HomeMy WebLinkAbout2009-06-01 (Regular) Meeting Agenda Packet1. Call to Order.
2. In, ocalion.
Age nda for th e Regular Meetin g of th e En glewood City Coun ci l Monday, Jun e 1, 200 9 7:3 0 pm Englewood Civic Cen ter -Council Chambers 1000 Englewood Parkway Englewood, CO 80110
3. Pledge of Allegiance.
4. Roll Call.
5. Consideration of Minutes of Previous Session.
a. Minutes from the Regu lar City Council Meeting of May 18, 2009.
6. Recognition of Schedu led Public Comment. (Please limit your pre,enta'lion to ten minutes .)
a. Englewood reslde,11 Martha Griego ""I be present to address City Council regard ing
dogs at Jas on Park.
b. Englewood resident Tracy Jones "ill be present to address City Council regarding dogs
at Jason Park.
7. Recognllion of Unscheduled P1Jblic Comme nt. (Please limit 1•ou r presentation to five
minutes. Time for unscheduled public comment may be limited to 45 minutes. and If
hmited, shall be contmued to General Discussion.)
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8. Con1municatlons, Proclamations, and Appointmenis.
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9. Consent Agenda Items.
a. Approval of Ordinances on First Reading.
Council Bill No. 27 -Rt·commendation from the Polire Department to adopt
a bill ior an ordinance accepting 2009 Victim Assistance Law Enforcement
Granl funding. STAFF SOURCE: Thomas E. Vandennee, Chief of Polic~.
l~.i1e no1r U \·ou hi,\~ ,1 cisablit\ ,ind nrNl ..iu10li.14) dick or Wf\t<n. ~Mor nr,tlty lhe City of Endt•"ood
0('1J..i'62•24')}1 al 1e, ... , -18 houn."' ,Ufl.MlCt ot "'"" ~Kes .Vf' ,lttded
Englo,,ood Ci!) Counol Agenda lune 1. 2009 Page 2 b. Approval of Ordinances on Second Reading. l. Council Bill No. 22, authorizing three ln1ergovernmen1,1I Subgrantee Agreements for the 200<1 Arapahoe County Community Development Block Grant Program . c. Resolutions and Motions.
10. Public Hearing ll~ms. (No Public hlearlng schedule(!.)
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11 . Ordinances, Resolu1lons and Motions
a. Approval of Ordinances on Firs! Reading.
Councll Bill No. 23 -Recommendation from the Community Development
Department to adopl a bill for an ordinance authorizing an Intergovernmental
Agreement between the City of Englewood and Arapahoe County for
Community Development Block Granl and HOME lnves1ment Partnership
programs for 2010 through 2012. STAFF SOURCE: Jan et Grimmett. Ho using
fina nce Specialisl
ii. Councn Bill No. 25 -Recommendation from the Community Development
Department lo adopl a bill for an ordinance amending Title 16: Unified
Development Code pertaining 10 Medical Zone and Overlay District Staff
further requests 1ha1 Council sel a Public Hearing for July 6, 2009 to gather
public inpul on this Issue. STAFF SOURCE : John Voborll, Planner.
ill. Council Bill .~o. 26 -Recommendation from the Community Development
Department 10 adopt a bill for an ordinance ~. ,.irovlng an amendment to the
City of Englewood's Officia l Zoning Ma;., to rezone portions of the Medical
District area. Staff further requests thi.t Council set a Public Hearing for July 6,
2009 10 gather public input on th is issue. STAFF SOURCE: lohn Voboril,
Plann er.
iv. Counctl Bill No. 28-Recommendation from 1he Utililles Department to adopl
a bill for an ordinan ce approving a License Agreemen t a.10 t.rant of
Temporary Construction Easement for a 1um-ou1 gate In Eii,llewood's City
Ditch easement al 2890 S. Clarkson StreeL STAFF SO\Jlilt:E: Stewart H.
Fo nda, Director of Ulilllies.
b. Approval of Ordinances on Second Reading.
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Pie..,. note· If )OU havo a dlsdbllloy •11d noed au,11,ary aids"'""""'"• ple.ue no1,f) tho 01) of Englewood
ll0l-762-24051 •1 leasl 48 hours In ad.one• of .,t,.., ""'"" ,re needed.
[nglewood Cll'i Council Agend,1 , ..... 1. 2009 Pago 3 c. Resoluti .,11s and Mo1ions, I. Recommenda1ion from the Department of Financ~ and Adminimative Services to adopt a resolution approving a supplemental appropriation for the abatemen1 of the property at 3750 Soulh Cherokee Street. STAFF SOURCE: Frank Gryglewicz, C !rector of Finance. Ii. Recommendation from the City Manager's Office 10 approve, by morion, an
agreement with the City's Energy Services Company. Ameresco. Inc., for
performance of a Technical Ene rgy Audit. STAFF SOURCE: Michael Flaherty,
Deputy City Manager.
12. General Discussion.
a. Mayor's Choice.
b. Council Members' Choice.
I. Resolution regarding City Council policy pertaining to office supplies.
Ii. Resolution regarding City Council roficy pertaining to discretionary funds.
I 3. City Manager's Report.
14. City Attorney's Reporl
a. Settlement of Collier v. Marley -290 West Bellewood
15. Adjournmenl
The following minutes were transmitted 10 City Council In May, 2009 .
• Alliance for Commerce In Englewood Committee meeting of Apri l 9, 200'1
• Code Enforcement Advisory Committee meeting of April 15, 2009.
• liquor licensing Authority 1elephone polls of April 1 and April 1 S, 2009.
• NonEmergency Employees Retirement Boa rd meetings of February 1 (I ar.d March 1 7, 2009.
• Planning and Zoning Commission meeting of April 21 and May S, 2009.
• Water and Sewer Board meetings of February 3, March 10, and April 14, 2009.
Ple•.e nol• If )'OU ha" • dl,abitiiy and need •U\Jlwy .ids or sel'k.._ pluse noufy do, Ci~ of Engle,, ood
BOJ,762•24051 ill least 48 hou rs in Jdv,inre of IA-hen se"ices .l,e needed
• Call to Order ENGLEWOOO CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session May 18, 2009 51
The regular meeting of the Englewood City Council was called to order by Mayor Woodward at 7:42 p.m.
2 Invocation
The invocation was given by Council Member McCaslin
3 Pledge of Alleglanc•
The Pledge of Allegiance was led by Council Member McCaslin.
4. Roll Call
Present
Absent
• A quorum was presenl
Counctl Members Jefferson, Moore, Penn . Oakley , McCaslln. Wilson,
Woodward
None
Also present c,Iy Manager Sears
C1ly Attomey Brotzman
City Clerk Ellis
Director Gryglewlcz, Finance and Administrative Services
Director Black, Parks and Recreation
Housing Finance Specialist Grimmett. Community Development
Recreation Manager Hultberg, Parks and recreation
Fire Chief Pattarozzi
Poltee Commander Condreay
Operations Supenntendent McCormick, Ulihhes
Engineenng Technician I Dye, Public Works
5 Considerallon of Mlnules of Previous Session
(a) COU NCIL ME MBER JEFFERSON MOVED, ANO CO UNCIL MEMBER PE NN SECONDED,
TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETI NG OF MAY 4, 2009.
Mayor Woodward asked 1f there were any correct10ns or mod1ficatt0ns There were none
Vold results:
Motion ca rried
Ayes Counctl Members Penn , McCasl,i, Moore, Woodward , Jefferson,
Wilson , Oakley
Nays None
Recognlllon of Scheduled Public Commenl
There were no scheduled v1s,1ors
7 Recognition of Unschoduled Public Common!
Englewood City Council May 18, 2009 Page 2 (a) Jerry Furman, an Englewood resident, said I already lalked lo Joe aboul !his and I lhlnk thal everybOdy r ..eds lo look into 1t On Broadway we are look,ng al ,t ,s dymg there and ,twas all Mom and Pop shops I th ink 11 ,s tome 10 lower 1he lax pnces down on the little shops and raise up the tax pnces for hke Wal-Mart, ,<ing Soopers and Kmart, because they are bigger slores and they are all over lhe world. These little ones were funded by Englewood for many years They are the ones thal have helped us raise up the bigger sit res and stuff. We need more, more ... lols of money for the ones who are JUSI who are feeling the pressure o! lhe community Thank you
Mayor Woodward So'<I thank you
(b) Julian Newton, an Englewood residenL said I gol an interpretation on your 1t is CO 11 11 It
slates "parking for certam purposes prohiblled. No person shall park a vehicle on a roadway for the prmc,pal
purpose of· 1. Displaying such vehicle for sale." He said lhe principal purpose I park In front of my house is
to have convenoen1 access to my plci(up The second reason would be to keep an eye on IL A third reason
would be because I told lhe insurance company that is where I park ij Now, I have a small For Sale sign In
the back window of the truck, which ... for about a month and a half, I'm willing to sell It. It just says the pnce.
my phone number and that It is for sale. And since it is not principally parked out in front of my house for the
purpose of displaying the For Sale sign, I feel thal I shouldn't be ticketed for II.
Mayor Woodward said this Is an opportunity for guests to address Council and, typically, we do not respond at
this time. But there 1s a response thal comes at the end of this session under General Discussion.
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Council Member McCashn said can I ask a clarifying question? Were you ticketed? Mr. Newton replied yM
and I spoke with the officer and she said that the principal purpose doesn't matter I've go1 a For Sale sign on •
II, so I can't have II parked In front of my house. Thank you
Mayor Woodward said thank you
(c) Matthew Crabtree, an Englewood residenL said good evening. I'll start off by saying that I am
somewhat amazed two weeks ago I stood befote you for ten minutes and presented allegations that Council
disregarded the voice of the people of this community or selectively regarded the voices of the people of th,s
community It is kind of amazing actually, my comments brought little response after that meeling ... very limited
respon se To refresh your memory, I discussed two topics ... one of which was a pet,tion that a member of our
community brought fooward lo Council, listing 57 signatures and a ta1r1y clear explanation on wha' the people of
this community wanted. or al least those 57 people ... asking for a resolution basically ... or something I got a
respon se from one Council member and ~ wasn't anything but more impassive. The other topic I brought
fooward to you is the topic of the Na110nal N,ght Out Program and how effectively the City, including the City
Council. being responsible for lhis ... lettlng the National Night Out Program substantially decrease ... ln
attendance and partbpation I really dldnl get much response Maybe check into it type thing, no, nothing
further than that It didn't seem like much of a pnority I think you pretty wen proved my poml, that th,s Council
is not interested in the voice of Ille people ~f !his commu nity, especially when I stand up here or other people
stand up here and you seleclNely respond _ci them Now, another thing, all of you have been provided a copy of
a news amcie that was pnnted last week .clanf,cation, this was not ECOG, this was not Eye on Englewood, nor
was this any other nows source affilialed with or been accused of, or whatever, In this City. This was
facethestate com, a fairty large news site, has now got word of your actions and some of the things that you've
done Soon enough this Council w111 understand that you are not operating in a vacuum, on you, dec1SIO!ls,
make ii clear that your decisions are going lo be made public. Facelhestate.com .. II Is on their website right
now I recommend going to L for thd benefit of the record ... anybody listening to this right now If you go down
to the bottom of the page and look al all our staff arbcies, It IS pnnled nght there Facethestate.com IS not local
lo Englewood, ii Is the entue stale that they report on I am actually pretty impressed with this website and •
some of the articles that they have Soon enough, this Council will understand that your actions are now
becoming pubhc And that leads me lo the last one here Why IS thJS Laura Bartn,ck s,tuallOn so important?
You are 1ryIng and trying and trying to find other things to pin this on I actually didn't know really the full details
of this unt~ I read lhal article and I was hke wow, ii Is going baek and forth here In 1ust a couple of months
Why ,s 11 so ,mpor1ant? She was grandfathered In, everything should be okay, grandfathenng by dehnitK>n
• Eng le wood City Counc il May 18, 2009 Page 3 m~ans that you don't have to abide by a law passed after which you started your actions So, I just wanted to bring that to your attention ... soon enough these sources will catch on to what Is hapµemng here and we will see what happe ns Thank you . Mayor Woodward sai d thank you . 8. Commun ication s, Proclamations and Appo intments
(a) A letter from Tom Rothe indicating his resignation from the Keep Englewood Beauti ful
Commiss ion was considered .
Council Member McCaslln said I regretfully accept this resignation from Tom, because I wo rked with Tom for
three and a half years and I really enjo yed his partnership . He has really been a go-getter, In fact, he's leaving
Keep Eng lewood Beautifu l as the president. .. the lead er. I apprecia te, Tom, for all your support for the th ree and
a half years . Yo u have been a voice that hH been heard ... sometlmes too much ... no ... but you have , I really
appreci ate your service to the commu nuy, so Ill' ,k you very much .
COUNC IL MEMBER McCASLIN MOVED , A COUNCIL MEMBER WILSON SECONDED , TO ACCEPT ,
WITH REGRET , THE RESIGNATION OF 1 OM ROTHE FROM THE KEEP ENGLEWOOD BEA UTIFU L
COMMISSION .
Ma yor Woodward asked if there was more discussion
Counci l Member Penn said I would just like to say wha t Bob said . Tom you have been so valuab le on that
• com mittee and we th ank you for all the ins igh t that you have given us and any grief that you have given Mr.
Mccaslin is well deserved . There was laughter. Thank you .
Council Member Oakley said yo~, appearance be fore us tonigh t ind icates that you care about serving the City
and you ca n't anymore and we sure appreciate you r serv ices .
Mr , Rol he sa id thank you .
Mayor Woodward said I wo uld like to say the same thing . Having served a short period of lime on Keep
Englewood Beauti ful with you and you served as the Cha ir of tha t committee , I wish you wel l and hope you are
able to come back soon and took al another commission . You are certainly someone that is val ued in the
community and an asset tha t you bring to the table, so thank you .
Mr. Rothe said I plan to be a thorn in your side about January 2011 . There was laugh ter.
Mayo r Woodward asked if there were any othe r comments . There we re none .
Vot e res ult s:
Ayes · Council Members Penn , Mccaslin, Moore, Woodward, Jefferson .
Wilson , Oakley
Nays : None
Moha n carr ied
9. Cons ent Agenda
(a) Approval of Ord inances on First Reading
• There were no additional items subm itted for approva l on first read ing . (See Agenda Item 11 .)
(b ) Approval of Ord inances on Second Reading
Englewood City Council May 18, 2009 Page4 COUNCIL MEMBER MOORE MOVED , AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE CONSENT AGENDA ITEMS 9 (b) (I), (Ill, (Ill), (Iv), (v), (vii, (vii), (viii). (I) ORDINANCE NO 13, SERIES OF 2009 (COUNCIL BILL NO 11 , INTRODUCED BY COUNCIL MEMBER OAKLEY) AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE 1990 BIG DRY CREEK INTERCEPTOR AGREEMENT REGARDING FEES.
(i1) ORDINANCE NO 14, SERIES OF 2009 (COUNCIL BILL NO 15, INTRODUCED BY
COUNCIL MEMBER MCCASLIN)
AN ORDINANCE AMENDING TITLE 1, CHAPTER 8. OF THE ENGLEWOOD MUNICIPAL CODE 2000,
ENTITLED "MUNICIPAL ELECTIONS" WITH THE ADDITION OF A NEW SECTION 8
(Iii) ORDINANCE NO 15, SERIES OF 2009 (COUNC IL BILL NO , 16, INTRODUCED BY
COUNCIL MEMBER MOORE)
AN ORDINANCE AUTHORIZING A "LICENSE -CITY DITCH CROSSING AGREEMENT" TO PUBLIC
SERVICE COMPANY OF COLORADO TO INSTALL ELECTRICAL LI NES, IN CONDUIT UNDER THE CITY
OF ENGLEWOOD'S RIGHT-OF-WAY FOR THE CITY DITCH BETWEEN XCEL ENERGY SERVICES INC AS
AGENT FOR THE PUBLIC SERVICE COMPANY OF COLORADO AND THE CITY OF ENGLEWOOD,
COLORADO .
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(Iv) ORDINANCE NO 16, SERIES OF 2009 (COUNCIL BILL NO 17, INTRODUCED BY •
COUNCIL MEMBER MOORE)
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) FOR MUTUAL
AID/AUTOMATIC AID AGREEMENT (FIRE)-2009, BETWEEN THE CITY OF SHERIDAN AND THE CITY OF
ENGLEWOOD. COLORADO
(vi ORDINANCE NO 17. SERIES OF 2009 (COUNC IL BILL NO. 18, INTRODUCED BY
COUNCIL MEMBER OAKLEY)
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT (URBAN AREA SECURITY
INITIATIVE) BETWEEN THE CITY AND COUNTY OF DENVER . COLORADO AND THE CITY OF
ENGLEWOOD. COLORADO
(v1) ORDIN ANCE NO 18, SER IES OF 2009 COUNCIL (BILL NO 19, INTRODUCED BY
COUNCIL MEMBER WILSON)
AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF AN INTERGOVERNMENTAL GRANT "STATE OF
COLORADO DEPARTMENT OF LOCAL AFFAIRS EMERGENCY MANAGEMENT PERFORMANCE GRANT
(EMPG ) AGREEMENT WITH THE CITY OF ENGLEWOOD"
(viii ORDIN ANCE NO 19, SERIES OF 2009 (COUNCIL BILL NO 20, INTRODUCED BY
COUNCIL MEMBER PENN )
AN ORDINANCE OF THE CITY OF ENGLEWOOD AUTHORIZING THE ISSUANCE OF GENERAL
OBLIGATION BONDS. SERIES 2009, TO FINANCE THE CO NSTRUCTION OF IMPROVEMENTS TO THE •
CITY'S WATER SYSTEM AND AUTHORIZING THE LEVY OF PROPERTY TAXES, IF NECESSARY. TO PAY
SUCH BONDS. PROVIDING THE FORM OF THE BONDS ANO OTHER DETAILS IN CONNECTION
THEREWITH , AND APPROVING DOCUMENTS RELATING TO THE BONDS
• Englewood City Council Ma y 18, 2009 Pages (v111) ORDINANCE NO 20, SERIES OF 2009 {COUNCIL BILL NO 21, INTRODUCED BY CO UNCIL MEMBER McCASLI N) AN ORDINANCE OF THE CllY OF ENGLEWOOD AUTHORIZING AND APPROVING THE LEASE· PURCHASE OF CERTAIN EQUIPMENT FOR CllY DEPARTMENTS AND PROVIDING DETAILS IN CONNECTION WITH THE LEASE -PURCHASE TRANSACTION. Vote results:
Ayes; Council Members Penn. Mccaslin, Moore. Woodward , Jefferson.
Wilson , Oakley
Nays None
Motion carried ,
{c) Resolutlons and MobOns
There were no additional resolutions or motions submitted for approval on second reading (See Agenda llem
11 .)
10. Publlc Hearing Items
No public hearing was scheduled before Councl .11 Ordinances, R11olutlon and Motions
(a) Approval of Ordlnanr.e s on F1rsl Reading
•
{I) Housing Finance Speciafist Grimmett presented a recommendation from the
Community Development Department to adopt a bill for an ordinance authorizing three Intergovernmental
Subgrantee Agreements for the 2009 Arapahoe County Community Development Blocllt Grant Program, She
said the 2009 awards have been approved by lhe County fo< the three projects that we have for the Homeowner
Fix-u p Program, for the Northwest Englewood Sidew~lk Project Phase II and for the continuation of support for
the House of Hope Staffing Program The exlsUn g employees of the Community Development Departme nt will
admm1Ster these projects and the prOJeCls are scheduled for completion by the end of May 2010 They
anhclpate that the notice to proceed, hopefully, would be received by the County by lhe end of June, hOpefully. If
not by then, then by the early part of Ju ly. She asked If there were any questions
COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEM BER McCASLIN SECO NDED, TO APPROVE
AGENDA ITEM 11 (a) (I) • COUNCIL BILL NO . 22.
COUNCIL BILL NO. 22. INTRODUCED BY COUNCIL MEMBER WILSON
A BILL FOR AN ORDINA NCE APPROV ING ANO AUTHOR IZI NG THE EXECUTION OF THR EE
INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS (COBG) FOR THE YEAR 2009 BETWEEN THE
ARAPAHOE BOARD OF COUNfY COMMISSIONERS AND THE CllY OF ENGLEWOOD. COLORADO
Mayor Woodward asked ij there was any discussion
Mayor Woodward said I would just like to mention , If these funds are approved and you do get these the
Phase II of the Sidewalk Project In northwest Englewood Is something that ,s addressing four blocks The four
block, is somethong that I know the people up there are appreciative of and the students at Colorado's Finest
think II 1s great proJecl
Mayor Woodward asked 1f there were any other comments There were none
En glewood Cit y Cou ncil May 18, 2009 Page o Vote results: Mollon earned Ayes Counol Mijmbefs PeM. McCashn, Moore. Woodward, Jefferson Wilson, Oakley Nays None (bl Approval of Ordinances on Second Reading
There were no additional ,terns subm1Ued for approval on second reading. (See Agenda llem 9 • Consenl
Agenda 1
(c) Resolullons and Mohons
(I) Housing Finance Spec,al1st Gnmmetl presented a recommendahon the Communrty
•
Development Department 10 adopt a r'l~utKlll authonzing staff lo apply lo Arapahoe County for a<lditiOnal
Community Development Block Grant funding through the American Recovery and Reinvestment Act (2008-R
CDBG funosl She said lhls evening we are requesting approval lo submit two apphcallons to Arapahoe
County for s• ecial funding that was issued as part of the Amencan Recovery and Reinvestment Act of 2009.
There Is a r.pecial allocation of Community Development Block Grant Funds thal were budgeled under the
2008 f1SC2 year allocations, so they are known as lhe 2008 CDBG-R funding The application must be
submitted by this Friday, May 22"". so we, ,quesl the support of Council for the two applicar ns lhal we are
prepared lo submit One applicabon WIii be lo continue our Home Owner Fix-up Program and the olher
apphcalIun we have deemed as Energy Efficient Englewood. We lhoughl thal was k111d of a nice sounding
name The programs and these projects have very specific pnor11ies as to what they will funn The
admlnIs1ta1Jon must provide for Infrastructure improvements, c,eale Jobs or activities lhal promole energy •
eff,ciency We believe bolh of these proJecls do lhal They bolh will help to retain existing jobs from our small
contractors and businesses lhal are In the comm uni:y, that our homeowners would use, In order to make the
repairs necessary for both of these profects. The emphas,s on the newer pr()feCI, lhe Energy Efficiency
Englewood Program, ls going lo be one where we are going lo allow special funding grant fund,ng for
homeowners to be able to ullhze and apply for tax credits and rebates that are already out there 1r1 the
community through the federal program or any state or local programs. So the types of funding that will be
allowed under that particular ,., 0Jecl would be for Energy Star furnaces , u1>9rades 1r1 waler heaters .. espectally
the tankless water heaters n .:ould even be applied towards solar. ,f there was a homeowner Iha! so desired
to try lo look at doing thal double-paned windows, metal roofs, those types of things are an ehgobt(; currently fo,
rebates and for tax cred1ls under the Federal Tax Program So. we are hoping that we wiU be able to be
awarded Ar.:pahoe County does nol have a large amount of money that they were allocated, II was Just under
$275,000.00 and we are requesting lo apply for $175 ,000 00 of that funding fo, these two proIects And again,
the staff or Communuy Development w,11 administer these funds Hopefully, If awa rded, we w,11 know that by
midsummer with funding being allocated ,n earty faD so that we mighl be able to begin the pro,ects She asked
1f there were any quest,ons
Mayor Woodward said I have a quest,on If less than !he full S 175,000 00 Is allocated. will you use the
$65.000 00 and the $110,000 00 as th~ two percentages to break out whatever os awarded?
Ms Gnmmell saI 11 actua lly would de~end upon what the County Comm1ss10ners approve and at this hme, I
don't know what the staffing wllal !he Arapahoe County staff WIii submit Generally, lhey may do partial
funding and that would be dec,ded al their level and I don't think ,t would be a dec1s1on lhat we would have an
opponunlty lo participate 111
Mayor Woodward said okay My second question was, w,th the energy efficiency home improvement pro,ect.
would lhts ~ncide with give cihzens the opportunity to leverage. even further, theso funds w1Ih Xcel Energy 's •
weathenzallon program and some or lhe other programs that are out there? Ms Gnmmett said yes, they sMI
would be able to apply lo, any rebates thal they would be eligible for absolutely
Council Member Penn said Janet. If we gel the $1 75,000 00. what are some ol the ways that we will lake
apphcat10ns 'rom cItIzens or how do we d1spe,se that money?
Englewood City Council May 18, 2009 • Page7 Ms Gnmmell said, Initially, we w,11 do all immediate advertising th rough our local newspapers of general c1rculatIon and we would also put not,ces In the Citizen Because the award letters. generally, w,u come out a good two to three months In advMce or our notice lo proceed, which Is the actual release of funding, we have some rvne to be able to advertise. get notlces out to people, so that they can call in and apply and establish waiting lists. And applicattons will be taken 011 a first-come, first-serve basis And once we have the go-ahead with the notice to proceed then people will be called In to complete applicallons and a race-to-race Interview will be done. These are qual1fylng applications and grants, so there are certain upper Income limlts that families
must comply witi1. For example, a family or rour would sttll be eligible for bt•lh or these programs ir they were
earning $60,000 00 dnnual"y or less. So that,; our target group But we would do ft on a waitil1g list basis, with
as much advanced adve<llsing as possible. Mr Penn &aid thank you
COUNCIL MEMBER PENN MOVED, AND COUNC IL MEMBER McC ASLIN SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (I)· RESOLUTION NO. 39, SERIES OF 2009.
RESOLUTION NO. 39, SERIES OF 2009
A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO, TO FILE AN APPLICATION
WITH ARAPAHOE COUNTY FOR ADDITIONAL COMMUNITY DEVELOPMENT BLOCK GRANT(COBG)
FUNDING FROM THE AMERICAN RECOVERY ANO REINVESTMENT ACT (ARRA) KNOWN AS 2008
CDBG-R FUNDS.
Mayor Woodward aske.1 1r there was further discussion. There was none .
• Vote results:
Motion carried
Ayes:
Nays:
Council Mem!lers Penn, McCasNn, Moore, WoodWard, Jefferson,
Wilson. Oakley
None
(Ii) Recreation Manager Hultberg presented a recommend ation from the Parks and
Recteation Department to approve, by motion, a Bill of Sale, Notice ofT ermlnation or Lease. and Waiver of
Notice Requirement lransrerring the miniature train, tracks, and buildings at Belleview Park from the Englewood
Lions Club to the Clly of Englewood He sald as we lalked al the Study Session last month, the Lions Club has
provide~ a great service to the City by providing such a popular amenity here prior lo Cinderella City and now
since 1993 at Belleview Park Because they are unable to continue operation, they entered into talks with th&
Parks and Recreation Department and thal led to their otter or sate of the lraln and all of the amenities So
Parl<s and Rec Is ready to operate the train as a recreation amenity and we are 1eady lo go this Memorial Day
He asked n there were any quesllons
COUNCIL MEMBER JEFFERSON MOVED, AND COUNCIL MEMBER OAKLEY SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (II)-A MOTION TO APPROVE A BILL OF SALE, NOTICE Of' TERMINATION OF
.. EASE, AN D WAIVER OF NOTICE REQUIREMEN1 RANSFERRING THE MINI ATURE TRAIN, TRACKS,
AND BUILDINGS AT BELLEVIEW PARK FROM THE c NGLEWOOO LIONS CLUB TO TH E CITY OF
ENGLEWOOD.
Mayor Woodward asked If there was any discussion
Council Member Jefferson said I would like to add another thank you lo the Lions Club ror recognizing the va lue
or this to the City
• Mayor Woodwa;d said as a member and Board member of the Englewood Lions Club, I want lo compliment the
membership on their generosity over lhe years and commltmenl to the City of Englewood. Going back, pOOf to
my time here, the swimming pool that was ,n City Park on th,s site .that was prior lo Cinderella City. the farm
down at Belleview Park. which was also donaled to :~e City and now the train at the cost of Sl.00 So, I am
proud to be a LJOn
Englewood City Council May 18, 2009 Pago 8 Mayor Wood.vard asked ,r there were any other commenls There were none Vot o resu lts: MoltOn carried Ayes CounCJI Members Penn. McCasl,n Moore. Woodward. Jellerson , Wilson. Oakley Nays None
12. Gene ral Di scussion
(a) Mayors Choice
(i) Mayor Woodward said It jusl happens lhat the firsl item I have on my hst is something
that Matthew brought up I do want lo bnng up lhal the next Neighborhood Walch Block Captain Meebng ,s the
4111 or June. which Is a Thursday, from 6 30 to 8 00 p.m ,n the Community Room here al CrtyCenter Block
Captains and anybody else that has an Interest In the Neighborhood Watch Program and the block panies are
welcome to come. There ,s gong to be a dlSCUSSIOn and presenlatlon by Officer Perry Schellpfeffer regardmg
graff1h and there have been some things that have happened here recently Joe can allest lo that So, that
should be very interesting National Night Out Is always lhe second Tuesday in August and 11 ,s trad1llooa"y
celebrated ,n Englewood . over the last 20 years So. again I would like to inv11e anybody and everybody who Is
concerned and wants to panlc,pate. to please come out and do such.
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(ii) Mayor Woodward said I also want to mention that there was an Arapahoe County
Mayors, Managers and Commissioners meeting Fnday morning We had a presentation by Centennial on •
coyotes and what lhey are do ing, which can be made available to us. And also, kind of the theme . as we went
arOllnd the lable .. lalku,g to Mayors and City Managers is that everyone Is feeling the economic pain that we
discussed ea1her tonight ,n Sludy Sess10n. with regard to our budgel I believe Ooug Clark . Mayor of IJttletoo.
had menltoned to me that l hey were down 10% righ t now Greenwood V,llage, I know, has or is culling roughly
4 milion dollars out of the~ 2009 budgel So. again, in looking at some or our s1ufl, r.omparlng it to other cities
in lhe area we are holding our own And apprec,ahOn to the City Manager's office and the directors and staff ror
looking at and prepa ring for lhe meeung that we will have next week on that budget
(iii) Mayor Woodward said I also want to menhOn that our NaUonal League of Cltles
Conference presentations are going to start al Study Sessions on June 15~ We are doing them a little
differently. we are go,ng to have them as the very first ,tem, as opposed to the last Item or under Council's
Chooce That way we will gel them done Joe win be 1he firsl ooe 10 slat1 and then we wtll Just go by Dtstnct
then the At-large people and ii we need something wrillen 11 will also be good ... ,r c111zens or the pubhc would like
lo see something about what tha l is somelh1ng short. 11 doesn't have to be a long scenario.
(1v) Mayor wooaward said I would also hke 10 menlion lhat the Metro Mayors and
Commissioners Youth Awards were held on Saturday and all nine counties metro counl1es had
representairves erther 3 or ◄ represenlatNes youth thal had overcome adversity and were awarded They
come from the city level. lo the county level and now lo this final metro level Two or our Englewood kids, from
Colorado's Finest Alternative High School, won awards Cody Edie and Hannah Goellsch I would hke lo
congratulale them and I had lhe opportun,1y of meeting them and ooogralulating lhem there 11 ,s quite an
accomplishment and a lo1 or these kids have really come lhrough very, very adverse srtua1ions
(v) Mayor Woodward sa,d Jerry lo address the Issue tha1 you had mentioned regarding
laxes, m lax,ng the smaller businesses less than the larger businesses. I think that would be we couldn1 dO
l hal w1thou1 a vol e or lhe peop le due to the Taxpayers B111 of Rights That would have to go 1n front of the voters •
and you would have 10 change taxes for different companies and I don'1 know how lhal would go over wilh lhe
voters
Jerry Furman (from the audience) said how do we crllzens do that? How do we put 1t up for voting lor lhem to
vole on 11? Mayor Woodward said you would lalk to Lou regard ing lhat
• Eng le wood City Council May 18, 2009 Page 9 (v,) Mayor Woodward said Mr NeW1on I asked City Allorney Dan Brotzman lo address when II comes arouna 10 his s,de . 10 address your problem I believe he can. (b) Counci l Members' Cho ice (I) Council Member Penn
1 He said I went lo lhe re11rement party for Joan Clayton down al l he Library If you didn't make rt by, II
was excellent and unfortunately we ate losing another outstanding employee to retirement and she seems very
well on her way to retirement. So, congralu lahons to Joan on her retirement
2. He sa,d I did have a conversal10n with Bev Cummins after the meeting last week. I opened~ up to
continue talklng W11II her and thank you Joe, for helping me out with that So, hopefully we can continue talking
to Bev
3. He said tomorrow morning al lhe Englewood Rec Center, we have Mark Crawley coming tn 10 talk abou1
·212 Degrees· It is an excellent business seminar It will start al 8 o'clock . Mark Is a Toast Master ... a speaker
for the Chamber or Commerces In the Stale or Colorado So, If you have a ch~nce to get to the Englewood Rec
Center. I'll see you there It ls very interesting I have heard him talk before and he does a great job It is al 8
o'clock tomorrow morn ing al the Englewocld Rec Center
(11) Council Member McCashn said I ran into a new business we have ,n Englewood and I
think 11 is called CardlOlogy Now I got their card and lalked to a cardiolog ist He said the business has Just
• opened up between Bl ockbuster and Big Lots, nght off or Hampden arid Broadway I met the cardiOlogisl and
the staff and, In fact. I Invited them lo one or our Council meeIIngs to jusl In troduce themselves II ,s where you
bring your cardiology report and they can help you o, ,r you reel like you've got some symploms they are reaUy
open and they want 10 make th is go and they opened another place in Pueblo. I think that they wilt come and
share their experiences wrth us. hopefully So, I just wanled to ,nv,te them lo Englewood and thank them ror
choosing Englewood
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(1il) Council Member Moore sa,d I wilt take the opportunity to correct three 1naccuracles
presented by one or our guests tonight F,rst , I 1usl want lo confirm our meelings and processes are already
publlC They are not private , they are not semi-private. they are nol quas, public they are public So,
fortunately, we have already accompbshed the desired goal This same lnd1vldual expressed concern, a
session ago, that Englewood doesn't have a representative government, because 40 people weren1 able to
mandate ac:1I00 by s,gning a piece or paper I am also happy lo inform our guest that there are seven duly
elected ortic,als up here, clhzens or this co mmunity. serving alt 33,000 participants. 33,000 crlizens Finally, r n
take the opponuMy 10 comment on this letter presenled lo us lon,ght by Face the State, I believe It was
Besides re1nrorc1ng the conlus,on about whether or not we have a representabve government. I would
personaffy be disgusted to be assoaated wtlh something that has presented an issue or zoning with such racial
overtones Quohng from this th ing, 11 started with the fact that a South Korean moved ,nto our house and our
neighbor$ dldn1 hke that In my coming up on 8 vears with Council it is a welt understood racl. bul since
facts seem 10 be po,nts or confusion lately . that this Council has had a IOng .arid Councils before lhIs have
had a long history of protecting R-1 01slricts 11 Is never a race Issue and it ,s oflensi\le to be reading cnl1C1s m
about the work that lh1s Council does and being bnushed with rac,al overtones So, I iust wanled lo take my
opp011unrty to make those correct100s fo, the record Thal Is all I have your Honor Thank you
Mayor Woodward said thank you
(IV) Council Member Oakley
He said yes I generally don't say too much In this part ol lhe meelIng. but tonight I guess I will make up
for 11 I too would like to respond to Mr Crabtree's comments at lhe beginning or the meebng He has been to
alrnOst every Study Sess,on and Counc,I meeting ro, lhe lasl two years W1Ih that knowledge, I was kind of
surprised lo hear him say that he was surpnsed lhal aller two weeks we hadn'I ta~en aclJOn on something that
Englewood City Council May 18, 2.009 Page 10 he had requested I would like to say that Coty Councd. and City staff. are al the end of a large condu,t and through that conduit passes afl manner of things wrth different mportance's attached to them And to be able lo respond In a timely manner 1s one th ing, to be able to respond In a timely manner of one's own op1n10n IS another 1. 'llyself, and all the other Council people bring up th1ngs that we would like done and sometimes we wait weeks and maybe even months some~me5 before there ,s tome to get back on the docket or gel them done So. I would suggest lo you Matthew. that tw,, weeks is not a real long tome when Ii comes to the way things ebb and flow There is a certain cntena that has to be followed And. I don't mean that in a real derogatory manner. It Is just a thing that I thin k we need to understand
2 He said the other thing that. .. in the City Managefs notes ... we had two or three thongs that I think people
were kind of requesMg action on One of them being a fairly serious dog incident at Jason Park , lhe second
being, at the same Park with a Soccer Association member also referring to dogs running through the park and
then a th~d being. the person that was referring to the wildlife siluat1on we have In the City He said are all three
of these going to be 1aken care of through a response from Cdy staff or how are these go,ng to be handled? Or
is Council going to be involved in any of these? City Manager Sears said I'm not sure where we are I think we
don't have a specific Councd Reques~ bll1 we can iust take your commen~ Council Member Oakley, and make
that a Cou ncil Request and follow up. I think we are at different stages with a response on each one of those
Items I know our Code Enforcement people are working through those issues , but we will go ahead and
respond 10 those as we normally do and get back to Council next week with the status of where we are
Councd Member Oakley said okay and I would present these three letters as an example or what I was referring
to With so much stuff to go through, sometimes you don't know how these actions are going to be taken
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3 He said you had talked to this subject ,n a Study Session before the Councd meeting tonight 1n regards
to the mandated use of Personal Leave and I read the memo again, Gary, and it appea rs that you asked certain •
departments 10 forgo any possibility of cashing in Personal Leave. m lieu of tak1n9 their vacatoon time and then
you went on to mandate to the people that obviously you can , the department heads and those and I was
wondenng what kllld of response are you gettJng back from the departments? And It appears to me, anyhow,
that this Is somelh1ng that If It Is voluntary, because of negot1at10ns with un,ons, that this 1s something that we
need to talk about Otherwise. the pain should be shared e,enly with everybody So. I guess, I would either like
to know the departments thal are cooperating and ff there are any departments that refuse, then we mtght be
able to at least talk about that and especially at our budget meeting next week . I don't wanl to Jump In the
center of this I Just want to stale that I think rt should be shared equany by everybody Is there any more
comment on lhal Gary?
Ci ty Manager Sears said my first auempt. again, was to do voluntary As 11 transp,red With lhe department
directors. i t became a hltle b1l haphazard and, again , ba.ed upon the middle scer3rlo we looked at .. It was a 4
minion dollar shortfall And to accommodate the scheduling of time for employees. ,t ,s best done early on. so I
went ahead as Manager and instituted the mandating of that, again, for the employees that I can mandale for
You know, because we have that October 31• deadline to take that and the summer vacations are coming up. 11
Is a liUl e bil unfa,r 10 mandale that ,n the middle or July to have lhat happen So, that is wily I went ahead and I
didn't see reS1Stance, quote honesUy. from any departmental groups It ,s certainly a pressure point II ls d1flicult
for our employees because many of our employees rely upon lhat as a year end bonus. bU1 I felt lhat we could
not help them with funds, if I didn't take 1mmed1a1e ac11on to do that So. thal 1s why I chose to go ahead and do
lhat I know that with a number of employees 1t wasn't popular, but rt was What I had to do As you have staled,
we have three employee conlracts and those employee contracts have different language w,th1n them regarding
Personal Leave I can't respond lon,ght and we can respond In better detail next Tuesday night regarding the
employee groups and whal their responses were with our request to ublize that. There Is a substantial amount
ol savings for Personal L~ave. but again Personal Leave Is a long term benefit. 11 Isn't l he loss of thal, it 1s just
lhat they can't use 1t this year, they took to annual leave Bui 11 creates especiafly with the F,re Oepartment. a
very difficult situation because c' overtime and 24 ho\Jr shifts In that way 11 was a Mficull s11uat1on the last 1Ime •
we implemented that So, I thlflk that we will bnng this before the Council As Counc,l ls aware, we are In
negotiations for a con tract w1lh our genera l employees July 1 ,s the dale and so, especially wilh our general
employees that will probably be part of our f1nal nego11ations with them So. I guess, ii 1s the best that I
can lhat Is lho status of how I made the dec1s10n to go forward'" terms of mandating ,n the area that I could
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Englewood City Council May 18, 2009 Page 11 Council Member Oakley sa id okay For the record, I wasn't 1mply1ng lhal you were handling lh1s 1nappropr1alely and haphazard 1s not the word I would use. It was gIvIng them a chance 10 respond, but how they respond Is something you w,II have to deal wilh laler I well know, probably more lhan anybody, how much people rely on this at the end of the year, for the Chnstmas bonus This was something thal was negollated years ago ,n heu of ra,ses. so nobody ,s implying that this 1s gomg to be somellung that ,s go,ng to be for now 0< forever. because ,t was a negotiated thing So, I Just wanl to see l,ow we can work this and be fair with everyday and everybody gel lhrough the hard times together So, when we have our nexl meehng, I am prelly sure that this w,11 work ,ts way oul
City Managei Sears said yes, I think Council Membe! Oakley's review Is right there Again, as we have met with
employee groups, and I have met with all employee groups in the orgamza11on, I met with most of 1he 550
employees the f11st two months of the year letting them know about this concern. The employees said they read
the newspapers, they see the numbers and I would have to say the employee organizations and the employees
we have here are very responsive and ha ve been very accepting, I guess, of the situation 1n that the reason for
Personal Leave In part, ts lo preserve the jobs within the City, so we don't go to layoffs, as you will see In my
memo, that the whole approach 1s to reduce expendrtures without laying off employees, of whteh this 1s a maJO<
part
(v) Council Member Wilson
1 She said I went to the Farme(s Market again and I think rt ,s very successful ant : went a liUle bd later
this lime, Randy , so I got more samples But I lh1nk ~ Is going lo be very successful and I even took some
neighbors so that they could see how much fun ~ was So, I appreciate alt the wori( that you have done on that
2. She said the other thing was Neighborhood Watch I have been here for whal, 7 years, and I've had
one on my block every year I too have a very nice block and lhey hke to get together and we particrpale and
people from the City came ... fire people, police and everything. Being on Council, we had 29 block parties last
year, but I must say that one of the bloclls ,s the enltfe south end of lown, al Duncan Park So, ,t 1s a very large
block So, there are a lot of people lnvofved theie are a lot of people who are posI1tve about tt Anyone can gel
involved who wants lo I thmk 1t 1s something Iha! constantly has to be looked al redone as times change The
police force and Code is working on that I think there Is always work that can be done, bul somehmes people
don't want to slep forward and be lhat Block Captain and I know t hat, that ts a b,g respons1bihty and hard lo do
So, I feel its pos11lve, I think it can always be beller but I lhInk we are working on ,t I think 11 Is ahve and well
3 She said the th1119 about the letter I iust find you 10 be a !Jttle bil th1eatemng around that and I do1n feet
thal 1s appropnale And ,r you want lo know why rt is still'" court ask Laura I'm sure she would be able lo
help you
(vi) Council Member Jefferson
1 He said 10 Jerry and his comments thal you made 10 Council I would jus1 hke to say that I loo am
concerned about lhe vacancy rate on South Broadway As much as I would hl<e to see the ta• burden alleviated
on smaller businesses 1n addition 10 the Mayofs commenls I am JUSI not sure that our budget could sustain
l hal lype of thing at this moment Bui I do behevo lhat you can circulate a pelltion .. If you do believe II ts a good
idea and get It on lhe ballot You will need almost 1,000 signatures, I think, but you can talk to Lou abcut II, 1f
you hke
2 He said Mt Newton, I apprecate your corning down and sharing your concerns With us lon,ghl I guess
I would Just say first that the rote of our Councd ts truly a policy role and ,n that type of a s11ua1ton, we can
actually chaf)e the law ... we can say, you know cars w,th a small For Sale s,gns or somethmg hke lhat are
okay Bui I think lhere are reasonable policy reasons why we don'I allow .. you know we don't want the nghl-of-
way to be used lor marketing people's goods lor sale So I lhonk your comrnenls ton;~hl are much beller su,ted
for lhe actual court You know they w,u g,ve you an opportuMy to make your claim and you
know quesllon Ike what 1s the pnmary purpose of where you are parking your vehicle I lhtnk is a k!gal
queshon I think that you would be able lo make lhal argumenl on your day If lhey delemune lhal, 1nen I thtnk
Englewood City Council May 18, 2009 Page 12 you w,i have an opportunity tC' gel thal dismissed I thwik the only way lhal you can take that with us ,s by asking us to change the rules Just an FYI And maybe I can chal with you a little b1I more aboU1 It afterwards 3 He saJd to Matthew. I am sooy that you feel that you are receiving a limited or selective response from Counctt. Just like everybody, I do attempt. .or just hke you, just hke everyone else who approaches Counc~. I do attempt to give some response back on an Individualized basis to attempt to meet those concerns on some level
4. Ho said I would also like to congratulale Joan Clayton on her retirement Sorry I missed the party there
and I hale to see her go, but hopefully she wit! be enjoying her time.
Mayor Woodward said thank you.
13. City Mana£e r's Report
City Manager Sears did not have any matters to bring before Council.
14. City Attomay's Rtport
(8 ) City At torney Brotzman said Mr. Newton, we will pull your ticket. I don't have any background
on ll .. I don't know What is going on. If you have a court dale, show up for the court dale and my prosecutor will
talk with you. If you don't have a court dale, which I don't known you do or don't, we wil have someone get
back lo you, either a Code Enforcement Officer or my prosecutor wlll get back lo you. But ff you have a court
date, please show up here . The prosecutor will go through the law with you, hear all the arguments In actual
session.
15. Adjournment
The meeting adjourned al 8 35 p.m
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PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT June 1, 2009
PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES
PLEASE PRINT
ADDRESS
£JJGlltd>Jt, IJJ./l/!Afllf./J
E µ(;N·IY~-rl LAV'{ &rloit'~ -
TOPIC
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COUNCIL COMMUN ICATION D•te: Agenda Item: I Subject June 1, 2009 9 a I Victim Assistance law [nforcement GrJnL 2009 Initiated By: I Staff So urce: Englewood Police Depanment Chi ef Thomas E. Vandermee
COUNCIL COA L AND PR EVIOUS COUNCIL ACTION
The City of Englewood has applied for and accepted the Victim Assistance Law Enforcement Gran t
(VALE) GrJn t from 1990 through 2008.
RECO MMENDED ACTI ON
Staff seeks Council support of a bill for an ordinance accepting the 2009 VALE grant funding In the
amount of S 16,7 40.
BAC KGROUND, ANALYSIS, ANO ALllRNATIVES IDENTIFIED
The VALE Grant finances appro~lmately 30% of the salary and benefits for the Victim Witness Program
at Englewood M unicipal Court The Vtetim Witn ess Program provides services for victims of domestic
violence.
FI NANC IAL IMPACT
Victim Witness program would lose 30% funding without this granL
UST O F ATTACHME NTS
Proposed Bill for an Ordinance
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ORDINANCE NO. 3ERIES OF 2u09 DY Al!l llORITY COUNCIL BILL NO n INTRODUCED BY COUNCIL MEMBER ____ _ A BILL FOR AN ORDINANCE AllfHORIZING IBE ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASS ISTANCE LAW
ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT.
WHEREAS, the City of Englewood Safely Service Oepartmtnl applied for funding under the
VALE Grams Progrnm 10 be used for funding the Vic1irn1Wimcss Program in 1he Englewood
Municipal COWi; and
WHEREAS, the V1ctim/Wilness Program in the Englewood Mwiicipal Coun has served the
victims of domestic ,iolencc since 1990; and
WHEREAS, the City of Englewood has previously applied and been gramcd VALE Grants
for they= 1990 lhrough 2008; and
WHEREAS, the staff seeks Council approval of an Ordinance acccp1ing a 2009 VALE gram
funding in the amoun1 of $16,740, fonhe period of July I, 2009 10 June 30, 2010;
NOW. THEREFORE. BE IT ORDAfNED BY THE CITY COUNCIL OF IBE CITY OF
ENGLEWOOD. COLORADO, AS FOLLOWS:
~. The Ci1y Council of the City of E.nslewood, Colorado hereby authonzes the
acceptance of 1he VALE Omni and accompanying intergovcmmcn1nl agrecmcn1. a copy of which
is marked as "Exhlb11 A" and auached hereto
~-The Ci1y Manager, 1hc Chief 01 Pohce and the Dlrcclor ofFi11ancclAdminis1rath·c
Services a,e hereby aulhori:u:d 10 sii;n said VALE Omni and accompanying in1ergovcmmcn1nl
agrccmcm on behalf of the Cily of Englewood.
Jn1roduced, read in full, and passed on first reading on lhc Isl day of June 2009.
Published as a Bill for an Ordinance ,n the Ci1y's official newspaper on the S"' day of June, 2009 .
Published as a Bill for nn Ordinance on 1hc Cuy's o fficml wcbs11c beginning on 1he 3,. day of
June, 2009 for thiny (30) days.
ATTEST: James K. Woodward, Mayor
Loucnslua A. Ellis. Cny Clerk
• VICTIM ASSISTANCE AND LAW ENFORCEMENT BOARD CONTRACT Pursuant to the Assistance to Victims of and Witnesses to Crimes and Aid to Law Enfo rcement Act, Article 4.2 Title 24 C.R.S., the Victim Assistance and Law Enforcement Board of the 18th Judicial District has made the following award :
Grantee: Englewood Department of Safety Services
3615 South Elatl Stro:1et, Englewood, Colorado 80110
Grant number: 09-38
Project Title: Victim/Witness Ad\/Ocate
Purpose of Grant Funds: Law Enforcement Victim Services
Services/Equipment Being Funded: Portion of Salary and Benefits for Victim Assistance
Ad\/Ocate
• Grant Period: July 1, 2009 to June 30, 2010
'\mot..,it of Grant Award : $16 ,740 .00
•
Quarterly Installments: Four (4) Quarterly Payments of $4,1C5 .00
BE IT UNDERSTOOD THAT:
(1) All disbursements of awards are contingent upon the availab ility of VALE funds.
