HomeMy WebLinkAbout2009-02-17 (Regular) Meeting Agenda PacketCall to Order.
2. Invocation.
Agenda for the Regular Meeting of the Englewood City Council Tuesday, February 17, 2009 7:30 pm Engle" ood Cl\ le Center -Council Chambers 1 000 Englewood Park\vay Englewood. CO 80110
3. Pledge or Allegianct.
4. Ro ll Ca ll.
5. Consideration or Minutes o( Previous Session.
a. Minu•es from the Regular City Council Meeting of Feb<uary 2, 2009.
6. Recognition or Scheduled Public Comme111. (Please limit your presentation to ten minutes.)
a. Oty Council I\ Ill recognize the young people who were nominated (or this year's
Metropolitan Mayors and Commissioners Youth Award.
Damon Abeyta, an e• Grader at Englewood Middle School
Brittanie Brite, a 12• Grader at Colorado's Finest Ahernative High School
Jasmine D~vls, an 8" Grader at Englewood Middle School
Javier Deluna, a 12" Grade, at Humanex Academy
Cody Edie, a 12" Grader at Colorado's Anesi Alternative High School
Scott Faulk, a 1• Grader at Englewood Middle School
Clayton Fo rd, an 11 ., Crader at Humanex Acldemy
Hannah Goettsch, a 12" Crader at Colorado's Finest Altemath ~ Hlgh School
Oscar Gomez-Sosa, a 12• Crader al Colorado's Anesi Alternative High School
Jessica Lacey, a 12" Grader at Colorado's Finest Alternative High School
DcShariel Mathis, an 8" Grader at Englewood Midd le School
Leo McClung. a 1 O" Grader at Humane, Academy
Carly Sellaro, an B• Grader at Englewood Middle 5' ,ol
Grace Van de Pas, an 11• Crader at Humanex Academy
Josh Wood, a 12"' Crader al Colorado's Fmesl Alternative High School
Brieana Wages, an B" Grader at Englewood Middle School
Stephan ie Za linger, a 12• Crader al Colorado's Finest Ahe native High School
Ph,.,. nole Ir ,.,.. ha,, • dlsabi1•1\ ,ind OHd ~u<ibl\ 1lds o r ..,..K.., t>l<,= nolrl\ dw, O ry 0 1 Engl"" ood
IJ0H62-2-1051 •t ltost 48 hoors II ad\anc• ot when ...,,,es,,. needod
Englewood City Council Agend., Ffl>N•" 17. 2009 Pig, 2 7. Recognition of Unschedu led Public Comment (Please limil your presentation to five minutes. Time for unscheduled public comment ma1 be limited lo 4S minutes, and if limited, shall be continued to General Discussion.) 8. Communications, Proclamations, and Appointments. a. Letter from Jim Gibson announcing his resignation from the Keep Englewood Beauuful
Commission.
9. Consent Ag~nda Items.
a. Approva l of Ordin 3nces on First Reading.
Council Bill No. 7 -Recommendation from the Public Works Department to
adopt a bill for an ordinance autho rizing an Inte rgovernmental Agreement (IGA)
wilh DRCOG the 2008 Tr•ffic Sltp1al System Equipment Purchase program.
This IGA will allow DRCOG lo reimburse the City of Englewood the c.ost of traffic
signal system equipment (to be purchased In 2009) In an amount up lo $21,000.
STAFF SOURCE: Rick Kahm, Di --ector of Public Woli<s.
b. •~roval of Ordinances on Second Reading.
c. Resolutions and Motions.
10. Public Hearing Items.
a. Public Hearing to galher input on Council Bill No. 2, a~thorlzlng amendments to
Tide 16: Unified Development Code pertaining to Massage Therapy.
11 . Ordinances, Resolution, and Motions
a. Approval of Ordinances on First Redding.
b. Approval of Ordinances on Second Reading.
Council Bill No. 6, authorizing a ·Grant ofTemporary Construction License; a
"Grant of Rlg)11-0f-Way, • and an "Excha11ge of Right-of-Way Agreement• for
relouting the City Ditch at 3290 South Lincoln Street to allow for the construction
of a building.
ii. Second Reading of Council Bill No. S, amendmg the Waste-,ater Utility ordinance
of the Englewood Municipa l Code, has been postponed until the March 2, 2009
meeting.
1. Re,olutions and Motions.
Pte.aSf' 001, If Vo\' h1vP .1 diQbut\ itld nttd a•J"'-111,,~ tlids Of 5tt\o1Ct"S pl!ase no~ lht C,tv of fn~'OOd
1303,762-24051 at 1easl 48 hour, 1n advance of ,...,tien ~rvictJ are needt-d.
Engle~ood Ci~ Cooncll Agtnd• Febni•n I;, 2009 Page J 1 2. General Dlscuss,on. a. Mayor's Choice. b. Couno1 Members' Choice. Motion 10 teschedule the March H,, 2009 City Council meeting to March 23, 2009.
13. City Manager's Report.
14, C11y Attorney's Report.
15. Adjournment.
1'1,1.ue, no1c U )'Otl hai,,p 11 dlsr1b1ln1, .uid need al.lkihil\ alds or services. 11least" notlf)• 1he Ut-i oi Engl('wood
r l0J.76l•24051 al lent 48 h~rs 1n ad, a.nc, o{ wh,n 5el"'.i,:es are nttde-d
• Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY , COLORADO Regular Session February 2, 2009
The regular meebng of lhe Englewood C1iy Councd was called to order by Mayor Woodward al 7.57 pm
2 ln,ocaUon
The 1nvoca1r ,n was given by Council Member McCasfin.
3. Pl,dge of Alleg ia nce
The Pledge of Alleg iance was led by Cou ncil Member Mccaslin
4, Roll Call
Present·
Absent
• A quorum was presen1
Council Members Jefferson, Moore, Penn, Oakley, McCaslin, Wilson,
Woodward
None
Also presenl City Manager Sears
City Altomey Brotzman
Deputy Coty Manager Flaherty
City Clerk Ellis
Deputy City Cieri< Bush
Director Fonda, Utilities
D1rec1or White, Community Development
Senior Planner Langon, Community Development
Pohce Commander Condreay
Pretreatmenl Division Admin1stralor Arnold, Wastewater Treatment Plan!
5 Consideration of Minutes of Previous Session
{a) COUNCIL MEMBER WILSON MOVED , AND COUNCIL MEMBER McCASLIN SECONDED,
TO APPROVE THE MINUTES OF TttE REGULAR CITY COUNCIL MEETING OF JANUARY 20, 2009.
Mayor Woodward asked ,r lhere were any correchons or mod1!cabons There were none
Vote results:
Motion earned
Ayes Council Members Penn, McCaslin, Moore, Woodward, Jefferson,
Wilson , Oakley
Nays· None
Recognlllon of Schedul d Pub1,. ~omment
(a) Mayor Woodward said Aid lo Oth er Agencies rec ipient Anne Robinson of Court House Beacon
Genier is presenl to accept the C1ty·s financial contnbulion for 2009 She did not show
lb) Doi Hackelt. a Littleton resideni. said good evening and thank you for the oppoounrty
En glewood City Council February 2. 2009 Page 2 ot talking to you tonight I currently live In llltlelon formerly of Englewood I own property In Denver by DU I was the f~st secretary for the President of the Aurana Campus I had a seasonal (Ob with the State of Colo(ado ,n the Senate I was formerly the exeaihve secretary ror the Finance Department of Arapahoe County I am here tonight to ask for you to think about 11 seriously, lhe property on West Lehow, gomg west, ad1acent to the Burt Che.role! au to deta,1 and the animal chnlc I am concerned with the debr1s and the physical hazards that are involved with the land being slanted and the trees that look overgrown and consume soil that goes on the sidewalk Soon. that 1s go,ng to be d very very visible place. not only because ol the Corneistone July 4"' event but also because of the LehON Trail tha11s go.ng lo lead from that area to South Broadway Now for selfish
reasons, I would llke to adopt that area because 1n the summer time I walk uphill, downhill on that slant So, 11
would be no problem If we could figure out where we would put the debns that t would pick up. Would 11 be
feasible to put some barrels on the fence that Is behind Kmart. or what do you think? Now there are m111gattng
factors money. stall and time I thank you for the opport~nrty
Mayor Woodward and various council members said thank you
Mayor Woodward said typically during scheduled public comment or uns~hedu led public comment 1f there ,s
remarks by Counc,l they will be done under Council Member's ChOICe at the end of the meehng
(c) 8111 Harrell, owner of P10neer Metal F1n1sh1ng ,n Englewood. said 1 want to thank the Mayor and
the City Counci l for felting me speak to you tonight. I am here to provide feedback on the impact that the
proposed changes. on the tocal li mits thal Liltle ton/E~glewood Wastewater Treatment facility is asking you all
about tonight will have on local businesses spec,fically BIii 5 and more spec,fically In your Council
Commumcatlon that you rece,ved on page 45, Secbon 2, Item B Why am I here tonight? Pioneer Metal
F1mshlng ,s an rndustnal rm1sh1ng company We specifically spec,allze In putting 1ndus1rial coatrngs on high-end
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medical, aeronautical and structural archllectu ral metals , mainly aluminum or steel, but we concentrale mainly In •
the aluminum a rea. The proposed changes and the limits tha t Englewood Wastewaler Treahmenl faclhty Is
took,ng at doing will have a considerable lmpacl on the business that I do We are governed by spec1!1c military
specs and architectural specs II order to get certified to apply spec,ric type of ooahmgs on those product bnes
Customers that we do business fcv, that reside and do business in the City of Englewood. are companies hke
Straighl Flight Conversions, Sle,, Nevada CorporalK'n, E-Max lnstrumenls, Air Melhods and they provide a lot
of products to companies like Lockheed and Boerng so we are very guided by specific cert1flca11on processes
that we have to fulfill in order 10 put those coatings on their products for lhem. If you would hke, I can provide
you with a kst of customers that we do business with m Englewood and m the other commumhes surroJnd1ng
th,s area Specifically, lhose coalrngs require us to do what 1s called a chromate converslOl'I coat which IS a
prelreatment process that Is done on aluminum that all0NS paint 10 adhere more readily and also provides
corrosion protection on those parts The m1l1tary standard ,s no BTL5541 and If need be, I can provide copies
for ;ou on that also There 1s also an arch1lcctural standard lhat has to be lulfilted, too, In order to do lhe
structural coatrngs for a product called Kynar. which IS done on a lot of extrus1011 type metals on the extenor ol
bulld,ngs that requrre 15 year warranties to be prov1ded to them I want to acknowledge that folks al l1ttfeton
Was1ewater, especially Pam and her team , they have k1•pi me apprised of every1hIng that they were doing since
they began this process But I am stllt a 1,11Ie bit confuse,~ · ~ed of why they needed 10 cha,,ge these
hm11s and why so drastically ,n specific areas I underst· ·• an audit and I understand that there
were spec,f,c recommendat10ns that were made and re<,,•r., • ~p then I will quote the letter that she
wrote to me that they need to evaluate and update the k'IC31 Im,·. M of that audit requwemenr But as I
look at what they are proposing d01ng, what you are nol se~Ing 1n tht , acket of 1nforma110n that you are gethmg
Is. where the limits are loday versus where they wanl to 13ke them tomorrow For example. my perm it, thal I
have had srnce 2002, and the prev.ous business owner pr10r to me had It for 7 years Before that , mo~I of these
hmrts have not changed dunng that penod of ume I understand that thr.)Ugh government regula110nt, you have
to look at the future and see where you need to take 11 and begin to star! mowig toward wnere you want to be
over a period of time but some of the changes U,a1 they are r.icommend1ng are going to take hm1ts and
drastically reduce them to the point whore, 1f these get put m place, 11 may cause me to have to close my
business down bec~use I won't be able to do business In the City ot Englewood any longer because of those •
changes specil,cally in lhe hexavalent chrome area My current permit allows for daily 3 4 m1ll1grams per Iller
a~.d they are propos,ng the top at down to 86 That IS a 75% dn,p The last permt that I was issued was ,n
October of 2008 So. ma very short period of 1""8. they want me to try to conform to these new ~m... I have a
lot of processes m place In my shop Very rarely do we push over !tie limits that they are asking to go to but I
• Englewood City Council February 2, 2009 Pa9e3 have peaked upward onto the 3 percentage point e>r that 3 4 percentage pe>Ints on several occasions wh ich we>uld be a violation of my permit which potenllally would allow them to take 11 away from me I don't really understand why they need to change things so drasbcally over a penod of lime , e>r why they e3nnot look at doing a two-tiered process lik e some oi the other government agencies have t have air pollution permits and I am cons•dered a sman contributor Within the City of Englewcx,d My contnbut1on, specifically m Chrome 6, 1s less than one-tenth of one percent or what their daily allowances are ,nto the Platte Rover There has got to be considerably larger people than me that are g01ng to be impacted and when I asked them who those 1nd1vidua1s were, I was told that really. I w~s the on ly one that wou ld be im pacted by that specific change in this regulatoon.
which made me even more confused Because then I asked them, I said, so why specifically do we need to
change these things? What Is It that's causing you to, besides the audit recommendation? You have had no
violations ol lhe EPA You have not bumped up against any of their fim1ts. Why do we need to move so
dramatically, so quickly, In a short period or time ? Can't we do this over a longer period of ome? Can't you put
a two-tiered approa•h in, one for large contributors and one for small, ,nstead of a one-size-fits•aff l"'""''t? Tt at
would include, you ,now, hospitals that put tremendous amounts or water Into the facility To give Y<' a~
example , I mean. n., contr,bubon Is that I do about 1200 to 1400 gallons IWlCe a week and 11 1s my
understanding thal what they are putting In Is in the millions of gallons a day. So, you know, no matter what,
whatever I put In there is going t<> be mlniscule and not really affect any of thew permit requirements that they
have. I don, personally befieve you could measure what I am putting in on a daily basis If you put a monitor on
them They wouldn't even know that I dumped ,n to their thong because what I am contnbuting Is ., • on.,11 I
guess, in conclus,on , I am still not really convinced of the need le> go as far as what they are asklnr to go. I
don't understand why they can't do a two-tiered approach And, I would ask you guys to consider lo look at
some altemalrves 10 what they are proposing so that, you don 't end up losing manufacturing companies that ;r&
resid ing In the City of Eng lewood . Thank you
• Mayor Woodward and various Council members said ,,ank yoo
7 Recognition of Unscheduled Public Commant
There were no unscheduled vl s1to•s
8 Communications, Proclam1Uon1 and Appotntmftnts
COUNC IL MEMBER MOORE MOVEO, AND COU NCIL MEMB ER PENN SE CONDED, TO APPROVE
AGENDA ITEMS 8 (a) THROUGH 8 (Z) RESOLUTION NOS. 4 THROUGH 29 , SERIES OF 2009.
(a) RESOLUTION NO. 4, SERIES OF 2009
A RESOLUTION FOR REAPPOINTMENT OF LINDA F COHN . AS ASSOCIATE MU NICIPAL JUDGE FOR
THE CITY OF ENGLEWOOD, COLORADO
(b) RESOLUTIO N NO 5, SERIES OF 2009
A RESOLUTIO N FOR REAPPOINTMENT OF JOH N W SMI TH Ill, AS ASSOC IATE MUNICIPAL JUDGE FOR
THE CITY OF ENGLEWOOD COLORADO
(c) RESOLUTION NO 6 SERIES OF 2009
A RESOLUTION FOR REAPPOINTMENT OF DAVID A S?RECACE. AS ASSOCIATE MUNICIPAL JUDGE
FOR THE CITY OF ENGLEWOOD, COLORADO,
(d) RESOLUTION NO 7, SERIES OF 2009
• A RESOLUTION REAPPOINTING BRIAN BLEILE TO THE Pl.A NNING AND ZONING COMMISSION FOR THE
CITY OF ENGLEWOOD COLORADO
(e) RESOLUTION NO 8. SERIES OF 2009
Englowood City Council Feb ruary 2, 2009 Page 4 A RESOLUTION APPOINTING MICHAEL BUCHANAN TO THE ENGLEWOOD URBAN RENEWAL AUTHORITY (f) RESOLUTION NO 9. SERIES Of 2009 A RESOLUTION REAPPOINTING SUNSHINE CROSS TO THE KEEP ENGLEWOOD l1EAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO
(g ) RESOLUTION NO 10, SERIES OF 2009
A RESOLUTION REAPPOINTING OPAL DOANE TO THE MALLEY CENTER TRUST FUND FOR THE CITY
OF ENGLEWOOD. COLORADO
(h) RESOLUTION NO 11, SERIES OF 2009
A RESOLUTION APPOINTING JENNIFER ENGER TO THE CULTURAL ARTS COMMISSION FOR THE CITY
OF ENGLEWOOD, COLORADO
(1) RESOLUT ION NO. 12, SERIES OF 2009
A RESOLUTI ON APPOIN TING JEANNEn E ESPI NOZA TO THE ALLIANCE FOR COMM ERCE IN
ENGLEWOOD (ACE) FOR THE CITY OF ENGLEWOOD, COLORADO.
m RESOLUTION NO 13, SERIES OF 2009
A RESOLUTION REAPPOINTING JIM GIBSON TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION
FOR THE CITY OF ENGLEWOOD, COLORADO
(kl RESOLUTION NO 14. SERIES OF 2009
A RESOLUTION APPOINTING CAL GRANT TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE
CITY OF ENGLEWOOD, COLORADO
(I) RESOLUTION NO 15, SERIES OF 2009
A RESOLUTION r.EAPPOINTING CARSON GREEN TO THE BOARD OF ADJUSTMENT AND APPEALS
FOR THE CITY OF ENGLEWOOD. COLORADO
(m) RESOLUTION NO 16, !:ERIES OF 2009
A RESOLUTION APPOINTING TEALEE HINGER AS AN ALTERNATE MEMBER TO THE COD":
ENFORCEMENT ADVISORY COMMITTEE FOR -HE CITY OF ENGLEWOOD
(n) RESOLUTION NO 17, SERIES OF 2009
A RESOLUTION APPOINTING AMY JIRON AS AN AL TERNA TE MEMBER TO THE URBAN RENEWAL
AUTHORITY FOR THE CITY OF ENGLEWOOD •
(o) RESOLUTION NO 18, SERIES OF 2009
A RESOLUTION REAPPO INTING JENNIFER JONES TO THE KEEP ENGLEWOOD BEAUTIFUL
COM MISSION FOR THE CITY OF ENGLEWOOD. COLORADO
(p) RESOLUTION NO 19. SERIES OF 2009
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• Englewood City Council February 2, 2009 Page 5 A RESOLUTION APPOINTING DARYL KINTON AS AN AL TER NA TE MEMBER TO THE PL,\NNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO (q) RESOLU TIO N NO 20, SERIES OF 2009 A RESOLUTION REAPPOINTING CYNDI KRIEGER TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO
(r) RESOLUTION NO 21 , SERIES OF 2009
A ~ESOLUTION REAPPO:NTING JO LAY TO THE ELECTION COMMISS;ON FOR THE CITY OF
El,GLEWOOD, COLORADO .
(s) RESOLUTION NO 22 , SERIES OF 2009
A RESOLUTION APPOINTING JORDAN MAY AS AN AL TERNA TE MEMBER TO THE BOARD OF
ADJUSTMENT AND APPEALS FOR THE CITY OF ENGLEWOOD
(l) RESOLUTION NO 23, SERIES OF 2009
A RESOLUTIO N APPOINTING DIAN NA MIGUEZ TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR
THE CITY OF ENGLEWOOD. COLORADO
(u) RESOLUTION I ~. 24, SERIES OF 2009
• A RESOLUTION REAPPOINTING GARY NORDLANDER TO THE KEEP ENGLEWOOD BEAU"!'IFUL
COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO
(v) RESOLUTION NO. 25, SERIES OF 2009
A RESOLUTION REAPPOINTING KAREN PILGRIM TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF
ENGLEWOOD, COLORADO
(w) RESOLUTION NO, 26, SERIES OF 2009
A RESOLUTION APPOINTING MILA PILZ TO KEEP ENGLEWOOD BEAUTIFUL COMMISS ION FOR THE
CITY OF c NGLEWOOD, COLORADO
(x) RESOLUTION NO. 27, SERl~S OF 2009
A RESOLUTION APPOINTING JIMMY PINZEN !',CHAM TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION
FOR THE CITY OF ENGLEWOOD, COLORADO
(y) RESOLUTION NO 28, SERIES OF 2009
A RESOLUTION REAPPOINTING YVONNE RUSSELL ro THE PUBLIC LIBRARY BOARD FOR THE CITY
OFENGLEWOOD,COLORADO
(z) RESOLUTION NO W, SERIES OF 2009
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A RESOLUT ION REAPPOINTING TOM WI NTHROP TO THE KEEP ENGLEWOOD BEAUTIFUL
COMM ISSION FOR THE CITY OF ENGLEWOOD, COLORADO
Mayo, Woodwa<d asked of there was a,y dtscussoon a, comments
Englewood City Cou ncil February 2. 2009 Pago6 MJyor Woodward said these are appo,ntments 10 Boards and Comm,sslons of citizens and also appoIntmests 10 the as.;ocIate judge pos1tic>ns three appointmen ts there This Is democracy and rei:,rese11tat Ive govemment woor.ing with its citizens Vote results : Ayes Counc;,I MeMbers Penn. McCas11n. Moote . Woodward Jefferson. Wilson, Oakley Nays None
Mol,on earned
Mayor Pro Tem Moore announced the appointments and reappointments and Mayor Woodward Pfesente<'
certifocales and C,ty pins to ' the appo;nlees 1n attendance
Mayor Pro Tem Moore said wnh that, I would like everyone to give all of our new appointments and
reappointmenls a round of applause for their services There was applause
9 Consent Agonda
(a) Approval of Ordinances on F,lrst Reading
There were no additional items submitted for approval on first reading (See Agenda Item 11.)
COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER McCASLIN SECON' ED, TO APPROVE
CONSENT AGENDA ITEMS 9 (b) (I), (II) and 9 (c) (I).
(b) Approval of OrdlnancH on Second Reading
(1) ORDINANCE NO 1, SERIES OF 2009 (COUNCIL BILL NO 3. INTRODUCED BY
COUNCIL MEMBER MOORE)
AN ORDINANCE APPROVING SUPPLEMENT NO 165 TO THE SOUTHGATE SANITATION DISTRICT
CON NECTOR'S AGREE MENT FOR THE INCLUSION OF LAND WlTHl"I fHE DISTRICT BOUNDARIES .
(Ii) ORDINANCE NO 2, SERIES OF 2009 (COUNCIL BILL NO 4. INTRODUCED BY
COUNCIL MEMBER PENN)
AN ORDINANCE AUTHORIZING "CONTRACT AMENDMENT# 2" TO AN INTERGOVERNMENTAL
AGREEMENT BElWEEN THE COLORADO DEPARTMENT OF TR ~NSPORTATION (COOn AND THE CITY
OF ENGLEWOOD, COLORADf\ HIAT PERTAINS TO CONSTRUt ION OF .-1 BRIDGE OVER THE PLATTE
RIVER AT DARTM\..:JTH AVENUE
(c) Resolut1,,nv and Motions
(1) MOTION TO APPROVE THE PURCHASE OF WATER METERS AND YOKES rROM
NATIONAL METER AND AUTOMATION, INC IN CONJUNCT ION W1TH THE DENVER WArER BOARD TO
ENSURE COST SAVINGS
Voto results:
Motion car,Ied
Ayes
Nays
10 Public Hear in g Items
Council Members Penn, McCaslm, Moore, Woodward , Jelforson,
WIison , Oakley
None
No publoc llearong was sched uled before Councoi
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• Englewood City Councll February 2, 2009 Page 7 11 Ordinances, Rosolutlon and Motions (a) Approval of Ordinances on First Reading (IJ San,or Planner Langon presenled a recommendat10n from the Community De••elopment Oepartment to adopt a bdl for an ordinance authonzing amendments 10 Title 16 Unified DevPlopment Code pertaining 10 Massage Therapy. She said good evening Council For your considerat10n Is
Council Bill No 2, UDC amendments related to lhe deflnlt10n of Massage Therapy and references to City
licensing of massage therapists. Community Development requests thal you approve the proposed
amendments on first reading and set a Public Heanng for lhe amendments for the February 17, 2009 meeting
This Is the background As you recall, from recent changes In Title 5, lhe business Ucenslng regulations. the
State legislation was passed requinng !hat au massage therapists be registered by the State That leg,stalton
also prohibiled licensing by cities so through that acbon, you repealed the City's massage therapy licensing
requirements that were In Title 5 . In the zon,ng o<d1nance, Trtle 16 referenced Title 5, so those references also
had to be removed and that ts whal the purpose of this amendment is The proposed amendmenls are
amendments to the Definition and Terminology in Section 11 (2) and corresponding amendmenls to the Use 1n
Secllon 11 (1) and (5.1) In Title 16. These amendments do not affect where massage lherapy Is allowed or they
don't affect anything to do with Adult Use It Is merely definition and terminology chAnges and amendments to
correspond with the licensing requirements. I would be happy to answer any questions. Olherwise, we would
ask thal Y"U sel a Public Hearing for February 17'".
