HomeMy WebLinkAbout2014-04-07 (Regular) Meeting Agenda Packet1 . Call to Order.
2 . Invocation.
3 . Pledge of Allegiance.
4. Roll Call.
Agenda for the
Regular Meeting of the
Englewood City Council
Monday, April 7, 2014
7:30 pm
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
5. Consideration of Minutes of Previous Session.
a. Minutes from the Regular City Council Meeting of March 17, 2014.
6. Recognition of Scheduled Public Comment. (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. Students from the University of Colorado will perform "Public Notices" in conjunction with
their ongoing collaboration with the M 12 Collective and the Museum of Outdoor Arts
exploring alternative educational practices and citizenship.
7. Recognition of Unscheduled Public Comment. (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.
a. A proclamation declaring April 18, 2014 as Arbor Day.
Please note : If you have a disability and need auxiliary aids or services, please notify the City of Englewood
(303-762-2405) at least 48 hours in advance of when services are needed.
Englewood City C o uncil Agenda
April 7, 2014
Page 2
9. Consent Agenda Items
a. Approval of Ordinances on First Reading.
i. Council Bill No. 20 -Recommendation from the Utilities Department to adopt a bill for
an ordinance authorizing Englewood's continued participation in the South Platte
Water Related Activities Program . Staff Source: Stewart H. Fonda, Director of
Utilities .
ii. Council Bill No. 21 -Recommendation from the Littleton /Englewood Wastewater
Treatment Plant Supervisory Committee to adopt a bill for an ordinance authorizing a
farm lease agreement for farm management services of the Wastewater Treatment
Plant's beneficial use farm near Byers and Bennett, Colorado. Staff Sources: Stewart
H. Fonda, Director of Utilities and Jim Tallent, Treatment Division Manager.
b. Approval of Ordinances on Second Reading.
i. Council Bill No. 15, approving a memorandum of understanding with the Colorado
Electronic Crimes Task Force.
ii . Council Bill No. 16, approving a memorandum of understanding with Homeland
Security Investigations and Immigration and Customs Enforcement regarding our
participation in joint operations and task forces .
iii . Council Bill No. 17, authorizing the application for, and acceptance of, a grant through
the Urban Areas Security Initiative/North Central Region programs.
iv . Council Bill No. 18, authorizing acceptance of a Colorado Internet Crimes Against
Children Task Force grant in the amount of $6,200.
c. Resolutions and Motions.
i. Recommendation from the Public Works Department to approve, by motion, a
Professional Services Agreement with See Architecture, LLC, for design of a Vehicle
Wash and Fluid Distribution Station. Staff Source: Dave Henderson, Deputy Public
Works Director.
10. Public Hearing Items. (None Scheduled .)
11. Ordinances, Resolutions and Motions
a. Approval of Ordinances on First Reading.
i. Council Bill No. 22 -Recommendation from the Community Development
Department to adopt a bill for an ordinance amending sections of Title 16 of the
Englewood Municipal Code pertaining to non-conforming structures. Staff further
recommends that Council set a Public Hearing for April 21 , 2014 to gather public input
on the proposed amendments. Staff Source: Chris Neubecker, Senior Planner.
Please note: If you ha ve a disa bility and need au x iliary aids or services , please notify the City of Englewood
(303-762 -2 405) at leas t 48 hours in advance of when services are needed .
Englewood City Council Agenda
April 7, 2014
Page 3
b. Approval of Ordinances on Second Reading.
i. Council Bill No. 14, as amended, an emergency ordinance creating a moratorium on
the establishment of any new medical marijuana businesses that sell, manufacture, or
cultivate medical marijuana.
c. Resolutions and Motions.
i. Recommendation from the Finance and Administrative Services Department to
approve a resolution for a year-end supplemental appropriation to the 2013 Budget.
Staff Source: Frank Gryglewicz, Director of Finance and Administrative Services.
ii. Recommendation from the Utilities Department to approve, by motion, the purchase of
a combination unit jet cleaning/vacuuming machine (Vactor truck). Staff recommends
awarding the bid to the lowest acceptable bidder, Williams Equipment Co., in the
amount of $278,700. Staff Source: Stewart H. Fonda, Director of Utilities.
iii. Recommendation from the Utilities Department to approve, by motion, a construction
contract to repair the roof slabs on the two three million gallon covered water
reservoirs on South Clarkson Street and Sunset Ridge . Staff recommends awarding the
contract to the lowest acceptable bidder, Moltz Construction, Inc., in the amount of
$1 , 188,500. Staff Source: Stewart H. Fonda, Director of Utilities.
12. General Discussion.
a. May or's Choice.
b . Council Members' Choice.
13. City Manager's Report.
14. City Attorney's Report.
15 . Adjournment.
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood
(303-762-2405) at least 48 hours in advance of when services are needed.
PUBLIC COMMENT ROSTER
April 7, 2014
NAME ADDRESS
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PROCLAMATION
WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a
special day be set aside for the planting of trees; and
WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than
a million trees in Nebraska; and
WHEREAS, Arbor Day is now observed throughout the United States and the world; and
WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut
heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide
habitat for wildlife; and
WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our
fires and countless other wood products; and
WHEREAS, trees in the City of Englewood increase property values, enhance the economic
vitality of business areas, and beautify our community; and
WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal; and
WHEREAS, the City of Englewood, Colorado has been recognized for 29 consecutive years
as a Tree City USA by The National Arbor Day Foundation and desires to continue its tree-
planting ways; and
WHEREAS, the State of Colorado will celebrate Arbor Day on April 18th, 2014;
NOW THEREFORE, I, Randy P. Penn, Mayor of the City of Englewood, Colorado, hereby
recognize
ARBOR DAY
in the City of Englewood, Colorado, and I urge all Englewood citizens to support efforts to care
for our trees and woodlands and to support our City's efforts to protect our trees and woodlands.
Further, I urge all Englewood citizens to plant trees to gladden the hearts and promote the
well being of present and future generations.
GIVEN under my hand and seal this 7th day of April, 2014.
Randy P. Penn, Mayor
Ba
COUNCIL COMMUNICATION
Date Agenda Item
April 7, 2014 9 a i
STAFF SOURCE
Subject
S. Platte Water Related Activities
Program -Endangered Species
Act
INITIATED BY
Utilities Department Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved Englewood's participation in the South Platte River Program at their March 5, 2007
meeting.
RECOMMENDED ACTION
The Englewood Water and Sewer Board recommended at their March 11, 2014 meeting, Council approval
of a bill for an ordinance authorizing Englewood's continued participation in the South Platte Water Related
Activities Program for 2014 and the six years thereafter.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
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The South Platte Water Related Activities Program {SPWRAP) is an agreement with the Department of the
Interior to improve the habitat of the following endangered species -the interior least tern, whooping
crane, pallid sturgeon and the threatened piping plover. The South Platte Water Related Activities Program
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{SPWRAP) would improve the habitat, by providing more water in the critical area along the Platte River in
Nebraska. Englewood, along with other water users along the South Platte River, are the principals in the
SPWRAP agreement. This agreement provides compliance with the Endangered Species Act to
participating entities.
The Department of the Interior is funding half of the program, and through the Corps of Engineers, issues
404 Permits for users along the South Platte River. These permits are mandatory for construction , repairs or
projects in or along the South Platte River.
FINANCIAL IMPACT
Englewood's portion of the assessment for the program for 2014 is $10,458.00 with an annual assessment
for an additional 6 years. Future assessment amounts will be computed on treated water use and number
of participants with the SPWRAP Program. There are funds in the water fund budgeted for this program
with an annual assessment for an additional 6 years, with the assessment subject to Colorado State TABOR
restrictions .
LIST OF ATTACHMENTS
Approved minutes from the March 11 , 2014 Water and Sewer Board meeting
Bill for an Ordinance
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Present:
Absent:
Also present:
WATER & SEWER BOARD
MINUTES
MARCH 11, 2014
Oakley, Wiggins, Habenicht, Waggoner, Bums, Penn, Olson, Lay
Gillet, Moore
Stewart Fonda, Director of Utilities
John Bock, Manager of Administration
Tom Brennan, Utilities engineer
The meeting was called to order at 5:00 p.m.
:Eli
1. MINUTES OF THE FEBRUARY 11, 2014.
The Board received the Minutes of the February 11, 2014 Water Board meeting. A correction
was noted.
Motion: To approve the February 11, 2014 Water Board Minutes as amended.
Moved: Lay Seconded: Penn
Motion approved unanimously.
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2. GUEST: DON MARTURANO -SOUTH ENGLEWOOD SANITATION
DISTRICT #1-4500 S. LAFAYETTE ST. -OUTDOOR LIFT STATION.
Don Marturano, Attorney for South Englewood Sanitation District No. 1, appeared before the
Board and requested a continuance until the April, 2014 Water Board meeting on the issue of a
variance for an outdoor private sewer ejector for 4500 S. Lafayette St. and 1424 E. Stanford Ave.
Mr. Fonda noted that the City of Englewood only treats the resulting sewage from these
properties. He also noted that the City of Englewood did not evaluate whether odors or spills
will be a problem. The Englewood Utilities Department will require a letter accepting
responsibility for odors and spills from the lift station from the property owners and South
Englewood Sanitation District #1. The lift station must also be accepted by the Cherry Hills
Village Sanitation District.
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3. GUEST: CO WEEN DICKERSON, 2835 S. PENNSYLVANIA ST. -CHARGING
INTEREST ON LATE FEES.
The Board received correspondence from Coween Dickerson, Utilities staff, City Manager and
Council, along with the Water Board Minutes of January 14, 2014 and billing history relating to
her issue of charging interest on late fees. Ms. Dickerson's current balance is $13 and is under
the $20 threshold for action. John Bock noted that the City Attorney's office noted that the City
is in compliance with state statue and her next appeal process would be with District Court. The
Board discussed sending an additional letter to Ms. Dickerson. Utilities staff noted that Ms.
Dickerson was notified in January, 2014 of the Board's decision. There have been no further
developments that changed the issue.
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4. PURCHASE OF JETN ACUUM VACTOR TRUCK.
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The requested combination jet cleaning/vacuum combination truck is designed to simultaneously
clean and remove blockages at first point of contact rather than having to go through the entire
system to the treatment plant. Seven bids were received with the Williams Equipment Company •
being the recommended bidder at $278,700. This is a normal CERF replacement. Staff noted
that the lowest bid did not meet specifications, so the second bid was accepted.
Motion:
Moved:
To recommend Council approval of the purchase of a combination unit jet
cleaning/vacuuming machine (Vactor Truck). The recommended bid is from
Williams Equipment in the amount of $278,700.
Habenicht Seconded: Waggoner
Motion passed unanimously .
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5. TWO 3 MILLION-GALLON WATER STORAGE TANK ROOF REHAB.
An inspection of the two 3-million-gallon tanks determined that the floor slabs, columns and
walls were in good condition. The tank roof slabs, however, have deteriorated and are in poor
condition, and if left unrepaired, deterioration will become more extensive. Substantial repair
and protection measures are recommended to extend the serviceability of the tanks. These
repairs should extend the service life of the tanks by at least 20 years. Two specialty contractors
are required for the process and must be certified to work on the membrane and roof. •
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Motion:
Moved:
To recommend Council approval of the bid from Moltz Construction, Inc. as the
lowest acceptable bidder at $1,188.500 for repairing the two 3-million-gallon
water storage tank roof slabs.
Burns Seconded: Kells
Motion passed unanimously.
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6. FLOOD CUTS DURING BACKUP RESTORATION.
John Bock, Manager of Utilities Administration, appeared to discuss the current remediation
policy after a City-caused sewer main backup or damage caused by a water main. Currently
Belfore International does flood cuts removing damaged drywall to facilitate drying. Under the
existing policy, the flood cut drywall is not replaced. Staff asked the Board if they wished to
modify the existing remediation policy.
Motion:
Moved:
To modify the existing remediation policy in the case of City-caused water or
sewer damage by providing drywall replacement and taping after flood cuts
are made .
Lay Seconded: Burns
Motion approved unanimously.
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7. 804 E. STANFORD A VE. -REQUESTING ENGLEWOOD PROVIDE WATER
SERVICE.
A request was received from Mr. Lance Cain, the owner of 804 E. Stanford Ave. and the
adjacent 825 W. Tufts Ave. to provide water service to his property, which is in the Denver
Water service area. Englewood provides water service to adjacent properties on the south, east
and north of this address. Denver Water has approved the transfer of water service to
Englewood water for this property.
The owner would be required to pay all costs to extend service to his properties.
Motion:
Moved:
To approve providing water service to 804 E. Stanford Ave. and 825 W.
Tufts Ave. subject to the owners paying all costs .
Burns Seconded: Habenicht
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Motion approved unanimously.
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8. S. PLATTE WATER RELATED ACTIVITIES PROGRAM-ENDANGERED
SPECIES ACT.
The South Platte Water Related Activities Program (SPWRAP) is an agreement with the
Department of the Interior to improve the habitat of endangered species. The SPWRAP program
improves the endangered species habitat by providing more water in the critical area along the
Platte River in Nebraska. This agreement provides compliance with the Endangered Species Act
to participating entities.
Englewood's portion of the assessment for the program for 2014 is $10,458, with an annual
assessment for an additional six years. Future assessment amounts will be computed on treated
water use and number of participants.
Motion: To recommend Council approval of Englewood's continued participation in the S.
Platte Water Related Activities Program and assessment for 2014 and approving
the assessment, based on water consumption, for six years thereafter.
Moved: Habenicht Seconded: Waggoner
Motion approved unanimously.
The meeting adjourned at 5:30 p.m.
The next Water and Sewer Board meeting will be Tuesday, April 8, 2014 at 5:00 p.m. in the
Community Development Conference Room.
Respectufully submitted,
Cathy Burrage
Recording Secretary
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 20
INTRODUCED BY COUNCIL
MEMBER -------
A BILL FOR
AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO TO
PARTICIPATE IN THE SOUTH PLATTE WATER RELATED ACTIVITIES PROGRAM, INC.
(SPWRAP) WITH THE DEPARTMENT OF THE INTERIOR TO IMPROVE THE HABITAT
BY PROVIDING MORE WATER IN THE CRITICAL AREA ALONG THE PLATTE RIVER IN
NEBRASKA AND PROVIDE COMPLIANCE WITH THE ENDANGERED SPECIES ACT.
WHEREAS, in 1997 the governors of the states of Colorado, Nebraska and Wyoming signed an
agreement with the Department of Interior to improve the habitat for endangered species along the
Platte River and tributaries; which agreement promised participation by the users of the Platte
River in each state and the Federal government; and
WHEREAS, one aspect of this agreement is a program called "South Platte Water Related
Activities Program, Inc ." (SPWRAP), a nonprofit which was set up for the purpose of coordinating
efforts to benefit the endangered species along the Platter River; and
WHEREAS, the South Platte Water Related Activities Program (SPWRAP) is an
intergovernmental agreement with the Department of the Interior to improve the habitat of the
following endangered species -the Interior Least Tern, Whooping Crane, Pallid Sturgeon and
the threatened Piping Plover; and
WHEREAS, the South Platte Water related Activities Program (SPWRAP) would improve
the habitat, by providing more water in the critical area along the Platte River in Nebraska; and
WHEREAS, the City of Englewood, Colorado, along with other water users along the South
Platte River, are the principals in the SPWRAP Agreement, which provides compliance with the
Endangered Species Act by participating entities; and
WHEREAS, the Department of the Interior is funding half of the program, and through the
Corps of Engineers, issues 404 Permits for users along the South Platte River; and
WHEREAS, these permits are mandatory for construction, repairs or projects in or along the
South Platte River; and
WHEREAS, the Englewood City Council approved Englewood's participation in the South
Platte Water Related Activities Program by the passage of Resolution No. 39, Series of 2007;
and
WHEREAS , Englewood's portion of the assessment for the SPWRAP Program for 2014 is
$10,458 .00 with an annual assessment for an additional 6 years, with the assessment subject to
the Colorado State TABOR restrictions; and
WHEREAS, future assessment amounts will be computed on treated water use and the
number of participants with the SPWRAP Program; and
WHEREAS, the Englewood Water and Sewer Board recommended the City's participation in
the South Platte Water Related Activities Program for 2014 and the six years thereafter at their
March 11, 2014 meeting.
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
Englewood's participation in the South Platte River Program with the Department of the Interior
to improve the habitat of certain endangered species until the year 2020 , subject to the Colorado
State TABOR restrictions , attached hereto as Exhibit A.
Introduced, read in full , and passed on first reading on the 7th day of April, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 11th day of
April, 2014 .
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Published as a Bill for an Ordinance on the City's official website beginning on the 9th day of •
April, 2014 for thirty (30) days .
Randy P. Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on
first reading on the 7th day of April, 2014.
Loucrishia A. Ellis
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South Platte Water Related Activities Program, Inc.
220 Water Avenue, Berthoud, Colorado, 80513
January 13, 2014
RE: SP\VRAP Municipal Source Water Usage Questionnaire
Dear SPWRAP Municipal Member;
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SPWRAP
As a signatory to the Platte River Recovery & Implementation Program (PRRIP) the State of
Colorado is required to provide source water use data every 5 years detailing the usage of water
in the South Platte River drainage in Colorado. This information is used to velify and update the
assumed processes and data that were initially used during PRRIP negotiations . SPWRAP is
contractually obligated to collect and provide some of this data to the State. We need your
assistance with completing the attached questionnaire to meet these contractual obligations.
In order to collate and report the data to the State by the due date, we respectfully request you
return the questionnaire with a copy of your 2014 Reporting Fom1 & Assessment Invoice,
including payment, which is due by March 3, 2014. If you have questions regarding the
completion of the questionnaire, please contact Jon Altenhofen at NCWCD as indicated at the
top of the questionnaire.
Thank you in advance fl r your assistance .
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South Platte Water Related Activities Program, Inc. (SPWRAP)
2014 Questionnaire on Sources of Water Supply -Required for Colorado 3-States PRRIP reporting .
Have questions? Contact Jon Altenhofen at jaltenhofen@ncwcd.org or call 970-622-2236.
Please return by March 3. 2014 with 2014 Reporting Form & Assessment Invoice and Payment
Reporting Entity: CITY OF ENGLEWOOD
Mailing Address:
1000 Enolewood Pkwv.
Fnnl~wnnri. ('() Anllo
Email Address: sfonda@englewoodgoa.org
Phone Number:
Submitted By: Stewart H. Fonda
Title: Director of Utilities
Please fill in following blanks:
Years are calendar years (January-December)
Population Served with Treated Water
2009-2013 Average
31,000
County: Arapahoe
Date:
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For the Treated Water Use on your 2014 Reporting Form list the following% sources (should add to
100%):
2009-2013 Average
% Transbasin Imports
% Native South Platte Flow Development
(Surface Water and Tributary Groundwater)
% Nontributary Groundwater
%
100 %
%
% In Basin Agricultural Conversion:
(All acquired agriculture water rights)
%
Total lQQ_%
Water Conservation Question: Reduction in water use due to residential conservation will be computed from
total gpcd for residential deliveries (gallons per capita per day) as compared to prior reporting/studies:
5 year Average
2009 -2013
90 gpcd (residential base line)
Wastewater -Reuse/Exchange Question: % reuse of all sources actually reused after wastewater treatment
(Directly after treatment--by pipeline or flow downriver for rediversion and indirectly by exchange/augmentation;
Total of all reuse):
5 year Average
2009-2013
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• South Platte Water Related Activities Program, Inc.
Municipal (Class M) Membership
2014 Reporting Form & Assessment Invoice
A. Instructions:
Please fill in this form including membership information, water use data, and the assessment as calculated .
Send payment for your SPWRAP annual assessment to the address listed at the bottom of this form .
Municipal Member Entity
Mailing Address
email Address
Phone Number
Submitted By
Title
CITY OF ENGLEWOOD
1000 ENGLEWOOD PARKWAY
ENGLEWOOD, CO 80110
sfonda@englewoodgov.org
303-762-2636
Stewart H. Fonda 2-25-14
Date
Director of Utilities
8. Treated Water Use (Previous 5-Year Average, if available)
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Note: A member's water use for purposes of defining the number of single-family equivalent taps
for SPWRAP is defined as "any treated water deliveries from sources of water owned by the
member."
(A) (B) (C) (D) =A+ B -C
Treated Water
Production at Total Treated
Member's Plant(s) 1 Additions 2 Subtractions 3 Water Use
Year (acre feet) (acre feet) (acre feet) (acre feet)
2009 I)_ l)Q~ 5.683
2010 6,263 6,263
2011 5,718 5,718
2012 5.770 5,770
2013 ~.nln 5,616
Average Adjusted Treated Water Use 4 5,810
1The total amount of treated water produced at your entity's water treatment facility
2 Add any treated water that is owned by your entity but treated by another entity.
3 Subtract any water treated at your facility but not owned by your entity.
4 Equals the sum divided by the number of years reported .
2014 SPWRAP Reporting Form Class M 12-26-13 .xlsForm 1212612013
Page 2 of 2
C. Calculation of Single Family Equivalents, Membership Units and Annual Assessment
1
2
3
4
5
6
7
8
9
Previous 5-Year Average (2009-2013) Treated Water Use (AF)
5 Use per S .F . Account (AF/SFE)
Single Family Equivalents (No. 1divided by No. 2)
SPWRAP Member Units per SFE 5
Total SPWRAP Member Units (No . 3 multiplied by No. 4)
2014 SPWRAP Assessment (per member unit)5
Calculated Assessment (No . 5 multiplied by No . 6)
5 Numbers 2, 4 & 6 above are fixed for all members in 2014
Minimum Assessment:7
2014 SPWRAP Assessment (enter larger of line 7 or 8 above)
If you are paying your assessment for all remaining years of the
PRRIP "First Increment" as described in Note 7, check here
5,810
0 .50
11, 620
6.0
69 '720
$ 0.15
I 102458.00 I
$50.00
10,458.00
D. Payment of Assessment (Due by March 3rd in 2014)
*Notes:
Payment of the annual assessment will provide membership in SPWRAP and coverage
under the Platte River Recovery Implementation Program through calendar year 2014.
Please make check payable to "SPWRAP" and send to the following address :6
SPWRAP
% Northern Colorado Water Conservancy District
220 Water Avenue
Berthoud, Colorado, 80513
6 1f your entity requires a separate invoice please mail completed form to the above address .
Please indicate that an invoice is requested.
7 SPWRAP has established a minimum annual assessment of $50 . Also, a member
whose annual assessment is $200 or less has the option of making a one-time assessment
payment that is thirteen times (the length of the Program first increment) their calculated
annual assessment. If a member's calculated annual assessment is $2, thirteen times that
amount would be $26 . However, since the minimum assessment is $50, the member pays
$50 one time and is covered for the first increment of the Program. If a member's
calculated annual assessment is $6, the member can either pay $50 each year, or make a
one-time assessment payment of $78 ($6 x 13). Members should consider the possible
benefits of making a one-time payment.
This reporting form may be revised in the future to reflect information needed to comply with Program requirements.
Entities electing to join after 2007 will be required to pay the assessment for the year they join the program.
In addition the new member must pay assessments for all prior years of the program, plus 4% interest, compounded annually.
2014 SPWRAP Reporting Form Class M 12-26-13.xlsForm 12/26/2013
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The South Platte Water Related
Activities Program ·
Since the late 1970's, conflicts between water use and endangered species
protection have affected federal permitting of existing and planned irrigation,
municipal and industrial water supply projects in the Platte River basin. These are
404 permits issued by the Army Corps of Engineers whenever work is done in the
South Platte River or any of its tributaries.
In 1997, the Governors of the States of Colorado, Nebraska and Wyoming signed an
agreement with the Department of the Interior to improve and/or study the habitat of
four endangered species in the central Platte River in Nebraska (endangered interior
least tern, whooping crane and pallid sturgeon and the threatened piping plover
(target species)). Some Colorado water users have incorporated into the South
Platte Water Related Activities Program, Inc. (SPWRAP), a Colorado nonprofit
corporation, to represent users and partner with the State to ensure compliance with
Program obligations. SPWRAP will serve as the vehicle by which Colorado South
Platte water users participate in the Program, and the exclusive means by which
they will obtain the regulatory benefits of the Program. The Program was finalized in
October, 2006. This program will allow water projects to be initiated with relatively
little effort required for Endangered Species Act (ESA) compliance.
The program is a basin-wide effort undertaken by the 3 States and the Department
of the interior to provide benefits for the endangered interior lesser tern, whooping
crane, and pallid sturgeon and the threatened piping plover (the target species). The
habitat for these species is in Nebraska near Grand Island. Through the program
the states and the federal government will provide land, water and systematic
monitoring and research.
The program is designed to be incremental, with the first increment lasting at least
13 years. During this time the objectives are to:
1. retime and improve flows in the central Platte River by an average of
130,000to150,000 acre-feet per year at Grand Island;
2. protect, restore and maintain 10 ,000 acres of habitat;
3. Implement the integrated monitoring and research plan through the
Adaptive Management Plan .
The monetary cost of the first increment of the program is $187 million (2005). The •
States plan to contribute water and land in addition to the monetary contributions.
The total burden of money, land and water will be shared equally by the 3 States
(50%) and the United States (50%). Basically, Colorado would provide money,
Wyoming would provide water and Nebraska would provide land with the United
States providing matching contributions.
This program is voluntary to water users along the South Platte River. The downside
is that if a federal 404 permit (for any activities in the river or its tributaries) is needed
by a water user, that user will be charged past dues to the program or the permit will
not be issued. The good news is that by participating in the program, the entity is
assured compliance with the Endangered Species Act. Otherwise compliance in the
future may cost much more than the program costs. The Program provides
substantial benefits to water users in the form of regulatory predictability under the
ESA.