(2) The contents of the grant applica tion will become contractual obligations of the grant
recipient and are Incorporated Into this contract as if fully set forth herein.
(3) The grant recipient Is required to submit Financial Reports quarterly: October 30, 2009,
January 29, 2010, April 30, 2010 and July 30, 2010 for funding for 2009/2010. The report due
on July 30, 201 O shall be the year-end report. The VALE Board will provide Financial
Reporting Forms . Grant recipients are requi red to use th0se forms.
(4) The grant recipient is required to submit Program Reports on : January 31, 2009 and July
31, 2009 for funding for 2008/2009 . These reports must address any special conditions that
are listed In this contract. The report due on July 31, 2008 shall be the year-end report, It shall
show totals for the entire year and must address any special conditions th:it are listed In this
contract The VALE Board will provide Program Reporting Forms. Grant recipients are
required to use these forms .
• X .. I " I T A
Englewood Department of Safely Services 09-38 Reports shall be senl to: Tara Lassiter , Grant Evaluator VALE Board District Attorney's Otnce 7305 South Potomac Street, Suite 300 Ce nlennial, Colorado 80 11 2-4031
(720) 874-8608
(5) Failure to submit these required reports on the dates due may result in suspension of the
grant, termination of the grant, return of awarded funds or the loss of future funding by VALE .
(6) Special cond:tions for the award whic'1 have been stipulated between the VALE Board and
the grant recipient are as follows :
NONE
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(7) Any equipment purchased with VALE funds must remain with the granl recipient.
Equipment must be used for the purpose designated in the grant application. Any use by
others or transfer of ownership must be reported to the VALE Board , In writing, prior to the
occurrence of such use or transfer. The Board may approve such use or transfer or may
request return of the equipment. •
(8) 8Jri change tn the use of grant funds shall be approved by the VALL: Board . The request
for such change shall be in writing. Approval of the VALE Board shall be obtained prior to any
such use.
(9) Amendment of any other terms of this contract shall have prior approval of 11-.: Soard.
Requests for amendment shall be In writing.
(10) The grant reciplenl shall submit written nolilication by June 1, 2010 to the VALE Board if
lhe grant reclplenl will have any rema ining funds at the end of the granl period.
All unused funds shall be returned to the VALE Board unless the grant recipient makes a
request in writing for use of the funds beyond lhe grant period and such request has been
approved by the VALE Board.
Such requests shail include:
The amount of remaining funds
How the funds w1'1 be used
When the funds will be expended
Why lhe funds were nol expended. •
I. Lc)ucrishin A. Ellis, Cuy Clerk of the Cny of Englewood, Colorado, hereby cenify 1h01 the • above nnd foregoing is a true copy of a 8111 for an Ordinance. i111roduccd, read in fi.,I , nnd passt-d on first reading on the Isl day of June, 2009 Lc)ucrishia A. Ellis
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• Englewood Department of Safety Services 09-38
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Upon receipt of the request, the VALE Board shall decide whether to grant or deny the request w,thout further presentation or hearing. (11) The grant recipient agrees that all funds received under this grant shall be expended
solely for the purposes stated above and that any funds not so expended, inc luding funds lost
or diverted to other purposes, shall be 1epald to the VALE fund.
( 12) The grant recipient agrees lo comply with tfie letter and spirit of the Colorado Anll-
discriminat10n Act of 1957, as amended, and other applicable law respecting discnminalion
and unfair employment practices (C.R.S . Sec. 24-34-402) and required by Executive Order,
Equal Opportunity and Affirmative Action, date April 16, 1975.
(13) Non-compliance with this contract may include failure to submit reports. making
unapproved changes to the budget, performance failures or adherence lo special conditions.
Non-compliance with any portion of this contract may result In:
Suspension of grant funds .
Termination of grant
Withholding of funds
Requiring grant recipient lo return money to the VALE fund
Other action as deemed necessary by the members of the VALE Board
Any combination of the above.
(14) All grant recipients shall make available to the Board or ils authorized designee all current
books, records , procedures or olher lnfnrmation relative to the grant application and
Implementation.
(15) The funds granted by this contract for Victim Services shall be disbursed in quarterly
installments pending VAL E Board approval of all required reports and verification of expenses .
The funds granted by this contract for equipment may be dispersed by a single payment for
the full amount, pending VALE Board approval or all required reports and verification or
expenses .
Englewood Depanment of Safety Services 09-38 The gran t recip ient. th rough the following signatories. understands and agrees tha t any VALE mo ni es rece ived as a res ul t of the awarding of the grant app lication shal l be subject to th e terms of th is contract.
Pro1ect Director
Tom VanDermee, Police Chief
Financial Officer
Frank Gryglt!wicz , ~·/AS Director
Authorizi ng Offici al
Gary Sea rs, Ci ty Man a 9 er
Adrian Uneli
Chair, VALE Board
Date -----------
Date _________ _
Date ________ _
Date ________ _
Authorized Off1C1al. The authorized ofhclal Is the person who ,s, by virtue of such person's positron, authorized to
enter Into contracts for the grant recipient
This could Include: Mayor or City Manager, Chairperson of the County Comm issioners, D,stricl Allorney, President
or Chairperson or the Board of Directors, Superintendent, or other Chief Executive Officer.
Flnanc,al Officer. The person Is responsible for all nnenclal matters related 10 the program and who has
responsibility for the accounting, management or funds , verification of expenditures, audit Information and fonanc,al
repoos. The person who actually prepares the finical reports may be under the supervision of the Flnancial
Officer The Flnanclal Officer must be a person other than the Authonzed Offoclal or the PrOjecl Director
protect Oirecior The person who has d~cct responslbdoty for the ,mplementahon or the pro,cct Thos person
ShOuld oombtne knowledge and experience tn the pro,ed area wolh abihty to admonoster the pr()Jeci and supervise
personnel. He/she shares responslbo111y wolh the ftnanoal Office for seeing that all expendotu,es are wolhon tne
apl)(oved budget Thts person woll normally devote a maior portion of his/her tome to the l)(0ject and ,s responsible
for meeting all reporting requoremenls The Pro1ec1 Director must be a person olhor than the Authorized Offoc,al or
the F,nanc,aJ Otrocer
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ORDINANCE NO. SERIES OF 2009 BY AUTl IORITY COUNCIL BlLL NO. 22 INTRODUCED BY COUNCIL MEMBER WlLSON AN ORDINANCE APPROVING AND AlmlORIZING THE EXECUTION OF THREE INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS (CDBG) FOR TIIE YEAR 2009
BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISS IONERS AND TIIE CITY OF
ENGLEWOOD, COLORADO.
WHEREAS, the City Council of the Ci1y of Englewood approved the execution of an
Intergovernmental Agrecmcnl between the City of Englewood and Arapahoe Coun1y by passage
of Ordi1UU1cc No. 13, Series of 2006, covering the City's participation in the Arapahoe County
CDBG Entitlement Program for funding years 2007 through 2009; and
WHEREAS, the Englewood City Council passed Rcsolutio.n 71, Series of 2008, supporting
Housing and Community Development that authorized submitting an application for 2009 CDBO
funding; and
WHEREAS, the project by the City of Englewood known as the ''Homeowner Fix-Up
Project" has been ca1egorizcd as a hou.~i.ng rehabilitation projec1 for low-income owner-occupied
homes within designated neighborhoods in the Ci1y; and
WHEREAS, the project by the City of Englewood known as the "N 1'1hwcst Englewood
Sidewalk Project Phase O" has been categorized as a public infrastruct .re project, that will
install approximately 4 blocks of sidewalk in the northwest Englewood residential area along the
cast side of South Zuni Street from Wcs1 Evans south to Wcs1 C.srian Avenue; and
WHEREAS, the projec1 for the House of Hope Project has been categoriud as a public
service act,vny 10 assist with s1affing for employees.
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNClL Ofl THE CITY OF
ENGLEWOOD, COLORADO. TIIAT:
~ The Subgrantee Agrccmcnt for the 2009 Arapahoe County Community
Development Block Grant-Homeowner Fix-Up Project, attached hereto ns Exhibit A, is hereby
accepted nnd approved by the Englewood Ci ty COW1Cil.
~-The Subgrantee Agrccmc111 fo r the 2009 Arapahoe County Community
Development Block Grant -Northwest !Englewood Sidewalk Project Phase ll. auachcd hereby as
Exhihit 8," hereby occepled and approved by the Englewood City Council.
~-The Subgrantee Agrccmcnl for 2009 Arapahoe County Comrnw,ity Development
Block Grant -I louse of Hope Project, al~1chcd herelo as fahibi t C, is hereby accepted and
approved by the Englewood City Council.
~-Pmsuan1 10 An,clc V, s~uon 40, of the Englewood Home Ruic Chaner, the C11y • Council has de1cnruned that Exhiblls A, Band C, auachcd 10 1h1s Ordinance. shall not be published because of their size. Copies are nvnilable in the Office of the Englewc:>od City Clerk. ~-TI1c Mayor and City Clerk arc hereby authorized 10 sign and n11cs1 said Agrecmcn!S for and on behalf of the City of Englewood. Colo~do. ~-The City Manager shall be authorized 10 further extend the subgrantee agreements for the 2009 Arapahoe County Community Devclopmcnl Block Grant Program as needed.
Introduced, read in full, and passed on first reading on the 18th day of May, 2009.
Published IS a Bill for an Ordinance in the City's official newspaper on the 22nd day of May,
2009.
Published IS a Bill for an Ordinance on the City's official website beginning on the 20th day of
May, 2009 for thirty (30) days.
Read by title and passed on final reading on the I" day of June, 2009.
Published by title in the City's official ne\vspaper as Ordinance No._, Series of 2009, on
the 5th day of June, 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 of the Ordinance passed on final reading and published by
title as Ordinance No.__, Series of 2009.
Loucrishia A. Ellis
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• SU BGRANTEE AGREEME T FOR ARA PAHOE COUNTY COMMU ITY DEV ELO PMENT BLOCK GRANT FUNDS SUBGRANTEE: CITY OF ENGLEWOOD PROJECT NAME: HOMEOWNER FIX-UP PROJECT NUMBER: ENBS 911 This Agreement is made by and between the Board of County Commissioners of the County of ~ahoe,
State of Colorado, for the Community Development Block Grant Program in the Community Roources
Department (hereinafter referred to as the County} and the City of Englewood (hereinafter referred • as the
SubGrantcc} for the conduct of a Community Development Block Grant (CDBG} Project.
I. PURPOSE
The primary objective of Title I of the Housing and Community Development Act of 1974, llS ancnded,
and of the Community Development Block Grant (CDBG) Program under this Title is the developnent of
viable uroan communities, by providing decent housing, a suitable living environment and ex,anding
economic opportunities, principally for low and moderate income persons,
The project by the SubG11111tee known as the Homeowner Fix-Up Project (Project) has been categcrized as
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a Housing Rehabilitation project and the S.ubGrantee will maintain documentation with the national
objective of Low/Moderate Income Housing activities.
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The SubGruntec may proceed to incur costs for the Project upon receipt of an official "Notice to Jroceed"
from the County.
D. WORK TO BE COMPLETED BY T H.E SUBGRANTEE
The follov.1ng provisions outline the scope of the worlc to be completed:
The s~~runtce will utilize CDBG funding to provide grants to income elig,ble homeowner, for exterior
home im.110vements. The intent of the project is both to improve Englewood's existing housing stock, as
·1••JI as improve the visual appearance of deteriorated neighborhoods. Typical improvements may include
(but nr· O'll necessarily limited to) paint, siding, windows, roofs, and xeriscaping,
A. Payment
lt ts expressly agreed and understood that the total amount lo be paid by the County under this
contract shall not exceed $65,000. Drawdowns for the payment of eligible expenses shall be made
against the line item budgets specified in the Project Budget and in accordance with pcrfonnance
criteria established in Section 11-C. The parties expressly recognize tl1at the SubGrantce is to be
paid with COBO funds received from the federal government, and that the obligation ofthe County
to make payment to SubGrantee is contLngcnt upon receipt of such funds. ln the event that said
funds, or any part thereof, arc, or become, unavailable, tl1en the County may immediately 1c1minate
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or, amend this agreement. To 1hc extent C R.S. § 29-1-110 1s opphcable, any finandal obligation of the County to the SubGrantee beyond the current fiscal year is nlso contingcnl upon adequate funds • being appropriated, budgeted and otherwise available. Upon expiration of this Agreement, as identified by the deadline in Section 11. C. 3. below, the SubGrantee shall transfer to the County any CDBG funds on hand at the time of expiration and any accounts receivable attn'butable lo the use of CDBG funds. These transferred funds shall revert to the County and be u1ilized for other purposes. B. Timeline
All Project activities will be completed by May 31, 2010 unless this Agreement is modified by
mutunl agreement of the County and SubGrantec.
C. Performance Criteria
In accordance with the funding application submitted by the SubGrantec for the Project, the aiteria
listed below arc lo be met during the cxecution of the Projecl
I. Quantifiable Goals;
The SubGranlec will provide grants lo renovate the exterior of fifteen (I 5) owner
occupied homes to income eligi'ble Englewood homeowners. Grants arc not lo exceed •
$4,000 each, and will require a 20% match from each homeowner.
All improvements funded under this grant arc lo be perfonned in compliance with
applicable local or industry codes ~d standards.
2. Community Impact:
Affordable housing -stability and housing quality
3. Quarterly Performance Standards:
June 30, 2009:
No requirements established
September 30. 2009:
Market program, interview potential clients
December 31, 2009 ;
Continue to market program, interview potential clients
Provide four (4) renovation grants
March 31. 2010:
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• l111crv1cw potential clients Provide six \6) renovation grn ms May3l.201 0: Provide five (5) re novat ion !,'Tants Cumulative total offifteen (I 5) grants Complete all renovati ons funded by project Submit final drawdown and completion report to County D. Reportin g Requirements
1. Project reports wi ll be due within fifteen days fo ll owing the end of ea ch cal endar year
quarter (J une 1 lo September 30 report is due October 15; October 1 to December 31
report is due January 15; January I to March 31 repo rt is due Ap ri l 15; and the final
completion report is du e Mey 31) until the Project is co mpleted .
2. The official annua l aud it and/or Financial Statements for the SubGrantee in which bo th
revenues and expen ditur es for the CDBG Projects described here in are detailed are due
ann ually . The las t r.o mp leted official annual au dit report and/or Financial Statements
shall be due on Mey 31, and for four ( 4) years thereafter on May 31 .
E. Labor Sta ndard s (D avis-Bacon}
• Project activities do not require comp liance with federal labor standards (Davis-Bacon) as it is
11xempt (i.e ., public service activity, single family home rehabi litation, purchase of materia ls, or
oth er acti vity that has been determined exempt from federal labor standards).
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F. Lea d Base d Pai nt Reg ul ation s
If the activity involves any construction, d(.molition , rehabilitation, or any ac tiv ity re lated to a
building, and the buil ding was built in 1978 or prior , Lead Based Pain t Laws and Regu lations
apply, as established in 24 CFR Parts 35 and 570 .6 08. If the SubGrantee does no t follow and
ciocumcnt Lead Based Paint Lnws and Regulation compliance, the SubGrnntee will not be eligible
for reimbursemenl
G . Env ironm ental Rev iew
Notw ithstanding any provis ion of this Agreement, the parties hereto agree and acknowledge that
this Agreement does not constitute a commi tment of fun ds or si te approval, and tha t such
comm itment of fu nds or approval may occur on ly up on sa tisfactory completion of cnvironmcnlal
re view and receipt by Arapal1oe Cow1ty ofa re lease of funds from the U.S. Department of Hous ing
and Urban Deve lopment under 24 CFR Part 58 . ·nie paJ1ies further agree that the provision of any
funds to the project is conditioned on Arapahoe County's determination to proceed with , modify , or
cancel th e project based on the results ofa subsequent environmental review .
H. Uniform Rclocnlion Acl (URA) It has been dc1cnmned that no action wider the Unifonn Relocation Act (URA) is necessary. tn. RESPONSIB IL!TtES O F THE SUBGRANTEE A. Federal Compli nnce The SubGrantee shall comply with all applicable federal laws, regulations and requircmenlS, and all provisions of the grant agrccm;.1~ received from the U.S. Depanment of I.lousing and Urban
Development (HUD) by the (',aunty. 'T11esc include but are not limited lo "C.mpliance with the
provisions of the Housing and Community Development Act of I 97 4 and 1111 rules, regulations,
guidelines and circulars promulgated by the various federal departments, agenci..;;, administrations
and commissions relating to the CDBG Program. A listing of some o f the applicable laws and
regulations are as follo ws :
I. 24 CFR Part 570;
2. 24 CFR Parts 84 and 85;
3. Title VJ of the Civil RighlS Act of 1964;
4. Title Vlil of the Civil Rights Act of 1968;
5. Sections l04(b) and 109 of the Housing and Community Development Act of 1974;
6. Fair housing regulations established in the Fair Housing Act, Public Law 90-284, and
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Executive Order 11 063;
7. Section 504 of the Rehabilitation Act of 1973; (-b
8. Asbestos guidelines established in CPD Notice 90-44;
9. The Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39;
I 0. Equal employment opponunity and minority business enterprise regulations established
in 24 CFR part 570 904;
11. Section 3 of the Housing and Urban Development Act of 1968;
12. Non-disaimination in employment, established by Executive Order 11246;
13. Lead Based Paint regulations established in 24 CFR Parts 35 and 570.608;
14. Audit requirements established in 0MB Circular A-133; and
15. Cost i,,inciples established in 0MB Circulars A-87 and A-122.
16. Conflict of Interest:
(a) Applicability. In lbe procurement of property and services by parti cipating
junsdiction, State recipients, and subrecipients, the conflict of interest provision in
24 CFR 85.36 and 24 CPR 84.42, respectively, apply. 1n all cases nol governed by
24 CPR 85.36 and 24 CFR 84.42, the provisions of this section apply.
(b) ContliclS prohibited. No persons desaibcd in paragraph (c) of this section who
exc. ;ise or who have exercised any functions or responsibili ties with respect to
activities assisted with COBO funds or who ore in a position to participate in a
decision malting process or gain inside information with regard to these activities,
may obtain a financial interest or benefit from a CDBG-assisted activity, or have an
interest in any contract, subcontract or agreement wiU, respect thereto, or the
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proceeds there under, either for themselves or those with whom they have forniiy or business ties, dunng their tenure or for one year thereafter. (c) Persons covcrc:d. The conOict of interest provisions of paragraph (b) nf this section apply to any person who is an employee, age.,t, consultant, officer or elected official or appointed official of the participating jurisdiction, State recipient, or subrccipicnt which are receiving CDBG funds. (d) Exceptions: Threshold requirements. Upon the written request of the participating jurisdiction, HUD may grant an exception to the provisions of paragraph (b) of this section on a case-by.case basis when it determines that the except; n will serve to further the purpose of the CDBG Investment Partnership Program ·d the effective
and efficient administration of the participating jurisdiction's p• , P-or project
An exception may be considered only after the participati ·•~ jwisdirtion has
provided the following:
(I) A disclosure of the narure of the conflict, ar.companied b.v an IISSll'BnCC that
there has beeu public disclosure of the conflict ttnd a desu ,; ion r,f how the
public disclosure was made; and
(2) An opinion of the participating jurisdiction's or Slaw recipient's attorney
that the interest for which the exemption is sought would not violate State or
local law.
(e) Factors to be considered for exemption. In determining whether to grant a requested
exception after the participating jurisdiction has satisfactorily met the requirements
of paragraph (d) of this section, HUD will consider the cumulative effect of the
following factors, where applicable:
(' \ Whether the exception would provide a significant cost benefit or an
essential degree of expertise to the program or project which would
otherwise not be avail able;
(2) Whether the person affected is a member of a group or class of low income
persons intended to be the beneficiaries of the assisted activity and the
exception will permit such person to rec::ive generally the same interests or
benefits as are being made available or provided to the group o· class;
(3) Whether the affected person has withdrawn from his or her functions or
responsibilities, or the decision making process with respect lo the specific
assisted activity in question;
(4) Whether the int=t or benefit was pres•·'lt before the affected persoo was in
a position as described in paragraph (c) of this section;
(5) Whether undue hardship will result either to the participatina jurisdiction or
the person affected when weighed against the public interest served by
avoiding the prohibited conflict; and
(6) Any other relevant considC111tion~
(I} Owners and Developers.
(!) No owner, developer or sponsor , lrojecl assisted with COBO funds (or
officer, employee, agent, elected c,. .ppointed official or consultant of the
owner, developer or sponsor) whether private, for-profit or non-profit
(including a community housing development organization (CHDO) when
acting as on owner, developer or sponsor) may occupy a CDBG•assistcd
a:Tordablc housing umt m a project. 11us provtsaon does nol appl} to an individual who recaves CDBG funds lo acquire or rchobahlllle his or her • pnncapal residence or to an employee or agent of the owner or developer of a rental housing project w!,o occupies a housing unit as the proJccl manage:-or mai~lcnancc worker. (2) Exccptio,as. Upon written request of a housing owner or developer, the participating jurisdiction (or Stale recipient, if aulhoriwd by the State participating Jurisdiction) may grant an exception to the provisions of paragraph (f) ( 1) of this section on a case-by-case basis when ii detennines that the exception will serve to further the purpose of the COBO program
and the effective and efficient administration of the owner's or developer's
CDBG--assistcd projecl In determining whether to grant a requested
excephon, the participatingjurisdiction shall OOMider the following factors:
(i)Wbcther the person receiving th.e bcllefit is a member of a group
or class oflow-income persons intended to be the beneficiaries of the
assisted hol!Sing, and the exception will permit such person to
receive generally the same interests or benefits as are being made
available or provide to the gr. up or class;
(ii)Whethcr the person has withdrawn from his or her functions or
responsibilities, or the decision making process with respect to the
specific assisted housing in question;
(iii) Whether the tenant protection requirements of Sec. 92253 are
being observed; •
(iv) Whether the affirmative marketing requirements of Sec. 92.351
are being observed and followed; and
(v) Any other factor relevant lo the i,:rticipatmg jurisdiction's
detcnnination, including the timing of the requested m:q: lion.
Add111onally, i:n occordancc with 24 CFR Part 570, no employee, official,
agenl or consultonl of the SubGrantec shall exercise ony function or
responsibihty in which a conflict of interest, real or oppurent, would wise.
17. TI1c SubGr,,• .• ~ cannot engoge in a federally funded contract with any entity
registered in the Lists of Parties Excluded From Federal Procurement or
Nonprocurcm~nl Pro.grams .
8. Non-Appropriations Clause
The SubGranlec agrees tha1 it will mclude in every contract it entm, which relies upon CDBG
monies for funding, a non-appropriation clause that will protect itself, and the County from any
liability or responsibility or 1111y suit whi:~ might result from the discootinuance of CDBG funding
for any reason. Because this SubGrnntec Agreement involves funds from a fcd.:ral grant, 10 the
extent tl1ere is a conflict the funding provisions of this SubGranlec Agreement, the fcdcrol grant and
the federal starutes control rather tl1on the provis,ons of Section 24-91-103.6, C.R.$. with regord to
any public work projects ,
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C. fapcndlture Restricti on s All CDBG funds that arc approved by HUD for expenditure under the Counti's grant agrccn1~"0l, mclud111g those that arc identified for the SubGrantcc's l'roJCClS and activities, shall be allocated lo the specific proJCClS and acuvilics described and listed m the grant ogrcemcnlS. The all<>catcd funds shnll he used and expendc I only for the projects and activities for which the funds ore 1dcn11ficd. D. Agreement Changes No projects or activities, nor the amount allocated therefore, may be changed without approval by
the County and acceplancc of the revised Final Statement and/or Consolidated Plan by HUD, if
required. rhnngcs must be requested in wriUng and may not begin until a modification to this
Agreement is fully executed.
E . Direcl Project ~upervislon and Administration
The SubGrantec shall be responsible for the direct supervision and administration of its respective
projects or acuvitics. This task shall be accomplished through the use of the SubGrantce's stafl;
agency and employees. The SubGrantee 1hall be responsible for any injury to persons or damage to
property resulting ~m the negligent acts or CITOIS and omissions of its stafT, agents and empl oyees.
Because the SubG:antce is responsible for the direct supervision and administration of its projCCIS
or activities, the County shall not be liable or responsible for cost overruns by the SubGrantee on
any projects or activities. 171e County shall have no duty or obligation to provide any add itional
funding lO the SubGrantec if its projects or activities cannot be completed with the funds allocated
by the County to the SubGrantce. Any cost overruns ~hall be the sole responsibility of the
SuhGrantec.
I. The SubGrantce agrees that all funds allocated to it for approved projCClS or , v111ts
shall be used solely for Uic purposes approved b)• the County. Said funds shall ,ot be
used for any non-approved purposes.
2. The SubGrnn tee agrees t~. the fun,•.; allocated for any approved projects or activities
shall be sufficient to complete said projecl.! or activities witr.out any additional CDBG
funding.
F. Indemnity
To the extent nllowcd by law, the SubGrnntee shall ind~mnify and hold hannt::st the County and its
elected and appointed officials, officers, cmpioyces and agents from and against any and all losses,
dumages. liab1litics, claims, suits, actions or costs, including attorneys fees, made, asserted or
incun,-,d as a result of any dmnage or alleged damage to person or property occasioned by the acts
or omissions of SubGmntec, its officers, employees, agents, contractors or subcontractors, arising
out of or in any way connected with the ProJcet or the performance of this contract .
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G. Bonding and Insurance If the SubG11111tee's pro1ccts involve conslructim1 activities, ony Contractor ii uses for said acuvities shall be n:qu1rcd to provide 3lld mamuun, until final acceptance by lhe SubGrantee of all work by such Contractor, the kinds and mmimum amounts of insurance as follows: I. Comprcher.s1ve General Llab1hty: In the amount of not less than S 1,000,000 combined singlr limit. Coverage to include: a. Premises Operations b. Products/Completed Opctations
c. Broad Fonn Contractual Liability
d. Independent Contractors
e. Broad Form Property Damage
f. Employees as Additional Insured
g. Personal lnjwy
h. Arapahoe County and the SubGrantee as Additional Named Insured
i. Waiver of Subrogation
2. Comprehensive Automobile Liability: In the amount of not Jess than SI ,000,000
combined single limit for bodily injwy and property damage. Coverege to include:
a. ArapahoeCountyand theSubGrnnceeas additional Named lnSUR .'
b. Waiver of Subrogation
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3. Employers Liability and Workers Compensation: The Contractor shall ~e.111( •· ·J •
maintain employer's liability and Worker's Compensation lnsU11111ce that will protect
it against any and all claims resulting from injuries to and death of workers engaged
in work under any contrad funded pursuant to this agn,emcnL Coverage to include
Waiver of Subrogation.
4. All referenced msurance policies and/or certificates of insurance shall be subject to
the follo win g stipulations:
a. t 'ndcrwnteis shall have no rights of rcoovc:ry subrogation against Arapahoe
County or the SubG11111lec; ii being the intent of the parties that the insurance
policies so effectod shall protect the porties and be primary coverage for uny
and all losses oovered by the described insurance.
b. The clause entitlod "Other Insurance Provisions" ,tained in any policy
including Arapahoe County as an additional nam insured shall not apply
to Arapahoe County, or the SubGn,ntee.
c. The insurance companies issuing the policy or pohc,.:s shall have no
recourse against Arapahoe County, or the S1•oGrantcc for payment of uny
premiums due or for any assessments under any tbrm ~f any policy.
d. Any and all deductibles contained in any insu..,nce porcy shall be assumed
by and al the sole risk oflhc Contractor.
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C. Expenditu re RcSlric1io11s All CDBG funds thul arc approved by HUD for expenditure under the County's 1,•r.m1 u1,'l'CCl11enl, mcludmg those that ure 1dent1ficd for the SubGrantee's Projects and activities, shall be allocated to the spcc1fic pro,1ccts end activities described and listed in the grant agreements. The allocated funds shall be used and expended only for the projCCIS and activllies for which U1c funds arc 1dcnt1ficd. D. Agree ment Changes No projects or activities, nor the amount allocated therefore, may be changed without approval by
U1e County and acceptance of the revised Fmal Statement and/or Consolidated Phm by HUD, if
required. Changes must be requested in writing and may not begin until a modification to this
Agreement is fully executed.
E. Direct Proj ect S u pervision and Ad ministration
The SubGrantee shall be responsible for the direct supervision and administration of its respective
projects or activities, This task shall be accomplished through the use of the SubGranlCC's staff,
agency and employees. TI1c S:ihGrantce shall be responsible for any injury 10 persons or damage to
proj,cr.y resulting from .he negligent acts or errors and omissions of its staff, agents and employees.
Bec.,use the SubGrantr~ is responsible for the direct supervision and administration of its projects
or acti,,tic;, the Comity shall not be Liable or responsible for cost overruns by the SubGrantee on
any projects or a~•ivities. TI,e County shall have no duty or obligation to provide any additional
funding to the Sub(n"llltee if its projects or activities cannot be comrleted with the funds allocated
hy lhe Counly 10 the SubGrantce Any oost overruns shall be the sole responsibility of the
SubGrantee
I. The SubGrentee agrees that all fonds allocated tu it for •~proved projects or acuv1Ul'S
shall be used solely for the purposes approved by the County. Said funds shall not be
used for any non-approved purposes.
2. TI1c SubGrantee agrees that the funds allocal~'t:i for any approved projects or activities
shall be sufficient lo complete said omjccts or activities without any add1lional CDBG
funding.
~·. lnd cmnily
To the extent allowed by law, the SubGra, :tee shal l indemnify and hold harmless the County audits
elected and appointed officials, offircrn, employees and agents from and against any and all losses,
damages, liabilities, claims, suilS, clions or costs, including attorneys foes, made, usscrted or
incurred as n result of any damage or alleged damage to person or property occa51oned by the nets
or omissions of SubGranlee, ils officers, employees, agents, contractors or subcontractors, arising
out of or in any way coMected "~th the Project or the perfonnaoce oftl1is contrael
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Certtficatc of Insurance. TI,c Cuntructor ,hall nol commence work under any contract funded pursuant In 1lus Agn:cmenl w1til he ha.~ suhmtnt:d 10 the SubGrnnwe, received approval thereof, cc.:n1fica1cs of insurance showing lhnl he has complied with the foregoing msuranee requirements. The SubGmntcc shall also submu a copy of the Contractor's ccrtJfic.ites of insurance 10 the County 6. NotwithsUlndmg the provisions contained m this paragraph (H) set forth hereinabove, the County reserves the right to modify or waive said provisions for projects < r activities for which these provisions would prove pt ohibitive. The SubGrantce understands, however, that the decision to waive or modify those
provisions is fully within the discretion of the County.
In accordance with 24 CFR parts 84 and 85, the following bondmg requirements shall apply to all
projects exceedmg the simplified acquisition threshold (=cntly $100,000):
I. A bid guarantee from each bidder equivalent to 5% of the bid price;
2. A performan~ bond on the part of the contractor for 100% of the contract price; and
3. A payment bond on the part of the contractor for I 00% of the contract price.
H. R«ords
The SubGrantcc shall maintain a complete set of books and record~ documenting its use of CDBG
funds and its supervision and administration of the Project. Records are to include documentation
verifying Project eligibility and national objective compliance, as well as financial and other
administrative aspects involved in pcrformmg the Project. TI1e SubGrantee shnl l provide full
access to these books and records to the County, thr Secretary of HUD or his desi bfJee, the Office
of Inspector Genera~ and the Gcnernl Acoounting Office so tliat compliance with Fc-dcral laws and
regulations may be confirmed. Tiic! Sut>Gmntee further agrees to provide to the County upon
request, a copy of any audit reports pertaining to the SubGrantee's financinl operati ons during the
tenn of this AgrccmcnL All records pertaining to the Project arc lo be maintained fo r a minimum
of {ivc years following close-oUI of the Project.
I. Reporting
The SubGrantce shall file all reports and other mforrnation necessary to comply with applicable
Federal laws and re1,,uiations as required by the County and HUD. This shntl include providmg to
the County the infonnation necessary to complete annual Performance Reports in a timely foshion.
J. T imelin ess
11,e SubGrantee shall comply with the quurtcrly performance standards established in Section 11-C
of this Agreement The SubGnmtee understands that failure to oomply with tl1e established
standards may lend 10 a umccllntion oflhe Project and a loss of nil une~pcnded funds .
K. Reimbursement for Expenses
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The SubOruntce agr~ tha1 before the County cnn d1stnbu1c any CDBG funds 10 1t, tbe SubGrantce • 111us1 submit lo the County's Housing Md Communily Development Serv ices Division documcniation m the fonn required by that Division which properly nnd fully 1dcn111ics the amount which the SubGrantee 1s requesting at thnt time. The County shall have ten (JO) working days to review the request Upon npproval of the request, the County will distribute the requested Funds lo the SubGrantce as soon as possible. L. Program In come
All progrnm income directly denved from the Arapahoe County Cornmunity Develop,.. ,, lllock
Grant Program received by the SubGrantce will be retained by the SubGranlee and will be
dispersed for its approved CDBG Project adivities before additional CDBG funds are requested
from the Cow1ty. Following completion of the SubGranlcc's Arapahoe County CDBG Projects, all
program income directly generated from the use of CDBG funds will be re,mtted to the County.
M . Real Property
Real property acquired in whole or in part with COBO funds shall be utilized in a<XX>rdance with
the SCQpe .llld goals identified in Sections I and U o· this AgreemenL Should the property in
questio1 ' : sold or otherwise disposed of, or the approved property usage discontinued, the
SubGrantee wll adhere to the requirements of24 CFR Pans 84 or 85 (as applicable) regarding the
use w1d disposition of real property.
N. Stale and County Law Complia nce
All responsib1hllel-of the SubGranlee cnumernted herein shall be subjcct to applicable Stnle
statutes 1111d County ordinances, resolutions, rules, and regulations .
0. Subcontrn cts
If subcontracts nre used on the Project, the SubGrnnlee agrees thul Uic provisions of this Agreement
shul I apply to wiy subcontract
I'. Suspension or Termination
This Abtrcctnent may be immediately suspended or terminalcd upon written notificotion from tlte
County if the SubGmntec materially fai ls lo comply with any term of this Agreement. This
Agreement may al~o be t~11111n~tcd for convenience by mutual agreement of the County and the
SubGmntec.
Q. In the event that the Unit of Gcnernl Local Government should withdraw from the County's
"Urban County• designation, this Agreement shall tcnninnle as of the tcnn ination date of the
County's C0l1G grant Agreement with HUD.
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R. TI1c SubGrnmcc ceni lics 1hnt to the best of tis knowledge and hcltcf: I. No Federal orprop natcd funds have been paid or will be pmd, by or on behalf of 11, to any person for mnucncmg or attlmptm1 to mOuence llll oflica or temployc, , f any agency, a Memrn:r of Congress, an o fficer or employee of Congress. or ;u, employee of a Member of Cvngress m .;n nncction with the nwarding of nny Fcce--J' contract, the mnkmg of any Federal grant, the making of any Federnl loan, thl entering into of any cooperative a1,,rcement, and the ex tension, ee111inuation, renewal, amendment, or modification of any Federal r.ontraCI, gwit, lonn, or coopcrnlive agreement; and,
2. If any funds other than Federal appropriated funds hove been paid or will be paid t
any person for influencing or attempting lO influence an officer or employee of ~ny
agency, a Member of Congress, an officer or employce of Congress, or an ernpl"::'IX'
of a Member of Congress in connection witli this Federal contract, grant, loan , M
cooperative agreement., ii will complete and submit Standard Fonn-LL l
"Disclosure Fonn to Report Lobbyi ng," in accord ance wi th its in structions.
S. Dlsnllownnce
If 1t is dctennincd by HUD or other federal agency that the expenditure, in whole or in part, for the
SubGnntee's Project or activity was improper, inappropriate or ineligi bl e for reimbursement, then
the SubGrantee shall reimburse the County to the full extent of the disallowanoe.
T. Verifica ti on of Lawful Presence
The SubGranlcc shall be responsible for cnsunng compliance with C.R.S. Section 24· 76.5-103 by
verifying the lawful presence of all persons eighteen years of age or older who apply for any
benefits funded 111 whole or m pan by the grant fund~ that arc tl1e suhjoot of tins Agreement
SubGrnntec shall verify lawful presence m the manner required by the statute, utld shall provide
proof of compliance upon the request of Ilic County.
IV. RESPONS IBILITfES OF T HE COUNTY
A. Administrati ve Control
Toe Parties recognize nnd understand that the County will be the govemmental entity required lo
execute all grant agreements received from HUD pursuant to the County's reques ts for CDOG
funds. Accordingly, the SubGrantcc agrees that as to tis proJcci.s or activities pcrfonned or
conducted under any CDl30 agreement, 11,c Ci1J1ty shall have the necc.qs11ry administmhvc control
required to meet HUD requirements.
8 . Perfor ma nce and Co mpl.iancc Monitoring
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The Counti's odm1111S1rattsc <•hhgat1on, to the SubGrantce pur<ualll to paragraph A abo, c shall be limned to the pcrfonnuncc of the ud1111111strattvc wsks necessary to make CDBG fund s available to (!' the SubGramec und to provide I-lousing und Com mun ity Development Services std IT whose job it will be to momtor the vanous pmJccts funded witl1 CDBG monies to monitor compliance with apphcablc Fcd~'Till lnws and regulations. C. Reporti ng lO II UD The Count) will be responsible for seeing that all necessary reports and informauon required oftlie County are filed wah HUD and other applicable Federal ngcncics in a timely fashion.
V. EXT ENT OFTIIEAGREEMENT
This agreement, 11 ,~luding any documents attached as exhibtts which are hereby incorporated herein
by reference, represents the enti:e and integrated agreement between the County, and SubGrantee
and supersedes all prior ncgo'.lations, representations or agreements, either wrillcn or oral. Any
amendments to this agreemc-nt must be in writing and si~ed by both the County, and SubGrantcc.
If any ponion of this agreement is found by a court of competent junsdiction lo be void and/or
unenforceable, ii is the intent of the parties that the remaining portions of this agreement shall be of
full force and eITecl.
VJ. NOTICES
Notices to be provided under this Agreement shall be given in writing and either delivered by hand •
or dL'J)Os1u:d m the United Sllltcs mail witl1 sufficient postage to the addresses set fortlr
To the County: Arapahoe County A nomcy
5334 S. Prince Street
Littk1011, CO 80166
Arapnhoc County I lousing and Community Development Services
1690 W. Littleton Blvd., 11300
Littleton, CO 80120-2069
To the SubGmntcc: City ofEnglcwood
iOOO Enslcwood Parkw11y
Englewood, CO 80110
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In Wuncss Whereof. the Parties ha ve caused this Agreement lo be duly CAt.·cu tcd 1h1s _____ day of ___________ _,2009. SubGr.mt-e: CuyofEnglewood
Signature James I:. Woodward
Ma~o r
Title
Board of County Commissioners
Arapahoe County, Colorado
Don Klemme on behalf of the Board of County Comnussioncr.
Pursuan1 to Resoluuon #090191
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• PROJ ECT BUDGET
COLUMN A COLUMN B COLUMNC COLUMN D
Projcd Ac.llvflla bhnaltd To11I Cell of COBCFoMII OilMf t•ads Coll'llllln•
(spccl')i b)' lhu: hem) o\dlvltJ
""""'-I IS.000.00 SS.000 SID.000.00
Onllnu for E11crior· Renovations 110.000.00 160.000 00 m.ooa.oo
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TOTAL: m.oooaa S6S.DOO.DO tlD,D00.00
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In Wnm:ss Wh ereo f. lhe Pm11cs ha ve caused lh1s Agrem1cr,t to be du ly ex ecuted 1hu, _____ day of __________ _,2009. SubGrantcc. City of Englewood
Signature James IC Woodward
Mayor
Title
Board of County Commissioners
Arapahoe County, Colorado
Don Klemme or. bchcilf of the~ of County Commissioners
Pursuant to Rt.soluuon #0901 9i
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• UBGRANTEEAGRE EMENT F'OR ARAPAHOE COUNT Y COMMUNITY DEVELOPME 'T BLOCK GRANT FU OS SU BGRANTEE: CITY OF ENGLEWOOD PROJECT NAME: NORTHWF.ST E.NGLEWOOD SID EWALK PROJECT PHASE II PROJECTNUMBER: ENPF9l2 Tins Agreement 1s made by and between the Board of County Commissioners of die County of Allpahoc,
State of Colorado, for the Community Development Block Grant Program in the Communi1y Resources
Dcp:irtme::1 (hcrcmafier referred 10 as the County) and the City of Englewood (hereinafter referred 10 as the
SubGran1cc) for the conduct of a Community Development Blf'Ck Grant (CDBG) Project
I . PURPOSE
The primary objective of Title I of the Housing and Community Development Act of 1974, as 1UT1endcd,
and of the Commw1ity Development Block Grant (CDBG) Program under this Tille is 1he developmcnl of
viable urban communities, by prov iding decent housing, a suitable livin g environment and expanding
economic opportunities, principally for low and moderate income persons.
111e prtjcct by the SubGrantee know,i as the Northwest Englewood Sidewalk Project Phase U (Project) has
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been categorized as a Public Infrastructure project and lhe SubGrantec will maintain documentation with
the national objective of Area Benefit acti\ities.
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The SubGrnntec may proceed to incur costs for lhe Project upon receipt of an official "Notice to Proceed"
from the Coun1y.
11. WORK TO BE COMPLETED BY THE SUBGRANTEE
The followmg provisions oulhne the scope of the work to be complcterl:
The SubOrantcc will utilize CDBG funding to install or replace approximately 7,0C'IJ square feet of
sidewalk in a n:sidential neighborhood loca:ed on the east side of South,Zuni Strcct from approximately
Evans Avenue south lo Caspian Place north of the Alternative High School, in En~lewood, Colorado.
A, Pa yment
It is expressly agreed and understood tl1at the total amount lo be paid by the County under lhis
controcl shall not cxc<lt'd $60,000. Drawdowns for the payment of eligible expe11Ses shall be mode
against the line item l,udgets specified in the Project Budget and in accordance with perfonnance
criteria established in Section 11-C. The parties expressly recogn ize that the SubGrnntee is lo be
paid with CDBG funds received from the federal govemment, and that the obligation of the County
to make payment to SubGrnntee is contingenl upon receipt of such funds. In the event that said
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funds. or my p.1n thcrco1; ,re, or i>ecomc, unavailable, then the County may 1mmcchatc!~ termmatc ur, amend th,~ 11!,'fL'cmem, To the extent C " S. § 29· 1 • 1 JO 1s opphcabl~, any finuncinl ttbhgauon of • the County to the SubGrJnlL'C beyond the current fiscal year is also contint "I upon adcquutc funds be:ng o1ppropn,1tcd, budgeted and utherw1sc avoilable. Upon expiration of this Agrccmmt, as identified by the dcadhnc in Section II. C. J. below, the SubGrantcc shall 1rnnsfer 10 the County nny CDBG funds on hand at the lime of exp1rahon and any accounts receivable attributable to the use of CDBG funds. These tron~fcrred funds shall revert 10 the County and be utilized for other purposes.
8. Timclln c
All Pro1ect acuviues will be completed by May 31, 2010 unless this Agreement is modified by
mutual agreement of the County nnd SubGrantec.
C. Pcrfo rrmu1 ce C ri teria
In aec(ll'dancc with the funding application submitted by the SubGrantce for the Project, the criteria
listed below arc to be met during the execution of the Project.
I. Quantifiable Goals:
The SubGrantec will utilize CDBG funds lo install or replace approximately 7,000 square •
feet of sidewalk in a res1den1itl neighborhood located on the east side 1 'South Zuni Street
from approximately Evans AvMlu c south to Caspian Place north of tl,e Alternative High
School, in Englewood, Colorado. All construction is to be peJ·forrncd in accordance with
applicable industry and local code! md standards, as well as the Ametic:ms with
Disabilities Act (A ~A).
2. Communny Impact:
Acc=ibility -incrcuse public Bll:3 access, increase pedestrinn access
3. Qunrterly P1:1forrnw1ce Standards:
June 30, 2009:
No requirements established
September 30, 2009:
Prepare bid pnckage
Select contrnctor
December 3), 2009 :
Begin construction and testmg (depending upon weather)
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March Jl. WJO, C'-0nunue consuucuon and tesung May 31. ~Q I 0. Complete COllSll'UClion and lesltng Submit final drawdown and completion repon In County O. Reporting n e11uircmcnts 1. Project reports will be due within fifteen days following the end of each calendar year
quarter {June I to September 30 report is due October IS; October 1 to December 31
report is due January IS; January 1 to March 31 report IS due April 15; and lhe finel
oompletion report is due May 31) until the Project is completed
2. The oflictal annual audit and/or Financial Statements for the SubGrantee in which both
revenues and expenditures for lhe CDBG Projects desaibcd herein are detailed are due
aru1ually. 11,e las1 completed official annual audit report and/or Financial Sta tements
shal l be due on May 31, and for four ( 4) years thereafter on May 31.
E. Lat.or Standards (Onls-Bacon)
ProJcct activities require compliance with federal labor standards (Davis-Bacon). SubGranlee is to
contact Arapahoe Coun'y Housing and Community Development Services Division staff for
information regarding fcdc:rnl labor standards oompliance pnor to bidding lhe Project. SubGrantee
shall comply with all applicable federal labor standards.
F. Lead Bas~d Pain t Rr:;u latlo ns
If the activity involves uny consuuction, demolition, rc11abilitation, or any activity related to a
building, and the buildmg was built in 1978 or prior, Lead Based Paint Laws and Regulations
apply, as established in 24 CFR Pans 35 and 570.608. If the SubGruntec does nol follow and
doeumenl LeaJ Based Paint Laws and Regulation compl iance, the SubGrantee will nCI! be el igible
for reimbursement.
G. Environmentnl Review
Notwithstanding any provision of this Agreement, the panics hereto agree and acknowledge lhal
this Agreement docs not constitute a commitment of funds or site approval, and that such
oomm1tmcnt of funds or approval may occur only upon satisfactory completion of environmmtal
review and receipt by Arapahoe County of a release of funds from 01c U.S. Dqmtment ofHou.~ing
and Urban Development under 24 CFR Pan 58. The parties further agree that 01e provismn of any
funds to tl1e project is condifoned on Arapahoe County's determination LO prooced with, '.Alify, or
cancel the project based on the results of a subsequent envirorunental :eviev· .
II. Uniform R(•tuc111ion Act (U RA )
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h has hc~n de1cnnmed 1hm no action under the Un1fonn Rclt,catmn Act (URA) 1s ncccssnr)'. • 111. RESPONSIB ILITIES OF Tl!E SU BGRANTEE A. federal Co mplinn ce The SubGrantee shall compl)' with all applicable federal laws, regulations and rcquiremenlS, and all provisions of the gran t agri'tllTlcnts received from the U.S. Department of Housing and Urban Development (HUD) by the Counly. These include bul are not li mited to compliance with tl1e
provisions of the Housing and Commumty Development Act of 1974 and all mies, regulations,
guidelines and circulars promulgatud by lhc various rederal departmen ts, agcncic.~. adminislnltions
and commissions relating to the CDBG Program. A listing of mmc r-f thr. aoplicuble laws and
regulations are as follows:
I. 24 CFR Part 570;
2. 24 CFR Parts 84 and 85;
J. Title VI of the Civil Rights Acl of 1964;
4. Title vm of (he Civil Right~ Act of 1968:
5. Seclions 104{b) and 109 of the Housing .i., • .:Ommunity Development Act of 1974;
6. Fair housing regulauons established in the Fair Housing Act, Public Law 90-284, a!lll
Executive Order 11 '.l·,1;
7. Section 504 oflhc Rclnbilitation Act of 1973;
8. Asbestos guideline, "Wb hshcd m CPD Notice 90-44; •
Q, The Energy Policy a• .1 wnservation Act (Public Law 94-163) wid 24 CFR Part 39;
10. Equal cmplo)mcnt opponuruty and mmoritybJ~iness entaprisc regulahol\S eslablished
m 24 CFR part ~70.904;
11 Section 3 of the 1-lousmg and Urban Dcvelopnu::il Act of 1968;
12. Non-d1scnm11101ion m cmploymcn~ estnblishcd by Executive Order 11246;
13. Lead Based Point regulation, established in 24 crq, Pai1s 35 and 570.6fS;
14. Aud11 rcquin.,ncnts established in 0MB Circular -133; and
15. C(lst pn nciplcs established in 0MB Circulars A·' I •nd A-121.
16. ConOict oflntcrcst:
a) App/icab1/lry.
(I) In the procuremcnl of supplies, equipment, conN11, c•ion, and s~-rviccs by
the County and by the SubGranlcc, the conflict of ll'lcre',1 provisions m 24
CFR 85 .36 nnd 24 CF R 84.42, respL'Ctively shall ar.ily.