Council Member Mccaslin said which part of the State of Colorado e:nacts or enforces these ordinances for us?
As far as massage .. as far as checking and making sure the licenses are up to date and their .. Ms Langon said
• are you asking for the citation? Mr McCasbn said no. I mean. yeah go ahead and read that He said oh , you
don't have It, Im sorry Ms Langon said I don1 have It w,th me but I could pun 1t out of my file though Mr
McCasbn said no.
Mayor Wooctward said the regulatory agency. Ms Langon said t11e Oepartmenl of Revenue regulates them
Mr Mccaslin said okay. thank you ,
Mayor Woodward said Is there a moUon l o approve on fim reading and setting a Public Hearing for February
17"'?
COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER JEFFERSON SECONDED, TO APPROVE
AGEN DA ITEM 11 (1) (I)· COU NCIL BILL NO. 2 AND SET A PUBLIC HEARING FOR FEBRU ARY 17°'.
COUNCIL BILL NO 2, INTRODUCED Bl' COUNCIL MEMBER WILSON
A BILL FOR AN ORDINANCE AMENDING TITLE 16, CHAPTERS 5 AND 11 , OF THE ENGLEWOOD
MUNICIPAL CODE PERTAINING TO MASSAGE PARLOR AND MASSAGE THERAPY,
Mayor Wooctward asked If there was any further discussion There was none
Vote results:
Mo110n earned
Ayes· CoullCll Members Penn, Mccaslin. Moore. Wooct,vard. Jefferson,
Wilson. Oakley
Nays None
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(II) Dlreclor Fonda, and Administrator Arnold presented a recommendallon from lhe
Llltlelon/Englewood Wastewater Treatmenl Plant staff lo adopl a bill for an ordinance an ,ending lhe Wastewater
UU11ly ordinance of the Englewood Municipal Code Dlreclor Fonda said your honor, v.e went over this In some
detail in a previous Study Session Pam Is here and Kurt McCormick, our consultant, to answer any fu, lher
questions you have or to also al lhos point, address some of lhe issues that Mr Harrell had presented So we
would do tllal and then answer your quest10ns
Englewood City Council February 2, 2009 Page 8 Adminlst1ator Arnold said good evening I can answer questions I am not & .. re if you want me to try to aodress some or the issues that were raised or just answ~r questJons Counc,I Member Jefferson sal<l I think we are al 1nte1es1ed in heamg some response to Mr Harrers concerns Mayor Woodward said yes , absolulely If you would like to review first just what the ord,nance 1s and then the recommendation
Admtntstrator Arnold said the ord,nance Is the result or an EPA aud it and I'm going to just soft of cut to the
chase so 1f there are some addruonal queSbons, please ask me But the issue that Mr Harrel finds IS the local
l1m1ts rev,s1on. We were given an audrt finding because 11 had been m0fe than ten years ,. '\Ce we had redone
our local limits, so they were old A lot has happened In the last ten years and receiving stream water crltena
has been lowered, of course , as has many 0U1er criteria We have a number of local limits Only half of them
were reduced. The ott,er half stayed the same and some of tnem were reduced significantly. HexavaJent
chrom,um, as you know, Is a mutagen and a carcinogen, a particula~y ugly pollutant and one that has a lot
greater scrutiny than others. I will say, as Mr Harrell pointed out. Iha! he is the only one affected by this and
that 1s true because he is the only one In our seMCe area that doesn't have trealmenL Every other Chrome 6
generator has treatment already. So, he Is one of lhe last standing chroming entities that didn't have any
treatment whatsoever, So that is why he Is being caught up finally In this new change. He pointed out that
there are particular cnteria for this particular specifications for the chrome work that he does which is, of course,
true for his product but I would like to point out tlial he does work for Lockheed Martin and fOr the military
Those enblies have the exact same waslewater discharge requirements that we're Imposing on him. And In
fact, one of my permttees who has chrome treatment IS Lockheed Martin So, tt is ool an unusual requesL Is
•
there anything else I can address? •
Council Member Wilson said can you tell me how much time ... what the time limit that lhey have to be in
compliance? Ms Arnold said we would enter Into a compflance agreement with him and work out whatever
length of time made sense for h1111 to 111stotute iL to actually gel treatment in Ms Wdson said and what Is that
usually? Ms Arnold said nine months is the maximum. Ms. Wilson saod okay.
Council Member Penn said talk about the two tier regulations that he was talking about Give us some
Information on that Ms. Arnold said we don't have a two tiered ability In wastewater treatment regulations.
Those tiered requirements do exist In clean air acts but not In cool water acts.
Council Member Oakley said you mentioned there were several others that had put tn pretreatment is that what
you said several or some? Ms Arnold said everyone we have permitted In our servoce area have chrome
treatment except for Mr Harrell Mr. Oakley said did you ever figure ... Ms. Arnold said we have two others
chrome ... two others, yes, who produce hexavalenl chromium . Now other people have metal treatment but
specdocally for hexavalent chromium, we have two other permitted facilities
Councd Membet Oa kley said would that take a sigmfocant Investment? Ms Arnold saJd 11 can certainly vary He
has a fairly small operaliOn so. you know, I don't really know wtiat ,1 would cost, do you? jCJe111's note Ms
1,mold asked Mr McCormtck who was sitting in the audience He came up to the microphone.)
Mr McCormick said no, around lhe Front Range, I think I have inspected probably twenty chrome platters that
were In compliance with the acL I think he Is probably one of the smaller operabons and what he would have to
do IS put tn what Is called 'chromium reduction' to take tt is a less toxoc form The cost you ~n,,w. I mean ~ Is
not like cost of some other treatment system, but there 1s a cosl involved Okay. The federal ,,gulalions that
regulate hexavalent chrome or chromium went into effecl In the mid 80's lo require treatment, so cost has gone
up since then but I think he might have, hopefully, already priced it out...lhe treatment cost There rea lly aren't •
too many other chrome platters I don't know of any left operating along the Front Range that have no chrome
tieatment whatsoever 1n place
Mayor Woodward asked of there were any other questoons
• Englewood City Council February 2. 2009 Pago 9 Council Member Moore said that las! p,ece of informatoon would havo been very helpful because Mr Harrell suggested 1h1s ,s !he difference between slaying on business and not II 1s. so whelher 1h1s 1rca1men1 1s a lhoosand dollars or a million dollars. seems like 11 1s a s1gnif1can1 answer ,n 1erms or hardship I am cunous. 1s lherP any one sugges11on , I believe he made , 1s lhal while he m1gh1 push lhese 11ml1s al 11mes. he is a very small conlnbutor overall Can you reacl l o whether or no1 size should maller 1n lhls type of analysis? Ms ArnL • sa id the reason he hasn 't had to put on trealment so far 1s because he Is a small contributor And time march, • on, technology marches on and evenl\Jally, and 1t has been qulle a long time for him, and you get
caught up , J you have to upgrade We all have to paint our houses eventually He Is simply the last standing
Indian •· ., sorry to say that and f realty don't like to be put in this position either but he Is the last remiainong
hexava1en1 chromium generator that I know of thal doesn·1 have any 1reatmen1 al al and 11 ls because he 1s
sman So lhal saved him an these years but he os finally g01ng to be caught up ,n10 1he marching 1echnology
that we an are faced with
Mr McCormick said I do want 10 kind of po1n1 OU1 1h31 while we are talking about hex chrome, lhe total chrome
hm1t lhat Is to be adopted is 2 9 milligrams per Iller versus the hexavalent chromium limit of 86 So lhe typ,cal
treatment 1s to lake lhe hexavalent chrome and make ,t less 1oxlc. okay. so lhal you can meet the higher lomil for
total chromium The hex chrome has !he same lox1e11y as chlorine, which 1s used lo kill things: 11's a disinfeclanl
So, we are talking about two different things here , So the tota l chrome number he'll have to meet Isn't very low
at all, It Is a relatively non-toxic form that Is called lrlva lent chrome . It's a non-toxic fonm or chrome . I mean ii is
Jusl important to keep ii in perspective lhat what we are 1atk1ng about is a certain type of chromium We are not
lalking abou t all the chromiums.
Council Member Moore said I have another quesllon Chromium 5 or whatever 11 was called Hexavalenl
•
chrormum It was lhe particull that was discussed lonoght Is lhal just representalllle of a number of problems
that mlghl be relaled to lhis ordinance or was this really probably, be one point or objection that we would expect
Implementing lhis policy? Ms Arnold said lhos was a single pOl!ll of objecbOn We evatualed all of our
perm~ees w,lh respect to all of 1he poUutanlS and the proposed changes at the very beglnn,ng lo make sure we
were doing the very best Job we could and 1ry lo idenbfy any issues lhal m,ghl arise as early as possible So
this ,s absolulely the only issue Mr Moore said thank you
(Someone from the audience was speaking, bul ,t Is nol audible) Ms. Arnold sa,d no. nol really (Again,
someone from the audience was speaking. but ,1 ,s not audible) Ms Arnold said the numbers thal you come up
wllh are malhemalically denved and they are base~ on data that is gathered from many, many sources So we
do a number of mathematical spreadsheels and you are required to move lhrough this process by EPA
regulations They prescribe how you actually obtain the numbers maltiematlcall y. And you look a11h1ngs like a
receiving stream quality requlremenls You look at your plant and all t,1e data that you have gathered wilhon
your own planl and all the data we gathered from all the permilees and we take general samples from the
commercial areas. the indusl nal areas and lhe household areas. So we co llect dala constantly, ana1y1,cal dala.
so we have many years worth of dala Iha! ,s plugged lhrough these mathemal,cal spreadsheels to come up with
a final l·m,t So, we are kind of s1uck with 1he numbers
Council Member McCastin said of he were 10 move anywhere else lei's say he moves oul of
Englewood/Littleton, would he be requ~ed 10 meet lhe same standards? Ms Arnold said yes, he would
Council Member McCaslm said okay Ms Arnold said that os a very good quesuon I actually did a Chrome 6
study. Region 8, EPA Regoon 8, which covers six slates on our western Un11ed Stales I have a hsl of aboul 20
prelreatmenl programs and I loot<ed al everybody else's Chrome 6 numbers. Our new proposed Chrome 6 os
about two-lhords of the way down the hsl So, !here are lwo-thirds of the people who have a more strlCI number
than we do And the reason they have a more s1rict number is because their receiving streams have no higher
qual11y criteria . Sounds simple .
• Council Member Oakley said okay . You say he is a rela lively small company Would lhe pre1reatmen1 that he
would have lo install be Just as bog as a big company? In other words. ,s !here a step on what would counl 10 do
lhe pretrea1ment? Ms Arnold said hexavalen1 chromium lreatment is pretty standard It has been around for
many, many years H ,s often a chemical preclp1l at10n He has a batch process an1 I don 't know what he m,ghl
have looked a~ he has more than one opho n. bul generally speaking , you hold th" waslewaler 1n your tank and
Englewood City Council February 2, 2009 Page 10 you add a chemical and you mix It up and let it precIp1tite of the solids out and you collect the solids at the bottom and you dispose of those as hazardous was te Jnd you can decant or send me the clear water That is a real simpl 1f1ed treatment process , very simplified I'm sure . I really don't know how much it might cost. Council Membe r Oakley sa id you are ta lkin g a holding tank? Ms . Arno ld sa id 11 is a wastewater process and it Is a wastewate r treatment tank . Mr. Oakley said ho w many gallons are we talk ing about? Ms Arno ld sa id I don't know how big his are
Mr . McCormick said one company ... I'll just give you an examp le because I have not been in his bus in ess . I
don 'I want to give you any numbers but there was a Colorado bumper down in Pueblo , Colorado ... chrome
bumpers ... so I can give you kin d of an analysis of what their cost would have been because we rated them for
some of their operat ions but they did probably about five times the amount of wastewater as his ope rat ion does
per day ... on a per day basis . And for them to install chromium treatment , had they opted to , would have cost
about $32 ,000.00 to take hexavale nt chrom ium and do the reduction , the chemica l reduction, on it. So tha t was
a pretty large fac ility because it is a holding tank and as Pam said , it is ju st a chemical add ition . So I haven 't
been In his batch process , I bel ieve the owner sa id that he does two batches per week ... aboul 12-1 4 hu ndred
gallons each . And it Is putting a pencil to it. The Metal Fini shing Association has, they are the ones who provide
techn ical support to bus inesses that do chrome plating , anod izing and th ings that he typically does and that Is
one of the major th ings they focus on This is a manufactu rin g association that is prov idin g tha t techn ical
assistance on what th e trea tme nt tec hno logy ava il able today is , the most cost effect ive one . I mean I don 't
know how else to put it but I've test ified in a lo t of hearings about businesses that have to spend money on
treatme nt. EPA estimates about 5 percent of the net profits are typical investment capit al. Investment in the
operations typica lly goes to waste treatment. I mean, that is the average . And I don't know, if somebody's
marg inal and they don 't have the 5 percent to Invest and I've seen a lot of cases come up where thi s is, some
times it does happen where they can 't afford treatment. But in th is case, chrome treatmen t has bsen around
for ... peop le working with chrome typically have installed it. I just haven't in spected that many that never had
treatment in place with hex chrome
Mayor Woodward asked if there were any other questions . There were none .
COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (II)· COUNCIL BILL NO. 5.
COUNCIL BILL NO . 5, INTRODUCED BY COUNCIL MEMBER MOORE
A BILL FOR AN ORD INANCE AMENDING TITLE 12, CHAPTER 2, OF THE ENGLEWOOD MUNIC IPAL CODE
2000 ENTITLEO "WASTEWATER UTILITY".
Mayor Woodwa rd asked if there was any furthe r discuss ion .
Council Membe r Oakley sa id I guess I'm sllll a little on the fence on th is . I don't know If mo re information would
help me or no t There's the tim e faclor and whether he can comply or not If everybody else has it ... l don't
know I guess I'd li ke to look into it a little bit more . That Is Just my opinion
Council Member Wilson sa id as far as u,e costs?
Council Member Jefferson sa id exactly how big Is that IJurden on Mr. Harrell's business? I agree II ls somewhat
amb iguous bu t hearing what I heard from these folks today, we are Just doing it on first read ing heIe now.
Mr . Oak ley sa id that was my next point , so it Is on first reading . I guess before second read in g ha ppe ns ...
•
•
Council Membe r Jefferson sa id I will be voting for it tonight. I guess , gener ally a11u then , you know. 1f Mr. Harrell •
wou ld lik e to prov ide additio nal information to rebut what lhey were saying, it would be helpful
Council Membe r Penn said I think you are right Wayne , I thrnk we need to know some of the cost. what 11 Is
going to cost him too
• Englewood City Co:•ncll February 2, 2009 Pago 11 Council Member w,rson said I !honk we also need lo keep on mond What lhe dangers are Counc,I Member Jefferson saod nghL certainly Mayor Woodward asked If there were any further commenls There were none Voto resulls:
Ayes Council Members Penn. McCashn. Moore. Woodward . Jefferson.
Wilson . Oakley
Nays None
Mollon earned
(ou) Director Fonda presenled a recommendation from the UW,tN!s Department to adopt a
bill for an ordinance authonzmg a ~Grant of Temporary Conslruclloo license," a "Grant of R,ght-of-Way," and an
"Exchange of R,ght-of-Way Agreement' for relocabng the C,ty Dolch at 3200 South Lincoln Slreet to allow for the
construcbon of a building He sa,d we were approached by i;L Louis to allow them to move the pipe that runs
across their property to the other side of the property and we have worked out all lhe details, both eng,neerong
and lega l The Waler and Sewer Board are recommending approval of t:,e "Granl of Right-of-Way·, and
"Exchange of Rlght-of-W,1y agreemenl". with a quit claim deed to follow. They will put the pipes in the new
location and then they will bring it around where the end points are and then when It Is all in place. they will
make the connection. hopefully before Apni 1" when the ditch goes In. We w,11 be monotorlng what lhey are
doing , before and after So , at this point. I think. we would recommend that we allow them to proceed with lhos
II allows them 10 construct the building on the property that they wouldn't have been able to coostruct othe<Wise
• COUNCIL MEMBER PENN MOVED, AND COUNCIL MEMBER JEFFERS ON SECONDED, TO APPROVE
AGENDA ITEM 11 (1) (Ill) • COUNCIL BILL NO. 6.
COUNC IL BILL NO 6. INTRODUCED BY COUNCIL ME MBER PENN
A BIL L FOR AN ORDINANCE AUTHOR IZING A "GRANT OF TEMPORARY CONSTRUCTION LICENSE". A
"GRANT OF RIGHT-OF -WAY" AND AN "EXCHANGE OF RIGHT-OF-WAY AGREEMENr FOR RELOCATING
THE CITY DI TCH AT 3200 SOUTH LINCOLN STREET, ENGLEWOOD. COLORADO IN ORDER TO ALLOW
FOR THE CONSTRUCTION OF A BUILDING
Mayor Woodward asked ,f there was any d,scussoon There was none
Vote resulls:
Ayes Council Members Penn. Mccaslin. Moore. Woodward , Jeffe rson.
Wilson . Oakley
Nays None
Motion earned
(b} Approval of Ordinances on Second Reading
There were no addlloonal ordinances on second reading (See Agenda Item 9 • Consent Agenda }
(c} Resolutlons and Motions
There were no additional resolutions or molions submIlled for approval. (See Agenda Item 9 • Consent
• Agenda )
12 General Discussion
a ) Mayor's Choice
Englewood City Council Febru ary 2 , 2009 Pago 12 (1) Mayor Woodward salU I'd like 10 try to address some of what I believe I heard Ms Hackett talk about and that was the new trail g01n9 ,n That ,s actually being put in by South Suburban Parks Foundallon and the Crty of Englewood helped them put thal 1n South Suburban Parks and Recreation will be doing the mantenance , the daily maintenance and upkeep of that That land, crossing Laylon and gomg an the way to Broadway I would Imagine. I would thmk, that they would have trash cans I win 1ust happen to be tall11ng to the directo, of the South Suburban Parks and Recreation and I wll venfy them but I am sure that they would love to have any clttzen help that they can get ,n tak,ng care ol somethi ng like that because ,rs an area that's prelly 1nteresl1ng. In fact, 1t was JUSI about a year ago, that I saw two deer down there feeding So I appreciate
you coming and brtngmg this up It 1s South Suburban Parks and Recreation and It Is being built through their
Fou ndation. So that Is that Item .
(11) Mayor WOOdward said the second item and the only other ,tern I wanted to menbon was
the National League ol Clbes I did get an email lh1s week , on Friday that I was appointed to the Steering
Commottee for the F,rst Tier Cities so I'll be paitlcipabng on that tor the next year. Couool Membe< McCaslln
said congratulations
(b) Councll Members' Choice
(I) Council Member Penn said I'd like to see if I can gel approval for my rees lo go lo the
National League or Cities Conference. I think everyhody has the information In front of !hem
Council Member Moore said Randy, with your consent. can we address a:I of these Issues together? Council
Member Penn said thal would be fme. Thank you. John. Mayor WOOdward said we have Randy, Council
Member McCastin and Council Member Oakley tonight Council Member Wilson said and Council Member
Jefferson. Mayor Woodward said I don1 have Joe's Council Member Jefferson said It was d1Slribl.1ed earlier
Mayor WOOdward said okay Th1S ,s for attendance to lhe National League of Cities conference held in
Washington D.C. in mid-March, the 14" through 18" and we had a motion correct? Council Member Moore said
nol really but since I am not golng , l would be happy to make a motion. He said I will. as l did last year, really
encourage that Councli consider whether or not an every other year approach might sl lil gel us sufficien' return
for the investment but I also respect the value you see in attending this meebng , So, I will make the motion, bul
will Jusl plant lhal seed again,
COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE THE
EXPENSES TO ATTEND THE NATIONAL LEAGUE OF CITIES CONFERENCE FOR COU NCIL MEMBERS
OAKLEY, PENN, JEFFERSON AND McCASLIN .
Counc~ Member Jefferson said I don't generally comment but you know, there 1s some portion of the
constituency that Is concerned about the cost of some of these tnps and I ini!Jally shared some of those
concerns befo,e going firsthand Afte r coming back with some of the information that was provided al some or
these conferences and courses that are provided, I did find that there is value, there Is return for lhe in·,estment
fo r the citizens of the City, in my opinion. II does make everybody up here, I think, a belier leg islator. Speaking
for myself, as a first lime legislator, stuff like that is invaluable for us and for only a couple or thousand dollars, I
think 1t 1s very reasonable
Council Member Penn said I also agree with John I think we need to look at a rotallonal system for our Council
Members and maybe, for a later Study Sessoon, that we go over ,t and kmd of look al, is there a fair rotallon fo,
everyone to get there I agree wrth Joe that there are so many good things that you do learn over there, that
you can bnng back lo the City of Englewood. And that I think it Is well worth going but I also think It is worth
looking al rotation too
•
•
Mayor Woodward said I wou ld like lo comment too Iha! in considering ltiis, there I& also the Colorado Mun icipal
League thal even gels nghl down Into Colorado Issues and things like n,at and maybe , .. I know that last year I •
was the only one that wenl 10 that actually Gary and I and Dan .. and it Nas really valuable and invaluable
heanng what other c,1,es are doing w1th1n our state regarding issues that ,,e deal with all of the lime
Spec,f,caUy budget and things hke that So I would encourage that
• Englewood City Council Feb ruary 2, 2009 Page 13 Mayor Woodward said d there 1sn 1 any fu<1her discuss,on please vote Vote results: Molloncarned Ayes Council Members Penn, McCasl1n , Moore. Woodward , Jefferson, w,1son , Oakley Nays None
Mayor Woodward said thank you Randy for geumg out there and approaching and raising funds Randy and
JiU, for the students on the NLC Conference Council Member Penn said I also need to know how much more
we need to go there There have been some good funds corning from some of the people ,n Englewood I w,11
conlinue lo go oul and work for that, for our students. Mayor Woodward sa,d we need to see what we can do
there Thank you
(11) Council Member McCashn said my w,fe, who ,s the p11nc1pal of B,shop Elementary,
would kke to thank Parks and Recreatron, Jerren Black. In regards for helping them with cooperallon w,th some
plants and stuff for therr plan Again we see government and the school community wor1ung hand-ln•hand and t
do reany appreciale ,t Thank you very much
(111) Council Member Oakley·
1 He said unfortunately I have two or three th ing s to talk about tonight Most of it Is working through
DRCOG I am going to give out some handouts here and I'm not going to expect us to go into detail on this
You can IOok th,s over, after I explain It, and if you have some concerns, gJVe me a call or give me an emalt
•
What ft mostly amounts to 1s DRCOG ts having an emergency meebng this Wednesday night 1n regards to the
sllmulus program and how fast that's coming down and what's happening along those hnes They appear to be
changing the rules In midstream on certa,n things They are wanting a quorum of the Board to help them along
with this and they are going to move forward on some of the ways that money is going to be distributed. The
money that's going to be coming In to DRCOG, which Is going to be somewhere In the area of 50 milhon dollars
Most of the time, when we are asked lo vote on tho$e things, I don't have bme to consult Council There are a
lot more learned people at those meetings than I and somebmes when you are s1tbng al a :;oa,d meebng With
some of the mare teamed minds of the governments around, the cities and counties, 1fs prudent to listen
instead of talk That's Whal I do a lot of the bmes. If there 1s any feedback from you guys on this, I would
probably hke to hear about il So the first one I'll hand out Is a letter that explains why the Board 1s going lo be
do,ng il Again, I don't expect you to read this all rig ht now, just digest it and If you want to get back lo me on 11,
go ahead and do that What's going to happen wit h those Is tha t they are going to come back and DRCOG Is
using a method of service lo transportation programs, the TIP program whlc~ ,s the Transportal1on Improvement
Program, whiCh we have been work ing through for years We talked about that like the Dartmouth Bndge and
some of those other prOJecls were on that And Iha t was set up through 2008 to 2013 and that worked as long
as they knew Wl\al kind of money w~s coming out of Washington DC. on a regular basis and hOw that money
was gotng to be d,stnbuted. But now, this whole new process has come out, where we're tallong 800 and some
billion dollars and certainly not all of that Is allocated to lhese kinds or programs, but there Is go 19 to be large
chunks of money lhal Is going lo be coming out of the federal govern ment to the stales, down tc the cities and
It's going to be d1v1ded up like 60-40 and all of those kinds of things rt gets very complicated A •d that's what
we are go,ng to be talking about at these meetings and I want lo make sure that I don't miss something that we
may be eligible for So I want to make sure that au of the 1nf01mal10n 1s handed out and bke the agenda for
Wednesday night's meehng, I got 11 copied off today and I forwarded three copies to Mike J met With Mike and
Dan and Gary eartter today about this I forwarded that copy to Mike to d1slnbule to maybe Rick or Dave
Henderson, because they have been working with these programs It appears to me that they may be saying in
here that since this is coming so fast. that they are going to have lo change the rules a htlle bit to deal with II or
they are not going to be able to qualify for the money Because when you have something set up where ,1 takes
• two or lhree years for ii lo normally go through. and they are telling you that you have shovel ready projects, up
In 90 days they may have to make some except,ons And there may be some room for us to come back w,th
some of the proposals that we had submitted to the Mayor's. Kathy Novak. for the prospect they were doing for
what they called the main street pro,ects We had a lot on that If we had a chance to reapply maybe through
th,s other orogram. we maybe should take a IOok at that Al 111' saying 1s whoever can handle tt,,s for me.