The water users' portion is determined by the amount of water used in the past five
years. Englewood's contribution will be approximately $29,000 for this year. Since
the ESA went into effect, it was common knowledge that those diverting water
(especially in the Platte River basin) would be affected in some way. There were •
many options discussed as to how water users would comply and some were very
detrimental to the diversion of water. The Program will allow compliance without
curtailing diversions by Englewood.
• Assessments will change each year depending on the amount of water
produced for the previous 5 years.
• The Program would like assessments for the first year paid by April 1, 2007.
• Assessments may change depending on how many entities join.
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COUNCIL COMMUNICATION
Date April 7, 2014 Agenda Item Subject
9 a ii Farm Lease Agreement
L E WWTP Beneficial Use Farms
INITIATED BY STAFF SOURCE
Littleton /Englewood Wastewater Treatment Plant -
Supervisory Committee
Stewart H . Fonda, Director of Utilities
Jim Tallent, Treatment Division Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council previously approved this and other farm lease agreements .
RECOMMENDED ACTION
The recommended action is to approve, by Ordinance, a 2-year cash-lease agreement for:
1. Clint A. Burnet
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Various farmers perform farm management services on City-owned farm properties near Byers and Bennett, CO.
Previously approved by Council, one leased parcel was managed by James Burnet, who recently passed away.
His son is willing to take over the existing lease for the remainder of the agreement period .
• he Cities of Littleton and Englewood own approximately 6,700 farmable acres to provide a long-term and
environmentally safe solution to recycling stabilized wastewater biosolids in a beneficial use farming program.
Littleton/Englewood WWTP {L/E WWTP) staff, in coordination with local farmers, provides transportation,
application, monitoring and required reporting services for biosolids application on these farms. Farm
management services are contracted, via cash-lease, with local farmers to plant, harvest and manage all farming
activities.
At the December 19, 2013 L/E WWTP Supervisory Committee meeting, action was approved to proceed with a
short-term cash-lease agreement for two years, under existing terms, to Clint A. Burnet. This shorter term will bring
all farm lease agreements to be renewed at the same time and can be acted upon by City Council with one
ordinance action.
A new 2-year lease document, based on existing, previously approved terms, was prepared by Hill and Robbins
and reviewed and approved by both Englewood and Littleton City Attorneys. City of Littleton approved the lease
agreement, by Ordinance, March 4, 2014.
FINANCIAL IMPACT
This particular farm lease covers 477.5 acres and with recommended continued cash-lease pricing of $8.00/acre,
firm revenue of $3,820.00 will be generated each year, regardless of commodity/economy trends.
LIST OF ATTACHMENTS
City of Littleton, CO Bill for an Ordinance authorizing Burnet Farm lease
.Proposed Bill for an Ordinance
DocuSlgn Envelope ID: 87158F2E-FFFMB3A-967B-33C437E29ECE
1 CITY OF LI'ITLETON, COLORADO
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ORDINANCE NO. 7
Serles, 2014
INTRODUCED BY COUNCILMEMBERS: BECKMAN & VALDES
AN ORDINANCE OF THE CITY OF LllTLETON, COLORADO,
AUTHORIZING THE BURNET FARM LEASE FOR THE
FARMS IN THE LITl'LETON/ENGLEWOOD WASTEWATER
TREATMENT PLANT BIOSOLIDS MANAGEMENT PROGRAM
WHEREAS, the Cities of Littleton and Englewood jointly own properties near
Byers and Bennett, Colorado, which are used for the Littleton/Englewood Wastewater Treatment
Plant (UEWWTP) Biosolids Management Program;
WHEREAS, this program uses dryland farm property for long-tenn applications
of domestic wastewater biosolids generated by the IJEWWTP; and
WHEREAS, this lease shall be for a term of one (1) year, commencing on
January 1, 2014, and a one (I) year renewal commencing on January 1, 2015.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LITTLETON, COLORADO, THAT:
Seetion 1: The city council of the City of Littleton hereby authorizes on its
properties a farm lease between Clint A. Burnet and the Cities of Littleton and Englewood
commencing on January l, 2014, for a term of one (1) year, renewable annually for one (I)
additional year.
Section 2: Severability. If any part, section, subsecti°' sentence, clause or
phrase of this ordinance is for any reason held to be invalid, such invalidity shall not affect the
validity of the remaining sections of this ordinance. The City Council hereby declares that it
would have passed this ordinance, including each part, section, subsection, sentenc~ clause or
phrase hereof, irrespective of the fact that one or more parts, sections, subsections, sentences,
clauses or phrases may be declared invalid.
Seetioa 3: Repealer. All ordinances or resolutions, or parts thereof, in
conflict with this ordinance are hereby repealed, provided that this repealer shall not repeal the
repealer clauses of such ordinance nor revive any ordinance thereby.
DocuSlgn Envelope ID: 67158F2E·FFFfM83A-967B-33C437E29ECE
Ordinance No. 7
Series of2014
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1 INTRODUCED AS A BILL at a regularly scheduled meeting of the city cowicil
2 of the City of Littleton on the 18thday ofFebruaty , 2014, passed on first reading by a vote of
3 _]__FOR and .JL AGAINST; and ordered published by posting at Littleton Center, Bemis
4 Library, the Municipal Courthouse and on the City of Littleton Website.
S PUBLIC HEARING on the Ordinance to take place on the Al:h day of
6 March , 2014, in the council chamber, Littleton Center, 2255 West Berry Avenue,
7 Littleton, Colorado, at the hour of 6:30 p.m., or BS soon thereafter BS it may be heard.
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9 PASSED on second and final ~g, following public hearing, by a vote of 7 FOR
10 and _Q_ AGAINST on the ...Qb. day of .... M..,.a ..... rc ..... h ____ • 2014 and ordered published by
11 posting at Littleton Center, Bemis Library, the Municipal Courthouse and on the City of Littleton
12 Website.
13 ATTEST:
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APPROVED AS TO FORM:
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ll\cl:\Bl&mct Furn Lease ord
PRESIDENT OF CITY COUNCIL
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 21
INTRODUCED BY COUNCIL
MEMBER ------
A BILL FOR
AN ORDINANCE AUTHORIZING AF ARM LEASE FOR THE FARM IN THE
LITILETONIENGLEWOOD WASTEWATER TREATMENT PLANT BIOSOLIDS
MANAGEMENT PROGRAM.
WHEREAS, the Cities of Littleton and Englewood jointly own properties near Byers, Colorado
and Bennett, Colorado which are used for the Littleton/Englewood Wastewater Treatment Plant
(LIE WWTP) Biosolids Management Program; and
WHEREAS, this Program uses dryland farm property for long-term applications of domestic
wastewater biosolids generated by the (LIE WWTP); and
WHEREAS, this leased parcel was managed by James Burnet, who recently passed away and
his son is willing to take over the existing lease for the remainder of the agreement period; and
WHEREAS, this lease replaces and supersedes the prior lease agreement commence on January
1, 2014 and is for a term of one (1) year, renewable for one additional year; and
WHEREAS, the LIE WWTP Supervisory Committee approved this lease with Clint A. Burnet
at their December 19, 2013 meeting; and
WHEREAS, the City of Littleton approved the lease to Clint A. Burnet on March 4, 2014.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood hereby authorizes a "Farm Lease"
between Clint A. Burnet and the Cities of Littleton and Englewood commencing on January 1,
2014, for a term of one (1) year, renewable for one (1) year, ending on December 31, 2015;
attached hereto as Exhibit A.
Section 2. The Mayor is hereby authorized to sign the Farm Lease Agreement for and on
behalf of the City of Englewood.
Introduced, read in full, and passed on first reading on the 7th day of April, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 11th day of
April, 2014 .
Published as a Bill for an Ordinance on the City's official website beginning on the 9th day of
April, 2014 for thirty (30) days .
Randy P. Penn, Mayor
AITEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on
first reading on the 7th day of April, 2014.
Loucrishia A. Ellis
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uocu::;1gn t:nve1ope 10: ijJ158F2E-FFFB-4B3A-967B-33C437E29ECE
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FARM LEASE
THIS L~ASE is dated as of March 4 , 2014, and is made and entered into by
and between t:he Cities of Littleton and Englewood, collectively referred to hereinafter as
"Lessor", arid Clint A. Biirnet, ref erred to hereinafter a8 "Lessees". On this date, Lesse>r has
leased to the Lessees the following described premises situated in the County of .Arap~oe, State
of Colorado, to wit: ·
That tract ofland described as the S/2 of Section 23, except the W 40 feet deeded in Book 636 at
Page 9, and the SW/4 of Section 24, all inTownship 5 South; Range 63 West of the 6ttiP.M.,
containing 477.5 acres, more or less, ·
together with Ciu buildingsand im~rov~ments onthe p~emises (hereinafter referred .. to as the
"Leased Property") in accordanc~ with the following terms:
1. This lease replaces and supersedes in its entirety, any prior lease agreement
between the parties. This lease shall be for the. term of one (1) year, renewable annually for
one ( 1) additional year commencing on J anuacy 1, 2014, at the rent of $8.00 (Eight dollars)
per acre per year on farmable acres on the Lea8ed Property (477.Sacres) for a total annual
lease payment of $3,820.00. . . ·
2. The lease payment is to be made payable to the order of:
Littleton/Englewood WWTP
and delivered .to: .
Littleton/Englewood WWTP
c/o Treatment Division Manager
2900 South Platte River Drive
Englewood, CO 80110
by December 31 (following the harvest) of eflch year that this lease is in effect.
3. Lessees shall thoroughly plow, cultivate and farm in accordance with good farming
practices, all lands comprising the Leased Property that are not in grass, fallowed by mutual
agreement of the parties, or otherwise unfannabl_e. · ·
4. Lessees shall use the Leased Property as a dryland farm and for no other purpose
whatsoever, and especially will not let or permit the Leased Property to be used for arty other
business or purpose whatsoever.
5. Lessees shall be responsiole for all costs and expenses associated with use of the
Leased Property as a dryland farm, except that Lessor, at its own cost and expense, shall be
responsible for furnishing, transporting, and applying all fertilizer, in the form of biosolids, to the
Leased Property.
• Littleton/Englewood WWTP Farm Lease-Clint Burnet Fann 2014 Pagel of 4
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6. All fertilizer to be used on the Leased Property shall be transported, furnished, and
applied by Lessor at such times and at agronomic rates as detennined by Lessor. Lessees shall
not apply any fertilizer on the Leased Property without the prior written consent of Lessor.
Lessor may use a portion of the Leased Property for staging areas for biosolids application.
Staging area size and location will be as determined by Lessor.
7. Lessees shall not assign this lease, sublet, or relinquish the Leased Property, under
the penalty of a forfeiture of all the rights of the Lessees under or by virtue of this lease, at the
election of the Lessor.
8. Lessees shall protect the Leased Property, including buildings, gates, fences,
shrubbery, and improvements thereon from all damages and shall keep the same in the same
condition as they are now in, or may be at any time placed in by the Lessor, subject to normal
wear and tear. Lessees shall do no act whereby any insurance on buildings may be
invalidated and shall not remove, or allow any other person to remove, from the Leased
Property any of the buildings, gates, fences, shrubbery, and improvements of any kind.
9~ Lessees shall not run furrows so as to cause ditches to wash the Leased Property,
unless first having a written consent of the Lessor. Lessees shall clean out and maintain in
good repair, during the operation of this Lease, all ditches belonging or appertaining to the
Leased Property.
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10. Lessees shall well and seasonably put in and tend to the crops grown on the
Leased Property, shall have all small grain harvested and threshed by October 1 of each year;
and if not harvested and threshed as stated, the Lessor may proceed to do so after ten (10)
days notice to the Lessee, and take enough of the Lessee's grain to pay expense of such · •
harvesting or threshing.
11. Lessees shall accept the fences upon said Leased Property as they are now
existing.
12. Lessees shall, at the expiration of this Lease, or upon a breach by the Lessees of
any of the covenants herein contained, without further notice of any kind, quit and surrender
the possession and occupancy of Leased Property in as good condition as careful use and
natural wear and tear thereof will pennit.
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13. All goods and chattels, or any other property used or kept on the Leased Property,
shall be held for the rent or damages under this Lease, whether exempt from execution or not,
meaning or intending hereby to give the Lessor a valid and first lien upon any and all goods
and chattels, crops and other property belonging to the Lessees.
14. Lessees shall cultivate around any structures or facilities constructed by Lessor and
where applicable, and shall not impair or hinder, but shall cooperate with Lessor in the use of
domestic wastewater biosolids application on the Leased Property.
1 S. The Lessor reserves the right to cancel the lease during its term for any of the
following reasons: a) ifthe Lessees should take any action or fail to take any action that
threatens the Lessor's interest in the Leased Property, including the violation of any
Littleton/Englewood WWTP Farm Lease -Clint Burnet Farm 2014 P'age 2of4 •
DocuS[gn Envelope ID: 67158F2E-FFFB-4B3A-967B-33C437E29ECE
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environmental laws, rules, regulations or standards; b) if the Lessees should fail to abide by the
Lessor's instructions concerning residual. nitrogen levels in the soil and agronomic rates of
application ofbiosolids; c) if the Lessees are fanning in a manner which limits the Le8sor's
ability to apply biosolids to the Leased Property; d) if the Lessees are not fanning in a manner
that constitutes good farming practices; e) if the Lessor determines that it will no longer utilize
the Leased Property for the production of crops.
16. Lessor also reserves the right for itself, its agents and its designees, including other
government officials, to enter and to have access, at all reasonable times during the tenn of this
lease, to the Leased Property for the purpose of sampling, application, monitoring, testing,
screening, mapping, plotting or doing any other procedure, task or function deemed necessary by
Lessor in conjunction with its biosolids production and application operation and for any other
purpose including, but not limited to, inspecting the Leased Property and to make such repairs,
additions, or improvements as Lessor may deem necessary.
17. It is understood and agreed that the Lessor reserves the right to cancel this lease at
its sole discretion. Should Lessor elect to exercise its right of cancellation, it must do so in
writing, on or before October 1 prior to the anniversary date hereof: in which event this lease
shall be terminated effective on the anniversary date and neither party shall be entitled to further
payments or damages as the result of said termination except for any payments due and owing at
the time of cancellation.
18. All payments from the Lessee shall become due and payable upon forfeiture of said
Lease, or upon abandoning said Leased Property, and if it becomes necessary for the Lessor to
bring action at law to recover possession, damage or rent, the Lessees agree to pay a reasonable
attorney's fee therefore, and all costs attending the same .
19. Lessees shall indemnify, defend and hold harmless Lessor and its successors,
assigns and representatives from and against any and all damages, claims, losses, costs,
liabilities, and expenses of any kind whatsoever (including but not limited to reasonable
attorney fees) which may be asserted against or suffered by Lessor or the Leased Property or
any part thereof, as a result of, on account of or arising from (i) any breach of any covenant,
representation; promise, warranty or agreement made by Lessee, or (ii) lltjuries or damages to
person or property resulting or alleged to result from any fault or negligence of Lessee or his
agents or employees, or from the possession, use, occupancy, or maintenance of the Leased
Property by Lessees, their agents, employees, or affiliates.
20. This Lease shall not be sublet or assigned. Any purported sublease or assignment
shall be void~ and shall result in immediate termination of this lease.
21. Lessor reserves the right to sell, contract to sell, or grant easements or rights-of-way
over, through, under, or on, the Leased Property at any time during the term of this lease, subject
to the rights and interests of the Lessees hereunder.
22. All notices, demands, or other documents required or desired to be given, made
or sent to either Party under this Agreement shall be made in writing, shall be deemed
• Littleton/Englewood WWTP Farm Lease -Clint Burnet Farm 2014 Page3of4
I DocuSlgn Envelope ID: 67158F2E-FFFB-4B3A-967B-33C437E29ECE
effective upon receipt and shall be personally delivered or mailed postage prepaid, certified
mail, return receipt requested, as follows: •
TO LESSOR:
Littleton/Englewood WWTP
c/o Treatment Division Manager
2900 South Platte River Drive
Englewood, CO 80110
TO LESSEES:
Clint A. Burnet
50555 East County Road 30
Bennett, CO 80102
The addresses for notices may be changed by written notice given to the other Party in the
manner provided above.
This lease shall be in effect as of the date first above written.
LESSOR:
CITY ENGLEWOOD
By: Randy P. Penn, Mayor
CITY OF LITILETON
t;:ue,, .... ·k_ ~--~
.eMill@mmnec, Mayor
LESSEES:
By: Clint A Btnnet
Littleton/Englewood WWTP Fann Lease -Clint Burnet Farm 2014 Page4of4 •
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 15
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
ENTITLED "MEMORANDUM OF UNDERSTANDING" BETWEEN THE UNITED STATES
SECRET SERVICE AND THE CITY OF ENGLEWOOD, COLORADO PERTAINING TO
COLORADO ELECTRONIC CRIMES TASK FORCE.
WHEREAS, the U.S . Secret Service was mandated to establish a nationwide network of
Electronic Crimes Task Forces (ECTFs); and
WHEREAS, the Electronic Crimes Task Force (ECTF) network is to bring together not only
federal, state and local law enforcement, but also prosecutors, private industry and academia for
the purpose of prevention, detection, mitigation and aggressive investigation of attacks on the
nation's financial and critical infrastructures; and
WHEREAS, the U.S. Secret Service 's ECTF and Electronic Crimes Working Group
initiatives prioritize investigative cases that involve electronic crimes; and
WHEREAS, these initiatives provide necessary support and resources to field investigations
which meet the following criteria: significant economic or community impact; participation of
organized criminal groups involving multiple districts or transnational organizations; and the use
of schemes involving new technology; and
WHEREAS, the MOU is established pursuant to provisions of the Treasury Forfeiture Fund
Act of 1992, 31USC9703, as amended; which established the Department of the Treasury
Forfeiture Fund and authorized the payment of certain overtime expenditures, travel, fuel,
training, equipment and other similar costs of State and Local Law enforcement officers, that are
involved in joint operations, with a Department of the Treasury law enforcement organization, as
prescribed in 31 USC 9703 (a) (I) (hereinafter "overtime costs and other expenses"); and
WHEREAS, the Englewood Police Department will assign Englewood officer(s) to the Task
Force to assist the U.S . Secret Service's Colorado Electronic Crimes Task Force in conducting
official investigations, and Englewood will remain responsible for establishing the salary and
benefits, including overtime of the officer(s) assigned to the Task Force and making all payments
due to the assigned officer(s); and
WHEREAS, Englewood will submit all reimbursement hours of overtime costs and all other
expenses of the assigned Englewood officer(s) to the U.S. Secret Service Task Force for
reimbursement; and
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WHEREAS, federal funds are being used for this project.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the
Memorandum of Understanding Between the United States Secret Service and the City of
Englewood, Colorado pertaining to Englewood's participation in the Colorado Electronic Crimes
Task Force (ECTF) and reimbursement to the City by the ECTF, attached hereto as "Exhibit A".
Section 2. The Mayor is hereby authorized to sign said Agreement for and on behalf of the City
of Englewood, Colorado.
Introduced, read in full, and passed on first reading on the 17th day of March, 2014 .
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 21st day of
March, 2014 .
Published as a Bill for an Ordinance on the City's official website beginning on the 19th day of
March, 2014 for thirty (30) days.
Read by title and passed on final reading on the 7th day of April, 2014.
Published by title in the City's official newspaper as Ordinance No._, Series of 2014, on
the 11th day of April, 2014 .
Published by title on the City's official website beginning on the 9th day of
April, 2014 for thirty (30) days.
Randy P. Penn, 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 2014.
Loucrishia A. Ellis
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• MEMORANDUMOFUNDERSTANDmG
BETWEEN THE Englewood Police Department
AND
THE UNITED STATES SECRET SERVICE
The Englewood Police Department and the United States Secret Service (USSS) enter
into this memorandum of understanding (MOU), which becomes effective with the
signatures of both parties and remains in effect until terminated by the mutual agreement
of the Englewood Police Department and the USSS or upon 30 day written notice by
either party to this agreement.
I. AUTHORITY
This MOU is established pursuant to provisions of the Treasury Forfeiture Fund Act of
1992, 31 USC 9703, as amended. This act established the Department of the Treasury
Forfeiture Fund and authorized the payment of certain overtime expenditures, travel, fuel,
training, equipment and other similar costs of State and Local law enforcement officers,
that are involved in joint operations, with a Department of the Treasury law enforcement
organization, as prescribed in 31USC9703 (a)(l)(l)(hereinafter "overtime costs and
other expenses").
II. PURPOSE
• This MOU establishes the procedures and responsibilities of both the Englewood Police
Department and the USSS for the reimbursement of certain overtime costs and other
expenses pursuant to 31 USC 9703.
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ill. CONDITIONS AND PROCEDURES
The parties agree to the following conditions:
(a) The Englewood Police Department may request reimbursement of payment of
overtime costs and other expenses directly related to work performed by its
offi.cer(s) assigned to assist the U.S. Secret Service's Colorado Electronic Crimes
Task Force in conducting official investigations. The Englewood Police
Department will submit all requests for reimbursement payments, together with
appropriate documentation, to the U.S. Secret Service's Colorado Electronic
Crimes Task Force Supervisor. Request for reimbursement will be based solely
upon overtime worked and other expenses performed on behalf of the U.S. Secret
Service's Colorado Electronic Crimes Task Force.
(b) All reimbursement hours of overtime costs and all other expenses covered under
this MOU must be approved and certified by the U.S. Secret Service Task Force
supervisor. The reimbursable overtime payments will be based upon the actual
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hourly overtime rate, exclusive of matching employer contributions for any taxes
or benefits.
(c) The U.S . Secret Service Task Force supervisor will forward all approved
reimbursement requests through the Special Agent in Charge (SAIC) Criminal
Investigative Division, Office of Investigations, to the Treasury Forfeiture Fund's
payment agent, the U.S. Customs National Finance Center (NFC).
(d) During the period of assignment to the Colorado Electronic Crimes Task Force,
the Englewood Police Department will remain responsible for establishing the
salary and benefits, including overtime of the officer(s) assigned to the Task
Force and making all payments due them. Reimbursement under this MOU is
contingent upon the availability of mandatory funds allocated to the U .S. Secret
Service through the Department of the Treasury Forfeiture fund .
( e) The Englewood Police Department shall permit and have readily available for
examination and auditing by the U.S. Secret Service, the Department of Treasury,
the Comptroller of the United States, and any of their duly authorized agents and
representatives, any and all records, documents, accounts, invoices, receipts or
expenditures relating to this agreement. They shall maintain all such records and
reports until all audits and examinations are completed and resolved, or for a
period of three (3) years, which ever is sooner.
(f) Payments may be made to the extent they are included in the U.S. Secret Service
Fiscal Year Plan and the monies are available within the Department of Treasury
Forfeiture Fund to satisfy the request(s) for reimbursable expenses. It should also
be understood that the total amount(s) made available to the U.S. Secret Service
through the Department of the Treasury Forfeiture Fund, for reimbursement to the
Englewood Police Department, could change at any time.
(g) Pursuant to the Treasury Executive Office for Asset Forfeiture (TEOAF) directive
number 18, the maximum reimbursement entitlement for overtime costs to any
one law enforcement official cannot exceed fifteen-thousand ($15,000.00) dollars
during the fiscal year.
(h) This document does not obligate funds . Funding authority will be provided
through other documents.
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(i) The Englewood Police Department shall provide the U.S. Secret Service within
10 days of the signing of this MOU, with their agency's mailing address, contact
name, telephone number and tax identification number. Further, this agency must
provide the name, account number and ABA routing number of the financial
institution where the (Name of Law Enforcement Agency) wants the Electronic
Funds transfer (EFT) payment deposited for the reimbursement of overtime salary
costs. Failure to provide this information within the prescribed period of time will
nullify this MOU agreement.
IV. REVISIONS
The terms of this MOU may be amended upon the written approval of both the (Name of
Law Enforcement Agency) and the U.S. Secret Service. Such amendment is effective
upon the date of approval.
U.S . Secret Service
Denver Field Office
SAIC Bruce Ward
SAIC Edward Lowery
U.S. Secret Service, Office of Investigations
Criminal Investigative Division
Englewood Police Department
Mayor Randy Penn ·
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ORDINANCE NO .
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO . 16
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT
AND HOMELAND SECURITY INVESTIGATIONS AND THE CITY OF ENGLEWOOD,
COLORADO PERTAINING TO IMMIGRATION AND CUSTOMS ENFORCEMENT.
WHEREAS, the agreement is established pursuant to the provisions of 31 U.S.C. 9703, the
Treasury Forfeiture Fund Act of 1992, which provides for the reimbursement of certain expenses
incurred by local, county, and state law enforcement agencies as participants of joint
operations/task forces with a federal agency participating in the Treasury Forfeiture Fund; and
WHEREAS, the agreement with Homeland Security Investigations (HSI) and Immigration
and Customs Enforcement (ICE) establishes the City of Englewood Police Department
participation as needed on joint operations and investigations that have a nexus to the City of
Englewood; and
WHEREAS, the Englewood Police Department will assign Englewood officer(s) to the
Homeland Security Investigations or joint operations and
WHEREAS, Englewood will remain responsible, as the employer of the officers assigned to
the investigation, for payment of overtime salaries and related benefits (tax withholdings,
insurance coverage, etc .) and all other requirements under the law, regulation, ordinance, or
contract, regardless of the reimbursable overtime charges incurred; and
WHEREAS, the Treasury Forfeiture Fund will reimburse overtime salaries only; and
WHEREAS, Englewood will submit a Englewood Request for Reimbursement of Joint
Operations Expenses for reimbursement for all reimbursement hours of overtime costs and all
other expenses of the assigned Englewood officer(s) to the Treasury Forfeiture Fund for
reimbursement; and
WHEREAS , federal funds are being used for this project.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the
Agreement between the U.S. Immigration and Customs Enforcement and the City of Englewood,
Colorado pertaining to Englewood's participation in the Homeland Security Investigations (HSI),
Immigration and Customs Enforcement (ICE), joint operations/task forces, attached hereto as
"Exhibit A " .