P) In nil cru,cs not governed by 24 Cl'R 85 36 and 84 42, the provi~ions of
24 !'FR 570.bl I (2) shall npply. Such ca.;es include the acqu1sit1on and
disp,1siti on of real propr:ty and the provision of asristancc !Jy the C(lunty
01 by 11.s Subl'.ir,mtccs to individuals, businesses, nnd other privnle cnlities
under eligible activities that aulhorizc such assistance (e.g., rehabilitation,
preservation, ~nd other improvements of private properties or facilities
pursuant 111 24 CFR 570 202; or grants, loans, and othL-r assistnncc to •
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d)
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businesses, mdiv1duals, and other pn• 1tc cnti ucs pursuant to 24 CFR 570.203, 570.204, 570.455, or 570.703 (i)). Con/hers prohib11ed The general rule 1s that persons described in paraf.'l'tlph (c) of this secti on who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part, or who are 1n a position to participate in a decision-making process or gain inside infonnation with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, either fo r themselves or those with whoin they have business or immediate fami ly h e!l, during their tenure or for one year thcrea.fter.
Pusons covered. The conflict of interest provisions of paragraph (b) of
this section apply to any person who is an employee, agent, consultant,
officer, or elected official or appointed of!icial of the County, or any
designated public agencies, or of the SubGrantee that arc rcceiveing funds
under this part.
Exceptions. Upon the written request of the County, HUD may grant an
exception to the provisions ofp,r agroph (b) of this section on a case-by-case
basis when ii has satisfactorily met the threshold r. quirements of (d)(I) of
this section, talcing into account the cumulative effects of paragraph (d)(2) of
this section.
(I) Threshold requirements. lful) will consider an exception only after
the County bas provided the following documentation:
i. A disclosure of the nature of the conflict, accompanied by an
assurance that there has been public disclosure of the conflict and
11 description of .. ow the public disclosure was made; and
ii. An opinion of the County's attorney that the interest for which
the exemption is sought would not violate State or local law.
(2) Fac,ors to be considered for exceptions. In determining whether to
grant a requested exception after the County has satisfactorily met the
requirements of paragraph (d)(!) of this section, HUD shall conclude that
such an exception will serve to further the purposes of the Act and the
effectivt and efficient administration of the County's program or project,
talcing into account the following facto'"S, as applicable:
i. Whether the exception would provide a significant cost benefit
or an essential degree of expertise to the program or project that
would othCtWise not be available;
ii "'hether an opportunity was pm•ided for open competitive
01dding or negotiation;
1ii. Whether the person affected is a member of a group or class of
low-or moderate-income persons intended lo be the
beneficiaries of the assisted actiVlty, and the exception will
permit such person to receive genera!ly the same interests or
benefits as are being made available or provided to the group or
class;
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I\ WheU1cr 1he afTectcd pt.'l'SOn has withdrawn from h1s or her funcuon~ or rcspons1bih11es, or the dcci~10n making process ",th • respecl to the specific assisted ac~vity m quesllon; v. WhcU1er the 111tcrest or benefit was present before the affected person was in a position as described in paragraph (b) of this secuon; vi. Whether undue hardship will result either 10 the County or the person affected when weighed against the public interest served by avoiding the prohibi led confl ict; and vii. Any other relevant considerations.
17. The SubGrantee cannot engage in a federally funded contract with any eutity
registered m the Lists of Parties Excluded From Federal Procurement :,r
Nonprocurcmcnt Programs .
B. Non-Ap propriatio ns Clause
The SubGrantce agrees that 11 will include in every contna it enters, w~ .. 1 relies upon CDBG
monies for fundmg. a non-appropriation clause that will protect itsel f. .Kl the County from any
liability or responsibility or any suit which mi ght result from the disconti nuance of COBO fun ding
for any reason. Because this SubGrantce Agreement involves fund s from a federal grant, to the
extent thete is a conflict the funding provisions of this SubGmntee Agreement, the federal grant and
the federal statutes control rather than the provisions of Section 24-91-103.6, C.R.S. with regard to
any public worlc projects.
C. Expe ndi tur e Restrictions
All CDBG funds that are approved by HUD for expenditure under the Coun1y's grant agreement,
;ncl ud mg those that are cdc:nu fied for the SubGrantee's ProJccts and activmes, shall be allocated to
the specific projects and acuvities described and listed in the granl agreements. TI1e allocated funds
shall be used and expended only fo r the projects and activities for whiLn the funds are identified .
D. Agree men t Changes
No proJccts or aclJV1ties, nor 1he amount ulloca lcd therefore, may be changed without approval by
the County and accep tance of the rcviS<.>d Final Statement and/or Consolidated Plan by HUD, if
rcq·Jinxl Changes musl be requested in writing and may not begin until a modification to this
Agreement is fully executed.
E. Direct Project Supervision nnd Ad ministrution
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The SubGrantee shall be responsible for the direct supervision and administra1ion of its rcspecave
projects or activities. This task shall be accomplished through the use of the SubGrantee's staff:
agency and employees. The SubGrantee shall be responsible for any injury to persons or damage to
property resulting from the negligent acts or errors and omissions of its staff, agents and employees.
Because lhe SubGra111ee is responsible for the direct supervision and adm inistra tion of its projects •
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or acu, 11,es, the County <hall not be hablc or responsible for cost o,'Cll'Uns by the SubGrantec on any proJecls or ,c11,1ues. The Count y shall have no duty or obhgauon to provide any additional funding to the SubGramcc 1f 11S proJCCIS or acuvmes cannot be completed with the funds allocated by the County to the SubCirantcc. Any :ost overruns shall be the sole responsibility of the SubGrantce. I. The SubGrantcc Bl,'l'CCS tl1al all funds allocated to it for npprovcd p!OJCCIS or activities shall be used solely for the purposes approved by the County. Said funds shall not he used for any non-approved purposes.
2. The SubGrantcc 81,'l'CCS that the funds allocated for any approved projects or activities
shall be sufficient to complete said projects or activities without any additional CDBG
funding.
F. In demnity
To the extent allowed by law, the SubGrantec shall indemnify and hold hannlcss the County and its
elected and appointed officials, officers, employees and agents from and against any and all losses,
darnages, liabilities, claims, suits, actions or costs, including attorneys fees, made, asserted or
incurred as a result of any d'Ullage or alleged damage to person or property occasioned by the acts
or omissions of SubGrantee, its officers, employees, agents, contracti,rs or subrontractors, arising
out of or in any way coMectcd with the Project or the performance of this contract.
G. Bonding and Insurance
If the SubGf'll!ltec's projects involve construction actJvitics, any Comnctor it uses for said activities
shall be required to provide and maintain, un:il final acceptance by the SubGrantec of all work by
such Contractor, the kinds and minimum ·mounL~ of insurance as folio" s:
I. Comprehensive General Liability: In the amount of not less thnn $1 ,000,000 combined
2.
single limit. Covcraso to include:
a. Premises Operations
b. Products/Completed Operations
c. Broad Form Contractual Liability
d. Independent Contractors
e. Broad Form Property Damage
f. Employees as Additional msurcd
g. Personal Injury
h. Arapahoe County and the SubGrantec ~ A<.ua r,ed Insured
i. Waiver of Subrogation
Comprehensive Automobile Liability: In tl1e amount of not less than Sl,000,000
combined single limit for bodily injury and pl'O;>erty damage. C.ovcrage to include:
a. Arapllhve County and the SubGrantee as oddi1io11ol Nnmed lnsored
b. Waiver of Subrogation
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3. Employt.-rs l.Job,hty and Workers Compcnsauon ; The Contractor shall secure and • mamtam empl oyer's hnbihty and Worker's Compensation Insurance that will protect 11 against uny and all claims rcsultmg from mJUrics lo and death of workers engaged in work under any contract funded pursuant to this agreement. Coverage to include Waiver of Subrogation. 4. All referenced insuran..c policies and/or ccrt1ficales of insurance shall be subject to the following stipulaltons: a. Underwriters shall have no rights of recovery subrogation against Arapahoe
County or the SubGrantee; it being the intent of the parties that the insurance
policies so effected shall protect cbe parties and be primary coverage for any
and all losses covered by the descn'lled insurance.
b. The clause entitled "Other Insurance Provisions" contained in any policy
including Arapahoe County as an additional named insured ~hall not apply
to Arapahoe County, or the SubGrantee.
c. The insurance companies issuing the policy or policies shall have no
recourse against Arapahoe County, or the SubGrantee for payment of any
premiums due or for any assessments under any fonn of any policy.
d. Any and all deductibles contained in any insurance policy shall be assumed
by and al the sole risk of the Con, -actor
s. Certificate of Insurance: The Contractor shall not commence work under any
contract funded pursuant to this Agreement until he has submitted to the •
Sut,Grantee, received approval thereof, ceitificatc·1 of insurance showing thal he has
complied with the foregoing insurance requirement,. The SubGrantee shall also
su';,mit a copy of the Contractor's certificates of insurance to the County.
6. Notwithstanding the provisions contained in this vru&graph (H) set forth
hereinabove, lhe County reserves U1e right to modify or waive said provisio~• for
projecls or activities for which !hcse provi~ions would prove prohibitive. The
SubGr:mtee understands, however, that the decision to waive or modify those
provisions is fully wilhm the discretion of the County.
ln accordance with 24 CF R parts 84 and 8S, the following bonding requirements shall apply lo all
projecis exceeding the simplified acquisition threshold (currently SI 00,000):
I A bid guarantee from each bidder equivalent to 5% of the bid price;
2. A performance bond on the part of the c:ontraclor for i 00% of the contmct price; nnd
3, A payment bond on the pw1 of the conlrnctor for I 00% of the contract price.
H. Records
The SubGrantee shall maintain a complete set of books nnd records documenting its use ofCDBG
funds and its supervision und adm inislration of lhe Project. Records arc to include documentation •
• vc:n fymg Pr,l.Jcci chg,!iihl} and nat,onal obJCCUVC compli ance 115 well a< financial and u:.het admmisu-atJ vc n,;pe.:1~ involved in performing the ProJCCt The SuhGmn1cc •hall pmvide full access 10 these books and records 10 th e Coun1y, the Secretary of HUD or h:s dcsi.:ne.:, the Office of Lnspcc1or Gct1L-ral, and the General Accounlmg Office so that compliance wilh Fed~ral laws and re!,'l!lations may be confirmed. The SuhGmntcc further agrees 10 provide 10 the County upon request, a copy of any audit reports pertaining 10 lhe SubGrantcc's finuncinl operations during the term of this Agreement All records pertaining to lhe Project arc 10 be maintained for a minimum offivc years following close-out of the Project. I. Reporting
The SubGranlec shall file all reports and other information necessary to comply with applicable
Federal laws and regulations as required by the County and HUD. This shall include providing to
the County the information ncccssary to complete annual Performance Reports in a timely fashion.
J. Timelin ess
The SubGramec shall comply with the quarterly performance standards established in Section 11-C
of this Agreement. The SubOrant« understands that failure to comply with the establi shed
standards may lead lo a cancellation of the Project and a loss of nil unexpended funds.
K. Reimbursement fo r Ex penses
• The SubGrantee agrees tl1at before the County can distribute any CDBG funds t<' 1(, the SubGrantec
must submit to the County's Housing and Community Development Services DiVISion
documentation m the fonn required by that Dh~s1on which properly and fully identifies the amount
which the SubGrantee is requesting at that time. The County shall have ten (10) working days to
review the request. Upon approval of the request, the County will d1 s111bute the requested funds 10
the SubGmntee as soon as possible.
L. Pr og rnm In come
All program income directly derived from lhe Arapahoe County Community Development Block
Grant Program received by tho SubGrantee will be retained by the SubGrantec and will be
dispersed for its approved CDBO Project activities before additional CDBG funds are requested
from the County. Following completion .-if tl1e SubGrantc.'s Ampal,oc Couniy CDBO Projects, nil
program incomedin:ctly generated from the use ofCDBG funds will be ren11lled to the County.
1\1. Real Property
Real property acquired m whole or m part with CDllG funds shall be ulllizcd in accordance w101
the scope and goals identified in Sections I and ll of this Agreement. Should the property m
question be sold or otl1crwisc disposed of, or the approved property usage discontinued , the
SubOrantee shall adhere to the rcquirL1nents of 24 CFR Parts 84 or 85 (as applicable) regard ing the
• use und disposition of real prope11y.
9
N. Stule and Coun1y Lal'I Compliance All responsibilities of the SubGrantcc cnumeraled herein shall he suhJect to applicable Stale stalutes and County ord inances:, resolutions, rules, and regulu11ons. 0. Subcontracts If subcontracts are used on the Project, the SubOrantec agrees thal the provisions of this Agreement shal l apply lo any subcontract,
P. Suspension or Termination
This Agreement may .e immediately suspended or terminated upon written notification from the
County if the SubGrantee material ly fails lo comply with any term of this AgreemenL This
Agreement may also be terminated for convenience by mutual agreement of the County and the
SubGrantee.
Q, In the event that the Unit of General Local Government should withdraw from the County's
"Urban County" designation, this Agreement shall terminate as of the tennination dale of the
County's COBO grant Agreement wit.'i HUD.
R. The SubGrantr.e certifies that to the best of its knowledge Wld belief:
I. No Federal appropriated funds have been paid or will be paid, by or on behalf ofit,
to any pen;on for influencing or uttempting to inn ucncc an ofliccr or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
emplo)')C of a Member of Congress in connection with the owardmg of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the
entering in10 of any cooperative agreement, and the extension, continuation,
renewal, amendmen•. or modification of any l'cdeml contract, grant, loan, or
cooperative agreemont; and,
2. If any funds other than Federal appropriated rur,rls have been paid or will be paid to
any person for innuencing or nltempting to ht ~nee 'Ill officer or employee of any
agency, a Member of Congress, an officer or em1 ,loyce of Congress, or an employee
of a Member o f Congress in connection with 1 ::~ Federal contract, grant, loan, or
cooperati ve ngrccmcnt, 11 will complete and smmit Standard Fonn-LU.,
'Disclosure Form to Repon Lobbying,' in accordance with its inslructions.
S. Disu llownnce
If it 1s dctcrm,ned by HUD or other federal agency that the expcnditurr, in whole or in pan, for the
SubGrantoc's Project or activity was improper, inappropriate or ineligible for reimbursement, then
the SubGrnntce shall reimburse the County to lhe full Mtcnt of the disallowance.
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• JV. RF'WONSIBILITIES OFTIIE C:OUJ\TY
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V.
A. Admin istrative Co ntrol The Puucs recogmze and understand that the County will be the governmental enuty required to execute ail grant agreements received from HUD pursuant lo the County's requests for CDBG funds. Accordingly, the SubGranlee agrees that as lo its projects or activities performed or conducted under any CDBG agreement, the County shall haw the necessary admimsuaove control required to meet HUD requ1remrms.
B. Performance and Compliance Monitoring
The County's administrative obligations to th, :ubGrantee pursuant to paragraph A above shall be
limi!Cd to the perfonnance of the administrative tasks necessary lo make CDBG funds available 10
the SubGramee and 10 provide Housing and Community Development Services staff whose job it
will be to monitor the various projects fun ded with CDBG monies to mo,1itor compliance with
applicable Federal laws ar,d regulations.
C. Reporting to HUD
The County will be responsible for seeing that all necessary reports and infonnation required of the
County arc filed with HUD and other applicable Federal agencies in a timely fashion .
EX'TfNT OF THE AGRE EMENT
This agreemen~ includmg any documents attached as exhibits which ore hereby incorporated herein
by reference, n.-presenL~ the entire and integrated agrccraent between the County, :id SubGrantcc
and supersooes all pri or negotiations repr~cntations or agreements, either written or oral. Any
amendments to this agreement must be io writing and signed by botl1 the County, and SubGrantce.
If any portion of this agreement is found by a coun of oom~cnl jwisd1C'jon to be void and/or
unenforceable, ii 1s the intent of the parties that the remaining portions of this agreement shall be of
full force and efTecL
VI. NOTICES
Notices le be provided under this Agreement ~hall be given in writing and either delivered by hand
or dcpos1led m the United States matl with r ,1fficicn1 postage lo the ad~resscs se: forth:
To the County: Arapahoe County Attorney
5334 S. Pnnce Street
Littleton, CO 80 I 66
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Arapahoe County Housmg and Community Development Services : 690 \V Lmlcton Blvd., 11300 • L1ule1on, CO 80120-2069 To the SubGrnn1ec: C11y of Englewood I 000 Englewood Parkway Englewood, CO 80110
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In Wnness Whereof, the Parti es have caused Ous Agreement to be duly executed this _____ day • of ____________ , 2009.
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SubGrantec: City of Englewood
Signature James K. Woodward
Mayor
Title
Board of County Commissioners
Arapahoe County, Colorado
Don Klemme on behalf of the Board of County Commissioners
Pursuant to Resolution #090191
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PROJECT BUDGET
COLUMN A COLUMNB COLUMN C COLUMN D
Projcd ACIMlla Ullrutd Total Cut of CDBGFHcb Other Fundi CofflllUUed
('!Mdftbr"--Adl\'lry
Celutnlctl0n/Da:tp a.nd 1es1.in1 160,000.00 !60,000.00 so --111,00000 so SlS.000.00
TOTAL: m.000.00 160,000,00 Sll,00000
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• SU BGRANTEE AG RE EM ENT FOR ARAPAHO E COUN TY CO MMUN IT Y DEYE LOPM E T BLOC K GRA.'lT FU OS SUBGRANTEE: CITY OF ENG LE WOOD PROJECT NAME: II OUS E OF llOPE STAFFING PROJECT NlJMBE R: ENPS 913 This Agrecmenl is made by nnd between the Board of County Commissioners of the County of ~oe,
Slate of Colorado, fo r the Community Development Block Grant Program in the Com:nnmty Rc0urecs
Depnrtmcnl (hereinafter referred to as the County) and the City of Englewood and Family Tic, Inc.
(hereinafter referred to as the SubG111ntee) for the conduct of a Community Development Blod Grant
(CDBG) Projecl.
I. PURPOS E
The primary objective of Title I of the Housing and Community Development Act of 19 74, as wicnded,
and of the Community Developmenl Block Grant (CDBG) Program under this Title is the developienl of
viable urban communities, by providing decent housing, a suitable living environment and e,qanding
economic opportunities, principally for low and moderate income persons .
The project by the SubGrantee known as the House of Hope Staffing (Project) has been categoritcd as 1
• Public Services project and the SubGrantee will maintain documentation with the national objl'Ctive of
Limited Clientele activities.
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The SubGrantec may proceed to incur costs for the Project upon receipt of an official "Notice 10 Jrocc.:d'
from the County.
II . WO RK TO BE COMPLET ED BY TH E SU BGRANTEE
The following provisions ou1linc the scope of the work to be completed:
The SubGrantee w,11 utihze CDBG funding to provide staffing at the House of Hope. which provides long-
lcrm shelter and supportive services for homeless fami lies. The site is located at 3301 S. Grart Stred,
Englewood, Colorado.
A. Pay ment
II is expressly agreed and undcr.;tood that the total amount to be paid by the Coun1y u"dcr this
contract shall not exceed $25,000. Drawdowns for the payment of eligibl e expenses shall be made
against the line item budgets specified in the Project Budget and in accordance wilh performance
criteriu establi shed in Section 11-C. The parties expressly recognize that the SubGrentee is to be
paid with CDBG funds received from the federal govemrncnt, and that tl1e obligation of the County
to mnke payment to S11bGron1ec is contingent upon receipt of such funds . In the event that said
funds, or any part thereof, are, or become, unavailable, then tl,e County may immcdi11tcly 1cn11i11atc
or, amend this agreement . To the extent C.R.S. § 29-1-110 is applicable, any financ ial obligation ol' the County to the SubGrantce beyond the current fiscal year is also conlingen t upon adequate funds • being appropriated , budgeted and oth erwise available . Upon expiration of this Agreement, as identified by the deadline in Section II. C. 3. below, the SubGrantee shall transfer lo the County any CDBG funds on hand at the time of expiration and any accounts re ceivab le attri butable to the use of CDBG funds. These transferred funds shall revert to the County and be utilize d for olher purposes . B. Timcllnc
All Project aclivities will be completed by May 31, 2010 unless this Agreement is modified by
mutual agreemen t oi the County and SubGrantce .
C. Performance Criteria
In accordance with the funding application submitted by the SubGrantee for the Project, the criteria
listed below are to be mel during the execution of the Project.
I. Quantifiable Goals:
The SubGranlee will utilize CDBG funds for the continued employment of staff al the
House of Hope located at 33:JI S. Granl Street, Englewood, Co lorado. Staff members
will be employed by Family Tree, Inc ., which provides staffing and services al the •
facility. By maintaining the positions, the SubGrantee will provide services for a
minimum of 65 home less families for the duration of the grant period . A total of 205
unique persons will be served by the Project.
TI1e SubGrantee may collect nominal fees for services provided under this grant,
providing the total of all client-contributed and County grant funds do not exceed the
costs of program delivery .
2. Commu nily Impact :
Homelessness -crisis management and ability to transition through the continuum of
care
3. Quarterly Perfonnance Standards:
June 30, 2009:
No requirements estab lished.
September 30, 2009 :
Provide services to approximately 15-20 families
Approximately 50-60 unique pemm.1 ·erved
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Dccc!nbcr 31, 2009. l'rovidc services to approximately 15-20 families Aprroxnnatcly 50-GO unique persons scrvcJ March 31. 2010: Provide services 10 approximately 15-20 fanulies Approximately 50-60 unique persons served Mn y 31, 2010 : May 31. 20 10 cumulative:
Provide services lo approximately 10-15 families 65 families served
Approximately 40-50 unique persons scrvcd 205 unique persons served
Submit final df8wdown and completion report to County
D. Rcr•-tlng Requiremcnls
E.
I. Project reports will be due within fifteen days following the end of earh calendar year
quarter ,June I lo September 30 report is due October 15; October I to December 31
report is due January 15; January I to March 31 report is due Aµril 15; and the final
completion report is due May 31) until the Project is completed.
2. The official annual audit and/c · Financial Statements for the SubGrantec in which both
revenues and expenditures for the CDBG Projects described herein arc detailed arc due
annually. The last completed official annual audit report and/or Financial StatemenL~
shall be due on May 3 I, and for four (4) years thereafter on May 31.
La bor Slandards (Davis-Baco n)
Project a~tivities do not require compliance with federal labor standards (Davis-Bacon) as it is
exempt (i .e., public service activit}, single fa mi ly home rehabilitation, purchase of materi11ls, or
other activity that has been detcnnincd exempt from federal labor standards).
F. Lead Based Paint Regu latioru
If the activity involves any construction , demolition, rehabilitation, or any activity related to a
building, and the bui lding was built in I 978 or prior, Lead Based Painl Laws nnd Regulations
apply, as established in 24 CFR Parts 35 and 570.608. If thc SubGrantcc docs not follow and
document Lead Based Paint Laws and Regulntion compliance, the SubG=tcc will not be eligible
for reimbur.;cmcnt.
G. Environmental Review
Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that
this Agreement does not constitute a commitment of funds or site approval, and that such
commitment of funds or approval may occur only upo., satisfactory completion of environmental
rcl'!cw nnd r1.-cc1pt by Arupah0r County of o release of funds from the U.S. Dc11anment of I lousmg and Urb,111 Development under ~4 CFR Purt 58 . The panic, further ogre~ thut the provision of any • fu nds to the project is conditi oned on Arupnhoc County's detcm1inution to proccc-d with, modify, or cancel tl1c project basl.-d on the results of a subsequent environmental review. H. Uniform Reloca ti on Acl (U RA) II rue, been determined that no action under the Um form Rclocatmn Ac1 (URA) 1s necessary. 111. RESPONSIB ILITI ES OF THE SUBGRANTEE
A. Fcdcrnl Co mplian ce
The SubGrantce shall comply with all applicable federal laws, regulations and requirements, and all
provisions of the grant agreements received from the U.S. Department of Housing and Urban
Development (HUD) i>y the County. These include but are not limited lo compliance with the
provisions of the Housing and Community Development Act of 1974 and all rules, regulations.
guidelines and circulnrs promulgated by the vorious federal departments, agencies, administrations
and commissions rel ating to the CDBG Program. A listing of some of the applicable laws and
regulations arc as fo llows:
I. 24 CFR Pan 570;
2. 24 CFR Parts 84 and 85;
3. Title VI of the Civil Rights Act of 1964;
4. Title VIII of the Civil Rights Act of 1968;
5. Sections 104(b) and 109 of the Housing and Community Development Act of 1974;
6. Fair housing regulauons established in the Fair Housing Act, Public l..3w 90-284, and
Exccl~ivc Order 1 I 06➔;
7. Section 504 of the Rehabilitation Act of 1973;
8. Asbestos guidelines established in CPD Notice 90-44 :
9 TI1c Energy Policy and Conservation Act (Public Law 94-163) and 24 CFR Part 39;
I 0. Equol employment opportunity 1111d minority business enterprise regulations csiablished
in 24 CFR part 570.904;
11 . Section 3 of the Housing and Urban Development Act of 1968;
12. Non-discrimination in employment, established by Executive Order 11246;
13. Lead Based Paint regulations established in 24 CFR Pm1 s 35 nnd 570.608;
14. Audit requirem ents established in 0 MB Circular A-133; and
15. C'ost piinciples cstahlished in 0 MB Circulars A-87 and A-122.
16. Connict of Jnt~-rest:
n) Applicability
(I) In the procurement or supplies, equipmenl, construction, and saviccs by
the County and by the SubGrantee, the connict of interest provisions in 24
CFR 85.36 and 24 CFR 84.42, respectively shall apply.
(2) In all cases not governed by 24 CFR 85.36 und 84.42, the rrovisions of
24 CFR 570.6 11 (2) shull apply. Such cnscs in clude the acquisition nnd
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c)
d)
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d1spos1t1on of real property und the provision of ns~isLancc by Lhc County or by its SubGrantecs to individuals, busmesse.~, and other private entities under eligible activities that authorize such assistance (e.g., rehab1htation, prcscrvauon, and other improvements of pnvate properties or faethties pursuant 10 24 CFR 570.202; or grants, loans, and other assistance to businesses, individuals, and other private entities pursuant to 24 CFR 570.203, 570.204, 570.455, or 570.703 (i)}. Conflicts prohibited. The general rule is that persons de.qcribed in parograph (c) of this section who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part,
or who arc in a position 10 participate in a decision-making process or gain
inside information with regard to such activities, may obtain a financial
interest or benefit from a COBO -assisted activi ty, either for themselves or
those with whom they have busin ess or immediate family ties, during their
tenure or for one year thereafter.
Persons covered. The conflict of interest provisions of paragraph (b) of
this section apply to any person who is an employee, agent, consultant,
officer, or elected official or appointed official of the County, or any
designated public agencies, or of the SubGrantee that are receiveing funds
under this part.
Exceptions. Upon the written request of the County, HUl) may grant an
exception to the provisions of paragraph (b) of this section on a case-by-case
basis when it has satisfactorily met the threshold requirements of (d){I) of
this section, taking into account the cumulative effects of paragraph (dX2) of
this section.
(I) Threshold requirements. HUD will co nsider an exception only after
the County has provided the following documentation:
i. A disclosure of the nature of the conmc1, acaimpanicd by an
assurance that there has been public disclosure of the con01ct and
a desaiption of how the public disclosure was made; and
ii. An opinion of the County's attorney that the interest for which
the exemption is sought would not violate State or local law.
(2) Factors to be considered for exceptions. In detennining whether to
SJ'llnt a requested exception after the County has satisfactorily met the
requirements of paragraph (dXI) of this section, HUD shall conclude that
such an exception will SCNC to further the purposes of the Act and the
effective and efficient administration of the County's program or project,
taking into account the following factors , as ·pplicable:
i. Whether the exception would provide a significant cost benefit
or an essential degree of expertise to the program or project that
would otherwise not be available;
ii. Whether an opportunity was provided for open compeutive
bidding or negotiation;
iii. Whether the person affected is a member of & group or class of
low-or moderate-income persons intended to be the
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The SubGmmcc shall be responsible for the direct supervision und admnuslmllon of 11s rcspecuvc pr<ljccts or ac11vit1es. Th is task shall be accomplished through the use of the SubGrunlec's staff, agcnc)' nnd employees. The SubGrantce shall be rcs ponsihlc for any injury to persons or dumngc to propc:ny resulung from the negligent acts or CtTOrs and omissions of its sta!T, agents and employees. Because the SubGrnntce 1s responsible for the direct supervision and administration of its projects or ac11v111cs, the County shall not be liable or n:sponsiblc for cost overruns by the SubGramee on any projocts or activ ities. The County shall have no duty or obligation lo provide any additional funding to the SubGranlee if its projects or activities cannot be r.ompleted with the funds allocated by the Coumy lo the SubGramcc. Any cost ovemms shall be the sole rcsponsib1l11y of the SubGrantcc.
I. TI1e SubGranlee agrees that all funds allocated to it for approved projects or activities
shall be used solely for the purposes approved by the County. Said funds shall not be
used for any non-approved purposes.
2. The SubGrantee agrees that the funds allocated for any approved projects or activities
shall be sufficient lo complete said projects or activities without any additional CDBG
funding.
F. tndemn ity
To the extent allowed by law, the SubGranlce shall indemnify and hold hannless the County and its
ele.:ted ilJlJ appoii:tcd officials, officers, employees and agents from and against any and all losses,
damages, liab,liti.:s, claims, suits, nctions or costs, incl uding attorneys fees, made, asserted or
incurred as a result of any damage or alleged damage to person or property occasioned by the acts
or omissions of SubGrantcc, its officers, employees, agents, contractors or subcontractors, arising
out of or m any way connected wuh the Project or the performance of this contract.
G. Bondin g end Insuran ce
If the SubGrantee's proJCCls involve construction activities, any Contractor it uses for snid activities
shall be required to provide and maintain, until final acceptance by the SubGrantce of all work by
such Controctor, the kinds and minimum amounts of insurance as follows :
I. Comprehensive General Liability: In the amount of not less than SI ,000,000 combined
single limit. Coverage to include:
a. Premises Operations
b. Products/Completed Oper.uions
c. Broad Form Contractual Ltnbility
d. lnd~-pendcnt Contractors
e. Broad Fonn Property Damage
f. Employees as Additional Insured
g. Personal lnJury
h. Arapahoe County and the SubGrantec as Additional Named Insured
i. Waiver of Subrogation
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II. Records 111c SubGrantec shall mamtam a complete SCI of books mid records document.mg us use of CDBG funds and its supervision nnd administrouon of the Project Records are to include ducumentatil'll vcnfying Project eligibility and nauonal objective compliance, as well as financial and other adminis trati ve aspects involved in perfonni ng the Project. T11e SubGrantcc shall provide full access to these books w1d records to the County, the Sccrctury of HUD or his des igncc, the O:fice of Inspector General, and the General Accounting Office so that compliance with Federal iaws w:d regulations may be confinned. The SubGranlec further agrees to provide 10 the Cowity upon
request, a copy of any audit reports pertaining to the SubGrantee's financial operations during the
term of this Agrecm"lll. All records pertaining 10 the Project arc 10 be maintained for a minimum
of five }"'..ars following close-out of the Proj ec t.
I. Repo rting
The SubGrantee shall file all reports and other information necessary lo comply with applicabl-.
Federal laws and regulations as required by the County and HUD. This shall in<:lude providing 10
the County the informa tion necessary to complete annu al Performnnce Reports in a timely fashion.
J . Timelin ess
The SubGrantee shall comply with the quarterly performance standards established in Section ll-C
of this Agreement. The SubGrantce understands that failure to comply with the established
standards may lead to a cancellation of the Project and a loss of all unexpended funds.
K. Reimbursement for Expenses
The SubGramee agn:cs that before the County can distnbutc any CDBG funds to 11, the SubGrw11ee
must submit to the County's Housing and Community Development Services Division
documentation in the fonn required by that Division which properly and fully 1dcnufics the wnount
whi ch the SubGrantcc is req uesting at that time. The County shall have ten ( I 0) working days to
review the req uest. Upon upproval of the request, the County will disuibutc the requested funds lo
Ilic SubGrantce as soon as possible.
1,. Program Income
All program income directly derived from the Arapahoe County Community Development Block
Gra nt Program received by the SubG rnntee wil l be retained hy the Sl1bG111ntcc and wi ll be
dispersed for its approved CDBG Project activities before additional CDBG funds urc requested
from the County. Following completion of the SubGrantcc's Arapahoe County COBO Projects, all
progrnm income directly generated from the usc of CDBG funds will be remiued to the County.
M. Real Property
9
To the Coun1y: Arapahoe Coun1y A uoniey 5334 S. Prince Strcel Li11lc1001, CO 80166 Arapahoe County Housing and Community Development Services 1690 W, L111le1on Blvd., #300 Llnle1on, CO 8(1120-2069
To the SubGrantce: City of Englewood
l 000 Englewood Parkway
Englewood, CO 80110
Family Tree, Inc.
3805 Marshall Street
Wheal Ridge, CO 80033
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• In \\'iu,e ss \\'herenf, the 1'11111< h.1,,· ,nu.~ ttu~ Ac,=nem to be duly executed this ______ day
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of _________ _ SubGmn1ee : City of hncl cwood
Signature
1itJe
SubGruntee : Family Tree, Inc .
Chief Executive Officer
1itle
Boord of County Commissioners
Arapahoe County, Colorado
Don Klemme on behalf of the Bolll'd ofCow1ty Commissioners
Pursuant to Resolution #090191
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• PROJ ECT BUDGET
COLUMN A COLUMN 8 COLUMN C COLUMN D
Project Acllvlllct ~ltt'Alrd Tot.II Co,a or CDUOh111h Othrr Fud, Cammlllfd
(tpcdfy by lhtt Item) A.rtlvh1
...,_ lru,.19J.OO ru.00000 IJOO..S9l00
Op,rolJoa-nn.11100 so S2l2,.III.OO
TOTAL: si,1,11<.oo m.000.00 sm,1 1◄.oo
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CO UNCIL COMMUNICATION Date: Agenda Item: Subjec t: lune 1, 2009 11 a I Intergovernmental CooperahOn Agreement ArnpJhoe Coun ty-CDBG/HOME ProRr,1111s Initiated 8): I Staff Source: Community Development Department lanet Grimmen, Housing Finance Speciahst
COUNC IL COAL ANO PREVIOUS COUNCIL ACTION
Council passed O rdinance No. 3 7, Serles of 1991, authorizing in itial participation In the Urban
County Entitlement Progrdm for the Community Development Block Grant (CDBG) program for
federal fiscal years 1992 -1994. Council also passed Ordinance No. 39, Series of 1994, which was
extended by Amendments Nos. 1 • 3 relating to participation in the Urban County Entitlement
Program for CDBG and HOME funds for lederal flscal years 1995 -2006. Council also approved
Ordinance No. 13, Series of 2006, au thorizing participa tion in the of the CDBG and HOME
Investment Partnership programs for program grani year 2007 -2009 plus Amendment No. I to
that agreement approved as Ordinance 38, Series 2006 .
RECOMMENDED ACTION
Approve a Bill for an Ordinance authorizing the execution of a three-year Intergovernmental
Cooperation Agreement between Arapahoe County and the City of Englewood relating to the
conduct of Community Developm en t Block Grant (CDBG) and HOME Investment Partn ership
(HOME) programs for progrnm grant years 2010 through 2012.
BACKGROUND, ANALYSIS, ANO ALTERNATIVES IDENTIFIED
Arapahoe County is designated as an Urban County, which entitle~ ·~~ County 10 receive
Community Development Block Grant (CDBG) and HOME funds p,ovided by the U.S. DepL ol
Housing and Urban Development (HUD). These 9rograms provide grants to Improve local
communities by providing decent housing. Impr oved infras tructu re, public facilities and services,
and improved economic opportun iti es for low and moderate income "Jersons. Funds may also be
used for acti\ itles that eliminate slums or bligh~ or for projects that meet urgent community needs.
Arapahoe County is in the process of requalifyins as an Urban County for the years 2010, 20 I I and
2012. 111e County Is requ ired to inform each unit of general loca l gove rnm ent that It has the righ t
to elect to be included or excluded from the Urban County. Local governmen ts that previously
entered into an Intergovernmental Agreement with Arapahoe County are being notified that the
agreement will not automatically be renewed. A new ICA must be authorized to participate for
program gr,1nt years 2010 • 2012. l'J1e IGA has been updated, but Is essen tially the same as prior
approved ,oope,atiori agreements.
CDBG and HOM E funds are allocated by statutory for mu la 10 each Urban County. The Urban • County 1hen allocates the CDBG funds 10 each pa rticipati ng jurisdiction. The local jurisdiction still must apply annually for its share of funding. Any HOME funds awarded to Arapahoe County are 1101 ,1u1omatically shared by the partlcipaling jurisdicti ons. The City is eligible, however, to apply separately for HOME funds through Arapahoe County as well as the Stale of Colorado. Since I q92 _ lhe City of Englewood has rec:e,ved approximately $2.95 million in combined CDBG and HOME funds from Arapahoe County to support ils local projects. This averages over S 1 75,000 per year. The autl,orlzatlon of this IGA will allow the City to receive ils share of tile FY 201 0 -2012 CDBG funds as well as being able to apply for HOME funds through Arapahoe County. The
funds will anow for 1he continuation of eligible projects such as the Housing Rehabilitation Program,
Homeowner Rx-Up project and support for the House of Hope.
FINI\NCl,\L IMPACT
None. The existing employees In Community Development are available to administer this
agreement and any future approved projects. Their salaries and benefits are part of the Oty's
contribution towards those projKU. The City will generally utilize a portion of tile awarded CDBG
and HOME funds 10 partially offset the costs of employees' salaries and benefits.
LIST OF I\TTI\CHMENTS
BIii for an Ordi nance with Intergovernmental Cooperation Agreemenl attached •
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ORDINANCE NO. SERIES OF 2009 llY Al!TIIORITY COUNCIL BILL NO. 23 INTRODUCED BY COUNCIL MEMBER ____ _ A BILL FOR
AN ORDINANCE APPROVING AND Al/Tl IORIZING A TI'JlEE YEAR
INTERGOVERNMEITTALCOOPERATION AGREEMENT BETWEEN ARAPAHOE
COUNTY, COLORADO AND THE CITY OF ENGLEWOOD, COLORADO RELATING TO
THE CONDUCT OF COMMUNITY DEVELOPMEITT BLOCK GRANT (CDBG) AND I IOME
INVESTMENT PARTNERSHIP (HOME) PROGRAMS FOR PROGRAM GRANT YEARS 2010
THROUGH 2012.
WHEREAS, the Cily Council of the Cily of Enj!lewood approved the cxcculion of an
lnlcrgovcmmental Agreement between the City of Englewood and Arapahoe County by passage
of Ordinance No. 39, Series of 1994, coveri ng lhe City's participat ion in the Arapahoe County
CDBG En1itl emen1 Program as extended by Amendment No. 3, for funding years 2004 through
2006; and
WHEREAS, the Englewood City Council passed Ordinance No. 13, Series of 2006 and that
was modified by Amendment No. l dated February, 2007 relating to participation in the Urban
County Entitlement Program for CDBG •nd HOME funds for 2007 through 2009; and
WHEREAS, !he Englewood Cny Council passed Ordinance No. 38. Series of2006
authonzing Amendment No. ! to the Urban Cc,umy Entitlement Program for CD13G and HOME
funds for 2007 through 2009; and
WHEREAS, the passage of this Ordinance authorizes the execution of a thrcc-ycnr
ln1crgovcmmental Cooperation Agrccmcnl between Arapahoe County nnd Englewood rclPling 10
the conduct of Commun ity Development Block. Grn nl (C DBG) and HOME Investment
Pnrtncrship (HOME) prol!!ams for program gran t years 20 IO through 2012:
NOW, THEREFORE. BE IT ORDAINED BY THE CfrY COUNCIL 01' Tl 11! CITY OF
ENGLEWOOD, COLORAJ>O, TIIAT:
Section I. The auachcd "lnlC!l,'Ovcmmental Cooperation Agrccmcnl Between Arapahoe
County, Colorado and the C11y or f,nglewood, Colorado Relating To The Conduct Of
Communny Dcvclopmcnl Block Grant (CDl3G) And Home lnvcs1mcn1 Partnership(HOME)
Programs for program granl years 2010 through 2012" auached hereto as Exh1b11 A, is hereby
accepted and approved by lhc Englewood City Council.
~-11,e Mayor and C11y Clerk nre hereby authorized to sign nnd allcst said Agreement
for and on beha lf of the City of Englewood, Colorudo,
~-The C11y Manager shall be authonzcd to funher extend and/or amend the Intergovernmental Cooperation Agreement for the program granl yen rs 20 l O through 2012. lnttoduccd, read in full. and pasStd on first reading on lhc 1st day of June 2009. Published as a 8111 for on Ordinance in the City's official newspaper on the s• day of June, 2009. Published as a Bill for an Ordinance on the City's official website bcgiruling on lhe 3"' day of June, 2009 for thiny (30) days.
James K. Woodward, Mayor
ATTEST:
Loucrishi1 A. Ellis, City Clcrl<
I, Loucrishia A. El lis, City Clerk of lhe City of Englewood, Colorado, hereby certify !hat lhe
above and foregoing is I true copy of I Bill for an Ordinance, introduced, read in full, and passed on
first reading on lhc 1st day of June, 2009 .
Loucrishia A. Ellis
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IN'l'ERGOVF.RNMF.NTA I, CO Ol'EnATION i\Gl!EEM ENT llETWEEN ARArAIIOE ('OU NTV, COLORADO AND CITY OF ENGl,EWOOD, CO LORADO RELATING TO TIIE CONDUCT OF COMM UNITY IJ EVELO PMENT BLOCK Cl!ANT AND IIOM ll INVESTMENT PARTNERSIIIP PROGRAMS FOR PROGRAM GRANT YEARS 2010 TJIRO UGII 2012
THIS AG REEM.ENT is entered into nnd shull be effec11 ve as of ____ 2009, by •nd between
Anlpahoe County, Colorado (tl,e "County"), a body corporate and polilic of the SIAIC o r Colorado, and the
Clly of Englewood (lhe ''C11y"), a municipal COIJ)Ol'lltion of Colorado loca1cd in Arapahoe County
~
A. In 197◄, lhc U.S. Congress enacacd The Housing and Commumty Development Act of 1974,
as 11neo amended (42 U.S.C 5301 ct seq.) (lhe "Act"1. pcmnlhng and prov,dmg for lhc
participation of th< Un11ed Suites government in a wide range of local housing and
community dcvclopmcnl acllv1ties and programs under Title I of the Act which activities and
programs arc administered by !ho U.S. Dcpartmenl ofHousinQ and Urban Dcvelopmenl
B
("'HUD");
The pnmary objective of Title I of lhc Act is lhe developmc111 of viable urban commun111es,
by pro,1ding decent housing and• S111U1blc loving env,ronment and expwiding c:conom1c
oppornuuucs, principally for penons of low and modcnlC income, this objective 10 b<
aecomphshcd by lhc fedet1I government providmg linanc:111 &SSdUIOCC punuanl 10 th< Act 11
!he form of Commun11y Development Block Grant (-COBO") funds 10 stale and local
governments to be used m the conduct and adm1n1stnu10n ofhousma and community
dcvc\opmenl oc11v11ies ond prOJCCIS as contemplottd by lloc pnm•ry obJective of !he Act (the
"CDilG Program"");
C To 1mplcmen1 !he pohc1cs, obJCCl1VCS and other provos,oo of !he Ac~ HUD has issued rules
and 1egula11ons govcm,ng the conduct ofCDBG progBmS, pubhshed in 24 C"oclc offeder1I
Regulations (CFR), Part S70 (ll,o "l\cgul111ons""), winch rq:ulauons provide that a county
may qu,hfy as an "urban county." u defined in Sec11011 S70.3 of the regulations, and tltcrd,f
become ehgible 10 receive cnutlcmcnt i:rants from HUD for the conduct of CDBG and HonJ
lnvc.,11ncnl Partnership (IIOME) programs as an urban county and that cities and othcr un1t1
of ~cncral 1oc.al governments In the same metropolilan susustical aru that do not or cnnnot
quohry ror separate cn11tlc111cn1 1:rnn1s may be included ns a port or t\1e urban county by
entering into cooperation ni;recin:nts with lhc urban county in nc:cordnnce with the
rcqmrctnents of the Regulatloid;
D. The County has haclofot< quahfocd under lhc Rcgulntions us 1111 •urban CO\lnty"" and will
n,ce,vc CDBG and HOME funds from HUD by annual grant 1p,ncn1S, and all paruc1pa1111
mun1c1pah11es located m the County winch do not recc,vc "'l"'rnlc commumty development
en111lcmcn1 grants have been included as• part of the County on 11A CDBG and HOME
E.
Pro&ranos;
In I qg I, and •gain since !hen, I IUD antcllded u,e Rcg11lnl1on1, pursuant 10 amcndmenl5 or the
Acl, 1ev1sing lht: quahficauon period for urban counttes by providing tJmt the qualification by
IIUD of an urban county ,hull t<nllln dTcctivc for lhre, s11eoess1vc grunt years regardless of
{.luinges m us po1,ulat1011 dunng lhal r nod , e,;ccpt for failmc of 11n urban county 10 receive•
gro,t dunng any ycaroftluu pcnod, and al,o providing that dunog the three )'Cir penod of • quahfic1tion, no included city or 01her uml or general local government may wnhdrnw from, nor be rtmoved from , the urban county for HUD's computation purposes, and no .. ity or other unu of general local aovemmcnt covering an additional area may be added to the urban county during that thn:e-year period except in the case where I city or other unity loses us dcsignauoo as a mctropohWI city; F In 2009, the County 11 ,ubm11ting IO HUD the requir<d documeni.uon IO rcqualify a, an urban coun ty, pursuonl to Section 570.307 oflhe Regulations, so as IO become eligible IO receive annual COBO and HOME funds for the next three Program Years from gnint years
2010, 2011, and 2012 appropriations, and If lhc City opprovcs and authorizes this aarcement,
an executed copy thcroof will be included in the documentation fo, this cnsuina penod of
qualification and, if the County quali6es, !he City will lhcrcby be Included as a part of the
w1,an county and be eligible 10 participalC in lhe County's COBO and HOME Programs for
lhe next three Program Ycan;
o. The County reco1puzes ond undmtand., !hat ii does not have independent legal 1uthority IO
conduet some kinds of community developmcnl and housing assistlnce activitics within the
boundanes of the City end therdore, its abilil) IO conduCI the COBO and HOM£ Progn,ms in
the City is limited by the requirement that it must obtain permission frnm the City to perform
.!Orne of those activities therein, and •ccordinaly, in order for the City to be considered a part
of the urban county and be included in the County's aMual request for COBO and HOM£
funds, it is required be the Regulations !hat !he City and the County enter inlO I coopcntion
■Jll"Clllent whereby the City autboriua the County to undertake or to assist in undel1akmg
essential community rcnewil and loW•IDCOmc housing assistance IIClivitics within the City as
may be specified in tho "Ono Year Action Plan to the Con•ohdated Plan" (the "Action Plan")
to be submiued to HUD aMually by tho County to receive its OMual COBO and HOME
enutlement grants~
H. Under ienenu proV1sion1 of Colorado law 1ovcrrung contncun, bctwocn govcmmcni.l
cnuuc:s and by VlrtUe of spec1fJC authonty pied in P..i II of ArtJCle I of Title 29, C.R.S.,
any two or more pohucal subdivisions oflhc state may enter mto agreements with one another
for J01n1 or coop•·ratlve action and any one or more politico) $ubd1v1sions m1.1y contract with
another or with legal or administrative entity created pursuant to that act IO perform any
governmental sc vice, activity or undertaking wh.ic.h each pohttc:.111 subdivision entering into
the contRct is I ti r,zcd by l1w IO perform, and
I. Accordingly, the parties hereto ha,e determined that ii will be mutu■lly bene fi cial and in the
publie interest or both parties to enter Into lhls intcrgovcm.mcntnl coopcmtion agreement
rcgarding the conduct of the Coun1y's COBO and HOME Programs,
TilEREFORE, 1n COMdcn,tion of the premises and coopcntivc actJons conltmplaled hcmindor, lhc
p1r11es agJCC u follows.
1. By r:ntcring into this intcrgovcrruncntail coopcnition ngrccment with the County, the
City shall bo included as I part of urban Arapahoe County for qunlificalion and grant
calculation pu,poaes upon the qualification by HUD or tho County to receive CDBG
and HOME Prognm enttOcmena u an urban county fo, lhe next three successive
Program Ycsn, May I, 2010 through April 30, 2013. Al proV1ded in Seclion
S70.307 of the Regulotions, the qu11ification of tho County as an urban county shall
remain effective for three successive grant years regard less of cha nges in its
population during thal period of time and the parties egree that lhe City may not
withdraw from, nor be removed from, mclusion in the urban county for HUD's grant
compu1D11on purposes dunn1 the penod of quabficattOn A fully executed copy of
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011< COOpetllJOn a&r«IIICII~ 1ogelher Wllh lhe lppmvmg n:soluhon, orbo,h the City and 1hc Coun1y. shall be submlllcd 10 HUD by lhe Counly as pan or 115 quah.fieollon documentation and tho Clly docs hereby give the Coun ty lhc authonty to carry oul COBG and HOME Prog11m acUVIIJes and proJe<ls which will be funded from &Mu1l Communny Oev,:lop,nenl Block Grants and HOME fund, from grnnl years 2010, 2011, nnd 2012 oppropri11ions and from ony rroaram income &enmlcd from lhe exf1Ct1dllurc of ll,o,c funds. The Chy and lhe County agree 10, and shall coopmlc m, the exccu11on of COBG and HOME Prognim acuvilics and projCCIS lo be conducted or perfonned ,n the City
during each of the three program years covered by 1his Agreement and thcsc
finalized actiY1tics and pmjcclS will be included in the Counly's r<quiled llllllual
Action Plan and requcslS for funds for those prognom years. The Cily undersiands
and agrees, ho111Cvcr, 1ha1 1hc County aball hav,: r,nal rcsponsibilny for selccling lhc
progr.m ae1ivi1 ics and projcclS 10 be included in each 1UU111al grant request and for
filing lhc Action Plan wilh HUD on an annual bosia.