Englewood City Council February 2, 20 09 Page 14 please he lp me because I'm nol sharp enough lo keep up wllh 11 That's the reason I want you gu ys to go ahead and took at some of this s1uH loo 2 He said the second handout wi ll be on another thing completely . And that ,s a FA STER bi ll thal legislat ion ,s being written by a Senato r Dan Gibbs and co-sponsored by Representat ive Joe Rice from our district This 1s another tremendous expe ndi ture on transportation within the Stale of Colorado It , agarn . has a tot of things rn ,t tha t you know much about , as much as ! do , when you read the overview These lhings are happening so fast Dan came and ta lk ed lo us for an hour at the last DRCOG and after an hour , 11 wasn't clea r
whal was 1n lhe bi ll The bill is one hundred and sevenly -s ome pages lon g. You cou ld read lhe th ing and still
not understand what you 1ust read On lop of that, they are already coming out with amendmen ts for it And
then , Nancy McNally , the cha ir of DRCOG , 1s asking us to go back and expla in lhls to our Councils . Th i; little
bird cannot expla in it all . So all I can do is to give you an overview of whal they are going lo be talk ing ibout
and you 're going to know as much as t do . And then when I get caught up in it dow n there Wednesday night, rtl
have to vote the best I can un less any of you has any specific things that you really want me to vote aga inst.
What th is entails is mon ies that new ideas tha t they are coming up with, as far as new tax , new fees , toll roads ,
a whole myr iad of things There is strong opposition to say one th in g that came up, was toll roads People
inh erently ha te to pay a toll on a road that they paid for twenty years ago and all of a sudden they make it a toll
road If you are build ing a new highway or something, and from the beg inning it is un derstood that that 's going
to be a to ll road , peop le accept that. They have a ha rd time accept in g going back and j ust arbitra ril y changing a
ro ad that has bee n a regular road for years and chang in g it in to a toll road . And as I understand it, they are
even making it so broad that local Jur isd ictions could dec ide , if they want , to make somethi ng a toll road . That
ju st blows my mind , I can 't imagine getting down that far It probab ly won 't but I don 't know so I'm going to
hand these out and you guys take a look at it aga in.
Mayor Woodward said as a rem inder lo Council , Representative Rice wil l be meeting with us next week at our
Study Sess ion , alcng with the other le gislators . Metro Mayors Caucus ,s dealing with this bill also and had a
meeting last week with the sponsors and brought up some of the same concerns and that sort of thing . The
additional registration fees , the toll fees through cities , and the C-470 for example. that sort or thing and how
that money was go ing to be shared , wh ich is a big point of it Where ii goes Th ,s ,s a very fluid document
Council Membe r Penn said I thi nk one other th ing. Gary , you set that up about our RMRA and that w,11 also aod
to th is. Ma ke sure that you look though th at because it is a long piece that you might have lo took at also
Council Member Oakley said there is also several bills coming up, at le ast two that I know of, that are
address ing the same th in g that they had last yea r. about states turn ing some of the local highways ba ck to the
cities It was brought up down there that a couple of cd,es looked into that and what the State was offering for
the cities to take them back was almost laughable They couldn 't Im agine why anybody wou ld want to
vo lunt ari ly do that. So I'm hoping that the bills will be killed again this yea r but aga in, we 'll just have lo wa,1 and
see There 's also a bill sponsored by , I'm pretty sure ,rs a gentle ma n, Brophy from Wray , out on the eastern
part of the stale ... I'm pretty sure I know his name , that's trying to stop some of the rail justifica tion stuff, the
bypass for the coal trains east of he re and sluff, They are trying to stop by any ways , to stop the acquiring 1he
land So I don 't know whe re that's going to go , Randy, either. But all of these lhings are coming down the µike
and you 1ust have to stay out of the road because there's noth ing that you can do about it. I know I said a lot ,n a
very few minut es here guys but that's ,t
(i v) Counci l Member Wil son said I'd like to pu t m a Co unci l requ est for next week , nex t
Wednesday , a coyote symposium at Jefferson Co un ty . I know that four of ou r Code Officers are going . I'd hke
to have a prese ntation when they are done w1lh lhal If we could put it on a Study Session relatively quick,
be cause I th ink that ,s going to become a brg issue : wha t to do with 1he coyotes . I'd be anxious to hear back
what they are going to have to say
Mayo r Woodward said you 'd like one of the officers l hat ac tually attends?
Counc il Member Wil son sa ,d yes , to pre sent and we can ask questio ns
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• Eng!ewood City Councn February 2, 2009 Page 15 Coty Manager Sears said I th<nl< M ~e attended lhe last sesSIOn on coyoles and I 1h1nk that this one may be public Counol Member Wl1Son said no rt I Deputy c.-,. Manager Flaherty $aid no The one lhat t anended , Gary was at the C11y of Centennial They have thal ,ssue and they are lak,ng some actJon on thal bul lh1s IS lhe OMSIOII of W,ldlde thal ,s holding !hos workshop for pubk olloals only Council Member Oakley said I personally :;aw IWO coyotes srtt,ng '" my backyard In the last monlh I know the
difference between a coyole and a lox, believe me These were coyotes
C1ly Manager Sears said I know what Mike has been lo and the last one. lhe Crty of Centenmal has taken the
leadership role In lhts and has developed a consoruum I suspect thal maybe something that Councd would
have to take a look at as a result of uie upcom,r,g session We WIii again give a presentaoon to Counal based
upon thal session Councd Member W~son said lhank you
(v) Council Member Jefferson said just to Dot lnd Bill Hopefully, Dot we had an
opportun,ty to respond to your concerns and hopefuly Mr Harrel, 11e 'lave an opportunity when you provide
us with some more Information That's all I have. Thank you
13 City Manager's Report
(a) City Manager Sears sald lhe only thing that I have ,s, I lh111k, a follow up to Council Member
Oakley°s aimment_ I know that one of the issues lhat we have not had brought t~ our attenbon persona!1y n s
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on the leg1slalure and lhat Is lhe COOT turnover of both Hampden and Santa Fe to the City, JUSI hke Broadway
Thefe are huge huge cost ,mpl,c.abtJns to both of those pubhc nghts-of-way and clearly COOT has talked about
lhat and 1s considering 1ha1 So we will try and watch that closely I am looking forward again to having our
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representa!Nes here riext Monday rughl and perhaps they can P.xpla,n where some of those items are at That's
lhe only comment lhal I have this evening
14. City Attorney•~ Report
C..,. Attorney Brotzman did not have any matters to bong before Council
15 Adjournment
MAYOR W DWARO MOVED TO ADJOURN. The mee1lng adjourned at 9 04 pm .,,
Metropolitan Mayors and Commissioners Youth Awards February 17. 2009 JIM: • Welcome -and thank you for coming this evening.
• Tonight we are honoring Englewood's nominees for the 2009 Metropolitan
Mayors and Commissioners Youth Awards.
• The Youth Awards recognize young people who have overcome difficult
situations in their lives.
• We are recognizing 17 nominees this evening from schools in Englewood
• We are honoring these nominees not because of the challenges they have
faced, but because they have risen to those challenges.
• These students inspire us with their strength and determination.
• I would like to invite the other City Council Members to join me in front of
the dais so we can form a receiving line to congratu late these special young
people.
• I would like to introduce Leigh Ann Hoffhines, who represents the City of
Englewood on the MMCV A Board of Managers. Leigh Ann is going 10
help us with the presentation.
LE IGH ANN :
• Thank families, friends, teachers, and counselors here tonight to help us
honor our nominees and who suppon these special young people on a daily
basis.
• Extend a specia l thanks to the nominators for recognizing the
accomplishments of these young people and for bringing them to our
anention.
• School Board sen ds regrets -unable to al\end -meeting connict o Extend congratulations on their behalf. • On 10 recognition .
• I'm going 10 call each nominee up individually-please come forward as I
call your name.
• Each nominee will rec, ive a certificate and gill card as token of our
admiration.
I. Damon Abeyta, an s•h Grader at Englewood Middle School. Damon's
nominator says Damon has a positive mindset and works to be the very
best person he can be. He works hard in school and is an advocate for his
own education.
2. Brittanie Brite, a 12111 Grader at C0lorado 's Finest Alternative High
School. According to her nominator, Brinan ie has an amazing capacity
for resilience, with a strong sense of independence and an unwavering
strength. She ofien volunteers through the school at the school blood
drive, the Humane Society, and the Denver Rescue Mission.
3. Jasm ine Davis, an s•h Grader at E11glewood Middle School. Jasmine -or
Jazzy as she is known -is described as a leader in the classroom . She has
a positive and caring attitude, and is always willing to lend a hand. She is
an active young woman who is very organized -she participates in many
extracurricular activities and helps with the school's recycling program .
4. Javie r Deluna, a I 2'h Grader at Humanex Academy. His nominator says
that Javier has totally turned his life around . He is a positive role model
at school, helping others by sharing his perspective and encouraging
:hem make good choices. He is a prosperous senior who has been
ac<.'!pted into college and has excellent plans for the future.
MMCY /\ -l'ugc 3 5. Cody Edi e, a 12 '" Grader at Colorado's Finest Alternative Hi f h School. Cody's nominator says that Cody's positive, generous attitude is infectious. He is grounded and mature and serves as a role model for his peers. Cody uses his past choices as a motivation to achieve his current goals and he is determined to succeed. 6. Scott Faulk, a 7'" Grader at Englewood Middle School. Scott is described
by his nominators as a very ca ring young man who values life, his
family, and hi s friends . He has a positive outlook and is compassionate
toward others in need.
7. Clayton Ford , an 11 1
" Grader at Humanex Academy. Clayton's nominator
describes him as a positi ve role model who has helped younger students
understand that they have cont rol over their own success. Cl ayton has
worked hard in school and by succeeding in school he has shown he can
be successful in life.
8. Hannah Goettsch, a 12'" Grader at Colorado's Finest Alternative High
School. Hannah is described by her nomi nator as one of the most
dedicated people she has eve. met Hannah values her family, her
relationships, and herself. She is unabashedl y honest about her
experiences in the hopes that she can help others.
9. Oscar Gomez-S osa. a 12th Grader 01 Co lorado's Finest. Oscar is
described by his nominator as a polite , focused, and thoughtful young
man who has the confidence to "do his own thing." Oscar understands
that every choice comes with a consequence -thi s matu rity and clea r-
headedness helps hi m serve as a great ro le model.
10. Jessica Lacey, a 121h Grader at Colorado's Finest According 10 her
nom inators, Jessica has a positive attitude and an energetic spirit She
always sees the bright side of things and is always available for a friend
in need. Her personal determination is helping her accomplish her goals.
11. DeShariel Mathis, an 8'" Grader at Englewood Middle School.
OeS hariel's nomi nators describe her as an organized, respect ful young
woman wlio contributes to the classroom through her active participation .
She make s positive choices for herse lf and serves as a positive role
model.
M~ICYA ·Page-I 12 . Leo McClung, a I 0th Grader al Humanex Academy . His nominator says Leo has a positive altitude about life that helps others feel belie r about their own life siluations. He has been a stable force for hi s family by working hard in school and staying focused on his own well-being and the well-being of his family.
13. Carly Scllaro, an 8th Grader at Englewood Middle School. Carly is
described by her nominators as a respectful, considerate, and responsible
young woman. Carly views life as something she has the power 10 make
work for her and she brings others along with her on her positive, "can-
do" path .
14. Grace Van de Pas , an I Ith Grader at Humanex Academy. Grace's
nominator~ say she has worked hard to become the successful young
woman she is today. She serves as a peer counse lor at school, sharing her
insights with others and helping them resolve conflicts and learn better
ways io cope with their life challenges.
15. Josh Wood, a 12'h Grader at Colorado's Finest Alternative High School.
Josh is described by his nominators as an easy-going, thoughtful young
man . He has a creative energy and is curious lo learn knew things . He
offers positive support lo his peers, challenging them to grow and reach
their true potential.
16. Bricana Wages , an glh Grader a1 Englewood Middle School. Brie's
nominators say that she has a warm and caring nature that makes her a
leader in lhP c lassroom and a good role model. She is very active in her
school community and she lakes pride in her volunteer work, which
includes spending time at a local nursing center.
17. Stephanie Zalinger, a I 2'h Grader at Co lorado's Fin est Alternative High
School. Stephanie is described by her nominators as cheerful, focused.
and energetic. Her strength and detem1inalion have helped her tum her
life around and she uses her experiences'" help mentor peers and
younger students.
MMCY A -Pace 5 • Congratulations again to all of you -We are proud to have young people like you as members of our community. • Let's give them all a big round of applause.
PUBLIC C·OMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT February 17, 2009
PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES
PLEASE PRINT
NAME ADDRESS TOPIC
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Audra Kirk From : J,m G 01mg11meOyahoo.com) Sent: Friday, January 30, 2009 9,17 AM To : Audra Kirk Cc: Tom Rolhe; Bob McCashn Subject: KEB January 30, 2009
Greeungs All :
Please accept !his email as my res1gnauon from KEB .
I have !liken on new commitments for time that are in connict with the KEB meeting schedule. I have
enjoyed knowing and working with the Commissioners during my 6 month appom1ment which ends this
month. I was not aware of !he schedule connict until recently.
I appreciate 1he Council's and 1he Commission's confidence I
Pl ease lei me know If there is anything else I need to do at this time
Sincerely, ~Y)..,
Jim Gibson ,(/ [fl¥
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CO UNCIL CO MMUN ICA TI N Date: Agenda Item: Sub ject: February 17, 2009 9 a i IGA with DRCOG for 2008 Traffic Signal System Equipment Purchase Initiated By: I Staff Source: Depa rtment of Public Wo,~s Rick Kahm, Director
COUN CIL GOAL AND PREVIOUS COUNCIL ACTION
City Counci l ap proved BIiis for an Ord inance in 2004, in 2005 and in 2007 to enter into an
agreement with the Denver Regiona l Co uncil of Governments (DRCOG) to allow DRCOG to
reimburse the City of Englewood fo r misce ll aneous traffic signal equipment purchases.
RECOMMENDED ACTION
Staff requests that Ci ty Council adopt a Bill for an Ord inance to en ter into an In tergovernmen tal
Agreemen t (IGA) wi th the DRCOG for the 2008 Traffic Si g11 al System Equipment Pu rchase
program . This IGA will all ow DRCOG to reimburse the City of Englewood for the cost of traffic
signal system equipmen t (to be p!!rchased by the City in 2009) in an amoun t up to $21 ,000.
BACKGROUND, J.l'l:ALYSIS, AND ALTER NATIV ES IDENTIFIED
The Traffic Engineering Division of Public Works submitted an application to DRCOG for traffic
signal equipment purchases to be considered in the 2008 Traffic Signa l System Equ ipment Purchase
program . DRCOG, respcrisible for adminis tering this program . received U.S. Department of
Transportation Congestion Mitigation/Air Quality (CM/AQ) funds through the Colo rado
Department of Transporta tion (COOT) to cauy out traffic signa l s1•stem imp rovements and
purchases in the Denver region. All applications were reviewed and scored by DRCOG based on
previously set crite ria consistent wi th the adopted Traffic Signal System Improvemen t Program
(TSS IP). Englewood has been awarded up to $21 ,000 towards the purchase of traffic signa l
equipmen~ which Includes the traffic signal cabinet with uninterrupted power supply sys tem, fiber
optic cable and fiber optic modems.
The Traffi c Signal Sys tem Equ ipment Purchase program covers equipment purchases only, with
equ ipment installa tion being comp leted by City forces . These improvements will enhance the
functionality and efficiency of the traffic system control along the Broadway corridor.
FIN AN CI AL IMPACT
There are no financial obligations for the City other than providing funds up front for the equipme11t
purchases , which ar e later reimbu rsed to the City. Adequate funds are available in the
Transportation System Upgrade account and will be credited back to this account with the
reimbursement of Federal funds by DRCOG .
LIST OF ATTA CHMENTS Bill for an Ordinance •
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ORDINAI\CE NO. SERIES OF 2009 BY AUTHORITY COUNCll. BILL NO. 7 OORODUCED BY COUNCIL MEMBER ____ _ ABll.LFOR AN ORDINANCE AP PRO\ 1NG AN INTERGOVERNMTh'T AL AGREEMENT (lGA)
EN1TTI..ED ""CONTRACT BY AND BETWEEN TliE DENVER REGIONAL COUNCll. OF
GOVERNMENTS (DRCOG)'" FOR REIMBURSEMENT TO THE CITY OF ENGLEWOOD,
COLORADO FOR THE COSTS OF TRAFFIC SIGNAL SYSTEM EQUIPMENT.
WHEREAS, DRCOG received U.S. Depanment ofTransponation Consestion Mitigation/Air
Quality {CM/AQ) funds through the Colorado Depanment ofTranspon.anon (COOT) to cany out
uaffic signal sys1em improvements and pun:hases in the Den,·er metrOpOlitan region; and
WHEREAS. DRCOG desir~ to engage the contractor for the purchase of miscellaneous 1r11ffic
signal equipment consistent with the 'fraffic Signal System Improvement Program; and
WHEREAS, the City of Englewood submiued an application to DRCOG for the 2008 Tmffic
Signal System Equipment Purchase Program; and
WHEREAS, DRCOG is responsible for monitoring And administering this Federal program: and
WHEREAS, the passage of this Ordinance aulhonzes the intergovemmcntal agreement allowing
DR COG to reimburse the Ci ty of Englewood for the cost of traffic signal system equipment, which
will be purchased by the City in 2009, for an amount up 10 Slt.000;
NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
~-The City Council of Englewood, Colorado. hereby authorizes an intergovernmental
agreement (IGA) entitled ""Contmct by and Between the Denver Regional Council of Governments
(DR COG)"" for rc,mbuBCmcnt to the City of Englewood, Colorado for the cost of tmffic signal
system equipment, which will be pun:hased by the Cny in 2009, for an amount up 10 S21.000, a
copy of which is anached hereto as Exhibit I .
~ The Mayor is hereby authorized to sign and the Ci1y Clerk 10 ancst said intergovernmental agreement (IGA) enti1led "Comract by and Between the Denver Regional Council of Go\'ernments (DRCOG)'' for and on behalf of the Ci1y of Englewood. Introduced. read in full. and passed on first reading on the 17th day of February, 2009. Published as a Bill for an Otdinancc in the City's official newspaper 011 the 20• day of February, 2009.
Published as a Bill for an Ordinance on the City's official website beginning on the I 8th day of
February, 2009 for thiny (30) days.
ATTEST:
James K. Woodward, Mayor
Loucrishia A. Ellis, City Clerk
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J, Louerishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby cenify that the
above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on
fim reading on the 17th day of February, 2009. •
Loucrishia A. Ellis
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CONTRACT BY AND BETWEEN THE DENVER REGIONAL COUNCIL OF GOVERNMENTS ("DRCOG ") 1290 Broadway, Suite 700 Denver, CO 80203 -5606 and
CITY OF ENGLEWOOD
{"CONTRACTOR")
1000 Englewood Par1<way
Englewood, CO 80110
for
2008 TRAFFIC SIGNA.L SYSTEM EQUIPMENT PURCHASE
Project Num ber: 543007 Co ntract Number: EX08085
RECITALS:
A. DRCO G has received U.S. Depa rtment of Transportation Congestio n Mitiga tion/Air
Q:.,aiity {CM/AQ) funds through the Colorado Department of Transportation {COOT), to carry
out traffic signal system improvements and purchases in the Denver metropolitan region .
B. Authority exists in the law and funds have been budgeted , appropriated, and otherwise
made available and a sufficient unencumbered balance thereof remains available for payment
C. DRCOG desires lo engage the Contractor for the purchase of miscellaneous traffic
signal equipment consistent with the Traffic Signa l System Improvement Program adopted May
2007 and further described In this contract and Exhibit A.
D. The Contractor ag ree s lo comp ly with all relevant provl& 0 1 ~ of the co nt ract between
DRCOG and COOT, inco rporated herein by reference and made ; pa rt of this contract, as If
fully set forth, in the monitoring and ad min istrati on or th is contract.
NOW, THEREFORE , it is hereby agreed that:
1. PURCHASE OF THE EQUIPMENT
a. General Requirements. The Conlractor shall administer and purchase the ,;iquipment as
depicted in attached Exhibit A. wh ich Is made a part of this contract, In accordance with
Title 49, Parts 18 and 19, as appropriate, of the Code of Federal Regulations regarding
uniform administrative requirements for state and local governments and other non-
profit <'•ganizalions.
b. Submissions of Proceedings. Cont ract and Other Documents. The Co ntractor shall
submit to DRCOG all data, reports, reco rds, contracts, and other documents co ll ected
and deve loped by the Contractor relating lo the project as DRCOG may require. The
Contractor sha ll retain Intact, for three years following project closeout. all contract
documents. financial records, and supporting documents.
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c. Award of Contract. This contract Is awarded to the Contractor based upon the Contractor 's project application. which provides that the Contractor be responsible for all expenses associated with acquiring, Installing, operating and maintaining the equipmen t, excludi ng the actual purchase cost of tlhe equipment. Contractor agrees tha t Contractor staff and subcontractors engaged In such will not be reimbursa ble as part of this ag reement. d. No DRCOG Obligations to Third Parties. DRCOG sha ll not be subject lo any obligations
or liabilities to any person not a party to th is contract in connection with the performance
of this project pursuant to the provisions of this contract wlthou1 Its specific written
consent. Neither the ooncurrence In, Of approval of, the award of any contract or
subcontract or the solicitation thereof nor any other act performed by DRCOG under this
contract constitutes such consent.
2. ACCOUNTING RECORDS
a. ~-The Contractor shall establish and maintain as a separate sel or accounts, or
as an Integral part of Us current accounting sche me, accounts for the equipment
pu rchases to ass ure that fu nds are expendeo and acco unted for In a manner consisten t
with th is con tract's agreements and objectives.
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b. Funds Received or Made Available. The Contractor shall appropriately record In the
account all reimbursement payments received by It from DRCOG pursuant to this
contract. •
c. Af~[~. Expenditures made by the Contractor sha ll be reimbursable as
il~e ,.osts to the extent they meet all of the requirements set forth below. Such
e..,~n<Jrtures must:
1) Be made in conformance with the descnption, budget, and all other provisions or this
contract.
2) Be necessar; fo r the accomplishment of this con tract , and reaso nable In the amount
of goods and services provided.
3) Be actual net costs lo the Contractor (I.e., price paid minus any refunds , rebates, or
other items of value received by Conlrector that have the effect of reducing the cost
ectually incurred ).
4) 86 incurred for equipment purchased only as described in Exhibit A, after the date of
this contract .
5) Be treated uniformly and consistenUy under generally accepted accounting
principles.
6) Be In co nformance with the standards for allowability of costs set forth In Office of
Management and Budget Circulars No. A· 122 or A-87, as approprla le, rega rd ing •
cost pri ncip les for nonp rofit organlzallons and state and local governments.
2
• d, Documentation of Costs. Invoices, contracts. and/or vouchers detailing the nalure of the cha,ges shall support al l eq uipment purchase CO$lS cha rged to this contract. e. Checks. Orders. and Vouchers. Ally check or order drawn up by the Contractor with respect to any Item which 1s or will be chargeable against this contract will be drawn only in accordanc~ with a property signed voucher then on me in the office of the Contractor, which wlll detail the purpose for which said check or order Is drawn. All checks, payrolls, Invoices, contracts, vouchers, orders, or other accounling documents pertaining In whole or in part to the project shall be clearly klenlified. readily accessible, and. to the extent
feasible , kepi separate, and apart from all other such documents.
r. Audits and Inspections. At any time during normal business hours and as often as
ORCOG. COOT and U.S. Department of Transportation (hereinafter, ·usoor). and/or
the Comptroller General of the United States may deem necessary, there shall be made
available to ORCOG, COOT, USOOT and/or representatives of the Comptroller General
for examination, all records with respect lo all matters cove red by this contract and the
Contractor will permit DRCOG, COOT. USDOT. and/or representatives of the
Comptroller General to iudit, examine, and make excerpts or transcripts from such
records. and to make audits of all contracts, invoices, materials, payrolls, records of
personnel, conditions of employment and other data relating to all matters covered by
this contract.