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Section 2. The Mayor is hereby authorized to sign said Agreement for and on behalf of the City •
of Englewood, Colorado .
Introduced, read in full, and passed on first reading on the 17th day of March, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 21st day of
March, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 19th day of
March, 2014 for thirty (30) days.
Read by title and passed on final reading on the 7th day of April, 2014.
Published by title in the City's official newspaper as Ordinance No._, Series of 2014, on
the 11th day of April, 2014.
Published by title on the City's official website beginning on the 9th day of
April, 2014 for thirty (30) days .
Randy P. Penn, 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 of2014.
Loucrishia A. Ellis
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MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN
IMMIGRATION AND CUSTOMS ENFORCEMENT
AND
LOCAL, COUNTY, OR STATE LAW ENFORCEMENT AGENCY
FOR THE REIMBURSEMENT OF JOINT OPERATIONS EXPENSES FROM
THE TREASURY FORFEITURE FUND
This Memorandum of Understanding (hereafter, "agreement") is entered into by the Englewood
Police Department (NCIC CODE CODPDOOOO) and Homeland Security Investigations (HSI),
Immigration and Customs Enforcement (ICE), for the purpose of reimbursing costs incurred by the
Englewood Police Department in providing resources to joint operations/task forces.
Payments may be made to the extent that they are included in the ICE Fiscal Year Plan and the
funding is available in the Treasury Forfeiture Fund to satisfy request(s) for the reimbursement of
overtime and other law enforcement expenses related to joint operations.
I. LIFE OF Tms AGREEMENT
II .
This agreement becomes effective on the date it is signed by both parties and will remain in
force unless explicitly terminated, in writing, by either party.
AUTHORITY
This agreement is established pursuant to the provisions of 31 U.S.C. 9703, the Treasury
Forfeiture Fund Act of 1992, which provides for the reimbursement of certain expenses
incurred by local, county, and state law enforcement agencies as participants of joint
operations/task forces with a federal agency participating in the Treasury Forfeiture Fund.
ill. PURPOSE OF TIDS AGREEMENT
This agreement establishes the responsibilities of both parties and the procedures for the
reimbursement of certain overtime expenses and other law enforcement expenses pursuant to
31 u.s.c. 9703.
IV. APPLICABILITY OF TIDS AGREEMENT
This agreement is valid for all joint investigations led by HSI with the participation of the
Englewood Police Department and until terminated, in writing, by either party.
V. TERMS, CONDITIONS, AND PROCEDURES
A. Assignment of Officers
To the maximum extent possible, the Englewood Police Department shall assign
dedicated officers to HSI investigations or joint operations. The Englewood Police
Department shall provide HSI with the names, titles, last four digits of SSNs, badge or
ID numbers, and hourly overtime wages of the officers assigned to the joint operation.
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B. Submission of Requests for Reimbursement and Supporting Documentation
1. The Englewood Police Department may request the reimbursement of overtime
salary expenses directly related to work on a joint operation with HSI performed by
officers assigned to this joint operation. Other investigative expenses (i.e., travel,
fuel, training, equipment and other similar costs) incurred by members of the
designated joint operation may also be reimbursable.
Requests for reimbursement of overtime expenses should be submitted to the Special
Agent in Charge, 5445 DTC Parkway, Suite 600, Greenwood Village, Colorado
80111, within thirty (30) days after the overtime costs have been incurred.
The Englewood Police Department may not request reimbursement of the same
expenses from any other Federal law enforcement agency that may also be
participating in the investigation.
2. Reimbursement payments will not be made by check. The Englewood Police
Department must ensure that the U.S. Customs and Border Protection, National
Finance Center (CBP/NFC) has a current ACH form on file for the receipt of
reimbursable expenses by electronic funds transfer. The completed, signed ACH
form must be sent to:
U.S. Customs and Border Protection
National Finance Center
Attn: Eliot VanVelzen -Forfeiture Fund Team
6650 Telecom Drive, Suite 100
Indianapolis, IN 46278
If any of the requesting agency's bank account information changes, a new ACH form
must be completed and provided to the NFC as soon as possible.
3. In order to receive reimbursement of officers' overtime and other expenses related to
joint operations, the Englewood Police Department must submit the "Local, County,
and State Law Enforcement Agency Request for Reimbursement of Joint Operations
Expenses" (invoice), signed by an authorized representative of the agency, and
accompanied by a request for reimbursement on agency letterhead, along with
supporting documents (i.e., copies of time sheets or receipts).
4 . The Englewood Police Department remains fully responsible, as the employer of the
officers assigned to the investigation, for payment of overtime salaries and related
benefits (tax withholdings, insurance coverage, etc.) and all other requirements under
the law, regulation, ordinance, or contract, regardless of the reimbursable overtime
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charges incurred. The Treasury Forfeiture Fund will reimburse overtime salaries only; •
benefits are not reimbursable.
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5. The maximum reimbursable entitlement for overtime worked on behalf of
joint investigations is set at $15,000 per officer per year.
6. Requests for reimbursement of joint operations overtime and/or other expenses must
be submitted to the Special Agent in Charge, Denver, Colorado, for certification and
submission for payment.
VI. PROGRAM AUDIT
This agreement and its provisions are subject to audit by ICE, the Department of the
Treasury/Office of Inspector General, the General Accounting Office, and other
government designated auditors. The Englewood Police Department agrees to permit such
audits and agrees to maintain all records relating to these transactions for a period not less
than 3 years and, in the event of an ongoing audit, until the audit is complete.
These audits may include reviews of any and all records, documents, reports, accounts,
invoices, and receipts of expenditures related to this agreement, as well as interviews of
any and all personnel involved in these transactions.
• VII. REVISIONS
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The terms of this agreement may only be amended upon the written approval of both
parties. The revision becomes effective on the date of approval.
VIII. NO PRIVATE RIGHT CREATED
This is an internal government agreement between ICE and Englewood Police Department
and is not intended to confer any right or benefit to any private person or party.
Kumar C . Kibble, Special Agent in Charge
U .S. Immigration & Customs Enforcement
5445 DTC Parkway, Suite 600
Denver, Colorado 80204
Randy Penn, Mayor
City of Englewood
1000 Englewood Parkway
Englewood, CO 80110
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ORDINANCE NO .
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 17
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
REGARDING THE APPLICATION FOR AND ACCEPTANCE OF AN URBAN AREAS
SECURITY INITIATIVE (UASI)/NORTH CENTRAL ALL-HAZARDS EMERGENCY
MANAGEMENT REGION (NCR) PROGRAM GRANT.
WHEREAS, the North Central All-Hazards Emergency Management Region (NCR) is one of
nine emergency preparedness and response Regions within the State of Colorado; and
WHEREAS, formation of the regions has led to a more efficient use of available limited
funding and resources; and
WHEREAS, the NCR is responsible for managing the State Homeland Security Grant Program
and has a strong partnership the Denver Area Urban Security Initiative (UASI); and
WHEREAS, although the NCR and UASI have different governing structures, many of the
committees are joint and work in an integrated, collaborative method; and
WHEREAS, the Urban Areas Security Initiative (UASI)/ North Central All-Hazards Emergency
Management Region (NCR) Program is intended to provide financial assistance to address the
unique multi-discipline planning, organization, equipment, training, and exercise needs ofhigh-
threat, high-density Urban Areas, and to assist these areas in building and sustaining capabilities to
prevent, protect against, mitigate, respond to, and recover from threats or acts of terrorism using
the Whole Community approach; and
WHEREAS, activities implemented with UASl/NCR funds must support terrorism preparedness
by building or enhancing capabilities that relate to the prevention of, protection from, mitigation of,
response to or recovery from terrorism in order to be considered eligible; and
WHEREAS, many capabilities which support terrorism preparedness simultaneously support
preparedness for other hazards; and
WHEREAS, the Urban Areas Security Initiative (UASI)/North Central All-Hazards Emergency
Management Region (NCR) will be applying for a grant, and the Englewood Police Department
will submit two separate proposals to UASl/NCR to receive grant funding:
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• Englewood Police Department will submit a proposal to UASI/NCR to receive grant •
funding to be used for the purchase of new equipment for the Englewood SW AT Team.
$52,576 -to equip the Englewood SWAT officers to ensure they are prepared to protect the
citizens of Englewood and provide additional support to neighboring jurisdictions during a
response to a critical incident.
• Englewood Police Department will submit a proposal to UASI/NCR to receive grant
funding in the amount of $7 ,440.86, for the purchase of new equipment to upgrade the
Englewood Police/Fire Command Van and one Police Command Vehicle to ensure the
City has the capability to respond to critical incidents .
WHEREAS, the Urban Areas Security Initiative (UASn/North Central All-Hazards Emergency
Management Region (NCR) Grant will be using federal funds for these grants .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the City to
apply for and accept the Urban Areas Security Initiative (UAsn; North Central All-Hazards
Emergency Management Region (NCR) Grant Funding for the proposals attached hereto as Exhibits
AandB.
Section 2. The Mayor is authorized to execute accept of the UASI/NCR grants for and on
behalf of the City of Englewood.
Introduced, read in full, and passed on first reading on the 17th day of March, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 21st day of
March, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 19th day of
March, 2014 for thirty (30) days.
Read by title and passed on final reading on the 7th day of April, 2014.
Published by title in the City's official newspaper as Ordinance No._, Series of 2014, on
the 11th day of April, 2014 .
Published by title on the City's official website beginning on the 9th day of
April, 2014 for thirty (30) days.
Randy P. Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
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I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
title as Ordinance No._, Series of 2014 .
Loucrishia A. Ellis
• Grant Project Application
Agency: Englewood Police Department ·-------... -----·· ----------·--
Project Title: SWAT Equipment
The purpose of this project is to equip Englewood SWAT officers to ensure they are prepared to protect the
citizens of Englewood and provide additional capability to neighboring jurisdictions during response to a
critical incident.
The following information addresses the specific requirements identified in the interim grant guidance:
• This project supports TIDRA Planning Scenario 2: Active Shooter
• This project supports the following Core Capabilities:
o Communications
o Operation Coordination
o Incident Operations
• This project supports NCR Goal 1: Operational Communications
Public Safety agencies which comprise the responder community of the UASl/NCR will have the
ability to talk within and across agencies and jurisdictions via radio and associated
communications systems, exchange voice, data and/or video with one another on demand, in real
time, when needed, when authorized.
o Measure I: Agencies have operable communications systems that are in place to meet
their everyday internal agency requirements.
• This project supports NCR Goal 8: Incident Operations
Provide adequate capabilities and resources to effectively manage, equip, prepare and train for
critical multi-jurisdictional incidents, ensuring responder safety and health as well as fostering
inter-jurisdictional and interdisciplinary coordination and collaboration between each of the
different first responder disciplines.
• This project supports the following Major Event Improvement Plans:
o Operation Mountain Guardian
o Englewood Active Shooter Exercise
o Various "real-world" incident responses
• Regional Risk Level: The City of Englewood lies within the North Central Region (NCR) and
borders the City of Denver. Regional risk data indicates the NCR has an overall risk rating of"high";
the only region in the state to hold that level. Department of Local Affairs (DOLA) population data
shows that approximately 56% of Colorado's population is housed within the boundaries of the NCR.
In addition, the 2009 state capabilities assessment shows that 4 7% of total first responders in Colorado
reside in the NCR. With more than half the civilian population, and less than half of the first
responder population housed inside of the NCR, the need for funding to establish and maintain
activities that allow for im roved res onder ca abili eatl miti ates the risk to the re ·on.
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Budget •
Tactical Ballistic Vests with pouches 17 $20,480
Ballistic Helmets with Rails 17 $10,404
Radio :MH180 Headsets -Dlial Vibrators 11 $7150
Pole Camera Search System 1 $7900
Weapon Mounted Lighting Systems 17 $4400
Chemlights, Red, Blue, Green 100 $530
Tactical Belts 17 $1712
Grand Total $ 52,576
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Grant Project Application • Agency: Englewood Police Department --
Project Title: Command Vehicles Upgrade
The purpose of this project is to upgrade the Englewood Police and Fire Response Command Van and Police
Commander's Response vehicle to ensure we have the capability to respond to critical incidents.
The following information addresses the specific requirements identified in the interim grant guidance:
• This project supports the following TIDRA Planning Scenarios:
o Planning Scenario 1 : Hazmat Chemical Release
o Planning Scenario 2: Active Shooter
o Planning Scenario 3: Flood
• This project supports the following Core Capabilities:
o Communications
o Operation Coordination
o Incident Operations
o Access control
o On-scene security and protection
o Information Sharing and Intelligence; Interdiction & Disruption
• This project supports the following NCR Goals:
o Goal 1: Operational Communications
Public Safety agencies which comprise the responder community of the UASl/NCR will have the
ability to talk within and across agencies and jurisdictions via radio and associated
communications systems, exchange voice, data and/or video with one another on demand, in real
time, when needed, when authorized.
o Measure I: Agencies have operable communications systems that are in place to meet
their everyday internal agency requirements.
Facilitate the synthesis of information by encouraging agencies and responders to gather
information and share that information vertically with the State & Federal agencies, as well as,
horizontally with agencies and disciplines in order to facilitate better information sharing
capabilities from an all hazards and all crimes perspective. A concerted effort will be placed on
outreach in order to enhance relevancy to local jurisdictions.
o Goal 8: Incident Operations
Provide adequate capabilities and resources to effectively manage, equip, prepare and train for
critical multi-jurisdictional incidents, ensuring responder safety and health as well as fostering
inter-jurisdictional and interdisciplinary coordination and collaboration between each of the
different first responder disciplines.
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• This project supports the following Major Event Improvement Plans:
o Operation Mountain Guardian
o Englewood Active Shooter Exercise
o Various "real-world" incident responses
• Regional Risk Level: The City of Englewood lies within the North Central Region (NCR) and
borders the City of Denver. Regional risk data indicates the NCR has an overall risk rating of"high";
the only region in the state to hold that level. The Department of Local Affairs (DOLA) population
data shows that approximately 56% of Colorado's population is housed within the boundaries of the
NCR. In addition, the 2009 state capabilities assessment shows that 47% of total first responders in
Colorado reside in the NCR. With more than halfthe civilian population, and less than half of the
first responder population housed inside of the NCR, the need for funding to establish and maintain
activities that allow for improved responder capability greatly mitigates the risk to the region.
Budget
Desktop pc 1 757.00 757.00
PC lock 1 99.00 99.00
Computer Monitors 2 156.99 313.98
Monitor wall mounts 2 32.99 65.98
Tellular device 1 375.00 375.00
External modem 1 150.00 150.00
Modem antennas 2 189.95 379.90
Printer 1 300.00 300.00
Command Unit Extension Bed for Suburban 1 5000.00 5000.00
Grand Total $7440.86
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 18
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF COLORADO INTERNET CRIMES
AGAINST CHILDREN TASK FORCE GRANT AW ARD BETWEEN THE CITY OF
COLORADO SPRINGS AND MEMBER PARTIES INCLUDING THE CITY OF
ENGLEWOOD, COLORADO.
WHEREAS, the Englewood City Council previously authorized Englewood's participation in
the Internet Crimes Against Children Regional Task Force by the passage of Ordinance No. 58,
Series of 2008; and
WHEREAS, The Colorado Internet Crimes Against Children (COICAC) Task Force has been
established to assist state and local law enforcement agencies in developing an effective response
to cyber enticement and child pornography investigations; and
WHEREAS, this support encompasses investigative, prosecutorial and forensic components,
training and technical assistance, victim services, prevention and community education; and
WHEREAS, the COICAC Task Force is partially funded by a grant from the Department of
Justice/Office of Juvenile Justice and Delinquency Prevention and grant funds may be provided
for training, equipment and investigations; and
WHEREAS, the Colorado Springs Police Department is the grant holder and lead task force
agency; and
WHEREAS, Colorado Springs Police Department has received a grant award under the
Internet Crimes Against Children grant; and
WHEREAS, the Englewood Police Department, which is in the process of joining the
COICAC Task Force, has been approved to receive a sub-award in the amount of $6,200,
which will be used to purchase a laptop computer and "Cellbrite" software which is used for
forensic inspections of cell phones; and
WHEREAS, by the passage of this ordinance the Englewood City Council authorizes the City
of Englewood Police Department to accept Grant funding which has been awarded to the
Englewood; and
WHEREAS, federal funding is used for this Grant which is awarded by the Department of
Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention .
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , THAT:
Section 1. The Colorado Springs Police Department (CSPD) Statement of Grant Award
(SOGA), attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City
Council.
Section 2. The Mayor is hereby authorized to sign the acceptance of grant award for and on
behalf of the City of Englewood, Colorado .
Introduced, read in full, and passed on first reading on the 17th day of March, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 21st day of
March, 2014 .
Published as a Bill for an Ordinance on the City's official website beginning on the 19th day of
March, 2014 for thirty (30) days.
Read by title and passed on final reading on the 7th day of April, 2014 .
Published by title in the City's official newspaper as Ordinance No._, Series of 2014, on
the 11th day of April, 2014.
Published by title on the City's official website beginning on the 9th day of
April, 2014 for thirty (30) days .
Randy P . Penn, 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 of2014 .
Loucrishia A. Ellis
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February 24, 2014
Hello Officer Fowler:
COLORADO INTERNET CRIMES
AGAINST CHILDREN TASK FORCE
705 South Nevada Avenue
Colorado Springs, CO 80903
Ph. 719.444.7560 Fax719.444.7380
Enclosed you will find the cover letter signed by Colorado Springs Police Chief Peter Carey, followed
by the Statement of Grant Award (SOGA), and your approved budget The cover letter and SOGA
acknowledge your sub-award for funding under the Internet Crimes Against Children Task Force
grant, in which CSPD is the lead fiscal agency.
Please read through the cover letter and SOGA; then have the SOGA signed by an authorized
signatory for your Agency. Your authorized signatory may be someone from your Agency, your City
or County. Once the SOGA is signed, please return the document to the address listed below. The
SOGA must be signed (fully executed) PRIOR to spending any grant funds. Once CSPD has received
your signed copy and it has been signed by our office, I will scan and email the signed copy back to
your ICAC Project Director .
If you have any questions, please do not hesitate to contact me!
Thank you!
4(71W 1011 !(0111?U"'-
c:fanet Van Kampen
ICAC Task Force Program Coordinator
Colorado Springs Police Department
Investigations Division
Attn: Janet Van Kampen
Internet Crimes Against Children Task Force
705 South Nevada Avenue
Colorado Springs, CO 80903
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CITY OF COLORADO SPRINGS
February 18, 2014
Englewood Police Department
Chief John Collins
3615 South Elati Street
Englewood, CO 80110
RE: Statement of Grant Award (SOGA) and Assurances
Grant #2012-MC-FX-K009, Internet Crimes Against Children
Dear Chief Collins:
POLICE DEPARTMENT
Peter Carey
Chief of Police
On behalf of the City of Colorado Springs and the Colorado Springs Police Department, It is my pleasure to inform you
that the Colorado Springs Police Department has received a grant award under the Internet Crimes Against Children
grant, in which your sub-award for funding has also been awarded In the amount of $6,200. This grant is offered
through the Department of Justice (DOI), Office of Justice Programs (OJP) and the Office of Juvenile Justice and
Delinquency Prevention (OJJDP}.
Enclosed you will find the Statement of Grant Award (SOGA). This award is subject to all administrative and financial
requirements of the funding source, to Include OMB circulars, the Colorado Internet Crimes Against Children
Administrative Guide, and the Office of Justice Programs (OJP} Financial Guide, including the timely submission of all
financial and programmatic reports.
Prior to expending any grant funds, a fully executed Statement of Grant Award (SOGA), must be returned to our office
with the signature of the authorized recipient official. A fully executed Statement of Grant Award is accomplished when
the sub-grantee returns a signed original Statement of Grant Award (SOGA) and the Colorado Springs Police
Department returns a copy of the fully signed Statement of Grant Award back to the sub-grantee. The original will be
kept on file at the Colorado Springs Police Department
Please return your signed SOGA to:
Colorado Springs Police Department
Investigations Division
Internet Crimes Against Children Task Force
Attention: Janet Van Kampen
705 South Nevada Avenue, MC-1502
Colorado Springs, CO 80903
If you have questions regarding this award, please contact: Janet Van Kampen, at 719-444-7560 or via email at
yankamja@ci.cplospKs,cg.us.
Congratulations, and we look forward to working with you!
Sincerely,
~~
Peter Carey, Chief of Police
Attachments: Statement of Grant Award (SOGA), 2014 Approved Budget, Special Conditions and Certified Assurances
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COLORADO SPRINGS POLICE DEPARTMENT (CSPD)
STATEMENT OF GRANT AWARD (SOGA>
Sue GRANTEE AGENCY NAME: Emzlewood Police Department
PROJECT DIRECTOR: Officer Joe Fowler
3615 South Elati Street
PROJECT DIRECTOR ADDRESS: Enelewood, CO 80110
GRANT NUMBER: 2012-MC-FX-K009
Colorado Internet Crimes Against Children Task Force,
PROJECT TITLE: Internet Crimes A2ainst Children Grant Award
GRANT PERIOD: 2/18/14-5/16/14
DATE ISSUED: 2/18/14
*AWARD AMOUNT: $6,200
*Award amount may be changed by written agreement between bath parties.
The attached grant application, including Special Provisions and Certified Assurances, Is Incorporated herein as a part
of this document
SPECIAL CONDITIONS AND REQUIREMENTS:
1. The sub-grantee agrees to submit to the Colorado Springs Police Department (CSPD), who In turn submits to
Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention any
written materials that will be published through funds from this award at least thirty (30) working days prior
to the targeted dissemination date. All publications must contain the Internet Crimes Against Children logo
unless otherwise notified. All publications shall include the following language:
"This project was supported by Grant No. 2012·MC-FX-K009, awarded by the Department of justice, Office of
justice Programs, Office of juvenile justice and Delinquency Prevention. Office ofjuvenile justice and Delinquency
Prevention is a component of the Office ofjustice Programs, which also includes the Bureau ofjustice Statistics, the
National Institute ofjustice, and the Office for Victims of Crime. Points of view or opinions in this document are
those of the author and do not represent the offidal position or policies of the Unites States Department of justice."
2. The sub-grantee must submit yearly to the CSPD one copy of your most recent A· 133 audit or financial review,
including any management or other auditor comments.
3. All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the
grant award, or the number of employees in the workforce, are subject to the prohibitions against unlawful
discrimination. In the event of a Federal or State court or Federal or State administrative agency makes and
adverse finding of discrimination against your organization after a due process hearing, on the grounds of race,
color, religion, national origin, or sex, your organization must submit a copy of the finding to the Colorado
Springs Police Department
4. The sub-grantee agrees to take reasonable steps to provide meaningful access to their programs and activities
for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that
sub grantees have In providing language services to LEP individuals, please see the website at www.lep.gov.
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5. Grant activities must be based on the approved budget form, within this grant award, which supersedes any
earlier budget request submitted. The sub-grantee must secure prior written approval from the Colorado •
Springs Police Department, Internet Crimes Against Children Unit if there is to be a change in any budget
category. Failure to seek prior approval may result in denial ofreimbursement.
6. The sub-grantee agency affirms that the parties' agreement consists of a multi-part document; the award letter,
Statement of Grant Award (SOGA), approved budget form, grant requirements (by reference), Federal Certified
Assurances (by reference), and signatures of persons authorized to sign on behalf of the sub-grantee agency on
each part of the document.
7. Review carefully the Office of Justice Programs (OJP) Financial Guide, which Includes procedures regarding this
document, reimbursement for grant funds, reporting requirements, procurement procedures, as well as the
Colorado Internet Crimes Against Children Grant Administration Guide.
8. This grant award will be effective upon the final approval by the CSPD. No payment or reimbursements will
be made for purchases charged to the grant prior to approval from the CSPD.
9. The authorized official to whom this award letter Is addressed Is the authorized signing official for this
Statement of Grant Award (SOGA). The sub-grantee must promptly notify the CSPD in writing, of any changes in
the authorized official, project director, or financial officers.
10. Commencement within 60 days. If the ICAC sub-grantee agency has not commenced this project within 60 days
of the start of the approved expenditure request, the sub-grantee must report the following to the CSPD:
a. The steps taken to Initiate the project;
b. The reasons for delay; and
c. The expected start date.
11. Operational within 80 days. If the CSPD concludes the project is not operational within 80 days of the original
start date of the grant period, the CSPD may begin termination or reduction in grant proceedings.
12. The sub-grantee is expected to consistently perform the funded activities under the grant throughout the
duration of the grant period. If the sub-grantee goes a quarter with no grant activity, (to include lack of
submission of timely required monthly reporting) it may be cause for the funder to reallocate the funding. The
sub-grantee is encouraged to develop a quarterly deployment plan to ensure funds are consistently spent and
reporting requirements are met. The CSPD may amend the grant period and provide written notice to the sub·
grantee.
