HomeMy WebLinkAbout2009-01-20 (Regular) Meeting Agenda Packet1. Call to Order.
2. Invocation.
Agenda for the Regul ar Meeting of the Englewood City Counci l Tuesday, January 20, 2009 7:3011m Englewood Civic Center -Council Chamber! 1000 Englewood Parkway Englewood, CO 80 110
3. Pledge of All egia nce.
4. Roll Call.
5. Consideration of Minutes of Previous Session.
a. Minutes from the Regula r City Council Meeting of January 5, 2009.
6. Recognition of Schedul-.d Public Comment. (Please limit your presentation to ten minutes.)
a. Aid to Other Agencies recipients will be present to accept the City's financia l
contrlhutlons for 2009.
b. Jessica Ols en will be present to address City Counci l about a commu nity gard en.
c. Rhonda Wilcox will be present to address City Council about a community garden.
7. Recognition of Unscheduled Public Comment. (Please limit your pres~ntatlon to five
minutes. Time for unscheduled public comment may be limited to 45 minutes, and if
limited, shall be continued to General Discussion.)
8 Com,nunicatlons, Proclamations, and Appointmrots.
a. Letter from Kate Dulaney ~nnouncing her res ignation from the Cultural Arts
Commls!lon.
b. E-mail from Michael Keene annou,icing his resignation from the Cultural Arts
Commission.
PIPa<e nole: If you have a dl,ablli1y ,nd need auxlAa,y aids or serv,ce,, pl,ase no1lfy lhe Clly of Englowood
fl0l-762-24051 11 leut 48 hoors In advance o/ ,-1,en ••"-Ices are needed.
Englewood Clly Council llgenda Janua,y 20. 2009 hg•2 9. Consent Agenda Items. a. Approval of Ordinances on Fim Reading. Council BIii No. 3 -Recommendati on from the Utilities Department to adopt a bill for an ordinance approving Supplu1ent # 165 to the Southgate Sanitation District Connector's Agreement for the Inclusion of land within the district boundaries. STAFF SOURCE: ~lewart H. Fonda, Utilities Director.
b. Approval of Ordinances on Second Reading.
c. Resolutions and Motions.
10. Public Hearing Items. (No Public Hearing Scheduled.)
11 . Ordinances, Resolutions and Motions
a. Approval of Ordinances on First Reading.
Council Bill I lo. 4 -Recommendation from the Public Works Department to
adopt a bill for an ordinance authori zing Contract Amendment No. 2 10 the
existing Intergovernmental Agreemen t with the Colorado DPpartment of
Transportation fo, the construction of a bridge over the Platte River at
D•rtmouth Avenue. STAFF SOURCE: David Henderson, Engineerin g/Capital
Projecu Adminl,tratc,r.
b. Approval of Ord inances on Second Reading.
i. Council Bill No. 79, authorizing amendments to Tide 11 (Pu~~ic Ways and
Property), Title 15: Health (Sanitation and Environmental Pro,'ection), and Tide
16 (Unified Development Code) regarding hard surface standards, and an
amendment to Title 16 regarding maximum commercial vehicle weight In
residential zones.
c. Resolutions and Mot!ons.
i. Recommenda:·.,,, from the Utilities Department to approve a resolution
authorizing th~ City of Englewood to enter Into an agreement with the Bureau of
Reclamation for a matching grant for a variety of City Ditch projects. STAFF
SOURCE : Stewart H. Fonda, Utilities Dlrtctor.
ii. Recommendation from the Anance and Administrative Services Department lo
approve a resolution reimbursing the City of Englewood with proceeds of a
future borrowing for capita l outlay~ incurred by the Utilities Department STAFF
SOURCE: frank Gryglewlcz, finance and Administra tive Services Director.
Please note: If you have a diS<,blhty •nd need auKilla,y aicb or servlcts, p~ase nodfy the Oty of Englewood
1303-762-24051 "least 48 hour, In advance ol when services ase needtd.
Englt"ood C.r, Council Agend, J•nuary 20. 2009 P,ge 3 iii. Recommendation from the Finance and Administrative Seivk~s Department ,o approve, by motion, a three-year audit engagement wit~ ),;hnson, Ho lscher and Com pany for fiscal years ending December 31, 20L8, 2009 and 2010. STAFF SOURCE: Frank Gryglewicz. fi nance and Adminis trative Sc .vices Di rector. 12. General Discussion.
a. Mayor's Choice.
b. Council Members' Choice.
13, City Manage r's Report.
14. City Attorney's Peport
15. AdjoYrnmenL
I'll,.., not.: II yoo have a dlsablliry and need auxlU.ry aids o, .. rw:e,. please noofy the Coty ol E°""'·ood
1303-762·24051 at le.,. 48 hours In •dv-• ol whet, services are n,eded.
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Call t o Order ENG LEWOOD CITY COUNCIL ENG LEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session January 05 , 2009
The regular meeting of 1he Englewood City Counci was c:aled 10 onler by Mayor Woodward at 7 54 p m
2 Invocation
The invocation was given by Counol Member McCaslJn
3 Pledge of Allegi ance
The Pledge of Allegiance was led by Council MP.mber McCaslln.
4 Roll Call
Present
Absent
A quorum was present
Councll Members Je fferson. Moore. Penn. Oakley, McCaslin, WIison ,
Woodward
None
Also presen• City Manager Sears
City Attorney Brotzman
Deputy City Manager Flaherty
OeP\lly City Clelll Bt:sh
Coty Clerk EU1s
Director GrygleWICZ, F'inance and Adm1nostrabve Se vices
Director Fonda Utlities
Utilities Operations Supenntendent McCorm ck, Utilities
Manager of Open Space Lee, f'al1ls and Rec:eation
Parks Supeiv,sor Oarton. Parks and Recreab01
Fleet Manager White, Public Wms
Commander Condreay, Police
Court Admlmstratof Wolfe, MUI\ICipal Court
TraITTing Specialist Main, Human Resoun:es
Tecllnr.,an I Par1<man, Public Works
Human Resovrces Generalist Lane, Human Resources
Resldenbal Plans Examiner Montanez, Building and Safety
Applicabons Support Analysl Aragon, Information Technology
TraITT1ng Officer Weigel, Fire
Pre-Treatment Speciabl Gieck. Wastewater Treatment Plant
5 Con,lderatlon of Mlnut" of Previous Session
(a) COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER McCASUN SECONDED,
TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF DECEMBER 15, 2008.
Mayor Woodward asked of there were any modilicat,ons ot correcbons There were none
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Englowood City Council January 05, 2009 Pago 2 Vote rosults : Motoon cameo Ayes Ccuncll Members Penn. McCasl,n , Moore, Woodward. Jefferson Wilson. Oakley Nays None 6 Recognition or Scheduled Public Comment
(a) Sally Dawson, an Englewood resident . said I've come here tonighl to suqgesl that Englewood
create a neighborhood dispute mediation team I'm going lo lell you a couple of things lhat I've expenenced
over the last two years that have led me to this idea Three years ago I had a visit from my Code Enforcement
agent, Ms Mar)Ol1e Payne She came to my house to tell me that a neighbor had compta,ned th at my cat was
going ,nto Mer yard and pooping Ir, her tul ips We talked about 11 for a little bit and I said, you know, I am
perfectly wllliug to work with my nelghbot, but I think they should be willing to work with me as well Ms Payne
told me that rry ne,ghbot had absolutely r.o responsib:hty to work with <ne because I was the one In VIOlabon of
the Code Well , I didn't hke that. but fortunately for my neighbor and myself and my cals, I Ignored Ms Payne's
senllment and went over 10 my ne1ghbo(s house and knocked on her doot and said please can we work
something out? I came up with the Idea, after ialking with a friend of m,ne who ha1 cat problems, lhal you can
buy cat repellant at any garden store So, I suggested lo my neighbor that I purchase cat repellant for her and I
would be happy 10 come over. .. she's an elderly person In her eighties ... and t would come over once a week
and scoop the poop and patrol the gardens and so forth and put cal sprinkle out. She agreed that we could g;ve
that a try That was about three years ago Now we have a realty great worklng relat10nsh1p In the spr,ng,
instead of calhng Code Enforcement or calling the police, she calls me directly and says okay. I'm going to tum
the gardens over So, I go over ano slart pohclng the garden It lakes about a month or six weeks for the cats
to get over the repellant 3nd then, pretty much, by the middle of summer I don't even have to go over there
anymore Like I sa1d , we have a great relationship now She's even given n1e some planls from her garden to
put In my yard II 1s so much nicer than thinking that we couldn't work together So that was good About two
months ago I received a letter In the mail that was typed and addressed to me, neighbor, at my address ll was
typed There w,th no return address on the outside of the envelope The letter said, your black eat.. wh,c,i I do
have one has been spend ing a lot of lime m our ya rd ki lling songhlrds, pooping, and terrorizing ou r animals
that aren't allowed to roam They said this Is a vootatlon of our rights as property owners and It's ,n vlotatJon of
Code We could cal the City on you, but we are going to allow you to work this out for yoursett Ptease keep
your cat al home and out of our yard Ttoey didn 't sign the letter They~ dn't give me a phone number or a
name I thought what am I supposed 10 do with that? How can I work with a neighbor who isn't going to be
d1tect with me? I realize that people are afraid of ccnfronlat.:>n and they may be afraid of retaliation ,f they anger
their oe,ghbot or something And I thought for a couple of days about what I can do This 1s ""'at we need lo
do If the City of Englewood had a neighborhood d,spule mediation teaM, whenever some, .ailed the police
or Code Enforcement to complain of a barklng dog or rowdy teenagers o< whatever 1t Is that people complain
about ,f they were directed first to a neighborhood med111toon team , the11 they could sot down and have a face-to--
face, and hopefully solve their issues without having to bring the pohce o· Code Enforcement Into the mix I. for
one, wou ld be willing to volunteer as a mediator, I don't have any fo:m~! ·amlng, but I am certainly w,Ulng to
take a course on k Obv10Usly through my own experience, I medoater• -, own problem and solved ll So, once
I wa3 dealt with somebody who didn't want to be Identified, t thought It ,. ,ou ld be a great th,ng If they could be
given that resource to work through their prob lems. I think that would make the City of Englewood ~uch a much
stronger community and I do think that we have a responsib~1ty, as citizens In a community, to w_,..k • ,;ether
an1 not Just hide behind the police or the Code Enforcement office f also think that ~ would save a ton of police
and Code Enforcement man-hours , If people were able to solve their problems themselves through this
mediation tgam Okay That's It I think it is a good Idea I hope you like It Thank• for having me
Mayor Woodward and several Council members said thank you
Recognition o f Unscheduled Public r.omment
There were no unsch ~duled v151tors
8 Communlca tJ..,ns, Proclamations and Appointments
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Englewood City C~unc•! January 05, 2009 Page 3 There were no commumcalJOl\s proelamat1011s or appo,ntments 9 Consent Agenda (a) Approval of Ordinances on Firsl Reading There were no items submitted for approval on first read,og
(b) Approval of Ordinances on Second Readinq
There were no items submitted for approval on second reaJ1ng
COUNCIL MEMBER MOORE MOVED, AND COU NCIL MEMBER JEFFERSON SECONDED, TO APPROVE
CONSENT AGENDA ITEM 9 M (I),
(c) Resolut1011s and Mot10ns
(1) RESOLUTION NO 1, SERIES OF 2009
A RESO LUT ION DESIGNATING THF. BULLETIN BOARD ON THE NORTH SIDE OF THE SECOND FLOOR
OF THE ENGLEWOOD CIVIC CENTER AS THE OFFICIAL POSTING PLACE FOR ALL LEGAL NOTICES OF
THE CITY OF ENGLEWOOD FOR 2009
Vote results:
Ayes ·
Nays·
10 Public H~arlng Items
Council Members Penn, Mccasl in , Moore, Woodward, Jefferson,
Wison, Oakley
None
Thert was no Publ,c Heanng scheduled.
11 Ordlnan,:~:;, Reso lutlon and Motion,
(a) Approval of Ordinances on First P aading
There were no ttems submitted for approval on r~t 1ead,ng
(b) Approval of Ordinances on Second Reading
There were no Items submitted for approval on second reading
(c) Resolutions and Mobons
(I) Utilitler, Operat10ns Superintendent McCormick presented a recommendation from the
Utilities Department to approve by motion , re!,abllltiltion projects for the Sherman and Zuni water tanks and a
plpehne rehaboU:ation project at Mclellan Reservoir Staff rec:ommends awarding the contracts for the tank
repairs to the lowest technically acceptable bidder, TMI Coat~,gs, in the amount of $389,000 00 and awarding
the contract for the pipeline rehabTiitation to the lowest technically acceptable bidder, Thomas Industrial
Coatings, in the amount of $34,200.00. Mr. McCormick said that the water system has three projects that we
are going to have to take care of Two of them are on 011r waler tanks, the 500,000 gallon Zuni water tank,
which Is localed over in the west, northwest area and also the 200.000 gallon elevated Sherman tank, which Is
located In the northeast area over by Burt Chevrolet These tanks the Zuni tank Is a 1960 construct,on II has
been rehab:ied several times Life of a rehab Is about 15 lo 20 year.; usually and then you have to go 1n and
repa int them and take ca re of them . We Inspect them every two yea rs There's a company that has a video
camera and divers go 1n, clean the tank and Inspect It In 2007 we had them inspect both tanks and rt turned
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Englewood City Council January 05, 2009 Page 4 oul 1ha1 there was more damage than whal we could 1us1 do with a mioor touch up So we had our engineer look al ,1 Camp Dresser McKee. and we wenl out ror bids We had 10 bidders give us bids on the tanks and 11 came out to a 1otal or :;.369.000 00 for both 1anks We also have the Mclellan p,peilne wh,~h Is located beneath Mclellan Reservoir, unde r the dam . and 11 needs lo be rehabbed also In lhA tnveshga11on , we round out that 11 had lead based primer on the outside of the pipe and lhal will have lo be removed and 11 w,11 also have to be disposed of 1n a proper manner It's ju st not taker, to the dump So. that was $34,200 00 This was bids on both of these We are recommending to Council that you go ahead and award these three projects We do have money We budgeted $200,000 00 for the tanks and $50,000 00 for the tu nnel The bids are obv10ustv
h,gher lhan that al S389 000 00 and S3◄ 200 00. but we are going out for bond money ,n early spnng and
hopefully we have some other proJ8CIS that we want 10 use that bond money f0< also If that bond money does
not become available, we do have money ,n oJr reser,e lund for this pro)f!Cl I would ~e glad to answer any
quesbons W you have any
Council Member Wilson saKI I have a ques11011 I know you saKI that you are going oul !Of bond money wia we
know In advance W you are not able lo use the bond money and you're taking rt oul? Mr McCormick replied that
th•~ pro)eCt has to be done ,n earty spnng so that we can gel 11 back oohne especially the Zum lank has to be
oollne , before the summer demand So, we have lo have lh1s. If we wa,t another year, or whatever, we would
have more damage and going lo have lo re-bid It and It will probably be more e~pens lve So, that's why we're
trying lo gel 11 taken care of Council Member W1ls011 said so you sa id the ulihly w,11 be seeking bond funds ,n
the f,rst quarter 11 ,s not for these projects Mr McCormick said we have a list of projects and yes, some of
these are on that bond money , but ii Is okay If we go back and get the money afte; ,he bonds are awarded We
can get 1t retroactive. Council Member Wilson said will we be apprised of this ar,d kepi 1pdated on whether you
get l he bond m011ey? Mr. McComnlck said sure We can use our money and il·en get n lmbursed w,1h the bond
money afterwards
Mayor Woodward sal<l iust to clanfy, the fund money that you are tallung about ,s from the Water Fund We are
not talking about the General Fund Mr McCormick said CO<rect Mayor Woodwatd said so you would do the
won< and then after •the-fact. when you had all ol tile pr0j8Cls put together to go out for the bond you could go
out for lhe bond and then relroaebvale ii Mr McCom-.ck replied wheo we did our f,rs1 consttuct,on back ,n
2000, we went lo the people and voled for bond money Then we gol some other loans and we were able to not
use all of that bond money, so now we wenl back and asked them 1f we were still eligible for lhat bond money
and they said yes we are So. that's what we are looking al Frank GrygleWJCZ ,s looking Into thal r,ghl now
Ma yor Woodward asked ,f there were any olher questions for Bin There were none
COU NCIL MEMBER McCASLIN MOVED, AND COU NCIL MEMBER PENN SECO NDED, TO APPROVE
AGENDA ITEM 11 (ct (I).
Mayor Woodward asked 1f there was any d1SC1Jss10n There was none
Vote results:
Ayes Councd Membe,s Penn. McCast1n. Moote. Woodward, Jeffe, .on.