The panics reoognize and undcrs11nd lhat 1he County, as , qualified wilan county,
will be the entity requ~ 10 cxccule all gran1 agreement., n:ccivcd from HUD
punuant lO 1hc Cnunty'a annual requests for CDBG and HOME Program funds and
lhol as the grantee under 1hc CDBG and HOME Programs ii will be hold by HUD 10
be legally liable and responsible for lhc overall adminislntioo and perfonnancc of
lhc annual CDBG and HOME Programs, lncludin& the proj cell and activilicl to be
condutl<d in tho City. Accordin&ly, lhe Cily agrees 1h11 as 10 all pmjcclS and
activities perfc,rmod or coaduclcd m the City under any CDBG granl agrccmonl
received by U,c County, which includes the City, lhal lhc County shall have IM
ul11ma10 supervisory and administrative control w,lb reaard lO the Federal
Rccul■tions and Gu,dclme ond confonn,ncc lo the Sub11nm1ce Agrccmcnts,
4. The Cily shall cooperate fully wilh the County 1n all COBO and HOME Program
e!Tons planned ond perfonned hereunder and does hereby allow and permit lhc
County 10 undcnakc or asstsl m undcnakmg cssen1,al commuruty dcvelopmClll and
bousinc BSSISIAnce 1o<:tivi11cs wtlhm lho C11y 35 mny be approved and auU1orized in
lhe Coun1y's CO a,anl ag=ncolS, includtn~ lhe Five Year Con,olidalcd Pl,n (U1c
"Consolidoled Pinn"). Thr, City and u.., Cour,ty also aar,:e lO cooperate lO undcnakc,
or assist in undcn,kinc, community renewal and lower income houau,g assislance
ac11v11ies, as they may be plnMed nnd specified m the County's Aetion Plan
submitted annually lO HUD ror 1he three Program yeara specified herein and for such
addilional lime as may be required for the cxpcndllure of CDBG funds granted by
the County for :ruch activilies.
s. Pursuant 10 2~ CFR S7Q,SQl{b} lhe cuv ii subicet 10 u,e l!ro• rcnuircmon11
DPPlicable lo aubreciPients includma the requirement of a written gp;rcement as se1
ronb m 2◄ CFR s10,soJ,
6. The City unders11nds Iha! pum,ant lO Sechon 570.503 of Ibo Regulations, ii will be
necessary for the City to enter in10 scpat'3te proJCCt agrecmcnll or sub,..gn.nls m
wnting wllh tho County with respecl lO lhc ac1ual conduct of 1hc projects and
activillCS approved for peofonn,nce in the Cily for tbc lhrtc CDBG Proa,am ycsn
covered by lhJs cooperation •greemcnl and that lhe funds designated in lhe County's
Acl ion Plan for lhose p,ojeclS 11111 activities will also be funded to the Clly under
lhose 1cparale proJCCl ngreemen1s or sub-grants. Subjcot lo 1hc provis,ons of
Paragraph 3 a hove, the Cny will administer and control the pcrfonnance of lhc
projeclS and KhYll1CS specified 1n those sepnriue proJecl 01;1 cements, will be
n:spons1ble for lhc c,pend1tW'C of the funds 1iloca1ed for each •uch proJe<I or • 11cuv1ty und will eonduct and pcrfonn the proJcclS •nd acw1ucs 1n compliance w1lh
8.
the Regulauons ond all o<her applicable federal laWl and requirements rclaung to lhe COBG Program. The City also undcrslonds and agrees lha l il sh,11 also comply with the requucmcnts of Section 570.503 pnor to d1SburS1ng •ny CDBG funds to the subrecip1cnt I)( lhc Cuy. All CDBG Procram fund.! that arc approvod by HUD (or expend11uro under the Cou nly's grant agrocmenlS for the throe Prognm years covered by 1h11 Aivcemcn~ including those that are identified fo r proj oel.s and ,cuvllies in <he City, will be
budgeted and allocated to the specific projects and octivities descnbcd and listed in
lhe County's Action Plan submitted aMU&lly to HUD and those allocated funds shall
be used and expended only for the projects or activ,ties to which the 6mds are
identified. No proJect or activuy nor the amount allocated therefore !NY be changed,
modified, substiruted or deleted by the Chy wilh respect to any project or activity
wnhout the prior wriucn approval of the County and 0,e approval of HUD when that
approval is required by the Rcgulatlons.
Because the City will be included u • part of wban Arapahoe County for the thn,e
CDBG Progr1m ycart covered by this Cooperation Aa,ccmcn~ it will do all things
that ore appropriate and required of It to comply with the applicable provisions of the
grant agreements received by the County from HUD In which the City Is included,
and with the provisions of the Act and all RulCI and Regulations, auidelincs.
cin:u1m and odicr n,quisites promulgated by the vari«Js federal depanmcnls,
agcucics, adnunistntions and C01D111Wions rolauna ID the CDBG and HOME
Progr&Ol$, In addnion, the City and the County ,hall each lllke all acuons necessary
to ,ssuro compliance with the cc.1lflc1tion required of tho County by Section 104 (b)
of Title I of the Act, includmg the National Envirorunenllll Policy Act of 1969, Title
Vl or the Civil Rights Act of 19~. Title VIII of the Civil Rights Act of 1968, the
F11r Housma ACI, Section 109 of Title I of the Act and other laws appheablc ID the
eonduc:• of the CDBG Progrum. In 1dcbtion, the parties llcreto undcrmnd and agree
that the County may not pnov1dc ony CDBG Cundm& for acuvities 1n, or ,n IUJlPO'l of
o,e City, ;r 01e C11y does not affirmntively further fair housing w1thm ,,s 1urisdicllon
or impedes the County's actions to comply with its fair housing certification.
9. Tho coopcraung unit of local govcmmcnt (Cny) bu ■doplcd and IS enfon:ing:
a) 1 pohcy prohib111ng the use of excessive force by law enforcement
agencies within its Jurisdiction 1ga1nst any individuals engaged in
non-violent civil rights dcmonstralions; and,
b) 1 policy o: enforcing applicable stale and local laws against
physicaUy baning cntnncc: lo or exit from a facility or location
which is the IUbJCCt of such non-VIOient Qvii rights dcmonslJllions
wtlhm its jurild1tti01L
10. During 01e pu1od of perfonmonco of this agrccn1cnt as provided in Paragmph 13
below, the Qty w.11:
a)
b)
lnfonn the County of any income aenented by the c,pcnd1tu~ of
CDBG Program funds received by the City;
Pay over lo the County any Prognm Income roc:cived by the City,
or retam and use that Proaram Income: subJect ID, and m
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c)
d)
e)
accord11nce wnh. the requirements and prav1s1 on~ 1f ,.1c scpantc CD projecl agreemenis lhal will be entered in10 bc1wccn tl,e C11y ind lhc Counly for lhc wual conduc1 of lhc CDBG Program; Use any Program Income tl1e Coty II oulhorized by lhe County 10 ret,ln only for eligible activities on accordance with all COBO Proanm rcqu,rcmcnlS as may tbcn apply and as will be spec,fieally provided for in lhc acpara1e CD projcc1 agreements bctwcco lhc C11y and the Couniy;
Keep appropriate records regarding the receip1 of, use of, or
disposition of 111 Program Income and llllke reports lhcreon to the
Counl}' as will be "'!Uired under the separate CD project
1(11eOmCJ11S betweeo the C:•y and the County, and
Pay over 10 the County any Program Income that may be on hand
,n the evcnl of elote-OUI or chani• on status of the City or that may
be reectvc:d subsequent to lhc cfole.out or chance in status u will
be provided for in the .ieparale CD project agm:menlS mentioned
above.
The separate CO project 1grccmcn1S or Sllb-gnnts that will be entered into between
lhe Counl}' and lhe C11}' for the conduct of lhc CDBG Program, as mentioned and
referred to. elsewhere in this agreement, shall include provisions setting for1h the
standards which ah•II apply to any real property acquired or improved by the Chy In
whole or m part, wing CDBG or HOME Program funds, These standard., will
require the Cil}' to·
a) Notify the Coun1y 111 1 umcly 1n1nner of ony modification or
change in lhc u,c of 1hn1 propcny from 1ha1 which was plonncd II
the time of the aeouisition or Improvement$ and this notice
requirement shall 1ncl,dc IDY d11positioo of such property.
b) ltcunbu,.. the County ,n an amount equal to the curr<OI fair
nwket val ue of property ocquircd or improved wilh CDDO or
HOME funds (1081 any portion 1hcreof auribulllblc 10 expenditures
of non.COBG fuods) thal ii ,old or transfcmd for a use which
does nol qualify under the RcgulatlOIIS, and
c) Pay over to lhe Co11nty any Program Income tbet Is genonued from
the disposition or transfer of property either prior 10, or subsequent
to, any cfo1c.out, change of siatus or temunation of this
cooperation agreement that is applicable.
I 2. Tho Cily, by execution of this agreement, undcrst11nds that II ,nay not apply for
granll under tho 1mall cities of slltc CDBG Programs for appropria1ions for grant
yea11 durir t the period in wlueh II is partieipauna in the urblO coun1y's CDBO
Program; and may not parlicipale ,n a HOME co.-uum except through lhe urban
counly, regardless of whether lhe urban coun1y receives a HOME formula 1!1oeat1on.
TI,e period of performance of this Agreement ahall cover three CDDG Program
years, beginmng May I", 2010, and ending Apnl )Oa, 2013 . As staled herein.
ho~vcr, this Agrccmcnl 1s intended to cover ac:uv1t1cs co be camcd out With aMual
Commum 1y Dcvelopmcnl Block Grun, and HOME funds from grant years 2010, • 2011, and 2?12 uppropri•tion, and shall be and remnm 111 full force ond effcol until 111 projects and ,c11v1Ues approved and autliorizcd to be performed and funded for lhose grant years have been completed and any program income corned 1w been rerruued to the County or used by the C11y 10 aecordaocc .,,th the cntena dcscn1>ed ,nraral:fllPhten 14 Th, Agree=! will be au1om1t1cally renewed for pan,c1pat1on 1n suc,;css1ve thru· yesr qualification period$, unless the County or lhe City provides written nouce 11 elect$ nor 10 pa,Licipatc ln I new qualification period.
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The County will ,,otify the City In writing of its right not to participate. A copy of
the County's notir.cation must be sent to the HUD Field OITTce. The City's response
to the notice of 1ts right 001 to participate must be sent to both the County and the
HUD Rcg100 8 field office. Noucca and rcsponsd must be xnt according to the
schedule spcctficd 1n HUD's urban county quaiifica!Jon ootice and HOME consortia
qualificatioo notice for tho next quali1icatioo period.
Each party is r,qu1red to adopt any a,ncndment to the aa.rccmcnt incorporaun1
changes necessary to meet the r,qulromcnts for coopcrauoo agreements set fonh in
an uri>an county qualificstion notice applicable for a wbscquent three-year urban
qualification period, and to submit such amendment to HUD. Failure to comply will
void the automatic renewal for such qualification period.
Any changes and modifications to this Agreement ,hall be made in writing, and shall
be executed by both parties prior to the pcrfonw>ce of any won: er ICltvily involved
m the change and be appl<l"<d by HUD if necessary to comply with the Rcgulauoos.
a) This Agreement ohall be ond remain 1n fon:e and elToct for the
period of perfomtancc specified in Paraamph IO hereof and, when
the County has been qualified by HUD 1s , urban county neither
tl1e County nor lhc City may tcrmin•te tlus ag~ment or withdraw
therefrom durina that penod or performance; provided, however, ,r
the County falls to qua!Jfy IS an urban COllnty or does not receive 1
CD grald LO IDY year of the three Prop,, • ...,. for wluch it has
qualtried, or if any federal lcgislauon 1bould change the
quahfication or enullemenl st1tu,, of the County or lhc City, either
pany may tcn1111111tc this agn:ement or v,ithdnaw therefrom.
b) Failure by either pany to adopt omcndmcfl l.! to this agreement ,
iHoorpomllny ell changes necessary to nteel the requirements for
coopcr11llon ogrcemcnts sci fonh in the urbftn oounty qualification
notice applicable for a subsequent three year period, a.nd submittal
or said amendment to HUD as provided in the urban county
quahficallOn notice wiU void this egreemcnL
c) The City undcnw,ds that the County 11 ,ubje,:t to budget changes
IS I result of fcdcnl legislation, and that the County is not under
obligation 10 allocate a constont amount or COBO funds to tl,e
Ci ty for use in projects supported by the Coty. The County,
however, ogrces to notify the City or the nmount of COBO funds
designated for use on City endorsed projects.
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e)
~ with. thc t<qllt11'mcnts and provtsKW if lhc l<pll'IIC CD p,t,JCCI ~ts that will be cntued tnlO ~ lhe Ctty end lhc County for lhc lltlUll tonduct of lhc CDBG rroa,am; Use any Pms;am IDatmc lhc City ts autloonud by lhc County to <etam only £or chg,'bl< ocuvtucs 10 •=r~ w,tll aU COBG l'roar■m ff<!UltCDl<Dls u may then lpply and as will be .specns:any provided ror ,. the -·· CD l)<OJCCI agreements bet-lhc City and lhc Cowtly;
Keep apprcpiato r=rds roprding th, receipt of, use of. or
dJSposition of aU Proc,am Income and mlkc n:ports thcn:on to dtc
County u will be r,:qum:d UDder the separuc CO projCCI
•£J=tcnts bctwca1 the City and th, County, and
Pay over 10 the County any PIOIRJD lncGme that may be on band
m Che cvcot of clO&C-<>Ut or cbana• m stalllS of lhc City or 11W may
be ~vod IUhseqUCIII to the t:looo-«tt or chan~ In statllS as will
bo provided for in the scpntc CO project •Jll'CClll'IIIS mcnlioncd
above.
The sq>an1e CO projce1 lgl<IOIDtDts or wb-pants that will be cntet<d into l,cN,ccn
!be County and the City for the conduct of Ibo COBG Progmn, u mcnnoned and
mc:m:d to c1scwb= m Ibis a..-, alull incluck provislon1 1<tting fonll Ibo
IW>dardi wbleb shall apply to any real pro,crty acqwrod c,, tmprovtd by the City in
whole or in part, usin& COBG or ROME Progntm fuMs. Those standlTds will
""luirc the C.ty to:
a) Notify the County m • umcly maJ1DCr of 1oy modifieauoo or
chaft:e 1n lhc "'° or lhat propcny from that wbicb was planned 11
tho time of I~ IQj\UStllon or unpro.,.mcnu and th1> ooucc
~ lhall 1nc.htde any dtspoction of such property
b) R<imbut1e 11,e Co,mty in an 1UOOUfll equal to dte eurta11 fur
lllll1'UI value of pn,peny acqum:d or unproved with CDBG or
HOME funds (las Illy pon;o,, lhen:of atln'butable to expend,tura
of non-CDBG funds) l1tal il sold or lrlllSfcmd far a use wlucb
doe-001 qualify unda-lhc Regulalionl, aid
c) Pay over 10 lhc Cowity aoy Program lnco1ne that il gcnonited from
the dispm,tion « lm!Sfcr of property either prior lo, or Nbicquout
10, 111y close-out, chan&e of Nl1IS or IUm1IWion of this
coopc:nuoo llgt<CmCDI Iha! II IIJ)plialble.
12. The City, by execution of this •JlT=ICftl. undcntandJ that ii may not apply for
graDls under lbc arnaU eiti<s of stalC a>BO Progmns far appropnotjoas for grmt
yoara during tlie pcnod in wluolt it ts participobng in lho wban county's COBO
Program; lad may OOl participaie Ill • HOME coaaonlWII except lhrougb ~ Ufban
county, rcgardlcss ofwhcthor the urban county rooo1vcs a HOME formula alloca11on.
13. The pcnod of pcrf..-m8-of this Agrcemcm ,ball _..,. lhrtt COBO l'Jopm
yeara. bcguuting M•y 1•, 2010, tnd endc,g April Jo". 2013. AJ. 1111cd hcmo,
~r. th11 Agreement" intended to cover aet1V1UCS to be ca:"ricd out w11h annual
Conunumty D.--,,topn,ent Bloclc Gnni and HOME run<h from grant years 20 I 0, • 2011, and 2012 appropr1auons and shall beard remain tn rull roreo and cff«t until all proJCCIS and 1<11v,ues approv,:d and authonzed to be performed aod f'unded for those gr11n1 ye.an have been completed and any program mt<'mc earned has been rem,ned 10 the County or used by the Cuy ,n accordant •lh the enten a de.scribed in paracraph ten, 14. The Ag_recmen1 will be automatlcally renewed for partic1, ' , 11 in suc:ecss1vc lhrcc•
IS.
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year quahfieauoo pcnods, unless lhc County or the Cuy t ,des wronen nouce 11 clcelS not to parucopate ,n a new quahficauon period.
The County will notify thc City m writing or its r1&ht not 10 p:'11C!p11e. A copy or
the County's noufication must be sent lo lhe HUD Field or,,_. he City's response
10 the notice or ,ts right not to part1clpa1e must be sent to bolh lhc County and tho
HUD Region 8 field office. Notiou and ,espouses must be sent according lo the
schedule specified in HUD's urban county qualification notice snd HOME consonia
qualiliealion notice ro, the next qual11icalion period.
Each party Is required lo adopt sny amcod:ncnt to lhc aa,=nent incorponuna
changea necessuy lo meet the requiremenlS for coopent100 agn:emenl5 set rorlh In
an urban county qualification notice applicable for a subsequent lhree-year urban
qualificntlon period, and 10 submit such amendment to HUD. f&ilurc lo comply will
void the 1u1omatlic renewal for 1ucb qualification period.
A1ly changes aod modifieauons lo 1h11 Agreement shall be made u, writing, and shall
be executed by both parties pnor to the pafomiance or any work o, activity u,volved
in the clwtae and 1" BJ11110•ed by HUD tf necessary to comply wtlh the Regulauons
a)
b)
c)
This Agreement shall be and rem,in m forte and effect for the
period or perfonnance specified m Paragraph IO hcrcor ond, when
lhc County hu bccll ql!llified by HUD u • url,311 county ne1U,er
the County nor the City may tenn1n1tc tbis la,ecment or withdraw
tbcttfrom dunng that period or paformanec; provided, however, 1r
the County r .. i. to quahfy as en urban county or docs not receive 1
CD grnnt 1n any year or the lhrce Program ycan for which il has
qualified, or if ony federal lcgislotlon should change the
qua lification or entitlement status or tho County or tho City, either
party may tenn11111c Uus agn:cmcnt or withdraw therefrom.
F1dcre by either pany lo adopt amcndmcnl5 to this ag,ecrncnl
incorporating all chanaes neceuary to nut 1Y,. rcquircmcnl5 for
cooperation agn:ements set forth In tho urban county quahOcation
notice applleeble for • subsequent three year period, ond submlllal
of said amendment 10 HUD ns provi~ed in the urban county
qualification notice will void lhis agreemenL
The City undontands that the County IS aul>Jecl to budget ehangea
., a reault or rcdenl legislation, and that the County is not under
obligation to allocate I constant amount or COBO fund, to Ute
City for use in projects supported by the City. The County,
however, •sr••• 10 notify the City or the nmount of CDBG funds
designated for use on Clly endorsed projecl5
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If the County quahfics as an urban county nnd the City ,s mcludcd, dunng the three Program ycall for wh,ch the Coun1y has quahficd, 1he po.rues 1grce not to veto or otherwise obstruct the 1mplcmcnta1ion of the approved Five Y cur Consohd11ed Pion during 1h11 lhrcc year period nnd for such 1dd1tlon•I time as may be required for the expcnd:rurc of funds grant~d for 1h01 pcnod .
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IN WITNESS WHEREOr, the parucs hcre10 have CJ1U<td th" •~rccmcn1 10 be duly nuthom.ed and • excculed by ea<:h on the date •pcc1ficd as follows Arapahoe County
S1gnau,re.,... __________ _
Susan Bcclcman
Chair of the Board of County Commusioners
ATTEST:
Signarure::------------
Nancy A. Doty
Clerk to the Board of County Commissioners
City of Englewood
Signature ___________ _
Name James K. Woodward
Mayor of Englewood
ATT1'ST:
Signatuie ___________ _
Name Loucrishia A. Ellis
City Clerk
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COUNCIL COMM UN ICATIO N Date: Agenda Hem: Subject: June I, 1009 t 1 a ii Medical Zone and O1erlay District Amendments to TIile 16: Unified Development Code Initiated By: Commun ity Development Department I Staff Source: John Voboril. Planner
COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION
Council chose to make economic developmen t a top Council goal In early 2006, and has co nti nue d
to reaffirm this goal as a top priority. The Medical Zone and Overlay District Amendments 10 the
UDC and the related but separate ordinance to amend the Official Zoning Map 10 rezone portions
of the Medical Distnc~ have been developed in re,sponse to Council's desire to establish more
development-friendly regulations In the immediate vicinity of Swedish Medical Center and Craig
Hospi tal to ta ke advantage of development interest In the area.
The follO\,ing timeline presents a complete list of Council actions on the Medical Zone and Overlay
Amendments and related but separate ordinance to amend the OffKial Zoning Map beginning with
the Englewood 00\YOtown and Medical District Small Area Plan process:
June 20, 2006 Sludy Session: CD Proposal t o Undertake Small Area Planning Process fo r the
Englewood Downtown and Medica l Districts
February 20, 2007 Study Session: Review of Englewood DowntO\YO and Medical District Small
Area Plan Policy Document Goals and Objectives
April 2, 200 7 Regu lar Meeting: Council App roval of Englewood Downtown and Medical
District Small Area Plan Policy Document Goals and Objectives
by Resolution
June 16, 2008 Study Session: Englewood Medical District Small Area Rezonin1: Plan Update
October 13, 2008 Study Session : Presentation of Medical Zone and Overlay Distri<:I Amendment
COtKepts and Rezoning BoundJrics
RECOM MEN DED ACTION
Community Development seeks Council support for a bill for an ordinance approving amendments
to Tide 16 (Unified De~elopment Code) or the Englewood Municipal Code pertaining 10 Medic.,!
Zone and Overlay Districts. Staff further recommends that Council schedule a public hearing on
July 6, 2009 to gather public input on this issue and another closely related ordinance amending the
Official Zo ning Map (agenda Item 11 a iii) .
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all residents. pr~ ownttS, and business owners within and one block beyond the Downtown and Medical District study area boundanes were in,ited to anend stakeholder meetings on NO\ ember 12 and 1 3, 2008. Stilkeholders "e,e generally accepting of the Medical Zone and 0. eriay District concepts presented to them, recoSllizing that the concepts conformed to the vision. goals, and objecti,es of the original Englewood Downtown and Medical District Small Area Plan. During the first quarter of 2009, Community Development staff translated the Medical Zone and Overlay Distric t concepts Into UDC text amendments. Staff presented the UDC text amendments to the Planning and Zoning Commission o,,,er the course oc two study sessions on April 7 and April
21, 2009. Edits were made to the UOC text amendments in accommodition to PlaMing
Commission requests.
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The proposed new Medical Zone and Overlay District regulations for the Swedish-Craig Medical
District have been desi81led to foster economic development and expansion. The proposed new
zoning and overlay districts hold many aMniages over the existing zoning patte<ns:
• Expansion of area aftO\\'lng reiail uses directly south oc the Swedlsh Medical Center and
Craig Hospital campuses and traditional Old Hampden corridor
• Addition of hotels to the list of allowable use
• Prevendon of new automobile uses from locating within the area
• Bimination of d'&nminatory regulations against smaft projects on small lots
• Increase ln allowable residential densities
• Greater setback ftexibtlity
• Grea ter height allowances for Swedish Medical Center and Craig Hospital campuses and
the area directly south of the campuses between l.ogan and Clarkson Streets
• Pedestrian-oriented development standards that bring buadings close to the stree~ require
parking to be located to the rear of the lo~ and require minimum amounts of first floor
\\indows for retail uses
• SubstJtution of suburban, residential landscaping style standards \\ith more urban,
conimeroal sl)ie landsapmg standards
Qncript,pn ,f Preferred Alternative
M 1; Mixed Use Medical. Off~, a nd High Density Residential Zone District
Toti ione, ~tnct aRO\vs hospitals and medical uses, as well as general office, high density
residential and he-els as pn,nary land uses. The district covers the existing main hospital campus
areas. 111 order to protect residential neighborhoods to the north, it does not allow retail as a
primal) use.
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PlanninJ 11nd Zon1na Comnun1on Pubhc H,anns Cm •100S-0J on<! ,zo :..,009.01 Mai S. lOO'.J P,J, I or 10 CITY OF ENGLEWOOD PLANN ING AND ZONING COMM ISSION RE GU LAR M EETING May 5, 2009 I. CALL TO ORD ER Q The regular meeun g o f the City Pl anning and Zoning Commission was called to order at
7:06 p.m. in the Coun ci l Chambers of the Englewood Civic Center, Vice Chair Knoth
presiding.
Present :
Absent:
Staff:
Roth, King. Welker, Calonder, Kriege r, Knoth, Fish, Kinton
Brick, Bleile
Alan Whi te, Community Development Director
John Vobori l, Planner
Nancy Reid, Ass istant City Attorney
II. AP PR OVAL OF MINUTES
April 17, 2009
Krieger moved :
Calonder seconded : TO APPROVE THE APRIL 17, 2009 MINUTES
Vice Chair Knoth asked if there were any modifications or corrections .
There were none.
AYES:
NAYS:
ABSTAIN:
ABSENT:
RoIh, Welker, Krieger, Calonder, Knoth, Fish, King
None
None
Brick, Bleile
Motion carried.
Ill. PUB LI C HEARING: CASE #2008-03 AND CAS E #ZON2009-0 1
Fl
Welker mov ed:
Roth seconded: THE PUBLIC HEARING ON CASE #2008-03 AND CAS E
#ZON2009-01 BE OPENED
AYES:
NAYS:
Knoth, Roth, We lker, Kin g, Kriege r, Calonder, Fish
None
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Pl_..!'!1r.J :anJ Umni Comrmsnon Pubhc llc..,n, C->< •lOOS-03 mJ "20'-100'J-OI \la) S. ~009 P21, 3 orlO Comprehensive Plan Housing Goal # I states "Promote a ba lanced mix of housing oppor tuni ties serving th e needs of all current and fu ture Englewood citizens•. Supporting tha t goa l, Small Area Plan Ho using Goal #3 sta tes "Encourage investmen ts in new housing wi thi n the Medica l Ce nte r area". The insp ira tio n for the Medical Zone and Overlay Di strict Amendmen ts, in terms of housing, comes from The Terraces at Pennsylvania project. This is a recently completed project bui lt by the Englewood Ho using Authori ty which was forced to go through a Planned Unn Developmen t Rezoning process. Staff would like to allow tha t
type of development to occur without the rezoning requirement Staff focused on making
the setbacks more fl exible and creating a larger development envelope on a particular
property for more flexibility for development purposes. Also, Staff looked at changing the
way the City regula tes the number of residential units on a property. Existing zoning
regulates the number of residential units by land area per unit. Staff suggests switching to a
system which would regulate the numoe r of residential units on a development by the
maximum heigh t res tr ic tions and min imum parking requiremen ts. Staff also ins tituted a
numb er of different heig ht zones. Some area heights were kep t at th e current level in order
to pro tec t the ne ighborh oods to the no rth and the east. In othe r a reas sou th of the main
hospi tal camp us, Staff crea ted a height zone of 14 5 feet to enco urage a more in tensive
residential type deve lopmen t in an area tha t would no t affect th e si ngle-fa mily residential
neighborhoods to the no rth and east. As for landscaping, Staff has transitioned away from a
suburban residentia l style to a more urban style .
Mr. Voboril stated he would now be discussing business goals. Comprehensive Business
Goal #5 states "Recognize umque characteristics and associJted opportunities for
enhancing the value of Englewood's commercial, industrial and mixed-use districts." In
support of this Comprehensive Plan goal Staff has recognized three Small Area Plan
Business Goals. They are:
1. Pro mote the old Hampde111 Corridor as a fine grained pedes trian oriented
co mmerc ial dis tri ct.
2. Expand opportuniti es for the recruitment and development of neighborhood
serving bus inesses within the Med ical Center District.
3. Work closet}• with Swedish and Crnig Hospitals to accommodate facilit~
expansion in a manner that presen es and enhances the quality in life in
surrounding neighborhood~.
In support of these business goals the follo\\ing items have been incorporated into the
Medical Zoning Amendments :
1. Fo r land uses Staff has expanded the area for retail developmen t from the
original Old Hampder, MU-B-2 cor ridor to include the ar ea south o f the
medical campus stretching to Highway 285 between Logan and Eme rson
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Planning 11nJ. lonint Ct1mm1~,11 >n Publu: Hc:mn~ Ca1t •1008·0 ) ood •lO\l()Oq·0I \ll) l . :009 P,g, < of 10 1he goals and objectives of Roadmap Englewood: The 1003 Englewood Comprehensive Plan. 4 That the proposed amendments related to the creation of the M-1 and M-~ Zone Districts and the M-O·1 and M-0·2 o,erlay Districts should be adopted as parl of Title 16 Unified Developmenl Code or the Englewood Municipal Code.
CASE #ZON2009-01
Mr. Voboril presented proof or no1ification of the Public Hearing published in the
Englewood Herald on April 17, 2009.
The Medical Dislricl area was initially identified in Roadmap Englewtlod: The 2003
Englewood Comprehensive Plan as a potential area of change for the City ~•f Englewood. In
supporl of that vision 1he Cily or Englewood Community D P.veloprnenl Depa rt menl began
a Small Ar ea Pla11ni11g process in the fall of 2006 with the bl essi no; of Ci ly Council. Five
thousand lellers were mailed lo all business ow ners, property ow·,e,s 1•1d residen ts within
the two dis tricts inviting them to participate in a series of stakelu!c", meetings. Three
hundred people registered to par1iclpa te and approxima tely 150 people att ended lhe
meetings. At the stakeholders meetings Staff gave a presen1a1ion on existing issues and
conditions found in lhe Medical Dls tricl area. Staff 1he I posed a series of questions to the
stakeholders concerning lhe areas they fell were areas tJf stabilit\' and those that were areas
of change. Slaff took 1hal feedback and developed the vision, goals, and objectives .,, •.
were lhen Incorporated 11110 the Small Area Planning Policy document which was ,i.,_ ,
brought before 1he Planning Commission in a Public Hearing. It was recommendeo
approval lo City Council and City Council approved the document by Resolution In 11.e
spring of 2007. Soon after that S1,1lf began to work on developing a rezoning boundary
area for the medical districL
Slafi had originall1• di,ided lhe area 11110 si~ differem sub-areas. Stakeholders were asked to
focus on each sul).area, look al the existing conditions and then comment on what areas
the\ felt were appropriate for ch;mge and which areas they did not wanl lo see significant
change in Staff then developed a senes of goals and objectives for each sub-area. Staff then
used those goals _.,d objectives 10 create the boundanes for lhe rezoning area. Once those
boundaries \\e,,• de,eloped Staff held a series oi Planning Commiss10n slud\ sessions
where those bc,undJries were discussed and slight modificalions were made. On ce 1he
boundaries we re finalized Staff held public sessions with both 1he hospi1als and with the
stakeholder,. Map, of the proposed bow1dar1es were displayed and Slaff asked for
comments. There were no serious objections to the bounda ries.
Al this l ime, M r. Ve '>oril staled he would like lo go -.,ver the re lationship be1ween the Sub•
area Goals and 1he Medical Zone Overlay Dislrict bounda ries, Sub-areas of change
included Medical Sub-areas 1, 4 and 6. I-le referred 10 a large display map sel up for the
P.-q..-.!2-JC--h\.l~Hcr"'I c ... ~J • ..i-zo,1009 01 M,yS.~ P"S'6ol 10 Comm,ss,oner's re\'iew All of Sub-areas I and 4 ha,e been incorporated rnto the medical rezoning boundary area. The majority oi Sub-area 6 has also been induded in the rezoning boundary area as well. Sub-areas 3 and S were identified as partial Sub-areas of change .\\edical Sub-area 3 Goal S states "Encourage limited change to s .... edish owned properties 1mmed1ate~ adjacent to Girard Avenut'· This area is designated In blue on the map and as M-0-1 Ch:erla) Thest' properties are o" ned b1· Swedish and Craig and the intent was to allow hmi ted change in these properues in support of the main hosp,tal use. but at the
same time to l1m1t the e ncroachment w1thrn the rest of the Sub-area. The boundary was
drawn to include only the first 100 to 1 SO feet of that Sub-area. Medical Sub-area S Goal B
states "Promote Sub-area 5 as an area of change along the Old Hampden Avenue
corridor• Mr. Voboril poin ted out the area on the display ma·· The stakeholders were very
amenable to change occurring along the Old Hampden Corri ,, but wanted to protect the
majority of the residenual area to the south For the area thr , oned. Staff rezoned the
current MU-8-2 zone as M-2 ,,ith the first property 1mmed1,.• .1y to t½ south designated as
M-0·2, as an overlay district that would se"'e as a transilloo: zone M tXlmum height in this
o,erlay district would be 32 fee t creating a olce transition h!Wttn .he business corridor
and the residential area
Staff recommends tc the Planning Comm,ssion the fo0owmg motlons concerning CASE
#ZON2009-0t·
I . That residents, property owners. and business owners having perwnal
interests within and one block beyond the original Downtown and Medical
Oistnct study area boundaries were invited to participate as commurnty
stakeholders in a review of the ptoposed Medical Zone and Overlay D1stnct
lx>undaries
2 That two stakeholder meetings we re held on November 12 and 13, 2008 in
order to present proposals for Medical Zone District and Overlay boundaries
based on pres,ious directions given by stakeholders documented in the goals
and objectives of the Englewood Down rown and Medical o, -•rict Small Area
Plan
3. Th.:it the proposal to rezone an arc.; of the City generally bounded by
Southlogan Stree~ Ea~t Girard Avenue, South Lala\ ette Stree1, and l,.tle Ory
Creek, from MU•S-1. MU-B-2. MU-R l B 'UD, R 2-8, and R-1.C to M-1 and
M-2 Zone O1str1cts, to establish areas m \\nK, supplemental M-0-1 and M-0-
2 Medical Q\.erlay District regulations appl) a :I 1~ consistent with the goats
and obiectives of Roadmap Englewood The 2003 Enfl"' ood
Comprehensl\e Plan.
4 That the proposal 10 rezone an ar
South Logan Stree~ East Girard A,en
ro( the City generally bounded by
th Lafa~ette Stree~ and Unle Dry
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Pbn.'\lnf 2nd Zorun.i-Cofflffll.1,\:lon Publoc H•"'1llg CU< •~-03 ,nd "2O:S!OO') 01 M,y S. 2009 P,;c 6or 10 Comm issioner's review. All of Sub-a reas I and 4 have bee n incorporated Into the medical rezoning boundary area The majority of Sub-area 6 has also been included In the rezoning boundary area as well. Sub-areas 3 and 5 were Identified as partial Sub-areas of change. Medical Sub-area 3 Goal B states "Encourage limited change lo Swedish owned properties immediately adjacent lo Girard Avenue·. This area is designated in blue on the map and as M-0-1 Overlay. These properties are owned by Swedish and Craig and the intent was to allow limited change in these properties in support of the main hospital use, but at the same time to limi t the encroachment within the res t of the Sub-area. The boundary was
drawn to include only the first 10 0 to 1 SO fee l or that Sub-area. Medical Su b-area 5 Goal B
states "Promote Sub-area 5 as an area of change along the Old Hampden Avenue
corridor". Mr.' 'obori l pointed out the area on the display map. The stakeholders were very
amenable lo change occurring along the Old Hampden Corridor but wanted to protect the
majo:iry cf the residential drea to the south. For the area they supported, Staff rezoned the
current MU-i:l-2 zone as M-2 with the first property immedia tely to the south designated as
M-0-2, as an ovl!rlay district that would serve as a transition zone. Maximum height in this
overlay district wou ld be 32 feet creating a nice transition between the business corridor
and the residentia l area.
Staff recommends lo the Planning Commission the following motions concerning CASE
#ZON2009-0l:
1. That residents, property owners, and business owners having personal
in1°rests wi thin and one block beyond the original Downtown and Medical
District study a rea boundaries were invited to participate as community
stakeholders in a review or th e propose d Medica l Zone and Ove rlay Distric t
bo undaries.
2. That two stakeholder meetings were held on November 12 and 13, 2008 in
order lo present proposals for Medical Zone District and Overlay boundaries
based on previous directions given by stakeholders documented in the goal~
and objectives of the Englewood Downtown and Medical District Small Area
Plan.
3. Thal the proposal to rezone an area of the Cily generall y bou nded by
Soulhlogan Slree~ East Girard Avenue, South Lafayette Stree~ and Little Dry
Creek, from MU-B-1, MU-B-2, MU-R-3-B, PUD, R-2·8, and R-1-C to M-1 and
M·2 Zone Districts, to establish areas in which su~plemenlal M·O·I and M·0-
2 Medical _ ·,erlay District regulations apply and is consistent with the goals
and objectives of Roadmap Englewood: The 2003 Englewood
Comp rehen ~ive Plan.
4, Th~l the proposal Io rezone an area of the Ci ty generally bo unded by
South .Logan Street. East Girard Avenue, Sou,h Lafayette Street, and Little Dry
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• Plimmrig :mJ Zon1n~ romm.sswn Pul>h<Hnnns Cm •100S·0~""" •Z0~:009-01 M,1 S, 2009 P,,c1 of 10 Creek, from Ml.J•B·l, ,\\U·B-1, MU-R·3•B, PLD, R-2·6 and R•l·C to M-1 and M· 2 Zone Districts, to establish areas in which supplemen tal M·0· 1 and M·0-2 Medical Overla\' District regulations appl\ and should be adopted as an amendment to the Ofllcial Zoning Map of the City of Englewood , Mr, Vobori l offered to answer any questi ons the Commission may have. Mr. Roth said for the record in Zone District #3, th e Commission had an objective i11 the
Small Area Plan ,vhich said "Discourage further hospital expansion beyond the current
hospital ow ne d properties north of Girard Avenue•. As noted at the last Planning and
Zoning meeting that objective has not been met because of continuing to allow hospital
use in the MU-R-3-B zone district. He said if I am reading the tables correctly, if someone
were to accumulate 24,000 squa re feet of property no rth of the M-0· 1 zon e district they
could build to 60 feet and have a hospital use.
Mr. Voboril said at this time that is correcL He stated the plan, at this time, is tha t a Phase II
pro cess wou ld need lo be done in the future after these Medical Zone Districts are
approved. Regulations for the MU-R-3-B would need to be revisited and at tha t time Staff
would make the necessary changes that would protect those areas from encroachment
from hospita l campus uses .
• Vice Chair Knoth stated the Commission discusse d having separate columns for M·0· 1 and
MU·R-3-8. Is that going to be donel Ms. Krieger stated it was decided to keep them In the
same column.
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Mr. We lker said he was glad Mr. ,!oth brought up the issue of hospital use. He stated he is
comfortable it will be revisited.
Mr. King asked Mr. Voboril if there are any developers who arc current ly silting in the
wmgs waning for this cha nge to take place. Mr. Voboril said there was someone looking at
the northwest corner of Highway 285 and S. Clarkson Street for a hotel type of use.
Vice Chai r Knoth thanked Mr. Voboril for his presenta11on.
Vice Chair 1,,nc,th asked Ms. Perry-Smith to come to the podium
PUB LI C TESTIMONY (Uoth Cases)
Q
Ms. Debbie Per') •Smith was s, ,rn in. She thanked the Planning and Zoning Commission
for the opportunity to speak in favor of both cases tonight She stated she and her husband
have been property owners in Englewood for a!most 20 years. She said th ey completed a
pioneering project last year at 960 East Hampden Avenue and really likes the direction the
City Is going. Old Ha mpden Is a gateway to Englewood through the Medica l Dis trict. She
stated she has been very much invol\ ed in this process and attended the stakeholder
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PlanmnJ :i.nd 7..onin; Comm1l\10n Pu.b!1c Hc1nn1 Cuc ,:OOS.Ol ,nJ ,zo,:ilO'l.OI M,y S. 2009 P:,gt9 ofl0 Mr. Fish said he has h,ed in the area for :!5 years and walked the streets man\, many umes, mostl 1· for pleasure. He stated he is excited to see these zoning changes take place because he feels the area has stagnated in some areas. This \\ill provide the opportunity for development along the right tracks. He feels it is in line "ith what the City wants to do and we need to stimulate development in that area. Mr. Welker stated it is a goal of his to create new life in that area and some viability. One of
the reasons the Commission has not been able to deal with the parking issue yet is that we
do not want to inhibit development there, but structure it in such a way that it can be
successful and not destroy those thmgs that need to be maintained in the surrounding area.
AYES:
NAYS:
ABSTAIN:
ABSENT:
Knoth, Roth, Welker, King, Calonder, Krieger, Fish
None
None
Brick. Bleile
Mr. Roth voted yes, but wanted to express that th e Commission needs to see the ·,i,si11~
Issues soone r rather than late r.
Motion ca rried .
Fish moved :
Roth seconded. CASE #ZONZ009-01, AMENDMENTS TO THE OFFICIAL
ZONING MAP TO REZONE AN AREA OF T!-IE CITY
GENERALLY BOUNDED BY SOUTH LOGAN STREET, EAST
GIRARD AVENUE, SOUTH WA YETTE STREET A °'ID LITTLE DRY
CREEK FROM MU·B-1, MU-B-2, MU-R-3-B, PUD rl 2-B tD R-1·
C ZONE DISTRICTS TO M-1 AND M-2 20 Z 'l •,T':TS ANO
TO ESTABLISH AREAS IN WHICH SUPPLEME/,111; ,1-U ' AND
M-02 MEDICAL OVERLAY DISTRICT REGULATIONS /\PPL Y, BE
RECOMMENDED FOR APPROVAL TO CITY COUNCIL IV/TH A
FAVORABLE RECO"1MENDATIO\J FOR ADOPTION.
Vice Chair Knoth asked If there was any discussion. There "as not. The \'ice Chair called
for a vote.
AYES :
NAYS:
ABSTAIN :
ABSENT:
Knoth, Roth, Welker, King. Calonder Krieger Fish
No ne
None
Bri ck, Bleile
Motion carried .
Pl~ning ;md Zonm; CommbSIM'I Pl.ibh .. Hcmnt C;uc •!OOS-Ol ,n,l •ZO:<~ 01 \b~ 5. 2009 P,1, IO oflO Ms Krieger thanked Mr. Voboril ior all his hard work; he's done an excellent job and really was responsi,e to th e Commission's concerns and the stakeholder's concerns. He really tried to make sure that Staff me1 everyone's varying ideas of what should happen as best he could. As Mr. Welker said, the Commission has worked long and hard on this issue and appreciates things being ca rrie d through. She said in her time on the Comm ission she has seen numerous plans come forward , but we never get to the implementa lion strategies. ll ls really wonderful to see that happening. She said kudos to Mr Voboril and Director \ \ hite for keep ing the priorities In place. Mr. Kmg seconded that:
IV. PUBLIC FORUM e
There was nothing further to report.
V. DIRECTOR'S CHO ICE
Q Director White congratulated Mr. Voboril and the Commission 0,1 a job well done.
VI. STAFF'S CHOICE
fJl Director White noted the next meeting will be held on May 19, 2009 and the
Commission will continue the landscaping amendments discussion.
VII. ATTORNEY'S CHOICE
el Ms. Reid had nothing to report.
VIit. COMMISSIONER 'S CHOICE
fl The Commissioners had nothing further to report.
The meeting adjourned at 7:51 p.m.
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CITY OF ENGLEWOOD PLANN ING AND ZO NI NG COMM I SSION IN TH E MAmR OF CASE #ZON2 009-01 , FINDINGS O f FACT, CONCLUSIONS AND RECOMMENDATI ONS RELATING ) ) ) TO THE AMENDMENT TO THE O:FFICIAL ) ZON ING MAP TO REZONE AN AREA OF THE ) CITY )
INITIATED BY:
COMMUN ITY DEVELOPMENT
DEPARTMENT
1000 ENGLEWOOD PARKWAY
ENGLEWOOD, CO 80110
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FIND INGS OF FACT AND CONCLUSIONS Of THE CITY PLA NNING AND ZON ING COMMISS ION
Co111111issio11 Members Presenl: Krieger, Calonder, Fish, King, Knoth, Ro th, Welker,
Kin ton
Commission Members Absent: Brick, Blei le
Th is matter was heard before the Ci ty Planning and Zoning Commission on May 5, 2009 In
the City Council Chambers o( the Englewood Civic Center.
Testimony was received from staff and the public. The Commission received 11oti1.e of
Public Hearing. the Staff Report. and a copy of the proposed amendment to the Official
Zoning map which were Incorporated into and made a part of the record o( the Public
Hearing.
After considering the sta t,~rnents of the witnesses, and revie-,, ing the pertinent documents,
the members o( the City Planning and Zoning Commission made the folio\\ ,ng Findings
and Conclusions
FIND INGS OF FACT
THAT the Public Hearing on the Amendments to the Official Zoning Map to Rezone
an area o( the city generally bounded by South Logan Street, East Girard Avenue,
South Lafayette Street and Little Dry Creek from MU-8-1, MU-8-2, MU-R-3-8, PUD,
R-2-B and R-1 ·C Zone Districts to M-1 and M-2 Zone Dist ricts; and to es tablish areas
in which supplemental M-0-1 and M-0-2 Medical Overl ay District Regulations apply
was brough t before the Planning Commissio n by the Department of Comm unity
Deve lopment, a departmen t of the Ci ty of Englewood .
2. THAT notice of the Public Heanng "as published in the Englewood Herald on April 17, 2009. 3. THAT residents. property owners, and business owners ha,ing personal interests ,,ithin and one block be-,ond the original Do"ntown and Medical District stud) area boundaries "ere inV1ted to participate as community stakeholders in a re,ie\, of the proposed Medical Zone and O.erlay District boundaries. 4. THAT .. ,o stakeholder meetings were held on t-:o,ember 12 and 13, 2008 in order to present proposals for Medical Zone and 0. erlay boundaries based on previous
directions gi\,en by stakeholders documented in the goals and objectives of the
Engll!'vood Downtown and Medical District Sman Area Plan.
S. THAT the proposal to rezone an area ol the Oty generally bounded by South Logan
Street, East Girard Avenue. South Lafayette Street, and little Dry Creek, from MU-8-
1, MU-8-2, MU-R-3-B, PUD, R-2-B and R-1-C to M-1 and M-2 Zone Districts, to
establish areas ,n which supplemental M-0-1 and M-0-2 Medical Overlay District
regulations apply and is consisten t with the goals and objectiv es of Roadmap
Englewood: The 2003 Englewood Comprehensive Plan.
6 . THAT the proposal to rezone an a,ea of the City generally bounded by South Logan
Street, East Girard A~enue, South Lafayeue Street, and little Dry Creek, from MU-B-
1, MU·S-2, MlJ.R-3-B, PUD, R-2-B and R-1-C to M-1 and M-2 Zone Dis tricts, to
establish areas m which supple mental M-O-1 and M-0-2 Medical Overlay District
regulations apply and should be adopted as an amendment to the Official Zoning
Map of the City of Englewood.
CONCLUSl ()NS
1. TH .&.T the Public Hear111g on the Unified Development Code Housekeeping
Amendments was brought before the Planning Commission by the Department of
Community Development, a department of the Oty of Englewood.
2. THAT notice of the Public Hearing was published in the Englewood Herald on April
17, 2009.
3. THAT all testimony received from staff members and the public has been made part
of the record of 1he Public Hearing
4 . THAT residents, property owners, and business owners having personal interests
within and one block beyond the original Downtown and Medical District study
area boundaries participated as community stakeholders in a review ol the
proposed Medical Zone and Overlay District boundaries.
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THAT "' o stakeholder meeungs were held 011 o, ember 12 and 1 3, J008 ,n order to present proposals for Medical Zo11e and O,erla, dis1r1c1 bounda·1es b.,sed on previous directions given b1• stakeholders documented in the goals and ,b; . ~s o : the Englewood D01, nto" n and i\ ledical District Small Area Plan. 6. THAT the proposal to rezone an area of th r-;ty generally bounded by ,,,th Logan St reet, Eas t Gira rd Avenue, Sou th Lafave tte Street, and Litt le Dry Cr~ek, 1111n , MU·B· 1, MU-B-2, MU-R-3-B. PUD, R-2-B and R-t-C to M-1 a nd M-2 Zone !Jbtncts, to establish areas in which supplemental i\1·0 , 111d M-O -2 Medica l Overla\ District regulations ~pply and 1s consislen t with the goJls and objec ti ves of R .,dmap
Engle\\ cod: The 2003 EnglPwood Comp, ,hensive Plan.
i . THAT the proposal 10 rezo11e an area of the Cit)' generally bounded bv South Logan
Stree~ East Girard A, enue, South Lafavette Str.:-.~ o'ld Little Dry Creek, from MU•B-
1, MU-B-2, MlJ.R·3-B, PUD, R-2-B and k-i..: to M-1 and M-2 Zone Districts, to
establish areas in which supp lemental M-0· 1 and M-O-2 Medical Overla\' District
regulations apply and should be adopted as an amendment to the Offi,;,, 'oning
Map of the City of Englewood.