13. The recipient agrees that if it currently has an open award of federal funds or if It receives an award of federal
funds other than this Of P award, and those award funds have been, are being, or are to be used, In whole or
part, for one or more of the identical cost items for which funds are being provided under this Of P award, the
recipient will promptly notify, in writing, the CSPD ICAC Program Coordinator for this OJP award, and, if so
requested by the CSPD ICAC Program Coordinator, seek a budget modification or change-of-project-scope
notice to eliminate any inappropriate duplication of funding.
14. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed.
Reg. 51225 (October 1, 2009), the Department encourages recipients and sub recipients to adopt and enforce
policies banning employees from text messaging while driving any vehicle during the course of performing
work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and
other outreach to decrease crashes caused by distracted drivers.
15. Financial and Administrative Management:
a. The sub-grantee agency assures that fund accounting, auditing, monitoring, evaluation procedures and
such records as necessary will be maintained to assure adequate internal fiscal controls, proper
financial management, efficient disbursement of funds received, and maintenance of required source
documentation for all costs Incurred. These principles must be applied for all costs incurred whether
•
charged on a direct or indirect basis. •
b. All expenditures must be supported by appropriate documentation. Only actual, approved, allowable
expenditures will be permitted.
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c. The sub-grantee agency assures that it will comply with the provisions in the current applicable Office
of Justice Programs (OJP) Financial Guide, which is hereby incorporated by reference. However, such a
guide cannot cover every foreseeable contingency, and the sub grantee agency is ultimately
responsible for compliance with applicable state and federal laws, rules and regulations.
d. The sub-grantee understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or
policy, at any level of government, without the express prior written approval of the Colorado Springs
Police Department
e. The sub-grantee agency will retain all financial records, supporting document and other pertinent
records for this award for a least seven (7) years following the end of the nearest upcoming end of
state fiscal year, OR at least seven (7) years following the closure of Its audit report covering the entire
award period, whichever Is later.
f. The sub-grantee agrees to comply with the approved Colorado ICAC Task Force Grant Guide.
g. The sub-grantee agrees to comply with the OJJDP approved ICAC Task Force Operational and
Investigative Standards.
h. The sub-grantee will accept any and all investigative leads occurring In Its jurisdiction that are
received from the granting agency and/or the National Center for Missing and Exploited Children
(NCMEC), and will report the disposition of pursuant investigations to the granting agency.
i. The sub-grantee agrees to forward the ICAC Task Force Program Monthly Performance Measures by
the 10th of each month for the stats pertaining to the preceding month to the ICAC Program
Coordinator, Janet Van Kampen, via email at vankamla@ci.colospes .co.ys,
j. The sub-grantee agrees to report any other ICAC related reporting information as needed/ requested
by the Colorado ICAC Task Force Commander, Administrator or Program Coordinator, as needed to
complete OJP /OJJDP requests and requirements.
k. The sub-grantee will attend meetings and trainings for the Colorado ICAC Task Force when agency
resources allow.
16. Payment and Reporting:
a. The CSPD will pay the sub-grantee agency the reasonable and allowable costs of performance, In
accordance with current Colorado State Fiscal rules, not to exceed the amount specified within the
Request for Expenditure submitted to the ICAC Task Force Commander for approval.
b. The CSPD may withhold payment in the event the sub-grantee agency fails to comply with conditions,
including all financial reporting requirements and certifications contained In this award.
c. The sub-grantee agency assures that monthly invoice and cost-reporting submissions In support of
monthly award activity shall be submitted by the 20th of each month. Submissions shall be current and
actual and shall include supporting documentation. The final request must be made by May 161h, 2014.
d. The sub-grantee will provide required data and programmatic report to CSPD within 10 days of a
deployment under the grant If deployments occur near the end of a month, the infonnation must be
provided to CSPD within 3 days of the end of the month to meet grant deadlines.
17. Procurement and Contracts:
a. The sub-grantee agency assures that open, competitive procurement procedures will be followed for
all purchases under the grant
b. The sub-grantee agency assures that no contract or agreement will be made for execution of project
activities or provisions of services (other than purchase of supplies or standard commercial or
maintenance services) that is not incorporated In the approved application or approved in advance by
the CSPD.
c. The sub-grantee agency assures that contractors/vendors who assist the sub grantee agency to
develop specifications, requirements statements of work and/or Request for Proposal for a proposed
procurement shall be excluded from bidding or submitting a proposal to compete for the award of such
procurement
d. The sub-grantee agency agrees they will not submit items for reimbursement to the CSPD that have
not been purchased In accord with the sub grantee's procurement policies, OMB circulars, the Colorado
Internet Crimes Against Children Task Force Administrative Gulde, and the Office of Justice Programs
(OJP) Financial Guide. Submissions that do not meet these procurement requirements may not be
reimbursed by the CSPD or the funding agency at CSPD's discretion •
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18. Termination or Reduction In grant award:
a. The CSPD will monitor the performance of the sub-grantee agency against goals and performance •
standards as found in the request for expenditure. The CSPD will provide reasonable technical
assistance to the sub grantee agency in the performance standards and sub grant requirements. Any
determination of substandard performance on the part of the sub-grantee agency shall be within the
discretion of the CSPD, based upon the CSPD's review of the terms and conditions of the grant award,
the application and project summary, the grant terms and assurance, and the requirements of
applicable law. Substandard performance, as determined by the CSPD, shall constitute non-compliance,
which may result in termination for cause, or reduction of the grant award for cause.
b. The CSPD may terminate this contract In whole or in part for the CSPD's convenience or because of the
failure of the sub-grantee agency to fulfill the grant obligations.
19. Non-supplanting of funds:
a. The sub-grantee agency certifies that federal funds made available under this grant:
i. Will not be used to supplant state or local funds;
ii. Where there is a reduced or unchanged local Investment, then the sub-grantee agency shall
give a written explanation demonstrating the sub grantee-agency's reduced or unchanged
commitment would have been necessitated even If federal financial support under this federal
grant program had not been made available.
RETURN:
An original signed copy of the Statement of Grant Award (SOGA) shall be returned to:
Colorado Springs Police Department
Investigations Division
Attention: Janet Van Kampen
705 South Nevada Avenue, MC-1502
Colorado Springs, CO 80903
After all signatures are obtained, a copy of the Statement of Grant Award (SOGA) and attached letter, will be
returned to the sub-grantee agency.
The parties hereto have executed this binding sub grant award
Persons signing for sub-grantee hereby swear and affirm that they are authorized to act on sub-grantee's behalf and
acknowledge that the Colorado Springs Police Department is relying on their representations to that effect
COLORADO SPRINGS POLICE DEPARTMENT APPROVAL SD-CBAJITEE ACCEPTANCE
Name and Tltla of Appravfn1 Offtclal • · · Name and Title of Authorized Sub~rantee Offlclal
Chief Peter Carey Randy P. Penn
Colorado Sprin2s Police Department Mayor
Signature and Date of Authorized Offtclal Signature and Date of Authorized Sub-Grantee
Recipient Official ·
Signature Date SIKnature . Date
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BUDGET UNE ITEMS*
1 POUCE ICAC OVERTIME
2 TRAVEL/TRAINING
AIRFARE/FEES
GROUND TRANSPORTATION
LODGING
PER DIEM
REGISTRATION FEES
3 COMPUTER EQUIPMENT
4 SOFTWARE/LICENSE/SUPPLY
TOTAL
*NOTES ON BUDGET UNE ITEMS!
3 COMPUTER EQUIPMENT· Laptop w/Windows 7 (1@$700) to be used with Cellebrite software
4 SOFTWARE/LICENSE/SUPPLY· Cellebrfte PC Logical Software (1@$4,500)
Cellebrite 1 yr SMS license (1@$1,000)
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2/25/2014
$0
$0
$0
$0
$0
$0
$0
$700
$5,500
$6,200
• COUNCIL COMMUNICATION
Date Agenda Item Subject:
April 7, 2014 9 c i Award Professional Services
Agreement for "Vehicle Wash &
Fluid Distribution Station"
INITIATED BY: STAFF SOURCE:
Department of Public Works Dave Henderson, Deputy Public Works Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Staff discussed this proposed project at the February 3, 2014 Study Session.
RECOMMENDED ACTION
Staff recommends that City Council approve, by motion, a Professional Services Agreement, in the amount
of $45,000, with See Architecture, LLC for design of "Vehicle Wash & Fluid Distribution Station" and
authorize the Director of Public Works to execute the agreement.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
• The City's Servicenter Facility requires upgrades to meet current environmental regulations. Our facility's
proximity to the S. Platte River requires a diligent effort to keep contaminants from entering the river or
contaminating ground water.
Our existing vehicle washing stations require major upgrades. Staff utilized the services of a consultant
familiar with current and proposed MS4 Stormwater Regulations to make recommendations. The
recommendations include constructing an enclosed vehicle washing station. The enclosed washing station
would be a new bay addition at the south end of the existing garage. In conjunction with this addition to
the building, staff recommends adding an oil room. Presently, our oils, lubricates, antifreeze, etc. are stored
along the wall in the bay area. Our mechanics must pump from the drums into containers and transport
within the shop area. The potential for cross contamination and spills, along with the inefficiency of this
process is not desirable. A new oil room would provide an area to store drums with a pumping system and
hoses to dispense fluids directly to the vehicle being serviced.
See Architecture, LLC assembled a team with experience in the design of other commercial fleet vehicle
washing stations. See Architecture has successfully completed other design projects for the City of Englewood
and we are confident in the qualifications of team proposed for this design project.
FINANCIAL IMPACT
This Professional Services Agreement is for Phase One (Design and Construction Documents) only. Phases
Two (Bidding) and Phase Three (Construction Observation) may be added at a later date pending the City's
desire to move forward with construction (see attached proposal from See Architecture, LLC) .
• Funds for design are budgeted and available in the Servicenter Administration account.
LIST OF ATTACHMENTS
Professional Services Agreement
Scope of Work Letter from See Architecture, LLC
Fee Proposal letter from See Architecture, LLC
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PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (the "Agreement") is made as of this __ day of
_____ , 20_, (the "Effective Date") by and between See Architecture. LLC ("Consultant"),
and The City of Englewood. Colorado, a municipal corporation organized under the laws of the
State of Colorado ("City").
City desires that Consultant, from time to time, provide certain consulting services , systems
integration services, data conversion services, training services, and/or related services as described
herein, and Consultant desires to perform such services on behalf of City on the terms and conditions
set forth herein.
In consideration of the foregoing and the terms hereinafter set forth and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto,
intending to be legally bound, agree as follows:
1. Definitions. The terms set forth below
shall be defined as follows:
delivered by Consultant, pursuant to the
provision of the Services.
(a) "Intellectual Property Rights" 2. Statements of Work. During the term
shall mean any and all (by whatever name _aL _____ hereof and subject ta the terms and conditions __________ _
term known or designated) tangible and contained herein, Consultant agrees to
intangible and now known or hereafter existing provide, on an as requested basis, the
(1) rights associate with works of authorship consulting services, systems integration
throughout the universe , including but not services, data conversion services, training
limited to copyrights, moral rights, and mask-services, and related services (the "Services")
works, (2) trademark and trade name rights as further described in Schedule A (the
and similar rights, (3) trade secret rights, (4) "Statement of Work") for City, and in such
patents, designs, algorithms and other additional Statements of Work as may be
industrial property rights, (5) all other executed by each of the parties hereto from
intellectual and industrial property rights (of time to time pursuant to this Agreement. Each
every kind and nature throughout the universe Statement of Work shall specify the scope of
and however designated) (including logos, work, specifications, basis of compensation
"rental" rights and rights to remuneration), and payment schedule, estimated length of
whether arising by operation of law, contract, time required to complete each Statement of
license, or otherwise, and (6) all registrations, Work, including the estimated start/finish
initial applications, renewals, extensions, dates, and other relevant information and shall
continuations, divisions or reissues hereof now incorporate all terms and conditions contained
or hereafter in force (including any rights in any in this Agreement
of the foregoing).
(b) "Work Product" shall mean all
patents, patent applications, inventions,
designs, mask works, processes,
methodologies, copyrights and copyrightable
works, trade secrets including confidential
information, data, designs, manuals, training
materials and documentation, formulas,
knowledge of manufacturing processes,
methods, prices, financial and accounting data,
products and product specifications and all
other Intellectual Property Rights created,
developed or prepared, documented and/or
3. Performance of Services.
(a) Performance. Consultant shall
perform the Services necessary to complete all
projects outlined in a Statement of Work in a
timely and professional manner consistent with
the specifications, if any, set forth in the
Statement of Work, and in accordance with
industry standards. Consultant agrees to
exercise the highest degree of professionalism,
and to utilize its expertise and creative talents
in completing the projects outlined in a
Statement of Work.
(b) Delays. Consultant agrees to
notify City promptly of any factor, occurrence,
or event coming to its attention that may affect
Consultant's ability to meet the requirements of
the Agreement, or that is likely to occasion any
material delay in completion of the projects
contemplated by this Agreement or any
Statement of Work. Such notice shall be given
in the event of any loss or reassignment of key
employees, threat of strike, or major equipment
failure. Time is expressly made of the essence
with respect to this Agreement.
(c) Discrepancies. If anything
necessary for the clear understanding of the
Services has been omitted from the Agreement
specifications or it appears that various
instructions are in conflict, Vendor shall secure
written instructions from City's project director
before proceeding with the performance of the
Services affected by such omissions or
discrepancies .
4. Invoices and Payment. Unless
otherwise provided in a Statement of Work,
City shall pay the amounts agreed to in a
Statement of Work within thirty (30) days
following the acceptance by City of the work
called for in a Statement of Work by City.
Acceptance procedures shall be outlined in the
Statement of Work. If City disputes all or any
portion of an invoice for charges, then City
shall pay the undisputed portion of the invoice
by the due date and shall provide the following
notification with respect to the disputed portion
of the invoice. City shall notify Consultant as
soon as possible of the specific amount
disputed and shall provide reasonable detail as
to the basis for the dispute. The parties shall
then attempt to resolve the disputed portion of
such invoice as soon as possible. Upon
resolution of the disputed portion, City shall
pay to Consultant the resolved amount.
5. Taxes. City is not subject to
taxation. No federal or other taxes (excise,
luxury, transportation, sales, etc.) shall be
included in quoted prices. City shall not be
obligated to pay or reimburse Consultant for
any taxes attributable to the sale of any
Services which are imposed on or measured
by net or gross income, capital, net worth,
franchise, privilege, any other taxes, or
assessments, nor any of the foregoing
imposed on or payable by Consultant. Upon
written notification by City and subsequent
verification by Consultant, Consultant shall
reimburse or credit, as applicable, City in a
timely manner, for taxes erroneously paid by
City. City shall provide Consultant with, and
Consultant shall accept in good faith, resale,
direct pay, or other exemption certificates, as
applicable.
6. Out of Pocket Expenses. Consultant
shall be reimbursed only for expenses which
are expressly provided for in a Statement of
Work or which have been approved in advance
in writing by City, provided Consultant has
furnished such documentation for authorized
expenses as City may reasonably request.
7. Audits. Consultant shall provide such
employees and independent auditors and
inspectors as City may designate with
reasonable access to all sites from which
Services are performed for the purposes of
performing audits or inspections of
Consultant's operations and compliance with
this Agreement. Consultant shall provide such
auditors and inspectors any reasonable
assistance that they may require. Such audits
shall be conducted in such a way so that the
Services or services to any other customer of
Consultant are not impacted adversely.
8. Term and Termination. The term of
this Agreement shall commence on the
Effective Date and shall continue unless this
Agreement is terminated as provided in this
Section 8.
(a) Convenience. City may, without
cause and without penalty, terminate the
provision of Services under Statements of
Work upon thirty (30) days prior written notice.
Upon such termination, City shall, upon receipt
of an invoice from Consultant, pay Consultant
for Services actually rendered prior to the
effective date of such termination. Charges will
be based on time expended for all incomplete
tasks as listed in the applicable Statement of
Work, and all completed tasks will be charged
as indicated in the applicable Statement of
Work.
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(b} No Outstanding Statements of
Work. Either party may terminate this
Agreement by providing the other party with at
least thirty (30) days prior written notice of
termination if there are no outstanding
Statements of Work.
(c) Material Breach. If either party
materially defaults in the performance of any
term of a Statement of Work or this Agreement
with respect to a specific Statement of Work
(other than by nonpayment) and does not
substantially cure such default within thirty (30)
days after receiving written notice of such
default, then the non-defaulting party may
terminate this Agreement or outstanding
Statements of Work by providing ten (10) days
prior written notice of termination to the
defaulting party.
(d) Bankruptcy or Insolvency. Either
party may terminate this Agreement effective
upon written notice stating its intention to
terminate in the event the other party: (1)
makes a general assignment of all or
substantially all of its assets for the benefit of
its creditors; (2) applies for, consents to, or
acquiesces in the appointment of a receiver,
trustee, custodian, or liquidator for its business
or all or substantially all of its assets; (3) files,
or consents to or acquiesces in, a petition
seeking relief or reorganization under any
bankruptcy or insolvency laws; or (4) files a
petition seeking relief or reorganization under
any bankruptcy or insolvency laws is filed
against that other party and is not dismissed
within sixty (60) days after it was filed.
( e} TABOR. 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 within the meaning of
TABOR and, notwithstanding anything in this
Agreement to the contrary, all payment
obligations of City are expressly dependent
and conditioned upon the continuing
availability of funds beyond the term of City's
current fiscal period ending upon the next
succeeding December 31. Financial
obligations of City payable after the current
fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, and
otherwise made available in accordance with
the rules, regulations, and resolutions of City
and applicable law. Upon the failure to
appropriate such funds, this Agreement shall
be deemed terminated.
(f} Return of Property. Upon
termination of this Agreement, both parties
agree to return to the other all property
(including any Confidential Information, as
defined in Section 11) of the other party that it
may have in its possession or control.
9. City Obligations. City will provide
timely access to City personnel, systems and
information required for Consultant to perform
its obligations hereunder. City shall provide to
Consultant's employees performing its
obligations hereunder at City's premises,
without charge, a reasonable work
environment in compliance with all applicable
laws and regulations, including office space,
furniture, telephone service, and reproduction,
computer, facsimile, secretarial and other
necessary equipment, supplies, and services.
With respect to all third party hardware or
software operated by or on behalf of City, City
shall, at no expense to Consultant, obtain all
consents, licenses and sublicenses necessary
for Consultant to perform under the Statements
of Work and shall pay any fees or other costs
associated with obtaining such consents,
licenses and sublicenses.
10. Staff. Consultant is an independent
consultant and neither Consultant nor
Consultant's staff is, or shall be deemed to be
employed by City. City is hereby contracting
with Consultant for the Services described in a
Statement of Work and Consultant reserves
the right to determine the method, manner and
means by which the Services will be
performed. The Services shall be performed by
Consultant or Consultant's staff, and City shall
not be required to hire, supervise or pay any
assistants to help Consultant perform the
Services under this Agreement. Except to the
extent that Consultant's work must be
performed on or with City's computers or City's
existing software, all materials used in
providing the Services shall be provided by
Consultant.
11. Confidential Information.
(a} Obligations. Each party hereto
may receive from the other party information
which relates to the other party's business,
research, development, trade secrets or
business affairs ("Confidential Information").
Subject to the provisions and exceptions set
forth in the Colorado Open Records Act, CRS
Section 24-72-101 et. seq., each party shall
protect all Confidential Information of the other
party with the same degree of care as it uses
to avoid unauthorized use, disclosure,
publication or dissemination of its own
confidential information of a similar nature, but
in no event less than a reasonable degree of
care. Without limiting the generality of the
foregoing, each party hereto agrees not to
disclose or permit any other person or entity
access to the other party's Confidential
Information except such disclosure or access
shall be permitted to an employee, agent,
representative or independent consultant of
such party requiring access to the same in
order to perform his or her employment or
services. Each party shall insure that their
employees, agents, representatives, and
independent consultants are advised of the
confidential nature of the Confidential
Information and are precluded from taking any
action prohibited under this Section 11.
Further, each party agrees not to alter or
remove any identification, copyright or other
proprietary rights notice which indicates the
ownership of any part of such Confidential
Information by the other party. A party hereto
shall undertake to immediately notify the other
party in writing of all circumstances
surrounding any possession, use or knowledge
of Confidential Information at any location or by
any person or entity other than those
authorized by this Agreement.
Notwithstanding the foregoing, nothing in this
Agreement shall restrict either party with
respect to information or data identical or
similar to that contained in the Confidential
Information of the other party but which (1) that
party rightfully possessed before it received
such information from the other as evidenced
by written documentation; (2) subsequently
becomes publicly available through no fault of
that party; (3) is subsequently furnished
rightfully to that party by a third party without
restrictions on use or disclosure; or (4) is
required to be disclosed by law, provided that
the disclosing party will exercise reasonable
efforts to notify the other party prior to
disclosure.
(b) Know-How. For the avoidance of
doubt neither City nor Consultant shall be
prevented from making use of know-how and
principles learned or experience gained of a
non-proprietary and non-confidential nature.
(c) Remedies. Each of the parties
hereto agree that if any of them, their officers,
employees or anyone obtaining access to the
Confidential Information of the other party by,
through or under them, breaches any provision
of this Section 11, the non-breaching party
shall be entitled to an accounting and
repayment of all profits, compensation,
commissions, remunerations and benefits
which the breaching party, its officers or
employees directly or indirectly realize or may
realize as a result of or growing out of, or in
connection with any such breach. In addition
to, and not in limitation of the foregoing, in the
event of any breach of this Section 11, the
parties agree that the non-breaching party will
suffer irreparable harm and that the total
amount of monetary damages for any such
injury to the non-breaching party arising from a
violation of this Section 11 would be impossible
to calculate and would therefore be an
inadequate remedy at law. Accordingly, the
parties agree that the non-breaching party
shall be entitled to temporary and permanent
injunctive relief against the breaching party, its
officers or employees and such other rights
and remedies to which the non-breaching party
may be entitled to at law, in equity or under this
Agreement for any violation of this Section 11.
The provisions of this Section 11 shall survive
the expiration or termination of this Agreement
for any reason.
12. Project Managers. Each party shall
designate one of its employees to be its
Project Manager under each Statement of
Work, who shall act for that party on all matters
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under the Statement of Work. Each party shall
notify the other in writing of any replacement of
a Project Manager. The Project Managers for
each Statement of Work shall meet as often as
either one requests to review the status of the
Statement of Work.
13. Representations.
(a) Authority. Consultant represents
that: ( 1) Consultant has the full corporate right,
power and authority to enter into this
Agreement and to perform the acts required of
it hereunder; (2) the execution of this
Agreement by Consultant, and the
performance by Consultant of its obligations
and duties hereunder, do not and will not
violate any agreement to which Consultant is a
party or by which it is otherwise bound under
any applicable law, rule or regulation; (3) when
executed and delivered by Consultant, this
Agreement will constitute the legal, valid and
binding obligation of such party, enforceable
against such party in accordance with its
terms; and (4) Consultant acknowledges that
City makes no representations, warranties or
agreements related to the subject matter
hereof that are not expressly provided for in
this Agreement
(b) Service. Consultant agrees that its
employees and consultants shall have
sufficient skill, knowledge, and training to
perform Services and that the Services shall
be performed in a professional and
workmanlike manner.
(c) Personnel. Unless a specific
number of employees is set forth in the
Statement of Work, Consultant agrees it will
provide sufficient employees to complete the
Services ordered within the applicable time
frames established pursuant to this Agreement
or as set forth in the Statement of Work ..
During the course of performance of Services,
City may, for any or no reason, request
replacement of an employee or a proposed
employee. In such event, Consultant shall,
within five (5) working days of receipt of such
request from City, provide a substitute
employee of sufficient skill, knowledge, and
training to perform the applicable Services.
Consultant shall require employees providing
Services at a City location to comply with
applicable City security and safety regulations
and policies.
(d) Compensation and Benefits.
Consultant shall provide for and pay the
compensation of employees and shall pay all
taxes, contributions, and benefits (such as, but
not limited to, workers' compensation benefits)
which an employer is required to pay relating
to the employment of employees. City shall not
be liable to Consultant or to any employee for
Consultant's failure to perform its
compensation, benefit, or tax obligations.
Consultant shall indemnify and hold City
harmless from and against all such taxes,
contributions and benefits and will comply with
all associated governmental regulations,
including the filing of all necessary reports and
returns.
14. Indemnification.
(a) Consultant Indemnification.
Consultant shall indemnify and hold harmless
City, its directors, officers, employees, and
agents and the heirs, executors, successors,
and permitted assigns of any of the foregoing
(the "City lndemnitees") from and against
losses, liabilities, expenses and costs
(including reasonable fees and disbursements
of legal counsel and accountants), bodily and
other personal injuries, damage to tangible
property, and other damages suffered or
incurred by a City lndemnitee to the extent
caused by (1) any negligent act or omission by
Consultant or its representatives in the
performance of Consultant's obligations under
this Agreement, or (2) any material breach in a
representation, covenant or obligation of
Consultant contained in this Agreement.
(b) Infringement. Consultant will
indemnify, and hold City harmless from all
lndemnifiable Losses arising from any third
party claims that any Work Product or
methodology supplied by Consultant infringes
or misappropriates any Intellectual Property
rights of any third party; provided, however,
that the foregoing indemnification obligation
shall not apply to any alleged infringement or
misappropriation based on: (1) use of the
Work Product in combination with products or
services not provided by Consultant to the
extent that such infringement or
misappropriation would have been avoided if
such other products or services had not been
used; (2) any modification or enhancement to
the Work Product made by City or anyone
other than Consultant or its sub-consultants; or
(3) use of the Work Product other than as
permitted under this Agreement.
(c) Indemnification Procedures.