WIison. Oakley
Nays None
Mabon earned
Mr McCormick said thank you. Mayor Woodward said thank you
(ht Manager of Open Space Lee pr~sented a recommendation from the Parks and
Recreallo n Department lo approve , by mot,on, lhd pur~hase of globes for lhe decorallve lights on South
Broadway Sta ff rewmmends awarding the bid 10 the lowes1 tec~nically acceplable bldd~r. Mountain Sla tes
Llghllng, In t he amounl of $35,250 00 He said I am here ton,ght to requesl the purchase of 500 aluminum
necked, While acryhc globes from Mounlaln Stales Lighllng Previously, C11y Council had discussions for use of
the Landscape and Fine Art Funds al several different Sludy Sess10ns Frorn those d1scuss10ns. Counc,t had
requested 1ha1 the funds be appropna1ed for globe replacement, the Broadway etectrleal repa,rs and the holiday
llghllng Re iuesls were sent out for bids and we received SIX btds from vend01s Only IWO of lhe bids mel lhe
speofica110ns which was for lhe a•um,num necks So we are gomg with the lowesl technically acceptable
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Englewood City Council January 05, 2009 Page 5 bldder Now W11h that I would like to also apologize because iust today I saw on the bod tabulation sheet that we have a discrepancy under Mountain States L1gh1,ng It ,s listed as S35,975 00 under the bid price and under the total ,1 ,s listed as S35 , 795 00 I Checked with the purchasing agent today and this was how the bod was actually put in she 1ust copied everything down the way 11 was given to us So. I called Mountain States and made them aware It was their error when they subm,lled the<r bid Their bod 1s 10< S70 50 per glObe. which comes up to $35.250 00 so that's a $545 00 difference less So, I wanted to make that clear So wI1h that I'd be happy to answer any other quesltons
Council Member Oakley said Dave. were these globes gomg to last any longer than any othe,s in relation to
changing color? Mr. Lee said my understanding 1s yes 5efore we put these out. I had talked to a couple of the
vendors and there has been a lot of improvements In technology in plastics These whole acrylics are supposed
to be fade resistant and impact resistant much more so than the original ones were Council Member Oakley
said could you shoW us? Mr Lee said Jerry would you hke to bnng it up? (Clerk's note Jerry Balton, Parks
Supervisor. b<ought fOflh a whrte globe to show the Councot I Mr Lee continued these are what they would look
hke and these are the aluminum bases on them They will shaller ii you shoot a BB gun or throw a rock through
them, but they are much more impact resistant They are much more durable than when the original ones were
put up many years ago
Council Member Oakley said t have a second, quick questoon Future ava,labihty or ordenng ex:ra at this time?
Mr. Lee replied we are ordering extra and they do seem to be available at this point In time .
Council Member Wilson asked of that ,s the same size that we have up there now Mr Lee answered rt os the
same size thal we have up there now II ,s the same model that we have up there now Ms Wilson said okay,
greal
Council Member Jefferson said lhe alummun neck was much more desirable tha n the plas!Jc neck? Mr Lee
said the aluminum neck, and that's where the price vanabon or difference is The aluminum neck 1s m0<e
durable The others were quoting just a black polycarbonate, and the s~t screws that go Into that, 1f that ratlles
around, they are going to scar 11 or break that plastic much more readily lhan they will the aluminum That's why
we had that spec,focatoon In there
Council Member Jefferson said however the one I JUSI saw the one from WSI. Theor bod was less than hall of
the cost, correct? Mr Lee responded rig ht. Council Member Jefferson said even given that price difference,
you st ill feel hke ... Mr Lee replied they had quoted just plastic necks on theirs Even though there were
several c0<npanies that had llsted no acceptabons, but when you 20 and talk to them. they did not have
aluminum nec.t:s Cw<V:,I Memt--r Jefferson said I see, ol<ay I'm 1ust ~nderstandlng that the aluminum necks
make ft more durable an1 last longe,, nght? Mr Lee said correct. Council Member Jefferson said and the
plas tic neck 11 w,II hold up beiter though right? Mr Lee Gllld II will hold up, but it will not hold up as well That's
the area where the set screws come on from the side of tho lamppost and that's where 11 1s secur~ to the
lamppost So, with the heat,ng and the cootong With the wind shattenng those and pushing them around a httle
bot. these wlll actuany hold up belier than iust a plastic neck Council Member Jefferson said more than two l o
one, I guess, ,s my poonl Righi? You are saying Iha! life with l he aluminum neck ,s going to be more than
double that of the plastic neck or close to that, you think? Mr Lee said I don't know about the hfespan of them
but I'm say,ng that thPse wlll last longer than the plastic °' the poly necks
Council Member Oakley sa,d I wou ld suspect that If they are tak,ng measures to use plasllc instead of
aluminum, then they are cutting costs and they may be cutting costs on the globes themselves as well I woo ld
think that these would hold up better
Mayor Woodward said I thin>, the alum inum one of the thongs that you can do ... if you haven't ,nstalled 1I, when
you replace the light and pL,t it back on, th ere is usua lly a little Inde ntation where the screw has gone In Now
you have a new lndentat,on because you are not going to line that up obvoously and II Is a belier fit, as I think
Dave had menhOned w,th tr.~ "-eather and expansion and contraction
Council Member Jefferson sa:d I understand that I iust wanted to 1ust1fy the add1t1ona1 costs because . like I
sa,d I see one that Is less than half the cost Mr Lee agreed that 11 Is less than half
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Englewood Ci ty Counc il January 05, 2009 Page 6 Mayor Woodward said I know one of lhe problems lhat we have had In the pasl Is lhal. I lh1nk. with some or the other lenses that we have had, lhat we have purchased and I'm gues~ing , I don't know but lhey were probably cheaper They lended to yellow and change colOrs If you dnve I mean you can see the differences from the globes Some or the worst ones. I tJi1nk . are gone Mayor Woodward said I have one other questoon ... 500 hundred represents 125 hght fixtures? Mr Leesa~ correct Mayor Woodward sa,d how many of that 500 are spares? Mr. Lee said that ,s a good question I am not sure 1r I have that In formation here or not I think there are somewhere around 111 out there. existing
There were more al one point in time, bul some were taken down or never put up. like along Chase Bank I
beheve that there are 111 . so the rest would be spares Mayor Woodward said okay, great
Counc,I Member Wilson said one other ctanficallon Are the globes the same ,n all of these companies? Mr
Lee rephed they are not all the same Some or them were polycarbonate. Council Member Wilson said I mean
not iust the base, but the globes themselves? Mr, Lee replied the globes are the same. II was a 16 inch globe
with an 8 Inch opening. One company did not give us an 8 Inch opening Council Member Wilson said but thr /
are all made of the same material? Mr Lee said ac,yhc, yes. whije acrylic Couna1 MemberW~son said oka/
Mayor Woodward asked if there were any other quesbons
Council Member Penn asked a;e we going to fix the standa rds too Is that In lhe budget or Is thal next year?
Mr. Lee said you mean the lights? Council Member Penn clarified the metal standards. Council Member Moore
said the tight stands Council Member Penn said are we looktng at repainting some of t~ose and gelling them
refurbished or is that just not In the budget nght naw? Mr Lee responded ft Is not in the budget We had looked
at that and I think that the pnce that 1 had received from a company is S225 00 a pole to repaint those
Council Member Oakley said you were going to do some electrical repair work. Is that right? Mr Lee said lhal
has been done
Coonc!I Member Peon said 1f I ::outd possibly make one suggesbon ts there anyway we could get one or two of
the other low eoo ones, and put them up and see if they fade or see how they wort and see ~ they are
comparable to the other ones also Mr Lee said I can do thaL
Mayor Woodward sa id I think It would take years to see the fading Council Member Penn said It might. but ii
we could see 1f there is a major diffe rence Mr Lee said It Is worth a try that Is a good suggestion
Coonctl Member Oakley said you are not suggesbng that we hold up this bid? Council Member Penn said
no no I am Just saying that if we have a few dollars lert somewhere we look at a couple of them on a pole and
see how :hey lair with the good ones. Mr. Lee rephed I'd be happy to do that
Council Member McCashn said I'd like to say that we've met these Mountain States people They've been at
the CML confefences and they are very upstanding people, h,gh quality very trustworthy people I would have
no qualms or doing business with them I 1hInk they are above board and they tel ~ like II is So, I have no
qualms about going with this company
Mayor Woodward asked It there were other questions There were none
COUNCIL MEMB ER OAK LEY MOVED, AN D COUNCIL MEMBER PENN SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (II).
Mayor Woodward asked i f there was any further discussion There was none
Voto roaulls:
Ayes Councll Members Penn . McCashn. Moore, Woodward. Jefferson.
Wilson Oakley
Nays None
Motion carried
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Englewood City Council January 05, 2009 Page 7 Mayor Wooctward said thank you Dave Mr Lee said thank you (••) Fleel Manager White presented a recommendaltOn from the Department of Public Works 10 approve , by mollon , the purchase of a dump truck , Staff recommends awarding lhe conlracl to Tranwesl Trucks ,n the amounl <if $106,646 00 piggybacking on the City of Rifle's contracl He said this truck w,11 be equipped with a plow and we are also equlppmg ,t with a stainless steel dump body on " With the slaInless sleel dump body, we are able to extend the life from 8 years lo 12 years. on the dump truck funds are available from the CERF funds. If you have any ques110ns. rn be more than happy to answer them
Councd Member Oakley said If I could make a comment. I had the opportunity lo look at lhls truck and having
written specifications like this before, I was Impressed with whal I saw This is a nice ng and lh1s slainless sleel
box w,l save us money in the long run.
Couool Member Wilson said can you talk aboul lhe flex fuel opl10n and why 11 wasn't chosen Or Is 11 nol an
opllon? Mr. White replied 11 was not available. This truck Is equipped wilh a diesel engine. so flex fuel lsn'I
available Ms Wilson said okay
Mayor Woodward asked if there were any other questions There were none
COUNCIL MEMB ER WILSON MOVED, AND COUNCIL MEMBER JEFFERSON SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (iii).
Mayor Woodward asked ii there was any discus soon. There was none
Vote results:
Motion carried
Ayes
Nays
Council Members Penn , Mccaslin, Moore, WOOdward, Jefferson.
Wilson, Oakley
None
(Iv) Fleet Manager White presented a r&commenda~on from the Department of Public
Works to approve. by motion , the purchase ot an Elgin street sweeper. Slaff recommends awarding the bid by
piggybacking on the City of Colorado Springs' contract. to Feris Machinery Company tn the amounl of
S1413,747.00 He said this machine has mel all of the requirements as far as age and hOurs of use. The funds
are available lhrough lhe CERF program . If you have any quesllons, I'd be happy to answer lhem.
Councd Member Oakley said coming from Faris. I assume th,s Is a Pelican? Mr White said yes, it is Council
Member Oakley said equipped wit;, the comparable equipment we have nrN/1 Mr Whole said It is equipped with
a~ cond1110nong It IS hydr:>-slaloc drive. It is actually a newer des,gn than the older ones The cabs now are not
a part of the frame so they are free flowing a hrtle bit, which I'm sure you are partlcularl y lnleresled in Mr.
Oak ley.
Mayor Woodward asked of there were any <>Cher quesllOns There were none
COUNCIL MEMBER JEFFERSON MOVED, AND COUNCIL MEMBER WILSON SECO NDEO, TO APPROVE
AGENDA ITEM 11 (c) (Iv).
IAayor Woodward asked If there was any doscuss,on There was none
Mayor Woodward said I am always amazed at how Public Works Is atNays lhe first to gel lhese oul at lite
beg lnnln~ ~, the year. Well done
Vote results :
Motion earned
Ayes Counctl Members Penn , McCasbn. Moore, Woodward, Jefferson,
Wilson , Oakley
Nays None
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Englewood City Counc II Jan uary 05, 2009 Pago 8 M Fleet Manager WMe presented a recommendatoon from the Departmen1 ol Public Wori<s 10 aporove, by mouon. the purchase ol a bucket truck Staff recommends awarding the bid to the lowest technically acceptable bidder, Transwest GMC Trucks. In the amount of $73.0<l8 00 He sa,d this IS for our traffic department It ,s a 30 foot bucket truck This truck was ongmally scheduled for replacement last year and we had a few b•d ,ssues with ,t so we went ahead and re-bid 11 for 2009 Transwest GMC Trucks was the lo,vest technical acceptable bidder on ,1 and we accepted the low b!d
Couoc,I Me nber Wilson sa,d I have a questoon Flex fuel wasn't an opt,on? Mr White ·Pplled tn,s truck Is also
equipped ••th a diesel engine, so the ftex fuel option wasn I available for 11 Council Member Wilson said
belWeen 'ranswest and Burt. there Is very httle difference In the bids Why did we pick Transwesl? Mr White
answered the only reason was that they were the lowest bidder Both Burt and Transwest met the bid
requirements and that was tho reason lhal we did II, through the purchasing rules, If they are the lowest bidder.
then that's who we have to accept Council Member W11Son said okay I was Just thinking that we could take
care of our own and buy m Englewood Mr White said sure Councd Member Wilson said anyway that's what I
was thinking It Is 100 oad that they couldn't come down
Mayor Woortward asked Pal, v.hat happens to the old bucket truck. Mr White l'!sponded we qenerany put
those out to auction We auction them off atter they are surplused. The cunen. uckc11 truck th • we're
replacing has been ,n service lor ten years It's basically worn out , so what we will do ,s , once II Is replaced,
lhen the surplus equipment goes lo our purchasing department and then they are auctioned off
Mayor Woodward said I'm just ask,n;, the quesloon Maybe Dave can answer or get involved on that too I think
1n the past Parl<s and Recreation has been looking at a bvckel truck or desinng something like lhal to do things
like replaang globes on Broadway, trimming trees, doing thongs like that Are there any opporiuniiles does ii
make any sense for that l)'pe or truck for that specific truck to be used by Parks and Recreabon? So they
are nol asking Public Wo:1<s for, or schedu ling with Public Works, lor the use cf that type of truck Mr White
said l hal would make sense if their needs are such We've done that ,n the past with va rio us difleront 1ypes of
equipment If a department needs 11, we ha\'e held over some vebcles I'm not sure Thal would be a question
ror Dave and the traffic: department would hav· to answer. as rar as how mueh use tney would have for It. but
ye.s, we have done that before So yes that Is an optJon [Clerk's note Dave Lee spoke from the audience but 11
wasn't captured on the recording) Mr Whtie responded JUsl the holdover fee I would have lo look al ,1 Dave If
,11s based upon this purchase pnce ,t would be around $7,300 00 to S7,600 00
Mayor Woodward said I want to pass ,ton to Gary and gel his response City Manager Sears sa1d we do save
some vehicles As we try to lake a look al our fleet management. we try to reduce those, from an insurance
viewpoint, but ,r U1ere Is a need out there, we take a took at II We could come back to the City Council with that
Part of lhe reason we auction to sell ,1 off ,s actually to mamta,n our CERF fund because that n,oney gets
replenished back onto that for vehldes. but I am not sure Again, there's a budgetary elemenL but also a need
out there IS certainly something we could take a look at Would the aucbon, 111 terms of the cost or value of that
unrt, be someth,ng you would count on lo help replenish the CERF fund or Is the amount so low that 11 would not
make that much difference?