DECISI ON
THEREFORE, it is the decision of the City Planning and Zoning Commissi on 11>11 Case
#ZON2009-01 , Amendment to the Official Zoning map to rezone an area of the City
should be referred to the City Council with a favorable recommendation.
The decision was reached upon a vote on a motion made at the meeting of the City
Planning a nd Zoning Commission on May 5, 2009, by Mr. Fish. seconded by Mr. Roth,
which motion states :
AYES
NAYS,
ABSTAIN ;
ABSENT :
CASE #ZON2009·01, AMENDMENTS TO THE OFFICIAL ZONING MAP
TO REZONE AN AREA OF THE 07Y GENERALLY BOUNDED BY
SOUTH LOGAN STRCET, EAST GIRARD AVENUE, SOUTH LAFAYETrE
STREET AND LITTLE DRY CREEK FROM MU-B-1, MU,B-2, MU·R-J,B,
PUD, R-2-8 AND R-l·C ZONE DISTRICTS TO M-1 AND M-2 ZONE
DISTRICTS AND TO ESTABI.ISH AREAS IN WHICH SUPPLEMENTAL M•
0 -1 AND 111-0·2 MEDICAL OVERLAY DISTRICT REGULATIONS APPLY,
BE RECO,\I\IEf'.iDED FOR APPROVAL TO CITY c ou,-.;CIL WITH A
FAVORABLE RECO\t.\1E,'\;DATIO, FOR ADOPTION
Fish, J..noth, Roth. Welker, King. Calo,.der, Krieger
None
None
Brick, Bleile
• Motion ca rr ied.
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ORDINANCE NO. SERIES OF 2009 BY AL'THORITY A Bill FOR COUNCIL BILL NO. 25 INTRODUCED BY COUNCIL MEMBER ____ _
AN ORDINANCE AMENDING TITLE 16, OF THE ENGLEWOOD MUNICIPAL CODE 2000
PERTAINING TO THE UNIFIED DEVELOPMENT CODE 2008 CREATING A NEW MEDICAL
ZONE DISTRICT.
WHEREAS, the Englewood Urufied Development Code (UDC) was adopted in 2004, as the fi~t
comprehensive mning code update since 1985; and
WHEREAS. the Englewood C11y Council made economic d"'·e-lop1ncn1 n top Council goal in 2006: and
WHEREAS, the Medical Zone and Overlay District Aml'tldments 10 the Unified De, ;lopment Code
(UDC) rezones property to establish more development-friendly regu lations in the immediate vicinity of
Swedish Medical Center and Craig Hospital to take advantage of development interest in the area: and
WHEREAS. the Engl,;wood Planrung and Zoning Comnussion recommended approval of these
mncndmcnts al its May S, Z009 Meeting;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD. COLORADO, AS FOLLOWS:
~. The City Council of the City of Englewood. Colorado hereby authorizes amending Title
16, Chapter I, Sect ion 8, Subsection E(2) of the Englewood Municipal Code 2000. by the addition of two
new paragraphs c and cl. to read as follows:
16-1-8: Offi cial Zone District Map.
A. Ncccniry for District Dc.,ignation. It is the inicnt of this Title that al\ land within the boundaries of
the City of Engle"•ood shall be located within one of the zone d1s1nc1s enumerated and listed m
Chapters 16-3 EMC. If, for any reason. any land within the boundanes of the City shall be
de1crmi11cd not 10 be within one of the aforesaid d1stnc1s, no permil.! shall be issued for the erec1ion
or alteration of any buildmg or structure in the an:a found wanting classification until the area has
been examined by 1he Cily Planning and Zoning Comm,ssion and the City Council and a zone
classification enacted and established 1herei,1. Action 10 zone land 10 the appropriate zone
clas,ification shall be completed by the City w11hln ninety (90) days from lhc effective date of the
annexation ordinance, or from the date of such other final action that rendered the area to be without
proper 1.0ne classificat,on. In delcrmining the zone classification lo be applied to land, the City shall
e\'aluate the physical characten.stics of the land and the development m the adjacen1 area and shall
consider the plans for development of the site submllled by the owner of the propcny 10 be zoned.
0. AJop1/on of Official Zomng Mnµ. The zone designations and the boundaries of the zone districts
shall be shown upon maps adopted by Ordinance No. 5. Series of 200312004 as amended. and made a
pan hereof. and collecti\'ely shall const itute the Offic io! Zoning Map of the City of Englewood . Said • Map and all of the notations , references an d other infonnat ion shown thereon are as much a pan of this Title as if the matte rs and infonnation set fonh by said Map were fully described herein. For clarificau . to and the convenience of the pub lic. a representati\'e co pv of said Map and the amendments thereto, shall be on disp'•y in the City of Englewood . Th, 'ity Clerk shall maintain a true copy of said Map and the amenc.nents thereto . C. Amendments to Official Map robe Documented. All amendments 10 the Official Zoning Map shall be listed in the order adopted in a separate register maintained in , and kept current by , the City and in addition , such amendments shall be shown on the true copy maintained by the City Clerk.
D. District Regulations to be Uni/onn. The regulations herein established sha ll appl y unifonnly to all
geographical areas having the same district classification and bearing the same designation on the
officia l map .
E. locating Boundaries of lone Districts .
I. General Rules . In determining th• boundaries of zones shown on the map, the fo ll owing rule s
shall apply :
a. Unless otherwise ind icated, the zone boundaries are the centerlines of streets, alleys,
parkways , or channelized waterways , or such lines extended. Where a district boundary line
is shown as adjoining a railroad right-of-way, sai d line sha ll be deemed to coinc ide with the
boundary line of such railroad right-of-way.
b. If a district boundary line extends in the du . -,;.)~ of the length of a block, the district
boundary line shal l be deemed to coincide", n the centerline of such block .
c. lf a district boundary line is shown as appror , late ly following platted lot lines , said
boundary line shall be deemed to coincide witn such platted lot lin es.
d. lf a district boundary line divides a platted lot or crosses unsubdivided property, the loca tion
of the dis trict boundary line shall be determined by dimensions shown upon the zoning map.
c. If a dislrict boundary line is shown by a specific dimension, suc h specific dimension shall
control .
f. If a district boundary line is located with reference to a fixture or mo nu ment , the location of
such fixture or monument shall control.
g. If the street layout or stream course actually on the ground varies from the layout as shown
on the map, the City Planning and Zoning Commissi on shall interpret said Map according to
the reasonable intent of this Title .
h. In the even t a dedicated sireet or alley sho" .1 on the map is vacated by ordinance, the
propeny fonnerly in said street or alley shall be included within the zone of the adjoining
propeny on either side of said vaca ted street or alley . In the event said street or alley was a
zone boundary between two (2) or more different zones, the new zone boundary shall be the
Conner centerline of said vacated street or alley .
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2. Exccpuon. The regul,uons hc<cin cstobhshed shall apply unifonnly 10 all acograph,cal areas ha\1ng the same distncl clnsstfication and bearing the same dcs1gna11on on the ofticial lll:lp, proVlded, howe\'er, that ifa dis1rie1 boundary line established by this Tnle. or by an amendment hereto. divides an area of land held ,n one ownership of record on the date the district boundary line "as established. then and in that event: >. land Under One O,,.,,ership Ha,1ng le" 71ian £1ghtcen n,ousand Sq11art! Feet (I) Each ponion of land in the area so divided may be used in confomumcc with and subject lo the re1,'llla1ions herein established for the district in which each ponion of land is located.
(2) The entire parcel of lard may be used in conformance "ith. and subject 10, the
regulations herein established for the district in "hich is located the ponion of land
which contains more than one-half (I /2) of the entire area held in one ownership.
b. land Under One 0.mushio Having More Than Eighteen Thousand Square Feet. Any
parcel of land e<.ntoining more lhan eighteen thousand (18,000) square feet . hall be used
only m conformance with and ,ubject 10 the regulations hcrcin csUJbhshed for the zone
districts in which each portion of the parcel falls.
,. Mediool Zens Dimtcts la cases where an assemblage of propeo v under one owosahiP is
snljl by P zonjpg boundary djyidjng !he M-1 pnd M-2 zone djstrjcl5 the Cplj[jj Q[PLWY shall
be d;rslopgt accordins to tbs reauircmrnts for the M·2 moe distriCI with the c5csou20 tbot
the fiGJ Door mail RPnion oCthL~ uructuce shall k wofinM to the orifflnol M-, mnffl
QQOIOD PfthS PC9RSOY·
Q. M-0-l Medical Qvcclqr Pirtri,1Jronsaics lo@ted within the M:9·2 Ma!ical Oxsdav
PiMrist ors wmirM to dcv£1oo rti1der oH R-2-B Rass zone district C£RM1Ptions unJm lhe
nmRCXJY is developed H pan of a lams dnelPPJllSJJI including adiacgµ omamx mos;d M-.,
fmgtjg g no Hampdn AYSOUe In such I case the entire PfflPCOY sbPll bp dQ'clopcd
acoordioR to 1hs rcguiccrocn1s for the M-2 zone disLrict wilh the cxc@tioo th.al the first floor
r.etail oonion of tbs; stru,aurc shall bs confined to thc..pri cionl M-2 zoned nortion of the
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Section 2. The City CoWlCtl of the Cuy o r Englew ood. Colorado hetcl:y nuthonzes nmendmg Title
16, Chapter 3, Subsection l(A) "Establishment ofBase Zonmg l)i1tricts" or1hc Englewood Municipal
Code 200~ 10 read ns follows:
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1/;-J• ZONE DISTRICTS • 16-3-1: Cenero: !'rovisioos. A. Esrablifhrnenr of Base z.,,,;,ig Districts. The follo wing base zoning d,s1ric1s are hereby cs1ablishcd:
Residential O ne Dwetlng Unit Districts
R•l•A A large lot size. one dwelling unlt rts:ldcntlal cifatrict
R-t-8 A medium lot size, on• dwelling unit residential dhl\'lt1
R-1-C A small lot slzt one dwelling u.nlt rtsidcntlal woe district
Residential One ud Multi-Dwelling Unit Districts
R-1-A A low-density one and multl-dwdling unit residential zone district
R-2-B A medium-density one and multi-dwelling unit r esidential zone dMrlct ,-.
Mixed-Use ResidentiaVLlmltcd Officc-RetAII Districts
MU-R-3-A A low-density residential and limited office zone district
MU-R-3-8 A medium to hi gh d cnJlty residential aod limited office zone district •
~11,d-l!:1, Malii.11 l2iwJ,11
w ~ ml1al-11H 1111:dl,11 au,": lad lll&b d£lliiD' "1id,11d1I 11111, dl11·g,1
w ~ mi1,d-111, m,d1,1L g(Oi., blab d,111in: tHid,1Ui1I 111d limU,d "1111 "uu:
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Mind-Use C:ommr.rcia l Districts
MU-B-1 A mixed-use central business zone district
MU-8-1 A general arteria l business zone district
TSA A min 1-usc dlJtrlct Intended for land uses adjacent to light rail transit stations
Industrial Districts
1-1 A light industrial zone district
1-1 A general industrial zone district
~pedal Purpose Districts
PUD Planned Unit Development •
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13 Rdurro11.,h1p of Base D,s,ric1., 10 O,·,·rlay D111nc1J Laruls "'thin the Cny mar be cla,s,lied ,mo one of the base 1.0ning d,stncts, as dcscnbed ab.Jve, and may also be class,lied as an overlay d,stnct (Sec. for example, Chapter 16-4 EMC. •~1ood Pla,n O\'erlay D1s1nct.") An overlay distnet ,s a land cse classificauon that lies over tl1e base ronmg allowing for additional uses and dc\'elopment standards different from the base 1.0ning. Where the propmy is classified in an O\'crln)' di strict as well as a base wning district, then the regulations governing development in the o,·erlay distncl shall apply in nJdition 10 the regulat ions governing developmc:;nl in the underlying district. In the event of an express connict between the standards governing a base district and those govcming an overlay district, the standards govcming the over:ay district shall control
tillK Pr,sriPriPP
I uwnrn ,-?YJ111 •rwmnrn
u.a.L A medical pyqlgydistnct coxgjpg a PPOIOO o[tbSi Mll-R-J-8 baK rcsidmtial moe ..... I :: .. _,., .... -= . ..,;., ,rn ••. , ....... ,,,w _ ....
C, Complia nce with Dis1ric1 Standards, No building or structure shall be eret!t:d, convened, cnlorgcd,
reconstructed, or altered for use, nor shall any land, building, or structure be used or changed, except
in accordance with the 1.011ing district rcgulotio1u of this Chapter 16-3 EMC., the use regulations of
Chapter \~.s EMC, the development stondnrds of Chapter 16-6 EMC, and all other applicable
regulation~ of this Tit I•
~. The City C:uuncil of the C11y of Englewood, Colorado hereby authorizes amending Title
16, Chapter 3. Subsection 2 "District Characteristics'" and 16-3-2(A) "Residential Districts" of the
Englewood Municipal Code 2000 10 read as foll(lws:
16-3-2: Disrritt Charactulstics.
One of the goals of the City is to encourage a vancty of housing typCS to mee1 the needs of differing
income levels and varying household structures. Tite regulations for these districts ore designed to
stabilize and protect the essential characteristics of the districts, to allow for certain conditional ond
limited uses that arc controlled by specific limitations governing the impact of such uses, ant! ,o promote
o compati ble neighborhood environment .
A. R,.,ide111ial Disrricts. The purposes of the residential base zoning districts nrc set fonh below. The
allowed uses and use-specific standards for c~ch of ''c dislricts arc sci forth tn Chapter 16-5. All
uses shall comply with the general dimensional sta r. JTds set forth in Section 16-6-1 EMC.
I. R-1-A, ll•l-B. and R-1.C: One dwelling un11 restdcntial districts. The R-1 d1s1nc1s primanly
consist of one dwelling unit rcsidenual neighborhoods. Each distnct is defined by its
dimensional rcqu,rcmc,us for development of a single lot, such as lot size, lot frontage,
setbacks. etc. Multi-umt d"'cllings arc 001 allowed m these distncts.
2. R-2-A, R-2-8 : One and Multi-Dwelling Unit Residential Districts. The R-2 district s provide
a range of housing types between the low-density one-unit areas and the high-density multi•
unit nreas. The two (2) 1.onc districts allow for a mixture of one-unit development with low
and medium density multi-unit housing developments .
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3. MU-R-3-A. MIJ-R-3-B · M1xed-1Jse Res1dennal Lmuted Office O •tncts. The ~IU-R-3 dis1ricts arc composed of1hose areas tha1 are conducil·e 10 low, medium, and h1gh-dcns1ty • residen1ial and limi1cd office developmclll of a charac1er un likely 10 develop a conccn1ra1ion of traffic and people ro 1hese ends. 1hese dis1ric1s arc protected against 1hc encroachment of general tndu,•nal uses and cenam convnerc,al uses. B. Mixed-Use Commercial Oisuicts. 111c uses in 1hcsc disuic1s ore primarily commercial in na1urc, and 1hc rcsidcn1ial developmcn1 is mcorporalcd 1n10 the rclBII bu-.incsses. such as firs1 floor retail. second floor residcnnal. Onc-u1111 dwellings are not :-=iiucd in 1hese d151ncts.
I. MU-B-1: Mixed-Use Ccn1ral Business Dis1ric1. This dis1ric• is a mixed-use dis1ric11h01 is
app;ied 10 1he ceniral business scclion of Englewood. The· dis1ric1 is designed 10 crca1e an
cnvuo,,mem hal'ing urban characteriStics wi1hin a rela1hcl y small area ofland lhrough lhe
close pn,rimny of ac1il111cs and increased social and cuhural opponunittcs. The uses \\11hin
lhis dis1ric1 ore those 1ha1 provide retailing and personal services 10 residents of 1he Chy and
1he surrounding area, ond ore compa1iblc wilh adjaceni dcvclopmenl. In order 10 make the
central business distric1 viable 1wcn1y-four (24) hours a day, and not jus1 during !he
traditional business hours. medium and high-density residential units arc pcrmincd.
2. MU-B-2: Mixed-Use Ancrial Business Oistric1. This dis1rict is comoosed nf ccnain land and
s1ruc1ures used primarily 10 provide rc1ailing and personal services 10 the residems of 1he
Ci1y and surrounding area and urban residcmial uses. The MU-B-2 districl is OJsuolly localed
on major acc,:ss rou1cs and ,s easily accessible from 1hc surrounding rcsiden1ial area which it
serves.
3. TSA: Trunsil S1a1ion Arca, This dis1ric1 is a mixed-use dis1ric1 in1cndcd to ensure a diverse
mix of uses wilhin convenient walking distance 10 Regional Transponatior. Dis1ric• (RTD)
ligh1 rail s1a11ons in 1ltc Cny of Englewood. The distrie1 encourages appr"Pr.atc rcsidcniial
devclopmc111 panerns wilh sufficient dcnsny lo suppon 1runsi1 use and neighborhoods for
residents, as well as commercial re1ail uses"' serve the shop1,,ng and service needs of districl
rcsidcnlS, employees, and commu1ers,
i -M-1 · Miasd Vss: MedjcaL Office and Hjgh Qcnsj1y Res1den1jal P1SJciS1 Ibi• dmnc1
allows hosoi1nls nod mssti@l use as well os general office hish dwilx rcsiden1ial aod
hotels as 0cironrx land usi;s,
~-M•'' Mjxcd-Uss MNlicgl omw H,gh Densj1y Res,dentjal and I imjlcd Re1ajl DjSIOCL
This district allows hosnu,is and mcdiAAI uw as wen as scnera l office hieh dcnsilx
residen1iol hotels an4limitcd retail as primary land uss-
C. lnduslrial Ois1ric1s. The indus1rinl dis1ric1s allow for ccnain uses 1ha1 arc inappropria1c in 01her
1.0nc dis1ricts due 10 lhc impacls associa1cd wnh !heir opcr:111on, such as noise, dirt. dus1. hours of
opcra1ion, unsighl!y condi1ions, uuffic, nnd ou1door storage of equipment and material<. The I
dis1nc1s should be localed nc.,r ll\aJ0r roadways and truck rou1es so tha1 1raffic gencra1ed from the 1
dis1ric1S will 1101 nc~n1ively affec11he residen1iol s1ree1s in 1hc ore •.
1-1: Lighl lncfostrial Dis1ne1. This distnct is imcndcd 10 provide for lia),t manufoe1unng and
industrial uses. and for warehousing and wholesaling uses of a limned nature and size tha1 do
1101 crca1e oppn.-ciable nuisances or hBznrds.
6
•
•
•
•
1-2: General lndustnal D1>tn~t llu, distnct is intended to pro,1de fo r mdustnal and manufacruring uses 1ha1 arc more anlcn.c an n:uure rhan those 111 the hght mdustrial d1stnc1. D. Special Purpose D1stnm. I. PUD : Planned Unit Development District. The PUD district 1s intended as an altcmativc to conv, 1tional land use regulations. TI1c PUD district combines use, density, design, and Zcning Site Plan considera1io11s into o single process, and substitutes proceduml protections for 'Jany of the substantive requirements of this Title. Designation of a PUD district shall compty with the procedural requirements of Section 16-2-7 EMC.
l -M-0-1 · MMiAAI Oxerlov PistriCI This gyglay diurist COYSD a DOOiPP gf ths MU-R-3-Q
base residential woe dinrict thot csoios the base distrlct RSIJDiued lond uw Md sidcntial
dwitv a;gujrqpcp\t but subSilUIG$ Medical Zone District 121 dilPSP$iOP Plrkipg and
larui$AAPiOR muirSDRUI jg IUPPQO gfmqti0I distrid dmlPPment-
J, M:9:2· Ms4ical Ovsl@Y Phtcist Thi1 oxerlav district com I pga,gp of the R-2-8 base
residential zone di$10Gt and allows a ProPSnx the ontisn 10 devsloa under R-2-B reguhuionz
or under M-2 reRMlatioos when it is mcluded as oao ofa lacssr adiacent M·2 zoned site with
ucset fmntasc on Hamnden Avenue Retail use shall be orohibitcd in the M·0·2 o~
~
~-The City Council of the Chy of Englewood, Colorado hereby authorizes amending Title
16, Chapter 5, Section I, of the Englewood Municipal Code 2000, 10 read as follo ws:
16-5-1: Table or Allowed Uses.
Table 16-5-1.1 below sets fonh the categones and types of uses allowed within the rcspecli,'C zorung
districts.
A. Explanation of Table Abhre,,1nt /011.1.
1. Permiued Use,. A "P" in a cell i,,J; •ates that the use type is pcnnittcd by 1,gill in the respective
zoning district. Pcnnitted uses a,c ~ object to all other applicable regulntions of this Title,
including the development stnnt ••rd~ set forth in Chap ter 16-6 EMC .
2. Cunditionnl Uses. A "C" In a cell 111dicales that the use typ( is allowed only if reviewed nnd
approved as a conditional use subJe<:t to a public hearing, in a · .,,dnncc wnh the conditional use
review procedures of Section 16-2-12 EMC.
~-Aa:es.m,y Uses. An "A" in 6 cell indicate-that the use type i, allowed only as incidental to the
principal use on a snc; see Secuon 16-5-4 f.MC for regulation~ governing accessory uses.
4. Limited l'ses. An "L" in a cell 111d1cates the use type is generally appropriate 111 the zoning
district, yet may ha\'c the potential for limited impacts on adjacent propcnies or on the clwactcr
~f the district. These uses arc subject to an administrative review duu grants the City the
authority 10 impose cond1t1ons on the specified use to mitigate potential impacts. Sec Section 16-
2-13 .
7
S. TempotW')' U,es. A 'T" in a cell indicales the use lypc is allowed only for a lim ited dura1ion. See • Secli ons 16-2-14 and 16--5 EMC, for rcgulaii ons governing temporary uses . 6. Prohibited Uses. A blank cell indicales 1ha1 lhe use lype is prohibited in lhe zoning dis1ric1. 7. Additional Regulations . P.egardlcss ofwhe1hcr a use ca1egory is pennined by righl or as a condi1ional, accessory, limi1ed , or lemporary use, lhcrc may be addi1ional regula1i ons 1ha1 are app licable to a specific us,e. The exis1ence of these use-specific regula1 ions is noted 1hro ugh a reference in the last column of lhe use summary 1able entitled "Additional Regu la1ions ." References refer 10 subsections of Section 16 -5-2 EMC, "Use-Specific Standards." Such standards apply 10 all dis1ric1s unless otherwise specified.
B. Unlisted Uses.
I . Pr~cedurefor Approeing Unlisted Uses. Where a panicu lar use category or use type is no l
specifically allowed under this Titl e, the use category or type may be pennined by the City
Manager or des ignee upon a finding lhat the crileria of subsection 8.2. below are mel. The Ci1y
Manager or designee shall give due considern1ion 10 1he in lent of this Title concerning the
district(s) involved, the character of the uses specifica ll y iden1ificd, and the charac ler of lhe
use(s) in question .
2. Criteria/or Approving Unlisted Uses. The Ci ly Manager or dcsignec may allow an uni is led use
(penni ued , condi tional, limi ted, accessory, or tempo rary) in the zoning dist:icl ifhc finds that lhe
proposed use has an impac t 1hat is similar in nalllre , funclio n, and dura lion 10 lhc olhcr uses
all owed in a specific zoning dis tric1. In making such finding , lh e City Manage r or designee shall
assess all rclcvanl charac1eris1ics of lhe proposed use, includi ng but no l limiled to th e fo ll owing:
a. The vo lume a11d type of sales, retai l, wholesa le; size and lypc of ilems sold ru ~: nature of
inventory on the premises;
b. Any pcocessing done on the premises, including assembly, manufaclUriug, warehousing .
shipping, di, lributioc,: any dangerous, hazardous, toxic , or exp losive materials used in the
processing;
c. The na1urc and location of s1orage and ou1door display of merchandise; enclosed , open, inside
or outside 1he principa l building; and predominant types of items stored (such as busi ness
vehicles , work-in-p rocess, inventory, and merchandise, cons1ruc1ion ma1erials, scrap and
junk, and raw materia ls including liquids and powders hazardous or nol);
d. The type , size, and na lure of buildings and s1ruc1ures :
c. The number and density of employees and euslomers per unit area of sile in relalion lo
business hours and employment shifts ;
i . Transpo11a1ion requiremcms, including the modal split for people and freight, by volume lype
and characleristic of traffic generation to and from the sile, lrip purposes and whelher trip
purposes can be shared by olher uses on the site:
g. Parking requiremenls , turnover and general ion, ratio of the number of spaces required per unit
area or 8C livity, and lhe po1cn1i al ~ r shared parking wilh other uses ;
8
•
•
•
•
•
It. TI1e amount and nature of any nuisances generated on the premises. mcludmg but not lim11ed tn noise, ~moke. odor, glare, vibration. rad,ntion nnd fumes: 1. Any srec1al public utility rcqui rements for scl'\'ing the proposed use. including but not limited to water supply, waste "ater, pre-treatment of wnstcs and emissions required or recommended, and any significant po"er slnlcturcs and communicauons towers or facilities: and j. The impact on adjacent propcn ics created by the proposed use will not be greater than that of other uses allowed m the zoning distnct.
3. Ejfacts of Finding by the City Ma11agcr or De.<lgnec.
a. T):pi<'al Uses: Added 10 this Title:
(1) The City shall initiate periodic amendments 10 this T1tlc if the City Manoger or dcsignce
fmds that the panicular use or class of use(s) is likely to be common or 10 recur
f'Rquently, or that omission of specific inclusion and reference 10 this Tille is likely to
lead to public uncenainty and confusion.
(2) Until final action has been taken on such proposed amendment, the determination of the
City Manager or design cc shall be binding on all officers and dcpan.mcnts of the City.
b. ,ltypical Uses: Oclcmunation Binding. In making a determination whether to approve on
unlisted use. the City Manager's or des ignce's determination shall thereafter he binding on all
officers and dcpanmcnts oftbe Ctty, without funher action or nmendme1•· ,1 this Title, if the
City Manager or dcsigncc finds the panicular use or class of usc(s) is , m unusual or
transttory nature. or is unl ikely 10 recur frequently.
c. Appeals. Appeals of decisions to approve or deny unlisted uses shall be appclllcd to the
Commission .
9
16-S-J : T abk of Aliowed Um. (Con1inucd) C. Table of Allowed Uses.
Group lh<ing 16-S· facility. C C i;; i;; p p 2.A.I • largefsp<eial
Group li\'UII p p p p p p p 1: 1: p p p 16-S-
facility, small 2.A.I
Small 16-S-tteatmenl C C i;; ~ p p ,. 2.A.J center
IIOU$Chold Liv.,..,,rlt 1: 1: p p L L 16-S-
Liv, dwcUin 2.A.2
Manufactured p 16-S-
ho me rk 2.A.3
16-S·
Mulri-uni1 p p p 1: 1: p p p 2.A.4
dwelling 16-6-
I.C.4
16-S-
Ooc-unit p p p p p p p 1! 1! 2.A.S
dwellu,g W;
Ooc-unit W; dwelling on a p p p p p p p 1! 1:
small lot w
Boarding or C C C C i;; i;; I
16-S-
rooming holl$0 2.A7
PUBLl cnNSTITUTIONAL USES
Animol Shelter Not-for•profi1 { p • animal sheller
1 0
Eme rgency Housing
Temporary shelter. food C C
Shelter shelter
Government and All other
City bui:dings and
facilities DOI
specified p p p p p p p f f p p p p p
under the
Public/lns1ituti
OOB I Uses • p p p
All U$eS p p p p p
Park and Open .-\thletic field C C C C C C C C p p
Space Community C C C C C C C l. iarden
Park p p p p p p p p p p p p
Religiou s Rel igious
Aw:mb l)' mstitutions p p p p p p I! e L L L L L !.Dd associated
.iccesso uses
Schoo l Education p p p p p p p f f p p C wtitution
Teleconm1unic.11i .~l tcnuuive p p p p p p p f e ~ p p
on Facility mwcr structure
(Sec Chapter I 6-Antenna
7, 1mi crowave
"Telet.-onmmn ir c, antennn, p p p p p p p l! I! p p p p p lio ns, "for scc1orizcJ
app/1cabl, I/Sf · pane l antenna,
rela.:d I v.'hi anumna
guidelin es and Towe r C C C C C C C ~ ~ C C C p p sta•dards/ sm.icrure
Transpona1ion Rm
Facility maintenance p p
facili1 • 'T ransi 1 cen ter p
1 1
Majorutilll)'
facili
Millorulilil)'
r.c.ul)' (11 a C J; J; C C C C C principal 11K
of land
COMMERCIAL USES
Adule Use Alltypesu
p 16-S-defined in p
2.C.l 16-11
Acricultunl Use Gteenhousclnu • rsery, niJina
p p 16-S-of planes, 2.C.2 flowers, or
n slock
Animal Sales and Animal •~lier p p
Servioe KenntVday L p p
can,
Pet IIOtt (live e p p p p p
animalaalc
Small animal
vc1erina.ry I. L p C p p
hospital or
clinic
Ass<mbly Assembly hall
or auduoriwn,
ball rencal for e p p C p p mecunas or
socilll
occasions
Mtmbership
01'1,IJll.Z.IUOn e p p C p p (ex<ludina
aduhuse
Deptnd,nlCatt Dq,,ndenc
16-S-care center
(le,. lhan 24-C C C C C p p I! I! p p C 2.C.7
bourearc, • an a C
12
En1cnainmcnli Amwemctll ' C C C C C Amuscmcn1· es1abllshmcn1
Indoor Hookah f p p p p
Loun •
Ph)'Sical
fi1ness f p p p p p
c• Jter,s a
Thca1erand
pcrfom,anee/c
oncenvenue, p p p p p • 001 includina
aduh
mteruinmtnt
En1,naiM>enll Gtncru
Amuscmcnl ou tooor C C C
Ouldoor recrration
f'mancial Check ciuhinc f p p p lns111utioa w:iluv
F,nan<ial
11111i111tion,
w,lhdm'C• L p p
dvouah
scnic•
Fmanc,al
IM11tub0ft.
w,1h<-\11 dm-e-f p p p p p
lhrouah
5C1"\1tC
food and B= b p p p p p
Bc,..,rag< St'M« Ca1erer p p p
M,crob~" p p p
Re&lluran1,
bar, tA\'Cffl
whhor f p p p p p wi1hou1
outdoor • 0 ration~
l3
L p p
p p
Medical/Scienufi p p p p
C Sa'\icc iial p p p
Laborall>f)
(denl!I, p p e e p p p p p medical or • o rical
Office Officc,typcl
cnm,J p e e p p p p p
Office, type 2 p p f f p p p p p 16-S-
!united 2.C.8
Rcc,il Sales •nd Crematorium C
Service Dry clconrr,
(Pmonal drop-off sue e p p p p p
~cni«) onJ ,,..,,.,tionaJ
f p p p p
.cMce
Massage e I! p p p p p
th~ra fa c1lit
Mo p
Personal arc p p p p p
Sm-ice:
pholo&rlphy
!ludio and
pho10 lab, I! p p p
upholsiery,
prinlcr,
locbmilh.
Llllor
Tattoo and
body-piercing p p
csc,bli<hnlCnl •
14
Temporuy
16-5-emplo~ C C 2.C.11 busincu
Retail Sales and Equipment
Service (Repair rental L p p
and Rental) Repair shop
(not including I! p p p p p
auto
Retail Sa!cs and Anti uc store p p p p p
Service (Sales) Art all p p p p p • Auction house p p p
Buy-back
shop.~ond I! p p p bod, thnft,
cons1 nment
Convenience I! p p p p 5IOrC
Grocery/specia
I! p p p p p I food soore
Internet sales
I! p p p location
Li uor store p p p p p
Pawnbroke, p p 16-S-
2.C.10
For
TSA.
Pif S
20,000
sq. ft.,
Rcta1l .. tes. P/ Cif>
geneml I! p C
p p 20,000
merchandise sq. ft. of
&<0'-' le1.14ble
Door .... •
15
Trade or
bwineu p C p p
scbool
Srudio Radiolielevuio
D b!oadcasltng
srudio, p p p
re<<>rdinafOlm
otudio
Vehicle and AulOIIIObole p p p 16-S-
E'A!uipmcnt wobroffl l .C.10
Automotive L p p 16·S· • sales rental 2.C.l
Automotivt
SCMcelDd 16-S-repair, p p 2.C.4 includin& body
or fender work
Automotive
S<Metand 16-S-repair. DOI L p p
2.C.4 including body
or fender work
Automotive
service 1ta1ion L p p 16-S-
(ga,ohne 2.C.S
facm
16-S-
Car wuh, nu10 L L L 2.C.6;
dctailin& 16-S-
2.C.4
Commerc11I
storage of p p 16-S-
operable 2.C.3
vehicles
Fuel L p p
•
16
16-S·
C C s; s; L L C p p 2.C.3
W:
2.&J.i
Parking area,
W: surface
(operable C C s; ~ L L C p p u;.u,
vehicles), 16-S· • principal use 2.C.3
Recreational
velucles and L boais, ales or p p
renllll
Visitor Bed and
Accommodation breakfu1 £ £ p
H01cl I! £ p p p
Ho1cl, £ £ p Exiended S1oy
Wholesale Sales and
discnou11.in p p
MANUFACTURING/INDUSTRIAL USES
lndustriol 16-S·
Service Industrial
C p p 2.D.3
service, li&hl (TSA
onl
lndu.strial p scr.~ce. he.a
Manufac111rina, 16-S-
Including Manufacrwing
C p p 2.D.4
Processing, , lighl (TSA
Fabrica1ion. or onl • AJscmbly Manufac1uring p , hea
17
p p
stora e p p
Ou1door p p 16-6-
slOra e 7.K3 S
Sto.aae yard
for vcluclcs,
16-5· equipmen~ p p • material, 2.0.6
widlor
SU lies
Warehousing p p and/or 11ora e
Was1e/Salvage Automobile 16-5-\\Teclcin&f C p 20.1 ul • Ccmmorc:111 C incincntor
Hazardous
C C 16-5·
waste handlin 2.0.2
Recytlina
opentioo, all
16-5-processing p p occurs within 2.0,5
enclosed
suucnirc
Recychna
operation,
some or all
C 16-5-processing C 2.0.5 occurs outJidc
an enclosed
SlruCIW'C
Sanitary
C • service
18
C C
wtSIO
ACCESSORY USES -Su S«don 16-5-4 for ■ddldonal r
Home Care C
A,:,:essory Uses A A A A A A
( A,:,:CSIOry lO A
Prino1pal Que. Family child C • Unit Dwelling A A A A A A A A
Uses Only) care home A
lnfanl/1odd ler C
home A A A A A A A A
A
Lats• child L L L L
care home A A A A
Other Accessory Carc1akers A A A A A A Uses uarter
DomulO A A A
Home A A A A A A A A A 16-5-
OC<II 1100 4.C.I
Mmorullhty L L L L L l. L L racili1y (as L-L· I.: L-L-L-16-5-
accessory use A A A A A A A l A A A A A A 2.8.1
ofland
Parlungaru A A A A A A A A A A 16-S-
awface 4.c.2
Parion an e A
Sa1elli1c dish A A A A A A A A A A A A A A 16-5-
a.menna 4.CJ
Service units A A A A 16-5-
or facili 4.CA
Swimnung A A A A A A A t. A A A A A A 16-S-
I 4.C.S • Wholesale 16-S-..ie~and t. A A A 4.C6 di$inbulion
19
Expomioo or
replacement of T T T T T T T I I T T T T cxiJtin&
focilitics
fltffl<r$ I T T T T T market
Food Vendor I I T T T T T Cans
Mobile ll<IR&e • (wilhor
without T T T T T T T I I T T T T T
building
t
Real CS:tte
sales or
leasing office T T T T T T T I I T T T T T
(tlsomodel
homes)
Outdoor Sale1
(e.a., tent
sales, parkina
lotules,
oeuonal sales, I T T T T T wtndshield
repair, sales
from retail
vendor cans.
CIC,
Special event
\Ca., carnival 1 T T ·r T T T T I I ,. T T T T
bazaar, f111r
Tenu, T T T T T T T I I T T T T T ics
USES NOT
MENTIONED See i 6-5 -1.B for proceduru and criteria for approvina 1.:hs1<d uses, 111Cluding unlisted
and uses. •
20
~-The Ci1 y Council o f 1he City of Englewood. Colorado hereb)' au1hon,es amcnJing • Ti1k 16. Chaplcr 5. Sec11on 2. of the Englewood Municipal Code 2000, to read as follows:
•
•
16-5-2: Use-Specific St1ndards. A. Residential Uses. !EDITORS NOTE: 16-5-l(A)(l) through (S) contains no changes and is therefo re not incl uded here! A. OnS:YDit dwelJipg jg lbs M·l apd M·2 Ame di11riss 11tt RSJDiUesl RDIY as~
uses for one unit dwcmoos that existed on the effectivs date of this title
IEDITORS NOTE: 16-5-2(A)(7) throuah (8) contains no changes and Is tb<rdore not
i ncluded here!
B. Public/lnst/1111/onal Uses.
[EDITORS NOTE: I 6-5-l(B) cont1ins no changes and is ther efor e not Included here!
C. Commercial Uses.
!EDITO RS NOTE: 16-5-l(C)(I) and (C)(l) contains no cb1oges and Is therefore not
Included htrel
3. Automotive Sales, Rental; Commercial S1orage of Operable Vehicles; Parking Arca ,
Surface (Operable Vehicles); and Parking Facility, StNcture (Opcreble Vehicles).
a. Standards.
(I) Drainage, Surfacing and Maintenance. Areas subject to wheeled traffic,
whether for parking, sales, or storage, shall be properly graded for drainage,
provide on-site detention or stonn runoff, and be surfaced with I hard surface,
pursuant to 11-3-5 EMC and the stonn drainage criteria adopted by the City.
(2) Screening. An obscuring fence or wall, at lcas1 four (4) feet in heigh!, shall be
installed along any propcny line adjacen1 to• residentially zoned propcny.
Fences may not be required Al access poinis or wht,'l'C o building provides
adequate screening.
(3) Marking of Parking Lots, Structures, r.nd Car Sales Lots. Parking spaces shall
be ntarked and ntaintaincd on tbc pavement, and any 01her directional
markings or signs shall be installed as pcnnined or required by the City to
ensure the approved u1ili:za1ion of space, direction of traffic flow, and general
safc1y, Spaces designed and used for the display or storage of inventory in a
sales lot shall not be requited to be marked.
(4) 811mper and Curb. To ensure the proper maintenance and u1ilizotion of these
facilities, parking areas shall be designed so that a parked vehicle docs not
overhang the public right-of-way, or public sidewalk. A pcnnanent curb,
bumper, or similar device shall be installed thal shall be ndequotc to pro1ec1 the
public right-of-way or public sidewalk from vehicular overhangs and to protect
any Strucrurc from ,·chicular damage.
21
(5) £ntr<111Ct's a11d £.uts Arcas subJCCl 10 wheeled traffic shall be pro,·,dcd with cnuances and c,u1s so located as 10 minimize traffic conges11on. Vehicular ingress and cgr-:ss lo major or minor ancrials from off-street parking shal: be • so combined, hmilcd, located, designed, and cont:ulled wnh Oared and/or channelized intmcctions as to direct traffic to and from sue~ public right-of-way conveniently, safely and in a manner which minimii.es traffic interference and promotes free iraffic Oow on the streets without excessive in1errup1ion. (6) lighting. All lighting sho ll be designed and localed so as 10 co nfine direct rays 10 the premises. Lighting facilities shall be so arranged 1hat they neither unreasonably disturb occupams of adjacent residential propenics nor interfere with traffic. Lighting facilities shall not exceed twenty-five (2S) feet in height.
(7) Proximity to Public Right-of-Way. No equipment at filling stations or public
garages for the service of gasoline, oil, air, waler, etc., shall be closer 10 the
public right-of-way line than fifteen (15) feet and shall not be located within
the required sight triangle.
(8) Restrictions on IJse of Parltin.g Area. No public or required parking area shall
be used for the sale, storage, repair, dismantling or servicing or any vehicles,
equipment, materials, or supplies. This shall nol preclude emergency repairs 10
a motor vehicle.
(9) Back-Out Parking. Parking areas shall be designed so that vehicles arc nol
perrniued 10 back oul or the parking area onto a public street.
( 10) Alley lmprovemenrs. Whenever access to the parking lot or loadi.ng areas in •
any business or industrial district is by way of any alley, the developer shall
improve such alley access to City specifications.
(II) Lor Frontage. There shall be a minimum of seventy-five (75) feet of
frontage on a major collector or anerial roadway for any use established
under l6-S-2(C)(3) EMC . Frontage is based on the most significant adjacent
roadway. Frontage on more than one major collector or ancrial shall not be
combined to meet minimum frontage requirements.
(12) Buildings. Upon the es1ablishment, development, or commencement of
operation of an outomo1ivc sales or rental business use; new nr existing
buildings shall be brought up to the current specific codes adopted by the
City, including but not limi led to: building, electric, plumbins, mechanical
and zoning, or the buildings must be removed prior lo operating any use
under this paragraph.
Ul) Parkin@ ArAA$ (Surface) ve nmhibited as a orincinlc use within tbs lint 100
feet ofanx 191 ldiacsot 10 Homndrn AYenuc within 1hs M· l ao4 M·2 mnc
~
Wl Parking Facilities (Strucnu;c} immsliatslv adiaccnt 10 HMJPdso Ayepuc
within the M·I and M·2 mne distrist3 §hall incomomts laable ground
floor sommerciol moos to, minimum d£Plh of20 feet ol2ne 25% of the
entire width ofHe moden Avenue frontage
b. Implementation Periods for Automotive Sales or Rental Use Specific Standards.
22
•
~-The Cny CQUnc1 I or the C11y of Englewood, Colorado hereby nuthonzcs amending • Ti1le 16. Chapter S. Secuon 2. or the EnglC\\'ood Municipal Code 2000, 10 read ns fo llows:
•
•
16-S-2: Use-Sptdlic Standards. A. Residential Uses , (EDITORS NOTE: 16-S-l(A)(l) through (5) co ntai ns no changes and Is therdorc not Included here( §.. Ons·unit dwcllios in the M·l and M·2 Zone di§trict$ ace nermitted only as reolacemsn1
uses for on, unit dwellings thal cxisred on the effective date ofthi3 this
(EDITORS NOTE: I 6-5-2(A)(7) 1hrough (8) contains no changts and Is therefore not
Included bere l
8 :-Jblicllnsritutional Uses.
(EDITORS NOTE: I 6-5-2(8) contains no changes and is therdort not Included bercl
C. Commercial Uses .
(ED ITORS NOTE: 16-S-?(C)(I and (C)(l) conta ins no changes and Is therefore not
included berel
3. Automoli\'e Sales, Ren1al; Commercial S1oragc or Operable Vehicles; Parking Aiea,
Surface (Opcnble Vehicles); and Parking Facility, Structure (Operable Vehicles).
a. Standards.
(I) Drainage, Surfacing and Maintenance. Areas subjec1 to wheeled traffic,
whether for parking, sales, or s1orage, shall be properly graded for drainage,
provide on-sile detention or siorm runoff, and be surfaced with a hard su.rface,
pursuant to l 1-3-5 EMC and 1he storm drainage criteria adop1ed by th~ City.
(2) Screenl11g. An obscuri ng fence or wall, a1 lcas1 four \4) feet in height, shall be
installed along any property line adjacenl too rcsiden1iolly zoned property.
Fences may not be required at access poin1s or where a building provides
adequate screening.
(3) Marking of Parking Lois, Structures, and Car Sales Lois. Parking spaces shall
be marlced and maintained on the pavemcn1, and any Olher directional
markings or signs s~..all be insialled as pcnniued or required by the Ci1y to
ensure the appro\'ed u1iliza1ion or space, direction of traffic flow , and general
safety. Spaces designed and used for the display or s1oragc of inventory in a
sales lot shall not be requued 10 be marked.
(4) Bumper and Curb, To ensure the proper maiotenance and utilization of these
racili1ies, parking areas shall be designed so lllllt a parked vehicle does not
overhang the public right-of-way, or public sidewalk. A permanent curb,
bumper, or simi lar device shall be installed 1h01 sha ll be adequate to protect 1he
public right-of-way or public sidewalk from vehicular overhangs and to p rotect
any struc1urc from vehicular damage.
21
•
•
•
(I) If an au1omoth·e sales and rental use has 1101 exis1ed since January 1. 1995. on lhe subjccl propeny, all Use Specific Standnrds of this parngrnph 3 shall apply . (2) If 1hc owner of an au1omot1vc sales and rental use propcny documents lhat an au1omo1ivc sa les and renlal use was licensed 10 operate by 1he S1a1e of Colorado on lhc subjecl propcny after January 1. 1995, bul has not been licensed 10 opcnuc an automotive sales or ren1al use for the five-year period prior 10 the dale of application for llmilcd use, 1hcn lhe propcny shall mccl all the Use Specific Standards under lhis subsection 3 cxccpl lhc requirement to provide seventy-fil'C (75) icet of fron1age sci fonh in l 6-5-2(C)(3)(a)(1 I) EMC.
!EDITORS NOT[: 16-S-2(C){4) through (12) and 16-S-2(O) contains no changu and Is
therefore not Included htrel
~ The City Council of the Ci1y of Englewood, Colorado hereby authorizes amending
Tille 16, Chapter 6, Section 1, oflhc Englewood Municipal Code 2000, to read as follows:
16-6-1: Dlmen1ional Requirements.
I EDITORS NOTE: 16-6-l(A) contains no ,changes and Is therefore not Included bcrcf
8. S11mmary Table of Dimensional Requirements/or Principal Uses and Sm1c111rcs. All
principal struc1uscs and uses shall be subject 10 the intensity and dimensional standards set
forlh in thc following Table 16-6-1 .1. These standards may be funhcr limited by olhcr
applicable sections of 1hls Title, Additional regulations for the residential districts, and
special dimensional regulations related to lot area, setbacks, bcis)ll, and floor area arc set
forlh in the subsections immediately follo.,ing 1he 1able. Rules of measusernent arc set fonh
in subsec1ion 16-6-1.A EMC. Dimension.al requirements for accessory structures arc set fonh
in subsec1ion 16-6-1.1 EMC .
23
One-Uni, 9,000 None-JS 15 32 25 20 Dwellin One,Unil 6.000 Dwellina on. [41 Nonc-40 so 32 2S 20
Small Loi S
AllO!h<r 24,000 None JS 200 32 25 25 2S Allowed Uses
R-1-B Dlslrlct
One-Unh 7,200 None 40 60 32 25 20 Dwellin
One-Uni! 6,000 Dwelllna on a (4) Noc,e 40 50 J2 25 20
Small Loi 5
All Other 24 ,000 Nont 40 200 32 25 25 25 Allowed Uses
R-1-C Dlslrlct
One-Unit 6,000 None: 40 so 32 25 20 Dwcllin
One-Unil 4,SOO • Dwellinaon a Nonr 35 37 32 lS 20
Small Loi 5 (4)
All Other 24,000 None-40 200 J2 25 25 lS Allowed Use<
R-:Z,.A Dis trict
One-Unil 6,000 Nooe 40 50 32 25 5 20 Dw·ellin
One-Unil
Dwelling on• 4,000 None JS 40 32 2.S J 20
Small Loi S
Muhi•Un11
Dwell ina J,000 None 40 25 per uni1 32 25 20 (Muimum2 per unit 14]
unilS
All Other 24,000 None 60 200 32 25 25 25 Allowed Uses
R-Z.B Dlstri<t
One,Unll 6,000 None 40 so 32 25 20 Dwelling
One-Un11
Dw·ellina on • 4,000 None JS 40 32 25 20
Small Lot 5
Multi-Unit
Dwolling
(.\1u1mum J,000 60 2S pcr un1t J2 25 20 Units BaseJ on ptt unn None 14) • Lot Area & Loi
Width)
2 4
One-Uni, 6.000 40 50 32 25 20 Dwe ll in None
One-Unil
Dwelling on a 4,000 None 35 40 32 25 20
Small Loi 5
Muhi-Uni1
DwelJing
(Maximum 3.000 N'lne: 60 25 per uni, 32 25 25 Units Based <'n per unit (4)
Loi Arca & L ,,
Wid1h
Pri va 1e Off-
Street Parking 12,000 No ne 70 'one n/a 25 IS IS
lolS
I.S (Excl ud ing
Office, Limi1cd IS,000 the gross 0oor so None 32 25 IS 25 area of parking
struc1urcs
All Other 24,000 None 60 200 32 25 25 25 • Allowed Uses
MU-R-3-8 District S.. Addidonal Re ul11lo n1 Foll owln lbeTeble
One-Unil 6,000 None 40 50 32 15 20 DwelJin
One-Unil
Dwelling on a 4,000 None JS 40 32 25 20
Small Lo, S
2-4
units :
J.000
Muhi -ni1 per unit; 2-4 2-4 unit:i.: Dwelling Each unilS : 32 s (Maximum addition-15 ~one IS 25 Unus Bn.scd oe ol unit None More More 1han Loi Arca& Loi O\'Cr 4 lhan 4 4 uni1s: IS Wid1h) units : uni ts: 60
1.000
per unit
4
1.5
(Excluding 1he
Office, Limited 24,000 gross noor area of 15 None 60 IS IS (JI 25
parking
structures)
All Other 24 ,000 15 'one 60 IS I' 25 Allowed Uses (4) one •
2 5
Live/Work Dwelling
Multi-Uni t
Dwell ing [4]
All Other
AllowNI Uses
None None
None one
None None
None None
None None:
None None
MU-B-2 District Stt Add idonal R uladoo, Followin th e T abl e
Multi-Unit None Dwelling[4J None Non e None
All Other None Allowed Uses None No ne None
TSA DIJ tritl
100
100
100
60
60
0 and no more lhan 5 f«I
0 and no
more than
Hcct
0 and no
more 1han
Sfcct
0 and no
more than
Hect
0 and no
more than
Hect
0
0
0
Pleas, rt/er to Section /6-6-U EMC, ofthi., Chap1tr
1-I AN Dl·l
Ail Allowed
Uses Except None ManufacturNI
Home Parks
and th• appl/cabl, S1ado n Art• Duign Ston dllrd.l ond Gu hl,1/n,s
or lnr~n.drv end dime11slonal stondords.