Notwith-standing anything else contained in
this Agreement, no obligation to indemnify
which is set forth in this Section 14 shall apply
unless the party claiming indemnification
notifies the other party as soon as practicable
to avoid any prejudice in the claim, suit or
proceeding of any matters in respect of which
the indemnity may apply and of which the
notifying party has knowledge and gives the
other party the opportunity to control the
response thereto; provided, however, that the
party claiming indemnification shall have the
right to participate in any legal proceedings to
contest a claim for indemnification involving a
third party and to be represented by its own
attorneys, all at such party's cost and expense;
provided further, however, that no settlement
or compromise of an asserted third-party claim
other than the payment/money may be made
without the prior written consent of the party
claiming indemnification.
(d) Immunity. City, its officers, and its
employees, are relying on, and do not waive or
intend to waive by any provision of this
Agreement, the monetary limitations or any
other rights, immunities, and protections
provided by the Colorado Governmental
Immunity Act, C.R.S. 24-10-101 et seq., as
from time to time amended, or otherwise
available to City, its officers, or its employees.
15. Insurance.
(a) Requirements. Consultant agrees
to keep in full force and effect and maintain at
its sole cost and expense the following policies
of insurance during the term of this Agreement:
(1) The Consultant shall comply
with the Workers' Compensation Act of
Colorado and shall provide compensation
insurance to protect the City from and against
any and all Workers' Compensation claims
arising from performance of the work under
this contract. Workers' Compensation
insurance must cover obligations imposed by
applicable laws for any employee engaged in
the performance of work under this contract, as
well as the Employers' Liability within the
minimum statutory limits.
(2) Commercial General Liability
Insurance and auto liability insurance
(including contractual liability insurance)
providing coverage for bodily injury and
property damage with a combined single limit
of not less than one million dollars
($1,000,000) per occurrence.
(3) Professional Liability/Errors and
Omissions Insurance covering acts, errors and
omissions arising out of Consultant's
operations or Services in an amount not less
than one million dollars ($1,000,000) per claim
and in the annual aggregate.
(4) Employee Dishonesty and
Computer Fraud Insurance covering losses
arising out of or in connection with any
fraudulent or dishonest acts committed by
Consultant personnel, acting alone or with
others.
(b) Approved Companies. All such
insurance shall be procured with such
insurance companies of good standing,
permitted to do business in the country, state
or territory where the Services are being
performed.
(c) Certificates. Consultant shall
provide City with certificates of insurance
evidencing compliance with this Section 15
(including evidence of renewal of insurance)
signed by authorized representatives of the
respective carriers for each year that this
Agreement is in effect. Certificates of
insurance will list the City of Englewood as an
additional insured. Each certificate of
insurance shall provide that the issuing
company shall not cancel the insurance
afforded under the above policies unless notice
of such cancellation has been provided to City.
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16. Rights in Work Product.
(a) Generally. Except as specifically
agreed to the contrary in any Statement of
Work, all Intellectual Property Rights in and to
the Work Product produced or provided by
Consultant under any Statement of Work shall
remain the property of Consultant. With
respect to the Work Product, Consultant
unconditionally and irrevocably grants to City
during the term of such Intellectual Property
Rights, a non-exclusive, irrevocable, perpetual,
worldwide, fully paid and royalty-free license,
to reproduce, create derivative works of,
distribute, publicly perform and publicly display
by all means now known or later developed,
such Intellectual property Rights.
REUSE DISCLAIMER
Any and all unauthorized reuse of Consultant's
Instruments of Service will be at the Owner's
sole risk and without liability to the Consultant.
(b) Know-How. Notwithstanding
anything to the contrary herein, each party and
its respective personnel and consultants shall
be free to use and employ its and their general
skills, know-how, and expertise, and to use,
disclose, and employ any generalized ideas,
concepts, know-how, methods, techniques, or
skills gained or learned during the course of
any assignment, so long as it or they acquire
and apply such information without disclosure
of any Confidential Information of the other
party.
17. Relationship of Parties. Consultant is
acting only as an independent consultant and
does not undertake, by this Agreement, any
Statement of Work or otherwise, to perform
any obligation of City, whether regulatory or
contractual, or to assume any responsibility for
City's business or operations. Neither party
shall act or represent itself, directly or by
implication, as an agent of the other, except as
expressly authorized in a Statement of Work.
18. Complete Agreement. This
Agreement contains the entire agreement
between the parties hereto with respect to the
matters covered herein.
19. Applicable Law. Consultant shall
comply with all applicable laws in performing
Services but shall be held harmless for
violation of any governmental procurement
regulation to which it may be subject but to
which reference is not made in the applicable
Statement of Work. This Agreement shall be
construed in accordance with the laws of the
State of Colorado. Any action or proceeding
brought to interpret or enforce the provisions of
this Agreement shall be brought before the
state or federal court situated in Arapahoe
County, Colorado and each party hereto
consents to jurisdiction and venue before such
courts.
20. Scope of Agreement. If the scope of
any provisions of this Agreement is too broad
in any respect whatsoever to permit
enforcement to its fullest extent, then such
provision shall be enforced to the maximum
extent permitted by law, and the parties hereto
consent to and agree that such scope may be
judicially modified accordingly and that the
whole of such provision of this Agreement shall
not thereby fail, but that the scope of such
provision shall be curtailed only to the extent
necessary to conform to law.
21. Additional Work. After receipt of a
Statement of Work, City, with Consultant's
consent, may request Consultant to undertake
additional work with respect to such Statement
of Wort<. In such event, City and Consultant
shall execute an addendum to the Statement
of Work specifying such additional work and
the compensation to be paid to Consultant for
such additional work.
22. Sub-consultants. Consultant may not
subcontract any of the Services to be provided
hereunder without the prior written consent of
City. In the event of any permitted
subcontracting, the agreement with such third
party shall provide that, with respect to the
subcontracted work, such sub-consultant shall
be subject to all of the obligations of
Consultant specified in this Agreement.
23. Notices. Any notice provided pursuant
to this Agreement shall be in writing to the
parties at the addresses set forth below and
shall be deemed given (1) if by hand delivery,
upon receipt thereof, (2) three (3) days after
deposit in the United States mails, postage
prepaid, certified mail, return receipt requested
or (3) one ( 1) day after deposit with a
nationally-recognized overnight courier,
specifying overnight priority delivery. Either
party may change its address for purposes of
this Agreement at any time by giving written
notice of such change to the other party
hereto.
24. Assignment. This Agreement may not
be assigned by Consultant without the prior
written consent of City. Except for the
prohibition of an assignment contained in the
preceding sentence, this Agreement shall be
binding upon and inure to the benefit of the
heirs, successors and assigns of the parties
hereto.
25. Third Party Beneficiaries. This
Agreement is entered into solely for the benefit
of the parties hereto and shall not confer any
rights upon any person or entity not a party to
this Agreement.
26. Headings. The section headings in
this Agreement are solely for convenience and
shall not be considered in its interpretation.
The recitals set forth on the first page of this
Agreement are incorporated into the body of
this Agreement. The exhibits referred to
throughout this Agreement and any Statement
of Work prepared in conformance with this
Agreement are incorporated into this
Agreement.
27. Waiver. The failure of either party at
any time to require performance by the other
party of any provision of this Agreement shall
not effect in any way the full right to require
such performance at any subsequent time; nor
shall the waiver by either party of a breach of
any provision of this Agreement be taken or
held to be a waiver of the provision itself.
28. Force Majeure. If performance by
Consultant of any service or obligation under
this Agreement is prevented, restricted,
delayed or interfered with by reason of labor
disputes, strikes, acts of God, floods, lightning,
severe weather, shortages of materials,
rationing, utility or communications failures,
earthquakes, war, revolution, civil commotion,
acts of public enemies, blockade, embargo or
any law, order, proclamation, regulation,
ordinance, demand or requirement having
legal effect of any governmental or judicial
authority or representative of any such
government, or any other act whether similar
or dissimilar to those referred to in this clause,
which are beyond the reasonable control of
Consultant, then Consultant shall be excused
from such performance to the extent of such
prevention, restriction, delay or interference. If
the period of such delay exceeds thirty (30)
days, City may, without liability, terminate the
affected Statement of Work(s) upon written
notice to Consultant.
29. Time of Performance. Time is
expressly made of the essence with respect to
each and every term and provision of this
Agreement.
30. Permits. Consultant shall at its own
expense secure licenses, permits or
certificates that may be required by any
federal, state or local statute, ordinance or
regulation for the performance of the Services
under the Agreement. Consultant shall also
comply with the provisions of all Applicable
Laws in performing the Services under the
Agreement. At its own expense and at no cost
to City, Consultant shall make any change,
alteration or modification that may be
necessary to comply with any Applicable Laws
that Consultant failed to comply with at the
time of performance of the Services.
31. Media Releases. Except for any
announcement intended solely for internal
distribution by Consultant or any disclosure
required by legal, accounting, or regulatory
requirements beyond the reasonable control of
Consultant, all media releases, public
announcements, or public disclosures
(including, but not limited to, promotional or
marketing material) by Consultant or its
employees or agents relating to this
Agreement or its subject matter, or including
the name, trade mark, or symbol of City, shall
be coordinated with and approved in writing by
City prior to the release thereof. Consultant
shall not represent directly or indirectly that any
Services provided by Consultant to City has
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been approved or endorsed by City or include
the name, trade mark, or symbol of City on a
list of Consultant's customers without City's
express written consent.
32. Nonexclusive Market and Purchase
Rights. It is expressly understood and agreed
that this Agreement does not grant to
Consultant an exclusive right to provide to City
any or all of the Services and shall not prevent
City from acquiring from other suppliers
services similar to the Services. Consultant
agrees that acquisitions by City pursuant to
this Agreement shall neither restrict the right of
City to cease acquiring nor require City to
continue any level of such acquisitions.
Estimates or forecasts furnished by City to
Consultant prior to or during the term of this
Agreement shall not constitute commitments.
33. Survival. The provisions of Sections 5,
8(g), 10, 11, 13, 14, 16, 17, 19, 23, 25 and 31
shall survive any expiration or termination for
any reason of this Agreement.
34. Verification of Compliance with C.R.S.
8-17.5-101 ET.SEQ. Regarding Hiring of
Illegal Aliens:
(a) Employees, Consultants and
Sub-consultants: Consultant shall not
knowingly employ or contract with an illegal
alien to perform work under this Contract.
Consultant shall not contract with a sub-
consultant that fails to certify to the Consultant
that the sub-consultant 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: Consultant 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 for services.
Consultant 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 Consultant obtains actual
knowledge that a sub-consultant performing
work under this Contract knowingly employs or
contracts with an illegal alien, the Consultant
shall;
(1) notify the sub-consultant and
the City within three days that the
Consultant has actual knowledge that
the sub-consultant is employing or
contracting with an illegal alien; and
(2) terminate the subcontract
with the sub-consultant if, within three
days of receiving notice required
pursuant to this paragraph the sub-
consultant does not stop employing or
contracting with the illegal alien; except
that the Consultant shall not terminate
the contract with the sub-consultant if
during such three days the sub-
consultant provides information to
establish that the sub-consultant has
not knowingly employed or contracted
with an illegal alien .
(d) Duty to Comply with State
Investigation: Consultant 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
Consultant's breach of any section of this
paragraph or provisions required pursuant to
CRS 8-17.5-102. Consultant shall be liable for
actual 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 34.
CONSEQUENTIAL DAMAGES
Notwithstanding any other provision of this
Agreement, and to the fullest extent permitted
by law, neither the Client nor the Consultant,
their respective officers, directors, partners,
employees, contractors or subconsultants shall
be liable to the other or shall make any claim
for any incidental, indirect or consequential
damages arising out of or connected in any
way to the Project or to this Agreement. This
mutual waiver of consequential damages shall
include, but is not limited to, loss of use, loss of
profit, loss of business, loss of income, loss of
reputation and any other consequential
damages that either party may have incurred
from any cause of action including negligence,
strict liability, breach of contract and breach of
strict or implied warranty.
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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 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: _____________ _
(Slgn.ture)
(Print Name)
Title: ______________ _
Date: ______________ _
ATTEST:
City Clerk
See Architecture, LLC
(Consultant Name)
(~B S Ostfetz f:t.
Address
De11t.er E3t>2Jo
City, State.....,....._~""'""'
By: __ o::;,.;;;:~-bll~~__..,._ ___ _
Date:------------
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February 10, 2014
Mr. Dave Henderson
City of Englewood Public Works Department
1000 Englewood Parkway
Englewood, CO. 8011 O
RE: Service Center Vehicle Wash & Fluid Distribution Station
Statement of Work
Dear Mr. Henderson,
Schedule A
Statement of Work
Consisting of
5 Pages
Thank you for providing See architecture the opportunity to submit a proposal for design services
for a new Vehicle Wash & Fluid Distribution Station (VWFDS) to be located at the City of
Englewood's Service Center.
Prior to submitting the formal proposal we would like to submit our understanding of the scope of
work related to this project. Based on the site walk and discussions last week with our design team
we believe the scope of the project (not including the new entrance & gate) to include the following:
Vehicle Wash Bay:
• A new building/structure addition to the south end of the existing vehicle service building.
• Structure to be CMU with Steel roof trusses to match existing adjacent structure.
• Drive through station with 18' clear ceiling height.
• 2 Garage doors to match size and style of existing garage doors.
• Scaffolding along both side walls to allow for washing out dump trucks, etc .
• Existing exit doors from current service station will remain -new east and west walls shall be
set back so as to not interfere with these existing exits.
• An existing conduit, near the west door, (which may include a fiber run) may need to be
relocated and must be coordinated with the design team. This work to be completed by the
City of Englewood's IT department.
• Existing light pole (located near the new south wall of the wash bay) will need to be relocated
or re-aimed; another option is to light drive area from wall mounted fixtures on new wall.
• Demolition of the existing sand and oil interceptor.
• New washing equipment (type to be verified with City).
• New domestic cold water distributions from existing service with separate backflow prevention
device and connection to vehicle wash equipment as directed by vendor.
• New sand and oil drainage piping with new sand and oil interceptor sized per Englewood
requirements.
• Sanitary drainage and vent piping as required for general purpose floor drainage in wash
equipment area.
• Natural gas distribution from existing gas meter to new heating equipment and vehicle
equipment as directed by vendor; coordination with Xcel for increase in load and resultant gas
service and meter upgrades.
• Roof drainage piping with discharge to on grade locations.
• General purpose water outlets such as hose bibs and exterior wall hydrants as may be
desired by user.
• Gas fired unit heater and supplemental ventilation for vehicle wash bay
• New power for new wash equipment & pumps.
• New lighting inside Wash Bay; this will need to be sealed fixtures suitable for spray down &
extremely wet and corrosive locations.
ARCHITECTURE INTERIORS URBAN DESIGN
1668 S. Ogden St, Denver, CO 80210 Phone 303.921.9022 Fax 303.777 .0724 see .architecture .suzette@gmail.com
• Heat to include gas fired infrared radiant tube heaters and gas fired unit heaters to maintain
required space temperatures and prevent freezing.
• Ventilation to include roof mounted exhaust fan with interface to outside air intake louver.
• Controls to be electronic or if a central automation system exists at the facility, tie-in will be
specified.
• New power for new mechanical equipment.
• Existing switchboard does not have spare spaces to feed a new panel for the additional
equipment. Metering of sub-feeds may be required. Metering is not within the scope of these
services -but can be overseen and assisted by the design team. A new panel will need to be
located.
• Provide a performance based specification for extension of existing fire sprinkler system to
provide coverage at the new addition.
• Tele/Comm, security or similar devices will be shown as rough-in only and no specification of
these systems will be provided -the City of Englewood IT department will be responsible for
coordination and specification of these systems.
• All equipment and finishes will be specified of material suitable for atmosphere anticipated.
Fluid Storage and Distribution:
• A separate room located between the new Wash Bay & the existing Service Station.
• One exit door will be provided to this room.
• Heat to include gas fired unit heater to maintain space temperature as required by fluids
stored.
• Ventilation to include a roof mounted exhaust fan with interface to outside air intake louver.
• Revisions to the existing radiant tube heaters to accommodate new hose reel installation
within existing service bays. •
• Controls to be electronic or if a central automation system exists at the facility, tie-in will be
specified.
• Specify a new compressor and/or equipment as required for fluid/oil pump stations.
• Extend compressed air from current location to new points of pneumatic pump connection.
• Existing air compressor to remain in service; however, potentially a new compressor and/or
equipment will be required for fluid/oil pump stations.
• New pump specifications for distribution to overhead hose reels. Includes (6) pumps as
follows:
}>-5-40 Engine Oil
~ 0-30 Engine Oil
~ Antifreeze
~ Dexron 6 Transmission Fluid
~ AW-32 Hydraulic Fluid
~ AW-46 Hydraulic Fluid
• Pumps will be specified for bung mounting to storage tanks. Carbon steel fluid distribution
tubing from pumps to hose reel connections.
• New hose reel specifications to include hose reels, metering nozzles, hose and covers. (2)
Hose reels for each fluid noted are anticipated at this time and are to be positioned near the
center walk-aisle centered between service bays. Support framing will need to be coordinated
with structural engineer.
• Demolition of existing hose reels and piping systems that are no longer in operation.
• Extension and reconnection of existing trench drain to new sand and oil interceptor. Note: this
may be a separate interceptor than that mentioned in the vehicle wash section above.
ARCHITECTURE INTERIORS URBAN DESIGN
1668 S. Ogden St , Denver, CO 80210 Phone 303 .921 .9022 Fax 303 .777 .0724 see .architecture .suzette@gmail.com •
• Proposed Design Team:
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Lead (Architect):
Geotechnical Engineer (if required):
Structural Engineer:
Mechanical/Plumbing Engineer:
Electrical Engineer:
See architecture, LLC
American Geotechnical
Ziehler Engineering, LLC
Envision Mechanical Engineers, Inc.
Klok Group, LLC
Upon approval of the scope of services we will present you with a fee proposal.
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Suzette E. Emerson, AIA
Principal
ARCHITECTURE INTERIORS URBAN DESIGN
1668 S. Ogden St , Denver , CO 80210 Phone 303 .921 .9022 Fax 303 .777.0724 see .architecture .suzette@gmail.com
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February 10, 2014
Mr. Dave Henderson
City of Englewood Public Works Department
1000 Englewood Parkway
Englewood, CO. 8011 O
RE: Service Center Vehicle Wash & Fluid Distribution Station
Fee Proposal
Dear Mr. Henderson,
Thank you for providing See architecture, LLC the opportunity to submit a proposal for design
services for a new Vehicle Wash & Fluid Distribution Station (VWFDS} to be located at the City of
Englewood's Service Center at 2800 S. Platt River Drive in Englewood, CO. The scope of services
listed in the letter to you, dated February 10, 2014, has been approved. In addition to the scope of
services listed in that letter will be the completion of as-built drawings for the existing Service
Center garage and adjacent grounds.
The plumbing and mechanical systems are the most intricate portion of a car wash facility. We have
Envision Mechanical Engineers, Inc. as part of our team due to their extensive experience in wash
facilities .
PROPOSED TEAM:
Lead (Architect}:
Geotechnical Engineer:
Structural Engineer:
See architecture, LLC
American Geotechnical
Ziehler Engineering, LLC
Mechanical/Plumbing Engineer:
Electrical Engineer:
Envision Mechanical Engineers, Inc.
Kick Group, LLC
PROPOSED FEES:
We propose to provide the above scope of services for a total fee of $59,845, as outlined below:
See architecture, LLC: Lead:
American Geotechnical
Ziehler Engineering, LLC
Envision Mechanical Engineers, Inc.
Kick Group, LLC
$ 22,500
$ 600
$ 5,750
$ 24,245
$ 6,750
The project will be divided into 3 Phases, as listed below, with corresponding costs per phase:
Phase One: Design and Construction Documents:
Phase Two: Bidding and Negotiations:
Phase Three: Construction Observation:
$45,000
$2,400
$12,445
ARCHITECTURE INTERIORS URBAN DESIGN
1668 S. Ogden St ., Denver , CO 80210 Phone 303 -921 -9022 Fax 303-777-0724 see.architecture .suzette@gmail.com
The design team can commence work on the project with the approval of a single phase or all three •
phases.
Reimbursable expenses relating to the work (i.e., printing, postage, mileage, parking, etc.) will be
billed in addition to our base fee charged at a rate of 1.1 5 times our cost.
INVOICES:
Invoices for services and for project related expenses will be submitted approximately monthly.
Invoices for fees will be based on a percent of project completion. Client agrees to review invoices
upon receipt and notify See architecture, LLC immediately of any irregularities or errors that would
preclude prompt payment.
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Suzette E. Emerson, AIA
Principal
ARCHITECTURE INTERIORS URBAN DESIGN
1668 S. Ogden St .. Denver, CO 80210 Phone 303-921-9022 Fax 303-777-0724 see.architecture .suzette@gma il.com
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• COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
April 7, 2014 11 a i An Ordinance Adopting Amendments to Title 16
Concerning Nonconforming Structures
Initiated By: Staff Source:
Community Development Department Chris Neubecker, Senior Planner
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
This item has not been previously discussed by City Council. This issue was brought to staff by a citizen
through a Zoning Text Amendment application .
PREVIOUS PLANNING COMMISSION ACTION
The Planning and Zoning Commission discussed this proposal to amend Title 16: Unified Development
Code, Nonconforming Structures at three different Study Sessions: September 17, 2013; December 3,
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2014; January 7, 2014. The Commission conducted a Public Hearing on February 20, 2014. One member
of the public was present and also testified at the Public Hearing. Following discussion, the Commission
voted in favor of forwarding to City Council the proposed amendments to Chapter 9: Nonconformities, as
presented in the attached Bill for an Ordinance.
RECOMMENDED ACTION
The Community Development Department recommends adoption of a Bill for an Ordinance authorizing
amendments to Title 16: Unified Development Code regarding Nonconforming Structures on First Reading,
and setting April 21, 2014 as the date for a Public Hearing to consider testimony on the proposed
amendments .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In August 2013, the Community Housing Development Association (CHDA) applied to the City requesting
a Zoning Text Amendment to the Unified Development Code concerning nonconforming structures. The
request centered on the fact that the current regulations prohibit reconstructing nonconforming structures
to the same density or unit count as they previously existed, if the existing structures are over the allowed
density for the zone district (based on lot area).
CHDA recently purchased and renovated the Canterbury East (21 units) and Canterbury South (22 units)
Apartments, located at 3550 and 3600 S. Delaware Street, respectively. The properties are zoned MU-R-3-
• B, and are used for affordable housing with a variety of rental rates . The apartment buildings are
nonconforming for the zone district due to the number of units. If the buildings were damaged or destroyed
to the extent of more than 60% of their value, the existing buildings could not be rebuilt with the same •
number of units under the current regulations. The new buildings would need to be reduced in size (based
on the zoning and lot size), with a maximum of 11 units in one building, and 12 units in the other. CHDA
and its financing partners are concerned about the potential loss of value in case of significant damage to
the buildings.
The concerns raised by the CHDA are not unique. Staff is aware of 104 properties in the City that are
nonconforming due to density. If any of these properties were to burn down, or were otherwise damaged
or destroyed by more than 60% of the value of the structure, then the rebuilt structures would need to
conform to the existing zoning at the lower density. This situation can happen when zoning is changed to a
new density lower than that of the pre-existing structures.
Due to this potential loss of value, some banks have concerns financing these properties. In an effort to
support investment in the community and to maintain the existing density, the proposed code amendments
would allow nonconforming buildings and structures to be rebuilt up to their previous density.
ANALYSIS
Nonconforming structure policies usually require that rebuilt structures come into compliance with the new
requirements of the zone district, including unit count, setbacks, height, parking, landscaping, and other
dimensional requirements. These policies help ensure that new buildings, and those rebuilt after significant
damage, are compatible with the character of the neighborhood. However, meeting the new density of the
zone district may result in a smaller building, and a reduction in property values.
By rebuilding to the same size and density, nonconforming structures should have no more impact than
currently. Neighbors of existing nonconforming structures already understand their impacts, since, in many
cases, neighbors purchased their investment after the nonconforming structure was built. As proposed,
owners of nonconforming structures would be required to comply with current regulations where it is
"practicable" to do so. Exceptions to this are building and safety codes, which must be met. Specifically, the
proposal requires that rebuilt buildings "be brought into compliance as much as practicable with existing
standards of this code". This requirement strikes a balance between what is "possible" and what is
"reasonable". For example, a rebuilt structure might be able to conform to new landscaping and parking
requirements, but not setbacks. Other developments may be able to comply with setbacks, but may not be
able to meet current parking standards. The proposed ordinance provides flexibility for the owner and staff
to work together on a plan that protects property rights while reducing impacts on adjacent properties.
Zoning Site Plan review would be required for new structures.
As proposed, this policy would apply to both residential and nonresidential properties. This ordinance
would not affect nonconforming uses .
Some of the key elements of this proposal include:
• Allow re-building to the same unit count or density (square feet)
• Require re-built structures to comply with current codes where reasonable
• Applicants would be required to demonstrate why they are not able to meet current codes, if
reprieve is requested
• Allow voluntary redevelopment to the same unit count or density
• Building permit applications must be submitted within one year of "destruction" event
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• Voluntary Redevelopment
In addition to disasters such as fire, this proposal would encourage redevelopment of older, nonfunctional
properties through voluntary teardowns and new construction. Language is proposed to encourage
voluntary redevelopment by allowing the existing density to be rebuilt. Redeveloped and rebuilt structures
could maintain the existing density or other nonconformities, but owners would also be required conform
to current standards, to the extent practicable. Staff believes that this language encourages redevelopment,
although it is unlikely to be used frequently if additional density or other incentives are not provided.