Mr While said Gary you are very accu rate When we develop our CERF funds we take a look al the fund and
when we assess the departments, there are yearly costs , yearly CERF amouni •. That's based upon reallzing a
ce11a return wtlen we auctoon that vehicle off So the amount that lhe department actually pays lor the
rei:..x.emenl vehicle is actually less lhan the dollar for dollar replacement. The way that we are able to do that is
by utthz,ng some of the auctooo value ol lhat vehicle, to lower that cosL and then also our Finance Dep,1rtmenl
inve;;ts thal money thal ,s In that CERF fund so we reall?e some return on lnvestmenl with interest So aciuahy
the department ,s paying currenUy 93 cents on the dollar for replacement
City Manager Sears said bul If ,t would be okay w,th you and Council , we ,.ould do some analysis , because
there truly ,s. w,th the number of folks that we are dealing with. there may be a need I know ,1 has been
idenlif~ ,n ou• Parl\s and Rec and whether going out an I buying a new u111t or btd that, 1f that tooks hke lhat ,s
coming fo,waro ,t ce1ta,nly a cost,benel,t analysis we could come back lo the Counc,I wr.n where our P31kS anJ
Rec Department ,s
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Englewood City Cou ncil J.,~uary 05 , 2009 ?J9C 9 C011nt11 Member Oakley said there a•e other factors th~re too, J,, where P;,rks and Recre;,bon woul:f need to meet budgetary respons1b1l1ty for ma ntenance on the machine and we ate always trying to keep CERF at a m,nimwn as fa1 as vehic1t1 are co emed And 11 would depend on hoN cften !hey use ~ too d it ,s wonh keeping or nol so 11 a goo.:! suggestion. tl'Jl !here ar~ a fol of 11t,n9, to look at COUNCIL MEMBER OAKLEY MOVED, AND COUNCIL MEMBER WILSON SECO NDED, TO APPROVE AGENDA ITEM 11 (CJ (v),
Mayor Woodward askt-d If there was any d<SCUssion There was none
Voto results:
Mc,t ,on carried
Ayes Council Members F'enn , Mccaslin, MOOfe, Woodwarc , Jellerson,
Wilson, Oakley
Na ys None
Mayor Woodward said lhank you Pat Counul Member Oakley said thank you M, White
12 \lenoral Discussion
ta) Mayor's Choice
(I) Mayor Woodward said I Just want to address wha t l1tlle I know of Ms. Dawson's request
for a neighborhood mediation team or something hke that I know that the C,ty does provide, ar has in the past
provided some medlaUon, some professional type mediation , amongst neighbors. One of the things about
mediation I:, !hat you obviously have to have two pa.ties willing to mediate. I think 1t ls a very tnteresllng Idea
Med,al>ng something l>ke tha~ my guess Is that 1t 1s more than, probably, a few classes It Is probably a
professlOnal that does something like Iha~ but I think it 1s a great Idea It would be interesting to know, maybe
from Code e,,rorcement 01 from police, how often we would have er r.eed something like this. I appreciate you
coming with an Idea hke Iha~ because rt ,s somelh,ng !hat really ac ·esses the community needs and helps
neighborhoods
(ill Mayo• Woodward said I wish everyone a Happy New Year and I think we are going to
have another busy year
(111) M1 yor Woodward said I was lucity enough to start again 11>,s morning with Fas Tracks at
7 30am
(b) Counal Members' Chotee
(1) Couricd Member Penn
He said I hope everybody had a happy holiday and everybody ,s re,nv,gorated for the new year We do
have a lo1 coming up
2 He said Sally, t Just sug gest you possibly go to KEB See ,f they would start looking at something like
this for you I do understand some of the problems Maybe that would be another effon KEB would like to l ake
a look at
(II) Council Member McCasl1n·
1 He said being the Council Jla,son for KEB Sally , I can ta lk directly to you about this I really apprec,ale
you coming A lot of times you have c1tl1.fns coming with problems and r 0 '11plaints, but they offer no solullons
or resotut,ons , which I approclate with you You have a problam , but you "re not putting ,ton the City, saying
you guys are making bad decisions At least you are coming la with some son of resolution I would definlteli
talk to you and give you my number afterwards Thank you
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Englewood City Council January 05, 2009 Pag e 10 2 He sa,d I hope everyone had a happy holiday (ii,) Council Member Moore sa,d I was JUSt go,ng to cover something we covered In our Study Ses5'0n. which IS that al our last CouncU meebng, we delayed vobng on Counc,t Boll 79 unbl January :o" 11,s the expectatoon. based on our Study Sessoon, that at our next Counc,I meeting, when lhal comes up, we w,11 have 10 further delay Counol Boll 79, which ,s the boll regarding hard surface standards So Just a hllle warning that Is expecled lo run Into February al some polnl
(ov) Council Member Oakley said thank you to lhose who appeared before Counal tonight
M Council Member Wilson
She said thank you for com,ng I appreaa~ •l we au do And again . yo~ re commg wnh a solut10n or
an ahemalJVe, Just not the problem
She said Happy New Year everyone
(vo) Council Member Jefferson.
1. He said I'll also !hank Sally. I've seen situations wh ere mediation probably would have been nice and
my thought is that there Is probably the vast majority of code where It prouably wouldn'l so we have to make
sure we frt II In, in those situations where ii would make sense
He said I'll wish everyone a Happy New Year as well
13, City Manager's Report
(a) Coty Manager Sears said I just wanl lo add that Commander Gary Condreay is here, who is 111
charge of our Code Enforcemenl As a commander in the Police Oepartmenl, he will be provid ing Council wolh
a report or information about our mediation, which we do use on a penodoc basis Some of that information may
be able to be used IO help resolve the Issue We wil forward that to Counal
(b) City Manager Sears said secondly, a reminder of the Nationa l League of C1tIes coming up If
you are planning lo go, I lhlnk many of you already have the material, just gel lhat into Sue so we can get lhose
rooms laken care of
(c) City Manager Sears said I wish everyone~ Happy New Year
14 . City Attorney's Report
Coty Altomey Brotzman did nol have any matters 10 bnrog before Council
Mayor Woodward said I JUSt wanted to menlion lhat I see a number of our Englewood Leadership Academy
folks here We certainly welcome you . This was probably one of ou r quietest meetings of the year So, of
,nyone would hke l o come forward and talk for awh ile, you're welcor.1e. No one came forward
15 Adjournme nt
MAYOR WOODWARD MOVED TO ADJOURN The meeting adjou rned al 8·36 p.m
Deputy City Clerk
Englewood Community Gardens Prop osa l Poss ibl e use for the Englewood Depot J essica Ol~n. EnglcMod midcnt (JOJ) 781-8962 Rhonda Wilcox. Englewood residen t • Envi ronmentally Sustainable • Healthy Food for Fam1hes • Loc:al Food Producnon
• Builds a greater sense of Community
• People learn about healthy lifestyles & Gardening
• Supphes food for needy families
• In hard ccononuc limes, people seek greater sel f-
n:liance
• Student, youth and family work & education
progiams
• Bcautif) an unll5Cd lot (poss.tbly the Englewood
Depot-?)
Rdtrtnces & Reso urces
Urban Fanning
hll[l I\ I\ I\ url>an fonmni!orr
Denver Urban Gardens
hnn d '!Jl ,1rs llllln( a,p
Rosedale Garden at Harvard Gulch
hnn. Jim mg prnfik-111...-.la!~~ htm
Chicago's Gn:emng Network
hop ,~\\ __ gJ\.°l'.11!!.~lchu:,w.,o or,!:_ m<lc , h11 nl
Communil) Supponcd Agncuhurc
hllfl. ,,~ \\ lu,alh_!!r\_c,1 illi!_
The Great Neighborhood Book
by Jay Wallijaspcr
PUBLIC CO MMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT January 20, 2009
PLEASE LIMIT YOUR PRESENTATION TO ' 'VE MINUTES
PLEASE PRINT
NAME ADDRESS TOPIC
Background Information Dnveways add a SIQ!ltficant amount of impervious CXNer m a communtty. Onveways often slope to the street and are direct condurts ct pollutants from automobiles -emlSSIOllS, leaks and deteriorating metal partS -as well as rrom household activities, such as washing and repamn;i vehicles, maintaining lawn equipment and applying salt ror ice removal. By reducing driveway length and width, les s polluted runoff occurs, and construction and maintenance costs ore lower. Allow and promote the use of porous driveway surfaces, such as porous povers and reinforced gross grids.
Community Strategies
• Encourage the use of shared dnveways to reduce impesvious areas.
• Consider ribbon dnveways, which are two strips of pavement with grass in between. They are
cheaper to build and reduce 1mperviLl'rs CXl\.'ffilge.
• Do not allow roof gutters and downspouts to drain onto driveways.
• Consider maximum limits on driveway lengths, widths and curb cut widths.
• Consider relaxed front yard setb;)ck requirements to reduce dnveway length.
Some Examples
• The Built Green Colorado'" Oleckfist recommends that permeable materials compose 'IO
percent of all walkways, patios and dnveway areas.
• The Built Green Communmes"' Oleckllst suggests that driveways be narrowed or "necked
down" to a maximum l<rfott width at the street coonection.
At a 61cince
• Onveways are a s,grificant component ct a community's 1mpeMOUS !iJlfare roverage.
• To reduce lmper,Aous CXNer, dnveways should be designed to be as narrow, short and few as possible.
Typical Onveway
More Impervious area lhan necessary
AWARE Colorado Addressing W ater A nd Natural Resource Education
NEMO Tcchn1c:il P3J)Cr Number 6 OnvC\,ays
NEMO Recommendations Regaldlqg D1MWi1YS
I lrillalaapi.tllc: ewcallonall)I0!18ffl~hpolBl'llill
M.wse lnl)ildS of ff4lGMOUS ll.f1aces, such as <ilveways, on
Watt,/f9SQ.rC8!_
0onol ... rod~ and07M\Sll0Uls loct3'1 CMf
lllllflM(Q
<i1veways
I ,.,,, lnlprornc,19 0., use of porous~ Slllacas,
lncludnii
porous asphalt and CXXJCnlle rrm,es. payor liocks al'd bnel<s l.lod
., sand, concn,te lnl gms gnd paven aw,ed --and p,81
l I~ local zmng and Slbi111Slon ~ and road ard
lffieW,/f ordnances D dallmn « they pnll!lde long and Wide
"'1)eMOIJS~RINl8•~
I I Asagenen,I ~p,incipe. keeplheiurb!rd ~11.
a
nniunand asshort,IWl'OW,ardpanu•~
l . uni ~cubCIJIS IO-~ a
l I Ah shanidctM!ways lo S81V8 caMl81t1818188S and'-" lo
l<U
sangle-larrilylds
11 ~ maxnun imlS on pav&J 01Ye-..ay longlhll
, Eslallllsh mau'IU1I !mis on paved lffieW,/f Wldlhs
, EsWshmaxnunlmlsonpMda,_.,cubcuwdhs
Mmnzu a,,,'WJ'f s,<l.'W,Jlk croSS1ngs m,poMous surlaces lhal ,ta," lo aqa,...>nl J:'ll'OUS areas (Sill!, ,n nw1111mklbal'ils lO< .meway CIJ'baisnu rood Where~~Slllaccs are ,nslallOd lhoy Sl\Olldbe n1or.;ec1 ons crow:-oid and i>lched 10 drec1 runoff to aqacoot porous areas Alow vanrus.,_.l'/005915 ~ _...,,..Iha! Where~<tr,oway 1<J1acos are 1ns1al0d, dsnfl 1heo1 co,~a,n less .,,...,,ous s<1<1ooe 1hm1 lhc more COl'rJT\ll1 lutt 'Md!l1 C011118CIJOl1 lo roods cullS and cunan <Jalns Wllh poroos $1i,g1e slab ,;,..,, matenafs 11 !he aroa -e tho dwe mtOISOtls lhe 1oad Allow $ngl0 ~100 Slr:l ghl ,,1,es lo bo a· or 9' Wide and 00<.llle I Pemll1 tho USO ol w;Mli d'lvoways ,n low dcnslly levoi Ml3S la1il Where porous dnvoway sutacos are used, nlSUIO thal a propts ttwos 1o oo ur sit> base. a,p.,t'je ol inlilralJng _., ctea,,smg sionn Willer nnon ,s l'r<rnO!e lhe use ol ctiveway lips M 1,cn1 yard 'ldls lo lMJCll 11Slaled tho IWhaleve, type ol dfn#ay ,sinst!lled.lsh:xld,-~ on,,er,,oosress d a sep.'llllld wal!< system II a separate walk 1$ OXJSbng SIOOn walor !lows along lho road Ol lhrough da,nage ~ have ,1 be buJII ol porous S<11ace malonals o, lad118$ Addr,-ss 10 C11y Council
Jan 20. 2009 Doug Cohn
I am challcngrng vou to lhink ou lsidr 1hr box 1011igh1 Inside 1hc box arc concrelc and asphah
I challenge you 10 consider crushed roclJgravel driveways and parking pad s as good choices 1101 JUSI as
grandfather i1c111s I would challenge you 111 add 1lhcm 10 the list of encouraged surfaces
C'rushtd roc k is a btttrr choirr. Porou s is btller th:an non porous .
I . Tbt City of Englewood Wtb site 1alks about 1his Go to uti lities, click on stom, water. click on reducing
storm water pollution Follow the links porous materi als arc advocated as bcncr materials in low trnOic
areas than either asphnh or concrete Concrtlt nod Hphalt arc asrn1i1I products in our currtnt way or
lift. Dul drivrways and parking pads un and s hould use porous ma1cri11ls.
Follow th e links
A WARE Colo ra do (Addressing Water and Natural Resource Ed11ca1ion). (1his si1e oncrs the best links to
thin!ls being done around the country)
The Colorado waler Protection Project.
The Co lorado Dtpt. or Public lleallh,
The Urba n Drain,igc and Flood Co ntrol Dislrkt.
Built Grttn Colo rado: to qualify, 40% or dri v.-way ~nd parking space mu st be porous
ThrHA '
All proclaim 11oro us is bcur r lh:in non porous. Keeping nmoff nn ones pm11cny" bt:1tcr than
hav ing it runoff into the stonn Jrain ,ystcm
Culooadu Springs, and a few other cities arc even offrrin g a 1a1 in rrnl h ts tu cum en tu porous
111a1c11als
2 Public l'V lrnd a dorumrnt:iry a I\:\\ weeks ago abou1 indus trial so urcr s of grren home gnses.
Guess thr top two sources Il l \\t>rldw1de by far are ccmcn l plants A di~1ant 200 1s oil 1cfincrrcs
Ynu arc currcn1 ly demanding use of products from th~-sc sourc~-s
I challenge V<MI h> go i,trccn rn 1his area f n,:lrwood ran brcomr a na tion•I lcad r r in br llrr so lnc ions In
th e storm watt•r 11roblrr11.
Way,w kn,,,. 1 11hm11 tit/\ ,111.ff. 11'1 l11111 111k,• tlw lmd I 11/k 111 ,\ Ir. l •m11h1 r,r /11.1· tn·r.11111 111 clu.tr>:<' of
,101111 water . hk 11wr,· ,,m,,luHL\.
/\n imponam 4ucsti,,n is /\D/\ comphanc.-I underSldnd that 1s the marn reason Denver requires co11crc1c
and aspha lt 0111 . lhcsc porous surfaces c.1n be made Al>A compliant ADA compliance is a non ncgouablc
issue thac must be deal! wnh
I r hall engr y1111 to go forth a111I hr grrrn. You h1n·r a grt•I 01wor1uni1 y to hre1k nr" gro und ind takt
~
Cit~ <)fEn~l,:wood : Reducing Stonnwatcr Pollution Reducing Stormwater Pollution There are many ways you can reduce storm water pollution uound your home. By practlong healthy habits around the house, you can keep pollutants like pet waste, grass dippings, and automotive fluids off t he ground ana out of lhe storm water. H ealthy lawn and garden habits: • use fertH,ter spanngly. • Don't use fertiUzer or pesticides 1f raln ts expected. • Oo not mix or prepa re pesticides near storm drains.
• Sweep up yard debris ond throw It In the trash Instead or cleaning your sidewalks and
drhleways with a garden hose-
• Avofd over•waterlng • water only as much as yOtJr lawn can ,bsorb.
• l<eep leaves, grass cllppklgs, and ot.her yard waste dtar or duveways, S)dewalk.s, and
slfeets so lt won't gel washed Into the storm drains.
• When landscaping, place piles of dirt or mulch aw ay from storm drains, and keep the
plles covered when you're not using them,
• Keep trash In sea led containers and keep the trash area clean .
Hult.hy pet c.ore habits:
• When walking your pet, remember to pick up your pet's waste, bag it, and dispose or It
properly,
• At home, bag pet waste and place It Into the trash . Pet wastes contain harmful bacteria
and nutrients that wash Into the storm drolns and eventually Into local wate,w1ys.
He.a lthy vehlcle mafnte na nce:
• Use a commercial car wash o r wash on the lawn or unpaved surface where the SOJI can
absorb the water.
• Keep vour vehicles well maintained. Rep,lr any leaks In lhe otl, transmission, and
b<ake systems promptly Leaks and spills can form toxic J)Uddles that eventually wash
Into the storm drains.
• If a Spill occurs, do not wash down the area with water Instead, use kitty htte1, sand,
or sawdust to soa~ up the nuld, then put It In the trash.
• Recycle used oil, batteries, and antifreeze.
Addi t ion al Resources (outside links):
• AWARE Colorado (Addressing Water and Natural Resource Education)
• Colorado Water ProtecUon P,oJect
• Co lorado Recycles
• Co lorado Department of Publlc Health • Water Quality Ct ntrol Division
• Urbnn Drainage and Flood Control District
• Envtronrmntal Protect!On Alteo<Y
Last updated date: t/6/2009 9:31 :24 AM
Page I ofl
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January 7, 2009 Mr. Jerrell Black, Parks and Recreation Director Ex ofllclc to the Cultural Arts Commission City of Englewood
Englewood, CO
Dear Jerrell,
I have enjoyed and appreciated the opportunity to serve on the City of
Englewood's Cultural Arts Commission for the past 8 ½ years. It has been an
honor to serve the community and to help further a connection between the City
and Englewood Schools.
Over the past yr army priorities have needed to be directed toward my family. As
a result, I have not served the Commission in a manner that Is deserving of the
City of Englewood. As we have discussed, I would like to resign my position on
the Cultural Arts Commission so that our alternate member can fill the vacancy. l
would very much appreciate the chance to remain active and to serve as a
shared liaison for Englewood Schools and lhe Cultural Arts Commission.
Thank you for your consideration and assistance in this matter.