3. TIME OF PERFORMANCE
• This contract shall commence upon execution and shall expire December 31, 2009 ,
4. COST OF EQUIPMENT PURCHASES
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The cost for equipment purchases In which federal funds are participallng shall not exceed
Twenty-One Thousand Dollars ($21,000) as described the attached Scope of Services,
The Contractor agrees lo provide all Installation, operation and maintenance of lhe purchased
equipment at its expense.
5, REQUEST FOR PAYMENT BY THE CONTRACTOR
a. Award. DRCOG shall reimburse the Contracior up to Twenty-One Thousand Dollars
($21,000 ) for the purchase of traffic signal equipment as described in the attached
Scope of Services.
o. Payment Payment shJJI be made on the following basis: Afler receipt of the
equipment, the Contractor shall submit the invoice to the ORCOG Accounting
Department for reimbursement. DRCOG will incorporate the Invoice into ils next bill to
COOT. Upon receipt of payment from COOT by DRCOG and upon verification by
DRCOG that the Contractor has installed the equipment and that the equipment Is
operating as intended, ORCOG will reimburse the Contractor for the amount of
allowable costs of the Contractor's Invoice. lt is the Contractor's sole responsibility to
Install the equipment and contact DRCOG for field verification prior to receiving
reimbursement.
6. MANAGEMENT a. ORCOG Representative . DRCOG has designated Greg Mac Kinnon as Its representative who will coordinate reviews, approvals, and authonzatlons. b. Conlracto~s Representahve . The Contra,.or has designated Ladd Vostry as its representative for this contract who shall be ,esponslble lor coordination and liaison wllh ORCOG on the equipment purchases associated Wllh this contract. If at any time a contractor representative is not asslgnad for this contract. lhe (,ontractor shall
Immediately notify ORCOG and work shall be suspended untff a representative has
been assigned wile is acceptable to ORCOG.
c. By signing this agreement, the Contractor also represents that 11s organization and its
principa ls are not suspended or debarred per Federal requirements.
7. PERSONNEL
The Co ntractor represents II will provide and secure the personnel required in installing,
maintaining and operating the equipment listed In E~hlbll A. All of the services required
hereunder will be performed by the Contractor or under its supervision, and all personnel
engaged in the wO<k shall be fu lly qualified and shall be authorized under State and local law lo
perform such services. Such personnel shall not be employees of or have any contractual
relationship with DRCOG. Any subco ntracts entered Into by the Contractor associated with this
Contract shall Include a statement that the parties 10 the subcontract understand that DRCOG
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Is not obligated or liable In any manner to the subcontractor or for the performance by the •
Contractor of Its obligations under the subcontract.
8. TERMINATION
a. Funds not Available. The parties expressly recognize that the Contractor Is to be paid,
reimbursed or otherwise compe nsated with federal and/or State funds which are
available to ORCOG for the project. In the event that CM/AO funds are not made
available to DRCOG per Recital A, this Agreement shall terminate immediately.
Contractor expressly understands and agrees that au of its righls . demands and claims
to compensation arising under th is contract are contingent upon availability of such
funds to ORCOG.
b. Termination for Mutual Convenience. The par11es may, with lhe concurrence of COOT,
terminate this agreement if both par1ies agree that the equipment purchases specified in
Exhibit A would not produce beneficial results.
c. Termination or Contract for Cause. If through any cause. excluding i:irC'! majeure , the
Contractor shall f~II to fulfill In timely and proper manner Its obligations :mder this
contract, or ii the Contractor shall violate any of the covenants, agreemei1ts, or
slipulatlons ol lhls contract, and has not corrected such breach within ten days of being
given notice by ORCOG, DRCOG shall !hereupon have the right to terminate this
contract by giving written notice to the Contractor of such termination for cause . which
shall be effective upon receipt of the written notice. •
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In that event , DRCOG sha ll not be required to reimbu rse the Con tractor for any equ ipment pur chases not ye t billed lo COO T, and Contraclor shall be ob li gate d to ret urn any payments prev iously received under the provisions of this contract. Notwithstand ing the above , the Conlraclor shall not be re lieved of li ab il ity to DRCOG for an y tam ages susta ined by DRCOG by virtue of any breach of the contract by the Cont ra · ,or d. Termina tion for the Convenience of DRCOG . DR COG may terminate this cc-' acl at any tim e by giving writ ten nolioe to lhe Contracto r of such term ina ti on , which . •111 be effective upon rece ipt of the written notice . If the contrac t is terminated by Df ,_-oG as provided herein , the Con tractor shall be entitled to rece ive compensa tion fo r un y
equipment purchases made prio r to the effective date of such termi nation , st::>j} .: to
field verificat ions being comple ted to the satisfaction of DRCOG.
9. EQUAL EMPLO YMENT OPPOR TUN ITY
Du ring the performance of thi s contract, the Contractor agrees lo comply with all fede ral and
state laws , rule , regu lations , and orders re ga rd ing equal employment opportun ity , Including
Execut ive Order 11256 , "Equal Emp loyment Opp ortunity ," as amended by Exe cu tive Order
11375 , • Amendi ng Executive Order 11246 Relat ing to Equa l Employmen t Opportun ity,' and as
suppleme nted by regulations at 41 CFR part 60 , "Office of Federal Co ntract Compl iance
Programs , Equal Employment Opp ortu ni ty , Departme nt of La bor :
10. DISADVANTAGED BUSINESS ENTERPRISE
a. Po licy . DRCOG is committed to and has establ ished a Disadva ntaged Bus iness
Enterp ri se (DBE ) program In accordance with the regulations of the U.S. Department of
Transportat ion (DOT), 49 CFR Part 26 . It is the policy of DRC OG to ensure that DBEs ,
as defined in Part 26, have an equal opportun ity to part icipate in the performance of
contracts and subcontracts receiving DDT funding assistance . Consequently, the DBE
requ iremen ts of 49 CFR, Part 26 apply to th is agreement.
b. DBE Obligation . The Co ntractor and its subcontrac tors agree to ensure that DBEs as
determ ined by lhe Office of Certificat ion at the Co lorado Department of Regulatory
Agenc ies have the max imum opportun ity to part icipate in the perfo rmance of contracts
and subcontracts receiving DOT fund ing ass istance provided under this ag reeme nt. In
th is regard , the Contracto r and subcontractors shall take all necessary and reasonab le
steps in accordan ce with thi s policy to ensure lha l DBE have lhe maximum op portun ity
to compete fo r and perform contracts . The Contractor and the ir sub contract ors sha ll not
disc ri mina te on the basis of race , color, national orig in or sex In the award and
perfo rmance of contra cts and sub ~ontracts receiving DOT funding as sista nce .
11 . PROH IBI TI ON AGAINS T HI RING ILLE GAL ALI ENS [N OT APPLICAB LE TO
IN TE RG OVER NME NTAL AGR EEME NTS },
The Co ntractor shall no t knowing ly emp loy or cont ract with an illega l alien to perform work
under this contract. Contractor sha ll not enter inlo a contract wilh a subcontracto r that fails lo
certi fy to the Cont ractor that the subconl raclor shall not knowingly emp loy or contract with an
ill egal alien to perform work unde r thi s contract.
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Contractor will participate In either the E-verlfy program or the Department program, as denned • in C.R.S. § § 8-17 .5-101 (3.3) and 8-17.5-101 (3 .7), respectively, ,n order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services. Contractor Is prohibited from using the E-verlfy program or the Department program procedures to undertake pre-employment screen ing of job applicants whil e this contract Is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this contract for services knowingly employs or contracts with an illega l alien, Contractor shall :
a. Notify the subcontractor and ORCOG within three days that the Contractor has actual
knowledge that the subcontractor is employing or contracting with an illegal alien: and
b. Terminate the subcontract with the subcontractor If within three days of receiving the
notice required pursuant to this paragraph the subcontractor does not stop employing or
contracting with the Illegal afien; except that the Contractor shall not terminate the
contract with the subcontractor If during such three days the subcontractor provides
information to establish that the subcontractor has not knowingl y employed or
contracted with an illegal alien.
Contractor shall comply with any reasonable request by the Department of Labor and
Employment made In the course of an Investigation that the Department is undertaking
pursuant to the authority established in C.R.S. § 8-17.5-102(5).
If Contractor violates a provision of this Contract required pursuant to C.R.S. § 8-17.5-102,
DRCOG may terminate the contract for breach of contract. If the contract is so terminated, the •
Contractor shall be liable for actual and consequential damages to DRCOG.
12. INTEREST OF MEMBERS OF DRCOG AND OTHERS
No officer, member, or employee of DRCOG and no members of Its governing body, and no
other public official of the governing body of the locality or localities In which the proje,;t is
situated or being carried out who exercises any functions or responsibilities in the review or
approval of the undertaking or carrying out of this project, shall participate in any decision
relating to this contract which affects his personal interest or the interest of any corporation ,
partnership, or association in which he ,s directly or indirectly interested or have any personal or
pecuniary interest, direct of indirect. In this contract or the proceeds thereof.
13. INTEREST OF THE CONTRAC TOR
No officer, member, employee or agent or the Contractor or any other person who Is authorized
to exercise any functions or responsibilities in connection with the negotiating, review or
approval of the undertaking or carrying out of any segment of the program contemplated by this
contract shall h&ve any financial or other personal interest, direct or Indirect, in this contract or
any subcontract thereunder, or in any real or personal property acquired therefore . Any parson
who shall Involuntarily acquire any such incompatible or conflicting personal Interest shall
immediately disclose his/her interest to DRCOG in writing. Thereafter (s)he shall not participate
in any action effecting the program under this contract unless DRCOG shaft have determined
that, in light of the personal Interest disclosed, the participation in such action would not be •
contrary to the public Interest.
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14. INDEMNIFICATION The Contractor 1s an 1nde:pendent conlraclor and not an employee of ORCOG. As en independent conlraclor. lhe Contractor Is not entitled lo workers' compensation benefits except as may be provided by the Contractor nor lo unemployment insurance benefils unless unemployment compensation coverage Is provided by the Contractor or some other entity. The CGntractor is obligated to pay all applicable federal and slate income lax on any moneys earned or paid pursuant lo this contract relationship. The parties agree lhat the Contraclor Is free from the direction and control of ORCOG except such control as may be required by any stale or federal statute or regulation, and thal ORCOG does nol require lhe Contractor to work
exclusively for ORCOG; does not establish a quamy standard for lhe Contractor; does not
provide training, or does not prov1de lools or benefits of performance by lhe Contractor except
through a completion schedule.
To the extent allowable by law, the Contractor shall Indemnify, save and hold harmless ORCOG.
its officers, employees and agents, against any and all claims, damages, liability and cour1
awards, Including all cosls, expenses, and attorney fees Incurred as a result or any negligent
act or omission or the Contractor, or its employees, agents, subcontractors or assignees related
lo this contract The Contractor shall include language similar lo the foregoing In any
subcontract associated with this Contract, stating that the subcontractor agrees to indemnify,
save and hold harmless ORCOG for negligent acts or omissions of the subcontractor, Its
employees, agents, subcontractors, and assignees.
15. FEDERAL REQUIREMENTS
The Contractor shall al all times dunng the execution of this rontract strictly adhere lo, and
comply wilh, all applicable federal and stale laws, and their Im plementing regulations, as they
currently exist and may hereafter be amended, which are Incorporated herein by lhis raference
as terms and conditions of this contract. The Contractor shall also require compliance wilh
these statutes and regulations in subcontract agreements associated wilh this Contract.
The Contractor agrees lo abide by and follow all applicable federal and stale guidelines when
expending any funds resulting from this contract. This includes, but is not l!mlled to, lhe
Procurement Standards sel forth In Subpart C of 0MB Circular A· 110 and the applicable
provisions ol lhe Federal Acquisition Regulation ("FAR"), together with ani• arftliticns or
supplemen ts thereto promulgated by the Funding Agency. Current regulations can be found at
htlp://www.arnel.gov/larl.
In addition, Contractor shall comply wilh the following federal laws and regulations as may be
appficable lo the project:
a. The Copeland •Anli-Kickback" Acl (18 U.S. C. 874) as supplemented in Department of
Labor regulations (29 CFR Part 3Xall contracts and subgrants for construction or repair).
b. The Davis•Bacon Acl (40 U.S.C. 276a to a•7) as supplemented by Depar1rnent or Labor
regulations (29 CFR Part SXConslructlon contracts In excess or $2,000 awarded by
grantees and subgranlees when required by Federal grant program legislation .
This Aci requires that all laborers and mechanics employed by contractors or sub-contractors to • work on construction projects financed by federal assistance must be paid wages not less than those establtshed for the locality of the project by the Secretary of Labor). a. Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by grantees and subgrantees In excess of $2,000, and In excess of $2,500 for other contracts which involve the employment of mechanics or laborers).
b. Standards, orders, or requirements issued under seclion 306 of the Clean Air Act (42
U.S.C. 1857(hj), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order
11738, and Environmental Protection Agency regulabons (40 CFR Part 15Xcontracts,
subcontracts, and subgrants or amounts in excess of $100,000).
TO THE EXTENT ALLOWABLE BY LAW, the Contractor agrees to indemnify, save and hold
harmless, DRCOG, its off1Cers, employees, agents, subcontraciors, and assignees should any
applicable regul3tions not be followed .
16.CHANGES
This contract Is subject to such modifications as may be required by changes In federal or Stele
law, or their implementing regulations. Any such required modification shall automatically be
Incorporated Into and be part of this contract on the effective date of such change as if fully set
forth herein. Except as provided above, no modification of this contract shall be effective unless •
agreed to in writing by both partles in an amendment to this contract that is property executed
and appro·,ed in accordance with applicable law.
17.GENERAL
By signing this agreement, the Contractor represents thal its organization and Its prncipals are
not suspended or debarred per Federal requirements.
This contract represents the enllre agreement between the Contractor and DRCOG, replacing
and superseding any previous contract. ora l or written, which mey have existed between the
parties relati ng to the matters set forth herein.
To the extent that this contract may be executed and performance of the obligations of the
parties may be accomplished within the intent of the contract, the terms of this contract are
severable, and should any term or provision hereof be declared invalid or become inoperalive
for any reason, such invalidity or failure shall not affect the validity of any other term or provision
hereof.
The waiver of any breach of a term , provision. or 1equirement of this contract shall not be
construed or deemed as a waiver of any subsequent breach of such term. provis1on, or
requirement, or of any other term , provision or requirement.
Notwltt standing anything herein to the contrary, the parties understand and agree that all terms
and cond itions of this contract ano the exh ibits and attachments hereto which may require •
continued performance, compllani;e r:,r effect beyond the termination date of the contract shall
survive such termination date and shall be enforceable by DRCOG as provided herein In the
event of such failure to perform or comply by Contractor.
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• 18. CERTIFICATION FOR FEDERAL -AI D CONTRACTS For contracts Iha! exceed S 100,000, Contractor. by signing this contract. certifies lo the best of its knowledge and belief: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, lo any person for influencing or attempting to influence an officer or
emp loyee of any Federal agency, a Member of Congress, an officer or employee of
Congress, or en employee of a Member of Congress ,n connection with the awarding of
any Federal loan, the entering Into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative ag reement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for Influencing or attempting to Influence an officer or Member of Congress, or
an employee of a Member of Congress In connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned sha ll complete and submit Standard
Form-LLL , "Disclosure Form to Report Lobbying," In accordance with Its instructions.
Th is certification Is a material representallon or facl upon which reliance was placed when this
transaction was made or entered Into. Submission of this certification Is a prerequisite for
making or entering Into this transaction Imposed by Section 1352, Title 31 , U.S. Code. Any
person who fails to file t'le required certification shan be subject lo a civil penalty of not less
• than $10,000 and not more than $100,000 for each such failure .
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Contractor also agrees that it shall require that the language of lhis certification be Included in
all lower tier subcontracts , which exceed $100,000 and that all such subrecipients shall certify
and disclose according ly.
IN WITNESS WHEREOF, !he parties hereto have executed this cont ract on lhe ___ day of __________ , 2009 .
By:
DENVER REGIONAL COUNCIL
OF GOVERNMENITS
Jennifer Srhaufele
"xecuttve o,rector
ATTEST
Br,
Roxie Ronsen
Administrative Officer
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CITY OF ENGLEWOOD
Br, ______ __,,-------
Jan,es IC Wo odwara
Mayor
ATTEST:
By: --,1,,-o_u_c_r~i-s-:-h-,-ia-.l\:-.--:-1::""·1-a-1-;-i-s __ _
City t:ler k
EXHIBIT A DRCOG SIGNAL EQUIPMENT PURCHASE SCOPE OF SERVICES The City of Englewood wiff purchase traffic signal equipment lor ils traffic signal system on Broadway. The equipment to be purchased and the locations for deployment consist or:
Location Equipment Estimated
Cost
Broadway end Mansfield cabinet and Controller. Fiber Optic
cable ; and, Fiber Modems
Broadwav from Mansfield to Oxford
Total Estimated Cost $21 000
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City of Englewood AGENDA ITEM 10 (a) PUBLIC HEARING ROSTER DATE: February 17, 2009 Public: Hearing to gather Input on Counc:11 Bill No. 2, authorizing amendments to
Title 16: Unified Development Code perulning to Massage Therapy.
PLEASE PRINT
NAME ADDRESS
Amcndmeni to D of the EMC related to Ma sage therapy and mas age parlor
ubmit for the record
Proof of Publication
taff Report
BACKGROUND:
Englewood Herald Feb 6, 200•J
COE website Feb 4 to Feb 16, 2,109
Recen t State legis lation passed requiring tha t all massage lherapls ts be
regis tered by the State.
Sta te legislation also prohibits licensing of therapist by local municipaliti s
Council repealed City's massage therapv licens e requiremen ts in Titl 5 EMC
Title 16 n,i rs to th e business licensing ,equi rements of Title 5 (Licensing)
TF Title 16 am ndments are necessary to coordinate with the r p .ii of the
City's massage therapy license so to comply with ne\ State standards
AM EN DM E T PROPO SED I
Definitions am.It rminology section 11-2
orre ponding am ndments in th e Use Sections 1 1-1 and 5-1 (Tab l )
Th e e ame ndm enl do no t affe ct
, where massage therapy is allowed,
• where adult uses are allowed
D al only with r ph rasing of the cl finit ion and term
I, Loucnshia A. Elhs, City Clerk, lot the City of Englewood, 00 solemnly swear that the allached legal notJCe (Notice of Public Hearing • February 17, 2009 • Council Boll No 2) was published In the
Englewood
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COUNC IL COMMUNICATION Date: Agenda Item: Su bject: February I~. 2009 10 a Title I&: Unified De, e!opment Code Amendments Pertaining to Massage Parlor and Massage Therap)' Initiated By: l Staff Sourct:
Community Development Department Tricia Langon, Senior Planner
COUNC IL COAL ANO PREVIOUS COUNC IL ACTION
Council considered proposed Title I & amendments at first rearling on February 2, 2009 and set a
Public Hearing for February 1 7, 2009.
RECOMMEND ED ACTION
Recommendation from the Communily Development Department to conside r testimony during
Public Hearing on a Bill for an Ordinance amending Title 1 & of the Englewood Municipal Code
pertaining to massa,;e parlor and massage therapy,
BACkC!lOUNO, ANALYSIS, ANO ALTERNATIVE S IDENTIFI ED
Effective April 1, 2009, th e State Department of Revenue assumes registrJt1on of all Massage
Therapists. This statewide registration supersedes E.-,glewood's licensing regulations of Tide 5:
Business and License Requirements. Council recently adopted Ordinance No. 73, Series of 2008
to repeal City licensing In order to comply with the new State requirements.
Title : 6: Unified Development Code {UDO references the repealed licensing requirements. The
proposed amendments are necessary to remove these o utdated refe rences from the UOC.
Th e Planning and Zoning Commission opened a Pubhc Hearing on lanua" "· 2009, to consJder the
proposed ~mendments to Tide 16. No members of the public \\He pres~n, to prov,de testim on\.
Following discu<sion, the Commission voted 9 to O to forward the proposed amendments to Ci!)·
Council ":th a fa,·orable recommendation for adoption.
T11e proposed amendments and their effects are list ed below:
Table H,·S-1.1 Table of Allowed Uses
Amends the listing of ·massage therapy• ,n the Table 10 massage therap1' ~-
No change to where a massage the rapy facility may operate.
16-11-1.Flb(S) (Use Oassification) and 16-11·2 (Definitions)
Deletes •massage parlor· from the use characteristics and definition Sections .
In pre, ,ous codes a massage parlor meant a place where ·adult" massage \\as performed The term is no longer necessa ry because the current code prohibits this acti, ity under the • "adult use• defini tion. No changes are proposed to Adult Use regulations. H,-11-1 .F12b(4) (U se Classiticarionl and 16-11-2 (Definitions ) Amends the term massage therap\ to massage therapy~ in the use characteristics and definition Sections, Defines the business type (massage therapy~ rather than the service massage therapy. Coordinates the business type with other retail personal services listed by business type (i.e.
dry cleaner, pho to studio),
Specifies that massage therapy Is performed by massage therapists meeting State
requirements.
Coordinates with the State licensing rlefinltlon by removing reference to Oty licensing
requirer-"""·
Identifies "lldl\ ,c-uals or establishments not considered massage therapy facilities because
they p •ion, massage the,apy under the auspices oi another qualified profession (i.e. nurse,
athleric • ainer).
FI NANC IAi IMP ACT
No financial n , ~~ , . Jntic,pated from the adoption ol th e proposed UDC amendments.
LIST Of ATTACHMENTS
Staff Repon -J 1nuary 6, 2009
Planning and Zoning Commission Minutes -January 6, 2009
Pla nning and Zoning Commiss ion Findings of Fact -January 2 1, 2009
Bill for Ordinance
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{~ T y 0 F E NGLEWOOD COMMUNI T Y D EVELOPMENT
TO :
THR U:
FROM:
OATE :
lUBJECT:
Planning and Zon ing Commission
Alan While, Director, Community De,elopmen1 f1~
Tricia Langon, Senior Planner-fC.
January 6, 2009
Case 2008-16: Amendments 10 T11le 16: Unified Development Code
Related lo the definition of Massage Therapy Facilit y
RECOMMENDATION:
Sl.lff requests that the Planning and Zo ning Commission review, take public
te,timony, and forward 10 City Council a recommendation for adoption of proposed
amendments lo Title 16: UnlOed Developmen t Code (UDC) related lo the definition
of Massage Tnerapy Facility.
BACKGROUND:
Recent~• the S1a1e enacted legi~la11on 10 lice nse Massage Therapists. The new
statewide licensing supersedes current Engle" ood Municipal Code licensing
requirements of TILie 5: Business and license Requirements . II further prohibits any
municipali ty from enacting or enforcing local ordinances that regulate the practice of
massage therapy. Council is in the process of repealing City licensing reql111emen1s
10 comply with Stale requirements .
The J n•J\ e actions requi re modifications 10 Title 16: U1110ed Development Code
regarding. Pur~uani to 16-2-6: Am endments to the Text of n1le 16 {l..f)( an\
amendment lo Tille 16 must first be considered at a public hearing beu, the
Planmng and Zoning Commission
PROPOSED AMENDMENTS AND ANALYSIS:
Proposed amendments are as follows:
Table 16-5-1.1 Table of Allowed Uses
Amend the listing of •massage therapy" to massage lherap1 ~ No
change 1s proposed 10 the zone districts in which a massage therapv facility
may operJ te.
1000 Engle"ood Park\\ay Englewood, Colorado 80110 PHONE 303-762,2342 FAX 303-783 -6895
\ll,-IP/11ltt-'0odf0¥C>rl
16-11-1.1'1 b(5) • Delete the archaic term ·massage pa•lor· from the use characteristics ol an "a-:lult entertamment or service iacilit-, •. \/\assage Parlor meant an Adult Use estal,lishment where massage. bl•! not massage therap1•. was performed 1'0 changes are proposed to Adult use regulations. 16-11-1 .Fl 2b(4 ) Amend the use dassification of massage therapy to massage therap\ ~ meaning an establishment where massage therapy is performed by massage
therapists meeting State requirements. This change ahgns massage therap\
with other retail personal service uses that are listed by business type (i.e. dr,
cleaner, photo studio I rather than the service that is provided within the
establishment.
1 6·11 -2
Delete the term "massage parlor· in the definition of "adult enterta inment or
service facility".
Delete "Massage Parlor" term and defin ition.
t\mend the definition of massage the rapy to massage therapy facility lo:
1. Coordina te with the State licensing definition by removing reference to
Clty licens ing requirements, and
2. Iden tify Individuals or establishments that are not considered massage
therapy facilities because they do not meet Stale massage therapist
ltcensing requiremen 1s or may perform massage therapy under the
auspices of another qualified profession.
