF WORK FACILITIES
LEWWTP
IN WITNESS WHEREOF, pursuant and in accordance with the Contract between the parties
hereto dated , 2016, the parties have executed this Statement of Work as of
this day of , 2016.
CITY OF ENGLEWOOD, COLORADO
(Print Name)
Title :--------------
Date: _____________ _
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2412 www.englewoodgov .org
CFC/16 -15 P l ant -w!de Elect r ical Pr e ventative Maintenance Pr oj ect
9
Magna IV Engineering Inc.
Contractor's Name
By: a~
(Signature)
Arie Proskurniak
(Print Name)
Title: Field Service Manager
Date : A~~\L. 1-C\ Lo I(,,
I
1000 Englewood Parkway, Englewood , Colorado 80110-2373
(303) 762-2412 www.englewoodgov .org
CFC/16 -15 Plant -wide Electrical Preventative Maintenance Project
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COUNCIL COMMUNICATION
Meeting Date: Agenda Item: Subject: Lease of the
20 June 2016 Tejon Fire Station
11cii
Initiated By: City Manager's Office Staff Source: Eric A. Keck, City
Manager
PREVIOUS COUNCIL ACTION
No previous City Council action has been taken on this item.
RECOMMENDED ACTION
The City Manager's Office recommends that the City Council enter into a lease
agreement with Harvey Construction, Inc. OBA American Striping Company.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
With the Englewood Fire and Rescue Department no longer utilizing the Tejon Fire
Station located at 3075 South Tejon Street, the City desires to have a tenant utilizing
the building. Given the City Council's desire to hold onto assets rather than declare
them surplus and sell them, staff determined that a lease of the property made best
sense. Toward this effort of having a tenant in the facility, the Englewood Procurement
Division conducted an RFP for the lease of the Tejon Fire Station. RFP-16-07 for the
lease of the Tejon Fire Station was open from 12 April 2016 through 3 May 2016. The
RFP process yielded only one formal response from Harvey Construction Inc. doing
business as American Striping Company. During the RFP process, several brokers and
companies did call the City Manager's Office with the desire to purchase the real estate
but not lease the site .
The City had an appraisal of rental rates performed on comparable industrial buildings
through the use of Metropolitan Appraisers, Inc. which is an Englewood commercial real
estate appraisal firm. The resultant study indicated rents ranging from $7.25 to $10.00
per square foot. The proposal from American Striping Inc . suggested a base rental rate
of $6.48 per square foot for the first two years, $9.07 in years three and four and then it
climbs to $10.37 per square foot in year five. Please see attached Letter of Intent. The
reasoning for the lower lease rate up front relates to the capital cost of tenant
improvements that are proposed at the Tejon Station to make it work for their striping
business. These improvements are seen more specifically on the attached
improvement page but include buildout of new office space, new carpet and paint,
installation of a security fence, installation of vehicle lifts in bays, and other
miscellaneous improvements.
This is a gross lease with the tenant covering the cost of utilities and maintaining the
interior of the building related to their usage of the facility and American Striping will also
be responsible for the care and maintenance of the grounds. The initial term is five
years with three additional five year lease options that include an automatic 3% lease
rate escalation. American Striping has also requested a first right of refusal to acquire
the real estate should the City Council determine that they would declare the facility
surplus.
Staff has reviewed the lease terms and spoken with commercial realtors who believe
that this lease rate is fair, equitable and close to market rates initially and then surpass
market over time. This particular company will be a great complimentary use of the
property and appears to be poised to grow and care for the site .
FINANCIAL IMPACT
The City will realize the following through the term of the lease :
Year 1: $30,000
Year 2: $30,000
Year 3: $42,000
Year 4 : $42,000
Year 5: $48,000
Year 6-10: $49,440
Year 11-15: $50,923.20
Year 16-20: $52,450.90
LIST OF ATTACHMENTS
Letter of Intent
Proposed Improvement List
Lease Agreement
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Attention:
Proposal:
Parties:
Item c:
Lease Rate:
City of Englewood, Procurement Division
1000 Englewood Parkway
Englewood, CO . 80110-2373
RFP-16-007 Lease of the Tejon Fire Station Building
3075 South Tejon Street, Englewood, CO . 80110
Landlord: City of Englewood
Tenant: Harvey Construction Inc. OBA American Striping Company
"The proposal is to include the period for which proposer would like to lease the
property, and the proposed payment/rent amount schedule."