Sincerely,
Kate Dulaney
cc Eric Bertoluzzi , Cultural Arts Commission Chair
8a
Debby Severa • From. Jerrell Black Sent: Thursday. January 08, 2009 11 ,22 AM To: Debby Severa: 'Eric Bertoluzzl" Subject: FW: arts courd From: Mike Keene [manto:keeneart@gmalt.com]
Sent: Thu~day, January 08, 2009 11:15 AM
To: Jerrell B1ilck
Subjed: arts council
to whom it concerns
Englewood Arts Council
Sb
As I unable to participate in the meetings for the Euglewood Arts Council, please remove my name from the list
ofmemb~ and allow someone else to take my position .
Sincerely,
Michael Keene •
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ORDINAJ'ICE NO. SERIES OF 2009 BY AUTHORITY COUNCIL BILL NO. 3 INTRODUCED BY COUNClL MEMBER ____ _ ABll..LFOR 9t11 AN ORDINANCE APPROVING SUPPLEMENT NO. 165 TO THE SOUTHGATE
SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR TIIB INCLUSION OF LAND
WlTHlN nm DISTRICT BOUNDARIES .
WHEREAS, Southgate Sanitation District recommends the inclusion of approximately l 5.618
acn:s into the District; and
WHEREAS, said inclusion is located between South Steele Street and South Colorado
Roulevard, South of Belleview in Greenwood Village; and
WHEREAS, the zoning oflhis property in Greenwood Village is RC$idential 2.5 (R 2.5) which
is 10 be subdivided Into 5 residential lots; and
WHEREAS, said annexation of Ibis pan:el of land will not increase the tap allocation to the
Southgate Sanitation District; and
WHEREAS, the Englewood Water and Sewer Board recommeoded approval of this Agreement
at its November 11, 2008 meeting;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNClL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
~-The Agreement between lhe City of Englewood and Southgate Sanitation District
entitled "Supplement No. 165, to CoMcctor's Agreement", which includes 15.618 acres located
between South Steele Street and South Colorado Boulevard, South of Belleview in Grecowood
Village, is hereby accepted and approved by the Englewood City Council. A copy of said
Agreement is attached berr<o as "Exlubit l" and mcorporated herein by reference.
~-The Mayor r City Clerk arc hereby authorized 10 sign and attest, respectively, the
said Agreement for and on behalf of the City Cowicil and the City of Englewood, Colorado.
Introduced, read in iull, and passed on fin;I reading on lhc 201h day of January, 2009.
Publi shed as a Bill for an Ordinance in the City's official newspaper on the 23rd day of January,
2009 .
Published as a Bill for an Ordinance on the Ci1y's official websi1e beginning on the 21st day of • January, 2009 for thirty (30) days. James K. Woodward, 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 oo the 20th day of January, 2009.
Loucrishia A. Ellis
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SUPPLEMENT NO.&..:£. TO CONNECTOR'S AGREEMe, THIS AGREEMENT, made and entered into by and be~n• CIT'w'OF ENGLEWOOD, acting by end through tts duly 1u1honzed Mayo, and City Clruthereln lier called the "City,• and SOUTHGATE SANITATION DISTRICT, Arapahoe ,d Do,.s Counties. Colorado, hereinafter calle~ the "Dl1trlc~" WITNESSETH: WHEREAS, on the 20th day of June, 1961 , the City and the oilict ent«id into an Ag-.ienl in which the C!ty agreed to treal sewage origlnattng ~e Dlstrtt's santtary sewer system within the ares served by the District, which Agreemlll was nosl recently renewed by Connecto(a Agreement dated November 19, 1988; arl
WHEREAS, uld Connect~• Agreeme11t provides thet the dlticl maynot
enlarge Ila ....-.tee area wtthoul lhe wrttten canunt of the City;
NOW, THEREFORE, In consideration of lhe mutual octnants ind
undor1aklngs herein oet forth , the parties agree as followo:
1. The Ctty hereby ccnaenta to ihe lncluslon of certain a,jllonal rea
locatad kl Alapai-CQunly, Colorado, c,;,ned byo4000 Eat Belleview LLC od 11l01"9111ty
desafJed on EJdlllll A ett.c:hed haieto and inc:o,porated herein by ronnoe, lrto
Southgate Sanlla1lon Dlstrk:t. The City ag,-lhlt said additional area may t,,sarvlld w1th
lhe aewer flclllles <>f the Dla1rlct, and that lhe City wld traat the 1ewage dlloil1,19d into the
City'• trunk line from said addltlonal area, all In acco1dance with the Conneeilf1
Agr-,t dated November 18, 1988. Acco!dlngly, Exhibit A ref•rred ID inParagr&jh 1
of the ConMctcl's Agreement dated November 18, 1988, II hereby ,menckl t o lndlde
such eddltional areL
2 . Each and every other provision of the said ConnectonAgreenent
dated November 16, 1988, shall remain unchanged,
IN WITNESS WHEREOF, lhe parties have set their hands aid 1ealalhl1
_dayof~200_.
ATTEST:
CITY CLERK
(SEAL)
~~T\ ,::--I\ ('
~
(SEAL)
-::l'l'Y OF ENGLEWOOD
By: -MA=vo""R~------
SOUTHGATE SANITATION DISWCT,
ARAPAHOE AND DOUGLAS COUNTIES,
COL~ORAOO~•· ,/. -.
By.\-C.._.,.,.....""-'.,..,.fL-....;__ __
~--ENT J
E z II I is l '1
EXH/BIT"A' PARCEL DESCRIPTION THAT PORTION OF TRACTS 214 ,217 ,218 ,219 LYING SOUTH OF THE HIGHLINE CANAL RIGHT-OF-WAY AND THAT PORTION OF TRACT 220 LYING EAST OF THE HIGHUNE CANAL RIGHT-OF-WAY AND THAT PORTION OF VACATED CHAMBERLIN AVENUE LYING SOUTH OF THE HIGHLINE CANAL AND ADJACENT TO TRACT 219 AND TRACT 220 , AND THE NORTH HALF OF VACATED WILLAMETTE AVENUE ADJACENT TO TRACTS 218 ,219 ,220, AND THE WEST HALF OF COLORADO BOULEVARD AS VACATED BY DOCUMENT RECORDED IN BOOK 1620, PAGE 526 LYING SOUTH OF THE HIGHUNE
CANAL RIGHT-OF-WAY AND ADJACENT TO TRACT 218 , ALL TRACTS AND STREETS AS PLATTED IN
SOUTH DENVER GARDENS, AS RECORDED IN BOOK 12 AT PAGE 25 , RECORDS OF ARAPAHOE
COUNTY, COLORADO, BEING A PORTION OF SECTION 13, TOWNSHIP 5 SOUTH, RANGE 68 WEST
OF THE 6TH PRINCIPAL MERIDIAN, ARAPAHOE COUNTY, COLORADO, BEING DESCRIBED AS
FOLLOWS :
BASIS 0~ BEARINGS:THE EAST LINE OF THE NORTHEAST QUARTER OF GECTION 13 , TOWNSHIP
5 SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, ARAPAHOE COUNTY, COLORADO ,
BEING MONUMENTED AT THE NORTHEAST CORNER BY A 3" ALUMINUM SURVEYORS CAP
STAMPED "COLO DEPT OF HIGHWAY 1991 PLS 27278' BEING APPROPRIATELY MARKED AND AT
THE EAST QUARTER CORNER BY A 3• ALUMINUM SURVEYORS CAP STAMPED "CHICHESTER eLs
7735" BEING APPROPRIATELY MARKED , BEING ASSUMED TO BEAR soo· 15'42"W, A DISTANCE OF
26,42 .51 FEET.
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COMMENCIN( AT THE NORTHEAST CORNER OF SECTIC.J 13, TOWNSHIP 2 SOUTH , RANGE 68
WEST OF THE 6TH PRINCIPAL MERIDIAN, ARAPAHOE COUNTY , COLORADO;
THENCE ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION .13, S00'15'42"W A •
DISTANCE OF 1190.87 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF -WAY LINE OF THE
HIGHLINE CANAL , SAID POINT BEING THE POINT OF BEGINNING ;
THENCE CONTINUING ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13,
S00'15'42"W, A DISTANCE OF 135.03 FEET;
THENCE N89"34 '11'W, A DISTANCE OF 1262.53 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY
LINE OF SAID HIGH LINE CANAL , SAID POINT BEING A POINT OF NON-TANGENT CURVE ;
THENCE ON SAID EASTERLY RIGHT-OF-WAY LINE AND ON THE ARC OF A CURVE TO THE LEFT ,
WHOSE CENTER BEARS S84 '44'51"W , HAVING A RADIUS OF 598 .00 FEET, A CENTRAL ANGLE OF
20'13'58", AN ARC LENGTH OF 211.17 FEET TOA POINT OF NON-TANGENT;
THENCE N00'32'28'E, A DISTANCE OF 463 .81 FEET;
THENCE $69"33'55"E , A DISTANCE OF 328 .16 FEET;
THENCE N00"45'15"E , A DISTANCE OF 45.BO FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY
LINE OF SAID HIGHLINE CANAL;
THENCE ON SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING FIVE (5) COURSES :
1. S67'14'31 'E, A DISTANCE OF 463 .67 FEET TO A POINT OF CURVE :
2. ON THE ARC OF A CURVE TO THE RIGHT , HAVING A RADIUS OF 916.00 FEET, A CENTRAL ANGLE
OF 13'09'09', AN ARC LENGTH OF 210 .27 FEET TO A POINT OF TANGENT;
3. S54"05'22"E, A DISTANCE OF 233 .22 FEET TO A POINT OF CURVE ;
4. ON THE ARC OF A CURVE TO THE RIGHT , HAVING A RAD IUS OF 891 .00 FEET, A CENTRAL ANGLE
OF 07'19'24 ", AN ARC LENGTH OF 113.89 FEET TOA POINT OF TANGENT ;
5. S46"45158"E, A DISTANCE OF 135.28 FE.ET TO THE POINT OF BEGINNING .
CONTAINING A CALCULATED AREA OF 680 ,331 SQUARE FEET OR 15 .6183 ACRES ,
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1512 ........ ~.&>le:::?5 0.-, GottadO WCl ETKIN JO HNSON • IMMWIIY August 27, 2008 (via Messenger) 'el XX:~ ~\2 t~ ;mf-29!"-451 etm,ctnso,,com
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Mr. Bill Jennings District Engineer Southgate Water and Sanitation Districts 3 722 East Orchard Road RJJ <I/fl Centennial, Colorado 80121 ofl,/J
Re: HamsonOaksSouth 1.\~~
Greenwood Village, Colorado ,w
Dear Mr. Jcnnin~:
It is requested that the above referenced property be included within the Southgate
Sanitation District The propcny is currently located within the Solllhgate Water District
We are processing a plat for the property which will create five residential lots in *
conformance with the R 2.5 zooiog classification as administered by Greenwood Village.
Attached please find a reduced scale Utility Plan, dated August 20, 2008 prepared by
JR Engineering which depicts the currently proposed lot configuration .
Th.e following information is attached for your use in considering this request:
l. Two (2) copies of referenced reduced scale Utility Plan.
2. Two (2) copies of title commitment issued by Fidelity National Title Insurance
Company, effective date July 11, 2008. Please note this title commi1ment is for
the property owned by the applicant on both the north and south sides of the
Highline Canal.
3, Two (2) copies of reduced scale parcel map indicating proposed inclusion area.
4 . Two (2) original Ex:hibit B, Inclusion Agreements with attachment. Signed and
notarized by Petitioner.
5. Check No. 1202 (S 1,936.83), dated August 26, 2008 for payment of Processing
Fee and Sewer Inclusion Fee (attached August 8, 2008 calculation summary).
Please contact me should you have any questions regarding this request or require
additional infonnation. Thank you.
Sincerely,
es D. Vasbinder
/Vice President ____ ,,.
Jin1 Fitzmorris at JR Engineering (w/ enclosure)
Southgate Utilities
3198
5100
5151
5205 5201
0 1--...L.--5200 0
3011
~
SCALE 1 : 9,109
500 500 1,000
FEET
1,500 A
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COUNC IL COMMUN ICATION Date: I Agenda Item: I Subject: January 20, 2009 9a I Southgate Supplement #165 Initia ted By: Staff So urce: Utilities Department Stewart H. Fonda, Director of Utilities
COUN CIL GOAL ANO PREVIOUS COUNCIL ACTION
None.
RE COMMEN DED ACTION
The Water and Sewer Board, at their November 11, 2008 meeting. recommended Council adopt a
Bill for an Ordinance approving Southgate Supplement # 165.
BACKGRO UND, ANALYSIS, ANO ALnR NATIVES IDENTIFIE D
The City of Englewood provides sewage treatment to approximately 32,000 accounts outside the
City through contracts wi th numerous con nector districts. The area is defined by the natural
drainage and extends south and east from Broadway to the Valley Highway and from Hampden to
Lincoln Avenue excluding Highlands Ranch. By contrac~ the City of Englewood must approve any
additions of land to be served by the districts. These are usually in-fill situations that are within what
the City considers to be the area It has committ ed to serve. Adequate capacity has been provided
In the treatment plant to accommodate all such future inclusions. Annexation of this parcel of land
will no t increase the tap alloca tion of the Sou thgate Sa nitatio n District.
A request was made by the Sou thga te Sani tati on District represen tin g th e owner, 4000 East
Bellevie-., LLC, for inclusion of Supplement # 165 consisting of a parcel totaling 1 5.618 acres into
the Sou th ga te Sanitati on District for resi de ntial use. The prope rty Is current!\ zoned R l .S to be
subdivided Into 5 residential lots. The legal is attached as Exhibit "A". The property is located
be~ een South Steele Street and South Colorado Boulevard, soud, of Belleview.
FINANCIAL IMPACT
None
UST Of ATTACHMENTS
Proposed Bill for O rdinance
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ORDINAJ\CE NO. SERIES OF 2009 BY AL'lllORm· COUNCIL Bfi.L NO. 4 P.\'TROOUCED BY COUNCIL MEMBER ____ _ A BILL FOR AN ORDINANCE AUTHORlZIJsG .. CONTRACT AMENDMENT #2"' TO AN
INTERGOVERNM ENTAL AGREEMENT Bl:1WEEN 11-fE COLORADO DEPARTMENT OF
TRANSPORTATION (COOT) AND THE CITY OF ENGLEWOOD, COLORADO.THAT
PERT A.INS TO CONSTRUCTION OF A BRIDGE OVER THE PLATTE RIVER AT
DARTMOUTH A VENUE.
WHEREAS. lhc connection between 1he Linle Dry Creek Trail and 1he :.tary Caner Grecnwa)
Trail requires bicycles and pedcstnans 10 cross the Plane Ri\·er on 1he Danmou1h Avenue Bridge:
and
WHEREAS. the Englewood Cuy Council Authonzcd 111<, Cuy· s applica11on for federal funds
under the "Safe Accounlable Flexible Effic1en1 Transpona tion Equity Ac1-Lcgncy for Users .. wi1h
the passage of Resolu tion No. 77, Series of 2005: and
WHEREAS. the Englewood Cuy Council Authonzcd an IGA with COOT for S73.000 which
rela1cd to the design of a bridge over 1he Plane River al Danmou1h Avenue with the passage of
Ordinance N~. 37. Series of 2006: and
WHEREAS, .he passage of Ordinance No. 57, Series of2008 nuthorized Con1rac1 Amendment
# I and 1he acccp1ance of on additiona l S362.000 for the construction phase of a bridge over the
Plane River at Danmouth Avenue. and
WHEREAS. lhc proJcct is currenlly under construc11on and 1his Amendmcnl #2 docs 1101 change
1he fw1dmg sources or IOlnl projc<t cos1s presented 10 Chy Council at lhe 1ime of award: and
WHEREAS. the passage of this proposed Ordinance will cl.onge lhree provisir ,, of the ex1511ng
IG!\ as detailed below :
I. Change lhc over-matdung fund amount on E-1h1bn C-: from S 112,750.00 to S335.500
(This 1s a .. housekccpmg .. change for the Agrccn1ent . COOT was aware 1ha1 l:n£lcwood
wo uld provioc addi1innnl ovcr-mmch before they issued 1hc ··concurrcncc to Award· fot
the projc,:t.)
2. Upda 1c the Special Prnv1 s1<1 ns 10 CDOT"s current ,·crs1011. (lltcsc c hanges ore mmor nnd
ha,·e been reviewed and approved b)' 1hc CII~ Anomc)'°, Office.)