ATTACHMENTS:
EXHIBIT A: Proposed Amendments
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• EXJllBlT A : Pro& Amendments Retail Sales and Ser-vice Oemalonum (Personal Service) Dry elc.mcr, drop-olJsitc r p r p r onl p r r p
p p p r I'
p
Pc,sonalcare p r p p p
Service: photognpby studio
and photo lab, upbolstay. p p p p p
Inlet• loda.mifh. tailor
Tauoo and body~piacing p p
establishment
Tcmporuy employment C C 16-5-2 .C. I I business
Pawnbmk.a p r 16-5-2 C 10
ForTSI\.
",r< 20.000 sq n. Retail uh,s. general p p P/C p p C ,r,, 20,000 sq R or
merchandise gross lcuoblc: tlom
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EX HIBIT A: Proposed Amendments 16-11-1: Use Cl3ss1ficauon,, I. Adult Use a. Ch.tr~rtensr,o Adult ~._, shall mean a use cu propmy "here the pnnc,pol use. oc a s1gmlicant or substannal •dJunct to another use or w property, 1s the sale, rental. d:spl•)' or other omnng of hve eh!eruunmcn~ dancmg or matmal which 1s d1sungu1shed or
charactmi.cd by us emphasis on depicting, e~h1b111ng, descnbmg or
relatmg 10 'specified se.tual acr,eues• or "specified ana1om1col a«as• as
the pr·m•,y nttracuon to the premises.
b. Sperijir U,e Types bamplcs include adult arcades, adult bookstore,.
aduh cabaret, adult dancmg establishment, and other s1m1lar ioc1l111cs.
mclud1ng ~1osc defined below.
(I)
(2)
(3)
{4}
(5)
(6)
Adu 11 Arcade. An establishment where, for any fonn or
consideration, one (I ) or more mouon picture proiectors, slide
projectors or similar machines, for viewmg by five (5) or fewer
persons each, arc used 10 show films, motion pictJrcs, video
casm1c~, slides or other pho1ograph1c rtproducuons which m
charac terized by ar, emphasis upon the dep1ct1on or descripti on
of 'specifi ed sexual acuvit1es" or "specified ana1om1cal areas" .
Adult Bookstore. A place where books, magazmcs, mouon
p1ctu:cs, videos, pnnts, photographs, penod,cals, recordmgs,
novclues and de,-ices, or any of these things, which have as their
pnmary or dominant theme, maner dep1cung. illusmmng.
dtscnbing or rclanng 10 specified sexual ac1111ues, arc sold,
rcnt<d or olitrcd for sale 10 adults.
Adult Cabam. A niehtclub, bar, mtaurant or s1m1lar
rstabhshrnmt which rc~larly rc:irures hve performances wh,ch
are charactenzed by the exposure or "specified anatomical areas"
or by ·specified sexual acu,,t,es,• or films, motion pictures,
-,d~o casseues, shdcs or oth<r photographic reproductions "h1ch
arc charactenzed by an emphasis u900 the dep1c11on or
dcscnpuon of •spcc,fied sexual actmucs• or ·spe.:1fied
anatomical areas•.
Adult Dancing Es1abhshmen1. A busmess that 'catures dancer,
d,splarmg or exposing "specified ana1om1cal areas·.
Adult En1cnammen1 or Service Fac1lny. An · • .lull bonks1orc,
"~ adult motion picture boo th. adult motion picture
theater. adult dancing esmbltshment, adult cabaret, or adult
arcade .
Adult Mo11on Picrure Booth. An enclosed area within on aduh
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EX HIBIT A: Propo sed Amendments (i) mouon picture theater designed or used for the \IC\\ tnG b) one {I) or t\\O f1) persons of mouon pictures which ha\'C as their pnmary or dominant theme. matters depicting. 1llustr:111ng or r,hmns to "specified se~U31 acunurs• Adull Motion Picture Theater An enclosed building. or a portton or pan of an enclos,,d building. or an open-air theater desi~'Jlcd to pemut ,1e\\1ng by patrons seated 1n au1omob1ks, used for presenting on • regular basis. film mateml "h1ch has as Its pnmary or dominant theme, mailers depiwng, 11lustrattng or
relating to "specified sexual acu-,ues· for obscrvauon by •~ult
patrons thereof, and includes any hotel or motel, boardi~g house,
rooming house, or other lodgmg for trans,ent customers.
Reta,! Sales and Scr\'icc (Personal Sm·ice).
Characteristics. Retail estabhshments engaged m the provision of
mformatlonal, ms1ruc11nnal, personal improvement , personal care, and
similar services, such as portrait shops, photography studios, art and
music schools, licensed massage therapists, driving schools. riding
ccademies, hea lth ond fitness studios, handicraft or hobby ms1ruc11on,
laundry and dry-cleaning re1ail outlets, portrait/photographic studios,
beauty and barber shops, shoe repair, and tailor/alterations shops
Accessory uses may includ e offices, storage of goods, manufacture or
repackaging of goods for on-s11e sale, and parlang.
b. Specific Use Types Tlus ca tegory includes the follo"ing use ~s:
{I) Crematorium. A smice establishment containing properly
installed, cemfied apparatus intended for. or used for, the act of
crcnuu~m.
(2) Ory Cleaner, Drop-Off Sne Only. An estabhshment or busmess
rnamtained for the pickup and delivery of dry cleanmg andior
bundr)• ,.,thout the mamtenanc~ or operation of any laundry or
dry-cleaning equipment or machinery on the pre!nlsts.
(3) !lnstrucuonal Sm1ce. A spcciahud mstrucuonal estabhshment
that prov,des on-sue trammg of bU5incss. art1s11c, or commercial
skills. Examples mclude dnv,ng schools, dance, music, and
computer instrucuonal sm,ces.
(4) Mamge Therapy UWIX· -' fu,h1i• 1ha1 is An c;sJ•bh•brn•lll
operated for the purpose of massage therapy pcrfom1ed solely bv
massage therapists who are licensed er qwalilied in accordance
wuh ~lffBlhlftHfle Colorad o statutes. A-'illo~t1e111py
file,hl)" dees 1101 i•el•de a "ma;~llflet,!!,
(5) Mortu~ry. A bu,ldmg used for the preparation of the deceased
for burial and the display of the deceased, and ceremonies
EXHIBIT A: Proposed . .\mendmen1s J t6) eoi;ncc1ed them,nh before buml or cremation Perwn3I Care Personal scl\1ce embhshmenl cn~•~•d pnmun ly 1n 1hc pr0\'1s1on of personal 1mpro\'emen1, personal care, and s1m1lar <CT\1c:s su,h as beautyb:lrbcr shops and na,I ,:,Ions 1-1 Sm·1cc: Pho1ograph)' S1ud10 nnd Photo Lab. Uphols1e1,. Printer, Lock;m11h, Tailor. Est:1blishmcn1S engaged 1n 1he pro,·1s1on ol ,nfonnauonal, 1rutnm1onal. personal 1mprovcmcn1, and s,m1l:u-sm1ces, such as portran shops, pho1ogr:iphy stud101. shoe rcpn1r,
1nd 1ailor 'aherauons shops
(S\ rauoo and Bod)'•P1cmng Es1abhshmcn1. Any corporat10~,
;mpany, pannersh1p, or 1nd1vidual thnt offers or performs
'tttoomg or body p,crcmg for any fee , charge, or remuneration of
,y kind For the p111J>Ose> of lhts Tnle, this docs not include
stabhshmcnts performing c•r p1:mng as an 1n-iden1al service
10 1he pennmed principal use .
l>J Temporary Employmcni Business. Any person, finn.
pormersh,p, assoc,auon or corporauon 1ha1 maintains a central
)Qcntion where day laborers assemble and are dispatched 10 \\"Ork
for a 1hird-pany user.
I b-11-2: Dcfinillon of \Vords, Terms, and Phrases
. Mult £mer1a111,...m1 o· Scmcc Faci/11) • A specific type ofmduh use. An aduh bookstore, n11ma.,, pa,lef,
aduh motion p1crure I:, 1th, aduh n1011on picture theater, aduh dancing es1abhshmen1, aduh cabaret, or
aduh arcade. See defimuon of"Aduh L1se".
Massage. Any method of pressure on or fncuon agatnst or sirok,ng, kneading, rubbing, tapping,
pounding, v1bra11ng or s11mulatmg of lh• ex1cmal soft pans of the body w11h the hands or other pam of
the hum,n body ~r w11h the aid of any mechanical or elc:emcal app.1ratu! or •rphance, "nh or w1thou1
such scpplcmcnury aids as rubbing alcohol, hmmrnis, an11scp11cs, oils, )'O\\dcr, creams, l011ons,
u,ntments or 01hcr similar preparations used in this practice.
M .. ;"~" ,O,o l.J, .'.11y <,la~h,All'.el~~lton e11ga,.e, 111,
••ffl<, dl1, 01 rem,11!, 10 1,e eagaged -med-&tH~~~i-lv.:
"'1~~
t.\) Ph! 51e11115. •~•gee11,, dt>ele,;. meJ,eal el,11,e, er """""s he,11sed b) the la•,. ar1he S1a1~
~ med,0111e, sur-i;ery, est<epe!lt~'-'ltvren<l-el!trOJ)08Y:-lh~~n<I
~~~.\imes-;,ntl,r the,r supem,1e11 aed
~-
i-Bt--~~~lljMO)'ed by lllSIKU\lefl'Hll~~1ee~~
~hilf-jl<!rfoFl11iAg Ihm usual 8"111!5 "'IIR!A 1he-hesp1tal er IIISIIMIOA •O
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[l)j EXIIIBIT A: Proposed Amendm cnls B<oH!l<1a1~fb<f,,..dul;-lt,,e;eJ ""J,r ;he la", e( :he S1a1C. m;o}fJF--iri-1~ enJ-er-dH1a~ _,J-,,,.,fes,rna. a; de1i~~--,-,a; fft----M~rr-an,,:..a er 11n,ue1ed 1.; 11,e a1hle11e Je:--Hlfl;-Siaie aeeredu,d ;eheel, ~~ ~i'!HAefS-OHl~tl!lHet!f~tooa~ess!OO&H!lhl~1hl•11e 1eem, •··hen fffai+A~ ,\!ly be11e Hae e1hleue club 1hat ,s ROI engaged m 1l,a prneuee of re ndeF,n g messages 10
members of 1he geaernl paelie for "'"""eR11ioa . Fer th e pm']loses ef 1h1: T,tle, ,f BR
~~hell--ien pereem (10•~ efns g,eess meeme--frem--!he
prneuee efr,adermg ma5seges tens memil e,s, such sllell ee pnm a faeie e··id eaee tha t 1he
club is a beaa fide e1hleue elub .
Massage Therapy ~-A specific rypc of retad sale s and service {pe rsonal sc rnee) use . -~ faei hl'.,' that
tS An estabhshment operated for the purpo se of mass age therapy perfonned solely by massage therapists
who are hccnsed ~ in accordance wnh Giiy ,e gula\leA, eae Colorado statuics . A "mas s
therapy faci lity" dees sllilJJ no t include; ~HIH-Sflles IIR~ sef··1~,
(~efSBRal sep·iee)".
(Al
(8)
Physjcrnps surgeons doctors medical chQiwr:,oo~ons,litcnsed,b'LlhururuuhUim
to nractice m£dicine41,l[gro' os1sonathY chiropractic.and,,.thiroPodv thciuf.ficcs_and
clmic& nod all ueaon& working,JIL1hcir offices.and clmicum,ckuhgr sunervisioo and
~
Hosllitals,,a nd,,a ll person, emptoml,,by jnstjtutjons and cs 1abljshments I 1censed ~
SJa1us.h0pu j13J,.;\'.hils; nerfoqnmg thc.1r ,irual d,µtu;s wjJhin the hosmtaJ or jnstitll)jl))Ug
~
f.C~llistcrcd or hcenscd nurm oerforminum:i~un.Jhm usualnursjng Jlit~s;
cm.. .wos and barbers dulv ljcensed undi;ub·Jaws or 1hc SliJJt.,msoi:lwiwhcjr Y5Yi1 1
(f)
and ordmnry vocaqonand _profm,gn aLJlwiml by theJaws,o[1he S1:u.e, arc,ronc cme,d:
· rofes;;ional or PLokss1onqJ Ptblm or athlcuc u:anuvbrn
Am:J1!lfl~J}d; ath)cuc cluluhill,.lSJlQLCng e.d 1 1h p_.rni itcLll.!:wi dcn.!l.fUlli! a
mi:mhm 0( the genwl.Jiubhc for rcmunerauon , For tb\:..l!lllll'™ of 1lm..Il.ll>...iuo
athlrnc cluh..dw.n01.rmus mt!rUhan Jen o~ccn1.illl.'.fil.~ ,m;ornui;om.tb~
ccac uce ofrcndcang Wilmges to mme~c.h.s,lwl.l2,~c cy~ha\.lbs
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P1-v.,:1; .inrJ lonir:J Comff'JU1,1n Publ,. Hc:mn, C:ae c100:-• 16-\1J\\JJ'C Ther.1r,~ J~u .. : 6.~00'> PorclofS CITY OF ENGLEWOOD PLANNING AND ZONIN G COMMISSION REG U LAR MEETING Janua ry 6, 2009 I. CALL TO ORDER fl)
The regular meeung or the Ci t\ Planning and Zoning Commission "as called to order at
7 05 p,m. in the Counol Chambers of the En!Jlewood Cl~ic Center, Chair Bleile presiding.
Present·
Abstnt:
Bleile, Roth, King \'\ elker, Calonder, Krieger, Knoth, foh, Bnck
None
Staff:
II.
Tricia Langon, Senior Planner
Nancy Reid, Assis tan t City Atto rney
APP ROVAL OF M INUTES
Decem ber 2, 2008 e
Ms. Krieger moved:
Mr. Knoth seconded: TO APPROVE THE DECEMBER 2, 2008 MINUTES
Chair Bleile asked If there were an\ modificat,ons or corrections.
There were none.
AYES.
NA\'S:
Bl eile, Roth. Welker. Krieger Calonder, Kno th, Fish, King. Brick
None
ABSTAI'-=: None
ABSEl\'T None
Motion ca rried
Ill. PUBLIC HEARING
CASE #2008-16 -Amendments to the u niform Dev clopmenl Code Re garding
Ma ssagf' Therap y
Ms. Krieger moved:
Mr. Kno1h seconded· THE PUBLIC HEARING ON CASE #2008-16 BE OPENED
A\'ES :
NAYS:
Bleile, Bric k, Knoth, Ro th, Welker, King, Kri ege r, c ; •nder, Fish
None
P . ..:-.::1r.i:, .wJ Z ",:r.; C ,,1nrt-""°'lf' P .. -,,1 .. lt:.~nn, C..st' •~00!-16 -~tJ\,;igc rn~ur~ J~,u:u: 6. Z<IO'J i' .. i'! ~ ,f 5 ABST ">Ir-.: ,,one ABSE'-T· :>.one "\OIIOll t Jrr ied. J\\s. Langon. Senior Planner, was morn in She stated for the Commission's consideration tornght 1s CASE /:2008-16 : Amendments to the lmll1ed Development Code oi the
Englewood Municipa l Code pertain in g to Massage Therapy. The Amendme nt s are designeJ
to coordinate with recent State of Colorado legislation Alread~ submitt,d for the record
are the Staff Report and proof of publicallon that the hearing was published in both the
Englewood Herald o n Dece'l1bN 19, 2008 and on the Eriglewood web site from December
11,2008to)anua~·5. 2009
Communitv Developme nt reques ts tha t the Comm ission review, take public testimony, ard
fomard to Cit, Council a recommendation for approval or the proposed Amendments. The
State of Colorado, in the Interest of public health, safety and welfare, enacted legislation
requiring State registration of maisage the1apist s. They 11011 are required to complete
course work and clinical work. pass an exam and undergo a criminal histo ry record check.
The State legislature also requires that no City and County or oth?r political subdivision of
this State sh all enJct or enforce any local o rdinance that regula tes the practice or the
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profession of massage therapy. The Ci ty had a licensing section unde r Tit le 5, Business and •
licenses, and that portion of the Code was repealed to meet the State's requiremenL
Because th at sectio n of the Code is no longer valid the referer,ces to it in Title 16, the
Zoning Ordinance, a1 '.l have to be amended. That refere nce is being removed as well as
general clean-up \\Ork \\ithm the Code.
Ms . Langon referenced Exhib it A or the mee ting packet.
In Section 16-11-2 under Definition of\o\'ords, Terms, Jnd Phrases changes include:
The term and definition of "massage parlor" has been deleted .
2 The definition of massage therap\ has been changed to massage therap\
facility to coC1rdi:late with the State registratio n definition by removing
reference to C:ty licensmg requirements, and identif\ 111div1duals or
estabhshments that are not considere-' massage therapy facihties because
thev do not meet State massage therapist registration requirements c,r may
perform massage therapy unuer the auspices of another qualified prC'fcssio n.
In Section 16-11-l.F12b(5), Use Classificauons, m·•ssage parlor has been delet ed irom the
Adult Enter tainment or Service radlity category. It is no longer a vali d term. As a note she
stated nothing is being chanfed for Adult Entertainment or Adult Service Facilitv. That is not
part or this Ordinance change. •
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l'...:.mnt ~141 L,n1n&, Cornm1\;1on 1•.,.,i; .. lle~ni C.a\:-"100S· l h-\IJ.)~l$e Th~1.1r~ J.inu,m6.W(W PoiJC \ t'II In Sec11on 16-11-1.Flb 4 Lse Classii1ca11011s, .\\,mage Therap, 1s being amended 10 Massage Therap, Facilil\ 11 '"II mean a iac1h1, ,,here massage is pen·ormed b, a 1herap1s1 meeung the Stale requ,remenls rather than the Cit\ requirements This change aligns massage therapy with all the Retail Sales and Sen ,ce (Persona l Service I uses 111 the Code. The final amendment is to 16-5-1 1 Table of Allowed Uses. Under the Lse calegor) the listing of massage therap" 1s changed to mas~ase 1herap1 facilit\ to coordinate the terms
and 10 meet the Stale mandates.
Ms. Langon offe red to answer an)' questions the Commissioner's migh t ha, e.
Mr. Welker said home occupa tions are no l addressed. Is 1hat because It is 1101 al101Ved1 Ms.
Langon said the Gty does allo1, massage apy as a home occupation in all d1Wicts
except R-1 •A. Ms. Krieger asked why ii is no, then listed as an allo" ed use in all districts
She asked if a facifily is d1fieren1 than the occupation. Ms. Langon said yes, a home
occupa11on is 1101 a facility.
Mr. Welker as ketl if ~ traveling massage therapist is an all owed use . Ms. Langon stated it is.
Ms. Krieger asked ii ii is stated in the Code that it is an allowed home ocrupation. Ms.
Langon said no. because ii is an allowed use. Under the general categof) of home
occupahon there is a list of home occupations that are nol permiued. Whal is not allowed
is listed In the Code rather than \\hat is allowed. Ms. Krieger sta ted she u nders tood.
Mr. Roth asked if the definition oi massage parlor being deleted had any a:iec1 ..... he slated
he assumes there are none In the City. Ms Langon said such parlors are not listed as a u~.
within the UDC, therefore they would not be allowed. not 10 mention 1he crill'·•-al activities
that would be associated with them.
Mr. Fish asked if the Slate registra ti on process is in place, Ms. Langon stated it goes into
effect on April I, 2009. Mr. Fish said as of 1od~1 all of the people 1ha1 do this are licensed
through the Cit\', Ms. Langon stated 1ha1 was correct.
Cha,r Bleile stated let the record reflect the fact there is no pubh c in auendance
l\\r, Fish moved:
Mr Roth seconded: Tl IE PUBLIC HEARING O:--CASE #1008-16 BE CLOSED
AYES
NAYS
ABSTAIN :
Bleile, Brick t-noth, Roth, \\'elker, King. Krieger, Calonder, Fish
None
No11e
ABSENT , None
Mo1io11 cMried
Plunr.:ni .ind Zor.:nJ Comm.u1oa Pubhc Hc;arms-Ca., •'.00.-16 -\l.u,re Tht,-.p) hr.i.~6.~ Pat,hf S Mr. Knoth moved : Mr. \\'elker seconded CASE #1008-16, A.\IE/\DMENTS TO TITLE 16: UNIFIED DEVELOPMENT CODE o r THE ENGLEWOOD M/.JNICIPAL CODE RELATED TO MASSAGE THEREAPY, BE RcCOMMENDED FOR APPROVAL TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION FOR ADOPTION.
Ms. Kneger slated she believes ii is m the best interest of the Cny 10 keep the Code current
and in lin~ "ith State regulations . Chair Bleile agreed.
AYES:
NAYS:
Bleile, Bnck. Knoth, Roth, Welker, King, Calonder, Krieger, Rsh
None
ABSTAIN: None
ABSENT: None
Motion carried.
IV. PUBLIC FORUM
The,e was no public in allendance.
V. DIRECTOR'S CHOICE
Directo r White was nol present
VI. STAFF'S CHOICE
fJl
Ms. Lango, r resented an update on futu re meetings ;
Jan u.,ry ~ 1 "; (Wednesday) Medical District Small Area Plan disc u;sion by Jo hn
Voboril ~nd a prep session for the meeting with City Counci l on
February ~ •.
Fe bruary 2"''· {Monday) Joint Stud\ Session 1\llh City Council
Februa,; 3" Cancelled due 10 Commission meeung w11h City Counci l en Monda\.
Februa,; 2""
Februa ,;· 18~. f\Vednesda1 Election of Oflicers
Ms Lango n anc! Ms Re id updated the Commissione1s on the Hard Surfa ce Amendm en ts.
VII . ATi'Oi,NEV'S CMO ICE
fJl
Ms . Reid had nothing fur ther to report
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• r1;uw.~~ ar...: Zorur., Co::-.:mu,.,,r. Pu.."li, He>nr.f C~ •~OOS-lt,-\1,1-"'lt: Tht~ .. r,) )).'\UM), 6. :009 Pagel of S VII I. COMM ISS IONER'S CHO ICE ~ Mr. Brick noted he had breakfast at Breakfast on Broadwa, recent!) md 11 was , ery good He said this 1s the I\ pe of business ,,e are ti) ing to attract to [nglewood. He urged e,e" one to stop by the restaurant. The meeting adjourned at 7:35 p.m.
• CITY OF ENG LEWOOD PLA NING A D ZONING COMM I SSI ON IN THE M.\TTER Of CASE #2008-16, FINDINGS OF FACT, CONCLUSIONS AND RECO M MENDATIONS RELATI NG TO THE UNIFIED DEVELOPMENT CODE MASS .\GE TH EREAPY AMENDMENTS
I N ITI A rm BY:
Community Development Departmenl
1 ODO Englewood Parlway
Englewood, CO 80110
FI N DINGS OF FACT AN D CONCLUSIONS O F THE CITY PLANNING AND ZONI\/G COMMI SS ION
Commission Members Presen t· Bleile, Krieger, Calender, Br ick. King. i..noth, Roth,
Welker Fish
Commiss ion Members Absent. one
This mailer was heard beiore the Ci~ Planning and Zoning Commission on )anuar1• 6,
2009 111 tlie City Council Chambers or the Ent:IP\rnod Ci,ic Center
• Tes timony was receh ed from staff. The Com mission received notice of Pub lic Hearing, the
Staff Report and a copy of the proposed amendments to Title 16 Unified De,elopment
Code which "ere mcorporated into and made a part or the record of the Public Hearing.
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Alter conside ri ng the stateme•)ts or th e wu,1ess. and reviewing th e pertin ent documents,
the members of the Citv Planning and z,n1:,g Commission made the following Findings
and Conclusions
FINDINGS OF FACT
THAT the Public Heanng on the Lnified De1 elopment Code Massage Therap\
Facilit\ Amendments w,11 brought before the Planning Commission b1 tl1e
Depa rtm ent of Community De1elopm ent. a department of th ~ Ci ty oi Engl ewood.
2 TH AT nouce oi the Public Hearing ,,as published ,. Fnglewood Herald on
December 19, 2008 ,rnd was on the [ngle\\ood 11el, ''"' from DecemhN 11 2008
10 )JllUar\ 5, 2009
l THAT the Stan report was madt> p.1r1 of the record .
THAT th e State r ecentl, ~nacted les1slat1011 to register massage therapists
5. THAT lht! ne,, stJte\\ide registrauon supersedes currenl Engle"ood Munoc1pal Code hcensmg reGuirements of TIiie 5: Business and License Requiremenls 6 THAT the amendmen1s are designed to pro, ,.le cons1s1enC\ to Title 5 and Title 16 of the Engle\\ood \/lumcipal Code and 1he Sta:e regt1lations. CONCLUSIONS
1. THAT the Public Hearing on 1he Unified Developmenl Code Massage Therapy
Fac1l11v Amendments was brough1 before the Planning Commission b\ the
Department of Communil\ Deve lopme nt. a deoartmenl of the GI\' of Englewood.