FINANCIAL IMPACT
There is no direct financial impact on the City as a result of this ordinance. Indirectly, it is anticipated that
this ordinance will have a positive financial impact on the community by allowing redevelopment of
nonconforming structures in case of disasters, and encouraging redevelopment. The ordinance would allow
buildings to be rebuilt to their current size, which could result in additional residential and commercial
activity and additional revenue to the City when compared to smaller structures. The change will also
facilitate financing of nonconforming structures, which should help to support investment and property
values.
LIST OF ATTACHMENTS
Planning and Zoning Commission Staff Report -February 20, 2014
• Planning and Zoning Commission Minutes -February 20, 2014
Planning and Zoning Commission Findings of Fact -Case No. 2013-06
Map of Nonconforming Structures
Bill for an Ordinance
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• M E M 0 R A N D
TO: Planning and Zoning Commission
THROUGH: Alan White, Community Development Director
FROM:
DATE:
SUBJECT:
Chris Neubecker, Senior Planner
February 20, 2014
Case 2013-06 -Public Hearing
Nonconforming Structures
Recommendations
u M
The Community Development Department request that the Planning and Zoning
Commission review, take public testimony, and forward to City Council a recommendation
for adoption the proposed amendments to the Unified Development Code of the
Englewood Municipal Code, Title 16, Chapter 9, Nonconformities, relating to
• Nonconforming Structures.
•
Background
In August 2013, the Community Housing Development Association (CHDA) applied to the
City requesting a Zoning Text Amendment to the Unified Development Code concerning
nonconforming structures . The request centered on the fact that damaged or destroyed
nonconforming structures cannot be rebuilt to the same density, if the existing structures
are over the allowed density.
CHDA recently purchased and renovated the Canterbury East (21 units) and Canterbury
South (22 units) Apartments, located at 3550 and 3600 S. Delaware Street, respectively.
The properties are zoned MU-R-3-B, and are used for affordable housing with a variety of
rental rates. The apartment buildings are nonconforming to the existing zoning due to the
number of units. If the buildings were damaged or destroyed to the extent of more than
60% of their value, the existing buildings could not be rebuilt under the current
development code with the same number of units. The new buildings would need to be
reduced in size, with a maximum of 11 units in one building, and 12 units in the other.
Understandably, CHDA and its financing partners are concerned about the potential loss of
value in case of significant damage to the buildings.
The concerns raised by the CHDA are not unique. There are 104 properties in the City that
are nonconforming due to density. (The numbers of units on the properties exceed the
allowed density based on the lot dimensions or the underlying zoning.) If any of these
1000 Englewood Parkway Englewood, Colorado 80110 PHONE 303-762-2342 FAX 303 783-6895
www.e nglewood gov .o rg
properties were to burn down, or were otherwise damaged or destroyed by more than 60%
of the value of the structure, then the rebuilt structures would need to conform to the •
existing zoning at the lower density. This situation can happen when zoning is changed to a
new density lower than that of the pre-existing structures. Due to this potential loss of
value, some lenders have concerns financing these properties. In an effort to support
investment in the community and to maintain the existing density, Staff supports the
proposed code amendment, which would allow nonconforming buildings and structures to
be rebuilt up to their previous density. Furthermore, in an effort to promote economic
development and improve the quality and design of buildings in the City, Staff also supports
voluntary redevelopment of such nonconforming buildings and structures, up to the existing
density.
As proposed, this policy would apply to both residential and nonresidential properties.
Analysis
The proposed text amendment language is broader than originally proposed by the
Community Housing Development Association (CHDA). Based on support from the
Commission and Staff, the proposed ordinance would allow any nonconforming structure
that is damaged or destroyed to be rebuilt. However, the proposal requires that rebuilt
buildings "be brought into compliance as much as practicable with existing standards of this
code". This language gives Staff the flexibility to work with architects and property owners
to find a building design and site plan that accommodates the density, but also updates the •
property to reasonable, current standards.
We believe that this language helps strike an important balance between maintaining value
for the property owner and the desire of the neighborhood for compatibility. For example, a
rebuilt building may not be able to meet setbacks, but might include better landscaping and
more parking. Other projects may include updated design and materials, but may not solve
the site planning issues that previously existed. This flexibility will allow the Staff, property
owner and architect to find the best option for the situation. The new building or structure
would be no less conforming than it existed before redevelopment; in most cases, the new
building or structure will be more conforming.
Voluntary Redevelopment
In addition to disasters such as fire, this proposal would encourage redevelopment of older,
nonfunctional properties through voluntary teardowns and new construction . Language is
proposed to encourage voluntary redevelopment by allowing the existing density to be
rebuilt. Redeveloped and rebuilt structures would be allowed to maintain the existing
density or other nonconformities, but owners would also be asked to come into
conformance with then-current standards, to the extent practicable. Staff believes that this
language encourages redevelopment, although it is unlikely to be used extensively if
additional density or other incentives are not provided.
Timeframe for Redevelopment
The timeframe for rebuilding a nonconforming building has been included in the proposed
ordinance. As proposed, a one year deadline for application for a building permit is
proposed. This will ensure that a site is not cleared for redevelopment (after a disaster or
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voluntarily), then vacant for several years. It will ensure that building owners do not claim
that a nonconforming structure previously existed on the site, with no records or evidence
on file .
Definition of Nonconforming Structures
Following is the existing definition of nonconforming structures. This definition, which along
with the proposed modification to Section 16-9-3, would clarify when current codes and
standards apply:
"Nonconforming Building or Structure: Unless otherwise exempt by Chapter
16-9 EMC, a structure or building, the size, dimensions, or location of which
was lawful prior to the adoption, revision, or amendment to this Title, but
which fails by reason of such adoption, revision, or amendment, to conform to
the present requirements of the zone district in which such structure or
building is located."
No changes are proposed to the current definition. Rather than adding language to the
definition, as previously proposed by Staff and reviewed by the Commission, we have left
the definition as it exists. This will ensure that the definition merely defines nonconforming
buildings and structures, and is not used to regulate.
Recommendation
Major damage or destruction of a nonconforming building or structure will be very rare, and
this text amendment should not negatively impact the community. In some situations, the
building that was destroyed will be rebuilt to look like it did prior to the destruction. In other
cases, the new building will be an improvement on those design elements that were
nonconforming. This code amendment will also encourage voluntary redevelopment of out-
of-date buildings. Either way, these text amendments are significant to investors and lenders,
and should help reduce concerns about financing a real estate investment.
A motion to recommend approval of the proposed code amendments to City Council is
needed.
Next Steps
If the Planning & Zoning Commission recommends approval, we intend to move forward
with first reading of an ordinance by City Council.
Attachments
Amendments to Title 16 pertaining to Nonconforming Structures
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Attachment to Planning Commission Meeting of February 20, 2014
16-9-3: Nonconforming Structures
(New language shown in double underline. Language removed shown in strikethrough.)
A. Applicability and Exemptions. This Section shall apply to all nonconforming
structures, as defined in Chapter 16-11 EMC, except that the following structures shall not
be considered nonconforming structures and shall be considered exempt from the terms
and limitations of this Section and Chapter:
1.
2.
Principal one-unit residential dwellings existing on the effective date of this
Title, and which as of that date are not in compliance with the minimum sffi.e
setback standards established in Chapter 16-6 EMC, shall not be considered
nonconforming structures due solely to the dwelling's noncompliance with
the minimum sffi.e setback standards. Such dwellings are "grandfathered," and
shall be considered legal, conforming structures for the purposes of sale and
development under this Title and other City building and safety regulations.
All future expansions and alterations of such grandfathered dwellings shall
comply with all applicable standards of this Title, including minimum side
setback standards, unless the City grants a variance.
Multi-unit dwellings existing on the effective date of this Title. which are not
in compliance with the required minimum lot area per dwelling unit
standards. shall not be considered nonconforming due solely to
noncompliance with the minimum lot area per dwelling unit standards. Such
dwellings are "grandfathered." and shall be considered legal. conforming
buildings or structures for the purnose of sale and development under this
Title and other City building and safety regulations. However. all future
expansions and alterations of such grandfathered dwellings shall comply with
all applicable standards of this Title. including minimum setbacks standards.
unless the Citv grants a variance.
B. Nonconforming Building or Structure.
1. A nonconforming building or structure may continue to be used, except as
otherwise provided herein.
2. A nonconforming building or structure may be repaired, structurally altered,
or expanded only if the alteration, repair, or expansion complies with this Title. If the
nonconforming building or structure or any portion thereof, is declared unsafe by the Chief
Building Official, the building may be strengthened or restored to a safe condition.
3. Notwithstanding the provisions of subsection A.,a.2, above, a nonconforming
building or structure in a Flood Plain District may be modified, altered, or repaired to
incorporate floodproofing measures, but shall not be extended or expanded .
4. t'Jo nonconforming building or structure that is destroyed or damaged to the
extent of more than sixty percent (60%) of its value, as determined pursuant to the method •
of determining the valuation of buildings for building permit issuance, shall be repaired or
rebuilt except in compliance with the requirements of this Title.
4§.. If a nonconforming building or structure becomes conforming, it shall not be
changed back to a nonconforming building or structure.
56. No person shall move a nonconforming building or structure to another
parcel unless the building or structure and its location on the new parcel comply with the
use regulations of the zone district applicable to the new parcel.
(Ord. 04-5)
C. Redevelopment of Nonconforming Buildings or Structures.
1. The City of Englewood encourages redevelopment of outdated.
nonfunctional or obsolete buildings and structures. In an effort to encourage
redevelopment of such buildings or structures and to promote economic development.
nonconforming buildings and structures may be removed and reconstructed. whether
damaged or not. only in compliance with the following requirements:
a. The reconstructed building or structure shall not be more nonconforming than the
structure as it existed immediately prior to the reconstruction. Redeveloped or
reconstructed buildings or structures shall be allowed up to. but not to exceed. the current •
allowed density or the density of the nonconforming building or structure as it existed
immediately prior to the redevelopment. whichever is greater.
b. The reconstructed building or structure shall be brought into compliance as much as
practicable with existing zoning standards of this code (Examples: setbacks. parking.
landscaping. bulk plane. etc.). The determination of "practicable" will be made by the City
Manager or designee based upon the proposed use and design of the structure. site
conditions. and current industry construction methods and standards . The Citv Manager or
designee shall consider not only what is possible. but also what is reasonable based on the
unique circumstances of the building or structure. proposed use. site conditions. and where
meeting such zoning standards does not create an undue burden on the owner.
c. If the damage to the nonconforming building or structure was caused by the intentional
act or criminal conduct of the owner of the nonconforming building or structure. or the
owner's agent or representative. the building or structure shall only be rebuilt in compliance
with this Title and shall not be considered grandfathered under this Section. and
furthermore shall not be eligible for redevelopment under Section 16-9-3 C of this Title.
d. Regardless of any waivers or lessening of standards otherwise required in this Title. all
new development (including reconstruction of nonconforming buildings or structures) shall
meet the applicable building. fire and safety codes in effect at the time of application for a •
building permit.
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Application Process.
1. Reconstruction of a nonconforming building or structure shall follow the Zoning Site
Plan Review process identified in Section 16-2-9 of this Title. unless variances are
requested for other dimensional or development standards. In such cases. variances
shall follow the Zoning Variance process in Section 16-2-16 of this Title.
2. A building permit application for reconstruction of a damaged or destroyed
nonconforming building or structure shall be submitted within one (1) year from the
date of the event that caused the damage or destruction. If no building permit
application is submitted within one (1) year. damaged or destroyed nonconforming
buildings or structures on the site shall no longer be eligible for redevelopment
under Section 16-9-3 C above. and redevelopment shall conform to the dimensional
and development standards of the applicable zone district.
CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
REGULAR MEETING
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I.CALL TO ORDER
Englewood Civic Center City Council Chambers
February 20, 2014
The regular meeting of the City Planning and Zoning Commission was called to order at
7:00 p.m. in the City Council Chambers of the Englewood Civic Center, Chair Brick
presiding.
Present:Roth, Knoth, Brick, Kinton, Townley, Fish, Freemire, Madrid (alternate)
Absent: Bleile (Excused), King (Excused)
Staff:Alan White, Director, Community Development
Chris Neubecker, Senior Planner
Dan Brotzman, City Attorney
Chair Brick added election of officers to the agenda .
.....
II.APPROVAL OF MINUTES
February 4, 2013
Fish moved;
Freemire seconded: TO APPROVE THE FEBRUARY 4, 2013 MINUTES
Chair Brick asked if there were any modifications or corrections. Mr. Fish requested
that the attendance record be modified to remove Mr. Welker and reflect that Ms.
Townley and Mr. Knoth were in attendance .
AYES:Fish, Kinton, Knoth, Roth, Townley, Freemire
NAYS: None
ABSTAIN:Brick
ABSENT:Bleile, King
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Motion carried . ....
Ill.PUBLIC HEARING 2013-06 NON-CONFORMING STRUCTURES
Fish moved;
Knoth seconded: To open public hearing for Case #2013-06 Non-Conforming
Structures
AYES:Fish, Kinton, Knoth, Roth, Townley, Freemire, Brick
NAYS:None
ABSTAIN: None
ABSENT:Bleile, King
Chris Neubecker, Senior Planner, was sworn in. Mr. Neubecker reviewed the history of
Case #2013-06 Non-Conforming Structures. The issue was raised when the Community
Housing Development Association (CHDA) contacted the City in August, 2013,
requesting a zoning text amendment. The existing UDC contains language which
prohibits non-conforming structures from being rebuilt to the same size and scale as
they currently exist if that element of the design is not conforming. CHDA purchased
and renovated properties in the MU-R-3B district that are over the allowed density for
that site (21 and 22 units each) based on the lot area. If the buildings were destroyed or
incurred damage of 60% or more based on cost, the buildings could only be rebuilt at
11 and 12 units respectively. The entities financing the properties are concerned
because of the potential loss of value.
The UDC was reviewed and revised language is being proposed to allow the buildings
to be rebuilt. Language has also been revised to allow voluntary redevelopment in the
event that a property owner would want to demolish and rebuild, even when there is no
damage to the building. A time limit is also proposed that would require the applicant
to obtain a building permit within one year from the time the building was damaged or
destroyed.
Staff recommends that the text amendment be submitted to City Council for First
Reading . ....
Questions from the Commission:
Ms. Townley requested clarification that the issue is the non-conforming structure or the
land use. Mr. Neubecker responded that this ordinance does not address the
nonconforming use of the land, only the structure.
Mr. Knoth asked if the density could be increased; Mr. Neubecker responded that the
structure could be rebuilt to the current allowed density for that zoning area or the
previous density of the non-conforming structure, whichever is greater.
Mr. Freemire inquired as to what the remedy would be for an aggrieved party who did
not agree with the changes made by the Planning and Zoning Commission. Mr.
Neubecker responded that the decision would be made by staff and would not come
before the Planning and Zoning Commission. Appeals of administrative decisions go to
the Board of Adjustments and Appeals.
Mr. Roth commented on the actual number of structures in R-1-A, of which 5 are
known, and the desire of City Council to preserve the standards for R-1-A. He
expressed that in C (1 )(b) of the proposal, he was concerned with the language in the
last sentence regarding "undue burden on the owner" in regards to meeting the zoning
standards. Mr. Neubecker explained that the intent is to determine the impact of the
redevelopment in the area and the rights of property owners, seeking a balance
between the two. Mr. Roth asked who makes the determination of undue burden and
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Mr. Neubecker responded that the staff is responsible for the administrative decisions •
regarding redevelopment.
Mr. Fish asked how it is determined if a property is deemed to be non-conforming in
light of the fact that there is no accurate list of properties. Mr. Neubecker replied that
the list that the Community Development department has is a list of non-conformities
based specifically on lot size and existing density. The list is created using information
from Arapahoe County Assessors office, which contains information regarding the
number of units in a structure.
Dan Brotzman, City Attorney, was sworn in to address the issue of "undue burden" as it
relates to property development. Mr. Brotzman explained that "undue burden" will
always be defined by discussion between Staff and the property owner. Mr. Brotzman
·agreed to supply the Commission with a document defining "undue burden."
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Chair Brick verified that the City Attorneys office would like "undue burden" to not be
tied to economic factors .
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Chris Neubecker, Senior Planner, stated that when applicants seek remedy with the
Board of Adjustments, the result is generally a variance. He read the standards that •
• apply to variances, and suggested that similar criteria would be used to determine
"undue burden". He offered that the language in 16-9-3:C(1 )(b) can be amended to
delete the statement "and where meeting such zoning standards does not create an
undue burden on the owner."
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Jo Ellen Davidson, Director of Community Housing Development Association (CHDA),
325 Inverness Drive South, Englewood, was sworn in.
Ms. Davidson thanked the Commissioners for their consideration of CHDAs request for
amendment. Ms. Davidson described the mission of the CHDA and its history in
Englewood. She supplied the Commissioners with information regarding the financial
investment CHDA has made in the buildings comprising the Canterbury East and South
apartments and the Presidential Arms apartments in Englewood. One objective of
CHDA is to make a significant improvement in the community. Their funding is from a
variety of both public and private resources. She expressed that they are concerned
over the potential loss of the properties in light of the fact that all improvements are
completed up front when CHDA acquires the property . They have a long term
commitment to the properties and make improvements for long term use .
.....
• The Commissioners did not have any questions for Ms. Davidson.
•
Staff did not have a rebuttal to present.
Mr. Knoth motioned;
Mr. Fish seconded: To close the public hearing for Case #2013-06 Non-Conforming
Structures
AYES:Fish, Kinton, Knoth, Roth, Townley, Freemire, Brick
NAYS:None
ABSTAIN: None
ABSENT:Bleile, King
Motion to approve staff recommendation for Case #2013-06 Non-Conforming
Structures
Knoth moved;
Roth seconded: TO APPROVE STAFF RECOMMENDATION FOR CASE #2013-06
NON CONFORMING STRUCTURES
Mr. Roth offered a friendly amendment to strike language from 16-9-3 C(1 )(b) "and
where meeting such zoning standards does not create an undue burden on the owner."
Mr. Brick commented that in line with the Comprehensive Plan, it is important to
support organizations both private and public that are interested in improving the
housing stock in the City of Englewood and it is important that the Commission support
these efforts , particularly for buildings such as CHDAs to promote the health and
welfare of the community.
Mr. Fish agreed with the exclusion of the language due to the fact that the property
owner does have recourse if they disagree with the decision of the staff.
Mr. Knoth commented that the amendment would protect the income of the property
owner by insuring that they could continue to receive the same income from the
property if they are allowed to reconstruct the building with the same number of units.
Mr. Fish added that the Board of Adjustment and Appeals does not rule based on
monetary issues, but strictly deals with variances which are exceptions to the code
regarding safety issues. His experience with the Board of Adjustment and Appeals is
that they would not rule based on financial impact.
Mr. Roth reiterated that the intent of the change in the zoning code is to allow the
owner to rebuild to the original density .
.....
Vote: TO APPROVE CASE #2013-06 NON CONFORMING STRUCTURES AS
RECOMMENDED BY STAFF WITH FRIENDLY AMENDMENT TO STRIKE LANGUAGE
IN 16-9-3 C(1 )(b) "AND WHERE MEETING SUCH ZONING STANDARDS DOES NOT
CREATE AN UNDUE BURDEN ON THE OWNER."
.....
Mr. Fish -We have series of non-conforming buildings that will continue to degrade
and as a community need to seek a mechanism to maintain and improve these
buildings. As evidenced by testimony received, at least one situation has occurred in
which these buildings that were non-conforming have not only been maintained but
improved. This is something that needs to be encouraged by the city as it pertains to
the Comprehensive Plan. Higher density exceptions have been granted through the
PUD process as exceptions to the underlying zoning structure and this is a trend for the
City of Englewood and may be included in a future Comprehensive Plan to align with
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the trend not only in Englewood but nationally.
Mr. Kinton agreed with Mr. Fish that anything that can be done to improve the housing
stock should be encouraged .
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AYES:Fish, Kinton, Knoth, Roth, Townley, Freemire, Brick
NAYS:None
ABSTAIN: None
ABSENT:Bleile, King
Motion carries.
IV.PUBLIC HEARING 2013-09 ZONING SITE PLAN REVIEW
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Knoth moved;
Roth seconded: TO OPEN THE PUBLIC HEARING FOR CASE #2013-09 ZONING SITE
PLAN REVIEW
AYES:Fish, Kinton, Knoth, Roth, Townley, Freemire, Brick
NAYS:None
ABSTAIN:None
ABSENT:Bleile, King
.....
Chris Neubecker, Senior Planner, described the Zoning Site Plan Review process as
outlined in 16-2-9 of the UDC. The proposed amendment would change the title of 16-
2-9 to Site Improvement Plan Review. The proposed amendment would outline the
process staff uses to review an application that is not otherwise going to the Planning
and Zoning Commission. Examples are a building permit, review of a landscaping
plan, a major site plan and projects that are not large enough to require Planning
Commission or Board of Adjustment approval. The majority of the work performed by
current planning staff is review of plans against current codes .
.....
The proposed changes would allow an applicant to go through the Site Improvement
Plan process before moving on to the permitting process which requires a higher level
of detail and formal building plans. The process is not always about zoning, but about
the actual layout of the site itself. The proposed changes would clarify when the Site
Plan Review process is necessary and also the types of application materials that are
required to be submitted including the size and the scale of the plans for review.
Should a property owner be challenged by these requirements, staff can assist with
creating plans containing the information . ....
The major changes proposed include changing the title of the code to Site Improvement
Plan Review, the requirement of plan review for large site work projects and
landscaping over $5,000 in value, alterations of floor area in excess of 10% of the floor
area or reduction in the setback to a property line, additional detail on the plans
submitted and minor syntax changes that improve the readability and enforceability of
the code. Previous recommendations, including language on the DRT (Development
Review Team), have been removed from the proposed amendment. Site Improvement
Plan Review remains an administrative function and appeals to administrative decisions
are made through the Board of Adjustments and Appeals .
.....
Ms. Townley asked if this process would apply to any type of property. Mr. Neubecker
responded that it would apply to all properties regardless of zone area. He also
clarified that the requirement for the process would not preclude a property owner from
occupying their home.
Mr. Freemire commented on the language in 16-2-9 A(5) and the threshold of $5,000
for the project value. He suggested that some type of multiplier or index be included to
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account for inflation and increased cost of a project. Mr. Neubecker stated that there is •
not precedence for including a contingency for inflation, which would be difficult to
calculate and hard for some people to understand.
Mr. Roth questioned the need for the additional language in 16-2-9 (A)(4) regarding
residential driveways. The current code does not contain a definition of a residential
driveway. Mr. Neubecker supplied the Commissioners with information on the
definition of a driveway as it is stated in the City of Englewood UDC as well as from
other sources. The reason for adding the phrase "residential driveway" is to clarify that
Site Improvement Plan Review is not necessary, and to eliminate a conflict with a
previous citizens initiative .
.....
Mr. Fish noted a change to 16-2-9 (8)(3) to correct a typographical error "Sites ~
10,000 square feet: Scale 1" = 10. ..... -
Fish proposed changes to 16-2-9 0(1 )(band e) to associate the term "compliance" with
standards and policy, and the term "consistency" with guidelines . ....
No public was present at the hearing.
•
• Alan White, Director, spoke about the 180 day time limit as a commonly accepted
standard for a time frame for a project to be completed from the time it has gone
through the Site Improvement Plan Review process . ....
Knoth moved;
Roth seconded: TO CLOSE THE PUBLIC HEARING FOR CASE #2013-09 SITE
IMPROVEMENT PLAN REVIEW
AYES:Fish, Kinton, Knoth, Roth, Townley, Freemire, Brick
NAYS:None
ABSTAIN: None
ABSENT:Bleile, King
Knoth moved;
Fish seconded : TO APPROVE CASE #2013-09 ZONING SITE PLAN REVIEW AS
WRITTEN BY STAFF ....
Mr. Fish requested that the length of the lapse between review and implementation be
changed from 60 days to 180 days. Mr. Knoth accepted the Friendly Amendment. The
• clerical error will be corrected to reflect the proper scale for plans.
•
AYES :Fish, Kinton, Knoth, Roth, Townley, Freemire , Brick
NAYS:None
ABSTAIN: None
ABSENT:Bleile, King
Motion passes.
IV.PUBLIC FORUM
No Public was present.
V.ATIORNEYS CHOICE ....
Attorney Brotzman had no comment. ....
VI.STAFFS CHOICE
Mr. Neubecker announced that the March 4th meeting will be a continuation of the
discussion regarding the TSA overlay in the industrial area. Staff members attended the
"Safe Routes to School" meting and information received was helpful. He thanked
Commissioner Townley and Commissioner Kinton for attending .
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VII.COMMISSIONERS CHOICE
Chair Brick requested a motion for a nomination for Chair.
Mr. Roth moved;
Mr. Knoth seconded: To nominate Mr. Fish for Chair and Mr. King for Vice Chair of
the Commission
AYES:Fish, Kinton, Knoth, Roth, Townley, Freemire, Brick
NAYS:None
ABSTAIN: None
ABSENT:Bleile, King
.....
Ms. Townley -Legislation in House of Representatives may allow Planning and Zoning
commissioners to receive pay. She also attended a meeting with DRCOG regarding
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Healthy Spaces in regard to Comprehensive Plan and is encouraging cities to include •
health and safe routes to school.
Mr. Fish complimented staff for the helpful way in which the cases were presented for
consideration and for the information provided to the Commission regarding Home
Occupations and City Councils opinion .
.....
The meeting adjourned at 8:40 p.m.