3. Replace the Fundmg Letter" 11h the Op1 ,on Lener b~ revismg Secuon 25 and bxhibil r.
(The Option Leiter would allow COOT and Englewood 10 mnke cenoin comroct changes
wuhoul a foml81 amendment 10th< IGA. The Opuon Lcucr "111 ,treatnhne the process
for funding changes that do no1 a ff CCI the ong1nal 1cnns of lhe IGA. One e.,omple where
1h1s could hove been used is the change 111 ovcr-motclung funds in 11<~11 I alxwe.l
NOW, THEREFORE. BE rr ORDAINED BY THE CJn' COUNCIL OF rnE cm· OF ENGLEWOOD. COLORADO, AS FOLLOWS : ~ The Cny Council of the City of Englewood. Colorado. hereby 3Uthorizcs "C~ntrnct Amendment 112", to the cx1song "Transponation Enhanccmcnt Contract", for the thRc pro,is1ons of the cx1s11ng IOA wluch relate to the conslJ'UCtion of Plaue River Bndge at Damnouth at 1he Enalcwood Golf Counc. a11achcd as Exhibi1 A. ~ The Mayor and the City Clerk arc hercb)' authorized 10 sign and a11cs1 said "Contrac1
Amcndmcm 112", on behalf of the CnyofEnglewood.
Introduced. read in full. and passed on fust reading on the 20th day of January, 2009.
Published as a Bill for an OrdillllllCc in 1hc Ci1y's official newspaper on the 23'" day of January,
2009.
Published as a Bill for an Ordinance on the City's officia l wcbsile beginning on 1he 21>1 dny of
January, 2009 for thiny (30) days.
James K . Woodward, Mayor
ATTEST:
Lo:acrishia A. Ellis, Cily Clerk
I. L~ucnshia A. Ellis, Ci1y Clerk of the Ci1y of Englewood. Colorado. hereby ccnify that the
above .ind foregoing is a INC copy of a Bill for an Ordinance. introduced, read in full. and passed on
first reading on the 20th day of Janllal)', 2009.
Loucrishia A. Ellis
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(FM LA \111.J() rROJECT STE MJ9!,,il?, (15911) R,,ioo 6, (JIIIRJ') CONTRACT AMENDMENT #2 09 IJA600tMO SAP 10 27111G075l THlSAMENDMENT,ismadcthis __ dayof _____ _,20_,byandbctweothe
State of Colorado for lhc use 1111d benefit of the Colorado Department of Transponation, herei11ficr
referred to as the "State", and the CITY OF ENGLEWOOD, 1000 Englewood Parlcway, Eng)C\IOO<i,
Colorado, 80110, COOT Vendor#: 2000021, hereinafter referred to as the "Contractor" or the "local
Agency",
FACTUAL RECITALS
I. Authority exists in the law and funds have been budgeted, appropriated and otherwise nade
available and a sufficient unencumbered balance thereof remains available for this Project as set
forth be low ; and,
2. Required approval, clearance, and coordination bas been accomplished from and with appropriate
agencies; and,
3. The Parties entered into the contract dated Januruy 9, 2007, routing number 07 HA6 00035, known
hereafter as "the Basic Contract", and Contract Amendment# I dated July 3, 2008, routing mmbcr
06 HA6 00126; and,
4. The Basic Contract is an intergovernmental agreement between the State and the Coouactor
consisting of designing and constructing a bike and pedestrian bridge across the Plane Riveron the
south side ofDanmouth Avenue and a 300 foot bike path connecting Little Dry Creek and Mary
Carter Greenway Bike Paths in Englewood, Colorado; and,
5. The Basic Contract is still in effect and provides for changes to its terms and conditions by written
supplement or contract amendment; and.
6. The Panics also now desire to amend the Basic Contract to add funding to the construction phase
by revising Recital I and Exhibit C, update the Special Provisions to the current version and
replace the Funding Lener with the Option Lcucr by revising Section 25 and Exhibit F;
7. The Pw,ics enter into this Amendment pursuant to the provisions of Colorado Revised S11Mcs,
Sections 24-30-1401 ct seq .. Section 43-1-106, and Section 43-1-110, as wnended.
NOW THEREFORE, It Is hereby agreed that:
Consideration for this Amendment consists of the paym ents that shall be made pursuant to this
Amendment ond the promises and agreements herein set forth.
This Amendment is supplementa l to the Bnsic Contract. which is, by this reference, incorporntcd
1
A
herein and made a pan hereor, and all term s. condition s. and provision s thereo f, unless specifi cal ly modified herein , are to apply 10 this Amendment a though th ey were expres sl y rewritten , incorporated , and included herein . 2. The Basic Contrac t is an d shall be modified , altered , and cha nged in th e fo ll ow in g respec ts only: a. Recital Number I shall be ame nd ed to read as follows : Authority exists in the low and funds have been budgeted, appropriated and otherwise made avail able
and a suffic ient un commi tted balance thereof remains available for paymenl of project and Local Agency
costs in Fund Number 400 , Function s 3020 and 3301, GL Acct , 423120001 I, WBS Elements 159 11.10.30
and 159 11.20. JO, (Co ntract Encumb ran ce Amo unt: Design• $9 1 .250.00, Construction • $788 ,000 .00, This
Contract -$879,250.00). The Basi c Contract encu mbe red $91 , 250 .00, Amendment #I enc um bered
$547,000.00 and thls ame ndment encumbers $149,750 .00 for a tota l contrac t encumbrance amount of
$879,250 .00.
b. Exhibit C to th e Basic Contract shall be ~emoved and replaced in its entirety by Exhibit C-
2, which is attached heret o and incorporated herein by thi s reference. All references in the
Basic Contract to Exhibit C shall be removed and replaced by Exhibit C-2 , as appropriate .
c. Exhibit F {Fwtding Lener) sliall be removed and replaced with the Sample !GA Option
Letter (attached) and th e correspo nding language in Section 25 shall :,e removed and •
replaced in its entirety by the fo ll owing :
Section 25. Option Letters
Option Leners may be used to ex tend Agreemen t term, change the level of serv ice wit hin the current term
due to unexpected overmatch, add a phase witho ut increasing contract dollars, or increase or decrease the
amount of funding . These options are limited to the specific scenarios listed below . The Option Lener
shall not be deemed valid until signed by the State Controller or an auU1orized delega te. Fo ll ow in g are the
app li ca ti ons for th e individual options under the Option Leiter form :
Option I -Op rion to extend or renew (this op tion app lie s lo Highway and Signal maintenance
contracts only). In the eve nt the State desires to co ntinue the Services and a replacement contract has
not been fully approved by the termination date of thi s contract, the State, upon written notice 10
Contrac tor, may uni laterally ex tend thi s co ntract for a period of up to one (1) year. The conU11ct shall
be extended under the same terms and condi tions as the original contract. including, but not li mi ted to
prices. rates and service delivery requirements . This exte nsion shall terminate at the end of the one ( 1)
year period or when the replacement contract is signed by the Co lorado State Contro ll er or an
authorized delegate .
The State may exercise thi s option by providing a fully executed option lo the co ntractor, with in thirty (30)
days prior to the end of the current contract term, in a fo m1 sub stanl iall y equivale nt to Exhibit F. If the
State exercises this option , the extended con tract will be considered to inclu de this op ti on provision . The
total duration of this contract, including the ex ercise of any options under this cla use, shall not ex ceed five
(5 ) years .
2
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Option 2 -Level of scryjcc change v.•nhm cun:em Jc,m due IQ unexpected cwermotch in an ol'erhid situatjon 11nly. In the event the Stotc has contracted all project funding and the Local Agency·s construction bid is higher than expected. this option allows for additional Local Overmatch dollars 10 be provided by the Local Agency 10 be added 10 the contracL This option is only &pplicable for Local Ovennatch on an overbid situation and shall nol be intended for any other Local Ovcnnatch funding. The Stale may unilaterally increase the total dollars of this contract as stipulated by the executed Option Letter (Exhl bil F), which will bring the maximum amount payable under this contncl 10 the 3ffl0unl indicated in Exhibit C-1 attached lo the executed Option Lener (future changes 10 Exhibit C shall be lnbeled as C-2, C-3, e,tc, as applicable). Pcrfonnrncc of the services shall conunue under the
same tenns as established in the contract. 7'1,e Staie will "M the Financial Srqtcmcnt .~uhmlttcd bv the
wen/ Agency for "Concurrence ro Advertise" u,• evidence oftl,t Lt,cgl Ageno• ·s imenl IQ qwgrd and It
will q/sp provide the addilional amoum required to exercise this ominn, lf the State exercises this
option, the contract will be considered 10 include this option provision.
Option 3 -Option Jo add overlappjng phase wjlhouJ increasjng contract dollars. The State may require the
coniractor 10 begin a phase that may include Design, Construction, Environmental, Utililics,
ROW Incidentals or Miscellaneous (this does DOI apply 10 Acquisition/Relocation or Railroads) as detailed
in Ex hibit A and at the same terms and conditions stated in the original contract with the contract dollars
remaining the same. The State ma)• exercise this option by providing a fully executed opt ion 10 the
contractor within thiny (30) days before the initial targeted start date of the phase, in a form substantially
equivalent 10 Exhibit F. If the State exercises this option, the contnct will be considered to include this
option provision.
Option 4 -To update funding /increase:; and/or decreases) wjtlt e new Exhibit C. This option can be
used 10 increase and/or decreasr the overall contract dollars (state, federal, local m&tch. local agency
ovennatch) to date. by replacing the original funding exhibit (Exhibit C) in the Original Contract with
an updated Exhibit C-1 (subsequent exhibits 10 Exhibit C-1 shall be labeled C-2. C-3. etc).
The State may have o need 10 update changes 10 stale, federal, local match and local agency ovcrmatcb
funds as outlined in Exhibit C-I. which will be attached 10 the option fonn . The State may exercise this
option by pro,<iding a fully executed option to the contractor within thiny (30) days after the State has
received notice of funding changes. in a form substantially equivalent to t.d1l bl, F. If the State exercises
this <>ption, the contract will be considered to include this option provision.
d. The Spccinl Provbi<>ns 10 the Basic Contract shall be removed m,d replaced in its entirety
by lht following:
SPECIAL PROVISIO NS
Tho Sj,oool PIV'ltion& apply 10.,...,.,... ""'°"'...,. noted In n1111c1
1. CONTR0U.ER'SAPPROVAL.CRS§2~20ll1) Tla'°""""lhlllnatbo--rilhao--t,yt.CdoradoSOlle
~ .. ..._.
2. F\l>IOAVAIUl!IUTY.CRS§2.4,30,202lU) Flwloal~olt-.S..~-r,,~.,.,.-,.... .. ..,..__,u'Clsb
Nl_bllr'lll_...._,,,.,1go1111tOl>l-ma1-
3. INDEMNIFICATION Ta lho l,1<n11u1hart,eclt,ylow. lhoCan .. c:IO'ohalllndormly. ,a.,,,■ndrdd ha-lho5""e.bll01)la)<lelenclagonll.
~•oy ■ndlldaiml . ..,,_,iebli,YOl>l<W11w-~00111.•,;,on,_..Ol>l1110mey_■nd,.~!od""11.-Ul,_.allll)I adr,,-t,yc:anuador.Olls-.-U,_a,a __ ., .... _.,,..arncl
{~ Only tolnlarVo..,,..,..,llll Contrxu] Ho llrmor c:ondMlnollw arnct n1 be~«~-• ....... PlftSI« ,_ ol ■oyolh.,.,,,.._ ____ ., __ olhCdindo-~Ad.CIS§24,10,10111-.,a,
3
tt'll!!I FIMll!lra TortClwrr.sAt:I. 28U.SC. is·, at soq ,.nsappacal)l(l , as nov, tirnoreah@" aroonood 4. INDEPENDENT CONTRACTOR. 4 CCR 801•2 CooIn11::1or !!h.all porio,m its 01.Jbell hmeundor as an 1nOependenL oon11•a01 ana-noI as an em~ NollJw contracto, not any agen1 or Of'r1Plo)'ee ot con1rador sh11' be or 5hall oedeemed lo be an agent c, employee of1he 5lnle Conlrai:sor shal pay when due all real.lred employmel'lt llr.ces and lflCOTT'l6 taxe!' and loC3! hied II.as on any mDr'IIDli paid by Che sta1e purgua.-,II0 hs co~ Contraaor aO:now11C1ge$ tna1 cnntraC1or and ru employees .A not ar'111tlod Lo I.Klel'l'l~ymenl lnsurance beooftta u,ie5,5 contractor or u third party proQs such C:Ovet8Q8 and Uial the Mate does no1 pay 1or 0 1 0lh6t'Ms& pfOYlde s;Jth ~ge. Contractor shaU llaY& no !IUChor\Zat;on. expra&S or inlMd, to bl'.:t: me 11a1e 10 any ag,eenienL ~bihty or lllderstand1ng, exoeot as e.xi,teW)' se1 b'U1 he(-eri CanlrBCiDr shall prt>Vioe and keep in lon:u ~e,s· ~to, (end PfOVide proof of such insurance 'M"IQn,eques1ed by the slate) and unen,ployment con~on Insurance 111 lhe amol.fU raqu11'9d oy iaw and WH be 5Qk!!~ respof"ISlble for 4IS aCIS and lflos.e or lts empiDyees illrw:I agont5 , 5. NON-O ISCRIM INATlON .ConbaCIOr-Slocomoly-L-.018~8'an:lllleSf)Ui10faflapp,c:abloStato;,n;j lede,al~wsrespoc:t,,gtloaimmalion and u,fa;r ell"CJ~ practices. ti. CHOICE OF lAW The la'ws of &tie Stace oP Colorado . and rulM und reg.i.;luons 15500d purauanC lhetato-, 11,el be eppbed n lho lfllerprotatlon,
eda.lllon, ande,,,lorcemen1or thismnttaCLAllyprovi510noflhisconniCLwhelher~nollncxwporaled l iereint,yn1ference.,Wlk:hprovklesbiNbltration
by any e.xva-juclgal body or perton orwhdl is. Olhe™5e in CDlf'ict with said lrir1"nl , rules. anc ~ationa shal be a,nllidenid rd and wid. Nolhlng
aRalned1r.~pnNs:onM1ccrpora1&dt-.erelnby,efn:a'nNchptMJ)(J(tSl0nogateltis0t"nyottietspeoalp,ovislon"'i'otdeor1r1partShallbevalldor
eoforcea:bk)or ll\lilllable In lll'ly action 11 law, v.tetl'wbyWB)' olmmplainl, OOlens&. orotherv.tle . Alrf prDVlsk>n rendered rd and void by the operallon
of this prtMSlon !MIi rWl4 i walKlate lhe remainder ol lhls ccnlrad., 10 lhe aldont that ttvs c:onllact tS capable 0, execuboo Al ell times OUl"lng tM
penort'Nlnc:e or \Ns c:on1ntCt. Connc:tor sh.al stridly adhere 10 all ap:phcab1e fede.-at Bild State lil\1/S, rules, and ntgtia.1JOnS lhat h,ve-beew, or INI)'
hof,,after be establist.d
7. VENDOR OFFSET . CRS §§24-30-202 (1) and 24-30-202.•. (Noot Applicable to lmarvowmmontaf "9reemenu) The Slate Conlrolle< may
~;ttnoldpa)ffllf1tofc,,r1Bindoblsc,NOd t0Stato,g,ndo<~r,...State's"'10do,-lnt"""p1sys1amlo,:(a)unpa!dclildsupp0rtdobls0<crld
,uPIJ0(1 .,,_.ntges;(b)unl)3o<!bala,-ol1>~"""-"<I INDnnt. O<Diho< chatgos spocl~lnCRS §39-21-101. •t seq.;{c)unpaidlctons el.<t 10 the
51we,,l l.oen OMslon of tho ilepar1menlol Higho< Educa11011; (d) ttm<...nts ~ IObe paid to Ille~ Coo-j,e1111111Do Fi.nr •• 111111 (o)olhar
Ull>Biddeb~ ""''r.edby .... State Conlltllle,BS"""'!JIOlhe Stale as. mutof inal ,gencydetenmabonot~ adion.
8. SOFlW~EPIRACY PROHIBITION . GCMmOr'1 Ellocuth,• Onlor000200. ND Stateot-publc!\ndspayoble"'°"'l/is-Shalbe
used t:w tne aapJs.'b.)n. open11tion. DI' maintenance of OOfflllUler IIOMre In violation o( leaerat ccpyrighc lawS or a~ licen.S:ng restridlons.
Cornac,l10/1by001J6esfhat.for theteimoltisatntradandanyo'1Mllons.Corvac:torhaslnpaoaappropria11tll)Ol""''r<l_to_SW1
frr1,-uso of pubic nm.. If lhe Stat• dotermnes lhat Conlrado.-lsin,ioiation of !tis parag,apt,, lhe State mayexon:l,e ,nymmody •-,,law
oroq~o, ..-Ns oorwd. iocfudlng • ..UWlrrilabon,lnm!dlate tem1",alictn ollhh """'11d and llll)l '"mtllfy con~IOenl'"'1 fedoralo:tpj!lgnl ta,.,
orapplc:ablelloonsing,.,11"<:tlons.
i . EMPLOYEEANANCIAL INTEREST. CRS §2 .. 1&-201 ond§2""50-507 Thelignatoriesoverthatto lhe,-krl)y,lodgo.ro~oflhoSIB., ha
-, per&O'\&I 0t benefioal Interest whalsoEMtf in the seMCe or propertydesoi>ed In this ccnlr&Cl.