2. THAT notice of the Publi c Hearing was pubhshed in 1he Englewood Heral d on
December 19, 2008 and was on the Englewood web si te from December 11, 2008
10 )anuar\ 5, ~009.
3. THAT the Stale recently enacted legis lation to reg ister massage thera pists,
4. THAT the new statewide regis tration supersedes current Englewood Municipal
Code licensing requirements of Title 5: Business and License Requirements.
5. THAT the amendments are designed to provide consistency to Title S and Title I 6 of
the Englewood Municipal Code and the State regulations.
6 THAT It is in th e best interesl of the C11y to keep the Code current and In line with
State regula tions
7. THAT the previousl1· discussed amendments be forwarded to City Council.
DEC ISION
THEREFO RE, 11 1s the decision 01 the City Planning and Zomng Commission that Case
;2008-16 U111iied Development Code Massage Therapy Faciht) Amendments should be
referred to 11 e Cll\ Council "1th a iavorable recommendation.
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me dem1on \\JS reached upon a \Ote on a motion madt• Jt the meeung of the Ctt\ Plannmg and Zoning Commission on JanuJr\ 6, ~009, b\ ,\Ir, f..noth , seco nded b1 Mr \Ve l~er, which motron st.lies:
A\'ES.
NAYS:
ABST4-IN:
ABSENT :
CASE =2008-16. AM£1\D.\IF\TS TO TITLE 16. U,\Jr/EO DEVELOP,\1£1\ 7 CODE OF THE ENGLEWOOD MUl\'IC/PAL CODE RELATED TO MASS'\CE THEREAP't, BE RECO\1ME"DED FOR •\PPROVAL TO cm COU'-CIL \\ITH A FAVORABLE RECOMME1\'DATION FOR ADO!'TIO~.
Bleile, Brick, f..noth, Roth, \\elker f..ing Calonder, Krieger. Fish
1\'one
None
None
Motion rirri ed.
rnese Findings and Conclusions are effective as oi the meeting on Janual) 6. 2009.
BY ORDER OF THE cm PlANNING & ZONING COMMISSION
c~,d/1=
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ORDINANCE :SO SERIES OF2009 BY AUTHORm· A BILL FOR COUNCIL BIL L NO ! 11\TRODUCED DY COUNCIL MEMBER ____ _ AN ORD INANCE AMEND ING TITLE 16, CHAPTERS 5 AND 11. OF TH E ENGLEWOOD MUNICIPAL CODE PERTAINING TO MASSAG E PARLOR AND MASSAGE THERAPY .
WHEREAS, the State of Colorado has declared 1ha1 the regis1rn1ion of massage 1hmp1s1S is a
man er of stateuidc concern and has adopted rcquircme,m for the sta1euide rcg,s1ra11c n of massage
lh<rapists; and
WHEREAS. this legislation pre-cmpts the City ordinances licensing massage 1hcrap1S1s; and
WHEREAS. this Ordinance ,s necessary 10 coorduunc the State regulation ond remaining Citr
regulations concerning massage therapists;
NOW, THERE FORE, BE IT ORDAINED BY TH E CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLO WS:
~. The City Council of the C11y ofEnglewood, Colorado hereby au1horizc:s amend ing
Title 16, Chapter 5, Section l(C), "Table of Allowed Uses" of the Englewood Municipal Code
2000, to read as follows:
16-S-l : Table of Allo\\ed Uses.
Table 16-5-1.1 below SClS fonh the catcgoncs and types of uses allowed w11h1n the respc,:11,e
zoning distriru.
I EDITORS NOTE: Onl)' the Co mm ercia l Use Sectiou of th e T•ble of Allowed Um is
amended ••d the Residenti al, Publlc/lnslitutioo •I, Manuf1c1uring/l ndus1rl1I, Accessory,
Tempo ra ry and Nol Ment io ned Usri arc unchange d •nd arc not Included hero.I
1
C. Table of Allowrd Uses. -p = PERMITTED USEC -CONDrTIONAL use A • ACCESSORY USE T--reMPORARY USE L-LIMITED USE C-A • ACCESSORY USE APPROVED CONDmONALL Y l,-A • ACCESSORY USE APPROVED WITH LIMITED USE PROCEDURE I!! , ,_ I R•H •• 1111111 1111 1 -COMMERCIAL USE.S
Ad ul t Use All cypaatckfla~ p p 16-S-2.C.I I.a C laapter 16-1 1
G r eealloa1e/
Agricaltaral U1e aanery, ralJia& of p p 16-S-2.C.2 pl■au, flowen, or
a a nery ste<k
AJllmal olllelter p p
KeaaeUd■y care L p p
Aai-■I S■Jesud
Service Pd sto.-e (live p p p p p
aal-■J ale)
Small u.laal C p p vdttlury lloJplta l L p
or~
• • •
Mstmbly ball or audllorlum, hall p p C p p rtnl•I for mttlinis ,usembty or social ocuslons llkmbt-nhlp orpnlulio o p p C p p (ucluding aduh Ust) lk~odt ol<art lk~dca l Cart ccoltliltts IUn 2◄-C C C C C p p p p C 16-S-2.C.7 ho ur cart., ••Y •J:e)
Amus cmcnl C C C C C
cstablilhmcnl
Physical Olness p r r r r
Entc rtainm.eo t/ ccnl c r /spa
Amusement: Indoor T bealer a nd
pe rformance/ r r r concert vcnut, not p r
i nclu ding a duh
entffl1lnn.1ent
Enl ert-.inmco t/ General outdoor C <: Amuseo1e.ot: Outdoor rtcre:ation C
C b tc:k cash in g p r r facillly t-·101nd a l i ni titut:ion, p p Fina ndaJ Institution will, d rlve-l h ro u g b L .scrvkc Fina ncial Institutio n, p r p wllh o ul drive-p p lhrou ;:h scrvi« Drt,.pub p p p p r Caltrtr p p p
l\lltrobrowcry
p p p
Food iiid BcVtl'aj!f Res11 unot, bar.
Sc.rvice r1ve-rn w ith o r p p p p r
w itbo ul outdoor
o pt rallo n s
R os1a urant, w llb p p
d rive-I hroug b L
stn-it-t: I -
Take oul and p r
I dollnr y only --·
Clinic r p p p p llealth treatmi,nt p p p MedkaVSdeotilie facility Service p p H ospital p p Laboratory (d e nial, p p p p p p medkal o r o ptical) Office, type I p p p p p
Offie~
(general)
om-,e, type 2 p p p p p p p
16-5-2.C.8 (limited)
P -PERMTITE.D USEC= CONDmONAL USE A = ACCESSORY USE T-TEMPORARY USE L-LIMITED USE C-A • ACCESSORY USE APPROVED CXJNDmONALL y L-A -ACCESSORY USE APPROVED wrrn LIMITED USE PROCEDURE = Retail Sales and
~ersooal
Service)
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Crematorium
Dfy cleaner, drop-off
site ooly
lnstructioaal service
Massage therapy
~
Mortuary
Penooalcue
~cc: photography
upholstery, printer,
11 11 111111 11 C
p p p p p
p p p p
p p p p p
p
p p p p p
p p p p p
• •
locksmith, tailor Tauoo and body-r r picn:ing establishment Temporary C C employment business 16-5-2.C.I I Eq~ipment rental L p p Retail Sales and Service (Repair and Rental) Repair shop (no, r p r p r including auto)
Retail Sales and
Service (Sa les) Antique store p p p r r
Art gallery p p p p r
Auclion house r p p
Buy-back shop. p p
second hand. thrin. I'
consignmen t
Convenience store p p I' r
Grocery/specialty food p r r p p
store
Internet Sales p p p
Location
Liquor siore p p p p p Pawnbroker p p p 16-5-2.C .1 o ForTSA. Retail sales. general p p P/C p p P if<• 20.000 sq. fl .• men:handisc C if> 20.000 sq. fl. or 1_1ross lcasahlc floor area School Trade o r business p p school C p p 16-5-2.C .12 Radio/television p p
S1 udio broadcasting s ludio. p
recording/film studio
Vehicle and Aulomobile p
Equipmenl pawnbroker
p I' 16-5 -2 .C .I0
Automotive sa les, L rental
p r 16-5-2.C .3
Automo1ivc service p I'
and repair, including
body or fender work
Automotive service
and repair, nol L p r 16-5-2.C .4
including body o r
render won:
Automotive service p r stalion (gasoline L 16-5-2 .C .5
focility)
Car wash. aulo I L L L 16-5-2. ·.6 : 16-5-2 .C.4 detailing Commercial 1oragcof p p 16-5-2.C.3 operable vehicles Fuel dispensin11 L p p Parong facility. structure (opcroblc C C L L C p p 16-S-2.CJ vch1clcs), principal use Parking . ren. surfocc p I' (operable vehicles). C L L C 16-5-2.<.:.9 ; 16-S-2.C .3
principal use
Rccrcationol vehicles p p and boats. sales or l.
renu,I
Bed and brcnkfnst p
Visi tor lintel p p
Accommodalion I'
l lotcl. Extended Stoy p
Wholesale Sales and distribution p p
Sc-uon 2. The Cny Council of the Cny of Englewood. Colorado bcrcb)' authonzes amendmg Title 16. Chapter 11. Section I. Subsection F. Pnrugraphs I and 11. of the Englewood Municipal Code • 2000, to read as follows : 16-11-1: Use Classifications. !EDITO RS NOT E: Parag raph s A through E are un changed and arc therefore not Included here) F. Commcrc,al Uses.
I. Adult Use.
a. Characteristit:s. Adult usc shall mean a use of propcny where the principal use, or a
significant or subswuial adJunct 10 another usc of the propcny. is the sale, r:ntal,
display or other offering of live cntenainment, dancing or material which is
di stinguished or characterized by its emphasis on depicting, exhibiting. describing or
relating 10 "specified sexual nctivities" or "specified anatomical areas" as the primary
attne1ion to the premises.
b. Specific Use Types. faamplcs include adult arcades, adult bookstores, adult cabaret,
adult dancing establ ishment, and othe• similar facilities, including those defined below.
(I) Adult An:ade. An CS1Ablishmcnt where, (or any form of consideration. one (I) or
more motion picture projeaors. slide projectors or similar machines, for viewing
by five (S) or fewer persons each. arc used to show films, motion pictures, video
cassettes. slides or other photographic reproductions which are characterized by
an emphasis upon the dcpiClion or description of "specified sexual activities" or
"specified anatomical areas·•.
(2) Adult Bookstore. A place where books, magazines. motion pictures, videos,
prints. photographs, periodicals, recordings, novelties and devices, or any of these
things, which have as their primary or dominant theme, matter depicting.
illustrating. describing or relating to 5J>«ified sexual activities, arc sold, rented or
offered for sale to adults.
(3) Ad ult Cabaret. A nightclub, bar, restaurant or similar establishment which
regularly features live performances which arc characterized by the exposure of
"specified &N>tomical areas• or by •specified sexual activities,• or films, motion
pictures, video cassettes. si,des or other photographic reproductions which arc
c haracterized by an emphasis upon the depiction or description of "specified
sexual ac tivities" or "specified anatomical areas".
(4) Adult Oanctng Establishment. A business that features dancers displaying or
exposing "specified anatom1e,,,l areas•.
(5) Adult Entcnainment or Service Facility. An adult bookstore. 111856lltll par. 'f, adu 't
motion picture booth. adult mouon p1ctun: theater, ddult dancing cstabli~nt cnt,
adult cabaret. or adult arcade .
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16) Adult Mo11on P1c1ure Booth . An enclosed area wnh,n an adult motion p1c1urc lhca1er designed or used for 1hc ne.<1ng hy one (I) or two(~) persons of mo11on pictures which have as their pnmary or dominant theme, numcrs dep1c11ng. illus1ra1ing or rela1ing 10 "speciried sexual activities". (7) Aduh Motion Pic1urc Thca1er. An enclo;ed building. or a ponion or pan ofan enclosed building, or an open-air theater designed 10 permit viewing by patrons seated in au1omobiles, used for presenting on a regular basis. film material which bas as its pnmary or dominant ·heme. mailers dep,cung. illustrating or rela11ng 10 "spcciricd sexual activities" for observauon by aduh patrons thereof. and includes
any hotel or motel, boarding house. rooming house, or other lodgini; for 1mnsien1
customers.
(E DITORS NOTE: Paragraphs F2 t hrough Fl I an unchanged and ar e therefore not
included here(
12. Retail Sales and Service (Personal Sm~cc).
a. Characr,risrlcs. Retail es1ablishrncn1s engaged in lhe pro,ision of informational,
instructional. personal improvement, personal care, and similar services. such as portrail
shops, photography studios. an and music schools, licensed massage therapists, driving
schools, riding academics. health and fitness Sludios, handicraft or hobby instruction.
laundry and dry-dcanina retail outlets, ponrait/photographic studios, beauty and barber
shops, shoe repai r, and tailor/alterations shops. Accessory uses may include offices,
storage of goods, manufacture or repackaging of goods for on-sile sale. and parking .
b. Specific Use Types . This category includes the following use types:
(I) Crematorium. A service establishment containing properly installed. ccnilied
apparatus intended for, or used for, the ae1 of cremation.
(2) Dry Cleaner, Drop-Off Site Only. An establishment or busil ,s maintained for the
pickup and delive1y of dry cleaning and/or laundry without the maintenance or
operation of any laundry or dry-cleaning equipment or machinery on the premises.
(3) Instructional Service. A specialized in..1ructional establishment that provides on-
site iraining of business, an1stic, or commercial skills. Examples include drhiog
schools, dance. music. and computer instructional services.
(~) Massage Therapy~-A feeility 1he1 is An egnblishmen1 operated for the
purpose of massaae therapy performed solely by rnassagt therapists who arc
licensed~ in accordance with C11i· ,agYlatior,;;, a\! Colorado statutes. A
11HW1ssege 1heFOp~ faeilil~ .. del!i HBl inelwde o "e asso~e pa 1e,A
(5) Monuary. A building used for the preparation of the deceased for burial and the
display of the deceased, and ceremonies connected 1herewith before burfol or
cnmation .
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(6) Person:tl Cnrc. Personnl ser. 1cc cstnbhshment engaged pnm:mly ,n the pro,·is1on 'lf pcrsonnl 1mprm·cmc111. personal cnrc, nnd si milnr sCr\'ICCl'. such as beau1y'bnrbcr shops and nni I sa lons. (7) Scn,ce: Photography StuJ10 ond Photo Lab. Upholstery, Pnn1er. Locksmut. Tailor Es1abhsh:nents engn,ged m the pro,·ision of mformn1ionnl. inslrucuonal, personal impro"cmem, and s im ilar services, such as ponrai 1 shops, pho1ography s1 udios, shoe repair. and 1nilor1alterations shops. (8) Tattoo and Body-Picn:ing Establishment. Anycorporatton, company. partnership.
or individual that offm or perfonns 1attoomg or body piercing for any fee,
charge. or rcmunera1ion of any kind. For 1he purpos~. of 1his Ti1le, 1ltis docs no1
include es1nblishments performing car piercing as an incidental service lo the
permitted principal USC.
(9) Temporary Employmen1 Business. Any person. fim1. pnnnership, associa1ion or
corporal ion that mni111ains ~ cemral loca1ion where day laborers assemble and are
dispa1chcd 10 work for a th1rd-pany user .
Section 3. The City Council of the Cil)' of Englewood. Col-,rado hereby authonzcs amending
Title 16, Chapter 11, Section 2. of the Englewood Muni cipal Code 2000, 10 read as follows:
16-11-2: Definition of Words, Terms, aod Phrases.
A. Undefined Terms. For words, terms. and phrases u$Cd in this Title 1hat arc 1101 defined below.
or elsewhere in 1his Ti1le, the Chy Manager or designec shall 1merprct or define such words.
lenns, and phrases, In making such intc,:pre1ations or dcfini1ions. !he Cily Manager or
dcsignec may consul! secondary sources related to !he planning profession for 1echnical
words. 1crms and phrases. includin& bu1 001 limucd to: A Glossary of Zonini;. Development,
and Planning Tenn.<· Planning Advisory Service Repon 4911492. edi1ed by Michael Davidson
and Fay Dolnick (American PlaMing Associa1ion. Chicago. Ill. 1999): A Survey of Zoning
Definitions • Planning Advisory Service Repon Number 421, edi1ed by Tracy Burrows
(American Planning Association, Chicago, lll. 1989); Zoning nnd Development Definitions
for the Next Century. edited by Michael Davidson. m Zoning News (American Planning
ASsociation. Augus1 1999): and The lllus1n11ed Book ofDevelopmem Definitions. by Harvey
S. Moskowitz and Carl G. Lindbloom (Cen1er for Urban Policy Rescnrch, Rutgers Universi1y.
N.J . Third Edition. 1987), The Cil)' Manager or dcsignec may consult Webster's Unabridged
Dictionary (Random House Refercn« :ind lnforma1ion Publishing. New York. 1997). as
supplemented, or othtt a\'ailable reference source for other words. 1enns. and phrases.
0. Dcfini1ion of Words. Tcnns, and Phrases.
!EDITORS NOTE: To be inserttd in alpbabetlcal ordcrf
Adult Entertainment or Scn1ct! Fac:ilil)" A specific l)'J)C of aduh use. An nduh books1ore. ~
rafler. aduh motion p1c1urc boolh. adult mo1ion picture 1hea1er, aduh dancing es1abhshmen1. aduh
cabnre1, or adull arcade. Sec definition of"Aduh Use".
Massage: Any method of pressure on or fnction against or stroking. kneading. rubbing. Lipping,
pounding. ,ibra1ing or s1imulating of 1hc cx1cmal soft pans of 1hc body wi1h the hands or 01her pans
of the human body or w11h 1hc aid of any mechanical or clec1rical apparatus or appliance, wilh or
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\\IIOOUI ~uch supplonenl31) 3td> •• ruhhtng 3kohol. hnimen1,. Bnl tS<'J'IIC>. <'ti>. pc"'dcr. creams . 101100,. omu11en1s or mher '1m1 lor pr,11am11ons used m 1!11s pmcucc. > h ssege Pe:rler: \fl)• es1ea1 rl~Mt.'tU 11 h@Fe ORY pcFson. Afffl. essoe1a1ieM. or eOFJlOMlmn oHgi:ti!:t!& iA. eaff!es OR. er petm11s 10 he e ~-sdd iR er eeffie~ 011 ""l" Rla;so~• as delined heretR . ">4assoge perler" e51aMi;l,meRls sh oil nel inel•dei ~ Phi·sieittAs. 6•'!•0111 . dee1eF6, medieal eli11ies er pef!le,1s lieensed hi· 1he le• ·s of 1he 61e1e 10 praeiieo 111edieine, suite')·. os1eopa1hy. ehiropraelie. and ehirepedi, 1heir 01lieas and eliMies. and all t)lf80M uor1i1flg in lheir offiee1 aeEI e,ifties Wflder 1heir
suJt ePisten Mid din1~uiefll 1
~ lle5f!ilals ,wl ell pe1&ens empleyed hy iRS1i1H1iaes and l!Sllhhsl!m,ms lioonsod hj Ille
S1a1e as h85pt1als u lule plfff!MliRg lhei,-usllBl d•ti1';. • ·ill!in 1he hesp11al er 1ns1h•1ieR
se liee11sed,
(Gl Re@ismed ar heoMINI n111us ~•Fffl"'lilljl oll 'iel!S ie thei r IISWII m1rsi11g dw1ies:
(9, 8eeutieia,,s and harlie,s duly lieensed YR~•r !he la s of !lie 61e1e. 1naelilr •• 1heir 1,suol
and a~illRfl oealiaR &Rd preklssieR, H ,1 ~1,11..t ei 1ho IB'"'tl efll1e S181e, are eeReeRtod:
~ Message preelieed or iRSIFYOIOB ill 1he e1hlo1ie dt!flOFIHlOlll ef ARj' SIAIO aee,..tiied
seheel. eell ege, un1<·ernill' er 11111inB')':
~ +raiROFS of ani· &INIIUr, semi professional er pref<lssieAal 1lhleu er 11k111i e lelt!II, "h""
lfeelillg alhlelH ;
~ Afty 1,ena lide alhlMie eluh IAIII is 5'81 eegaged iR 1ho prae11ee efHRd•fiRg PN5i8gas 10
meRml!P.i eflhe geeeNI pul,lia (er R!RIY!leralieA. I-er lhe pWf11051!5 eflhis +ill@ , iflt!!
alhleiie elul, do es RBI reeei'"• w.ere '""" '"" P""""' ~10•,1 efns JIFB55 i&eelfte frem lhe
prae1iee ofreAdNg .. ,asseges 10 i1s meR1eeFS. s•cli shall be pfima feeie e•,denee 11181
11!0 •l•e is • ee11a lid e alhleiie eluh .
Massage Thempy f!IW: A specific 1ypc of rc1ail sales and service (personal service) use. A
lileili11· 1ila1 is Ag S§l•b)islm1ep1 openncd for 1he purpose of massage thcrnpy perfonned solely by
massage 1hempists who are licensed er ~•&l ilied in accordance with Chi· regyls1iena BAB Colorado
s1a1u1es. A "massage therapy foci lily" d6i6 ihllil noi include; a "msssege psrlor", See delini1ien or
"Rernil sales aed sep•i~• (J!ersonal ser•iee)",
(A) Pbvsicians surorons doc1o rs ms4isal clinics or persons licwed bv the laws of 1he Staie
to nrasticc mqlicW swsm ostG9PAthv shi®ractic and ch1ronodv theiJ: offices and
clinics and an pcnons w rkm, in 1heir office ond clinics undg 1hcir suPSoision nnd
~
un Hosoilal § and an persons w2lovNI hv iosmwioos and es1abhshtncn1s lismscd b\l the
S1a1s as hosmtab wbils osrfoDDioe 1heir usual duties wilhm the homuol or institution so
~
LC Registered or licensed nurses ocrfom1inn scrnces in their usuAl mwinn duties ·
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w.i Bcauucrnm.and barbsG dYb hq11,<cd updq the law~ or th£ StpJr,!D)Qfai:.hJhcir usual and ordioao· ws:ation ~nd omfmion u defined bv the Ju," of tbs S1a1e au; concerned; CEl Massavc orae1iccd or mstructsd m tbs athletic denaameot of nov State ,ccrcditcd school college uniYersnx or ssulinm: W Trainers ofanv nmntcur semi;nrofcssionnl or arnfoss ioool athlct£ or uthletkJeam. »·hen treating athletes· ~ Aov bona fids IJblscic club that is not cngneed in tbs nractice ofttndsciov massasCf,S,,,lil
memt?m of the venernl Public for remuo,ration For the numoses of this Title, if an
athlsris club does oot rsseive mgcs thou 1m ossent Cl Ohl Pf ii$ wu income from the
nraaicc of rcndcriua JPAUARR to its mmwrn such shaH he nrima fasic Qidmcc 1hat the
dub is a bona fide 11hletis sluh
Section 4. Safety Clall5CJ, The City Council hereby finds , detemunes. and declares that this
Ordinance is promulgated under the general police power of the City of Englewood , that ii ,s
promulgated for the health, safety. and welfare of the public. and that this Ordinance is necessary for
tl:~ prescn·ation of health and safety and for the protection of public convenience and welfare. The
City Council further dc1ermines 1h01 the Ordinance bears a rational relation 10 the proper legislative
object sought to be obtained.
Section 5. Massage Therapy Facilities currently legally in existence in any zone district as of the
effective date of this Ordinance shall be grandfathered and shall be cons idered o legal use for
purposes of lhe Zoning Ordinance.
Sec1ion 6. Sevembtlhy. If any clause. sentence. paragraph. or pan of thiJ Ordinance or the
application thereof to any pcnon or cm:umstances shall for any reason be adJudged by a coun of
competent jurisdiction im,ilid. such jud~t shall not affc,,:t, impair or im,ilidate the remainder of
th.is Ordinance or its apphcat,on to other persons or circwnstances.
~ lnconsislcnJ Ordjnnnccs, All other Ordinances or poruons thereof inconsistent or
conflicting with this Ordinance or any ponion hereof are hereby repealed 10 the extent of such
inconsistency or conflict,
~ Effect of repeal or modification. The repeal or modifi cation of any provisi<'n of the
Code of the City of Eng lewood by this Ordinance shall not release. extinguish. alter. modify, or
change in whole or in pan any penal!)•, forfei ture, or liability, either civi l or criminal. which shall
have been incurred under such provision. and each pnl\'ision shall be treated and held as still
remainin~ in force for the purposes of sustaining any and all proper acuons. suits, proceedings. and
prosecutions for the enforccm:nt of the penalty. forfeiture, or habihty. as well as for the purpose of
sustJming any judl!l11cnl. decree. or order which can c,r may be rcndcrQJ. entered. or made in such
actions. suits. procecdmgs. or prosecutions.