2:1 None None
Where a building abuts upon,
adjoins, or i. adjacent to a
residential zone district,
None mi nimum setbacks of 10 ft on all
ides arc required, cxcep1 as
rcquined in Section 16-6-7 .K.
"Screenin R uircmcnts ."
Manufac1urcd Home Parks Sec ~cction 16-S-2 .A.3, above .
otts to Tabl e:
111 The minimum side setback stated in this table for one-unit an.ached and multi -unit dwellings shall apply to the entire
dwelling strucrure , and no t to each individual dwelling unit located in the structwe .
111 The minimum side setback standard for principal residen tial dwellings in the res id ential (R) zone districts, a., stated in
tl1i, Tab le, shall apply to , uch dwellings that «isled on th e Effective Date of this Title . However, principal rcsiden1ial
dwellings cxi ting on the Effective Da1e of lhi• Title. and which os of that date arc not in comp liance with the minimum
. ide setback standards es tablished in this Tab le, shall not be considered nonconforming structures due so lely to the
dwelling's noncomp liance with the minimum side setback, Such dwellings are "grandfathered," and shall be considered
legal, conforming Stlllctures for the purposes of sale and deve lopment under this Title and other City building and safety
regulations. See Sec tion I 6-9-3 (Nonconforming Structures), below,
131 The minimum separa tion between principal buildings locMed on the same or adjoining lots , whether or not the lots
11re under the same ownership, shall be fifteen feel (IS '),
[41 Sec Section 16-6-1.C for ad ditional dimensional standards appropriate 10 the zone distncL
5 Smnll lot of reco rd on or befo re Feb 23, 2004 .
26
•
•
~ limls ~ ll & 1 I! l l
l2l:slliD& w
~ Ml!! ~ ll! ll l:!o. ll lie. l .1 l l 1!I i2lwUlla l2
i.!l!I .u ~ u l:!o. JJ lie. 2 2 2 2 11! llll.&imill l2
&illll
~
J....W l2.illll
.wllhc[ 6.11!! &illll .w,gg All A.alulllll
Allu l2 ~ -a l! lllllSS Zl! lllllSS .1 .1 l
11W w UII w lball w llllilJI! w
limll1
liw .Ill
l.....ll
em under the
•
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•
(8) Uni1s 1ha1 provide allachcd garages behind lhc rear building line of lhe pnneipal struc1ure may reduce lhe principal structure's rear setback 1010 feet . (9) II is recognized !hat bcca\1$C of1he wide ,-ariety of mulli-uru1 dcvelopmcn1 options, lhe Ci1y Manager or designec may on a casc-by-case basis consider minor devia1ions 10 d (2) lhrougb (7) above, whenever such de,iations arc more likely to satisfy lhe intent oftlus subsection.
2 MU-R-3-8 District.
a. The minimum lot area standards set fonb in Table 16-6-1.1 apply to parcels
of land containing less lha.n forty-three thousand five hundred sixty (43,560)
square feel ( I acre). Parcels of land con1aining forty-three lhousand five
hundred sixty (43,560) square feet (I acre) or more may be developed at o
density of one (I) unit per one thousand eighty-nine (1,089) square feet,
b, The minimum lot area standards set forth in Table 16-6-1. I for "office
limited" and "oil other allowed uses" shall not apply 10 an existing structure
convened 10 accommodate on allowed nonresidential principal use on a lot
having less lban 1wemy-four 1housand (24,000) square feet, provided the
allowed conversion complies wilh district residential design standards and
required off-street parking and landscaping requirements,
3. Residential Use in MU-8-1 and MU-8-2 Districts.
a. Dwelling units may be incorporated into the same building as the
commercial use (not as a stand-alone use)
b. The commercial use occupies the majority of the ground floor of the
building, and is directly accessible from an adjaccn1 public strcc1 or
sidewalk.
4. MU-B-2 District ,
a. Rehcf from from Setback rcquircmcnls set forth in Table 16-6-1.1 may be
provided in the situa1ions lis1cd below conditioned on the establishmen1 of a
str0ng developmcnl edge along the front property line.
(I) Addi1ion to an exis1ing building.
(2) Commercial lots wilh more than two hundred fifty (250) feel of
commercial wning and 101 depth.
(3) Diive-1hru uses.
(4) Outside dining ,
29
l. M-1 M-' M-0-1 and M-9-2 Qjs11jets a, Minimum l&t Size ExEIPPlicm: Lots IS§$ lbPP 6 000 sauars fttt in litc jg e3iSISPSe OD the s[tttiYC date of this title an; cxerom fi:om 1hc minimum lot size cwuirqp£DJS· b, Hc;jght Zones Height leoe boundaries vc deoicted io figµcs 16-6 <2ol
fl1urt 1,--6(21): Mtdlul Zoar ud Mr:diul Ovtrlay Distrirt Hrl1k1 Zoac Bo•d1rit1
ZONE3
~-Maximum Retail Grou Floor Arca Exsrootion:
Prooerties directlx adiaccm on two sides to an orterial street and a collector
street as cl@uified bx the Deoartmrnt of Public Works ere excmot from tbs
muimum mail W$S Door ve mtriction
30
•
•
•
•
•
•
Fitnt 16.-6(lb): Proptnits Eumpt from 1bt Mu. Rt11il Crou Foor An a Rtq1drt mu1 (Gr,, l
Q. Minimum I :ine,I Strem Emmoee·
1. Build.ins frpOJa&e v;e rpguir:ed 10 com, minimum diUAPGc of 7S'ta of
the l@gth oCthe fmnt 101 lios m«sured adiacent to and oomllel with the
fmpt 191 UPS·
2. Buildina fmmaw arc reguirM to cover o minimum distance of2S% of
ths lenKlh of the side lot Hoe abuuins a street measured adiacEPt to .and
Parallel with the side lot line-
31
Ficurt 16-6(2<): Mioimum Unul Strtrl Fron11gr Eumplr: 100,100' Loi
8
" Zo°' p(Jransoarencv-
100'
Lot
75Ulln.Unul
SlreotF-•IS
Front Lot Line Abutting Main Street
Nsw constructio n nod &dd1ti2ns of ground floor retail BhlSE fromins s, a
oublic Urttl shall in@mo@ts 1mns2ar@t rlass for a pcrccotar-. of the lineal
street fronto es of the first floor These windows Man bee mimmum of five
fw 15'\ bish nod mounted not moce than thrss feet six inches O '6"} bieh
nbovs the iOJscior floor lc;vcl for a total hei@ht ofeiRht feet §ix inchst C8 '6'l
l, A 60% minimum building lineal ronc oftransoarencv measured adiacent
to nnd onmllsl with the front lot line is reauired
32
•
Figure 16-6(2<): Minimum Lineal S1r .. 1 Fron11ge Example: I00x!OO' Lot
" AAnc of Jowparcocx·
100'
Lot
75~MJn. U..11
Strttl Ftontl;t •75'
Front Lot Line Abutting Main Street
New construction nnd addilions of vrnund Poor retail space fmmia@ on a
oublic SJrcet shall iocgrporats tranm;v;snt alon for a menrnoc of the lineal
street fronta.ae of tbs first 022r JbC$C window, aball be a minimum of five
feel £5'\ hish and m2untcd not more 1hnn three feet six inches t3 '6'1 hish
abavc the inlR:ior Door h:vsl fora total heivhl ofei eht fttt six iosbcs C8'6'l
l -A 60% minimum building lineal woe of tmnsoarsncv measw;cd adiaccnt
to and nwllcl with the Cmnt lot ligc is suimt
32
•
•
•
•
•
•
j . AJ5% minimum buildma lineal zone oftransoareocv measurod adiacem to nnd naral!el with the side Jot line fronting a oublic street ismuir:cd, Flaurt 16-6(2d): Zon,ofTnnspartncy
8'6"
3'8"
I
f. Regyjred Byj)djng Entrances:
I
AH buildiDRS shall bavc a PrimACY RIDPOd floor sntraoss frnPliDR a PYhHc
~
1, Setback RcguilJiDl9lH
l Minimum 5idc setback max be reduced to O fset 10 confopn with ao
odioGGOt structucs~s O foot rear or &ide setback
l. Minimum rear setback max be reduced 19 0 feet for lot3 less thou 100
!w..dm.
l. ~ir balconies mav cxtsod 10 feet in10 the unocr storv frpgt setback.
i -Rslis[frpm from $Slbfck CG9UiCSDSll$ Kl forth in table 16:6:l l may he
nmvided for oouide diPiPR Alli?$ OP tbs CSJ@b1hbmsm of a strong
devdooment edac alone the from oropeny line
)E DITORS NOTE: 16-6-l(D) t hrough (F) co ot1 ios no changes and Is therefor e not
inclu ded here)
G. Bulk Plane Requirements.
I. lo1en1. The bulk plane rcquiremen1s ,n ibis subsection arc imendcd to ensure tha1
new residential de\'elopmeni. including additions and expansions of exis1ing
dwellings, provides adequate ligh1 and privacy to neighboring propcnics . In addition.
the bulk plane requirements arc intended 10 assure greater design compa1ibility in
tcnns of building mass and scale withi n Englewood neighborhoods .
33
2. Applicabili1y and Exceptions. • a. Applicablliry. Exccpl as exempl b)' this subscc1ion, 1he bulk plane requirements in this subsec1ion shall apply 10: (I) All new residential development subject to the Rc,;idcntial ~sign Standards and Guidelines in Sec1ion 16-6-10.8 . EMC; (2) All new resident ial development on legal, oonconronning lolS that have lot widths less than the minimum required b)' the applicable zone district; and
(3) All new rcsiden1ial development on small 101s.
b. Exceptions.
(I) The bulk plane requirements ln this subsec1ion shall not apply to new
residential dcvelopmcn1 in the MU-B -1, MU-8-2, M-l M-2 M.0-L M-
~ or TSA -districts. The bulk plane requirements in this
subsection shall 1101 apply 10 struetures or ponlons of struetures exempt
from the maximum height limits, as specified in subsection 16-6-1.E.I
EMC.
(2) Dormers with window(s) may panially prolnlde through lhe bulk plane
defined below for a maximum cumulative length offiftccn (IS) linear
feet , measured horizomally at lhe poin1 ofintcrsec1ion with the bulk • plane, and provided the vertical height of a donncr window docs no1
cx1cnd above lhe heigh! of the ridgclinc of the roof surface from which
the donner protrudes.
(3) Eaves may extend up 10 1wcnty-four inches (24") in10 lhc bulk plane,
provided it docs not project further into a side setback than tho
maximum projection allowed by 16-6-1 :.FS(b XI). The extension shall be
mcuurcd horuontally from the building wall to the funhcs1 extent of the
cave.
(4) Guncrs may extend into the bulk plane, regardless of whether the cave
projects into the bulk plane.
3. Bulk Plane Requirements. Exccp1 as specifically cxccplcd in subsection G.2, above,
no pan of any structure subject 10 these bulk plnnc requirements (including air
conditioner, cleva1or penthouses, and other mechanical equipment) shall project
through 1hc following defined bulk planes, which define o building envelope for the
subject lot:
a. A horizontal line that is located d irectly above the side lot line and which
passes through a point 1wclvc feet ( 121 above the midpoint of such side IOI
line: and
b. The intersecting lines 1h01 extend over the lot at a pitch of 12:12 (45-dcgrcc
angle) from 1he horizontal lines defined in p:iragraph (a) above. •
34
•
•
•
Fiture l~): Bul k Plane ma,clmum height 1 propert~ line ~ I
I
I
J :x ~ I
r II I
/ 45' I,
I i ,,,, :
12'
1l
Commentary to Figure 16-6()) fabo1'<')' The shaded portion a/the lllustratio11 above
depicts the defined bulk plane, which must contain the entire dwelling stn,ctuN! (with
lim,'ted exceptions for projecting dormer, and chimneys). The bulk plane is meas11red at
a forty-five degree (45°) angle from a horizontal line located direct/)' above each side lot
line and which passes through a paint twelve feet(/ 1J above the midpoint of SI/Ch side
lot line. n,c fifteen feet (/SJ vertical height sholl'11 i11 the il/11stratio11 indicates the point
where the b11/k plane in this example inclines toll'ard the center of the lot, ucco11nlingfor
a three foot (J J side mbock required In Sl'l'<'rol of the residential rone districts,
!EDITORS NOTE: 16-6-6(11) contains oo changes and Is therefo re not Includ ed
berel
I. Summary Table of Dimen.1/onal Req11irements for Accessory Struct11res. Table 16-6-
1.2 below seu forth what t)'l)CS of strucrurcs arc pcrmiued as accessory in each of the
City's zoning districts, and the applicable dimension•! standards for the accessory
structure. If an accessory stru cture is not listed in the table, bu t satisfies all the
general standruds set fonh in subsection 16-6-l.H EMC, the Chy Manager or
35
dcsigncc may pcnn11 the SIJllcture subJect 10 the unlisted use procedures in Secuon 16-S-1.B EMC and the dimensional standards set fonh in this Section 16-6-1 EMC .
36
•
•
•
Detached garages
and
all
carports
Detached
garages
and
all
ca,pons
• All
Residenlial
Districts
TSA,andall
ldcdilill.
Business and
IDdustrial
Districts
-I -unit dwelling: I garage and I carport, 2-wut dwelling: I
garage a.ad I
carport per uniL
More lbao two-
unit dwelling: I
garage or
carport per uniL
16 • Shall conform to the 7.0DC district's minimum frool SClhaek applicable to the principal
structw-e aod to
applicable
reaideotial
development aod
design standards of
this Chapter
R-1 -A:S
Other
dislricts: 3
Shall conform to zone district standards for principal structwes.
37
If enllallcc faces alley: 6
If
entnncc
faces
strcetor
side lot
lioe: 3
Combined maximum total Ooorarca o f
all garages and
carports shall
not exceed
1,000 square
feet per uniL
• If a garage or carport is converted to another use, an equivalent amount of off-stn:et parking shall be provided. Wbcn a garage
or carport is converted to
another use the CJ<isting
driveway or ca,pon in the
front SC1baek shall be
subject to Parking Pad
regulations-standards and
guidelines.
AIIR Districis: SlmUbe located behind the rear building line o f the: principal R-1-A: S : structure R-1-A: S; OthaR All B Districis: Dislric1s: 3; Rcsidcn1ial Shall be Other R Dis1ric1s: 3; M,.B, TSA, I D istricts, localed behind ,td.B, TSA. I Districis: Sec S1oragc TSA. the fronl DistriclS: Shall Shall ISO 16-2-9.Al for structures 120 square feel o r 1 10 conform 10 zone sheds ~ building line conform to sm.iller. Business. and of the: dis trict standards ror zone district Industrial principal principal structures standards for D istricts structure principal
TSA&I structures
Districts:
Shall conform
to zone
district
standards for
principal
structures
Other
accessory
s tructures
Other All shall be R-1 -A: S Sec R -1-A: S accessory Residential located behind Other R Districts: 3 Other R 200 16-2-9 A2 for structures 120 square feel or struc tures I 12 the rear il!ld ti:lm!irdll DistriclS: 3 smaller. 00 1 listed Districts building line above oflhe
principal
structure -
•
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Section 7. The City Council of the City of Englewood, Colorado hereby nuthori7.es amending Tule 16. Chapter 6, Section 3, Subsection F-.. Vehicle Access and Circulation" of the Englewood Mw ,cipal Code 2000 10 read as follows: 16-6-3: Screets 1nd Ve hi cle Access ind Circul ation. F. J"ehide Access and C,n:11/arlon. I. Access to Public Roads . All new l01s shall have direct or inoircct access 10 a dedicated public street, through one (I) or more access poi nts approved by the City. In addition 10 direct access 10 a dedicated public street, access may be
provided through private streets or through alleys.
a. No bacl:-0u1 driveways from any type of use shall be pcmuned onto an
arterial street.
b. No back-0u1 driveways or back-0u1 parking spaces from multi-unit
residential on sites with alley access, commercial, or industrial uses shall be
pennitted onto a public street. This n,quircmcnt shall not prolu'bit back-0u1
driveways or parking JP•CCS onto 1111 alley.
2. Traffic Impact Analysis. A traffic impact analysis (TIA) shall be required with
applications for development review and approval when trip generation during
any peak hour is expected to exceed one hundred ( I 00) vehicles, based on traffic
generation estimates when trip generation during any peak hour is expected to
exceed one hundred (100) vehicles, based on traffic generation estimates of the
Institute ofTransponntion Engineers' Generation Manual (or any successor
publication). The City may also require a TIA for:
a. Any project that proposes access to a llreet with level of service (LOS) "D ..
or below;
b. Any application for a rezoning;
c. Any case where the previous TIA for the property is more than two (2) years
old;
d. Any case where increased land use intensity will result in a fifteen percent
1 I 5%) or greater increase in traffic generation, and
e. Any case in which the traffic engineer determines that a TIA should be
required because of other traffic ooncems that may be affected 1lY the
proposed dc,·elopmcnt.
f. Whe n access points ore not defined or a Zoning Site Pion is not available at
rte time the TIA is prepared, additional scudics may be required when a
Zoning Sile Plan becomes available or the access points arc defined .
39
3. e"· ln1erscc1ions and Curb-Cui . • a. Genert1I Rules. The number ofin1ersec1ions and cwb-culs on str<CIS and highways shall be muunmcd consis1cnt with the basic needs of mgrcss and egress . lrucrscc1ions and curiH:uts shall be designed 10 provide lhc grcalcst safety for bolh pedes1rians and mo1oriSts . b. Dri~•-ays. Ru/dent/a/. (I) One-Uni1 and Muhi-Uni1 Dwelling5 Containing Up to Three (3) Units.
(a) The widlh of any driveway leading from the public street 10 a
one-unit dwelling, or muhi-uni1 dwelling con1aining up 10 1hrce
(3) uni1s shall 001 exceed 1wcn1y feet (20') at its in1erscc1ion with
thes1rcc1 .
(b) See also Section 16-6-IC.4 EMC, "Multi-Unit Developmen1
S1nndlll'ds in R-2-A, R-2-B, MU-R-3-A and MU-R-3-B
Distric1 s," for addi1ional driveway standards 1ha1 apply 10 multi-
uni1 dwellings on properties with or wi1hout alley access.
(c) See also Section 16 -6-1 0.B. EMC, "Residen1.ial Design
Slandards and Guidelines ," for additional driveway s1andnrds
that apply to new residential development, including substantial
expansions or allera1ions of existing dwellings, in 1he R-1, R-2, • and R-3 zone dis1ricts .
(2) Muhi-Unil Dwellings Containing Four (4) or More Units .
(a) The width of any entrance driveway to a muhi-unit dwelling
containing four (4) or more units shall not exceed 1wen1y-fivc
feet (25? at its intersection with the Strect, unless the applican1
can demonstra1e that additional width is required 10 adequa1ely
accommodate anticipated driveway volumes.
(bl In new muhi-unit developments 091 l9GAIW wj1hjn JbS M-l M-
2 M-0-l and M-0-2 djstrictscontaining lcn (10) or more uruts,
vehicular access shall be spaced no closer than twetnt-iive feet
(25') to any adjacent propcny line . However, the City may
reduce this setback requirement 10 pennil a single vehicular
access point that can serve two (2) adjacent propcnies or where
compliance wi1h these requirements would deny vehicular
access 10 a propcrl)'.
c . Drivcn-ays. Nonresidential. The location and size of driveways leading from
1he public s1rce1 10 a nonresidential or mixed-use building is subject to the
following condilions: •
40
•
•
•
(I) No ponion of any driveway shall be closer than fony feel (40") 10 the curb line of an mtcrsecting strec1. or closer than 1cn feet ( 10") from a fire hydrant, catch basin, or end of curb radius at comers . (2) 1n nc"-1 non residential developments DPt located wilhin lbs M· I M-2 H-0:1 •pd M:9:2 djstrjgs vehicular access shall be spaced no closer than twcn1y•fi\'e feet (25') to any :idjaccnl property line, However, the City m&)' reduce this setback requirement to pcrmil a single vehicular access point lhat can serve two (2) adjacent propenies or where compliance with
these requirements would deny vehicular access to a property.
(3) On!)• one (I) access per street frontage shall be pcrmincd,
unless a Zoning Sile Plan or traffic impact analy,is shows, and
the City agrees, that additional access points are required 10
adequately accommodate driveway volumes and that
additfonal access will no1 be detrimental 10 traffic 0ow.
(4) The width of any entrance driveway shall not exceed thiny
feel (30') measured along its intersection with the propeny
line .
41
~. The C11y Council of 1hc C1I)' of Englc\\ood, Colorado hereby nu1honzes nmcndmg T11le 16, Chap1cr 6, Scc11011 6. "Fences nnd Rc1aming \\'alls" of1he Englewood Municipal Code •
l000 10 read as follows:
16-6-6: Ft ncts and Retaining W alls.
!EDITORS NOTE: l 6-6-6(A) through (E) contains no changes and is t bcrefort not
incl uded here!
F. F nee Srondords.
I. Pcnnittcd Fence Locauon, Class, and l-leig;h1 by Zone District. It shall be unlawful for
any person to erect a fence or for any propeny owner 10 allow a person to erect a fence
that doc.< not confonn to the standards enumerated in this Section and the standards for
all zoned dis1ricts. as described in Tables 16-6~.1 1hru 16~-6.4:
a. Solid ConslrUCtion I, 4 3 b. Open Construction 2, 3, 4, s. 6 4 . Fences in a front y.ud snal not interfer e with or obstruct FRONT SETBACK: visibility within a required a. Solid Construction I, 4 3 sight distance tri angle. MU-R-3-A b. Construction: MU-R-3-8 i. Residential 2. 3, 4, s, 6 4 I, 2 6 Ii. Nonres1den1io l 4, s, 6 4 R-l•A SIDE . Fences in n side yard shall R-1-B SETBACK/FENCES 6, not interfere with or obstruct R-1-C BEHIND TIIE FRONT I, 2, 3,4. except ns noted 1n visibility within a requ1r~J R-2-A, SIITBAC K LINE: S,6 Addit1~nal sight distance triangie R-2-8. Solid and/or Open Requirements MU-R-3-A. Constniction MU-R-3-B
R-1 -A . Fences In a rear yard shall R-1-8 6, not interfere with or R·'·<' RF.AR S1::1 BACK : I, 2,3,4, except as noted in obstruct visibiltty within a R-1-A , ,_,1,➔ and/or Open s. 6 Addi1ional r"'luircd sight distance R-1-8, 1orn,1mc· on R"'1t11remen1s triangle. MU-R-3-A,
MU-R-3-ll
•
42
AREA W1TH1N IS Fences in a front yard shall not FEET OF FRONT interfere with or obstruc1 PROPERTY LINE: visibility within a required a. Solid I, 4, S sight distance triangle.
Construction • A combination fence may be
pcnnittcd where a solid w. masonry base shall have a
M:l. I, 2, 4, S maxi mum height of three (3)
M:!l;J.. feet, and decorative metal
~ b. Open material built on top of that
MU-B-1, Construction base shall have a maximum
MU-B-2, height of three (3) feet and
TSA 2 6 shall ~ at least 75% open .
Fences in rear and side yards
AREA BEYOND IS shall not interfere with or
FEIT OF'l'RONT I, 2, l , 4, 5, 6, 7 6 obatruct visibility within a
PROPERTY LINE rcquJICd sight distance triangle. •
FRONTYARD: Fences in a front yard shall noL
Solid and/or Open I, 2, 3, 4, S. 6, 7 12 interfere with or obstruct visibility
Construction within a required sight distance
trian le.
SIDE YARD: . fences in• side yard shall not
1-1, 1-2 Solid and/or Open 1. 2. 3, 4, s, 6, 7 12 interfere with or obstruct 1•1sibilily
construction within o required sight dis tance
trian le.
REAR YARD: . Fences ,n a rear yard shall not
Solid and/or Open I, 2, 3. 4, S, 6, 7 12 interfere with or obstruct visibllity
Construction wi thin o required sight distance
triao le.
Additional Fence Standards. a. Barbed Wire. (I) Barbed wire or other sharp wire shall not be erected or maintained within: (a) Aoy residential, TSA. or business zone district. {b) Any yard area of a propc:ny within an industrial zone district that abuts or adjoins property in a non•mduslrial zone district.
(2) Where allowed, barbed wire or 01her sharp wire may be erected on pttmiued
fences provided the wire or material is installed at least six feet (6') above
grade and does not exceed the pccmitted fence height .
b. HeighL
(I) Height means the distance of the vertical fence surface measured from finished
grade to the top of the vertical surface.
(2) Pill ars or posts between vertical fence surfaces may exceed the maximum
perrnined fence height by ten percent (10-/4).
(3) Trellis and Gate/Enuy Features. Trellis and Gate/Entry features may be
permitted provided they do not exceed a height of eight feet (8') above grade .
(4) When a fence is erected on top ofa retaining wall, the height of the fence shall
be measured from the lop of the retaining wall.
(S) When a fence is cn:c1ed on a wall that is part of, or integral to the fence
construction, the entire structure shall be considered a Class 6 fence and shall
comply with Class 6 fence height requirement.
c. Design and Location.
(I) Separation between pillar/posts shall be a minimum offive feet (S '),
(2) Decorative Materials. Decorative materials, including but not limited to tile or
glass block, may be incorporated into the design of permitted classes of fences
upon the appro,,al o f the City Manager or designcc.
(3) Fences in Easements. Fences may be pcmlined within casements. However,
the City shall oot be responsible for the repair or replacement o f fences that
must be removed to access such casements.
(4) Fences AdJaccnt to the Public Sidewalk. All fences shall be loc6tcd on the
owner's property but no closer than one foot (I') behind any public sidewalk.
•
•
(5) Gates shall be prohibited from opening into or over any public sidewalk, street, •
or alley.
44
•
•
•
d. Lighting. L1r,r1ing may be installed provided such hlJ)u ing is controlled by an automatic lig~l level ~w11ch and 1s downcast and shielded ro that hglu ,s directed imo the sue and n0t outward toward adjacenl properties. e. Fences for Swimming Pools. Please refer to the Englewood Municipal Code for fence requirements for swimming pools. f. Temporary Fences. Temporary fences for construction sites or similar purpose shall comply with requirements of the building code adopted by the City,
(EDITORS NOTE: l ~l (G) through (I) co ntains no cbngcs and IJ th er efo r, not lo,·(uded
here)
~-The City Council of the Cil)' of Engle"-ood. Colorado hereby luthorizes ame Jing
Title 16, Chapter 6, Section 7, .. Landscaping and Scrccning" of the Englewood Municipal U>de
2000 to reaJ as follows:
16-6-7: Landscaping anJ Sc ret nlne,
A. P11rpo.ve. This Section establishes landscape and screeni ng standards for new
developmen t and for redeveloping prope11ies in order to enhance, improve,
protect and pmerve the appearance, character, and value of such properties and
their surrounding neighborhoods. This Section is funher intended to:
I. Enhance the aesthetic appearance of development in the Cit) by
providing standards relating la qualil)', quantity. main1cnancc and the
functional asp,,cts oflandscaping;
2. Aid in stabilizing the environment's ecological balance by contributing
10 the processes of cili purification, oxygen rcgcnc:nition, Slonn wa1er
runoff reduction and ground water recharge, and 10 encourage water
conservation through waler conserving devices and xcriscapc principles;
3. Reduce 1hc noise, heat and glare gencroled by development; and
4. Pro1cc1 public health, safety, and welfare by minimizing the impact of all
hms of physical and visual pollution, scre,11ing incompalible land uses,
preserving the in1egrity of neighborhoods. and enhancing pedes1rien and
vehicular trnffic and safety.
B. Arp/icabi/1/y.
I. Tlus Section shall apply to any development located withjn the Cuy of
Englewood al such time as an application 1s made for any of the
fol'•wing:
a. A building pcnnit for a new principal structure;
b . A building permit for existing principal structures that results in
the expansion or increase of the gross floor area and/o. off-street
45
parking a1U by fifteen percent (15°0) or more, or a 101al off11e hundred (500) square, fee1 grnss Ooor area, wh,ehe\'er is grcn1cr: or e. A Rezoning of propeny. 2. Tlus Section shall 1101 apply where a buildmg pcrmi1 is issued for 1he res1ora1ion, within 1wel\'e ( 12) months, of a buildmg 1ha1 has been damaged or destroyed by fitt, explosion, s1onn, or 1cciden1 of any kind, unles.s such r~toration exceeds the expansion provisions of subsecuon l(b) abcwe.
3. No exisnng use or lot shall be deemed nonconfonning solely becaur
the lack of landscaped area in the minimum amoun1 prescribed i
Section, provided that such landscaped areas existing on 1he en.,.;tive
date of this Title shall not be reduced in function (e.g., by pavi:t,1 over
the area) or size thereafter, unless a variance is wanted accord :r.g 10
Section 16-2-16 EWC .
C. landscape Plan Requirement.
I. General. A landscape plan shall be required as pan of a buildin~ permit,
Zoning Sile Plan. and/ur rezoning application, as stated in subsection 16·
6-7.B EMC, 'Applicability." The landscape plan shall meet the intent of
this Section by elthibiting a comprehensive design program in terms of
materials, location, size/scale, function, theme, and similar attributes .
Landscape plans shall be reviewed by the City 10 determine whether they
meet all applicable requirements. Landscape plans shall be dnwn
ac ·rding 10 landscape plan submittal requirements.
2. Waiver Allow..t. Where an applicant can show that existing landscaping
meets or exceeds the total landscaping required by this Section, the Cuy
may waive submittal of a landscape plan.
D. Minimum lundscapca Area Requirements. Propenics shall provide a minimum
IC\ el of area landscap, ng as follows:
I , Rcs,denlial Uses tn All Residential Zone Districts.
2.
a. One-Unit and Multi-Unit Uses Cor.1ain1"1/ Up 10 Three Dwelling
Units. One hundred perccn1 (100%) of1hc front SClback area nnd
no less than fony perccnl (40%) of the lo• area, exclusive of
driveway, shall be landsc.,ped.
b. M11/ri-Unit Uses Containing Four or More D. ·llinR Units. Al
least twenty-five percent (25' of the 1o;nl i.,11 be
landscaped.
Nonrcsidcntia.l Uses in Residential Z< Districts. A minimum of
twenty-five percent (25%) of the total site shall be landscaped.
46
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•
•
•
•
•
3 . Business Zone Dis1nc1s. A minimum of fifteen pcrcenl ( 15%) of 1he total sue shall be landscaped. 4. lndus1rial Zone Dis1ricts. A minimum of fifteen pereeni ( I 5%) of 1he 101al si1e shall be landscaped . 5. PUD Districts. Landscaping rcquimnenls shall be dClcnnined on a casc-by-case basis. Considcra1ion shall be given 10 the type of de,·elopment use and adjacen1 land uses. PUD landscape requiremen1s shall be guided by 1he dis1ric1's predominan1 developmen1 use and by rcquiren1cn1s established for similar developments in similar zone distric1s.
6. Water, Wastewater Treauncnt and Olher Similar Large-Scale Public
f:cilities. Where compliance 10 dis1rict 1.0ne !UjUirernents may not be
feasiLle or practical, an alternative compliance plan may be submitted.
7. South Broadway Corridor Properties.
8.
2.
a. Redeveloping properties fronting on South Broadway shall be
!Ujuircd 10 provide no less than a minimum often pen:cnt (10%)
of the total site 10 landscaping upon completion of the
redevelopment, renovation, and/or expansion of the existing
development. Landscaping shall be required in the front yard
area.
b • In cases where the landscaping provision may not be practical
due to existing area conditions, an altCTl',iive compl iance plan
may be considered by the City.
c. Propenies developing between and includmg the 3200 to 3600
blocks of South Broadway arc encounged 10 develop with
traditional , commen:ial patterns established within those blocks.
Multiple-Zoned Properties. Where one property is com)JOsed of more
1han one ( 1) 1.0ne district, the landscape requirements of the more
restricrive 1.0ne, as provided in this Section, shall apply. Sh'Uld the
landscape area rcquircmcn1s be impractica~ the City may consider
alternative compliance plans.
M-1 M-2 M-O-1 and M-Q-2Qjstricts
L Pw;;Uoit and MulU·Pnit Uses C-0mniaioR UP 10 Three (3} Qwc;)lipg
.l1lw.
W For lots 6 000 souarc feet or more in size one hundred 2ercsn1
(100%,l of the front setback area end no less thnn font PSCSGPI
(40%) 0( w 1°1 area ecJY•ixe 0( driveway sboll bs landscaped
47
CJ for 101$ lea 1h00 6 000 iQUWc fm m sjze QQC hundr;cd PSSSPI Cl00%l of 1bc front $Clback area And no lcsa than twentx .. fixe PSCSS'Ilt C'5°4) pf lbs lot area GXSIU$iYC of driYSW@Y aball be landscaped IL All Other Sinsle Use DevcloPrnents W For lots 6 000 wuarc rm or mon; io $izs a minimum of Ofleso ncrcsnt 05°4tl Pfthe total aite shall be loodscaocd,
al For 101s lru thao 6 000 souarc fem in size , minimum of tFP
percent OQ%) of the total sj1c •b•II be l•pdsq,ped
" Mix¢ Use QcycJonrosots
W For lots 6 000 sou.arc feet or more in size a minimum of ten
RSGRJt CI 9°4tl of the t9SII site shall be lnndmms4
Ul For lots less thoo 6 000 seuare feet in size o minimum of five
aercsnt C5%l of 1he totol site shall be It 1dscancst
(CDITORS NOTE: 16-6-7([.) t hrough (J) cont ains no cungu a nd is tberdor e not Included
here(
K. Scrt ening Req11iremenrs.
I. Purpose. These screening reqwemcnts arc intended to physically buffer
and visually shield adjacent land uses that arc not fully compatible.
Screenina is intended to effectively shield adjacent propcnics from any
adverse impacts of the subject development, or to shield or screen the
subject development from any potential adverse impacts arising from
adjacent uses already in operation.
2. Applicability. All new development shall provide sufficient scrc:ning
nccording to this subsection. Screening requirements shall be in addition
to this Sccuoo's landscaping requircmenlJ . Screening shall be required
between the following adjacent lnnd uses and/or zone districts :
).
a. Residential uses and all Olhcr nonresident1ol land uses, except
when such USC!. are combined in the same building and/or as pan
of n permitted mixc, ,sc dcvelopme111;
b. Conuncm ol and industnal uses:
c. Off•street parking areas and public rights,of.way; and
d. Elsewhere as dctcnnined by the City.
Gene.ral Screening Standards.
48
•
•
•
• a.
• b.
C.
•
Permitted Screening Mntcrial.r. (11 Scrcerung may be composed of a solid fence or wall. semi-opaque landscaping, or benns, or combina1ions thereof. {2) Landscaping materials used for screening shall comply 11ith lhc plan1 ma1c:rial requiremcms in Scc1lon 16-6-7.1 EMC. Large evergreen trees (mature heigh1 of at least forty feet (40,) shall be used in an amount equal 10 or
greater than lilly ~ercen1 (50%) of the required total U'ec
plantings .
(3) Fencins/walls for screening purposes shall comply llilh
Section 16-6-6 EMC. Class 3 and Class 7 fences/walls
(as described in Table 16-6-6.2 above) arc no1 pcrmiued
for screening purposes . All fences and wall, used for
screening pwposes shall be a minimum of six fee t (6') in
height, except tlw walls used in screening an off•SltCCI
parking area from an adjacent right-of-way shall be a
maximum of thiny inches {30") in height.
(4) Sc reening shall not extend into required traffic sight
distance triangles .
Permilled Uses In the Sci .enlng Ano. No principal or accessory
uses, and no suuctures [mcluding signs and exterior lighting
foaures). buildings. parking or loading areas, s1oragc, or service
areas shall be allowed in a required screening area. Screening
sha ll be continuous and unbroken except for breaks required fo,
pedestrian or vehicle access or COllllCClions.
Minimum Screening Requirements.
(I ) Screening Between Nonrcsidcnlial Use and Residential
Use.
(a) Minimum landscaping Required. One (I) tree
and live (5) shrubs per li,•c hundred (500)
square feet of screening area. Lancbcaping shall
be ins1alled on lhc side of lhc fence/wall facing
the residenual use.
(b) Minimr11n Widtl, of Screening Arc11, Fifteen feel
(15'), except the widlh shall be incrv ii 10
rwen1y feet (20, if lhc adjaccm nonrc Jen11al
bui lding is three {3) or more s1ories in hc11!11t ,
(c) Minim11m Fence/Wall Requirement. Six foot (6'J
high wall or fence on bound•ry line, "ith brick
49
po<ls every one hundred 1wcn1y feel ( 120') on • center, or al lot comers. whichever distance is less. (2) Screening Between Commercial and Industrial Uses. (a) Minimum Landscaping Required. One (I) tree and five (5) shNbs per seven hundred fifty (750) square feet of screening area. If a fence/wall is
used as part of the screening treatment,
landscaping shall be installed on the side of the
fence/wall facing 1he commercial us-..
(b) Minimum Width of Screening Area. Twenty fect
(20'), which may reduced lO ten feet (10') if a
fence or wall is included as part of the scre~1,ing
treatment.
(3) Screening 8C1Wecn Off-Street Parking Area and Rights•
of-Way.
(a) Minimum landscaping Rtt111ired.
(I) One (I) tree and five (5) shNbs per
thiny linear feet (30') of frontage; or
(2) A h1ndscaped benn meeting the criteria
in lhe following Table 16-6-7.3. If a
benn is used, the total minimum width
of the screening area may be reduced to
equal the total width of the berm.
Hect
4:1
Minimum plan1ing Plantings required by paragraph (a)(I)
abo\'e shall be planted to maximize 1he
intended screening; remainder of berm
•hall be planted with ground cover
~-----------1 ■,xl 'o_r~sod~·-------~
(b) Minimum Width n; '>creening Area.
(I) Adjacent to Anerial ROWs: Twen1y
',cl (20').
50
•
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•
•
•
(2) Adjacent to all other ROWs : Ten feet (101, (c) Optional Wall. Screen walls up to tluny inches (30") in height arc allowed b.:t •·ccn the required landscaping and the parking area. (d) Credit for Landscaping. Off-stl'CCI parking landscaping contained in a screening area required by this subsection shall be credited against the perimeter llllldscaping requirements
in Section 16-6-7.F EMC.
(4) Adjustments to Minimum Width of Screening Arca. The
City may increase or decrease the minimum width of the
screening area, and/or the amount of landscaping
required, when reason.ably necessary to create n more
effective buffer, to better accommodate urban-scale or
mixed-use development and redevelopment in the TSA
or business zone districts, or where a site conta ins
unique features (such as, but not limited to, changes In
topography between the adjacent uses). All such
adjustments shall be pursuant 10 the pnx:cdurcs for
administrative adjustments in Section 16-2-17 EMC.
(S) Screening of Utilities, Loading Areas, Outdoor Storage,
and Trash Collection/Compaction Areas.
(a) Applicability. The screening standards in the
following summary Table 16-6-7.4 shall apply
to: (I) all utiliiy and other giound-mountcd
equipment visible from public or private strcc1s;
and (2) to all loading areas, outdoor storase, and
trash collection/wmpaction areas, except for
areas located on sites with one-unit residential
uses or areas that arc only visible from luis with
industrial uses .
51
To the maximum cxtcnt practicable, CVCfl!l'een shrubs or ltteS (u 1all as the enclosure) shall be used 10 screen u1ility service boxes and other ground-mowlled cquipmcn1 visible from public 01 riva1e streets .
Truck Parking and Loading Areas Within a minimum I 5-fool wide area, a minimum
of one (I) conlinuous row of evergreen shrubs
(minimum S feel call al maturily) planied Bl a
minimum spacing of S feet on ccn1er, and
deciduous trees plan1ed at an average of one lrct
20 linear fctt.
Outdoor S1orage Area • All such areas shall be screened from view from
all property lines and adjacent riglus-of-way by an
opaque fence or wall al least 6 feet in heigh1 tha1
incorpora1es a1 lcu1 one of lhe prcdominan1
ma1erials and one of 1he predominan1 colors used
in the principal slruclure.
• The fence may exceed 8 feel in height where the
difference in grade between the right-<>f-way and
lhe outdOOt s1orage area makes a 1allcr fence
neccssa,y to effectively screen lhc area. •
• A landscaped earth bcnn may be used instead of,
or in combina1ion wilh required fence or wall.
• If such areas are covered, then the covering shall
include at least one of the predorninan1 exposed
roofing colors on the principal siruc1ure.
• The perimeter of the fence or wall must be
landscaped wilh a 7-foo1 wide strip containing a
minimum of one (I) irec for every I SO square feet
oflot area.
Trash Collection/Compacuon Areas • Each such area shall be incorpora1ed into the
overall design of the principal structure on the site,
and shall be loca1ed in the rear of the si1e al least
20 feet from any adjacen1 rcsidcn1ial uses, or if
tha1 is nol feasible, I hen on the sides of 1he 101.
52
• No such area shnll be localed wi1hin 20 feel of
any street, public sidewalk. internal pedes1rian
way, or residcn1ial use .
• Each such 1111sh collection area shall be screened
from view from all property lines by a solid fence
or wall bct "-een 6 feet and 8 feet to heigh1. The
access to this enclosure shall be screened with an
opaque gnte. Screening fences and walls (not
including ga1es) shall incorpom1e at lease one of
1hc predominant materials and one of the •
rcdorninant colors used in lhe rinci al s1ructure.
., •
•
•
(6) Screening of Rooftop Mechanical Equipmc:111 ..i,d Flues.
w
Rooftop mrchanical equipment and appunemnccs shall be screened so that they arc IIOI vuible from adjacent public streets or adjacent propc:n.cs less than two hundred feet (2001 awn)' when vie..,ed from five feet
(S'} above grade level. Screening enclosures shall we at
least one (l ) of the predominant materials used in the
facades of the principal structure and one of the
predomina111 colors used in the principal structure. All
air conditioning compressors shall be completely
screened. All rooftop and wall vents and flues extending
above the top of the nearest parapet shall be painted
with one of the predominant colors used in the principal
structure. Any rooftop equipment generating off-site
noise shal.l also be baffied or otherwise attenuated 10
direct unavoidable noise upward or away from
residential uses.
SrneuioR Bstweeo Nonwid;ntia( Use and RnidGDliAl
Use io the M-J M,2 M-Q-1 apd M-Q-2 Districts
!al Minimum l&Pd§AAPins Reauired I ondscom;d
buffer with uccs located a Dlllimum of twrmx ..
five fees I'S? on cents Md a minimum of five
CS\ shrubs pg five hupdr9' CSQOl sgµgrc feet pf
$SCC$0iDR VA ld!OdSSPiPR WH hs installesl
on the sjdc of the fencrJwaJI facjpg the
commgcial use,
Ou Minimum Width of $s:ssuios &a· Fixs feet ca
W Minimum Esw:OYoll RSPuirqne,u Six foot l6'l
hiRb claH 1 4 5 or 6 wall or fence .on
boundary line with brick PmlS cycry PPS
hundred twenw feet C 129' on centtt or QI 101
wmcrs whicheYer distance is less
W Scremine Betwesn Off·Street Parkin e Arca nod Street
RiRhts:Pf·Wav in the M-1 and M·2 Zoos Dlsidcts
Minimum i,andscaPins Rwuired• One Cl\ tree
~C5) shrubs oer thirtY linear ft .. uJ.Ql.Qf
fmm@Ke Landscaninv shall be installed on 1hc
side of the fencrlwall fadns the street cisb1:2f·
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I.Ill Minimum \\'idth of S<mniru!.,,An-a· Five feet L.U !'1 Minimum FcnceJ)YalLRcauiremem Tbio,:...w fonY·IWO inch (30;42'") high class l 2 or 6 ;fillll or fenc;e OP boundary line with brick POSlS £W:Y one hundred twemv feet CI '01 on cemer or at lot comers . whicheYSir distance is less,
!EDITORS NOTE: I 6-6-7(L) through (0 ) contains no changes and is therefore not
included here)
Section 10, Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health . safety, and wel fare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Ci ty Council further determines that the Ordinance bears a rational relation 10 the
proper legislative objec t sought to be obtained.
~ Sevcrabjlitv. If any clause, sentence, poragraph, or part of this Ordinance or the
application thereof 10 any person or circuuistances shall for an;' reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect, impair or invalidaie the remainder
of this Ordinance or it application 10 other persons oreircums1anccs.
Section 12. Inconsistent Ord inances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof arc hereby repealed 10 the extent of such
inconsistency or conflict.
Section 13. Effect of repeal or modification. The repeal or modification of any provision of
the Code of the City of Englewood by this Ordinance shall not release, extinguish, a!ter, modify,
or chang in whole or in part any penally, forfeiture, or liability, either c ivil or criminal , which
shall ha, a heen incurred under such provision, a."d each provision shall be treated and held as
still rema .ng in force for the purposes of sustaining any and all proper actions, suits,
procccdin~s. and prosecutions for the enforccmcnl ofthc penalty , forfeiture, or liability. as well
as for the purpose of sustaining nny judgment. decree, or order which can or may be rendered,
entered, or made in such actions . suits. proceedings. or prosecutions.
Section 14. Pcndlty. 111c Penally Provision of Section 1-4-1 EMC shall apply to each and
every violation of this Ordina nce.
Introduced, read in lull. and passed on tirs1 rcadin~ on the 1st day of June 2009.
Published as a Bill l'nr an Ordinance in the City's official newspaper on the s" day of June, 2009 .
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Published as a Bill for an Ordin:1nce on the Cuy·s offic ial websue bc~uuung on they• day of June. 2009 for thin)' (30) days. ATTEST: James K. Woodward, Ml)'Or
l. Loucrishia A. f.llis, City Clerk or the City or Englewood, Colorado, hereby ccniry thnt the
allovc and forego:, • is a lruc copy or a Bill for an Ordinance, introduced, read in full, and pRsocd on
first reading 011 , t. ·st day or June, 2009.
Loucrishia A. Ellis
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COUNCIL COMMUNI CATI ON Dale: Agenda Item: Subjed: June 1, 2009 11 a 1ii Amendment to 1he Official Zoning Map to Rezone Portions 01 the Medical District Area to M• 1 and M• 2 Mixed Use Medical Zone Districts Initiated By: I Staff Source:
Community De\ elopment Oepanmem John Voboril, Planner
COUNOL GOAL AND PREVIOUS COUNCI L ACTION
Council chose to make economic de, elopment a top Council goal in ea rly 2006, and lias continued
lo reaffi rm this goal as a top priority. The amendment to the Official Zoning Map to rezone
ponions of the Medical District Area to the ne\\ly developed M• 1 and M·2 Mixed Use Medical
Zone Districts, and to establish areas In which the newly de\eloped M-0-1 and M-0-2 Medical
Overlay District regulations apply (proposed for adopti on under a related, but! •narale ordinance),
have been developed in response to Councff's desire to establish more develor, • •i,t.friendly
regulations in the immedia te vicin ity of Swedish Medical Cen ter and Craig Hosp1t,•i 10 take
advantage of de, elopment interest in the area.
The following timeline presents a complete list of Council actions on the amendmen t to the Official
Zoning Map 10 rezone portions of th e Medical District Area to the newly developed M•t and M-2
Mixed Use Medkal Zone Districts, and to establish areas In winch rlie newl1• developPd M-O· 1 and
M•O·2 Medical Ovrrlay District regulations apply (proposed for adoption under a related, but
separate o,dinanci,1 beginning with the Englewcod Downtown and Medical District Small Area Plan
process:
Ju ne 20, 2006 Study Session: CD Proposal to Undertake Small Area P1anning Process for d,e
Englewood Downtown and Medical District>
February 20, 2007 St udy Sessio n: Revi,w of (nglewoocl Downtown and Medical D,strkt Small
Area Pian Policy Document Goals and Obj!'C11\ es
April 2, 2007 Regular Meeting: Council ApprO\al of Eogles,ood Downt0\\n and Medical
District S111,1II Area Plan Polley Document G.>Jls and Objectives
by Resolu11on
Jun~ 1(,, 2008 Study Session: Engle\vood Medical District Small Area Rezoning Plan UpdJt~
October 13, 2008 Study Session: Prese111a1ion of Medical Zone and Overla y District Amendment
Concepts and Rezoning Boundaries
RECOMMENDED ACTION Communil) De, elopmen t seeks Council support for a bill for an o rdinance approving an amendment to the Official Zon ing M,,p to rezone portions al the Med,cal District to M-1 and M·2 Mixed Use Medical Zone Districts . Stan iurther recommends that Council schedule a public hearing on July 6, 2009 to g.ither publ ic input on this issue and ano ther dose~ related ordinance amending the Medical Zone and Ole~ay District Amendments to Tide 16 (agenda item 11 a ii), BACKGRO UND, ANA LYSI S, AND DESCP.IPTI ON OF PREFERRED ALTER NATI VE
Background
The original impetus for the amendment to th• Official Zoning Map to rezone portions of th e
Medical District area to the newl y developed M• 1 and M-2 Mixed Use Medical Zone Districts, and
to establish areas ,n which the newty developed M-0-1 and M·0-2 Med'cal Ch erla,• District
regulations apply (proposed for adoption under a related, but separate ordinance) was Council's
desire to pursue policies that are more supporti,e of potential economic and community
development projects. Council made economic development one ol its stated chief goals on 2006,
and has reaffirmed this goal every year since.