/s/ Julie Bailey, Recording Secretary
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
IN THE MA ITER OF CASE #2013-06,
FINDINGS OF FACT, CONCLUSIONS
AND RECOMMENDATIONS RELATING
TO THE AMENDMENT OF THE UNIFIED
DEVELOPMENT CODE NONCONFORM-
ING STRUCTURES
INITIATED BY:
COMMUNITY DEVELOPMENT
DEPARTMENT
1000 ENGLEWOOD PARKWAY
ENGLEWOOD, CO 80110
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FINDINGS OF FACT AND
CONCLUSIONS OF THE
CITY PLANNING AND
ZONING COMMISSION
Commission Members Present: Fish , Freemire, Knoth, Roth , Kinton, Brick, Townley
Commission Members Absent: Bleile, King
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This matter was heard before the City Planning and Zoning Commission on February 20,
2014 in the City Council Chambers of the Englewood Civic Center.
Testimony was received from staff and one member of the public was present and testified
at the hearing. The Commission received notice of Public Hearing, the Staff Report, and a
copy of the proposed amendment to the Unified Development Code which were
incorporated into and made a part of the record of the Public Hearing.
After considering the statements of the witnesses, and reviewing the pertinent documents,
the members of the City Planning and Zoning Commission made the following Findings
and Conclusions.
FINDINGS OF FACT
1. THAT the Public Hearing on the Amendment of the Unified Development Code
Section 16-9-3 Nonconforming Structures was brought before the Planning
Commission by the Department of Community Development, a department of the City
of Englewood.
2. THAT notice of the Public Hearing was published in the Englewood Herald on February
7, 2014 and was on the City's website from February 61h through 201h.
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3. THAT all testimony received from staff members and the public has been made part of
the record of the Public Hearing.
4. THAT the change in the zoning code would allow an owner of a Nonconforming
Structure to rebuild to the original density in the event of destruction or damage of
more than 60% of cost.
5. THAT voluntary redevelopment would be allowed in the event that a property owner
would choose to demolish and rebuild to the current allowed density for_ that zoning
district or to the previous density of the nonconforming structure, whichever is greater.
6. THAT a Building Permit application to rebuild any building or structure destroyed or
damaged would be required to be submitted within one (1) year from the date of the
event that caused such damage, and that if such Building Permit is not submitted with
one (1) year, then such rebuilt a structure shall comply with all applicable zoning codes
and shall conform to the dimensional and development standards of the applicable
zone district.
7. THAT the City staff is aware of 104 structures in the City that are nonconforming due
to their density or unit count.
8. THAT the existing nonconforming structures in the City will degrade over time, and
that the City encourages renovation of the local housing stock.
9. THAT the proposed amendments related to the Nonconforming Structures are
consistent with the goals and objectives of Roadmap Englewood: The 2003 Englewood
Comprehensive Plan, which supports renovation and improvements to local housing.
10. THAT higher density has been approved in Planned Unit Developments in the past,
and that the trend in Englewood is to encourage higher density.
11. THAT the proposed Amendments related to Section 16-9-3 Nonconforming Structures
should be adopted as part of Title 16: Unified Development Code of the Englewood
Municipal Code.
CONCLUSIONS
1. THAT the Public Hearing on the Amendment of the Unified Development Code
Zoning Site Plan Review was brought before the Planning Commission by the
Department of Community Development, a department of the City of Englewood.
2. THAT notice of the Public Hearing was published in the Englewood Herald on
February 7, 2014 and was on the City's website from February 6th through 20th.
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3 . THAT all testimony received from staff members and the public has been made part •
of the record of the Public Hearing.
4. THAT the change in the zoning code should allow an owner of a Nonconforming
Structure to rebuild to the original density in the event of destruction or damage of
more than 60% of cost.
5. THAT voluntary redevelopment should be allowed in the event that a property
owner would choose to demolish and rebuild to the current allowed density for that
zoning district or to the previous density of the nonconforming structure, whichever
is greater.
6. THAT a Building Permit application to rebuild any building or structure destroyed or
damaged should be required to be submitted within one (1) year from the date of
the event that caused such damage, and that if such Building Permit is not submitted
with one (1) y ear, then such rebuilt a structure shall comply with all applicable
zoning codes and shall conform to the dimensional and development standards of
the applicable zone d istrict.
7. THAT the City staff is aware of 104 structures in the City that are nonconforming
due to their density or unit count.
8. THAT the existing nonconforming structures in the City will degrade over time, and •
that the City encourages renovation of the housing stock.
9 . THAT the proposed amendments related to the Nonconforming Structures are
consistent with the goals and objectives of Roadmap Englewood: The 2003
Englewood Comprehensive Plan , which supports renovation and improvements to
local housing.
10. THAT higher density has been approved in Planned Unit Developments in the past,
and that the trend in Englewood is to encourage higher density.
11 . THAT the proposed amendments related to Section 16-9-3 Nonconforming
Structures are consistent with the goals and objectives of Roadmap Englewood: The
2003 Englewood Comprehensive Plan and the Englewood.
12. THAT the proposed Amendments related to Section 16-9-3 Nonconforming
Structures should be adopted as part of Title 16: Unified Development Code of the
Englewood Municipal Code.
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DECISION
THEREFORE, it is the decision of the City Planning and Zoning Commission that Case
#2013 -06, Amendments to Section 16-9-3 Nonconforming Structures should be referred to
the City Council with a favorable recommendation.
The decision was reached upon a vote on a motion made at the meeting of the City
Planning and Zoning Commission on February 20, 2014, by Mr. Knoth, seconded by Mr.
Fish, which motion states:
CASE #2013-06, AMENDMENTS TO TITLE 16: UNIFIED DEVELOPMENT CODE RELATED TO
16-9-3 NONCONFORMING STRUCTURES AS STATED BE
RECOMMENDED FOR APPROVAL TO C/7Y COUNCIL WITH A
FAVORABLE RECOMMENDATION WITH THE FOLLOWING
CONDITION:
AYES:
NAYS:
ABSTAIN:
ABSENT:
1. 16-9-3 C(7)(B): TO STRIKE THE PROPOSED LANGUAGE "AND
WHERE MEETING SUCH ZONING STANDARDS DOES NOT CREA TE
AN UNDUE BURDEN ON THE OWNER."
Knoth, Roth, Fish, Brick, Kinton, Freemire, Townley
None
None
Bleile, King
Motion carried.
These Findings and Conclusions are effective as of the meeting on February 20, 2014.
BY ORDER OF THE CITY PLANNING & ZONING COMMISSION
John Brick, Chair
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0 MU l R-3-8 PUD
JEFFERSON A VE.
KENYON AVE.
LEHIGH AVE. City of Englewood, Colorado
MANSFIELD AVE. Locations of Nonconforming
Duplexes and Apartment
NASSAU AVE. Buildings Based on Current
OXFORD AVE.
PRINCETON A VE.
QUINCY AVE.
RADCLIFF A VE.
STANFORD AVE.
TUFTS AVE.
UNION AVE.
LAYTON AVE.
CHENANGO AVE.
GRAND AVE.
Lot Area Requirements per Unit
LEGEND
Nonconforming Duplex
• Nonconforming Apartments
C Zoning District Boundaries
December 2013
0 1,200 2,400
CENTENNIAL AVE.
Feet
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 22
INTRODUCED BY COUNCIL
MEMBER -------
A BILL FOR
AN ORDINANCE AMENDING TITLE 16 , CHAPTER 2, SECTION 2 AND CHAPTER 9,
SECTION 3, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO
NONCONFORMING STRUCTURES.
WHEREAS, in August 2013, the Community Housing Development Association (CHDA)
applied to the City requesting a zoning text amendment to the Unified Development Code
concerning nonconforming structures. The request centered on the fact that damaged or
destroyed nonconforming structures cannot be rebuilt to the same density, if the existing
structures are over the currently allowed density; and
WHEREAS , CHDA recently purchased and renovated the Canterbury East (21 units) and
Canterbury South (22 units) Apartments, located at 3550 and 3600 South Delaware Street,
respectively. If these properties are zoned MU-R-3-B , and are used for affordable housing with a
variety of rental rates. If these apartment buildings were damaged or destroyed to the extent of
more than 60% of their value, the existing buildings could not be rebuilt under the current
development code with the same number of units. The new buildings would need to be reduced
in density, with a maximum of 11 units in one building, and 12 units in the other. CHDA and its
financing partners are concerned about the potential loss of value in case of significant damage to
the buildings; and
WHEREAS, the concerns raised by the CHDA are not unique. There are 104 properties in
the City that are nonconforming due to density; and
WHEREAS, if any of these properties were to bum down, or were otherwise damaged or
destroyed by more than 60% of the value of the structure, the rebuilt structure would need to
conform to the existing zoning at the lower density; and
WHEREAS , due to this potential loss of value, some lenders have concerns about the
financing of these properties ; and
WHEREAS , the proposed text amendment language is broader than originally proposed by
the Community Housing Development Association (CHDA).
WHEREAS, based on support from the Commission and Staff, the proposed ordinance would
allow any nonconforming structure that is damaged or destroyed to be rebuilt at its original
density. However, the proposal requires that rebuilt buildings "be brought into compliance as
much as practicable with existing standards of this Code"; and
WHEREAS, this language gives staff the flexibility to work with architects and property
owners to find a building design and site plan that accommodates the density, but also updates
the property to current standards; and
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WHEREAS, a one year timeframe for submitting a building permit application to rebuild a
nonconforming building has been included in the proposed ordinance; and
WHEREAS, the Englewood Planning and Zoning Commission recommended
approval of these changes at the February 20, 2014 meeting.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 16, Chapter 2 , Section 2 entitled Summary Table of Administrative and Review Roles
of the Englewood Municipal Code 2000, to read as follows:
16-2-2: Summary Table of Administrative and Review Roles.
The following table summarizes the review and decision-making responsibilities of the entities
that have specific roles in the administration of the procedures set forth in this Chapter. For
purposes ofthis table, an "(Approval) Lapsing Period" refers to the total time from the
application's approval that an applicant has to proceed with, and often complete, the approved
action. Failure to take the required action within the specified "lapsing period" will automatically
void the approval. See Section 16-2-3.L EMC, "Lapse of Approval," below.
Adaptive Reuse of Designated 16-5-3 .I R R D .I .I None
Historical Buildings
Administrative Adjustments 16-2-17 .I D A None
Administrative Land Review 16-2-11 .I D A 60 days to record
Permit
Amendments to the Text of 16 -2 -6 R R D .I None
this Title
Annexation Petitions 16-2-5 .I R R D .I .I None
Appeals to Board 16-2-18 .I D .I None
Comprehensive Plan 16-2-4 R R D .I None
Amendments
Conditional Use Permits 16-2-12 .I R D A .I .I 1 year
Conditional Use -16-7 .I R D A .I .I .I None
Telecommunication
Development Agreements 16-2-15 R D As stated in
Agreement
Floodplain Dev't. Permit and See Chapter 16-4 for applicable procedures and standards
Floodplain Variances
Historic Preservation 16-6-11 .I R R D .I .I None
Landmark Sign 16 -6 -13 .I D A .I .I
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Limited Review Use Pennits 16-2-13 .I D A 1 year
Major Subdivisions 16-2-10
Preliminary Plat .I R R D .I .I .I 6 months to
submit Final Plat
Final Plat R R D .I .I .I 60 days to record
Simultaneous Review .I R R D .I .I .I 60 days to record
Preliminary Plat/Final Plat
Recorded Final Plat None
Minor Subdivision 16-2-11
Preliminary Plat .I D A 6 months to
submit Final Plat
Final Plat D A 60 days to record
Recorded Final Plat None
l':fom.<Qnforming Strui.;tures 16-9-3 .I ~ A
Official Zoning Map 16-2-7 .I R R D .I .I .I None
Amendments (Rezonings)
PUD and TSA Rezonings 16-2-7 .I R R D .I .I .I None
Temporary Use Pennits 16-2-14 .I D A As stated in
Pennit
Unlisted Use Classifications 16-5-.I D A None
1.B
Zoning Site Plan 16-2-9 D A 3 years
Zoning Variances 16-2-16 .I R D .I .I 180 days
CM/D =City Manager or Designee (Including the Development Review Team)
PC = Planning and Zoning Commission
CC = City Council
BAA = Board of Adjustment and Appeals
1 Notice Required: See Table 16-2-3.1 Summary of Mailed Notice Requirements
Section 2. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 16, Chapter 9, Section 3 entitled Nonconforming Structures of the Englewood Municipal
Code 2000, to read as follows:
16-9-3 Nonconforming Structures.
A. Applicability and Exemptions. This Section shall apply to all nonconforming structures,
as defined in Chapter 16-11 EMC, except that the following structures shall not be
considered nonconforming structures and shall be considered exempt from the terms and
limitations of this Section and Chapter:
1. Principal one-unit residential dwellings existing on the effective date of this Title,
and which as of that date are not in compliance with the minimum side setback
standards established in Chapter 16-6 EMC, shall not be considered
nonconforming structures due solely to the dwelling's noncompliance with the
minimum side setback standards. Such dwellings are "grandfathered," and shall be
considered legal, conforming structures for the purposes of sale and development
under this Title and other City building and safety regulations . All future
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expansions and alterations of such grandfathered dwellings shall comply with all
applicable standards of this Title, including minimum si6e setback standards,
unless the City grants a variance.
fr,. Multi-unit dwellings existing on the effective date ofthis Title. which are not in
compliance with the required minimum lot area per dwelling unit standards. shall
not be considered nonconforming due solely to noncompliance with the minimum
lot area per dwelling unit standards. Such dwellings are "grandfathered." and shall
be considered legal. conforming buildings or structures for the puroose of sale and
development under this Title and other City building and safety regulations.
However. all future expansions and alterations of such grandfathered dwellings
shall comply with all applicable standards of this Title. including minimum
setbacks standards. unless the City grants a variance.
B. Nonconforming Building or Structure.
1. A nonconforming building or structure may continue to be used, except as
otherwise provided herein.
2. A nonconforming building or structure may be repaired, structurally altered, or
expanded only if the alteration, repair, or expansion complies with this Title. If the
nonconforming building or structure or any portion thereof, is declared unsafe by
the Chief Building Official, the building may be strengthened or restored to a safe
condition.
3. Notwithstanding the provisions of subsection A !!.2, above, a nonconforming
building or structure in a Floodplain District may be modified, altered, or repaired
to incorporate floodproofing measures, but shall not be extended or expanded.
~ }fo Fl:OF160Rforming ln1ildffig or strashlre that is destroyed or damaged to the ~cteflt
of more thafl sbcty 13ereeflt (00%) of its value, as determined }3\clfsuaBt to the
method of determi:eiflg the valuatiofl of auildings for auilding 13ermit issuanee,
shall he re}3aired or reauilt exee}3t in eoffii3lianee ·.vith the reEfUireraeFlts of tills
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,5 ~-If a nonconforming building or structure becomes conforming, it shall not be
changed back to a nonconforming building or structure.
9 ~-No person shall move a nonconforming building or structure to another parcel
unless the building or structure and its location on the new parcel comply with the
use regulations of the zone district applicable to the new parcel.
C_,_ Redevelopment of Nonconforming Buildings or Structures.
1. The City of Englewood encourages redevelopment of outdated. nonfunctional or
obsolete buildings and structures. In an effort to encourage redevelopment of such
buildings or structures and to promote economic development. nonconforming
buildings and structures may be removed and reconstructed. whether damaged or
not. only in compliance with the following requirements:
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The reconstructed building or structure shall not be more nonconforming
that the structure as it existed immediately prior to the reconstruction.
Redeveloped or reconstructed buildings or structures shall be allowed up to.
but not to exceed. the density of the nonconforming building or structure as
it existed immediately prior to the redevelopment. whichever is greater.
h,. The reconstructed building or structure shall be brought into compliance as
much as practicable with existing zoning standards of this Code CExamples:
setbacks. parking. landscaping. bulk plane. etc.). The determination of
"practicable" will be made by the City Manager or designee based upon the
proposed use and design of the structure. site conditions. and current
industrv methods and standards. The City Manager or designee shall
consider not only what is possible. but also what is reasonable based on the
unique circumstances of the building or structure. proposed use. and site
conditions.
c . If the damage to the nonconfonning building or structure was caused by the
intentional act or criminal conduct of the owner of the nonconforming
building or structure. or the owner's agent or reoresentative. the building or
structure shall only be rebuilt in compliance with this Title and shall not be
considered grandfathered under this Section. and furthermore shall not be
eligible for redevelopment under Section 16-9-3CC) EMC .
Regardless of any waivers or lessening of standards otherwise required in
this Title. all new development (including reconstruction of nonconforming
buildings or structures) shall meet the applicable building. fire and safety
codes in effect at the time of application for a building permit.
D . Application Process.
1. Reconstruction of a nonconforming building or structure shall follow the Site
Improvement Plan Review process identified in Section 16-2-9 EMC. unless
variances are requested for other dimensional or development standards . In such
cases. variances shall follow the Zoning Variance orocess in Section 16-2-16
EMC .
2. A building permit application for reconstruction of a damaged or destroyed
nonconforming building or structure shall be submitted within one (1) year from
the date of the event that caused the damage or destruction. If no building permit
application is submitted within one (1) year. damaged or destroyed nonconforming
buildings or structures on the site shall no longer be eligible for redevelopment
under Section 16-9-3CC) EMC . above and the redevelopment shall conform to the
dimensional and development standards of the applicable zone district
E. Appeals .
Any appeal from the City Manager or designee 's decision shall be to the Board of
Adjustment and Appeals pursuant to 16-2-18CB) EMC .
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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.
Introduced, read in full, and passed on first reading on the 7th day of April, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 11th day of
April, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 9th day of
April, 2014 for thirty (30) days.
ATTEST:
Randy P. Penn, Mayor
Loucrishia A . Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on
first reading on the 7th day of April, 2014 .
Loucrishia A. Ellis
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO . 14
INTRODUCED BY COUNCIL
MEMBER WILSON
AN EMERGENCY ORDINANCE CREATING A MORATORIUM ON THE
ESTABLISHMENT OF ANY NEW MEDICAL MARimANA BUSINESS WHICH SELLS,
MANUFACTURES OR CULTIVATES MEDICAL MARimANA.
WHEREAS, the Englewood City Council received complaints concerning posting and criteria
for businesses which manufacture or cultivate medical marijuana at the meeting of February 18,
2014;and
WHEREAS, Council made a motion to implement an emergency ordinance creating a
moratorium on the establishment of medical marijuana businesses which manufacture or
cultivate medical marijuana; and
WHEREAS, Council desires a six month moratorium on any future applications for any
Medical Marijuana businesses which manufacturer or cultivate medical marijuana to evaluate the
City's current posting requirements and criteria for such businesses; and
WHEREAS , staff will evaluate this information and forward it on to the Englewood Liquor
and Marijuana Licensing Authority for recommendations ultimately to City Council; and
WHEREAS, the moratorium allows the two current applicants for the Medical Marijuana
Optional Premises Cultivation licenses to be reviewed by the Englewood Liquor and Medical
Marijuana Licensing Authority; and
WHEREAS, if the Englewood Liquor and Medical Marijuana Authority finds that the current
applicants for the Medical Marijuana Optional Premises Cultivation Licenses were posted
incorrectly, they will be allowed to correct the posting immediately; and
WHEREAS, Council added Medical Marijuana Centers to the moratorium at the March 17,
2014 Council Meeting.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT THERE SHALL BE A MORATORIUM FOR THE
MEDICAL MARimANA OPTIONAL PREMISES CULTIVATION LICENSES.
Section 1. An emergency is hereby declared requiring immediate passage of this Ordinance
for the immediate preservation of the public property, health, peace and safety; it is hereby
declared that an emergency exists and that this Ordinance shall take effect upon its final passage .
11 bi
Section 2. The moratorium allows the two current applicants for the Medical Marijuana
Optional Premises Cultivation Licenses to be reviewed by the Englewood Liquor and Medical
Marijuana Licensing Authority to determine if they had posted their Public Hearing Notices
correctly and if found incorrect, they will be allowed to correct the posting immediately.
Complete applications for Centers submitted prior to April 7, 2014 will be processed.
Section 3 . The moratorium declares a six month moratorium on any future Medical
Marijuana Centers, Manufacture Infused Products and Optional Premises Cultivation License
applications.
Section 4. During said moratorium the City Council directs City staff to develop appropriate
recommendations to Council, consistent with the Constitutional Amendment language and State
regulations .
Section 4 . The City Council finds the provisions of this Ordinance are temporary in nature
and are intended to be replaced by subsequent legislative enactment so that the moratorium or
temporary suspension as specified in this Ordinance shall terminate after October 7, 2014.
Introduced, read in full, and passed on first reading as an emergency Ordinance on the 3rd day
of March, 2014.
Published by Title as an Emergency Bill for an Ordinance in the City's official newspaper on the
7th day of March, 2014.
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Published as an Emergency Bill for an Ordinance on the City's official website beginning on the •
5th day of March, 2014 for thirty (30) days.
Read by title, amended and passed as amended on the 17th day of March, 2014.
Published by title as an amended Emergency Bill for an Ordinance in the City's official
newspaper on the 21st day of March, 2014.
Published as an amended Emergency Bill for an Ordinance on the City's official website
beginning on the 19th day of March, 2014 for thirty (30) days.
Read by title as amended and passed as amended on final reading on the 7th day of April, 2014.
Published by title as amended in the City's official newspaper as Ordinance No ._, Series of
2014, on the 11th day of April, 2014.
Published by title as amended on the City official website beginning on the 9th day of April,
2014 for thirty (30) days.
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This Ordinance shall take effect immediately upon final reading on the 7th day of April, 2014.
Randy P. Penn, 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 amended Emergency Ordinance passed on final reading
and published by title as Ordinance No. _, Series of 2014.
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
April 7, 2014 11 c i Resolution for a year-end supplemental appropriation
to the 2013 Budget
Initiated By: Staff Source:
Finance and Administrative Services Department Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council has not discussed this supplemental appropriation or transfer specifically. Council approved
the 2013 Budget and Appropriations Ordinances on final reading on October 15, 2012. Council is
scheduled to discuss the audit and 2013 Comprehensive Annual Financial Report at the May 19, 2014
Study Session.
RECOMMENDED ACTION
Staff recommends City Council approve the attached resolution for a supplemental appropriation to the
2013 Budget for the following funds:
SOURCES AND USES OF FUNDS:
GENERAL FUND:
SOURCE OF FUNDS:
Building Division Plan Review Fees Offsetting Related Expenditures $120,000
USE OF FUNDS:
Fire Department -Professional Services $120,000
CENTRAL SERVICES FUND:
SOURCE OF FUNDS:
Unassigned Fund Balance $10,000
USE OF FUNDS:
Unanticipated Equipment Purchases $10,000
NEIGHBORHOOD STABILIZATION FUND:
SOURCE OF FUNDS:
Unassigned Fund Balance (Fund Close Out) $30,000
USE OF FUNDS:
Transfer Out to Housing Rehabilitation Fund $30,000
HOUSING REHABILITATION FUND:
SOURCE OF FUNDS:
Transfer In From Neighborhood Stabilization Fund $30,000
USE OF FUNDS:
Unassigned Fund Balance $30,000
CONCRETE UTLITY FUND:
SOURCE OF FUNDS:
Unassigned Fund Balance $25,000
USE OF FUNDS:
Capital Spending Budgeted in 2012 Completed in 2013 $25,000
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The supplemental appropriations for 2013 are presented for Council's consideration at this time because
total expenditures for the year are often not fully known until all expenditures are paid, which is often
months after year-end.
Building Division (General Fund) overspent their budget due to unanticipated professional services related
to increased construction in the City.
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The Central Services Fund purchased a wide-format printer for $15,000 in 2013 that was not anticipated •
when the 2013 Budget was prepared . The wide-format printer is a necessity for a number of City
departments.
The Neighborhood Stabilization Fund (NSF) completed its activities in 2013 leaving $30,000 to transfer to
the Housing Rehabilitation Fund. These funds will be available for future appropriation.
The Concrete Utility Fund had budgeted funds for capital spending in 2012 but the project was not
completed until 2013. The capital costs were not part of the 2013 budget but there will be not
unanticipated financial impact as the funds were unused in 2012.
FINANCIAL IMPACT
Central Services' Unassigned Reserve will decrease $10,000. Only the Central Services Fund will have a
direct financial impact as a result of the Resolution. The General Fund will not have a financial impact from
the increased professional services due to offsetting revenues.
UST OF ATTACHMENTS
Proposed Resolution
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RESOLUTION NO .
SERIES OF 2014
A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2013
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 2013 Budget was submitted and approved by the Englewood City Council on
October 15, 2012; and
WHEREAS, this supplemental appropriation to the 2013 Budget is due to total expenditures
for the year not being fully known until all expenditures are paid, which is often months after
year-end and therefore not anticipated or appropriated at the time the 2013 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 2013 , as follows:
2013 SUPPLEMENTAL APPROPRIATION
SOURCES AND USES OF FUNDS:
GENERAL FUND
SOURCE OF FUNDS:
Building Division Plan Review Fees Offsetting Related Expenditures $ 120,000
USE OF FUNDS:
Fire Department -Professional Services $ 120,000
CENTRAL SERVICES FUND
SOURCE OF FUNDS :
Unassigned Fund Balance $ 10,000
USE OF FUNDS:
Unanticipated Equipment Purchases $ 10,000
NEIGHBORHOOD STABILIZATION FUND
SOURCE OF FUNDS:
Unassigned Fund Balance (Fund Close Out) $ 30,000
USE OF FUNDS:
Transfer Out to Housing Rehabilitation Fund $ 30,000
HOUSING REHABILITATION FUND
SOURCE OF FUNDS:
Transfer In From Neighborhood Stabilization Fund $ 30,000
USE OF FUNDS:
Unassigned Fund Balance $ 30,000
CONCRETE UTILITY FUND
SOURCE OF FUNDS:
Unassigned Fund Balance $ 25,000
USE OF FUNDS:
Capital Spending Budgeted in 2012 Completed in 2013 $ 25,000
Section 2. The City Manager and the Director of Finance and Administrative Services are
hereby authorized to make the above changes to the 2013 Budget for the City of Englewood.