Scs-tion 9. Penahv, llie Penal!)• Pr0'.is100ofSect10n 141 EMC shall apply to each and every
,iolation of this Ordinnncc.
Introduced. rend in full. and passed 011 first rending on the 2nd day of February. 2009.
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Publi shed as a Bill for an Ordinance in the City"s official newspaper on the 6• doy of February. 2009. •
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Published as a Bill for an Ordinance on the City's official website beginning on the 4'" day of Fcbruat)·. 2009 for th1ny (30) days. ATTEST : James K. Woodward. Mayor
Loucrislua A. Ellis, Ci,y Clerk
I, Loucrishia A. Ellis, Chy Clerk of the City of Englewood. Colorado, hereby ccnify that the above
and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on lint
reading on the 2nd day of February, 2009.
Loucrishia A. Ellis
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ORDINANCE NO. SERIES OF 2009 BY AUTHORITY COUNCIL BILL NO. 6 INTRODUCED BY COUNCIL MB✓.3ER PEl'-,'N AN ORDINANCE AUTHOR!Z.ING A "GRANT OF TEMPORARY CONSTRUCTION LICENSE", A "GRANT OF RIGHT-OF-WAY" AND AN "EXCHANGE OF RIGHT-OF-WAY
AGREEMENT'' FOR RELOCATING THE CITY DITCH AT 3290 S('IUTH UNCOLN STREET.
ENGLEWOOD. COl,ORADO IN ORDER TO ALLOW FOR THE CONSTRUCTION OF A
BUil.DING.
WHEREAS.1hc F8llllly of the Nazareth Inc .. submincd a request to 1hc City for the reloca1ion
of the City Ditch in order for the group 10 use their 101 al this location and construct a building :
and
WHEREAS , the existing Cuy Ditch 11 the locauon of 3290 South Lincoln doe. not allow for a
building 10 be constructed at Ibis location; and
WHEREAS. the owner of 3290 South Lincoln Street, Englewood, Colorado will relocate the
existing 36" City Ditch pipe to the easterly section of the lot 10 allow building o.n 1he southwesterly
portion of the lot with the "Exchange of Right-of-Way Agreement" and the "Grant of Right-of-
Way Agreement"; and
WHEREAS, the relocation and reconstruction of the City Ditch must be completed prior 10
April I, 2009, the starting date for water now for City Ditch users, and the "Grant ofTemporaiy
Construction License" allows the work to commence; and
WHEKEAS, the Englewood Waler and Sewer Board n:<:ommended approval of the "Grant of
Temporal)' Cons1rue1ion License", a "Grant of Right-of-Way" and the "Exchange of Righ1-of-
Way" agreements for relocating 1hc city ditch at 3290 South Lincoln Street, Englewood, Colorado
at their January 13. 2009, meeting;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD. COLORADO. AS FOLLOWS:
Section I, The Director of Utilities is hereby authorized to sign said "Grant of Temporaiy
Co11struction License'' for 3290 South Lincoln S1rcet, Englewood, nnnched herelo as
"Exhibit I".
Section 2, The Mayor 1s hereby authorized to execute and the City Clerk 10 a11cs1 and seal for
and on behalf of the City of Englewood. Colorado the "Exchange of Right-of-Woy" for 3290
South Lincoln Street, Englewood, anaohed hereto os ":'xhibi1 2".
Section 3. The City hereby accepts the "Grant of Right-of-Way" for 3290 South Lincol n
Street, Englewood. at18Ched herclo as "Exlu1>it 3·•.
Introduced, read in full. and passed on first rending on the 2nd doy of Februaiy, 2009 .
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Published as a 81II for an Ord11U1nce in the City's official newspaper on the 6"' day of February. • 2009. Pubhshed as a Bill for an Ord1M11ce on the City's official website beginning on the 4th day of February, 2009 for thiny (30) days. Read by 111lc and passed on final reading on the 17th day of February, 2009. Published by tille in the City's official newspaper as Ordinance No._, Series of 2009, on the 20th day of February, 2009.
ATTEST:
James K. Woodward, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy o f the Ordinance passed on final reading and published by
title as Ordinance No._, Series of 2009.
Loucrishia A. Ellis
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GRANT OF TEMPORARY CO!IISTRUCTION LICENSE Tl!IS LICENSE AGREEMENT, made and emered into as of this_ day of -,--,-----• 2009, by and between the CITY OF ENGLEWOOD, a municipal corporation of the Staie of Colorado, herein referred lo as the Grantor, and FAMD. Y OF TllE NAZARETH, INC ., hereinafter referred 10 as 'Licensee". I j
WHEREAS, the G111lltor owns a CQWII right-of-way for the City Ditch; and
WHEREAS, Licensee desires to make cenain improvemeots in the area relating
to consuucuon on the subject property and the Granto, agrees 10 give Licensee a Temporary
Construction License for improvements which shall connect the new City Ditch piping to the
existing City Ditch.
WJTNESSETH : the Granto,, without any warranty of its tide or interest
whatsoever, berd>y grams and authorizes Licensee the use of the property, hereinafter described,
which Grantor now owns for the following improvements:
See atUched Exhibit A for legal description.
Sec auached Exhibit B for construction improvements .
NOW, THEREFORE, it is agreed between Granto, and St. Louis Church that St. Louis
Church shall be granted a constroction license 10 make the improvements described in Exhibits A
and B, subject to the following conditions :
I . Perjod o[ Cogstruction. Licensee's right to use the constNction license area depicted on
Exlu'bit A shall tenninate on April \, 2009, and shall not thereafter be reinstated on a
temporary basis without the express written consent of Grantor. There will be no
construction during the Ditch Season which commences normally on April I and ends on
October 31 of .:ach y,,ar
2. Restoraljon. The Licensee will do what is necessary to resu,re all of Grantor 's property
damaged or distwbed as a result of the project 10 as near its original condition as is
practical, including but not limited to seeding on the City Ditch dediCllted rigbt-of-w•y.
3. Exercjsc of Reasonable Care Licensee will use all reasonable means lo prevent any Joss
or damage to Gn:ntor or to others resulting from the consuuction.
4, As-Built Orawjngs . Licensee shall supply Grantor a map dial shows the construction area
and defines the construction 11te. Exhibits A and B.
S. Assil!Mlent. Licensee's assignment of this Co11$1J'UctiOD Agrccmcot will not relieve
Licensee of its obligauons hereunder. The provisions htte0f shall inure lo the benefit of
• and be binding upon the successors and assigns of the respective parties hereto .
E X H I B I T
6 Permanent License. Licensee agrees to pro,ide 10 Gran1or a s1i;ncd agreement on Grantor's form and exhibus showing• As•Builts" for a propcny exchange agreement. 7 Authorj1y 19 Enter mto Agr:ecmcn1. The undersigned represents that he is an authoriz.ed off,= of Licensee and has authonty to enter into this agrccmcn1 on beh.!lf or Licensee and that Licensee will acccp1 and abide by all the terms and conditions hereof.
This Consll\lCtion License shaU terminate upon completion of said improvements and
approval by Grantor. / j
IN IVJTNESS WHE.'U!OF, lhe parties hereto have set their hands and seals on the date first above written.
STATE OF COLORADO
CITY OF ENGLEWOOD, COLORADO
GRANTOR
By~
Siu Fonda, Director or Utilities
F AMR. Y OF THE NAZAR.ETH. INC.
LICENSEE:
)
)ss.
COUNTY OF ARAPAHOE ) o7 ,,, ~
The foregoing instrument wu acknowledged before me thi~ day of 0:J. ut) .&-ll.1
2009, by Oen Mcbcod •tr::11o,t of Family of the Nazarclh, Inc. ~,~~f>~~h ~ q .S~
My commission •~pircs : JC-·~!:)-NOTARY PUBLIC
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C IVI LARTS November 25, 2008
ENGn,EERIMG PlAiNNING SUAYE'l'ING :: f"mJllfl3l f30lJl2.11<! I i EXHTBJT ,"A'' ,,11 :1 I '' ' l'I I f i: ifl I~ I· I :' ' . 1· ,
:: tllOLIMIM1Ctrc11,S111ttA Longnlonl co ID501
I
A description of a 25-foot wide Ditch Easement 10<.Bted in the SEl/4 bf Section 34, T4S, R68W oftbe
6th P.~, in the City of Englewood, Arapahoe County, Colorado. For:, RO Consulting Engineers, Inc.
LEGAL DESCRIPTION 25-FOOTNEW ALIGNMENT DITCH EASEMENT
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A 25 -foot wide Di tch Easement located in the SEl/4 of Section 34, "I:4S, R68 W of the 6th P.M., City
of Englewood, County of Arapahoe, State of Colorado, described as fo'ilows: '
BEGINNING at the Southeast Co~er of Lot 24 ofBl~~k 6 of RoJ lhdition to Englewood Colorad~,
according lo the Pla1 thereof, recorded March 11, I J 11 in Boo~ ! at Page '32 of the rcoords pf
Arapahoe County, from which the Southwest Comer of said Lot 24 ~ S89°S3'13"W, 125.00 feet
(Basis ofBearing); ~ ' ' ' ' ~ ' !
Thence S89°53'13"W, 25 .00 feet along the Southerly Line of said Lot 4; '
, ' If!
Thence N00°07'41 "E, 144.33 feet parallel to and 25.00 feet westerly o¥the Easterly Linc of Lots 19-24
of said Block 6; i'
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Thence N69°5 8'3 I "W, 106.35 feet across LotS 17-19 of said Bl ock 6 t~ a point on the Wester/y Line of
said Lot 17, whic~ bears S00°07'41 "W, 18.82 feet of the Northwest Corner of said Lot 17;
Thence N00°07'4 l "E, 18.82 feet along said Westerly Line to said Nonhwest Corner;
Thence N89°53 '13"E, 21.20 feet along die Northerly Line of said Lot 17;
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(CJ/\_ EXHIBJT "A"
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I I ' I 'OTICE: A-I•& to Co:ondo law you o,"'1
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EXCHANGE OF RJGHT-Of-WA Y AGREEMENT THIS AGREEMENT, mnde and entered into as of this _,,..,..... __ day of--,,..,........,....--=--200 _, by and between the CITY OF ENGLEWOOD, a municipal corporation of the Suue of Colorado. herein referred to as "City", and F AMO.. Y OF THE NAZARETH, INC, whose address 1s 3151 South Bannock Street, Englewood, CO 80110-2415; Ownerof3200 South Lincoln Street, Englewood, Colorado 80113 and Propeny; herein refc1Tcd tu as "Owner" and "Propeny" respectively. j l
WHEREAS, the Ciry owns and operates an irrigation ditch known as th~ City Ditch for
diverting water out of the Platte River under priorities pertaining to said ditch upon and along a
Right-of-Way acquired lhcreforc during and prior lo 1860 and continuously used since that time;
and
WHEREAS, the Owners desire to use a portion of said Right-of-Way for building and other
purposes not consistent with the Right-of-Way purposes. And desire to exchange approximately
Three Hundred feet ( 300') of new Right-of-Way for the use of the City Ditch; in exchange for
the City's permission and vacatioo of the existing City Ditch Right-of-Way.
NOW THEREFORE:
For and in consideration often dollars ($10.00) and other valuable consideration, the premises
and the full perfonnancc of the obligations and promises set forth below, the sufficiency of
which is expressly acknowledged, the panics hereto hereby agree as follows:
I. For the uses hereinafter named, the Owners will grant to the City the following
described propcny located in Arapahoe County, Colorado: Which Is a strip of land
located on and across the propcny known as 3200 South Lincoin Street, Englewood,
Arapahoe County, Colorado more particularly described as shown on Exhibit A
attached hereto and 111COrporatcd herein.
Said strip of land shall be twenty-five feet (25') in width where it crosses the subject
property shown on the attached Exhibit A where the strip shall be measured from the
"proposed centerline" of the relocated Cny Ditch. Which entire length shall be
surveyed by the Owners and evidenced by an executed deed for Right-of-Way with
meets and bounds description as shown on attached Exhibit A.
2. Upon, over, through and across the strip of land hcreinabove described, the City shall
have the right to construct, reconstruct, maintain, alter, repair, enlarge, enclose and use
a ditch or culvert fo, the conveyance of water under priorities pertaining to the above
mentioned City Ditch, said priority having been originally adjudicated to said City
Ditch under the name of the Platte Water Dileh, And for any and all other uses to
which the City might have put the old Ditch has this Agreement not been made. The
panics hereto agree that the primal)' right of possession of areas, which must be used
in common by the two parties hereto, is in the City, for i:s Ditch. With this limitation,
it is mgrecd thal the City will use its best efforts ·.o access and maint:lin the Ciry Ditch
with minimal disruption to the Owners and the "Propcny" .
i:: X H 1 B I '!' 2
3. TIie Owners wlll be b'l'anlcd a License 10 consuuc1 a new )Jipe m nccommoda1e 1he re<,Jlfcd Cily Duch wa1cr 0o" of !he Cny D11ch Righi-of-Way cons1$1e111 "ilh the professional eng,nccr approved plans auachcd as Exlub11S A and B ( consisting of tllfec (3) pages. along the east line of their propeny at 3200 Soulh Lincoln S1rce1, Englewood. CO 80113. 4. The 0..11er shall construct Lhe piping for lhe Cuy D11ch in lhe new loca1ioo m accordance with and a11he loca1ion shown on Exhibits A & B. 5. 11 is agreed 1h01 the present City Ditch is an old, weU c;msU'UCtedf ithoroughly
compacted, and well scaled d11cb from which a minimum of SCCJllB• loss OCCW'S. Th:
Owners and the City agree tbAt in all places where lhe City Ditc6•is to be ahcred in its
course 10 a new location that ii will reconstruct said ditch in such a way that the ditch
when reconstructed will be as sound and efficient, will be reconstructed according to
the plans and specifications shown on Exlul>iis A & B.
6. The Owners agree 10 bold the Cily harmless from any defects of cons1ruc1ion work
performed hereunder by the City and for damages ensuing on !he operation of the City
Ditch arising out of such consuuction or mainlcnaocc.
7 All work to be done hereunder shall be performed to 1hc entire satisfaction of the City
of Englewood Director of lhilities.
8. All worlc on the City Ditch and in connection therewith shall be done in such a way
as not io inter ""C with the regular and continuous Oow ofwaier therein.
9. Upon receipt of an acceptable Grant of Right-of-Way and acccplallCc by the Cil)' of the
new piped section of the Ctty Ditch, lhe C11y will quit claim any other rights 10 the City
Ditch Right-of-Way inconsistent with the granl described in Paragraph I.
10. Cny requires access 10 maintain the City Ditch and the Owners agree 10 execute an
access agrcemcn1 acknowled111og the City's right 101cccss the City Duch Right-of-
Way for City Ditch operation and maintcnanee and for s1onn Oow operation and
inspection. Thls access agreement will be included in lhe Grant of Right-of-Way.
11 . In case the 0..11ers shall fail, neglec1, or refuse to fulfill any of the terms or 1he
proviS1ons of tlus Agrccmcnl, all rights hereunder in the Owners shall at on::.~ bo
forfeited to the Cily, and the Cily may repossess itself of its original Right-of-Way for
said City Ditch as if this Agreement had never been made, and waiver by the Ci1y of
Enforcement of tlS rights on accoun1 of any breach sluill not be deemed 10 constilute a
waiver of any subsequent breach.
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12 The signatoncs affirm that they have authority 10 sign for the Q\\ners described hfrein IN WITNESS WHEREOF, the panics hereto ha\'e eauscd this Agrccmcn1 10 be executed as or the day and year first above "Tlllen. CITY OF EN1LEWOOD
ATTEST:
James K. Woodward, Mayor
Louerishia A, Ellis, City Clerk
OWNER
FAMILY OF THE NAZARElll, INC .
sm,o,G,/un,Ju 1 ~ _, A J ss. sr-c..11 c.~ . ':>\'1 "4 ......
COUNTYOF 4:p.A:ko<-l ~~c:.,JT(l.Ms LJU'\._.
The foregoing ins1rumen1 was acknowledged before me thi~~day of -;:s;::;.,g-!::J ,
2ooCi, by Cle!, lolc5'1 ,J.•wi)#n11ofthe Farnj!r__oftbe Nwrcth, Inc. ---t sr~vfl,J. ""t e,kc,/ffl.~Utl.'<f\.
IN WITNESS WHEREOF, I have hcrew,10 set my hand and affixed my official seal the day
and year r1n1 above wnnen.
. . ' .. ' .. ' . '.' ..... .
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. ·.;-:-: ,:,:.:,:
Ma.5~
Notary
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CIVILA R T S November 25 , 2008 , ut.u,n '-II.IC, fll •IIINJf, $1J fh.-f\'11~c;. :: rllli.u11. :: lllllr~&f\4HIJ.,,t :: Wlt.fthl.nc:C.w SWlrA I )O)W 114:f WWft 11..lr•h lll l.Ol'pllllO-~ CO 10'..ot EXHJBJT"A"
A description ora 25-fooi wide Oi!ch Right-or-Way loea1ed in the SEJ/4 orsec1ion 34, T4S, R68Wor
Ifie 6th P.M., in the Ciiy or Englewood, Arapahoe County, Colorado. For: RG Consulting Engineers, Inc .
!-EGAL DESCRIPTION 25-FOOT NEW ALIGNMENT DJTCH RJGHT-OF-W A Y
A 25-foot wide Ditch Right-of-Woy located in the SEl/4 of Sec1ion 34, T4S, R68W of the 6th P.M.,
Cily of Englewood, Cou niy of Arapahoe, State of Colorado, described as follows:
BEGINNING at the South-.ast Comer of Lot 24 of BiocJc 6 of Rose Addition 10 Englewood Colorado,
according to the Plal tl1crcof, recorded March 11, 191 l in Book 2 11 Page 32 of the records of
Arapahoe C'lllnl)', from which 1he Southwest Comer of said Lo1 24 bears S89°53'13"W, 125.00 feet (Basis ol BcaringJ,
Thcncc S89°53'13"W, 25.00 feet llong the Southerly Linc of .aid Lot 24 ;
Thence N00"07'41 "E, 144.33 feet p11111 llcl to and 25.00 feet westerly or the Easterly Line of Lo!s 19-24 of said Block 6;
Thence N69°58'3 I •w I 06 15 feet across Lots 17-19 or said Biock 6 to a pr int on the Wr<tcrly Linc of
said Lot 17, which ~, "7'4 1"W, 18.82 rect oftheNonhwcstComerofsaid Lot 17;
Thence N00°07'41 "L • l · feet al .. ng said Westerly Line 10 said Nonhwcst Comer;
Then ce N89°53'1J"E, 2!.20 feet along the NonhsTly Linc or said Lc>1 17;
(A p, t rntot<1, ,,,,,,.,1t,, i:,,.,m•• 11r• nllft r1111"
• EX HIB IT ''A"
Thence S69°58'3 I "E, 110.39 feet across Lots 17-18 of said Block 6 10 a point on the Easterly Line of
Lot 18 of said Block 6;
Thence S00°07'41"W, 161.76 feel along the Easterly Linc of Lots 18-24 of said Block 6 10 the fQ.llIT OF BEGINNING
Arca ~ 6,735 square feet (0.1 SS acres), more or less.
NOTICE; Ac.cordlJ11 10 Colcndo In, )'OU a1.HI
commcra any kg&! tc:tion buc:d upon 1ny dcJcct in lhis
,t.,,•cy Wlfhln dwcc yurs af'lcr you firtl di1co\ltrcd such
defect In no tvcn t, may any action based upon any
defect in this survey be commc:nctd n\Qfc thin lcn )'fltl
fromtbcdalc O(lhc ccttif'<IIIOflahow,$hcrn,n
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ORANT OF RIGHT OF w.;y THJS GRAh'T OF RJGHT OF \\'A Y, made this_ day of=-=-=---,-----------· 200_, by and between the CITY OF ENGLEWOOD, a municipal corporation of lhe Sune of Colorado, {Englewood) "Grantee", and FAMILY OF TI!E NAZARETH, INC. whose address 1s3151 South Bannock Su-eet, Englewood, Colorado 801 10-2415; herein referred 10 as 0 Gran1or".
For len dollars ($10.00) and other valuable consideration including the Agreement 10
exchange propcny to allow the Gnmtor to build on the property locate<j rt 3200 South Lincoln
Su-cet, the reccipl and sufficiency of which is hereby acknowledged. llhe undersigned does
hereby ~'1'81lt unto the City of Englewood, Colorado ii.I successors and assigns. a twenty-five foot
(25') wide Right-of-Way for Municipal purposes, to repair, maintain and inspect ii.I City Ditch,
over and through the property described on Exhibn A attached herelo and incorporated herein; with the Street Address of:
3200 South Lincoln Street
Englewood, CO 80113
This Right-of-Way shall be used for the City Ditch, an irrigation ditch system. The City sha1J
have full use of this Right-of-Way for its use including the operation and maintenance of said irrigation ditch.
The Grantor hereby grant.! a right of access over and across the propeny know as:
3200 South Lincoln Su-ce1
Englewood, CO 80113
IN WJTNESS WHEREOF, the panies hereto have executed this Grant Right of Way the day and year firs1 above wriuen.
ST A TE OF COWRADQ )
Jj )ss.
COUNTY Of (/,A /14:Uo ~ )
GRANTOR(S):
FAMILY OF THE NAZARETH, INC.
BY~~~krt
s,c.v~ fl. lUft-'j,., -c..L, I
IMA-h.>1t<i1t. .rec;_
g instrument was acknowledged before me lhi~y of
.ow..i='-""......,,t---'• 200.'.i, by ~~illHltnt of Family of the Nazareth, hie . _.I '<,,J-,zµ /(:W4'fM•q ..
S WHEREOF, I have hereunto set my hand and affixed my offic,al seal the dny vewnuen.
~C? .. S~
NOTARY PUBLIC
" H I d I T
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C I VIL ARTS November 25, 2008 (NG IN EE Pl,.G P1.ANN1t.G 5\JRVUl•~G :: PllllW'llll :: ll'lff-"', .. ~1n. !: IIIO~Cnlt-S11111.t ;. f l03 W110 !fll#INl"'°'U') lontmont.CO IOSe:1 EXHIJJJT "A"
" II
I.
A description ofa 25-foot wide Ditch Right-of-Way located in the SEl /4 of Section 34, T4S, R68Wof
Ilic 6th P.M., in the City of Englewood, Arapahoe County, Colorado. For: RG Consulting En8ineers, Inc.
LEGAL DESCRIPTION 25-FOOT NEW AUGNMm[ DITCH RIGHT-OF-WA\'.
A 25-foot wide Ditch Right-of-Way located in the SEl/4 of Section 34, T4S, R68W of the 6th P.M.,
City of Englewood, County of Arapahoe, State of Colorado, described as follows:
BEGJNN!NG at the Southeast Comer of Lot 24 of Block 6 of Rose Addition to Englewood Colorado,
according to the Plat thereof, recorded March 11, 19 I I in Book 2 et Page 32 of the records of
Arapahoe County, from which the Southwest Comer of said Loi 24 bears S89°53 '13"W, 125.00 fee1
(Basis of Bearing);
Thence S89°53 '13'W, 25.00 leet along the Southerly Line of said Lot 24 ;
Thence N00-07'41 "E, 144.33 feel parallel 10 and 25 .00 feet wcS1erly of the Easterly Line of Lots 19-24
of said Block 6;
Thence N69°58'3 I 'W, I 06.35 feet across Lots 17-19 of said Block 6 10 1 poin1 on the Westerly Linc of
said Lot 17, which bears SOO°OT41 'W, 18.82 feet of 1hc Nortbwes1 Comer of said Loi 17;
Thence N00°07'4 I "I!, 18.82 feet along said Westerly Linc to said NonhwcS1 Comer;
Thence N89°53'1 3"E, 21.20 feei along the Nonherly Line of s,iid Loi 17;
<CA EXlillllT "A"
Thenee S69"S8'3 I "E, 11039 feet across Lots 17-18 of said Block 6 to a ~int on lhe Easterly Linc of
Loi 18 of said Block 6; '
TbC11ce S00"07'4l"W, 161. 76 feet along lhe Easterly Line of Lots 18-24 of said Block 6 to lhe fQlNI
OF BEGINN ING .
Area • 6,73S square feel (0.ISS acres), more or less.
NOTICE · Aetordini to Colorado law )'OU anm '°"""'"" 1ny lcpl action btoml upoo any ckf«I ,n lhu
airvcy ""-11, in 1fwtt yc-ars aft" you lira diiscovc:rtd suc.h
ddctl. In no cvcn1, may any tc1ion based upon 1ny
dcfec:1 ,n this survey be commenced more lhan ten year,
rroru d1c d11c 0(1hc ccmficadon shown hc:rt0n.