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In order to support Council's economic development agenda, Commu nity Developm er ,t proposed
undertaking a small area planning process focused on the Englewood Down town and Medical
Districts. All residents, property owners. and business owners were im·itP,:I to become participating
stakeholders In a series of meetings designed to laster discussion of r ianning goals and objecdves
for the area. The resulting policy documen~ Englewood Oownrown and Med/ca, Disltict Small J\rea •
Plan, was offoclally adopted in t~e SJ)<ing ul 2007.
Soon after adoption of the Englewood Downtown and Med,cal D/str,ct Small Area Plan, Community
Development stall began the process of de, eloping proposed bou11daries for new Medical Zone
and Overlay Districts based on goa ls and objectives for tl,e si~ sui).areas that made up tl,e orl3lnal
Medical District study area. These goa ls and objectives were developed from stake holder
responses to questions asking participants to identify areas where change was appropriate as well
as areas ,~here stability was desired (' o mmunity De, elopment sraff developed lhe proposed
boundaries 10 include idP.ntified are.is of change and exdude identified areas of stabiloty.
Community Development staff began to work closely with the Planning and Zoning Commission to
examine and refine the proposed boundaries lor the new Medic al Zone and Overlay Districts
thro ugh a series of five study sessions beginning on April 24, 2008 and ending on Sept~mber 3,
2008. The Planning Commiss ion made slight modifications to the internal boundaries between the
M· 1 ,nd M-2 Zone d istricts. as well ;,s slight modifications 10 the height znne boundaries. A fina l
study sessiun was held on January 21 , :?009 In response to a request by a private property owner to
modify 1he 1roposed boundaries o l the 145 loot height zone to Include the west side of Emerson
Stree~ as \\ ell as e,pansion o f the o, crla1· district boundary in ord~r to onclude additional properlles
on the east side of Eme rson Stre~t Howe-. er, the Planning Comm1ss1on did not ieel the arguments
made in support of the proposal \\ere strong enough to warrant re-.lsions.
Soo n after the September 3, 2008 wrap-up study session, Community Development ,;aff invited
Craig Hospit,,1 ,md Swedish Medical C~nt~r execu tive staff to meet with City staff in order to hear a •
presentatior, on the Med ical Zone and O, erlay District concepts ,rnd the proposed bound.iries for
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1he Medical Zone and 0-erla\ DoslnCIS and give feedback on October 14, and October 29 , respectively. Executive s1affs from bo1h hospitals e.pressed satisfaction "ith the proposed regulalions and boundaries , acknowledging 1ha1 tl1e new regula1ions and boundaries wou ld give 1hem more ne~ibility to expand !heir current facilities on properties 1he hospilals currently own. Al this time, Community Developmenl s1aff also prepared 10 take th e proposed Medical Zone and Overlay Dis1ric1 boundaries back to 1he community slakeholders for 1helr reacllons. Once again, all resldenls, property owners, and busintss owners wi1hln and one block beyond 1he DJwnlown and Medical District s1udy area boundaries were invited 10 auend stakeholder meellngs on November 12 and 13, 2008. Stak'!holders \\ere generally accepting of 1t1e proposed Medical Zone and Overlay District boundaries presented 10 them, recognizing that the proposed boundaries generally
conformed to the sub-area goa ls and objectives of the origi nal Englewood Downtown and Medical
District Small Area Plan.
Analysis
The proposed boundatles for 1he amendment to the Official Zoning Map to rezone poruons of the
Medical District Area to the newly developed M-1 and M-2 Mixed Use Medical Zone Districts, and
10 establish areas in which the newty developed M-0-1 and M-0-2 Medical Overlay Distw:t
regulations apply have been designed to fos ter economi,.. development and expansion. The
proposed new zoning and overlay dls1ric1s hold many advantages over the existing zoning pauerns :
• The new zone districts effectively separates areas slated for change from reslden1ial
neighborhoods where significant change is not desired. The new M-1 and M-2 Zone
Districts were dra"'n to only Include areas In which stakeholders indicated were accep1able
areas of change.
• The new zone districts effectively expands the area allowing retail uses into the area directly
south of the Swedish Medical Cen ter and Craig Hospital campuses and traditional Old
Hampden corridor, 10 Include prime development parcels located at the corners of Logan
and Clarkson with US Highway 285.
• The new overlay dls1ricts effectively establishes a transitional area between 1he M-1 and M-2
Zone Districts 1d residential neighbonoods 10 the north and south, which allow these
areas to serve a supporlive developmen t role In conjunction wilh primary M-1 and M-2
Zcne District developments, and al lhe same time, provide a measure of protection for
adjacent residential areas.
Description of Preferred Alternative
M•l: Mixed Use Medical, Office, and High Density Residential Zone District
This zone district allows hospitals and medical uses, as well as general office, high density
residential, and hotels as primary land uses. The dis1rlc1 cove rs 1he existing main hospilal c,1mpus
areas. In order lo pro1ec1 residential neighborl1oods 10 the norih, II does not allow retail as a
primary ll!,e .
M-2 : MiJcd Use Medical , Office, High Density Residential, and limited Retail Zone District TI1ls zone distr ict allows hospitals , and medical us es, as well as general office, high density residen tial, ho tels, and limited retail as primary land uses. Retail uses are restricted to no more th an 10,000 squa re feet, wit h excep tions made for strategic properties located at the Inte rsections of Logan, Clarkson, and Hampden with US Highway 285. The distric t will not allow new au to-orien ted uses to be es tablished . TI1e district covers th e histor ical Old Hampden bus ine ss corridor as well as the area directly south of the hospital campuses stretching to, and includ in g the Clarkson and Logan intersectio ns with US Highway 285.
M-0-1: Mixed Use Medical Overlay District
This overlay distr ic t covers a po rt ion of the MU·R-3-B base residential zone district from the
ce nte rline of Gi rard Avenue to points 130 to 180 feet to the no rth. Under the M-0-1 Overlay
District regulations , prope rt ies must fo ll ow the ex isting MU·R-3-B regulations for land use, dens ity,
and heigh t, but are allowed to fo ll ow the more flexible M-1 /M-2 setback regu la tions.
M-0-2 : Mixed Use Medica l Overlay District
TI,is over la y district covers a portion r ' the R-2-B base residential zone distric~ covering th e first
residen tia l lot adjacent to the historical Old Ha ~ -~en Avenue business corridor. Prope rty owners
may develop these lots under the R-2-B base r, itlal zone dist ri ct regulations or may op t to
combine the property wi th adjacent properties with frontage on Hampden Avenue in order to
crea te a de eper lot for a larg er mixed use , res idential , or office de ve lopment, or as a parking area
for a sing le use re tail development.
Summary
The proposed Amendment to th e Official Zoning Map to rezone portions of the Me di cal Dis tri ct
Area to M-1 and M-2 Mixed Use Medical Zone Dis tricts, and to estab lish areas In which M-O· 1 and
M-O-2 Medical Overlay District regulat ions apply (proposed for adoption un der a re lated, but
sepa rate ordinance ) repr esen ts the achievement of the first implementation step toward the
realization o f the Englewood Medical Dis tric t vision.
FINANCIAL IMPACT
No dir ec t financia 1 costs are antici pated from the adop tion of th e propose d amendments .
LIST OF ATTACHMENTS
Planning and Zoning Commission Publi c Hearing Minutes: May 5, 2009
Planning and Zon ing Commission Public Hearing Findings of Fact: May 5, 2009
Pr opose d Bill for an Ordi nance
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Pl.uu:,nJ lr.d Zom111 Comma,,an Pl.bl .. H<>rn1 Cm •100S-0l :,.sd •Z0~,009-01 ~by S. 2009 P,1<1 or 10 CITY OF ENGLEWOOD PLANN ING AN D ZO NING CO MMIS SIOi, REGULAR MEETING May 5, 2009 I. CALL TO ORDER Bl The regular meeting of the City Planning and Zoning Commission was called to order at
7:06 p.m. in the Co uncil Chambers of the Englewood Civic Center, Vice Chair Kno1h
presiding
Present:
Absent:
Staff:
Roth, King, Weiker, Calonder, Krieger, Knoth, Fish, Kinton
Brick, Bleile
Alan White, Comm unity Developmen t Director
John Voboril, Pl!nner
Nancy Reid, Assistant City Attorney
II. APPROVA L Of MINUTES
April 17, 2009
Krieger moved:
Calonder seconded: TO APPROVE THE APRIL 17, 2009 MINUTES
Vice Chai r Knoth asked if the re were any modifications or co rrections.
There were none.
AYES,
NAYS·
ABSTA IN:
ABSF.NT:
Roth, Welker, Krieger, Calonder, Knoth, Fish, King
l'\one
None
Brick, Bleile
Motion carried.
111. PUBLI C HEARING: CASE #2008-03 AND CASE #ZON2009 -0 1
fJi
We lker mo,ed:
Ro1i, ;e~onded: THE PUBLIC HEARING ON CASE #2008-03 AND CASE
#ZON2009-01 BE OPENED
AYES:
r~AYS:
Kno th, Roth, Welker, King, Krieger, Calonder, Fish
None
Pl.J,l'!nlns .;u,J l,\r.r•i Corr.m1n1,Jn Pi..M1c Hc.mr:1 Cu: •~005.0! .ti.! •ZO,!Ol 4l-01 ~l•l ! l t)111 P,,: ~ oi 10 ABSTAI, ABSE~T None Brick. Bleile \ louon carried \Ir \'oboril, Planner, 1\as sworn 111. He stated tonight's P~blic Hearing 11ill be focusing on two related but separatr zoning cases, Case =2008-03, Medical Zone and O verla) Amendments to Title 16 and Case ;izo,2009-01, Amendment to the Oit1cial Zoning Map
to rezone an area of the City generally bounded by South Logan Street, East Girard
Avenue, South Lafayett e Street and Little Dry Creek to M-1 and i\\-2 Mixed Use Medical
Districts and to establish areds in "hich supplemental M-O-1 and M-O-2 Medical Overlay
District Regulations Apply .
CASE #2008·03
Mr. Voboril stated he has proof of publication of the public hearing notice, which was
published In the Englewood Herald 011 Ap ri l 17, 2009 . The Swedis h Medical Ce nter and
Craig Hospital area was first identifi ed as a potential ar~a of ~hange in Roadmap
Englewood: The 2003 Englewood Comprehensive Plan. In support of that vision the
Commun ity Development Staff, wi th the support or City Council, began to deve lop a small
area planning process centered on the Downtown and Medical District l• ,s in the foll of
2006 . File thousand people were invited to participate as stakeholders: all property
owne rs, business owners and residents within the tw,, original study area districts plus an
additional one block radius beyond those borders. ~ r ree hundred people registered ,.:>
participate and approximately 150 actually attended I •e meetings. At the sta keholder's
meetings Community Development Staff gave a pr, ~tation on the existing issues and
conditions w11hm the two districts and posed a num." of questions to the stakeholders
concerning what types of development they felt were appropriate in the Merf:ral District
From that feedback , Staff developed a vision, goals and objectives tha t Nere then
incorporated into the Small Area Plan docume:it. This policy document went before
Planning Commission in a similar Public He.1rini; process and was recommended for
adoption and approved bl' Resolutton b\· City Council in the spring of 2007. Shor~y after
that Sta Ii began to "ork on an analysis of the existing medical district zo ning in order to
determine whether II was conduc11 e to achieving the vision. goals and objectives that were
found in the policy document Staff determined that the existing zoning was not conducive
to the vision in th e Small Area Plan document Staff then began working on developing
medical district co11cepts for rezon ing the area Once that "as completed, another series of
study sessions \\Ith the Planning and Zoning Commission were held lo explain the
concepts and to make refinements When completed, presentat ions were once again held
with th e stakeholders and the hospital staff. The hospital meetings occurred in September
and October or 2008 and the stakeho lders meet i~gs were on November 12 and 13, 2008.
At the meetings, Staff presented the concepts. The feedback from th e meetings was that
Staff h,1d generally created amendments that were in the spirit of what was In the p.:ilicy
docwnent.
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Pbnnil'!J .;.~ Zon::-:1 CJm."':'➔1,1or. P.bhc H,1.co1 C1~ •10C~--03 :.::J •ZO'\:: :1:'l..01 ~b:, ~ 1009 Pafd oflO Comprehensive Plan Housing Goa l I' I states "Promote a balanced mix of housing opportunities serving the needs of all current and future Englewood citizens•. Supporting that goa l, Small Area Pla n Housing Goal#) stat es "Encourage investments 11 new housing within the Medical Center area". The inspira tion for the Medical Zone and Overlay District Amendments, in terms of housing. comes from The TerrJces at Pennsylvania project. This is a recen~y completed project built bv the Englewood Housing Authority which was forced 10 go through a Planned Unit De,elopment Rezoning process. Staff would like :o allow that
type of development to occur wuhout the rezoning requirement Staff focused on making
the setbacks more fleYible and creating a larger developmen: envelope on a particular
property for more fli>xibility for de-elopment purposes. Also, Staff looked at changing the
way the City regulates the number of residential units on a property. Existing zoning
regulates the number of residential units by land area per unit Staff suggests switching to a
system which would regu late the number of residential units on a development by the
maximum height restrictions and minimum parking requirements . Staff disc instituted a
number of different height zones.~ )me area heights were kept at the current level in order
"l protect the ne ighborhoods to the north and the east. In other areas sou th of the main
hospital campus, Staff created a height zone of 145 feet to encourage a more intensive
residential type development in an arC-d that w:iuld not affect the single-family residential
neighbo rhoods \o 1he north and east. As for landscaping. Staff has transitioned away from a
sub'Jrban residential style to a more urban style .
Mr. Voborll slated he would now be discussing busine.<s goals. Comprehensive Business
Goal /:5 Wtes "Recognize unique characteristics and associated opportunities for
enhancing the value of Engle-.,ood's commercial, industrial and mixed-use districts." In
s•Jµport of this Comprehensive Plan goal Staff has recognized three Small Area Plan
Business Goals. They are:
1. Promo·e the old Himpcte n Co rridor as a fine grained pedestrian oriented
comme:cia l district.
2. Expand opportunities for the recrui tm ent and development of neighborhood
serving busin esses within the Medical Center Dis trict.
3. \Vork closely witn S" edish and Craig Hospnals 10 accommodate facility
expansion in a manner that preser,es ano enhances the quality in liie in
surrounding neighborhoods.
In support of these business goals the folk ;n'! it
Medical Zoning Amendments:
,1ve been 111corporated mto ·!,'
1. For land uses Staii has expanded the area for retail development from the
origina l Old Hampden MU-B-2 corridor to i•,clude the area south of the
medical campus stretching 10 Highway 285 between Logan and Emerso11
Pl;i..,nm11111.! Zllr-,1n;: Corr.mm1 on Pubhc Hc:an-~ C.s, •:OOS· ., lnJ ,zo,:~·01 \t,y l. lOO'l Pl!d OrtO Street Al the same 11me, :,tafr has restricted •' e maximum size of retail per parcel 10 10,00,1 square feet in the spirit oi the small scale retail that "as envisioned in th ~ Small Area Plan Polley document. 2 Hotel use has been added to the entire medical district area in support of the hosp1tah so that families of patients \\ould have a place to stay in the area. 3. New automobile uses have been removed from the corridor in the sp111t of
the Small Area Plan Policy document Existing automobile uses can continue
to operate, but in the future no new automobile uses will be allowed to come
into the district.
4. Setba,ks have been made more flexible, creating a larger building envelope
and more flexi bili ty for developers.
5. Landscaping has transitioned away from a residential suburban style to a
more urban style of ~tandards sim ila r to the MU•B· l and MU·B·2 Districts we
have today.
6. Pedestrian oriented designs have been incorporated Into the Amendme111,
such as bringing the building close to the street (zero and no more than 10
feet away from the property line); creating a more retail frie ndly pedestrian
district and creating the opportunity for sidewalk cafes; forcing the parking to
locate primarily to the rear and side of the building; and also requiring a
certain percentage of windows for first floor retail so that people walking by
can see the activity inside.
Staff recomme11ds to :he Planning and Zoning Commission the fo'lowing motions
concerning CASE #2008-03 ·
l . That residents, property owners, ,nd business owners havii.g µersonal
interests within and one block bt.'Ond the orii;inal Downtown and Medical
District study area boundaries were invited to participate as community
stakeholders in a review of the proposed Medical Zone and Overlay District
concepts.
2 That two staktholder meetings were held on November 12 and 13, ~008 in
order to present proposals for Medical Zone and Overlay District con~epts
based on previous directions given b\' stakeholders dc.cumented in 1~.e goals
and objectives of the Englewood Downtown and Med ical District Small Area
Plan.
3. That t~,e proposed amendments related to the creation of the M· 1 and M·2
Zone Districts and the M·O· 1 and M-O-2 Overlay Districts are conslste11t with
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P .i:-,~1:.k ~~ 2o".,:3j (""!Irr. ,;o~ p.,.1oi_,, H.:.i."".:,I c ... ,:0;;.oi oc.~ •zo,:c,;9.01 M.1'¥5,:C•OI PJ:e~o.flO th~ goals and obje,ti-es or RoJdmap Englewood The 1003 Englewood Compr ehensi, e Plan 4, That the proposed amendments related to the creation oi the "1-1 and \\-2 Zone Distric ts and the ,\\-0-1 and ,\\.Q -2 Overla\ Dis tricts shou ld be adopted as part ofTille 16: Lnii1ed De,eloprnent Code oi the Engle,,ood ,'vlunicipal Code
CASE =ZON2009-01
Mr . \ oboril presented pr oo f oi notii1cation of the Public I I earing published in the
Engle,·, ood Hera ld on April 17, 2009.
The 1' ledical District area was initially identified in Roadmap Englewood: The 2003
Englewood Comprehensive Plan a, a potential area. of change for the City of Englewood. In
<u ppo,i of that vision the City of Englewood Commumt~ Development Department began
a Small Area Planning process in the fall of 2006 with the blessings of Crty Cou ncil. Rve
thousand letters were mailed to all business owners, property owners and residents within
the t., > d,st,'c•s inviting them to part1opate in a series or stakeholders meetings. Three
hundred peo ple regist~r~J to participate and approximately 150 people attended the
meetings. At the stakeholders meetings Staff gave ~ presentati on on exis ting issues and
conditions found in the Medical District area. Stafi then posed d senes of questions to the
stakeholders concerning ih e areas they fe lt were areas of stability and those that were areas
of change. Staff took that feedback and developed the vision, goals, and objectiv es that
were then incorporated into the Small Area Plannin g Policy document 1,hich was the n
brough t br' 1re the Pldnning Commission in a Public Hearing. It 1,as recommended for
app roval to City Counc il and City Cou ncil approved th e do cumen t by Resolution in the
spring of 2007. Soon after that Stafr began to 1, ork on developing a rezoning boundary
area for the medical district
Stafi had originall1 divided tl-ie area rn to six different sub-areas. Stakeholders were as ked to
focus on each sub-area, look at the existing conditions and then comment on "hat areas
the\ felt were approp riate for cha11ge and which areas they d,cl 11ot want to see significan t
change in Staff then developed a series of goals and objec tives for each sub-area. Staff then
used those goals and object,vPs to create the boundaries for the rezoning area Once those
boundaries were develcr1erl Staff held a series of Planning Commission 1tudy sessions
where those boundar '•· discussed and sl ight modifications were made. Once the
bounda ries 1,ere rrnal,zed Stan held public semens ,,1th both the hospitals and . i:h the
stakeho lde rs Ma;>S of the proposed boundaries were displayed and Staff
comments. There were no serious object ions to the bo undar ies.
At t~,s lime, Mr Vobori l stated he "ould like to go over the relauonship between •he Sun-
a rea Goa ls and the Me dical Zone Overlay Distric t boundaries. Sub-areas of ch ange
incl.ided Medical Sub-a reas 1, -l and 6. He referred to a large display mJp se t up for the
Pl.irnu,s ~d Z.>nm, Comm1rnon Public tl•"'•i c,.., •:ooa.03 ,.i •lo-.::cxl'l 01 M,1~ S. 2009 P,s, 60110 Commissioner's rev1~w. All of Sub-Jreas 1 and 4 have been incorporated into the medical rezoning boundary area The majority or Sub-area 6 has also been included In the rezoning boundary area as well Sub-areas J a'ld 5 were identified as partial Sub-areas or change. Medical Sub-area J Goal B states Encourage limited change to Swedish O\\ ned properties immediately adjacent to Girard A,enue·. This area is designated in blue on the map and as M·O· 1 O·,erlay. These properties are owned by Swedish and Craig and the intent was to allow limited change in these properties m support of the main hospital use, but at the same time to limit the encrolchment within the rest of the Sub-area. The boundary was
drawn to include only the first 100 lo 150 feel of that Sub-area. Medical 5Jb-area 5 Goal B
states "Promote Sub-area 5 as an area of change along the Old Hampden Avenue
corridor·. Mr. Voboril pointed out the area on the display map. The stakeholders were very
amenable to change occurring along the Old Hampden Corridor but wanted t o protect the
majority of the residen tial area to the south. For the area they supported, Staff rezoned the
cu rrent MU·B·2 zone as M-2 with the first property immediately to the so uth designated as
M-O·2, as an overlay district that wou ld serve as a transition zone. Maximum height In th is
overlay district would be 32 feet creat ing a nice transition betwee n the business corridor
and the residentia l a rea.
Staff recommends to the Planning Com mission the following motions concerning CASE
#ZON2009·01 :
1. That residents, property owners, and business owners havli1g personal
Interests within and one block beyond the original Downtown and Medical
District study area boundaries wer~ invite d to participate as tommunity
stakeholders in a re11iew of the proposed Medical Zone and Overlciy District
boundaries
2 That two stakeholder meetings were held on November 12 and 13, 2008 i~
order to prese,•t propo,;als for Medical Zone District and Overlay boundaries
b.ised on previoc~ directions given b\ stakeholders documented m the goals
and objectives cf the Englewood Downtown and Medical Dis trict Small .Area
Plan.
3 That the proposal to rezone an area of the City generally bounded by
Southlogan Street. East Girard Avenue, South Lafayette Street, and Little Dry
Creel-, from MU·B·l t-lU-8·2, MU-R-3 -B, PUD, R-2-B, and R-l·C to M-1 and
M·2 Zone Districts, to establish areas in whicr supplemental M-0·1 and M·O·
2 Medica l Overlay District regulations apply and is consistent with the goals
and objectives of Roadmap Englewood: The 2003 Englewood
Comprehe1,sive Plan.
4 That the proposal to rezon~ an area of the City generally bounded by
South.Logan Street, East Girard Avenue, South Lafayette Street. and Little Dry
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• p·~.n1 r.;.ir-dZ,ln;!'l)Cor.:ffl.lh. ri P .. ~i1,; H:Jnr.; c .. c •:X~•OJ ~~ •:!v,:ooti.o; \! .. :' :Jui, P.i,. '10 Creek fr om .\IU-B-1 \\L·B-2 , ,\\U-R-3-6, PLt:'. R-2-B and R-1.C to ,\l-1 and .\J. ~ Zone Districts 10 establish areas in \\h1ch supplemen tal \1-0·1 anJ \'.-0·2 \\ed,cal O,erl3y Dismct regulations appl, and should be adopted as an amendment t the Oiricial Zoning Map oi the Cir, of Englf\sood ,\•r. \ oboril o':·ered to am,er an\ questions the Commission may ha.e. Mr. Rot'i said for the record in Zone District :/3 the Commission had an objective In the
Small Area Pla n which said "Disco,irage further hc,s;:,ital expansion be1 ·ond the current
hospital owned properties north of Girard Avenue•. As noted at the last Planning and
Zoning meeting that objec1 ive has not been met beouse of continuing to allow hospital
use In the MU•R·3·B zone c!istnct. I fe said if I am reading the tables correclly, if someone
,, ere to accumulate 2-1,000 squa re feet ol property north of the M-0-1 zone dist rict they
could build to 60 feet and have a hospital use.
Mr.\ oboril said at this lime tha 1 is cor rect. He stated the pla n, at this time, i: that a Phase II
process would nee d to be done In lhe futur e after these Medical Zone Districts are
ap proved. Regu l~tions for the MU·R-3-B would need to be revis ited an d at that time Staff
would make the necessary change s th at wou ld protect th ose areas fr om encroachme11 t
from hospital campus uses
• Vice Chai r Knoth stated the Commission discussed having separa1e columns fo r J\\-0-1 and
MU-R,; I! Is tha1 going to be done/ Ms Kr ieger stated it was decided to ~eep them in the
same column .
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Mr. Welker said he was glad Mr . Roth brought up the issue of hosp ·al use. He stated he is
comfortable It w,11 be revisited.
Mr. 1,.ing asked Mr . \ obo11I if there are any developers who are currently sining in the
wmgs "ailing lor this change to take place. ~1r. Vobonl said lhere was someone looking at
the northwest corner of Highway 285 and S. Clarkson Street for a hotel l)pe of use
Vice Chair 1'n oth t;1an ked Mr \'oboril for his presentation.
Vice Chair l,.1 ,.:>th asked i\\s. Perry-Smith to come to the podium
PUBLI C TESTIMONY (Both Ca ses)
fl
Ms. Debbie Perr-,•-Smith was S\\ orn in. She thanked the Planning and Zoning Commission
lor the opportunity to speak in favo r of both cases tonight. She stated she and her husband
have been property owne rs In En glewood fo r almos t 20 years. She said they comple ted a
pioneering project I.st year at 960 East Hampden Avenue and really likes the dir ection the
City 1s gomg. Old Hampden is a gateway to Englewood th roug h the Med ical District. She
state d she has been I e r~ much uwolved in this process and allended 1he stakeholder
P 1."V11~1 .ir.~ Z.,ru:·• Cr"'r.~s .. ·~:-. P-b,,, 1'm•J c ... -:oos-oJ :u:d •io,.m.c, \b:, ~. Z009 P,geS orlO meetings since da, one. She said she "ould like to see the Cit\' expand the boundary 1, here the step do wn is allo" ed. That area def111i1ely lends itseli to more projects like 960 East Hampden A,enue She thanked the Commissio n for their tim e f] Welker moved Krieger seconded THE PUBLIC HEARING O\J CASE ~2008-03 Al-:0 CASE ~ZON2009-01 BE CLOSED
AYES:
NAYS:
Knoth, Roth, Welker, King, Krieger, Calonder, Fish
None
ABSTAIN: None
ABSENT · Brick, Bleile
Motion carried.
Q
Krieger moved:
King seconded: CASE #2008-03, AMENDMENTS TO TITLE 16: UNIFIED
DEVELOPMENT (ODE OF THE ENGLEWOOD MUNICIPAL
CODE RELATED TO ESTABLISHING NEW MEDICAL ZONE (M-1
AND M-2) AND MEDICAL OVEKLAY DISTRICTS (M-0-1 A!\:D
M-0-2 ), BE RECOMIIIENDED FOR APPROVAL TO CITY
COUNCIL WITH A FAVORABLE RECOMMENDATION FOR
ADOPTION.
_Vi .e Chair Knoth asked the Commission for comments.
Mr. \-\ elker said this process has involved a lot of work for many years. He said he believes
the Commission 1s do:;ig the right thing Ma\ be the fact that there is not a lot of public here
ton ight means thlt the outreach has been successful and the planning has been good He
commended th e City Staff for that.
Ms. Kneger ad de d that the Commissi o n is probably mov ing in the right direct: Jn. She said it
is particularly gra1ify111g to see how fauhfully Mr. Voboril has worked with t,. issue and to
make sure the Commission followed the Comprehensive Plan inittally to get : 11? Small Area
Plan into this form . She said that's awesome and that's the way 1t is suppose u ,, ork.
Mr. Welker said he would like to add to Mr Roth's comment: we st,11 have some issues to
work en. One of them is establisl11ng sorne protection between the Overlay Districts and
the res identtal districts th~t they are a part of. The bigger concern Is parking regulations,
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which the Comm is sion has not resolved even though we ha ve discussed and sturlied It a1 •
se,eral study sessions. Further discussion 1s needed regar ding parking and landscapi,,g.
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19:.mi:J .n.!Zont:-. c \j --,m :t-!1 P-.. ,i1c H~ir::-t Cuc ;i •oos-0; ~d •ZO~~00'.>·01 MJ)' 5 . :OO'l P:ige 9 ;:" tr Mr.~ sh said he has 11\ed in the area for~, years and ,.alked the str, ,s ma,1) many times, most:y for pleasure. He s:ate d he is e xcited to see these zoning change~ take place beca use he feels the a rea has stagnated in some areas This \VIII pro\ide the opportunil) for developrtent along the right tracks ~1e feels II is in line "nil what the C11y wants to do and we need to stimulate development In tha: area
Mr. \Ve l~er stated II is a goal of his to create new life in that area and some .iability One of
the reasons the Commission has not been able to deal \~ith the parking is•ue \ et 1s that we
do not wan t to inhibit de, elopmen t there, but structur? it in such a way tnat it can be
successful and not destrO\' those thi ngs tha t need to be maintd ined in th e sur ro und in g area.
AYES ·
NAYS:
A BSTAlr❖
ABSE,\JT.
Knoth, Roth, Welker, Kmg. Calonder. Krieger r h
\Jone
None
Brick. Bleile
Mr. Roth voted yes, but wan ted to express that the Commission needs to see the missing
issues 1001,N rather than la te r.
Motion carried .
Fish moved:
Roth seconded: CASE #ZON2009-0I, AMENDMENTS TO THE OFFICIAL
ZONINC MAP TO REZONE A'J AREA OF THE CITY
GENERALLY BOUNDED BY SOUTH LOGAN STREET, EAST
GIRAR/"I AVENUE, SOUTH LAFAYETTE STREET A/1.D LITTLE DRY
CREEK FROM MU•B•I, MU-B-2, MU-R -3-B, PUD, R-2-B AND R-1·
C ZONE DISTRICTS TO M-1 AND M·2 ZONE DISTRICTS AND
TO ESTABLISH AREAS l,'i WHICH SUPPLEMENTAL M-0-1 AND
M-0-2 MEDICAL OVERLAY CISTRICT REGULATIONS APPLY, BE
f:.ECOMME"DED FOR APPROVAL TO CITY COUNCIL WITH A
FAVORABLE RECOMMENDATION F0~ ADOPTION.
Vice Cha,r Knoth asked ,f there v. a; an} discussion. There was not The Vice Chair called
fo r a vote
AYES:
NAYS:
ABSTAIN
ABSE\JT:
Knoth, Roth. '.Velker, King. Calonder, 1'rieger, F;;h
:-:one
None
Brick, Bleile
,v.otion , 1med .
Pl~n1ni 1nd Zun'.:O:) Co-:.m1u-... Public H,..r:nJ C~'.t •WOS-03 ,1.,,1o lf/tJ\:1C)"J9 01 ,1., l. lOO'I P.;, IO•f 10 ,\'.s. l<rieger lnJnked \Ir \ ?bonl for a!I his hard \\Ork. hes done an e,cellent jc,b a 0 d real!\' ,,as r~sponsi,e to tne Commission·s concerns and the stakeholders concerns I 1e r~.1111 tried to m~ke sure that Stan mel e,e11011e·s \Jl)mg ideas oi "hat should happen as best he could. As ~\r Welker sa:d. the Comm11s1on has \\orked long and h.ird on this issue and appreciates th,ngs being carried t'1rough . She said in her tnr.e on the Commission she has seen numerous pl.ms come fomard, bu1 "e ne,e• get to the 1mplem~nta:ion strategies. It is re1lly wonderful to see that happening She said kudos to i\\r_ Voboril and Director \\hite ior keeping the priori tie~ m pl,1ce ,\ Ir King seconded that
IV. PUBLIC FORUM
Q
There was nothing rurther to report.
V. DIRECTOR'S CHOICE
01 Director White congratulated Mr. Vobo ril and the Co mmiss io n o n a job well done.
VI. STAFF'S CHOICE
Q Directo r White noted th e next meeting will be held on May 19, 2009 and the
Commission ½ill continue the landscapi 11 g amendme nts dis(uss ion.
VII. ATTORNrrs CMOICE
Q Ms. Reid had nothing to report
VIII. COMMISSIONER 'S CHOICE
Q The Commissioners had nothing further to report
The meeting adJoumed at 7'.5 l p m.
~~&a~
Barbara Krecklo,~ecord1ng Secretar\
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CITY OF ENGLEWOOD PLANNI NG AND ZONI NG COMMISS ION IN THE MATTER OF CASE #2008-03, FINDIN GS OF FACT, CONCLUSIONS AND RECOMMENDATIONS RELATI NG TO THE UNIFIED DEVELOPMENT CODE AMENDMENTS FOR ESTABLISH ING NEW MEDICAL ZONE ANO MEDICAL
OVE RLAY DISTRICT REGULATIONS
INITI ATED BY:
COMMUN ITY DEVELOPM ENT
DEPARTMENT
1000 ENG LEWOOD PAR KWAY
ENG LEWOOD, CO 801 10
FINDINGS OF FACT ANO CONCLUS IONS OF THE CITY PLANNING AND ZONING COMM ISSION
Co mmission Memucrs Present: Kri eger, Calender, Fis h, Ki ng, Knoth, Roth, Welker,
Kinton
Commission Members Absent: Bri ck, Bleile
This matter 11 as heard before the Cit\' Planning and Zoning Commission on May 5, 2009 111
the City Council Chambers or the Englewood Civic Cen ter.
Testimony II as recc11 ed from stafi and the public. The Commission received notice of
Public 1-teanng. the Staff Report, and a copy of the proposed amendments to Title 16
Unified De, elopment Code which were incorporated into and made a part of the record of
the Public Hearing.
After considering th!' statements oi the 11itne,ses, and reviewing the pertinent documents,
the members or the Cit) Plann111g and Zoning Commission made the following Findings
and Conclusions
FINDINGS OF FACT
I. 1 HAT th e Public HeJnng on the Unified Development Code Amendment s fo1
est,1bhshing new Medical Zone ,rnd Medical Overlay District Regulations w,1s
brough t before th e Pla1111ing Commissio n by the Department cl Com111unlty
Development, a department of th e Ci ty of Englewood .
2. THAT nouce of the Pub lic Hearing .,as published 111 the Englewood Ht!r.1/d on -\pnl 17, 2009. 3. THAT residents, propem owners, and business owne rs having persona l in terests within and one block beyond the original Do" ntown and Medical District study area boundaries were im 11ed to participate as commumty stakeholders m a re, ie\\ of the proposed Me-iical Zone and Overlay District concepts. 4. THAT tw o stakeholder ,neetings were held on November 12 and 13, 2008 in o rder
to present proposa ls for Medical Zone and Overlay district concepts based on
previous directions given by stakeholders documented in the goals and objecti, es of
the Englewood Downto\\ n and Medical District Small Area Plan.
5. TH AT the pr oposed amendmen ts re lated to the creation of the M -1 and M-2 Zone
Districts and the M-0-1 and M -0 -2 Overlay Districts are consis tent ,,ith the goals
and objectives of Roadmap Englewood : The 2003 Englewood Comprehensive Plan.
6. THAT the proposed Amendme nts re lated to the crea tion of the M-1 and M-2 Zone
Districts and the M·0· 1 and M-0-2 Overl ay Districts shou ld be adopted as pa rt of
Titl e 16: Unified Development Code of the Englewood Municipal Code.
CONCLUS IONS
1. TH AT the Public Hearing ot' the Unified Development Code Housekeeping
Amendments was brought before the Planning Commission b)' the Department of
Community Developmen~ a d~partment of the City of Englewood.
2. THAT no ti ce of the Pu blic Hearing was published in the Englewood Hera ld on Ap ri l
17, 2009.
J. THAT all testimony received from staff members and the public has been made part
of the record of the Public Hearing
4. TH AT residents, property owners, and business owners having persona l interests
'"thin and one block beyond the original Downtown and Medical Distnct study
area boundaries parti cipated as community stakeholders in a review of the
p roposed Medical Zone and Overlay D1s1r1ct co ncepts.
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5, THAT t\\0 Stdkeholder meet111gs were held on r--o,cmber I~ ,ind 13, 2008 111 order to present prop0>.1ls 1or Medical Zone and O\'erl,11· district concept, ba,ed 011 pre, ious directions 8" en b, stakeholders documented m the goals and object" es of the [nglewood Do\\ ntown and Medical District Small Area Pl~n. 6. THAT the proposed amendments related to the creauon of the M-1 and M-1 Zone Districts and the 1\1-0-1 and M-O-2 Overlal' Districts are consistent with the goa ls and objecti, es of Roadmap Englewood: The 2003 Englewood Comprehensi, e Plan.
7. TH AT the proposed Amendments related to the creation of the M-1 and M-2 Zone
D1s1ricts and the M-O-1 and M-O-2 Overla1 Districts should be adopted as part of
Til le t 6: Unified Developmen t Code of the Englewood Municipal Code.
DEC ISION
THEREFORE, it 1s the decision of the City Planning and Zoning Commission that Case
#2008-03 Un ified Development Code Amendments for estJblishing new Medical Zone and
Medical Overlay District Regulauons should be referred to the City Council with a
favorable recommendation.
The decision was reached upon a , ote on a mouon made at the meeting of the Cit)
Planning and Zoning Commission on May 5, 2009, by Ms. Krieger, seconded by Mr. !.;ing.
which motion states:
AYES:
NAYS,
ABSTAIN:
ABSE~T·
CASE #2008-03 AMENDMENTS TO TITLE 16: UNIFIED DEVELOPMENT
CODE OF THI ENGLEWOOD MUNICIPAL CODE RELATED TO
ESTABLISHl,G NEW MEDICAL ZONE (,\1-1 ANO M-2) ,',.NO \IEOICAL
OVERLAY DISTRICTS (M-0-1 AND M-0-2/. BE RECOMMENDED FOR
APPROVAL TO CITY COUNCIL WITH A FAVORABLE
RECO,\l\1E,,OATIOs FOR ADOPTION
Fish. Knoth, Roth, Welker, King. Calonder, Krieger
None
/\!one
Brick. Bleile
Motion CJrried .
Thtsc Fi11d111gs and Co11clus1ons are eiiecl"e JS of 1he meeting on ,\lJy 5, 2009. • BY ORDER OF THE CITY PLANN ING & ZONING COMM ISSION ~
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ORDl'-ANCE NO SERIES OF 1009 BY ,\L I IIURI I\' COLJ:\CII BIi I '-0 ~6 11\'TRODLIC"H) UY COl!!l:CII ME~1Bl2R _____ _ A 1311.1 FOR A.\J ORDINANCE AMENDLI\/G THE ··OFFIC:lt\l LONE DISTRICT MAP"" OF-TIIF CITY OF E>:GLEWOOD. COLORADO
WIIEREAS.1he Englewood C1Ly Council chose 10 make econom ic dc,clopmcnt a 1C1p Council
gonl m 2006: and
WHEREAS, 1hc Englewood C1Ly Council hos approved a rc20ning or 1hc Medical Zone and
o,·crlay DlsuiCLs in 1hc immedia1c vicinuy or S"·edish Medical Cen1cr and Craig Hospual: and
WHEREAS. lhc amendment to the Official Zoning Map is ncroed to 1mplcmcn1 the rc1.0mng or
1he Medical Dis1ric1 Arca 10 the newly developed M-1, M-1, and Mixed Use Medical Overlay
Districts: and
WIIEREAS. Lie Englc\\·ood PlMning and Zoning recommend,~! approval of1his nmcndmc111 10
the Official Zoning Map al ils May 5, 2009 Mccung;
NOW, THEREFORE. BE IT ORDAINED BY TIIE CITY COUNCIi OFTllE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
~-The Chy Counc:I or the City of Englewood. Colorado hereby authorizes amendi ng
1he Official Zone Dis1ric1 Map 10 re0ecl 1hc rclOning of 1hc Me.li en! 7.onc and Overlay Districts.
That map as amended is attachod hereto as Exhibit A.
~ Safctv Clauses The City Council hereby finds, dclcrmmcs, and declares that 1h1>
Ordinance 1s promulga1cd under lhe general police power of1hc Cuy of Englewood, 1h01 111s
promulgated for the hcahh. safety, and welfare of the public. and 1lm1 1his Ordinance is necessary
for 1hc preservation ofhcn hh nnd safety nnd for the pro 1cc1ion of publ ic convenience and
wdfore, The Ci1 y Counci l funher dctennines 11101 1hc Ordinance bears n rntionol relation 10 1hc
proper legislative object sought 10 be obtained.
~ ScvcrabihlY, If any clause. scn1cncc, paml!J"'lph. or p:in ohhis Ordmance or 1hc
npphcnuon thereof 10 ony person or circumstances shall for any rca'llln be adjudged by a coun of
compc1cn1 jurisdiction mvalid, such Judgment shall 1101 offcct. impair or invnlidate the rcmmndcr
or'this Ordmancc or ii npplicn1i011 lo 01hcr persons or circuntstnnc,·s.
~ lnconsis1cm OrdjnanC\'<. All other Ord inances or pnnions 1hereof inconsis1c111 or
con01c1ing w11h this Ordin.,ncc or ,my ponion hereof are hereby repc.1lc-d 10 the ex1cn1 of such
mcons1s1cncy or con01c1 .
Scrnon 5, l-lTf"l of repeal or mothficn1jnn. The rc'Jlcal or mochfica1ion of ,my pro\'ision of • the rode of the Cny of Englewood b)• 1h1s Ordinance shall not release. cxunguish. alter. modify. or change in whole or in pan nny penalty. forfeiture. or liabilny, either civil or criminal. which shnll have bce11 i11 curred under such prol'ision, and cnch provision sha ll be 1rca1cd and held ns sull remaining in force for the pWJlOSCS of sustruning any and all proper ac1ion.1. suits, proceedings. and prosecu11ons for the cnforcemcru of the penalty. forfeiture. or lmbili1y, as well as for the purpose of sustaining any Judgment. decree, or order which can or mny be rendered. c111crcd, or made in such actions, suits, proceedings, or prosecutions . ~ ~ Th< Penalty Pro,ision of Seel ion I -4-1 EMC shall appl>• 10 each and
t\'Cry ,,olation of this Ordinance.
lmroduced. rend in full, and passed on first reading on the I s1 day of June ~009.
Published as a Bill for an Ordinance in the Ci1y·s official newspaper on the s• day of June. 2009.
Publisl :,' r,s a Bill for an Ordinance on the City's official website beginning on the 3"° day of
June, 20" .Jr 1h1ny (30) days.
James K. Woodward. M.ayor
ATTEST:
Loucrishia A. Ellis. City Clerk
I. Loucrishia A. Elhs. City Clerk of the Cny of Englewood. Colorado. hereby ccnify 1ha1 the
abo1-c and foregoing is a true copy of a B111 for an Ordinance. introduced, read in full. and passed on
fir,1 rending on the ISi day of June, 2009.
Loucnshia A Ellis
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Zon e Di strict M-1 That part or the SE quarter or Section 34 and the SW quarter or Section 35, Township 4 South, Range 68 West or the 6th P.M., sltu3ted within the City or Englewood, Arapahoe County, Colorado, more particularly described as follows: BEGINNING at the intersection of the centerlines or South Logan Street and East Girard Avenue; thence southerly along the centerline of South Logan Street a distance of 530 feet to the extended south line of Lot 20, Block 5, West View Addition; thence easterly along said extended line to the centerline or the alley In Block S, West View Mdltion; thence
southerly along said alley centerline, and the extension thereof, to the south line or Section
34; thence easterly along said section line to the southeast corner of Section 34, also being
the southwest corner of Section 35; thence continuing easterly along the south line or
Sect ion 35 to the extended centerll,,e of the alley (now vacated) In Bl ock 45, Evanston
Broadway Addition; thence northerly along said alley centerline to the extended south line
of Lot 31, Block 45, Evanston Broadway Add ition; thence easterly along said extended line
to the centerline of South Emerson Street; thence southerly along the centerline or South
Emerson Street a d istance of 58 feet to a line parallel with the south line of Section 35, lying
122 feet northerly therefrom; thence easterly alcng said parallel line a distance or 652 feet,
across Blocks 46 2nd 47, Evanston Broadway Addition, to the centerline of South Co rona
Street; thence northerly along the centerline of South Corona Street a distance of 8 feet to
the extended south line of Lot 20, Block 48, Evanston Broadway Add ition; thence easterly
along said extended line to the centerline of the alley In Block 48, Evanston Broadway
Addition; thence northerly along said alley centerline to the extended south line of Lot 31,
Block 48, Evanston Broadway Addition; thence easterly along said extended line to the
centerline of South Downing Street; thence southerly along the centerline of South
Downing Street to the ext ended south line of Lot 19, Block 49, Evanston Broadway
Addition; thence easterly along said extended line to the centerline or the alley In Block 49,
Evanston Broadway Addition; thence southerly along said alley centerline to the extended
south line of Lot 29, Block 49, Evanston Br'llldway Addition; thence easterly along said
extended line, also being the south lines and extensions of: Lots 20 & 29, Block SO,
Evanston Broadway Addition, a distance of 489 feet to the centerline of South Lafayette
Street ; thence northerly along the centerline of Sou t h Lafayette Street to the centerline or
East Girard Avenue; thence westerly along the centerline of East Girard Avenue to the Point
of Beginning.
TOGETHER with that part of the NE quarter of Section 3, Township S South, Range 68 West
of the 6th P.M., situated within the City of Englewood, Arapahoe County, Colorado, more
particularly descri bed as follows:
BEGINNING at the Intersection of the centerlines of U.S. Highway 285 and South
Pennsylvania Street; thence easterly along the centerline of U.S. Highway 285 to the
extended east line of the west half of Block 8, Higgins Englewood Gardens; thence
southerly along said extended line to a line parallel with the south line of said Block 8, lying
15 feet southerly therefrom; thence easterly along said parallel line to the east line of
Section 3; thence southerly along said section line a distance or 15 feet to the northeast
corner of the South hair or the NE quarter of Section 3; thence continuing southerly along
Page I ol6
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the east line of Section 3 a distance of 2 55 feet, more or less; thence westerly a distance of 55 feet to a point on the north line of Lot 4, Sandra's Subdivision; thence northwesterly along the north line of Lot 4 a distance of 54.07 feet to an angle point; thence continuing northwesterly along the north line of Lot 4 a distance of 55. 92 reet to the northwest corner of said Lot; thence continuing northwesterly along the north lines of Lots 3, 2, and 1, to the northwest corner of Lot 1, Sandra's Subdivision; thence continuing northwesterly to the southeast corner of Lot 25, Block 6, Hi ggins Englewood Gardens; thence westerly along the south line of Lot 25 a distance of 54.08 Feet; thence northwesterly to the northwest corner of said Lot 25; thence continuing northwesterly to a point on the centerline or South
Pennsylvania Street; thence northerly along the centerline or South Pennsylvania Street a
distance or i.6.86 feet to the extended north line or Lot 28, Block, 5, Higgins Englewood
Gardens; thence continuing northerly along the centerline of South Pennsylvania Street to
the Point of Beginning.