10. P UBLIC CONTRACTS FOR SERVICES . CRS §8-17 .S.101, ('Not Appllc1blt to •9rN'11tnts nd•tJng to th• offff, 'Huillncir, or ult
of Ht:uritiH; ln\19.stmtt'II •dviso,y u,vic,s or fund m1n1gtmenl Hrvkts, spon.sored projKts, lntwpo~mmen~J agt'Hmtnr,, or
infonn,tion tKhnology HMcH or products •nd urv/ces) Contrtiaor cerur,es , warrants. and eigrees !hat h does n..1 knOWll'IQly employ
or contta::t witn an Illegal alien v-ho wlN perform won,; Lnder thLS COl'ltrad and will confiffl'I the employment ellglbllky of al employees who are
08'nfy ~ea 1or emp loyment m the United States to perfgffn wpt;k under llllS oom@d · through pat1,clpation in lhe E-Verity Program o, the
Oepartr"nent program eSlabtrsl'led pi.wsuent to CRS §8,i 7.5-102(5Xc). Contractor man not knOMngry ern,16oy or c:onlnid with ttn IUepal alien
to P!rtoan WOffl undo~ lb!S mn!rad or ~n1!1r Into o ccnlfact ~,th I s.ubalnllidol' lha l fail , to certlly to Con.tractor lhBI lhtt subcontrador shaU
l'l01 kl"IOW!ngly emptoyor conLract wfOi an ~eg!II al11tn to perform worn ynger this conlfflct . Con1rac\or (e) .shall not use E-Verffy Program or
Ditpartment program orocodutes. 10 undMtake prt-employmerw so-eertng .JI Job uppllcanls wMe this contract ls being pefformed , (b) &halt
notify the subcontractor alld the ccntract1ng Stale agency wi lhln three aays II Conlr&ctor h.ils eduBl know!eoge lhal a sl.tloontrador is
ornploying or cootmetmg With an lllegnt a hen kJr worii. under !his contract (cl shall terminate lhe subcontract If e subcontrat10r does not stop
~y,ng or oontmdlng w,th the Illegal akon v.ithin ttiree days ol reatl't1ng the nottce, end (d) snail comply with reasormbl& rnqUMIS made
In the course of an 1nvest1gall0n, undertaken Jll.l'&U:mt 10 CRS §&-17.S-.102(5), by lhe C<Mo,ado Deportment ol Labor arid EmP'Oyme nl. If
Contrac:tor participates In the Oepartmenl program , Conlrector sheJI deliver to lhe cofllracbng Sta te agency, lnstllubon of higher education 01
p.:Mlloal s11bdrvision ii written , nolanzed offmnatton, atfiffl'Wlg lhot Contractor hali: eKarnlood lhe legal work &talui. of such employee , Bnd
rompty w:11'1 an oJ lhe othtlr requitements ol U'6 Oepartrnont program II Cootrat10r laHs to comply with any requlremena ol lhls prov ision or
CRS §8-'. 7 .5·101 ot seq,, the contractmg State agency, lnstkutlon ol higher educallon o, polilica l li:ubdrvi5'0n may loornnale ltn corilrac:t for
t>tea-ch arid. If so 1emw1a1ed . Conlract.or Shall be liable for damages.
11 . PUBLIC CONTRACTS WITH NATURAL PERSONS . CRS §24-76 .S-101. Contractor , U a na tl#al pe,SQn e&ghleent16) years or &Q6or
oder, hereby $W{tars end elfirms under penalty ol perJury thal he Of she (a) is a cill:zen or olhor-Mse lawfully present f'1 the Unl1ed Sta1e,
pursuant to reoora! law. (bl s.liall romply wilh the ProvtSions ol CRS §24-76 ,5--~0I el seq .. E:Vld (c) hes produced OJltl lorm of .Oen~ric. IIOO
roqINeC: O)' CRS§z.;.7G S.-103 prior to lhe effed1'tti date of lhls oonlract
R11vi1ed May 13, 2008
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THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT COl\iRACTOR: Cln• •[ Englci,nnd Lqal N1mr ofC001rae1iog Eadr,• llD!!.!!ll. CDOT Vendor Number
Slgnaturo of Au~'1orlted ~r
Print Nam■ & Tldo of Authorlud Officer
CORPORATIONS
(A corporolt 011e1udoo b nqalred.)
STATE OF COLORADO: BILL RITTER, JR,, GOVERNO R Bi •_---------For £ucutin Oirtttor Dtpanmeat orTnDJporttilioa
LEGAL REVIEW:
JOllN W. SUTllERS, ATTORNEY CttlERAL
By ___________ _
Allcst (~••IJ By-,::-----:,----------=:----,---c-:--:-----:::c-=---,
jCorpora1e S.crei.ry Of' equtva~nt. or TownteltytCounty Ct.flt) (Placc: Cc>rponlc Sul here. if av1111114-!".)
ALL CONTRACTS MUST BE APPROVE D BY THE STATE CONTROLLER
CRS 24•30~202 requires tbal tbt St11t Coatrotltr approve 111 na1, toatrtcts. Tbi1 contract .ls not valid unlil tht
State Con1rollcr, or such auistant H ht may dtle,gatr. hH signed h, Tb r contrac:IOr ls uot 1uthorlud to hCJln
11erform a nce ,rnlll tht cootnct b si~ntd and dat,d below. U perrorm1nct btgin, prior to th e d11t brlow, t ht' Stitt or
Colorado may not bt obligattd t o p1y for lb~ goodt 1nd/or stn'kts provided.
ST A TE COl'ITROLLER:
DAVIDJ , MCO£RMOTT,CPA
Uy ___________ _
A. The Local Agency has estimated the tota l cost of the Project to be $879,250.00, wh ich is to be funded as follows : a. Federa l Funds (FY 07 Enhancement@ 80%) $73 ,000.00 b. Federal Funds (FY 08 Enhancement@ 80%) :i362 QQO.QQ Tota l Federal Funds $435 ,000.00 c. Local Agency Match ing Funds (FY 07 Enhancement@ 20%) $18 ,250.00
d. Local Agency Matc.h ing Funds (FY 08 Enhancemenl@ 20o/o) liQ.mQ.Q
Tola l Loca l Agency Match ing Funds $108,750.0C
e. Loca l Agency Ovennatch FY 08 $335 ,500 .0C
~OTAL BU DGETED FUNDS $8 19,250 .0C
2 ESTIMATED COOT-I NCURRED COSTS
a. Federa l Share $0 .00
(80% Participating Costs)
b. Local Share
Local Agency Share of Participa tin g Costs $0 .00
Non-Participating Costs (Including Non-Participating
Indirects) $0 .00
Estimated 10 be Billed 10 Local Agency $0 .0C
TOTAL ESTIMATE D COOT-INCU RRED COSTS $0,0C
3 ES TI MATED PAYM ENT TO LOCA L AGEN CY
a. Federal Funds Budgeted (1a) $435,000 .00
b. Less Estlmaled Federal Share of COOT-Incurred Costs (2a) $0 .00
~;'rlMATED PAYMENT TO LOCAL AGENCY $435,000.00
~ FOR CDO T ENCUMBRANC E PUR POSES
Total Encumbrance Amount ($435,000 .00 divided by 80o/o) S543 ,750 .00
Local Ovennalch Cont ri bution $335 .500 .00
Net to be encumbered as ' 1llows : I $879 ,250 .00
WBS Element 15911 .10.301 Deslon I 3020 I S91 ,250 .00
WBS Element 15911 .20 .101 Consl I 3301 I $788 000 .0C
Exh ibit C-2 -Page I of2 SAIS9'1 I
8 . The matching ra 1 ior the federa l part icipating fu nds for this project is 80% federa l-aid funds (C, ~A #20 2050) to 20 % Local Agency funds, it be in g understood that such ratio app , -;s on ly to the $543,750.00 ($435,000.00 Federal Funds and $108,750 .00 Loca l ;,gency Matchi ng Funds ) that is eligible for federal participation , it being further unde, (,l, · .d that all non-participating costs are borne by the Local Agency at 100%. If the tota l participating cost of performance of the Work exceeds $543,750 .00 , and additional federal funds are made avai lable for the project, the Local Agency sha ll pay 20% of all such costs eli gible for federal participation and 100% of all non-participating costs ; if additiona l federa l funds are not made available , the local agency shall pay all such excess costs . If the total participating
cost of performance of the Work is less than $543 ,750.00 , then the amounts of
Loca l Agency and federal-aid funds will be decreased in accordance with the
funding ratio described herein . The performance of the Work shall be at no cost to
the State.
C. The maximum amount payable to the Local Agency under th is contract shall be
$435,000 .00 . For COOT accounting purposes, the federal funds of $435 ,000 .00
and local match ing funds of $108,750 .00, and Local Overmatch of $335,500.00 will
be encumbered for a total encumbrance of $879 ,250.00 unless such amount is
increased by an appropriate written modification to this contract executed before any
increased cost is incurred. It is understood and agreed by the parties hereto that the
total cost of the Work stated hereinbefore is the best estimate available, based on
the design data as approved at the time of execution of this contract , and that such
cost is subject to revisions (in accord with the procedure in the previous sentence)
agreeable to the parties prior to bid and award .
D. The part ies hereto agree that th is contract Is contingent upon all funds des ignated
for the project herein be ing made available from fede ral and/or state and /or Loca l
Agency sources , as app licable . Should these sources, either federal or Local
Agency , fa il to provide necessary funds as agreed upon herein, the contract may be
term inated by either party , provided that any party terminating its Interest and
obligations herein shall not be re lieved of any obligations wh ich existed prior to the
effective date of such termination or wh ich may occur as a result of such
term ination.
E. The Local Agency unde rstands and accepts that future reimbursement of th e
Federal funding for the Project is contingent upon the FHWA making such funds
available to the State in future fiscal years, and to the budgeting of such funds by
the Transportat ion Commission for reimbursement to the Local Agency . The Local
Agency does not by th is Agreement irrevocably pledge present case reserves for
payments in future fiscal years , and this Agreement is not intended to create a
multiple-fisca l year debt of the Local Agency.
fah ibi1 C-2 -Page 2 of2 SAl5911
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SAMPLE IGA OPTION LETTER (This option has been ereattd by t he Office of the Stole Controller for COOT use only) NOTE: This optJon Is hmiled lo Ille speetfic contract scanan~s hsted below AfJJ). cannot be used in piece of exercising a formal an,endrnem Exhibit Dale : State Fiscal Year: Option letttr No. CLIN Routing • Vendor name: ___________________ _
A. SUBJECT: (Choose applicable options fiSled befow &!Q In section B and delete the rest/
1 Optlcn lo renew (for an additional term) applles lo Highway and Signal maintenance contracts ONLY; this
re newal cannot be used to make any change IO the original scope of work;
2. level of service change within current term due IO an unexpeeted local overmalCh on an overbid
situation ONLY;
3 Opuon 10 add phasing IOinclude Design, Construction, Environmenta l, Utilities, ROW Inciden tals o,
Miscellaneous ONLY (does not apply IO Acqulsltlon/Ralocation Of Railroads);
4. Option to update funding (a riew Exhibit C must be allached with lhe optionlette<and shaR be labeled C-1
(future changes lor this option shal be labeled as follows: C.2. C-J. C-4. etc.)
8 . REQUIRED PROVISIONS All Option Letters shaY contaln the app,opriale plOYlsior>S sat forth
below-
{lnff!1 th• following f1nquaqe for use whh Options ti):
In aeco,dance with Paragraph(s) ____ of contract routing number (insert FY Aqgncv codg & CLIN
!2l!t!a9.!l, between lhe State of Colorado. Department of Transponauon , and flnW contractors name! the
stale hereby exercises the opUon fo, an addllJonal term of /inlifll perlprmance period heryl at a cosVprice
specified ,n Pari,graph/Secllon/Provlslon ______ of lhe original conlrlcl. AND/OR an lnctease In
the amount of goods/seMces at the same rale(s) as specified In Paragraph _________ of lhe
o,lginal contraCL
nnsert tht following language for use with Op!lon #21;
In aa:ordance with the terms oflhe onginal contract (IQS9/l FY Aqgacv code & CLIN roytlno #I between the
State or Colorado, Department or Transportabon and finsort cgntrllctors npme hpre l. lhe State hereby
exercises the option to record a level o/ ser,,tce change due to unexpected overmatch dollars due Jo an
overbid situation. The contract 1s now Increased by (/nd,cafe addifiona/ dolftrS here) specified in
ParagraphlSeclion/Provision ______ of the original contract
(Insert th• loflowfnq fpnguago for use with Op!lon #31:
In accordance with lhe terms of lhe original contract 1/nset! FY Aoencv code & CLIN rout,nJ l!l between Iha
State of Colorado, Department or Transpo,ta6on and IIQSed contrago(s naro, !>t[et. the State hereby
exercises the option lo add an overlapping phase in finclicate Fiscal Ygar hgre) that wit include~
which phase wilt be 9dded t/Qd Include an that apply-Design Construction Enwonmen1s1 v,m,1,s Row
/ncldqntals or Miscellaneous). Tota l funds fo, this contract remain the same tlndicate 1o101 dollars hgrp) as
relerenced in Paragraph/SecUon/Provislon/Exhlbll ______ of lhe ongnal contract.
UnSfrt the foftowfna l•nqueg• for ust wl!h Option #41:
In acccldance with lhe terms d lhe origrlal contract !Inset! FY Agency code & CUN ,put,nq #I be1ween lhe State
of Cowra<IJ, Departm<,nt or Transportation and /insert conlrpgg) aome /lg,&t. the State hereby exeic:lses lhe
opllon 1o update funds,g based on changes from stale. federi,1, local match and/or local agency overmalch funds
The contract Is now (sg/eg one · inczvam and/or deqpasgdl by (Insert clo/1arn hem\ specified In Paragraph/-
Sechonl-Provlslon/E xh lb li --~---or the origina l cont ract. A new Exhl bl! C-1 Is made part of the ongi nal contract and replaces Exhibit C. (The fo llowing is a NOTE only so please delete when us,n g lh ls op ti on: future changes for this option for Exhib it C shall be labeled as fo llows · C-2, C-3, C-4 , etc.) {The follow Ing language must be Includ ed on all opt ions): The amo unt of the cu rrent Fiscal Ye ar contra ct value is (increasedldocrea sedl by($ amount of chanqo l to a new contract val ue of ($ _____ ~ 10 satisfy se rv ices/goods ord ered under the contract for the current fi sca l year (/Qclica le Fiscal Year). The fi rst se nt ence In Paragraph /Se ction/P rovision _____ is ~ereby mo dified accord ingly .
The total contrac t value to Incl ud e all previous amendm en ts , op tion lette rs. etc , Is ($ _____ ~
The effective date of th is Op tion Letl er is upon approval of the Stat e Contro ller or deleg ate , whicheve r is
later .
APPROVALS :
For Iha Contractor:
Leg al Name of Co ntractor
By : _______________ _
Print Name of Autholized Individual
Sign ature : _______________ _
Date:
Title : Offic ial Title of Authorized Ind ividual
Stale of Color;.dG :
BIi i Riller, J r., Governor
By: ________________ Date : ______ _
Executive Dire ctor , Co lorado Departme nt of Transporta ti on
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS §24-30-202 requ ires the State Controller to approve all State Contracts. Th is Contract is not
valid until signed and dated below by the State Controller or delegate . Contractor Is not author lud
to beg in performanc e until such time . If Contractor beg ins performing pri or thereto , the State of
Colorado Is not oblig ated to pay Cont, a~1or for such performance or for any goods and /or serv ices
provided hereunder .
l aa u■nc• dlll.e : July 1, 200 8
Updated Juoe 12 . 20oa
State Controller
Dav id ,I . McDermott , CPA
By: ___________ _
Date : ____________ _
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COUNCIL COM MUN ICATION Date: Agenda Hem: Subjec1: )anuar, 20. 2008 11 a I Amendmenl No. 2 lo the IGA w11h COOT for a Bridge o-.r the Plane Ri\ er at Dartmouth Avenue Initiated By. Staff Sou rce: Department of Public Works David Henderson,
Engineering/Cap,tal Protects Administrator
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
• Council approved Resolution No. 77, Series 2005, authorizing the City to apply for federal
funds under the •safe Accountable Fle,ible Efficient Tra nspo rtation Equity Act-Legacy for
Users'.
• Council approved Ordinance No. 3 7, Series 2006 authorizing an Intergovernmental
Agreement (IGA) "'th COOT for the pedestrian bridge over the Platte River at Dartmouth
Avenue.
• Cou ncil approved, by Motion , awarding a design contract to Hartwig and Associates on
May 7, 2007.
• Council approved Ordinance No. 28, Series 2008 approving Amendmen1 No. 1 to our IGA
with COOT. This amendmenl obligated $362,000 of federal funds for construction.