Peter 0. S1'
Colorado ~o~ ~ : N =
Su rveyor ~~5379' : 2 j
1860 Leflh~d_;!?,(_#A, Lon~f/0 80S01
Oa1e: :i
PrOJCCI' 71 4.(1
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City and State: Engl ewood Colorado ~ool District: Englewood School District, Arapahoe One Toyota Family Literacy Program (TFLP) Capability Survey for Family Literacy Services to Be Developed in Hispanic/Latino Communities Toyota has given 1he Na1ional Cemer for Family Li1cracy (NCFL) funding to a.!~ live addi1ional
e~pansion cilieslcommunilies for 1he TTLP. Each sclec1ed communily will develop and
implcmcnl comprehensive family li1cmcy services in three elemcmary schools wi1hin a single
school district Complc1ing lhis Capabili1y Survey is 1he first s1ep in 1he npplic111ion process.
Read lhrough all queslions in lhis applica1ion and answer 1hem lhough1fully -including
specific information that will demonstrate bolh your need for and your capability lo
implement this program initia1ive.
Do nol change the questions in any way. Altered or incomplete applications will not be
considered.
Use 12 pt. fo nt when completing lhe appl ica1ion.
Be sun: 1ha1 the final question{# 12) is comple1ed by lhc mayor or chief executive of the
communi1y.
Reference/Source
U.S C<!nsus W07
CilV/Communitv Pooola1ion 32532
Percent orCi1y/Communi1y Population Iha, 21.8,,, U.S. Census 2007 / Dept Edu
is Livinu Below the Povcrll Linc
Percent ofClty/Communily Population 1h01
I, Unemolovcd
7.0% Engle"ood Cily Mnnagcr/G Sears
Percent or l'opula1ion that is 14.5% U.S. Census 2007
l-lisnanic/La1ino
Total Number ofS1udc 111s in you r Schuol 3298 School District Dain system
District
Total Number orS1udenlS in your School 1619 School Districl Oala S) ~lem
D1s1ric1 that Receive h,-c m Rcduc,-d
Lunch
Totn l Num ber or t:-3 Studen ts in your 88 1 Sc hool Districl 1)1110 system
School district
Total Numbcrof K-3 llispanic:IUJ1ino 329 School District Data system
Students in Your School Dts1ric1
Page I of II
Nauon,1 c.nt,r lo, Fom,ty IJ',erat'f
ns Wes1 Mam Street Su>t• lOO I u11,svi11o. Kenrudly ~0202 ~ll7
Phone 502 .SS~.t tJJ Internet: www.faml,1.org
fn1al "llumber of Eltmtnl!lf) 'ichoul, l.oc~iod in Vour School Distnc1 City and State: School District: Enqlewood, Colorado Eng lewood School District, 1 Araoahoe On e I. Describe current sm ice, your srh oo l district ofTcrs to ESL parents to increase their ucadcmic skills, cam n GED, or increase Engli sh language acquisition. Include the name of the provider of these services. If you do not provide the se services. please indicate. l11c Spring Institute for lntercultural L~nming, which has been designated by the F~-deral Office of Refugee Resculcmcnt and ti.~ Colorado Refuge Services Program started
working with the Englewood School District in January. 2009 to provide adult English
classes to non-proficient Engli~h spcal.ing adults. The response to the work of the
Spring Institute has been VCI) encouraging and has brought to light the sc,·crc need in our
community for more family lit~•11c-y 'len~ces. Without much 3dvcnising, just at one
school we have 3 I adults pan •ctr'• 'Pg.
District personnel, lnlined throcth -..i'IRC (Colorado Parent Information and Resource
Center), have held classes for £:.SL J)3J'Cnts on topics such as: -Parent-Teacher
Conferences", ·'Getting Ready for CSAP" and "Making Homework Manageable".
CPIRC provides materi als in Engl ish and Spanish.
2. Name and describe local co mmun ity partn ers that tn"<1oi:• ,r, vide literacy-based
instruction for adults, e.g .. libraries. commuooty-bal.cc ri;am :·"ms, community
colleges, etc .. for your school community.
ARAPA HOE COMMUNITY COLLEGE
• GED program
• Spring ln1emmional Language Center
The intensive English program cunsists of 23 hours of instruction per week focusing
on grammar, reading, writing, and listening/speaking. In addition, students may
choose from a varie ty of courses such os TOEFL Preparatio:1, Accen t lm provcmcn1.
Co mputer Lab. Conversation. film Discussion. Current ls~ucs, und others. Spring
International is a member of the American Associa1ion of Intensive English Programs
(AAIE P).
ARAPI IO E DOUGLAS WORKS
For adults interested in getting back in school or preparing 1hr the high school
t-q uivalency test (GED). Arapahoe/Douglas Works! can help: they have programs that
sen e both Youth and Adults interested in continuing their education.
ENGLEWOOO I IBRAKY
• Early Literacy (pre-reading) progmm-ba~cd on the l'LNALSC program £wry
Child Ready to Read (al yt111r fibrar;<J\
Page 2 of 11
Na11onal c:,,,i,, lor Fam.ly Lrteracy
]2S West M.., SUetl, Sulle 300 / Loo.sville, Kentueky 10201-<IZJT
Pho,,e, SOI.SIM I Ul Internet wwwJaml4.org
-City and State: Englewood, Colorado School District: Englewood School District, Arapihoe One SH ERIDAN LIBRARY The Parent and Child Literacy Project at Sheridan Library. which is a unique language service pannership between ALO and the Spring lnstitu:c, received CAL's Jean Maio Award for Excellence in Adult Literacy . The award. which recognizes excellence in literacy programming between a Colorado library and ar.other agency. recognized how the program has evolved from a traditional English as a Second Language (ESL) class for adults to ~rogram that serves the entire family. While the adults panicipate in the ESL progr .. the children are engaged in enriching learning activities.
PEAK PARENT SERVICES
The mission of PF '\K Parent Cer••r i~ to ,,rovide training, information and technical
assistance to equip families of ch1•0• v'll bi,h through twenty-six including all
disability conditions with strategics :o ,jvocatc successfully for their children. As a
result cf PEAK's services to families and professionals, children and adults with
disabilities will live rich, active lives participa•ing as full members of their schools
and communities.
METROPOLITAN STATE COLLEGE OF DENVER
The MSCD Family Literacy Program (FLP) addresses at-risk chi ldren, young adults
and adults. The programs are: Home Instruction for Parents of Prescho ,I Youngsters
(!-TIPPY). Parents as Teachers (PA n; English as a Second Language (ESL) and GED
in Spanish. The FLP also provides child-care and education for one to four-year-olds
in multiple Denver locations.
The College As.istance Migrant Program
CAMP , funded by the U.S. Ocpanment of Education, addrc~s the academic,
financial. and so-:ial needs of first generation college students from n migretory and
seasonal farm worker background. 'lb, ;>rogram provide s intensive retentive and
academic supp,Jn services during the student freshman year and continual suppon
throughout 11,.: students' college experience.
ARA PAI IOE CO LI' ry DEPARTMENT OF SO"IAL SERVICES
Parent Cducntiun Services
Home Buse lntersivc Family Intervention
Intensive Family "hcrapy
Sexual Abuse Ther arv
Day T rcatment
Life 11~
Spe, •nomic A~~iswnce
Mental th Services
Substance Abuse Treatment Services
Aftercare Services
Page 3 of II
National ~,ttr for Family Ute,acy
325 West Maon 5ttHt. Suot• JOO / LOu,5'1111e, Kenlueky 40202◄231
-.0. SUZ.584 1133 • lrumet: www.lamt,t.oro
City and State: Enql ewood, Colorado School District: Englewood School District, _. __ ---~ _____ A_r_a~1p_a_h_oe_O_n~e ARA PAIIO E EA RLY CHI LD IIO D PAT Arapahoe Coun ty Early Childhood Council (ACECC) ha , hccn certified 10 oITcr l'arc111s as Teachers (PAT) program :o serve fam ilie s throughout Arapahoe Cou nt y. Arapahoe Co unty .arly Ch ildhood Council Inc . Cen tennial. Co 80112. COLORADO STATE UNI VER !TY (Arapahoe Co unty Extension Office) "uppo rt for the education of under scrved populations .
3. If you arc oITc red the opportunity to npply for a gra111 to provide compr:hensive family
literacy services in your school di strict , \\'ho specifically will provide the E L education
serv ices for adults? Please describe how these services will be implemented .
Englewood chool District would stre11gthen their rela tionship with the Spring Institute
for lnlercuhura l Learning . This nonprofit language and culture training and consulling
corporation has ESL programs to serve the diverse needs of the community. They re
customized and focus on the specific needs and requirements of the families in our
community . The Spring Institute Community English classes for adulls focus on life
skills and self -sufficiency, they have English for driv-.:;'s education so the necessary
vocabulary and reading is available to achieve in a driver education training program ,
they have a two-week intensive, pre-employability skills program and they offer on-going
English language acquisition classes. They provide classes for those wishing a GED and
classes that help Hispanic/Latino adults investigate residency and citizenship. The se
services would be availab le to parents based on a community-wide need s survey. In
addition. we would survey for time, day and location .
4. Given that you will be required to develop co mprehensive family literacy services at
three elementary sc hool si tes, how will you determine which schools 10 select? Have you
discussed thi s opportunity with each of the school s?
chool sites will be selected according 10 the percentage of Hispan ic/ Latino families in
the school community. :hool principal s have been contacted regarding the ir
willingness 10 participa te and they have discussed thi s opportunity with the staIT in their
building s. The schoo ls are eager to have additional literacy support for their
I lispanic/Latino families . They recognize that they have P,11i1cd time and re sources for
out reac h lo these fami lies and eager ly support this upplication .
5. How have you determined that 1he princ ipa ls from the schools you arc considering
support ,~is initiative ?
Page 4 or 11
Nat ional Center for fam ily li teracy
315 West Ma,n S1ree1 . Su11e 300 / Lou1SV1lle, Kentud<v ~0201•~13 7
Phone : 502.S84.I 13J • Internet: www .fam ht.org
City and State: Enalewood, Colorado Scl1ool District: Englewood School District, Arapahoe OnP. Princ ipals from the sc hooL being cons idered have read 1hc on-lin~ "CFI Toyo1a Family Literacy Program Gram Opponuni1y and 1hcy hav e subm iucd a lcuer of su pport 10 the grnnts manager of Englewood School s. 6. I low have you de1errnined the degree of support that ihc teac hing stafTs at the school si1cs will give lo Parenl and Child Together (PACT) Time. where parent s are invited to work with their children in 1he eiementary classroom ?
In Englewood Schools paren1s are always enco uraged to be in 1he classroom with their
children and to suppo rt the work of the teac her. Princ ip als and teachers know that when
parents are in the classroom they gain an awareness of how child ren learn. they discover
how much they can influence their child's learning, and they have the oppo rt unity to
learn and practice strategics tha t can be used in the home envi ronment to support what is
happening in the classroo1 ... Prese ntly, Math Nights , Read ing ights, and RH' ig hts are
also a part of our parent / sc hool pannerships . With the Toyota Family Literacy Gran t
community outreach wo uld increase in order encou rage more parents to be invo lved in
the school fami ly li teracy program. PACT Time wo ul d be improved and encouraged
through teacher training tha t \\ould advance and en hance how teachers communica te
classroom ex;,ectations to parents , how they trai n paren ts in read alo ud s, paired readi ng
and other lit ::rncy ac tivi ties .
7. lfpanicipa ting parents need childcare services for younger chi ldren nol in schoo l. what is
yo ur plan 10 prov id e chi ldcare services?
The District present ly has an ear ly chi ldhood prog ram for children ages 3 and 4 an d a
before and afte r chi ldcare program (Kid Quest) for schoo l age chi ldren. Should the
distric t be awarded this grant , we will explore the abil it y of our early childhood program
(ECE) and Kid Ques t to provide ch ildcare services so that parents can part icipate in the
Parent and Child Together Time.
8. Describe the systems current ly in place in your school district tha1 provide social services
specifically to Hispanic/La tino and other im migran t families . What are examples of
these services and how will you access them?
9. Expla in how you will partner with the fol lowing se rvices in your schoo l district 10
support comprehensive family li 1eracy services: Title I. Ti tle Ill , Even Stan, I-lead Start,
21 " Century Lcar,1ing Gran ts, Rea di ng First. c1c .
I lead Start funds a part of the Englewood chools Early Chi ldhood Program (ECE).
(Sent email to Be th Engle)
Page 5 or 11
Naiuonal Center tor F21 mily Literacy
325 West Mam Street , Su,te 300 / loulsv,lle, Keo tucky 40202-4237
Phof'le : 50 2.584 ,J 13 3 • Internet : www.ramhl .org
City and State: r Schoo l Dist rict: En Colorado Englewood School District, Ara ahoe One l l1c Famil~ 1.i1craci Pr('gram has 11lU11) u!' lhc same goals as the l'itlc I program in our o;chools. Federal ritlc I funds "111 suppon rending in1cncntions fc,r undcrachic,ing ,1udcnt, in ull of our clcmcnl3f)' schools in :!009-2010. lhc Parent and Child Tollclhcr l'imc panncrc<l with 1hc l'i1k I program will help parcms fonn reasonable expccta1ions for 1hcir chi ldren's achicvcmcnl and encourage ac1 ivc involvemcm in rending ac1ivi1i-• In addi1ion 10 supponing low pcrfonning s1udems in reading. Tille I parent i·,..,• ... , •-·11 will include many parenl nighl programs. The programs \\ill ghc parents 101.., u.,~ 1cchniqucs 10 suppon thcirchildren·s learning m home. Use ofEnglcwood I ibraf)
resources is encouraged.
TI1le Ill pro,idcs ma1erials and training for ESL teachers in our distr' , These 1eachers
have close relationships wi1h our non-English speaking families and r.:oungc the
families 10 1ake advan1agc of district and community li1eracy opponunitics. Translator.:,
provided wilh Tille Ill funds, are available 10 non-English speaking parents for all
programs. meetings and conferences.
Ti1le X fundi ng suppons those students who are sharing 1he housing of other persons due "' loss
of housing, economic hardship, or a similar reason: who may be living in motels. ho1cls, trailer
parks. shel1crs. or awauing fos1er care placemcn1: who have & primlll)' nighnime residence tha1 is
a public or privu1e place no1 designed for or ordinarily used as u re •• !!lar sleeping accommodation
ur human bei ng: who arc living in cars. parks, public spaces. S11,J,;its ,,11,J qualify as homeless
receive free break fasl and lunch and have available 10 1,icm , ,d, .a• 1<1nal services.
I 0. I .case describe any comprehensive fami ly li1eracy services currcn1ly provided in your
school dis1ric1 :ind 1he funding 1ha1 support lhcm.
I huvc sent an ema il 10 l'lclh Eng le.
Page 6 or 11
~-Center far folllly 1.,t.,..-,
32~ West Main Slnt!, S.,,,e J00 / ......... , Kenlucltv <0202-'1237
Ptlo.-.,; 502.SSU 133 • lnu,met: www.famltt.o,~
City and State: ---Enalewood. Colorado School District: Englewood School District, Araoahoe One I I. In working wi1h I fopani c/La1ino families in your school dis1ric1. "hal are S<."Cn a, the five grrotest challenges you face as educators? The five greatest challenges Englewood Schools 1cachcrs face in working wilh I lispanic/Latino families in 1hc districl ore: • Low academic performance in math. science and reading
Limited English proficiency leads to lower academic performance. The
acquisition of .. social" English and !he need for "academic .. English can
hinder a student's ability to comprehend and analyze academic tasks. Staie
perfom1ance measures are in English ins1cad of Spanish at many grade
levels.
• High poverty
Recent economic trends have many parents out of work. nu , ~mbt-r of
homeless families is increasing.
Teacher understanding of !he hidden rules of poverty and its impact on
education.
• English language difficulties
Non-English-fluenl students and their families often are not aware or
properly informed of school policies and procedures. The lack of
communication between school and families creates frustration, tension
and slnlin in the relationships.
Parents who lack English proficiency are not comfortable in the
educational selling. They choose not to anend school fu nctions,
participate in report card conferences, or advoca1e for their children.
• Low graduation rate / Few pursue high education
The need for students to work in order to support the family has made it
necessary for mar.)' students to take low-paying jobs and drop out of
school.
11,c requiremc:11 to meet high academic standards has discouraged many
Hispanic/Latino students because muhiple support mechanisms do not
exist in the schools.
1 ligher education is not seen as a priority; students do not have family role
models lilat have attended college.
Economic nr wucational capital is hmi1ed for the!;e students to attend
institutions of higher learning.
• Accul1Umtil,,1 and racism
Students son:etimes feel shunned by fellow students and teachers because
they do not have command of the English language, because they are
behind academically, because of their race, or because of their family
traditions. Schools do not have sensitivity training for teachers and
students.
Page 7of 11
Nabonal C,,U, fa, Famtr uteracy
J2S west Moon-~ Sutt JOO,~ Kentucl<y 40202-4237
_,., 502.584.IIJJ lnl.,,,... www.-.org
City and State: Englewood, Colorado School District: Englewood School District, Arapahoe One 12. In "orkini: 111th llispanid.:u ino families in )·our communit). ,,hn1 are >(.'CR os the li\'e greatest challenges faced h) city/community leaders? •This quc.'1inn .,ho11/d he cm11ple1cd hy the mayor or chi1:f t·~·cc111il•e of the w1111111111ily. The City of Englewood is centrall)' located within the Denver Metropolitan area. The li\'c greatest chnllengcs faced by Englewood community/cit) leaders in working with Hispanic/Latino families include: lligh Pover1y Many low-income families have no financial reserves to draw upon in the
event of job loss. Earned Income Tax Credit outreach and other volunteer
tax assistance is a necessity. Connecting families v.ith other public
benefits such as food stamps and children's health insurance and
developing transitional jobs programs that help residents overcome
barriers to emp loyment are part of the YEF (Youth Education and
Families) Institutes' economic success program which strengthens
municipal leadm' cai:,acity lO help low and moderate income families
achieve financial stability.
Housing
Low income housing is not sufficient 10 meet the present economic need.
Keeping abreast of changing demographics in our community is a
chal lenge 10 Englewood city leaders. Since Englewood is immediately
adjacent to the city of Denver, many families nee the immediate urban
sening to our community. This movement brings conslllnl and unsenliag
change 10 the area.
Undocumented immigrants
Federal and most state finnncial aid is not offered to u'ldocumcnted
students. Adults have lost/fear loss of jobs due to a lack of citi1cn•hip.
Parents fear reprisal by the school district.
Public Snfc1y
The scope of public safety is an issue in declining economic times.
The Englcv.ood police and fire departments work closely with school
resource officers and the school district in order lO provide a safe
environment for students. The City of Englewood provides a vnriety of
recreational opponunities, from recreation centers to parks and open space
10 an award-winning aqumics facili ty and golf course. These 10crea1ion
facilities provide numerous opportunities for seniors. adults and students.
Communicatinll 10 Hispanic/Latino families the availability and
affordability ofth1:SC resources is imperative 10 our goal ofkecping the
city sak ln addition. public finance for these resources is n constant
challenge.
Page 8 of II
-C,,U,IOrf....,lll..acy
J25 We<t Harl 5trffl, SW. JOO /.__, ICentw<y ◄0202-4237
-... SOl.58'1.1133 • Internet: wwwJarit.orv
City and State: Enqlewood. Colorado School District: Englewood School District, AraDahoe One No le: Qucs1ions 11 and 12 provide exce llent informalio n r egardin g lhe needs that cities and sc hool sys 1ems have in sen•ing immigrant families. NCFL request s permission to use 1h15 Information to de,•elop a stronger case for the need for family literacy services ac ross lhe natio n. All data will be presented In agg r egate form. Please indica1c yo ur permissio n for 1h e use of the inform atio n you provid e.
Englewood Schools (Name of en tity/organization) gives the
Nationa l Ce n1er for Family Literacy permission to use the information in this survey to
develop information/articies to advoca te for funding, both public an~ private, for
additional f1tmily literacy services.
Superintendent of Schools
Signature Title
Date February 18,2009
Page 9 of 11
NatlOnOI c:.,,,er fa far!lly Utfflt\'
32S Wet Main Streel, SI.lie 3CO / UUSVllle, K,nludq, 40202"1237
"'-' SOl.58-11133 • ln:emot: wwwJanit.o,v
City and State: En lewoo d Col ora,fo .__...,.Schoo-'----,-1 ..,...O,....ism-·ct--l: -E-ng_l_e..:::w:..:...,.ood School -Dist rict-:-J ~--------'------'-,. ··'l ahoe One Contact Information Please pro,•/de comact lnformotion(or th~ pcr.\/"111/1r1 ii co111p/e1i11g 1'1/.1 clarnmvnt. Grant Writer" s Name
Job Posit ion:
Place of
t,.•fclnnie Dressman
Grants Manager
Employment Englewood Schools
Address 4101 S. Bannock St.
City, State, Zi p Englewood, Co. 80110
Phone __ J""0"""J.""80""6"'.2~00~8~---------------
Fax -'J~0~3-~806=.2~064c.:.._ _____________ _
E-mail Melanie Dressmanf'iilenplcwod.k l 2.co.us
Signature
Please provide contact i11formatio11 for the school distric t superintendent.
Superintendent -'S""ca=n.,.,M.:.::c:.::D:.::nn:cic:.el=-------------------
School District En11lcwood Schools
Address 410 I S. Bannock St.
City, State, Zip Engle wood, Co 80 11 0
Phone ...cJc.:.0a.cJ."'"'76~1-'-'.7_0,cc·o _______________ _
Fax J0J.806.2064
Email Scan McDaniel@englcwood,k12.co.us
Signature
P1ge 10 of II N-Cent0< lor f•moly Uteracy
)25 Wesl -Slrttl, s..te lOO / louosw1e, Kentud<y ◄0202"4ZJ7
Phone: S02.~◄ Ill) ,,._ wwwJ-...V
Oty and State: Enqlewood Colorado School District: Englewood School District, Plea.,e prm•idc contact i11(i1rm,111 011for the mayor or cou11(1•'dty leader Ma)or or County/Ci ty Araoahoe One Leader -'J"-'im"--W""ood~""",ru-"'d'-----------------
Coumy/City Arapahoe County /City of Englewood
Address I 000 Enslcwood Parkway
City, State. Zip Englewood. CO 80110
Phone ....c3;.:;0.:.;3•:.;..76;;.;;2;.:.;.23~10'------------------
Fax 303.762.2408 ---------------------
Em a i I JWoodward@eng lewoodgov.org
Signature
Please Return
the Original Survey Application and
Six Cop ies to:
National Center fo r Family Literacy (NCFL)
Attn: April Smith, Administmtive Assistant
325 W. Main Street, Suite 300
Louisville, KY 40202
Fncd or Electronic Co pies Will Not Be Acce pt ed
Note : SURVEY Al'Pl/CA'l'/ON MUST REA CII Tl/£
NATIONAL CENTER FOR FAMILY l/TERACY
BY 5:00 P.M. EASTERN STANDARD TIME ON February 20, 2009
Page 11 o/ 11
NabDnlll C8'<t< fer f..,...,, I.Ur¥y
3l5 Wost Hoon Sl7ftl, 5'lle JOO / L<uMle, Kenwd<y 40202-4D7
l'to,e. 502.584.113) lntomet: WY>WJamatorg
City and State: Englewood Colorado School District: Englewood School District, Pleme pro>•ide contact information for 1lte mayor or coun1ylci1y leader Mayor or County/Ci ty Araoahoe One Leader _J_im_W~o'""o_dw_ar_-'--d ______________ _ County/City Arapahoe County /City of Englewood
Address 1000 Englewood Parkway
City, State, Zip Englewood. CO 80110
Phone -'3""'03"".7""'6cc2"".2"'"3;..;:IO'-----------------
F~ ~3~0~3.""'76~2~.2~40~8 ______________ _
Email JWoodward@englewoodgov.org
Signarure
Please Return
the Original Survey Application a nd
Six Copies to:
National Center for Family Literacy (NCFL)
Atm : April Smith, Administrative Assistant
325 W. Muin Street, Su ite 300
Louisville, KY 40202
Faxed or Elec tronic Co pies Will Not Be Accepted
Note : SURVEY APPLICATION MUST REACH TIIE
NATIONAL CENTER FOR FAMJLY LITERACY
BY 5:00 P.M. EASTERN STANDARD TIME ON February 20. 1009
Page l toltl
Nat~ Center tor Fatnily Ute,acy
325 West Main S11HI, WI• JOO I UW>llle, Krotud<y 40202-4237
P!lcnt. 502.5841133 lntomot www.lamt,t.org