Proposed lease start date would be as soon as a fully executed lease projected date of
June 15th 2016, (pending contractual obligations having been met by both parties). We
are requesting a lease term of 5 years with an option to purchase anytime during or
thereafter the 5 years. Request to renew lease would be submitted for an additional 5
years pending the inability to purchase. This request renewal would be submitted in the
1st month of the fifth year. Proposed payment and schedule is as follows based on a
gross rate not including Water/Sewer/Concrete/Storm are charged as one bill on a
quarterly basis. The sewer charges are estimated at $214.00 per Quarter and water is
$83.25 up to 22,000 gallons, add $3.29 per thousand gallons over that.
Year 1: $2,500 Per month -$30,000 Annual
Year 2: $2,500 Per month -$30,000 Annual
Year 3: $3,500 Per month -$42,000 Annual
Year 4: $3,500 Per month -$42,000 Annual
Year 5: $4,000 Per month -$48,000 Annual
Extension Option: Three (3) Five (5) Year extensions options. Each option will incur a 3% escalation
on base rate per term .
Additional Provisions: Tenant will have a "First Right Of Refusal" per this lease .
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Item e:
Response:
"The Proposal is to include a specific proposed use for both the Facility and the
Property."
We are a Licensed Disadvantaged Business Enterprise Contractor who specializes in
Roadway Pavement Markings. Our current facility which we are presently sharing with 2
other businesses does not have the capacity to warehouse our temperature and
weather sensitive materials. Nor the ability to house our over-sized trucks to protect
them from the elements. The facility portion of the premises would be used for office
space as well as storage. If we were the selected recipient any and all interior changes
would be submitted for approval, and if deemed necessary we would return the facility
to its current configuration at the conclusion of our lease term. The bay area of the
facility would be used to house, and maintain (light maintenance) our trucks and
equipment. We would video the area and upon the conclusion of our lease term would
ensure that the area was the same if not better than when we started our term. The
Property at this time I would like to propose would not be disturbed with the exception
of adding a perimeter fence at our expense to protect employee's vehicles, company
equipment and materials. We would maintain the grass, trees, shrubs, sprinkler system,
and would be responsible for snow removal. If in the future any alterations to the yard
were to be required the plan would be submitted to the City for approval with the
condition that any changes would be reverted to the current condition at the conclusion
of our lease term.
Security Deposit : "A one month rental deposit will be required in advance on any lease
agreement made as a result of the RFP."
•
Authorized Agent Date
Alejandra Harvey May 27th, 2016
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Year Improvement
1 Demo out existing living area • 1 Build out new small office space
1 Run additional electrical for office space
1 Repair carpet and paint
1 Run new networking cable to office space
1 Misc. repairs throughout property
1 Install safety fence around yard
1 Remove sod and install road base for yard
2 Build out addtional office space
2 Install lifts in bays
2 Run additional electrical and plumb air to bays
2 Additional office buildout
2 Run new Eletrical to office space
2 Additional improvements to yard space
3 TBD
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RESOLUTION NO .
SERIES OF 2016
A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD TO ENTER INTO A
LEASE WITH HARVEY CONSTRUCTION INC. dba AMERICAN STRIPING COMP ANY
TO LEASE THE TEJON FIRE STATION LOCATED AT 3075 SOUTH TEJON STREET
ENGLEWOOD, COLORADO.