• Council approved OrdinJnce No. 45, Series 2008, approving the "South Platte Greenway
Legacy Project-Partners "greement•. This IGA indudes a $50.000 Great Outdoors
Colorado (GOCO) gra,,t for the Dartmooth Bndge Pro,ect.
• Cou ncil approved the construction of the Dartmouth Bridge on October 6, 2008.
• Council approved C'rdinance No.67, Series 2008, authorizing an IGA ,_,th Arapahoe
Countv for a S250,000 grant for our two Platte Ri\ er bndge pro1ects.
RECOMMENDED ACTION
Slaff recommends Council apprO\e a Bill for an Ordinance au1horlzrng Con1ract Amendment No. 2
to our e,isting IGA "ith the Colorado D,partment of Transportation (CDOTJ ,or the bridge over 1he
Sm,th Platte River at West Dartmouth A, cnue.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Our IGA with COOT tor the Bridge 0\ er the Platte RI\ er South of Dartmouth Ave. obligates
$435,000 in federal participating funds . The IGA contains the standard prO\ision that all non•
participat ing costs will be borne 100% b1• 1hc local Agency (Englewood!.
In the past CDOT has not been concerned "Ith accuratel1 documenting the Local Agency's over•
m,ltch for a project. Their new policy requires that the Sta te Transportation lmpr01e111ent Program
(STIPI document reflect aU matching funds pro, rded by a local Agency.
This Amendmen1 w,11 change 1hree pro, osions 01 our e,isting IGA as de1ailed belO\,: I. Change 1he O\er-ma1chong fund amounl on Exhibit C-2 from S 112,750.00 to $335,500.00. (Tl11s is a ·housekeeping· change ior the 51/P. CDOTwas aware tha1 Englewood would provide adc/11/ona/ over-march befori-thei issued our ·concurrence to Award· the pro,ea.J 2 Update the Special PrO\ lslons 10 Coors curreni ,·eision. (The,e changes are m,nor and ha,~ bttn reviewed and approvtd by the City Momey's Ofiice.J 3. Replace the Funding Lener \\ilh the Oplion Letter by revising Section 25 and Exhibil F. (The
Op1ion Letter would a/low COOT and Englewood to make certain contraa changes without a
formal amendmenr to the /GA. The Option Letter will streamline rhe process for funding
changes thar do n01 arrea the orlg,nal terms of the /GA. One example where this could have
been used is the change in over-matching funds in irem I above./
FINANCIAL IMPACT
The project was awarded 10 Good land Cons1ruction on Oc1ober 6, 2008 and is currently under
construcllon. This Amendmenl does 001 change 1he fund ing sources or 101al projec1 costs
presen1ed 10 City Council at 1he lime of award. Funding available for the project Is as detailed
below:
Federal Funds
Open Space Fund
COC:O Legacy C:rant
Arapahoe County Open Space Grant
Total
$435,000.00
277,168.15
50,000.00
144,532 83
$906,700.98
The total project cos1 lls1ed In this Amendmenl No. 2 is $879,250.00 (see Exhibit C-2). Our fu nding
budget Includes a construction contingency and exceeds this COOT project estimate.
UST Of ATTACHMENTS
B,11 for an Ordinance
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BY Al.ITHORITY ORDINANCE NO. SERIES OF 200812009 COUNCil. Bll.L NO. 79 INTRODUCED BY COUNCIL MEMBER WILSON AN ORD INANCE AMENDING TITLE 11, CHAPTER 6, SECTION 2; TITLE 15, CHAPTER l, SECTION 2; AND TITLE 16, CHAPTERS S, 6 AND 11. OP THE ENGLEWOOD
MUNICIPAL CODE 2000, REGARDING HARD SURFACE STANDARDS AND
COMMERCIAL VEHJCLE WEIGHT.
WHEREAS, lhc Englewood Municipal Code contains m ·eral references 10 lhc maximum
weight of commercial vehicles relative 10 where they may be parked; and
WHEREAS, all references in the Englewood Municipal Code except 16-5-4{D)(2)(c)(I) use a
maximum weight limit of?,000 pounds; and
WHEREAS, lhc passage of the propo1Cd Ordinance would make !he Code consistent, case
enforcement and conserve resources since the traffic signs already refer to the 7,000 pound limit;
and
WHEREAS, currently each Title uses similar but inconsistent language,~ discuss parlcing
surfaces, including allowed materials which creates interpreta tion and enforcement conflicts among
the three Titles; and
WHEREAS, the proposed amendments coordinate the definition of hard surface and its usage in
l11e Englewood Municipal C'ode; and
WHEREAS, the Englewood Plannins and Zoning Commission held public hearings on
September 16 and October 21, 2008, regarding the Tille 16 amendments and recommended
forwarding the proposed amendments to City Council;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
~-The City Council of the City of Englewood. Colorado hereby authorizes amending
Title 11, Chapter 6, Section 2, Subsection (C), Paragraph 2, of the Englewood Municipal Code
2000, to read as follows:
11 -6-2: Parking/Storage ReaulalionJ for Ruldential Disrricu.
A , II shall be unlawful for any person 10 store a vehicle designed and used for recreation
purposes. intluding, but not limited to, one or more motor homes. boats, campers, trailm
used for carrying boats, hobby or derelict velucles or racing cars, motorcycles and other
equipment or moto r vehicles upon the public right-of-way.
Tbe vehicle may be parked in the right-of-way for no more than seve111y-1wo (72) hours
\\ilhin any one week while being expeditiously loaded or unloaded .
l
B No person shall part the follo,.ing dcscnbcd vehicles on public or pm,uc propcny m residential areas except while makiflg nonnal dehvcries or being used to pcrfonn the special operations for which it is designed: I. Any vehicle with an empty weight in excess of m·en thousand (7,000) pounds (70 C.W.T.). 2. A road tractor, truck tractor or semi-trailer. 3. A truck constructed or adapted for the purpose of transponing or delivery or bulk
gasoline. petroleum products, or hazardous substances or materials.
4. A tow truck or automobile wrecker.
S. A church bus or school bus llOl used for scliool or church pwposcs.
C. No person shall park or store any vehicle on private property in violation or the following
restrictions:
I. No vehicle shall be pnrked In such a way as to block the sidewalk or any ponion or
the public sidewalk.
2. No vehicle shall be parked in fron t of the front setback of the principal structure
unless located on a eeRBFIU , ~Piek pa••• asp&all SJH'i'aoe, g,e el er 01h11 similarly
flftiM,a MfdMN er dw.1 ff•• awftee hard durable weface g[ G9DGreJ£ asnhalt
brisk PAWi or Fimllv DhWDOtc PlOJsiOll PRPWYF4 bx lhe CilY•
3. In no case shall more than om commercial vehicle be parted or stored on property
in any residential :zone distnct, whether in a pnvatc garage or carport. in an off-
street parking space or in an open-space area, and the size of said commercial
vehicle shall not exceed empty vehicle weight of seven thousand (7,000) pounds (70
C.W.T.).
4. Detached campers shall be stored in the area identified as the rear or side yard and
shall be stored on blocks or supports not more than six inches (6") In height, or on its
loading jacks or apparatus 01 their lowest limits. All loading equipment shall be in
good repair.
5. No person shall occupy any vehicle in violation of the following :
a. No motor vehicle or vehicles shall be occupied or used for lh1na or
housekeeping or sleeping purposes or for the housing and keeping of animals.
except as pro,ided m iubscction b below;
b. Upon the applic.11tion of a resident of the City. a specllll pennn may be is.sued
by the City for a nonresident journeying in a recreational vehicle used for
housekecoing purposes and who is visiting at the residence of the applicant to
occupy • c recreational vehicle at the applicant's residence for not more than
seven (7) days. The special pcnnit shall specify the location of the applicant's
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propeny or adjacelll rillht~f-way in which the recreational vehicle will be •
parked while occupied,
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This shall no1 be deemed 10 pennit the pnrking or storage of a detached camper. trailer or small trailer in any public street or n~ •t-<>f•" ay of any street designated as an ancrial or collector SlrCCt. ~ The City Council of the City of Englewood, Colorado hereby authomcs amending Title 15. Chapter I. Section 2, "Ocfmi11ons" or the Englewood Municipal Code 2000. 10 read as follows, \\ith unchanged dcfiniuons: 15-1-2: Definitions.
Hard Surface: ,.,__re.,.. H delw,ed ie 16 11 ~l i;1cc. A hard dnrpblc sw{Qce ofconcwc,
a:mholt bcick PA"SCi qr .;!milar @hemaUi matsriab @PPmved bx lbs Citx
~-The Cuy Council of the City of Englewood, Colorado hereby authorizes amending
Title IS, Cha~,. i , <,ction 4, Subsection {DJ, Paragraph (2), of the Englewood Municipal Code
2000, to read u f"Jtl',).,,s:
16-S-4: Accessory Uses.
D. Prohibited Accessory Uses.
I. Prohibited 10 All Zoning Distrir • --: r,,tt ~og activities shall not be regarded as
accessory to a principal use on a,. t ile .:! .,e prohibited in all zoning dislricu:
a. Use of Travel Trailer or Rtc1, .!!onal Vehicle (RV) as a Residence. The use of a
travel irailer as a residence. pcnnancnt Of 1cmporary. with the exception of a irailer
approved as a temporary use for security under Section 16-S-5 EMC, shall be
prohibited in all zoning dislricts.
b. Use of Motor Vehicle or Trailer for Sales. Service. Storage. or Other Business. The
use of any motor vehicle, trailer, mini-mobile storage container, or shipping
conta iner as a strucrurc in which. out of which. or from which any goods arc sold or
stored, any $ct'ices perfonncd. or othet businesses conducted, shall be prohibited in
all zoning districts. However, this subsection shall not prohibit the following:
( l) The sa.le of goods or merchandise at a Cily-approvcd or sponsored event ; or
(2) Use of a motor vehicle, trailer, or sh,eping or storage con1aincr in connection
with an approved recycling operati:,n; or
(3) Use of a trailer or shipping or storage container in conjunction \\ith construction
authorized by a ,•alid building pcmut; or
(4) Use of a trailer, shipping, or storage container for lhc temporary loading and
unloading of goods, provided thal no individual lrailer or container is in pince
longer than fony-cight ( 48) boun.
2. Prohibited in Residential Zoning Distr:icts. The following acti,ities shall not be regarded
as accessory 10 a residential principal use and are prohibited in nil residential (R)
districts:
a \utomoll\c Repair Automou, e repair. including engine. bod). or other r,:patr or • rcpamtm~ of more than one (I) vehicle at any one time o\111cd by a person not res1dmg Bl 1h01 address. regardless of whether compensation was paid for the service. h, Outdoor Storage of lnopcrnth e Vehicles. The outdoor storage of inoperable vehicles shnll comply with rule 15 EMC . c. Pnrkmc ofCom 1r rctnl Vehicles,
(I) In no even 'I •t•ore than one (I) commercial vehicle be stored on propc,1y in
any res1d, ,al u..~e d1s1nct. whether in a private garage or CIIJ)Ort, in an off-
Slrect pa 1.,ng Sp.IC( or 1n. an open-space are.a. The size of such commercial
\'Chicles s:i..11 not e•cecd ,·clucle weight of si!! ~thousand~ UJl!IW
pounds (fi~ 10 o-w.1 . !:..D.l
(2) !'or the pllrpl',... t'f ,ills Scc,lon, a mad 1ractor or truck tractor shall nOI be
deemed a conunerc1al vehicle, and no road 1ractor or truck tractor shall be parked
or stored in any res1dentiol zone district.
(3) No commercial vclucle ~l:tall be stored on public property or in the public right•
of-wny.
~. The C11y Council o( the City of Englewood. Colorado hereby authorizes amending
Title 16. Chapter 6. Sccuon 4, Subsection 0, of the Englewood Mt nicipal Code 2000, to read as
follows:
I~: Off-Strttt Parkin& Loadlna RNJulrtmtnts.
0. Surfac~ Co,·cr. Off-street parking Md loading spaces shall be of a lw.AI 5WHIH, 1i1her
po ,d u•11l, 1511heh, eo""'"" er ~n•~ ~•• .... 1u~1 u,01 tho Ci1. 111&) app19'"e liie wse pf
oll!llB t~ d\151 f,ee sliffllurng 11\lter1eli (1 g,. •hi~ seel swFfa eiagl hard durpblc rurfacc;pf
concrete osnhnll brick n~na or slmilor ahrnatc materials aoorovcJ bv the CitY co serve
a principal permiucd rcs1<1en11nl use
~. The Cit y Cou~cil of the Cuy of 1:nglcwood, Co lorado hereby authorizes amending
1 ulc I~. Chapter 6. Src11c,n I 0. Suhscc11on 13, l'urngrnph 5. Letter d. Nun.her 4. of 1hr
Englc""',d Mw,icipnl Code ~000. to rr,·d us follows:
16-6-10: D igo Standards and Guldtllnr,
5. Front Lot ·m·eragc'Ro1den11al Orl\C\13)' and 1'1111:rng Pad Standards.
d, Standards IOI, ,1den11al Dme--ays and l'arl..rng Pads w11hm 1hc Front Yard or Setback
Area.
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(I) Relationship to and Conn1c1 w11h Similar Prov1s1ons. The general residential
driveway slllndnrds tn Srcu<>n 16-6-31:Mt'. above shall apply to residcntoal
development. except thnt lftl11s subsection's rcsidentiul dnvewny standards conflict
with the standards in Sccti~n 16-~-3 EMC. thi s subsection's standards shall control •
and apply.
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(2) Z.,mng Sue Pl:in Rc,1c" R,-qu1ml All nc\\ cons1ru.:11on. ~urfacmg or resurfacing. alteration. exP3ns1on. or rc-ll'ISlallaunn 11( • rcs1dc1111al dm C\l4) or parl.,rg pad shall require Zoning Sue l'lan rc11r\\ (1cc Sccuon 16-~-9 EMCI pnorto the s1an or work. (3) rhc Use or Parking Pnds In C'oryu11c11,,n w11h l)n,c11a)'S l'he use orpurkm~ pods in conj unction w11h dnvcwny, IS d11cournQcd h111 11<11 pmh1b11cd I lowcvcr, 111 no cnsc shal l the lOtnl w1d1 h nfnny co111blnn1lo11 ofr,nrl.111~ pad ond dmc"ny ex ceed 1wcn1y feet (20').
(4) Pcnniucd Driveway and Parl"na Pad I'•' ,n~ Mn1mal1 Rcs1dcm1al dnvcways and
parl.:ing pad shall be ,mpro,·ed w11h • bard Jumble surw;c; ofomi;rm A!PbelJ brick
Pl\'SC§ 9( &imt llt altSXPAIC PMtSDIII OPRJP\'rd by the COY •~1, MN ... ,,.. ••
&pflF8 ed h)• du Cil)'r 6WM81n@ 1Ml1ri•lt lhlt lM) h 1 ~•II 1n1lu•• ae11ar111, Mr,Mlt,
a,ese4 1a,ep11, er GFNHrtU Prohib11cd ma1mals mclllde du\, w l,111\'cl.
sNSh ed eet1 sr111 Md Om.scrcte pr oths 99W QJflCO al· Zanina Sue Plan l'C\'leY.'
(sec Section 16-2-9) 1s required pnor 10 the stan of any residential drivew1) or
parldng pad surfacing.
(EDITORS NOTE: T be re malodcr or 16-4-10, cootalns no changct and lJ therefore 001
Included bcre)
~. The City Council of the City of Englewood, Colorado hereby authorizes amending
Tille 16, Chapter 11, Section 2, of1be Englewood Municipal Code 2000, lo read os follows:
16-11-2: Definition of Words, TtrmJ aod Phra ses.
Hard Swface: As related 10 driveways, parting. and loading areas. "hard surface" means a
durable surface of concrc:1e, asphalt, eA ,eud aa,egete. brick pa,ffl. or similar 1hema1c
materials approved by the City.
~-Safety Clauses . The City Council hereby finds, detcrmine5, and declares 1ha1 this
Ordinance is promulgated under the general police power of the City of Englewood, 1ha1 h is
promulgated for the health, safety, and welfare of !he public. and that this Ordinance is necessary
for the preserva tion or health and safety nnd for the pro1ec1ion of publi c convenience and
welfare. The City Council further detennines that the Ordinance bcnrs a ra1ionnl relation 10 the
proper legislative objec t sought 10 be obtained .
~-Sevqab@y. lf any clause, scu1ence. paragniph. or pan or th,s Ordinance or the
applica1 ioo thereof 10 any pmon or cireU111.1tan.:cs shall for any reason be adjudged by a co~ of
competent jurisdiction invalid. such Judgment shall 001 affect. impair or invalidate the remainder
of Ibis Ordinance or its applicauon 10 other pc:nons or cireumstanees.