ADOPTED AND APPROVED this 7th day of April, 2014.
ATTEST:
Randy P. Penn, 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 2014.
Loucrishia A. Ellis, City Clerk
•
•
•
• COUNCIL COMMUNICATION
Date Agenda Item Subject
April 7, 2014 11 c ii Purchase of Jet/Vacuum Vactor
Truck
INITIATED BY STAFF SOURCE
Utilities Department St ewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved purchase of a Vactor flusher truck in August 1995 in the amount of $142,750.
Council approved the purchase of a Vactor flusher truck in January, 2003 in the amount of $143 ,364.
Council approved the purchase of a sewer line cleaning/vacuuming machine (Vactor truck) in May, 2006
to Williams Equipment in the amount of $149,600.
RECOMMENDED ACTION
At their March 11, 2014 meeting, the Englewood Water and Sewer Board recommended Council approval,
•
by motion of the purchase of a combination unit jet cleaning/vacuuming machine (Vactor truck). Staff
recommends awarding the bid to the lowest acceptable bidder, Williams Equipment, in the amount of
$278,700.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The proposed combination unit jet cleaning/vacuuming truck is designed to simultaneously clean and
remove all liquids and solids from sanitary sewers, storm drain lines and other conduits. This piece of
equipment is necessary for routine and emergency sewer line maintenance and will be replacing the
existing outdated unit. This is part of the planned CERF replacement program .
The proposed combination unit jet cleaning/vacuum truck that is being requested will allow the crew to
· remove the blockage at the first point of contact rather than having to flush the debris to the nearest trunk
line. The proposed combination truck will allow removal of the blocking solids at the point of the problem
rather th an proceeding through the entire system to the treatment plant.
•
A Request for Bid was published . Seven responses were received:
Faris Machinery Company
Williams Equipment Co.
McCandless Truck Center
Macdonald Equipment Co.
Volvo Trucks w /McDonald Equip .
Kois Brothers Equipment Co.
Global Machinery
Volvo Trucks w /Kois Equip.
$276,937.00
$278,700.00
$282,862 .00
$284,538.00
$305,210.00
$309,056.00
$324,400.00
$329,728.00
Utilities staff determined that Williams Equipment (VacCon) is the lowest, most technically acceptable
bidder. The Request for Bid required a 3000 psi pump for adequate pressure necessary for root cutting. •
Faris Machinery's quote was for a 2500 psi pump.
FINANCIAL IMPACT
Williams Equipment Company (VacCon) is the recommended bidder at $278,700.00. The new
vacuum /flusher truck will replace unit #1405, which is a 2004 Freightliner flusher unit.
This is a normal CERF replacement, with funds available in the CERF fund and approved in the 2014
budget.
LIST OF ATTACHMENTS
Bid Proposal Tabulation
Approved minutes from the March 11, 2014 Water and Sewer Board meeting
•
•
, __ ... -""\ .....
•
•
•
SERVICENTER GARAGE
SUMMARY SPECIFICATION SHEET
FOR
NEW VEHICLES
ENGLEWOODBID#~~~IF~B~-~14~-~00=3o--~~~~~~~~~~
MANUFACTURER OF VEHICLE FreightlinerN acCon
MODEL OF VEHICLE VacCon Combination Unit
AIR CONDITIONING YES NO
AUTOMATIC TRANSMISSION YES NO
POWER WINDOWS YES NO
POWER DOOR LOCKS YES NO
4 WHEEL DRIVE YES NO
FLEX FUEL OPTION YES NO
CERF REPLACEMENT YES NO
NEW ADDITION TO FLEET YES NO
DEPARTMENT VEHICLE ASSIGNED TO 411605-Utilities
COMMENTS:· This unit will replace Unit 1405, a 2004 Freightliner flusher unit
that has met the minimum requirements of hours of use, maintenance dollars expended,
and years of service for replacement. This purchase was approved in the 2014 budget
and funds are available in the Capital Equipment Replacement Fund (CERF). The cost of
the replacement unit is $278,700.00 .
•
City of Englewood Bid Tabulation Sheet
Bid Opening Date: February 19, 2014 2:00 P.M. MST
ITEM BID: IFB-14-003 Sewer Jet and Vacuum Truck
Sewer Jet and
Vendor Vacuum Truck
Volvo Trucks of Denver w/McDonald Equipment
7250 E 56th Ave.
Commerce City, CO 80022
303-289-4707
Greg Leupold • Sales $ 305,210.00
Volvo Trucks of Denver w/Kois Equipment
7250 E 56th Ave.
Commerce City, CO 80022
303-289-4707
Greg Leupold -Sales $ 329,728 .00
Macdonald Equipment Co.
7333 Hwy 85/PO Box 1865
Commerce City, CO 80022
303-287-7401
Bill Phelps • General Manager $ 284,538.00
Kols Brothers Equipment Company
5200 Colorado Blvd.
Commerce City, CO 80022
303-298-7370
Jesse McKinley -Central Colorado Sales $ 309,056.00
Faris Machinery Company
5770 East 17th Ave.
Commerce City, CO 80022
303-289-57 43
Larry Johnson • Environmental Division Mgr $ 276,934.00
Williams Equipment, LLC
9670 Dallas St. Unit J
Henderson, CO 80640
• • . .
I .. Apparent Low Bidder I
"GH" 0.
Operations Service
Manuals X3 Manual Total Bid Exceptions:
25,5001b rear spring
w/helper in lue of
Included Included $ 305,210.00 30,000lb
Included Included $ 329,728.00 None
Included Included $ 284,538.00 Please see attached
No exceptions, see attached
Included Included $ 309,056.00 where we exceed specifications
Water storage tanks: no top mount
Inspection port Water pump: 2500
PSI, Vacuum system: fan housing
has auto flushout system, Hose Reel:
Included Included $ 276,937.00 No quick disconnect system
Chassis Bid: Frelghtllner 114SD
' '
,. I .
•
•
•
Present:
Absent:
Also present:
WATER & SEWER BOARD
MINUTES
MARCH 11, 2014
Oakley, Wiggins, Habenicht, Waggoner, Bums, Penn, Olson, Lay
Gillet, Moore
Stewart Fonda, Director of Utilities
John Bock, Manager of Administration
Tom Brennan, Utilities engineer
The meeting was called to order at 5:00 p.m.
E1
1. MINUTES OF THE FEBRUARY 11, 2014.
The Board received the Minutes of the February 11, 2014 Water Board meeting. A correction
was noted.
Motion: To approve the February 11, 2014 Water Board Minutes as amended.
Moved: Lay
Motion approved unanimously.
·n;,
:_~·
Seconded: Penn
2. GUEST: DON MARTURANO-SOUTH ENGLEWOOD SANITATION
DISTRICT #1-4500 S. LAFAYETTE ST. -OUTDOOR LIFT STATION.
Don Marturano, Attorney for South Englewood Sanitation District No. 1, appeared before the
Board and requested a continuance until the April, 2014 Water Board meeting on the issue of a
variance for an outdoor private sewer ejector for 4500 S. Lafayette St. and 1424 E. Stanford Ave.
Mr. Fonda noted that the City of Englewood only treats the resulting sewage from these
properties. He also noted that the City of Englewood did not evaluate whether odors or spills
will be a problem. The Englewood Utilities Department will require a letter accepting
responsibility for odors and spills from the lift station from the property owners and South
Englewood Sanitation District #1. The lift station must also be accepted by the Cherry Hills
Village Sanitation District.
. .
0
3. GUEST: CO WEEN DICKERSON, 2835 S. PENNSYLVANIA ST. -CHARGING
INTEREST ON LATE FEES.
The Board received correspondence from Coween Dickerson, Utilities staff, City Manager and
Council, along with the Water Board Minutes of January 14, 2014 and billing history relating to
her issue of charging interest on late fees. Ms. Dickerson's current balance is $13 and is under
the $20 threshold for action. John Bock noted that the City Attorney's office noted that the City
is in compliance with state statue and her next appeal process would be with District Court. The
Board discussed sending an additional letter to Ms . Dickerson. Utilities staff noted that Ms.
Dickerson was notified in January, 2014 of the Board's decision. There have been no further
developments that changed the issue.
,E}
4. PURCHASE OF JETN ACUUM VACTOR TRUCK.
The requested combination jet cleaning/vacuum combination truck is designed to simultaneously
•
clean and remove blockages at first point of contact rather than having to go through the entire •
system to the treatment plant. Seven bids were received with the Williams Equipment Company
being the recommended bidder at $278, 700. This is a normal CERF replacement. Staff noted
that the lowest bid did not meet specifications, so the second bid was accepted.
Motion:
Moved:
To recommend Council approval of the purchase of a combination unit jet
cleaning/vacuuming machine (Vactor Truck). The recommended bid is from
Williams Equipment in the amount of $278,700.
Habenicht Seconded: Waggoner
Motion passed unanimously.
e
5. TWO 3 :MILLION-GALLON WATER STORAGE TANK ROOF REHAB.
An inspection of the two 3-million-gallon tanks determined that the floor slabs, columns and
walls were in good condition. The tank roof slabs, however, have deteriorated and are in poor
condition, and if left unrepaired, deterioration will become more extensive. Substantial repair
and protection measures are recommended to extend the serviceability of the tanks. These
repairs should extend the service life of the tanks by at least 20 years. Two specialty contractors
are required for the process and must be certified to work on the membrane and roof. •
. ' .
•
•
•
Motion:
Moved:
To recommend Council approval of the bid from Moltz Construction, Inc. as the
lowest acceptable bidder at $1,188.500 for repairing the two 3-million-gallon
water storage tank roof slabs.
Burns Seconded: Kells
Motion passed unanimously.
l:']i\
-~
6. FLOOD CUTS DURING BACKUP RESTORATION.
John Bock, Manager of Utilities Administration, appeared to discuss the current remediation
policy after a City-caused sewer main backup or damage caused by a water main. Currently
Belfore International does flood cuts removing damaged drywall to facilitate drying. Under the
existing policy, the flood cut drywall is not replaced. Staff asked the Board if they wished to
modify the existing remediation policy.
Motion:
Moved:
To modify the existing remediation policy in the case of City-caused water or
sewer damage by providing drywall replacement and taping after flood cuts
are made .
Lay Seconded: Bums
Motion approved unanimously.
u
7. 804 E. STANFORD A VE. -REQUESTING ENGLEWOOD PROVIDE WATER
SERVICE.
A request was received from Mr. Lance Cain, the owner of 804 E. Stanford Ave. and the
adjacent 825 W. Tufts Ave. to provide water service to his property, which is in the Denver
Water service area. Englewood provides water service to adjacent properties on the south, east
and north of this address. Denver Water has approved the transfer of water service to
Englewood water for this property.
The owner would be required to pay all costs to extend service to his properties.
Motion:
Moved:
To approve providing water service to 804 E. Stanford Ave. and 825 W.
Tufts Ave. subject to the owners paying all costs .
Bums Seconded: Habenicht
• • t
I
\ 1 -.
Motion approved unanimously.
e
8. S. PLATTE WATER RELATED ACTIVITIES PROGRAM -ENDANGERED
SPECIES ACT.
The South Platte Water Related Activities Program (SPWRAP) is an agreement with the
Department of the Interior to improve the habitat of endangered species. The SPWRAP program
improves the endangered species habitat by providing more water in the critical area along the
Platte River in Nebraska. This agreement provides compliance with the Endangered Species Act
to participating entities.
Englewood's portion of the assessment for the program for 2014 is $10,458, with an annual
assessment for an additional six years. Future assessment amounts will be computed on treated
water use and number of participants.
Motion: To recommend Council approval of Englewood's continued participation in the S.
Platte Water Related Activities Program and assessment for 2014 and approving
the assessment, based on water consumption, for six years thereafter.
Moved: Habenicht Seconded: Waggoner
Motion approved unanimously.
The meeting adjourned at 5:30 p.m.
The next Water and Sewer Board meeting will be Tuesday, April 8, 2014 at 5:00 p.m. in the
Community Development Conference Room.
Respectufully submitted,
Cathy Burrage
Recording Secretary
•
•
•
COUNCIL COMMUNICATION
Date Agenda Item
April 7, 2014 11 c iii
STAFF SOURCE
Subject
Two 3 Million-Gallon S. Clarkson
Water Storage Roof Rehab .
Project ITB-002
INITIATED BY
Utilities Department Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved, at their March 16, 2004 meeting, the bid award for one tank repair for the west 3-million-
gallon S. Clarkson reservoir to RN Civil Construction in the amount of $201, 1 73.00.
Council approved, at their September 19, 2005 meeting, the bid award for the one tank repair for the east
Clarkson Street two 3-million-gallon reservoirs to Premier Spec. constructors in the amount of $261 ,285.00
RECOMMENDED ACTION
The Water and Sewer Board, at their March 11, 2014 meeting, recommended City Council approval of the
bid from Moltz Construction, Inc. as the lowest acceptable bidder at $1, 188,500.00 for repairing the two
3MG water storage tank roof slabs .
• BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The two S. Clarkson Street 3-million-gallon covered reservoirs, located two blocks east of the intersection of
Clarkson and Sunset Ridge in the City of Greenwood Village, were originally constructed in 1952 and 1956
as water storage facilities for treated water for the City of Englewood. The tanks provide fire protection and
back-up water during power outages for Englewood 's Zone 1, which encompasses 60% of the City.
An inspection of the 3-million-gallon tanks determined that the floor slabs, columns and walls were in good
condition . The tank roof slabs, however, have deteriorated and are in poor condition, and if left unrepaired,
deterioration will become more extensive . Substantial repair and protection measures are recommended to
extend the serviceability of the tanks . These repairs should extend the service life of the tanks by at least 20
years. The bid proposed will include piping modifications, structural repairs, and lightweight concrete
installation with a PVC membrane roof system .
One bid received was a "no bid" due to not having qualified personnel for the necessary processes.
FINANCIAL IMPACT
This project requires two specialty contractors that are certified by the project manufacturer. Two bids were
received, but the "no bid" submittal was disqualified . The Utilities Engineer determined that Moltz
Construction, Inc. was the lowest acceptable bidder at $1 , 188,500. The engineer's estimate was
$1,200,000.00. $1 ,600,000.00 was budgeted in the Utilities Fund .
• LIST OF ATTACHMENTS
Bid Proposal Form
Approved minutes from the March 11, 2014 Water and Sewer Board meeting.
ITB-14-002 • South Clarkson Water Storage Roof Rehab Project
BID PROPOSAL FORM
Name of Firm: Moltz Construction, Inc.
Base Bid Grand Total -Sum of Structural Repairs, Lightweight Concrete Installation, PVC Roof System
,,,."',~-·,,,._,,,_.;_,w .~,--,~LL~t i_qqJ,,oqf,,J,:9mJilgtt.U~ti.Q~.@J_pj~Jb~~~-~C.~:~,t.i;,w.gt,ttJ.~Ri~.,~mlll~t§:~jtb .~tr.JJ~Y~~'""'"'''"'''"''~·'<•~h"I'
repair to existing concrete slabs and installation of new roofing system with insulating lightweight concrete
•
•
substrate, for the Contract Sum of:
'Duif., H1r...1..1 vrJ . 0 Nsf.,, l-fcJ.Nl2Z1f,i> ;£1&JJ.T''t !Zl&HI
)
l{A DJSJhr () ) ,;, 11~ Jiu.tV;:>/-it-I/ Dollars
($ l) 1 ~SJ {.o o _J .
Indicate the costs for each component of work (note, the Base Bid total entered above shall be the sum of
the following breakout costs):
Structural Repairs (all work indicated on Sheets S1 and S2)
Pricing for Item E includes the use o@r-steel pipe?
Lightweight Concrete Installation
PVC Roof System Installation
Project Mobilization , Administration, Permits, etc.
BIDDERS ARE REQUESTED TO SUBMIT BIDS AS FOLLOWS:
$
$
$
$
$
l3~) loo
/6Z.J SvO
3'jl:..Soo
)
3,) z<o
J~oJ ;s-o
Receipt of Addenda Nos ._#_1~·-2~/_19~/_1_4 __________ is hereby acknowledged.
One such bid for the construction and installation of those improvements on the South Clarkson
Water Storage Roof Rehab Project.
__ ic;'--'-, _,_v•""'~'---,_H_..v"'"'l'!/~C>_.i;_...,"f'.."'-"'P'---------------($ I ii 8 & . S t? o
7 J
1000 Englewood Parkway, Englewood, Colorado 80110-2373 Ph (303)762-2412 Fax (303)783-6951
www .englewoodgov.org
6
Should the repair quantities for the structural work exceed the amounts shown on Sheet S1, the
contractor agrees to perform the additional work for the following unit prices:
Repair Item Description Unit Price
A
B
c
D
Remove and replace
deteriorated concrete on vertical
surface of beam
Remove and replace
Remove and replace
deteriorated concrete on top
surface of slab
Remove and replace
deteriorated concrete on
edge of slab
$ '"3 S 2. /SF
$ Z: <2> .) /SF
$ lb/ /SF
$ C / D /LF
This Contract will be awarded to the lowest reliable, responsive and responsible bidder.
This offer shall be open to acceptance and is irrevocable for sixty (60) days from the bid
closing date.
The undersigned bidder hereby agrees to be ready and to appear at the office of the Department
of Utilities, to execute the attached form of Contract in conformity of this bid and also to have
ready and furnish the required bond in the sum of the full amount of this proposal, executed by a
surety company acceptable to the City of Englewood, at any time within ten (10) days from the
date of a written notice from the Director of Utilities to do so, mailed to the address hereinafter
given.
This Proposal is made without any connection with any other persons, firms, or corporations
making any other bid for this same work and is in all respects fair and without collusion or fraud.
The Undersigned Bidder acknowledges the right of the City to reject any or all bids submitted and
to waive informalities therein .
Dated at Salida, Colorado this _2_7 __ day of __ F_e_b_ru_a_ry-=------' 2014
Signature of Bidder:
If an individual: _N_/_A _______________ doing business as
1000 Englewood Parkway, Englewood, Colorado 80110-2373 Ph (303)762-2412 Fax (303)783-6951
www.englewoodgov.org
7
•
•
•
•
•
•
If a partnership: __ N_/A _____________________ _
By: N/A
If a corporation: Moltz Construction, Inc.
a Colorado
By:-E==--===-diio~--:~;_,,c_~~~-1-----------------~~.,--
The name and location of the last work of this kind herein contemplated upon which Bidder was
engaged is as follow:
Plum Creek Water Purification Facility, 1929 N. Liggett Road, Castle Rock, CO 80109
For information relative hereto please refer to:
Name Eric Moltz Title President ----------
Address 8807 Cty Rd 175, PO Box 729, Salida, CO 81201
719-539-7319, eric@moltzconstruction.com
1000 Englewood Parkway, Englewood, Colorado 80110-2373 Ph (303)762-2412 Fax (303)783-6951
www .englewoodgov .org
8
• • j I '.
• WATER & SEWER BOARD
•
•
.~ ;~
Present:
Absent:
Also present:
MINUTES
MARCH 11, 2014
Oakley, Wiggins, Habenicht, Waggoner, Bums, Penn, Olson, Lay
Gillet, Moore
Stewart Fonda, Director of Utilities
John Bock, Manager of Administration
Tom Brennan, Utilities engineer
The meeting was called to order at 5:00 p.m.
·a;
;~
1. MINUTES OF THE FEBRUARY 11, 2014.
The Board received the Minutes of the February 11, 2014 Water Board meeting. A correction
was noted.
Motion: To approve the February 11, 2014 Water Board Minutes as amended.
Moved: Lay
Motion approved unanimously.
l'Qli lB .
Seconded: Penn
2. GUEST: DON MARTURANO -SOUTH ENGLEWOOD SANITATION
DISTRICT #1 -4500 S. LAFAYETTE ST. -OUTDOOR LIFT STATION.
Don Marturano, Attorney for South Englewood Sanitation District No. 1, appeared before the
Board and requested a continuance until the April, 2014 Water Board meeting on the issue of a
variance for an outdoor private sewer ejector for 4500 S. Lafayette St. and 1424 E. Stanford Ave.
Mr. Fonda noted that the City of Englewood only treats the resulting sewage from these
properties. He also noted that the City of Englewood did not evaluate whether odors or spills
will be a problem. The Englewood Utilities Department will require a letter accepting
responsibility for odors and spills from the lift station from the property owners and South
Englewood Sanitation District #1. The lift station must also be accepted by the Cherry Hills
Village Sanitation District.
Ell
3. GUEST: COWEEN DICKERSON, 2835 S. PENNSYLVANIA ST. -CHARGING
INTEREST ON LATE FEES.
The Board received correspondence from Coween Dickerson, Utilities staff, City Manager and
Council, along with the Water Board Minutes of January 14, 2014 and billing history relating to
her issue of charging interest on late fees. Ms. Dickerson's current balance is $13 and is under
the $20 threshold for action. John Bock noted that the City Attorney's office noted that the City
is in compliance with state statue and her next appeal process would be with District Court. The
Board discussed sending an additional letter to Ms. Dickerson. Utilities staff noted that Ms.
Dickerson was notified in January, 2014 of the Board's decision. There have been no further
developments that changed the issue.
-~-
4. PURCHASE OF JET/VACUUM VACTOR TRUCK.
The requested combination jet cleaning/vacuum combination truck is designed to simultaneously
•
clean and remove blockages at first point of contact rather than having to go through the entire •
system to the treatment plant. Seven bids were received with the Williams Equipment Company
being the recommended bidder at $278,700. This is a normal CERF replacement. Staff noted
that the lowest bid did not meet specifications, so the second bid was accepted.
Motion:
Moved:
To recommend Council approval of the purchase of a combination unit jet
cleaning/vacuuming machine (Vactor Truck). The recommended bid is from
Williams Equipment in the amount of $278,700.
Habenicht Seconded: Waggoner
Motion passed unanimously.
:~1
5. TWO 3 MILLION-GALLON WATER STORAGE TANK ROOF REHAB.
An inspection of the two 3-million-gallon tanks determined that the floor slabs, columns and
walls were in good condition. The tank roof slabs, however, have deteriorated and are in poor
condition, and if left unrepaired, deterioration will become more extensive. Substantial repair
and protection measures are recommended to extend the serviceability of the tanks. These
repairs should extend the service life of the tanks by at least 20 years. Two specialty contractors
are required for the process and must be certified to work on the membrane and roof. •
•
•
•
Motion :
Moved:
To recommend Council approval of the bid from Moltz Construction, Inc. as the
lowest acceptable bidder at $1,188.500 for repairing the two 3-million-gallon
water storage tank roof slabs.
Burns Seconded: Kells
Motion passed unanimously.
~u
6. FLOOD CUTS DURING BACKUP RESTORATION.
John Bock, Manager of Utilities Administration, appeared to discuss the current remediation
policy after a City-caused sewer main backup or damage caused by a water main. Currently
Belfore International does flood cuts removing damaged drywall to facilitate drying. Under the
existing policy, the flood cut drywall is not replaced. Staff asked the Board if they wished to
modify the existing remediation policy.
Motion:
Moved:
To modify the existing remediation policy in the case of City-caused water or
sewer damage by providing drywall replacement and taping after flood cuts
are made .
Lay Seconded: Burns
Motion approved unanimously.
IOl
7. 804 E. STANFORD AVE. -REQUESTING ENGLEWOOD PROVIDE WATER
SERVICE.
A request was received from Mr. Lance Cain, the owner of 804 E. Stanford Ave. and the
adjacent 825 W. Tufts Ave. to provide water service to his property, which is in the Denver
Water service area. Englewood provides water service to adjacent properties on the south, east
and north of this address. Denver Water has approved the transfer of water service to
Englewood water for this property.
The owner would be required to pay all costs to extend service to his properties .
Motion:
Moved:
To approve providing water service to 804 E. Stanford Ave. and 825 W .
Tufts Ave. subject to the owners paying all costs .
Burns Seconded: Habenicht
\ .
"·
Motion approved unanimously.
illt
8. S. PLATTE WATER RELATED ACTIVITIES PROGRAM -ENDANGERED
SPECIES ACT.
The South Platte Water Related Activities Program (SPWRAP) is an agreement with the
Department of the Interior to improve the habitat of endangered species. The SPWRAP program
improves the endangered species habitat by providing more water in the critical area along the
Platte River in Nebraska. This agreement provides compliance with the Endangered Species Act
to participating entities.
Englewood's portion of the assessment for the program for 2014 is $10,458, with an annual
assessment for an additional six years. Future assessment amounts will be computed on treated
water use and number of participants.
Motion: To recommend Council approval of Englewood's continued participation in the S.
Platte Water Related Activities Program and assessment for 2014 and approving
the assessment, based on water consumption, for six years thereafter.
Moved: Habenicht Seconded: Waggoner
Motion approved unanimously.
The meeting adjourned at 5:30 p.m.
The next Water and Sewer Board meeting will be Tuesday, April 8, 2014 at 5:00 p.m. in the
Community Development Conference Room.
Respectufully submitted,
Cathy Burrage
Recording Secretary
•
•
•