WHEREAS, the Englewood Fire and Rescue Department is no longer utilizing the Tejon Fire
Station; and
WHEREAS, Harvey Construction Inc dba American Striping Company submitted a Letter of
Intent to Lease the Tejon Fire Station located at 3075 South Tejon Street, dated May 27, 2016;
and
WHEREAS, the reasoning for the lower lease rate up front relates to the capital cost of tenant
improvements that are proposed at the Tejon Station to make it work for their striping business;
and
WHEREAS, American Striping Company will cover the cost of utilities and maintaining the
interior of the building related to their usage of the facility and American Striping will also be
responsible for the care and maintenance of the grounds; and
WHEREAS, American Striping has requested a first right of refusal to purchase the real estate
should the Englewood City Council determine that they would declare the facility surplus; and
WHEREAS, any sale of the property shall be by ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The Englewood City Council hereby authorizes entering into the Lease for the
Tejon Fire Station between the City of Englewood and Harvey Construction Inc . dba American
Striping Company, attached hereto as Exhibit A.
Section 2. The City Manager of the City of Englewood is hereby authorized to sign and attest
said Lease for and on behalf of the City of Englewood.
ADOPTED AND APPROVED this 20th day of June, 2016.
ATIEST:
Joe Jefferson, Mayor
• Loucrishia A. Ellis, City Clerk
1
I, Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado , hereby certify the
above is a true copy of Resolution No. __ , Series of 2016 .
Loucrishia A. Ellis, City Clerk
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!I ii ,, LEASE AND OPTION
li !i THIS INDENTURE, dated , is between THE CITY OF ENGLEWOOD , COLORADO
ii the Landlord and HARVEY CONSTRUCTION INC . dba AMERICAN STRIP INC: , the Tenant.
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In consideration of the payment of the rent and the keeping and performance of the coYenants and agreements b y Ii
the Tenant herein , the Landlord leases to the Tenant , the following described premises (the "Premises") located in the 1·1 ! ~ ii County of Arapahoe , City of Englewood in the State of Colorado, to wit: ,1
ii Lot4 and Lot 7, Block 10, Vista Heights 2nd Filing , Except Streets.
ii Also known as: the City of Englewood Tejon Fire Station, 3075 South Tejon Street, Englewood, CO 80110.
ii
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The Premises described above, with all the appurtenances, are leased to the Tenant for the full term , from the date
of July, 2016 until the date of __ Ju_l~y_3_1,_2_0_3_6 ___________ _
for a rental of $ See Exhibit A , payable
SEE EXHIBIT A ATTACHED HERETO , FOR THE MONTHLY RENTAL AND ANNUAL PAYMENTS ..
THE TENANT, IN CONSIDERATION OF THE LEASING OF THE PREMISES, COVENANTS AND AGREES
AS FOLLOWS:
To pay the rent above;
To keep the Premises in good condition and repair and at the expiration of this lease to surrender and deliver up the
same in as good order and condition as when entered upon , loss by fire , inevitable accident, act of God or ordinary wear
excepted;
To not assign this lease or any interest therein without prior written consent of the Landlord ;
To use the Premises for no unlawful or questionable purpose and to obey the laws , ordinances and police regula-
tions in relation to the use and condition thereof and of the roads and streets adjoining .
IT IS AGREED that all assessments for water that may be le vied against the Premises during the continuance of this
lease will be paid by Tenant and that all charges for heating and lighting the
Premises shall be paid by Tenant as they become due. Also , ifthe Premises become
untenantable on account of damage by fire, flood or act of God , the term of this lease may be terminated by the Tenant.
IT IS FURTHER AGREED that if the Premises are left vacant, then the Landlord may, without being obliged to do
so and without terminating this lease , retake possession of the Premises . If any part of the rent herein reserved is unpaid ,
the La ndlord may rent the same for such rent and upon such conditions as the Landlord may think best , making such
changes and repairs as may be required , giving credit for the amount of rent received, less all expenses created thereby,
and the Tenant shall be liable for the balance of the rent herein reserved until the expiration of the term of this lease.