~ lnconsi .. en\ Ordinance, All 01bcr Ordiria= or ~ort,ons th=f inconsis1cn1 or
conflicting with this Ordinance or 1111y ponion hcn:of are hereby :-epcalcd 10 the extent or such
inconsistency or conflict,
~ Effect of repeal or modjQcpqon. The repeal or modification or any provision of
the Code of the City of Englewood by 1his Ordinance shall not release, extinguish, alter. modify,
or change in whole or in pan any pcnolly, forfeiture, or liability, either civi l or criminal, which
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shall ha\'e been incurred under such pro,ision. and each pro\'ision shall be trented and hdd as still remaining in force for the purposes of sustaining any and all proper actions. suus. proceedings. and prosecutions for the enforcement of the penally, forfeiture. or liability. ns well as for the purpose of sustaining nny judgment, decree, or order which can or 1113)' be rendered. entered, or made m such actions. suiu. proceedings. or prosecutions. ~ fm!!n!. The Penally Provision of Section 1-4-1 EMC shall apply 10 each aod every viola1ion of this Ordinance. ln1roduced. read in full, nnd passed on lirst reading on the 17th day of November, 2008 .
Published as I Bill for an Ordinance in the City's official newspaper on 1he 21" day of November.
2008.
Pt. It shed as a Bill for an Ordinance on the City• s official website beginning on the 19th day of
November, 2008 for lhiny (30) days.
A Public Hearing was held on the I" day of December, 2008 .
Read by tille on the I~~ day of December. 2008 and conlinucd until January 20, 2009.
Read by title and passed on linal reading on the 20th day of January, 2009.
l'ublished by title in the Ch>•'s official newspaper as Ordinance No._, Series of 2009, on
lh•: 20th day of January, 2009.
James K. Woodward. Mayor
ATTEST:
Loucrishia A. Ellis. Ci1y Clerk
~ Loucrishia A. Ellis. Ci1y Clc·k of the Chy of Englewood, Colorado. hereby cenify 1ha1 1hc
above and foregoing is a true copy of the Ordinance passed on final reading and published by
ti1le as Ordinance No._. Series of 2008/2009.
Loucnshia A. Ellis
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RESOLIJTION NO. SI RIES or 1009 A RESOLUT ION AP ROVINO AN APPLICATION FOR A GRANT FOR A CITY DITCH J\IPRO\.E\!ENT PROJECT WHEREAS. the onginal City D11ch \\RS built m the l \60's 10 com·C)• water for 1mgat1on and la1cr to supply"'" wa1er to Englewood's Allen Filter Plant, the C1ty of Demer ant othr; customers: nnd
\\ 1-IEREAS. Engl~'ood took O\'er the ponion of C1t}' Ditch that scn·es Er . ,C'-'ll<>d from
Chatfield Rcscnoir 10 Hot\'ard Gulch: and
l\llEREAS. the Cily of Denver no longer uses water nonh of Man·ard Gulch nnd the ditch
ends 01 tho1 location: ni:d
WHEREAS. Englewood has repaired or piped numerous areas along this section of the
dncl! bU1 there arc open areas of the City Ditch that arc leaking or eroding and nc,d to be rcpaire,
OI cm:ased: and
WH EREAS. 1he Bureau of Reclamation has funds available wider a program called "Water
for Amenca: Expand, Pro1cct. and Consct\'c Our Na1ion's Wa1er Rcso~,scs" .. hicb is a mmching
,runt program 10 pnwide funds for projects for imgation ditches: and
WHEREAS. 1he Englewood Waler Board approved 1he lunng ofboyl r.:1p1!!<.ccnng to
prepare an applica tion for these matching fund s and recommends appm\'al ofth1s application and
11mm agreement to repa ir or encase City Ditch 10 stop the loss of water: 10 provide additional
protccuon for 11npm"cd water quality; and to prO\'ide fw,ds for needed bank repairs thereby
pre, enllnl! noochng. propcny damage and loss of raw water.
SOW. Tll~REFORE. BE IT RESOLVED BY THE CITY COUNt'IL OF TH E CITY OF
f!NGLE \\'001), COLORADO. TII AT:
'.is!.ul!D...1. Cit} Council of the City of EnglcwooJ hereby appro\'CS the application for a grant
ro, 1he Cn~ l)nch Fffic,ency lmpro,cment ProJcct 10 stop the loss of water and provide additional
pm1«11on for 1mpn" ed "atcr quality and bank repairs to prc\'cnt Ooodmg, proi;ffi)' damngc and
lo,, ot rt\\\ "lUCt
AIX)I' I El) Al':D APPROVED this 201h day of ,~1uary. 2009
Al l~ST
James K . Woodward. Mayor
I ouonshia \ I 111', t '1t1 Cler~
I, Loucrish,a A. Elhs. City Clerk for the City of Englewood, Colorado, hereby cer1ifv the above is a true copy of Resolution No. __ , Sene< of2009. Loucrishia A Ellis, City Cleric •
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COUNC IL COMMUN ICATION Dale: Agenda llem: Subject: lanuary 20 , 2009 11 c I Gront Application tor Cil) Drtch Efficienc1• Improvement Project Initialed By: I Staff Sou rce: Utilities Department Stewart H. Fonda. Director of Utihue,
PREVIOUS COUNCIL ACTION
None
RE COMM ENDED ACTION
The Englewood Water and Sewe r Board, at their December 9, 2008 meellng approved the hiring of
Boyle Engineering to prepare a grant application for the United States Bureau of Reclamation
PrQgri!m /Qr a variety Qf City Ditch prQjec:1S. Staff recomn1ends Council approve a resolu tion
authorizing the Cit)· of Englewood to enter into an agreement "ith the Bureau of Reclamation for a
matching grant for a varlet) -,f City Ditch pr0Jec:1S .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The original City Ditch was built In the 1860s to conve1 wa ter for Irrigation. It was later used to
supply ra\\ water to Englewood's Allen Filter Plan~ the City of Denver, and o ther customers In
1970, Englewood took over the portion of the Oty Ditch from Chatfield Reservoir to Hal\illd Gulch
that serves Englewood. The City of Denver no lon&er uses \\ater north of ~:arvard Gulch and the
ditch currentl\' ends at th a t location. Over the years, Englewood has repaired or piped numerous
areas along th is section of ditch.
The Bureau of Reclamation has funds available u~der a program called, "Water for ~merrra ·
Expand. Protec~ and Conserve Our Nation's Water Resources.· This I~ a matching grant prog.am
to provide funds for projects for Irrigation ditches. The Englewood Water Board approved the
hiring of Boyle Engineering to prepare an application for these funds.
Open areas of th e City Ditch are leakrng or eroding and nee d lo be repaired or encased. This
program would provide funds 10 repai r or encase the City Ditch to sl~p the loss of wate r and
prollde additional protection for Improved water quality and provide funds for needed bank
repairs Endosing the ditch wrll provide a barrier from surface runoff including storm water runoff.
Bank stability projects would repair leaking oar.ks and prevent flooding. property damage and loss
oi ra\, waler .
·n1ese projects would result In wa ter savings, preve nt bank sediment from sloughing. reduce
maintenance and improve water quality.
Fl A CIAL IMPACT The Bureau oi ReclamaUon Funding Opportunity Grant would be for a total oi $600,000 -SJ00.000 to be received 110m the Bureau of Reclamation and $300,000 funded by the City ot Englewood Under this program. Englewood would recer. e S 100,000 per year for three years . Englewood has budgeted S100,000 per )ear tor 1009, 2010 and 201 I for City Ditch lmp,o ements.
In-kind services may be substituted lor monetary funding to meet the obligation . This p,ogram
would, therefore. double the amount of work tha t coul d be accomplished by the City of Englewnoc
f.,r the same money.
UST Of ATTACHMENTS
Resolution
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RESOLUTION NO. SERIES OF 2009 A RESOLL.'"1 IOK OECLAR!l\G I H~ INTE\T OF THE cm· or ~GLE\\ l\:J!) TO REIMBURSE ITSELF WITII PROCEEDS OF A FUTURE BORROWING ro r. ( APIT AL OL'TLA YS ~Ct.:RRED BY THC lTTlllTIES DEPARTME:-.'T. WHEREAS. 1he Cil~ Council of1he Cny of Englewood has made impm,ing 1he Cny of EnglC\\ooo·s wu1er fac1li1ics a 1op prionl)~ and
WHEREAS. impro,·emen1 10 wa1er 1anks and olher proJccts w,11 help addr,. ,. 1~:s long-1cnn
llOa!: nnd
WHEREAS. the City recognizes lhe need to ~onstOJllly improve. repair. updn1e and replace
components of n• waoer sy~1cm: and
WHEREAS. to thal end, the enure Allen Plan1 was renova1ed ,n 2000 anti Oll\c:r 1mprovemen1s
have been comple1cd since tha1 1ime; and
WHEREAS. the Cny Council has rccogmzcd the imponnnce ofa reliable. safe and secure
water suppl~: and
WHERE.'-S. consequently, staffh:ls developed long-tcnn plans to upd:uc. repair. renovate vid
replace vanous components of the Wa1er Utiht) sys1ern: and
WI IE REAS. the passage of Ibis proposed rcsohmon allo" s lhe Cny 10 reimburse itself Mth
1he proceeds of general obligation bonds the Ch)' will issue in 2009; and
WHEREAS. it is amic1pa1ed 1h01 a.idi1ionnl bonds may be issued in coming years 10 comple1e
other needed "a1er proj«ts;
NOW. TH EREFORE. BE IT RESOL VEO BY TIIE CITY COUNCll OF THE cm· Of
ENGLE\\'OOO.C0LORA00.111AT:
~ 11ic Cny C011ncil of1he CII)' of Englewood. Colorado ho d>) declares the m1e111 of
1he Ci1y of Englewood 10 reimburse i1self wilh proceeds of a fu1urc borr,,~ mg for capnal outlays
incurred b~ the Utihucs Dcpanmcm.
ADOPTED AND APPROVED this 201h day of Janunry. 2009
ATTESI'·
James K. \\'ooch,ard. Mnyor
Loucnslua A EILIS. C11y Cieri:
I. Loucnshia A. Elhs, Cn)' Clerk for the CII)' of Englewood. Colorado. herr ..,,fy the • above 1s a lruc copy ofResoluuon No. __ . Scnes of2009. Loucri shia A. Elli s, Ci1y Clerk
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COUNCIL COMMUNICATION Date: Agenda Item: SubiP.ct: Januar\ 10, 2009 11 ell A Resolution declaring the intent of the City of Englewood 10 reimburse ltseh wllh proceeds of a future borr ,,Ying for capital outla\ s incurred by the Utilities Department
Initiated By:
Depanment of Finance and Administranve Services
I Slaff Source:
Frank Gryglewicz, Director
COUNCIL GOAL AND PREVIOU S COUNCIL ACTION
The Oty Council has made improving the City of Englewood's waler facilities a top priority In the
past Improvements to water tanks and other projects ,viii help address lhls long-term goal.
RECOMMENDED ACTION
Staff recommends City Council approve the attached Resolution declaring the intent of the City of
En ~lewood to reimburse itself ,Yith proceeds of a future borrowing for capital outlay; incurred by
the Utlli~:~ Depanmo?flt
BACKGROUND, ANALYSIS, ANO ALTERNATIVES IDENTIFIED
The City of Englewood has recognized lhe need 10 constantly improve, repair, update, and replace
components of its wa ter system for many years, To that end, the entire Allen Plant was renovated
In 2000 and other improvements have been completed since thal time.
Community members, staff, and City Council have recognized the lmponance of a re!:able, safe,
and secure wa ter supply. C 1nsequentl1•, staff has developed long•lerm plans to update, repair,
renovate, and replace various components of the Water Utilil) system.
This resolution allows the City to reimburse itself with the proceeds of general obligation bonds the
City will Issue In 2009.
It Is anticipated that additional bonds may be issued In coming years to complete other needed
water projects.
FINANCIAL IMPACT
This action does no1 directl y Impact lhe City's General Fund. The to tal bond issuance w,11 most
likely range bet\\ een S2 million and SJ million for 2009. While these are general obligation bonds,
guaranteed b1 the •full 1ai1h and credn· oi the , to rep,11 the der• LI ST OF ATTACHMENTS Proposed Resolution re, enues generated b1 11a1er sales" ill be used •
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COU NOL COMMUNICATION Date: Agenda Item : Subject: Januaf\ 20. J009 11 c Ill Motion 10 Approve Auditing Engagrmen l Services with Johnson, Holscher and Company for Ascaf Y ea11 2008, 2009, and 20 I 0 Init iated By: Staff So urce:
Department of Finance and Admlnistra1i, e Sel\ Ices Frank Gr')'glewicz, Director
COUNCIL GOA L ANO PREVIOU S COUNCIL ACTION
In 2005, Council approved a motion lo engage Johnson, Holscher, and Compan\' for aud11 , ears
2005, 2006, and 2007.
RECOMMENDED ACTION
Stifi recommends Cc-ur..:ol appro, e, by motion. a three-year audit engagement for fiscal years
ending December 31, 2008, 20<'9, a, d 2010 with Johnson, Holscher and Compan1• .
BACKGROUND, ANALYSIS, ANO ALTE RNATIVES IDENTIF IED
City stafi continues to" ork well with Johnson, Holscher and Con1pany and appreciates their
e~perlence, st.tff expemse, audi: approach. effectiveness, and efficiency.
FI NANCIAL IMPACT
The lees ior the 2008 audit are 539.650. Proposed fees for 2009 and 2010 are attached
LI ST OF ATTACHMENTS
Fee Schedule
• Cit)' of Enylcwood Audit Fees Proi!!!scd 2005 2006 2007 2008 2009 2010 City S23.638 S24.466 $25,322 $26.150 $27,000 S27,850 L'E\\'WTP S.730 5,931 6,139 6.350 6,550 6,750 EURA 6,447 6.672 6.906 7.150 7,400 7.650
$35,815 S37,069 S38.367 $39,650 $40,950 $42,250
% Increase
2006 2007 2008 2009 2010
Cil) 3.50% 3.50% 3.27% 3.25% 3.15%
LIE WWTP 3.51% 3.51% 3.44% 3.15% 3.05%
EURA 3.49% 3.51% 3.53% 3.50% 3.38%
MEMORANDUM TO:
THROUGH:
FROM:
DATE:
SUBJECT:
(\ (. Mayor Jim Woodward ~-1 ,
I , i'
City Manager Cary Sears ~\~}'t\
ue Carlton-Smith, faecuti~stant
January 20, 2009
National League of Cities Conference
The National League of Cities Conference will br held in Washi ngton , D. C. from
March J4 -18, 2009. Listed below are anticipate(] expenses while attending the
conference.
., egistration/Classes
.odging
Meals
Airfare/Shuttle
Total
$660
1,435
406
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llJil!.l
If you need additional information, please let me know .
Thanks .
1 J a) \ f JAN 1 :i 7009 Janual) 8, 2009
Dear Mayor Wood\\ard and Englewood City Council members.
The ~tudents of Room 3 at Charles Hay Elementary recently studied a
unit on local government and have come up with suggestions to improve the
City ,f Engbvood. We voted for the top three proposals. While we realize
that li..'1dS for such projects are often limited, we r.ope that you will cons ider
our recommendations when reviewing potential initiatives to improve th~
city.
Our lirst r,..commendation comes from Daniel. who suggested ti 'lt the
city establish a ski and snowboard training resort. Next, a plan to creme an
international museum was written by Joshua . Finally, Payton argued tha• the
city should create a children's public library. Enclosed are leuers from all
three students.
Thank you for your time and attention to this mailer. We hope that
you lind our suggestions helpful as you continue improving the City of
Englewood. Thank you fo_r.all that you do for our community!
A , ,~s-u~-r
, 61 , .-.) .:) l,~v mcerely, '
1..-/ ./f1_v .~ ~
C-r r f_ I
\
'1 UI"\() ""'h --.... \
Mr. Carl~on ·s 3rll grade class
Room 3
Charles Hay Elementary
Englewood. Colorado YI)\-> (__ ().
, F "8-t11 ,, ,t, C,
'{j r J
Daniel
/\ ~ r,) ~l J')LO/l~/\
{) J I. r::. '-' ('
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~ fh !nk rnv7L~Y E-1:3lr ·~~'-l cou JJ t/~v e a. c.h; /J,en -5 ft.(h /;c /b ury j-' 1..,)-; c1n lc ,,rn tc, , ...... l
o.n J ,. f rh c. ,_, 01,_, how .f o
rco.) }/ ~/ j-t Gc.:.t +e-r. A Is,)
W~tn We rea d u.Je :J c f l:,,~/-rc..r
~ t .) I-ii ·;J b c. c i:q,1,5 e w c. f c: e::.
}l,r 1..10 t,{j .,1 , ;c"--( _ , rc.c.l J,Y ..
V\l h e,n w ~ rc.A.J.. o ur Vot-11.b ,,.,?-
.e;q .,ti' IJ~ )..7 C, o,() L..L_ .;,. I, I -t
I li:i ,_,\\ l ,'J.,,-.,.ry •
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