A security deposit in the amount of $ See below shall be returned to the Tenant, or a written accounting
listing the exact reasons for the retention of any portion of the security deposit , within sixty (60) days after termin atio n
I of the lease or surrender and acceptance of the premises . The Landlord will mail the written statement to the last known
address of the Tenant . I
l
j It is agreed that if the Tenant is in arrears in the payment of any installment of rent , or any portion thereof, or in I
default of any of the covenants or agreements herein to be performed by the Tenant , and the default is uncorrected for a
Ii period of three (3) days after Landlord has given written notice , Landlord may, at Landlord's option, without liability for 11 Ii trespass or for damage s; enter into and upon the Premises , or a portion thereof; declare the tem1 of this lease ended: I'
Ji repos sess the Premise s as the L andlord's former estate; peacefully expel and remove the Tenant . those claiming under I
!i him , or any person or person s occupying the same and their effects; all without prejudice to any other remedie s arni l-1
11 able to the Landl ord for arrears of rent or breach of covenant . I
il In the event any payment required hereunder is not made within ten (I 0 ) days after the payment is due, a late chanre i il in the amount of 5 st of the payment wi ll be paid by the Tenant. -II
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'.'lo. e902. Rev. 4-00. LEASE A .. 'ID OPTION Cop)Tight 1987 (Page I of 3)
Bradford Publishing . 1743 Wazee St.. Denver. CO 80202 -303-292-2500 -www.bradfordpublishing.com -eForm
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IT IS FURTHER MUTUALLY AGREED that the Landlord, in consideration of the performance of all the covenants •
and agreements herein to be performed by the Tenant. herebv !rives to the Tenant a Right of First Refusal to purchase
· the premises in the future should the Landlord declare the premises as surplus. The sum of the purchase shall be determined by
an MAI Appraisal at the time the premises may be declared surplus.
The Landlord, upon payment of this purchase money, will convey the Premises by Warranty Deed to the Tenant free from
all encumbrances except
none
and will furnish title insurance : so showing. The rent, water, taxes and insurance are to be adjusted to the date of
transfer. If a security deposit has been made, upon completion of the lease and purchase of the Premises, it will be treated
as follows:
the security amount is credited as first and last months rent as desired by the City in the published offering .
Additional orovisions:
Tenant accepts the terms of the lease as being gross. Water, sewer, electrical and gas shall be paid at tenant expense. Tenant
sha_ll be responsible for the _ins~rance of building contents . Tenant shall be responsible for internal building and grounds
mamten~ce . All tenant fimsh improvements shall be made at tenant expense. The existing air compressor shall be deemed a
fixtu~e Wit~ the pro~erty and transferred at time of sale with no warranty. Tenant requests occupancy as soon as reasonably
practical ~th the City of Englewood and is willing to enter the premises with a prorated lease arrangement at a mutually agreed
upon earlier date.
Should any provision of this Lease . violate any federal, state or local law or ordinance, that provision
shall be deemed amended to so comply with such law or ordinance, and shall be construed in a manner so as to com ply.
Where used herein, the singular shall include the plural and the use of any gender shall include both genders.
IT IS FURTHER UNDERSTOOD AND AGREED that all the covenants and agreements contained in this Lease shall
extend to and be binding upon the heirs, personal representatives, successors and assigns of their respective parties.
Landlord Tenant(s)
Name and Address of Person Creating Newly Created Legal Descri pti on (§38-3 5-1065 , C .R .S .)
ASSIGNMENT AND ACCEPTANCE
For value received -------------------------' as assignor, assigns all right,
title and interest in and to the within Lease to _____________________ ,as
assignee, and assignee 's heirs and assigns . And in consideration of this assignment, the assignee accepts this assignment
and agrees to make all the payments and perform all the covenants and agreements in this Lease that apply
to the leasee .
Executed on--------------
Page 2 of 3
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CONSENT TO ASSIGNMENT
Consent to the assignment of the within Lease to------------------------
is given, on the condition that the assignor will remain liable for the prompt payment of the rent and performance of the
covenants on the part of the lessee as therein mentioned, and that no further assignment of the Lease or subletting of the
Premises, or any part thereof, will be made without further prior written agreement.
Executed on--------------
Page 3 of 3
EXHIBIT A
Payable monthly on the first of each month.
Year 1: $2,500 Per Month -$30,000 Annual plus taxes, insurance, maintenance, utilities.
Year 2: $2,500 Per Month -$30 ,000 Annual plus taxes, insurance, maintenance, utilities.
Year 3: $3,500 Per Month-$42,000 Annual plus taxes, insurance, maintenance, utilities.
Year 4: $3,500 Per Month -$42,000 Annual plus taxes, insurance, maintenance, utilities.
Year 5 : $4,000 Per Month-$48,000 Annual plus taxes, insurance, maintenance, utilities.
Years 6 -10: $49,440 Annual plus taxes, insurance, maintenance, utilities.
Years 11-15: $50,923.20 plus taxes, insurance, maintenance, utilities .
Years 16-20: $52,450.00 plus taxes, insurance, maintenance, utilities.
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COUNCIL COMMUNICATION
Meeting Date: Agenda Item: Subject:
06/20/2016 11 ciii 4th of July Event
Initiated By: Staff Source:
Council Action Murphy Robinson, Assistant City Manager
PREVIOUS COUNCIL ACTION
Council gave direction to staff to plan and execute the 4th of July event for 2016.
RECOMMENDED ACTION
The 4th of July event was not budgeted for in the 2016 budget, so City Staff is
requesting a budget appropriation in the amount of $67,588.00 for the 2016 4th of July
event.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The 21st annual Fourth of July Family Festival and Fireworks Show will be held on
Monday, July 4 and encompasses the cities of Englewood and Littleton, South Suburban
Parks and Recreation. This event attracts an audience of over 50,000 people, a cross-
section of our communities. With an emphasis on a free event for families, there is also a
focus on safety and encouraging communication with local law enforcement, the Denver
Fire Department, the Littleton Fire Department and the Denver Health Ambulance
Company.
Historically the cost of this event has been absorbed in the separate departments of all of
the entities involved and a formal fiscal analysis has never been performed. After review,
it is estimated that the City of Englewood has spent approximately $155,000 on this event
in years past to include personnel, equipment and services. This amount does not include
sponsorships and donations . Partnering municipalities and districts are estimated to have
spent approximately $90,000 totaling a historic cost of approximately $245,000 a year.
Understanding the financial impact of this event, staff made significant changes to
programming, operational cost and resource allocations saving approximately 43% from
previous years. The City has acquired a total of $30,050 in donations and vendor fees . A
breakdown of the final cost for the event has been included with this document.
FINANCIAL IMPACT
The event will cost $67,588 .00 out of the general fund unassigned fund balance.
• LIST OF ATTACHMENTS
Resolution
Spreadsheet of Cost for Event
2016 4th of July Financial Impact •
Revenues
Sponsor Contributions $27,000.00
Vendor Fees $3 ,050.00
Total $30,050.00
E tO t" IE ven •pera 10na xpenses
Personnel Expenses $40,930.00
Event Coordination $10,000.00
Purchased Materials/ Services $ 46,708.00
Total $97,638 .00
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RESOLUTION NO .
SERIES OF 2016
A RESOLUTION APPROVING A SUPPLEMENT AL APPROPRIATION TO THE 2016
BUDGET AND TRANSFER BETWEEN FUNDS .
WHEREAS , the City of Englewood is required by City Charter to ensure that expenditures do
not exceed legally adopted appropriations ; and
WHEREAS , the 2016 Budget was submitted and approved by the Englewood City Council on
November October 19 , 2015 ; and
WHEREAS, this supplemental appropriation to the 2016 Budget is due to the 4th of July Event
was not budgeted in to 2016 Budget and not appropriated at the time of the 2016 Budget was
prepared.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS:
Section 1. The Budget for the City of Englewood, Colorado , is hereby amended for the year
ending 2016 , as follows :
2016 SUPPLEMENTAL APPROPRIATION
SOURCES AND USES OF FUNDS:
GENERAL FUND
SOURCE OF FUNDS:
Unassigned Fund Balance
USE OF FUNDS:
4th of July Family Festival and Fireworks Show
Total Use of Funds
$ 67 ,588
$ 67,588
$ 67,588
Section 2 . The City Manager and the Director of Finance and Administrativ e Services are
hereby authorized to make the above changes to the 2016 Budget for the City of Englewood.
ADOPTED AND APPROVED this 20th day of June, 2016.
ATIEST:
Joe Jefferson, Mayor
• Loucrishia A. Ellis , City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. __ , Series of 2016 .
Loucrishia A. Ellis, City Clerk
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