Page 2 of 6
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Zone District M-2 That part of the SE quarter of Section 34 and the SW quarter of Section 35, Township 4 South, Range 68 West of the 6th P.M., the NE quarter of Section 3 and the NW quarter or Section 2, Township 5 South, Range 68 West of the 6th P.M., situated within the Ci ty or Englewood, Arapahoe County, Colorado, more particularly described as follows: COMMENCING at the Intersection of the centerlines of South Logan Street and East Girard Avenue; thence southerly along the cenrerllne of South L:igan Street a distance of 530 feet to the extended south line of Lot 20, Block 5, West View Addition, and t he TRUE POINT OF BEGINNING; thence easterly along said extended line to the centerline of the alley In Block
5, West View Add it ion; thence southerly along said alley centerline, and the extension
thereof, to the south line of Section 34; thence easterly along said section line to the
southeast corner of Section 34, also being the southwest corner of Section 35; thence
continuing easterly along the south line of Section 35 to the extended centerline of the alley
(now vacated) In Block 45, Evanston Broadway Addition; thence northerly along said alley
centerline to the extended south line of Lot 31, Block 45, Evanston Broadway Addition;
tt,ence easterly along said extended line to the centerline of South Emerson Street; thence
southerly along the centerline of South Emerson Street a distance of 58 feet to a line
parallel with the south line of Section 35, lying 122 feet northerly therefrom; thence
easterly along said parallel line a di stance of 652 feet, across Bl ocks 46 and 47, Evanston
Broadway Addition, to the centerline of South Corona Street: thence northerly along the
centerline of South Corona Street a dlsta,nce of 8 feet to the extended south llne of Lot 20,
Block 48, Evanston Broadway Addition; thence easterly along said extended line to the
centerline of the alley In Block 48, Evanston Broadway Addition; thence northerly along
said alley centerline t o the extended south line of Lot 31, Block 48, Evanston Broadway
Addition; thence easterly along said extended line to the centerline of South Downing
Street; thence southerly along the centerline of South Downing Street to the extended
south line of Lot 19, Block 49, Evanston Broadway Addition; thence easterly along said
extended line to the centerline of the alley In Block 49, Evanston Broadway AdditJon;
thence southerly along said alley centerline to the extended south line or Lot 29, Block 49,
Evanston Broadway Addition; thence easterly al ong said extended line, also being the south
lines and extensions of: Lots 20 & 29, Block SO, Evanston Broadway Addition, a distance of
489 feet to the centerline of South Lafayette Street; thence southerly along the centerline
or South Lafayette Street, and the extension thereof, to the south line of Section 35;
thence easterly along said section line a distance of 9.5 feet, more or less, to t he extended
centerline of the right-of-way between Tracts 2 a nd 3, Verona Place, also known as South
Lafayette Street; thence southerly along the extended centerline of the aforesaid right-of-
way to the centerline of U.S . Highway 285; thence southwe sterly along the centerline of
U.S. Highway 285 to the east line of the west half of Tract 3, Verona Place, also being a
pol~t on the east line of Jones Subdivision; thence northerly along said east line of said
subdivision to the northeast corner of Lot 3, Jones Subdivision; thence westerly al ong the
north line of Lot 3, and the extension thereof, to the centerline of South Marlon Street;
thence southerly along the centerline of South Marlon Street to the extended centerline of
the east-west alley In Block l, Yaeger's Subdivision of Verona Place; thence westerly along
said extended alley centerline to the centerline of South Downing Street; thence southerly
along the centerline of South Downing Street to the extended south line of Lot 44, Block 1,
Page 3 ol 6
Hlggms South Broadway Helghts; thence westerly along sa i d extended line to the centerline of the alley In Block 1, Higgins South Broadway Heights; thence northerly along said alley centerline to a line parallel with the north line of Section 2, lying 130 feet southerly therefrom; thence westerly along said parallel line, also being t he north lines and extensions of: Lot 5, Block l, Lots 46 & 5, Block 2, and Lots 46 & 5, Block 3, Higgi ns South Broadway Heights, a distance of 815 feet to the centerline of South Emerson Street; then ce southerly along the centerline or South Emerson Street, and the extension thereof, t o the south line or the North half of the NW quarter of the NW quarter of Section 2; thence westerly along said south line of the North half of the NW quarter of the NW quarter of
Section 2 to the southwest corner thereof, also a being a point on the west line or Section 2
and the east line of Section 3; thence southerly along said east line of Section 3 t o a line
parallel w ith the south line of Blodc 8 , Higgins Engl ewood Gardens, lying 1 S feet southerly
therefrom; thence westerly along sa id parallel line to the extended east line or the west
half of Block 8, Higgi ns Englewood Gardens; thence northerly along said extended line to
the centerline of U.S. Highway 285; thence westerly along the centerline of U.S. lilghway
285 to the centerline of South Pennsylvania Street; t hence southerly along the centerline or
South Pennsylvania Street to the extended north line of Lot 28, Block 5, Higgins Englewood
Gardens; thence continuing southerly along the centerline of South Pennsylvania Street, a
distance of 16.86 feet to a point; thence northwesterly to a point on the east line or Lot 28,
Block 5, Higgins Englewood Gardens, from which the northeast corner or said Lot bears
northerly 5.72 reet; thence continuing northwesterly to a point on the west line o f Lot 30,
Block 5, Higgins Englewood Gardens, from which the northwest corner of sai d Lot bears
northerly 5.57 feet; thence westerly to the centerline of t he alley In Block S, Higgins
Englewood Gardens; thence northerly along sa id alley centerline a distance or 5.57 feet to
the extended south line or Lot 18, Block 5, Higgins Eng lewood Gard ens; thence westerly
along said extended line t o the centerline or South Logan Street; thenca, northerly al ong
the centerlrne of South Logan Street to the Poi nt of Beginning.
Pl,ge4ot6
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Over lay District M·0· 1 That part of the SE quarter of Section 34 and the SW quarter of Section 35, Township 4 Sout h, Range 68 West or the 6th P.M., situated within the Ci ty of Englewood, Arapahoe County, Colorado, more particularly described as follows: BEGINNING at the Intersection of the centerlines of South Peart Street and East Girard Avenue; thence northerly along the centerline of South Peart Street to the extended north line or Lot 22, Block 2, West View Addition; thence easterly along said extended line, also being the north lines and extensions of: Lot 29, Block 2, and Lots 22 & 29, Block 1, West
View Addition, a distance of 652 feet to the centerline of South Clar1<son Street; thence
northerly along the centerline or South Oarkson Street to the extended north line or Lot 19,
Block 44, Evanston Broadway Addition; thence easterly a lona said e>etended line to the
centerline or the alley In Block 44, Evanston Broadway Addition; thence southerly along
sai d alley centerli ne, and the extension thereof, to the centerline of East Girard Avenue;
thence westerly along the cent erline of East Girard Avenue to the Point ot Beginning .
Pages or 6
Overlay District M-0 -2 That part or the NW quarter or Section 2, Township 5 South, Range 68 West or the 6th P.M., si tuated within the City of Englewood, Arapahoe County, Colorado, morP. particularly described as follows: BEGINNING at the Intersection or the centerhne or South Emerson Street and a line paral!el with the north line of Section 2, lying 130 feet southerly ttlerefrom; thence easterly along said parallel line, also being the north lines and extensions of: Lots S & 46, Block 3, Lots S & 46, Block 2, and Lot 5, Block 1, Higgins South Broadway Heights, a distance '815 feet to
the centerline or the alley In Block 1, Hi ggins South Broadway Heights; thence southerly
along said alley centerline a distance or 75 feet to the extended south line or Lot 7, Block 1,
Higgins South Broadway Heights; thence westerly along said extended line to the centerline
or South Corona Street; thence northerly along the centerline of South Corona Street a
distance or 25 reet to a line parallel with the north line of Section 2, lying 180 reet southerly
thererrom; thence westerly along said parallel line, also being the south lines and
extensions of: Lots 45 & 6, Block 2, and Lots 45 & 6, Block 3, Higgins South Broadway
Heights, a distance or 652 feet to the centerline of South Eme rson Street ; thence northerly
along t he centerline or South Emerson Street to the Point of Beginning.
TOGETHER with that part of t he NW quarter of Section 21 Tow nship 5 So uth, Range 68 West
or the 6th P.M., situated within the City of Englewood, Arapahoe County, Colorado, more
particularly described as follows:
BEGINNING at the Intersection of the centerline of South Downing Street with the extended
centerline or the east-west alley In Block 1, Yaeger's Subdivision or Verona Place; thence
easterly along said alley centerline to the centerline of South Marlon Street; thence
northerly along the centerline of South Marion Street to the extended north line of Lot 3,
Jones Subdivision; thence easterly along said extended line to the northeast corner of Lot
3, also being a point on the east line of the west half of Tract 3, Verona PlacP; thence
southeriy along the east line of Lot 3 to the southea~t comer or said Lot; tt.~nce westerly
along the south line or the afcresald Lot 3, and the extension thereof, to the centerline of
South Marlon Street; thence southerly along the centerline of South Marlon Street to the
extended south line of Lot 27, Block 1, Yaeger's Subdivision of '✓erona Place; thence
westerly along said extended line, also being the ext ended south line of Lot 14, Block l,
Yaegcr's Subdivision of Verona Place, to the centerline or South Downlr,g Street; thence
north1:rly along the centerline or South DoNnlng Street to the Point of Beginning.
Page 6 ol 6
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CO UNCIL COMMUN ICATION D,,te: A~end,1 Item: Subject: )Im,• I , .!UO'• II ,111 l h, ••II'"-' At;rt"t--Olt·nl and C.,r,\fl1 nl Tt+ltll>Oritf) Con~lruclmn [a~t1'mt•nl tor 28<}() Scmth tfar"\011 c;l(t"l'I tum-out gall .. Initiated By: I Staff Source :
U1,ht11'\ D1•p,111nwn1 Stl'\,,irl Fonda. Dire< tor 01 lluhu,-,
COUNC IL COAL AND PREVIOUS COUNCIL ACTION
In "lo,cmbcr 1003. Council ,lpproved a Ucense Agreemen l and Tempor.uy Constructi o,1 Easemenl
10 encroach u\lo En sJewoc,J's Dut h ea1eme111 a l 1890 South Clarkson Stree t.
Al tlw December I 'l, W08 nwl'ling, Council approved a license agree men l, , onstruulrm
ease ment, access agrec111et1I and righ1•of,way to allow a si, ioot fem.e at1d re1,1l11lng wall in th e City
Ditt h rlgh1-of·11.iy .
RECOMMENDED ACTION
Th~ fni;lewood Watc, and Se,H•r 81>,ird .ll their April 14, 1008 meet ing. recommenci,•d Cc ,ndl
.,pproH~ a lltcnsl_. agn•cnumt ,,nd c..on~t,utllon easem~n t (or .1 tu rn-out gate m Englf?\YOod\ Cuy
011'-h P,l)emc•nt
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDE NTIFIED
Mr and Mrs. l,•111h BrJy ,11 ~890 South CI.Jrboo S1reel ,ue planmng lo mslall a lum•oul g.Jlt' lur
po1t•n11,1I d,1d1 w,th•r 111 rn.• puoclo,1,ed from lht' Denver Wa1er IJt•p.u1mcn1 anoss ,md ,1dj,1c c•III In
lht' Cot-, IJot<h row,1<1!\\,I\ In ,.,d,•r 10 Jtcon1plhh llus ,1 conslnoctoon ras~menl anti htcnw
agrel'll1en1 woll he ll'<llllll'd. A 1m·lmunal)' dra,\lng is a llached lo the licen,e ,1wc•enwn1 \\llh ,1 fin,11
l·ll!lJllf.'f.'('.\ drJ\\1111\ tu lw Jll,1dwd .1l1er n>ns1ruc111m ,ind fin,ll StH'W).
The LKem,,,. e,prt•»l1 amu11e, holl ,md ,1r,u h.1bol1ty for ,111y and all d,1mages of C\\'I)' n.1t11rc 111
person nr JlrllP!'I IY c ,llf1rd hy llll' poioot or points where the lk.enset' 1wr1orms .my work In
w nnettlrn1 wllh 1111' 1•nvu,1tlmw111 11110 th e City O,tch nghl•of•\>ay pro,idcd hy the tic t'n1ee. Tiw
C,11 rc•;crws th e n1!1 11 111 m,1l1• /,,II u,e ul the propl'rl\' neccssar,· "' 1he 11pera1i11n or the c ,11 l)ilch,
intlud 1ng dw tOfW~Y1llltt' c,f ,11mmv.1 ter ru r1nff.
FI NANCIAi. i MPACT
• N(111e.
LI T OF ATTA HME T \\,u,•, $. S,•\\1'1 Bo.ml M1111111~ "' Ap,d ,~ •• IK 8111101 Otdm,1111 ,. •
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\\' \ 11 R '. '-ll !-.I \\l ·R BO \RD \11'1 IE!-.
The ml'Cllll).: ll'JS calktl 10 order al 5:03 p.m.
~!ember.. prc ·cn1 :
~ 1cm hc rs ah sc111 :
Also JlfCSC II I:
Bums. Moore, Cassidy, Wiggins,
Woodward. Habcnichl. Hi gday, Oallcy
Clark
, 1cwarl Fonda , Dircclor of Utiht 1cs
I. MINUTE' 0 1• T Iii: MARC'll 10. 2009 MEETING.
The Englc11ood W.1tcr und Sewer Bo:1rd rcccivL-d a copyof1hc minu te of 1hc MJrch 10,
~0(19 mcc1in1,1
\Ir \\'1i;i:111~ moHd ,
\Ir llnhcmcht ccondL-d :
!cmhcrs uhsc111.
~!01m11 c:1r11c d
~I r (,ray C'!u,l cntcrccl 1115 :10 p.111 ,
Io appro,c the m•nutcs of 1hc MJrch to.
100'1 \\'atcr and ewer 8(>ard mcct111g .
loorc, Cas idy. Wiggins. \\'O(l<lward.
llabcmdu. lligday, Oakley
~RO:-.. I -I \;I) J OADL'.R l'I 'Rl'I IASI· l'hc propos.11 1s lo purcha~c is for a K01 MA l'SU \\' A200hh Fmnl Wheel l.oadcr lo replace 1he 11)1)5 \'oho L-500 Front 1.oa,ler Unit Il l 330 The loJ,kr is used primarily for 111ov111g alum sludge from 1l1c bclt prcss 10 1hc stockpiling area. It 1s .ilsl\ 11,cd for ri1y Ditch repairs, \110\\ remft, al. yJrd maintenance, handling materials such as rock, m:ddmg materials and pallets and to provide a linish grade on trenching and excavation~. ·niis purchase will replace the existing 14-ycar old front loader under the n .:RF
rL'1)lacemcnt schedule. This uni1 is being replaced one year earlier than its nom111I
replacement date aflcr bccomtng inoperable during n Parks Dcpanmcnt project
Englewood received s.:,·en bids. The lo\\cst, acceptable bid was received from Power
Mo1ive Corp. in lhe amounl of $95,468.19 plus $3,130 for u fork for a 101al bid of
S98.598 .19. Funds arc available through the CERF Program with addilional money from
the U1ilities Dcpanmcnl (SS,000) and the Park Department ($5,000).
Discussed ensued regarding equipment lending policies among Cuy of Englewood
departments. Mr. Fonda noted U1a1 he has had discussions wi th the Director of the Parks
Department regarding this incident and what procedures would be put in place 10 prevent
future problems.
Mr. Clurk moved;
Mr. Cassidy seconded;
Ayes:
Nays:
Members ahsc1u-
Motion cam~-d .
To r~-commend Council approval of the
purchase of a KOTMATSU WA200-6 front
Wheel Loader with an optional for!. from
Power Motive Corpora1ion in the amount of
S'>B.598.19.
Moore, Clark, Cassidy, Wiggins.
Woodw;ird. llubcnicht. I hg<lay, Oakley
None
None
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uc1::-;s1: & II \II' co,s IIH ( 110\ 1-.A~f:t\lE:'s'"I l'UR I l R\ Ol I (, \11 l'OR 289() S C"L•\RKso, SI A co11s1ruc1io11 ease111c111 a11d licc11,c a~1cc111c11111:rs sub111111cd hy Mr aml r-.lr,. flm} .ii JS90 S. Clarkson S1rcct 10 i11s1all a 1um-o u1 gate fo r potc111i:1I ditch \\,1tcr 10 he purc h:1,ccl from 1hc Denver Wawr Dc pa nmcnt. The 111111-0111 gatl· would he rons1ruc1cd 11c1·oss aml ad1acc11t lo 1hc Ci1y Di1ch right -or-way . A final c11gi necr's drawing will he :nwchcd af'lcr construction and final sun cy. Mr. Fon.Ju explained the cx is1ing recrrc,i1111i.1n sys1cm and 1he use of duch rights in the City Di1eh nonh or I lampden.
l\lr. Bums moved;
l\1r llabemcht sccomlcd:
Ayes :
Nays :
Members ahscnt:
To recommend Council appro1•al of the
license agreement and construction cascmcnl
for a tum-out gate in Englewood's Crly
Ditch casement at 2890 S. Clarkson St.
13ums. Clark. Hi gday, Mo ore, Cassidy,
Wi ggi ns, Woodward, Habenicht, Oakley
None
None
-I 131G DRY CREEK INTFRC'EPTOR FINANCES REFUND nlSTlrn!U nor-:.
In ltJlJO lhc Ci1y of Englewood. So ulhgule, Sot1lh Arapahoe and Soulh 1!11glc11"ood
S:111i1:11icin distri cts entered in to 11,c Ilasin l111rrceplor Agrce111c111 (IUA) for 111a in1c11:u1rc
und cJpital improvcmcnls for the Uig Dry Cree k lnlcrccp10r. The 1111crccptor was
rccvaluulcd by Sou1hgatc in 2(X)8 :md ii was conclud ed lhal lhc cap il.11 nc-cds ha, c hccn
mcl aml lhc remaining capiln l proJCCIS were 1101 impcmti vc, but no1cd that m:1i111cna11cc
rcqu1rcmc111s would incrca;;c :Ls 1hc line ,,i;cs. Unused ad1•a,iccd lmc lap foes 11erc
rc1mh11rscJ 10 1hc rcspccuv,· dis1nc1s in 2008. Base hnc lap foe,; co11111mc 10 he colil-ctc-d.
,mJ arc refunded 10 the rt."SJl''Cli, c d1s1nc1s c.ich year
\\'hen 1hc Big Ory Creek hllcrccptor fond s1:1rtcd to ,hslributc !Is unusc'II cap11.1I money lo
lhc 111cmbcrs. lhc U1ili1ics Department slafT recommended 1hat money be used to pay 1hc
1.(,21> 111s1dc Ci ty. 11on-s:mi1at1011 dis1r ic1 c11s1omcr's i111crccplor mai111cnuncc Ices for a
pcnml o f tnnc. cstimalccl 10 he 20 19.
llcc.iusc of 1hc 111crc.is111g 111,1i111c11:mcc w the ,rgmg 1111crccptm. scwc1 c11,111111crs co 1111cctcd to ihc llrg Dry ('reek l111crccptor wil l sec an incrcu,c 111 ihc IBA charges front an average resident ial charge of$8,97 per year 10 approximalcly S I lOO per year. Mayor Wl"OO\\arJ qucstiont'II 11<111 the lllA charges anJ 1h,· :unounl sent to Southgate 1s calculated Mr Bock was a,·ailahlc to cxplatn ho" the htllcJ amounls arc figured . Stu J1rccts'll John to dctc,inmc the has1s U[>On "luch these rate~ arc calculuted and to confinn they arc 1n compliance w11h e~is1111g r.11c orJmanccs. John 11111 rcpon his findings at a fulurc 111cc11ng.
Mr. I li gday moved:
Mr. Bums seconded:
Ayes:
Nays:
Members :1hscnt ·
Motion earned.
5. WATER RIGIITS UPDATES.
To table a mo11on regarding refund
distributmn for the Big Dry Creek
Interceptor pcndmg additional infonnation.
Bums, Clark, Higduy. Moore. Cassidy,
Wiggins, Woodward, Oak ley, Habenicht
None
None
The Board rcceht'll from Da\'id I hll, Eni;lcwood's Water Allomcy, waler rights updaics
dalcd Marth S, 1009. Siu discuss.'ll developments in waler litigauon ca.,cs m which
Eni;lc11.ood 1s ill\00)\'cd.
6. A lfflCLE FROM TIIE Dl:'Nl1f.'R l'OST. "HAZARDS IN Tl IE WATER,"
DATED MARC'H 22, 2001)
The Board rcccl\ cd an article that appcart~I in the March 22. 20()') Dcn\'cr Post !hat
discusses Colomdo commumli.'S that arc not m compliance wi1h puhhc hcallh slamlanls
Stu noted Iha! the communities discussoo m lhc article arc small, rural water districts thal
arc s1rugi;hng wllh aging dis1nbu1ion syslcms and would he considered firs! for 1hc $32
1111llinn 111 s1i 11111lu s money.
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DE i l'\(_ll '1-.; I \( ·crn ·-.. rs Rl'l'otn At J pre, 100, meet mg the f1oarJ «•qu,·stcd 111!,mn.1111111 on ho" the r,·ccsswn "affcclmg the l 1ili11c-,, lkp•rtmcnt"s collcc1mns. I he Board "-'CCl\c'll J r,·d t.1g .111J 111111-off sunnnary f,,r 2011S. John lloc, nutcd that the o,cmll number ufJchn,1ucn1 .,c,·uunts h,i-remamc'll the same, h111 the dollar :1111<111111 ha, 111crcased Mr lligJay \\as excused him~clf;n 6:0:l p.111
8. E!'\ER.'IOC CONT RACT.
Stu discussed the ENERNOC Xcel Energy l'cak Sa, in£.~ Sales ,mJ Scr,iccs Agnx·mcnt
being considered hy 1hc U1i lit1 cs Dc:partmclll. This purpose t>fthc agreement is to
coop~mtc regionally in an attempt to lower peaking fnctors for Xu:I Energy. The contract
wa s revised 10 note 1h01 the only penalty to the City for non-pcrfonnancc would be a
reduction or elirnina11011 of potcnt111I payments There was .ilso f1111hcr clarilication of
event windo" s.
9. AMERICAN RECOVERY AND REIN\ i:STMENT ACT
On March 9, 2009 the Water Quality Control Commission l-Stahlishcd funding criteria for
the American Recovery and Rc inwst111cn1 /\ct for funds for the State ofColornJo for
water and wastcwnteq>roJCCts. Colorado recCl\cd up1lro.,ima 1cly S60 million wl11ch will
be Ji,·idcd bet\\CCn the Drinking Water Rc,olving Fund (DWRF) ,md the Water
Pollutio n Contro l Revolving Fund {\\'PCRF). The :loard received memos from Tom
Brennan. Utt ht~ Engmccr ;md Dennis Stowe of the Wastewater Treatment Plant. noting
that because Englc"ood docs not meet the D\\'RF r,·qu1re111cn1111 the co11scrvat1011 Plan.
wluch requires that the City he 1(1(~•. metered. the prubab1lit) of Englewood gcttmi;
fumhng 1s 11011-e~1 stcnt. Add 1tionu61y, I here arc so many requests with higher priontic,,
th.it Eni;IC\HK>d \\Ouhl prohably nm receive fumhng 1fthc City req uire d the immediate
inslallation of meter:;.
Stu 1hsc11ssc'll the .1Jvan1uges of the existing meter cnnvcrsion plan lor Englcw,1<id
residents
n,c next Englc\\ood Wa ler and ~ewer Uu;ml will he hdd Tucs<l:1). \lay I~. 21)(~) JI 5.m
I' 111. at the ('ommumty Dc,,clnpmcnt Conference Room.
Rcspcc1folly st1h11111tcd. c~z, (./h •W~
l'cllh) llt1n.tgc
Rc'\'orJmg Sccr.t.11)
\\ A TI.RAND SL\\ ER BOARll r110;--~ \ OfE APRIL 22. 2009
A phone ,·otc "as taken from 1he members oflhc Englewood Water und Sewer Board for
the April 14. 20()() mmutcs.
t\lr. llahcmchl mo, cd;
Mr. Clark seconded
Ayes:
~ I em hers 1101 rc,1chcJ :
Nays:
Absla111 :
!\lotion carried .
To recommend approval oflhc April 14.
2009 Wale r and Sewer lloard minu tes.
llabcnichl. clark, Moore. Cassidy. Wiggins.
\\lood\\ard. Oaklc). I ligda). Bums
None
None
·nic ••nt 111,·,·1, ·;;'""be held May 12. 2lKJ9 ul 5:00 p.111. in lhc Public Works Conference
Rwm.
Respcrlfull) suhmi ncd,
Cathy Durragc
Recording Scl·rclar)
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ORlll' \\Ill NO Sl·RII SOI 2!X~I In Al I IIOIU" COL ,en UII I ,n ~s f'\I ROIJL't'I I) IIY t'Ol '11('1( \lf\lRl·R \ BILL hlR AN ORl>lr-.ANCI, APl'RO\'IMi 1\ LICl'NSE • CITY Dll Cl I CROSSING AGRl+MEN1.
AND A TfMPOR,\RY CONSTRUCTION EASE.\lfXf BETWEEN Tl IE CITY OF
EN<,1.1.:1''"{)0, ('01 ORAOO. AND TI IE PROPER1 \' OWNERS BRAY AND Rom, R<i
Wf lEIU• '\S, lhe llmys arc owner>" nh Ro1bcrgs of re.ii pn,pcny al 1S'J(I S Clnrl.s.•n.
Englcwooo. Color.i<lo; and
Wt I EREAS, the Brays remode led !he ir propcny l=1cd nl ~890 S. Clarkson and rcqucsicd o
temporary con~tru..:lion rt1?rc:~·mcnt to ms1all a rcrnining wall nml fenc:e w11h111 1hr C'11y Ditch
nglu-of-wny. winch 1hc En~lewood Ci1y Council approve,J wi1 h lhc passai,:c of Ordinance No, I,
2006; and
WI IEREAS, nl lhc conclusion of cons1ruc1 ion of lhc fence and rc1nin111g wall, 1hc t1wncrs
ngrccd 10 u rc luenlion of1hc Ci 1y Dilch nglu-of-way in lhe cons1mclion arcn nnd a clnr,ficntaon
of the ('i1y Duch righ1-of-wny acr,,ss the cn lirc property nl 289!1 S. ( lorkson; and
Wlll:Rl:AS. 1hc llr.,ys plan 111111s1:,ll n 1u1n-g;i1e fo r po1c111ial C'il) Dilch \\Oler. purchased
l'rom 1hc Denver Wo1cr [kpartmcm, across and adiaccn110 Englcw<N>d'< C-11y Duch r1gh1-t,r-11ny
"hich "ill he u~c'll lor 1rri!?a11011 hy lhc Orn)'l<, and
Will lU:AS. lhc l.,ccn,cc cxprcs.,I) a,s.,um<.'S foll and sinct hab,hl) rur ;my ,111d .,II dan'1)'l'< nr
CVCI')' nmurc 10 pcn;M ,., property cauS<'ll h) 1he po1111 <>r poinls whcr,· lhc I 1ccnS<'C f><.'tfonn, ,111)
worl III con11<.-c11on \\ 11h 1hc cncroachr111.,11 •run lhc City Dud, nghH1f•\\ilY I' ,, 1dcd b) lhc
I IC'1bl.'C, 01111
\\'lll:REAS. 1hc t'II} rc«.'t\'es 1he n1<h• 10 nL1ke foll use of the property nccc-.s;11') in !he
op<..-rnt,nn <If 1hc Cuy Pnch, 1nclu.hng 1hc """'<'}'ancc of Monn" alcr rum>ff. and
Wlll·Rl'AS.1hc ('ny n.1mns all n!dus 10 operate, maimam. mstnll. rc-pair. rcnltl\C or rclllelllc
nni ot ,c-foc1h11cs loc;uc'll \\Uhm 1hc Cny's ngh1-0r-way; and
\\'lll·Rl :i\S, 1hc l'n!?lcwood \\'a1cr and Sewc-r Boord rcconuncn<k'll C:\iunc1l aprn""' h)'
t )rJmancc c,f1hc I 1c.cn~c Alm .. "l'mcnt. and l\.,nporary C'umaructmn Agreement lo cncm,1ch 11110
l·nglcw1N><l's Duch cascn><.111 al 1X'JO Smuh Clarkson Strcc1 for the 111s1allat11111 ,1r a 1um-ou1 i:,11c
11 inch" 111 he'""' for 1rnga11on hy 1hc Dray's, m 1hcir Occcmhcr 19. 21KI~ 111<~·1111g.
NOW, TI IERFFORI·. UE ITOIWAINl·f) llY TIIE<'I l'Y t'OUNC'II OFTI IE t'I rv OF
l'.N(il H\'001), l'OIORA l)O, I IIA'I.
Sc,·1 ion I, rhc l'ny C'1mnc1l for lhc t'lly nfEnglcwoo<I. Co lur:i,ln. hcrchy npp11wc, 1hc
I 1cc11\C ('11 y 1>11ch ('ro!l,slllg i\µrcc111cnt. nm.I the Tcmpornry l'onslruc1101 1 l::11'c111cu1 hctwcc11
ilw I 'II\ • •I I n~lc\1.-,.J .m,11 >,.111.1 .11Kl I etch llra, ,nKI I Ul•'nc JnJ Im k,1thcrn t.11 the i.:~,11~1~·11,,11 ,,1.11un,"'4.'LII ~.1t1.· rn 1hc l"ny·, l ·11,: ~lluch n~u-1,l•\\,1~. ;111.1d11..·d .1~ I ,l11hth \ ,,n,1 Ii \~.! tl•: l 'h.unrun of lhc Ln~k"'"'' \I ,lier and C\\CI UmrJ and l),r, ·tor,,r I 111111 ,._ .ire hcr1,.·h.> . ullk,n/1.'ll h"" ,1~n ;;ud I .1cen~ ..\~'f\."1.'111Cnt .ind I ,,n, 1r;1n r·.,n,1ruc1tt1n -\cn•1..'fncn1 h•r ..aid pr,•rcn, lnlroJuccJ , reaJ 111 lull. anJ pl»cd on lirst readmg ,,n 1hc I t Ja) ,,, June , 11k~I
l'ubh hc:d as a 8111 for an Ordinance on rhe C,r{s 00ic1al ncw<p.1per on rhe 5• cl.iy of June. !0()(1
Puhh . h1:J n a lhll r.,r ,Ill Ordm:tncc on the C'II) ·s official \\cbsllt h.:gmmn)! nn the Jrd da) of
June, 1009 for 1l11n)' (31l) dn)<
James K Woodward . Mayor
L,,uc rishia A. Ellis. Cny Clerk
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I, l .n urnslua 11 l'lh ,. l'11y Clerk ,,f rhc C11y of Englewood. Colorado, hereby ccn ,fy ilrnt 1hc •
ahol'e 1111d forcgoin11 t. J true cop~ of a Bill fo r an Ordinance, mtrodu ced . read ,n full. and passc.J on
fir,t rc:1d111~ on rh c hi J,1) .,f Jun e. 1011'1
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1'PlS LICENSE AGHf;EMJ.;NT, muor· ond ,,,11,•r,•o 111to "' of th,, ____ da1· _____ 10!5 hy and 1,•Lwe,•n o.h .. <'l'li' l•F liNCJLRWOOO u munmr,al cur;>M:it.lo11 of the St.ate c,f Colondo, hcrto1n r,.f,·rrcd lO <1!1 "Clt,\"' :1nri hrrein referrerl to a, .. Lict'11c::ee'" WITNESSETH The Cit..y wn.hnu1 nnr wa1Tanl.)' of 1t11 utk cu tnt.ert:nL whnt.'iocvrr, t;1:,tl•v duthur1,ms L1ctimwe, 1ts t-1ucces~or, r11f.ij 1i;ns, rll 1m:tull w; \Cr¥' :r l®
ov, .h~ City)., r,_i;hlB-of-wuy for the C1IJ• Ditch, rlc~mhud usu purccl of lnnd situot.ed 111 t.l~ _ ~ ,2(i-1.( I' cl= f~ \•••<I 1, .. .f fu'i\iJ\lli.,Yf'.<lf-11.. i.)J Y•I of S<-a.,nn -
Townohp =..!:Lia Rnngc 6 3 1t':'7r of u,, ---------:-c-:-----------r M , County of Arapahoe, Slate of
Colorado described as follows:
J'fiu ,. ch., /c•M ,1-
G'ift,.i, .. ,I),,~ ~13
The ,b<•ve-deocr1bt-d para:I cont:uns ---"-1.'--a..;....,..;,..t:..:< _____ .....,m._.,._,n:..,,p-• ..,J•:..,s.,_9
I Any construction c:onv•mplatc•d or p•rfonuod under l.h11 Lic,11•e shuU compl) with e.nd
cnnfonu t.o Rt.sndards formulated hl1 t.h' D1.rcc:1or of Ut.iht1<:s of tlw r.1ty ond sur.h co11R1.rut·11 m
'lhall hr• pe1·JormE!d nnd complet1ocl nccnrdini; t< t.h~· plnnE N'111stsuni:; r/ one ~hPCl a ·opy t,f
',\•hich atta~hcd hc.r'\'LO nnd madr-a pan ht·rtmf
~ Th• L,cen .. e slwll nolJfy the C1ty1 D1rt'cu,r ,,f lltilll.,e r,t lca•t thrt•< (3) days µnor w the
:nne of C' •mmencrincnl tif th~ cc.mstruct1un of or ttny rcpn1r11. mutlc t.0, LA(.·enHct 1s ____ _
r-.k:.
______________________ IO that the City may, m 118
rh~oon rn~pert 1111ch 011(1rabons
~ W,lhm tlnrty (:10) day• f"?"' lhe daU: of tJ,e commencement of conctntcl1on of sn1d __ _
\'ff, "'
Llw l.1tens"C •hnll complete such con,trucuon, place nnd mumla,n pmnanenl, IOSthlr
morkm,, of n t ypo and ot. ouch locnt.,on•ns deei~nnted by tb• City's fllrcctor of UUhlirs.
rr·forrm~ lO the ccnl<•rlim• of lht msiallaLum nnd nhoU clenr thr crossmg area of all
onstrucllon duhrua tmd rt•11tore tlie nrco Lo 11.fl prev1oua (.'01id1tiun ns ntur llB J.UUY Oo
rca•onnhle. In the cveul the plomng of Lhe cent.erhnr marker. nnd the clcannc and
rctttor:.1uuc. or lllt' \:rosru11~ m-eo H; nnt. a11nplt!l"d w,t.hm ~he t.11nc apecifwd, t.he City m n.v
COtnJJlel.e che wori< 111 the eo le expense nf the L1cenree .
.\ Thr Cit,• shall hn,,e Lht• right \0 mnmt.,un, mslall, repnr,, remove or relocot.e the Ctty
"l1tch or :,:>)' other 0£ 118 focihhe• n, 1n•t.all:\llons w1thm tht C1L)'°• nghL--of-wby, at uny lune
,tnd m 1-uch inunrwr us tlw City df'e111s ll'c'ct>Ssnry ol' com•t•monL. 'rtw City rr~r,•es the
p,:J:is:vtrch·1 nt .. J.r.l!f1 J~::lell' i-tJt'll~H-~1ll,11:onJ. !t.'t1t-evrn1:lw r,,,,1,,-, ·.)..rL • --------,:-:-, 1,.IK,uld u.:i.arft•J-e IA'llh any fu:ur~ use o! · J1e ,, t\ ·.., nrht •of.wa\' ht tl1,. C11, t.!1t L1ctnur·• 6h&J! upon rt•:;aeat i'llld m.1LS ,1Jlt.•u11--ns-! :-eloc.t:.e rc.arr ... nr1 c,rnmt\'t-1Ui ta!ll&Jat1 nr: • n1 11 i1 I.ti mt••::-ft rf' ,qth atl)' uch ~t. ~ .~ny r p.ur c,r rt pin, •·mon: of &ny Cit)' Jn<IJlllaa:m made ne::,,sson III Lhr •~nion of 1h, \.'It)', l>:·.r1, r of Uuh11c• bet.iu uf :he wn,,Lru::uon of:.',,, I,~ y .. ~,~~➔~._,!!"-------,.,----:---:-:----::-7"'"--:----:---:-----:-:--:---or other 3J•purlt-n.inl mS1al111>on :hereof. shall!>. mmie 111 I.he oolc ••pens. of the L11:ena..e.
6. Th< ,upuhl.inn anrl ronrl,unn, of th,e I~=• shall re incorporated rnLO cor.:.ract
,q,ec,ficauon• 1fthe <t>nRLruct,on hel'em outhonzed IS LO be rione on• eontracl ha•1s
7 The right.a and pnv,lrgro 11rnutod m t.lus Llcerure ahall be auoject to prior oi;reemcnt.a.
hcen•o■ and/01 sranto. recorded or unrecorded, and II shall be the Licensee's sole
respons1bU1ty to doterintne Lhe CJUatcnce of sa 1d rlOC'umcnts or ron 01r-ung likes ot
1ns1,nllauons.
8. The l,i~onl'ec ahnll r.n ntar.l and fully cooperate with the Ci !.y's personnel nod the
co nstruction ehnll be complct<.-d without int,crfcrence with any lawful, us ual or ordinary Jlow
of wa ter th,-ouch the City DiLch. r..,ce naee ah•ll assume ail risks U1C1de nt to the poasi!Jlo
preHencc of Huch wot.ere, ur of s torm wat.crs, or of surface waters in the City Ditch.
9. All tronchos 0 1 holes with,n the Ci t)'°A rights-of-wa,I' shall be hackfilled and Lamped to th1•
ont;mA 1 sround line in loyer,9 n(lt to cxcee s.ir. (6) mches loo~c.. mca~un to a oom1,rnct1on Hf
rnnrl)' pt>rcent (90%) Standard Pro,LOr Max,mum DenSJty •
1(1. L1ccnoee, by 1rc,ptanL'I' uf th.IS L,ccnsc, expr4e..Jy n.•ume, full and str1c1 hah1l11y for
any and all tlnmage-~ of l'\'<"t')' nature 1.() penon or iiroJ.lE"rtv tau~d liy ,,·av:J' fnmt lhP rlJtt:h
leakmR tr.r:lll~h Lh, ditch kuik• o, p11whne .( the pomL ur J>t>lnU. whirr tl,e L1cen••1•
J•<'rforml!' ;my wm·~ m ,•:c111m-ctmu \\ ah thu cr,,-...-m~ pro"1ried by thu: Lt~11 ;e 'l'h~ l..1cr-ruJt.!l~
H~UUICC ~.u J"C.'!lf)c)1Ur,1hili1y for WIW11.t·n.mrL ltl the mst.:tll:turm.
) I l,hll'D>('f shall tndewnlfy o.nd o.ave hurmless Lh• City, ,ts officers and employ•••·
a1;uinr.t nny and nU claims, damttgt..c.a, acct.umo or cau!leS ~f nct1on and exµtnsc.s LO wh1eh ll
or th•y m1y he ~uhiectcd hy n:<111011 or said '""''.'!lb, y:ti
h< ,n~ w1lhm nnd 11cm-.... and under '.ht prem1ac1 of lhc C1t.y or by reaa>n of ony work dour or
ou11~1on made by Llcenat~. tll ncents or en1 r,loyees1 1n connection with the construc:Lton.
r;,,ploet•mrnt. mmntenancr nr ropnu of s;:rud mst.all3titm.
12 ll II ex1 rc11>,ly u~reod thol m Cll&e of Licensee's brench oi any of t.h• w11 lun pn»ni&1•,, Lhe
C1iy 1noy, ot It.II e1ptJun, lu1v~ upeafic perforn1unce Llu~rl•of, or f:Ue for damages rrttulbn~ fnnn
•uch bn'llch.
13 llp,111 •lmndonmc11l uf 1111y right ur pr1v1leco bcrern cmntcri, the ri~hl of L1eenfl()1' tut h:t l
t'>,tcint aholl turmmntc, l.iut.11.8 oLlii;i:ihon to mdcmni,;y nod save harmlcsR Lhc C'1ty, 11.8
officure and ,~mplo)1t•tt8, nhnU not termmnl-e m uny evl!nt.
In c1·0111111g lhc obovc oathm·,~otion, lhc C1Ly roservca lhe ngh~ to 10B1te full use of tho
prop<'rty mvnlvPrl M mn)' br IH'r1·1'1~:uy or L'om·c11u.•nt iu the oµcn1l1011 of tht< wutor worh tt
plon t ond •i·stl'ln 1111<lcr lht· control ,f the C'tl,I'. •
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In granung the abo"e au1hon7111ion, the Cny reserves the right tt, make lull use c,f th c propcny involved as n.ay he necessary or <·on1•cnicn1 in th e ope, alien of the water worl:s plant and system under contrcil of the C'ity. fN w1nrnss WI IEREOF this mstrumcm has been executed as of the day ;u,d ye:tr first ahovc written.
CITY OF ENGLEWOOD
B~-.,.--------------Stcwart H. Fonda
Director of Utilities
City ofEnglewood
By: ____________ _
Chauman
Englewood Water and Sewer Board
The undersi~ed officer of_~---=-----_______ has read the
foregoing License and agrees for nn on behalf of said
----,-------,-...,.,....,----,---,-,---,--------that it will
accept and wil l abide by all tht wnns and rond1tions thereof.
LICENSEE:
My commission exp, .
Ml' r.ommisslon FIUl~es 01:1'~4/2010
--
In gr:intws the obovc nuthori7.ahon, the City reserves the right to make full u se of the propell)' involved as may be necessary or convenient m the operation of the water work,
plant 1111d ~ystcn, under r.ontrol of the Ciry.
[N WITNESS WIIT::.R.EOF this mstrument has been executed tts of the day and
year fu·st above written.
CITY OF ENGLEWOOD
By: _____________ _
S tewan H. Fonda
Director of Utilnics
City of Englewood
Sy:_....,.. ______________ _
Chaim1w1
Englewood Water and Scwc:-Bonrd
fhc und,m,1imcd officer of _________________ ha, read the
foregoing L,:-nse and ai,..-ccs for un ua bchu.lf of said
that 11 will
nr.ccpt :md will abide by all the terms and condition,; U1crcof.
LICENSEE: ~ (!_, le-~
n, /,~!,')
Title: 0«11.!C.,_ ~<tV':z_ __
A<lcbcss:_il__/j 12!.rtlpr) /l'd
_ftf_ l'tt'I 11 r ll D J()Kj' I
l'honc JO/ ?B-CJ<J{.S
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• rTOP Of lJAl/x ( /'W>/CN.)
'CTD9ER 01, 2007
PIIOPOS!Drr,;TiJIUNr
fF 25' fAS!llCNI
tlJw/J II~
\.o,slAN/E 4: OiR,CllOH fllOM Pl.. IYl'JCAL
".. 1HE satTlf 264 FEET OF 1lfE 111~ Sllr/f, NWl/4, Nlfl/1 W aw. EXC:fPT 1H£ 161' JO FEET, arr OF tA'/UIIOOO, CaJNTY
Ir~
rJ/1 1HIS SURlfY {)(£S NOT CONST11UT£ A 7111£
S'JRvfl'ING, ff./C., NOR WAS A 7/11£ P<Y.JCY PROV/DID.
7/0N OF RECORD SHOH1i HEJ/EON WAS O!JrAJN£D FROM TY RECORDS.
LEtqH ., Uir/A}.-9 BR,1Y 2 gqc, s Clvh:.0,1 '5t E,J,, lewcrx/ cc r (?D I!;"?, ( 3C•3) ::;.tz C•(,..:X,
Loccd,rm 1/a itv LOJ1 l,o/
(faft
__-rap <F BNIK, , .·
.. .. . ..... <~_-_J ~-.. __/
AI.Llr
(16' ROIi'}
_________ __/
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NOTFS:
IJ--BD-:t05IJ/faJ CR S NQ11~
can.rENCE ANY LEGAL ACT/(1{ S
llfflllN THREE >fARS AFTER YOO
MA Y ANY ACRON BASED UPON A
MOR£ THAN 1DI 'rfARS FROI.I r,,
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-------•--..·---· -&i.a.•-·---·--·--·-···--~---.------•Uol :r-£:::t?=-~-:..~-=
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TEMPORARY CONSTRUCTION EASEMLl\'T This Temporary Con.,trucuon Easemcn1 (the Temporary Eascment 1 1s emered IJIO 1h1s _ day of ___ • 2CJC'i by and bc1wccn 1be City of Englewood, Color:ido, a
municipal corporat ion or the stale of Colorado, ac11ng by 1he 1hrougb 11s Water and Sc'l!:r
Board (Grantor) and---"".,-----.-.------------1,etyJS½\l \)i?!w, j},~~~, ... kl•1l ,~~ e-11 .. 'o (Grantee).
WHEREAS, The City of Englewood owns a rigb1-of-way for lbe City Dllch, a earner
dnch (City Ditch ROW) which :s located as dcscnbed on Exhibn A.
nnn,RE S l~J)~• · "'m:. i:, , .!:!:.!~=w=.i.o,;u..,:'!"d=:+ es1res (b 1nstall al' ____ _
---"L!..:..:~=..;i~;__-,--________ within the City Ditch ROW
NOW, THEREFORE, In considera1ion of the mutual covenants of the pames,
more panicularly hereinafter set forth. the adequacy and ~uffictcncy ofwhtch an: hcrcb1
a.:IJ10wledged, ii is agreed as follows:
Tem rarv Cons cuon Ea~ ment. Englewood (as Grnmo r) hereby grants
10 ~ t [ rI e1!i, • .l\. (as Grantee), us su~cessors, a~signs,
comr:ictors. and ,ub-tc,mrac1;;;:s, a non-exclusive temporary construction
cnscmem 1hrough, over, under and acro.s the City D11,h ROW for the
11lS!Jllation of :l/'\ 1 ""f l1o. qdt
--------------------pursUJOl lO. license agreement (the ProJcctJ.
Term of Easement. The PrDJCCt will begin no sooner than _____ aod
will be completed no later than _____ . Completi on of tbe Pro1ect
will be deemed to have 1,ccum:d upon inspection and approval of the ProJect
by Grantor and this Temporary Easement will be deemed 10 bavc termina1ed
upon such complcllon.
3 Access. Gran 1ce sh.II h.ive the temporary non-exclusive nghr to enter tbc
City Duch ROW for any reasonable pW'J)<)se nccesSAl)' or prudc111 for 1be
cons1rucll <'n nfthe Project subject 10 the following rcsmct1ons: I) nonn~I
workrng hours shall be consistent with COOT construction hours, Monday
1hrougb Fnday and 2) the operation of equipment and heavy 1rucks will be
pcrm11ted on the Englewood City Ditch ROW only during normal work.mg
hours .
4. Re~1or;m11n Upon compleuon ofche ProJcc~ Gra ntee will perform su ch • rcsror:mon ~nd regrading as is necessary or prudem 10 res1orc che surface are:i of the City Duch ROW 10 us original condiuon . 5 ln demn11jcn11on . Gramee , to the er.tent penmned by tbc laws and co nsutuuon ,,fthc State of Co lorad o, hereby agrees to be !table and bold harmless tit: City of Englewood, its employees, tenants. and gucscs from any and all claims, cnuscs of a uon, and ftab1hty which may occu r as a result of the negligent or wrongful acts of Grantee m th e construe ion oftbe Project,
including the cost of defending against such claims.
6 l.d!1uJi!1, Grantee hereby acknowledges tbar it understands that there is warer
now m the Ciry Ditch from April I 10 November I of each year and that it
will assume liability for any damage to adjoin ing propcny caused by wa rer
now resultmg fro m damage to the Ctty Ditch caused by the Grantee's
construc ti on acuvi11cs.
7. Insurance. Gra mee sha ll maintain in full fo rce and effect a valid policy of
insurance for the Prnjecr in the amount of $600,000 .00 pro perty cC'vcrage nod
$600 ,000 .00 liability coverage. Grantce further agrees that all irs err.ploye.t:S,
contractors :md sub-comraclors working on lhe ProJec r sball be co ,erc •; ~y
adequarc Worke rs Co mpensation tnSUl'"IIJl ce.
8. Ass1gnmen1. This Temporary Construcoon Easement is assignable only with
tbe wri11en pem11 ss1on of Englewood, wh ich permi ssmn will nor
u=sonab ly withheld. conditioned or de layed .
IN WITl\eSS WHEREOF , the pam bere1D have executed tllls tempo ra ry
construcuon E:!scmenl on the date and da)' first wmten ahove .
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Ir, b'l":lnllng the ahm c ou1hom~1on, the Cn)· reserves !he right 10 mal.c full use c,f the pmpeny mvoh•ed as ma) he necessary or convcment in the operatnn oft~ water" orks plani and system under control of !he Cuy IN WITNESS WHEREOF this instrument ha.~ hccn c~cculod as oftl te day and year first abo,·e wnttcn.
CITY OF ENGLEWOOD
By. _____________ _
Stewart H. Fonda
Director of Utt Ii ties
City of Englewood
By:_=-----------
C'hau:mao
Englewood Water and Sewer Board
Tl1c undursigned officar of _,_.---,-..,.,--,---------haF tcad 1hr
forcgomg Lic~11Se and ng,ccs for an on hcldf of said
____ Ihm 11 will
acccp1 and will abide by all the lams and conJ1tums thereof
LICENSEE:
~
Mycommissi
My r.i,n,~,,islon Expires OC/24f..'()10
• riOPO' BM,r (r-tPICAt) , l.l!l!IS IX ll'Al!R
(/11'1CAL)
LEtqH 'l' Di,1J..,',4 BR,1Y 2 gqc, s CL,, i<:-:.,11 ~t Enr/t:"tvta-i c,c, '} gc,,,3 ( .:£•3) :J-62 C•4-?:C,
..... ......... --lfALK BMIN!E
/
8, a,_,-' to t./:ite,' ~,1,,/ (ja1e . + . tuy. ,.. ... ....-, ..
. ·, ..
,•-•/,
'CTDB£R 01, 2007
SIIOIW.
•re~
. / . :-. J/
PflOl'Os..."D CEl{/f/llJNf
Of 2S' fAS!JJENr
' '
'
• l•/lf/ j
\.asrANQ'. " 0.11<-C!l(WI f1lllll PL lll'ICII.
t 111£ soum 261 FEET QC Iii£ ~T/.Z SttT/~ Nt1/f, Nl!1/4 W
8. w., EXCEPT Tit: ll£Sr JO FEET. arr Of ENlU'tl:>£1!), CQ/lfT)• :1~Q
· THIS SURI-fr DO£S NOT CONST/ll/'/1: A T/11£
srJRVEYING, 11,c.. NOR WAS A T/11£ P<YJCY PROV/DID.
TION OF RfCO, 1) SHOKN HEREON WAS 03TAJNED FROM
TY RECORDS.
AllIT
(16' /IOWJ
----,-
&/fS Ale«
(20' //O'llj
NOTFS:
-r
1J::BtHQ5f.T)[ol c,Rs. NQ11C(
CO/,fl,/EJ-ICE ANY /.£GAL ACTION 8
l't111//N 7HREf !FARS AF71:R YOU
MM .WY ACTION BASED UPON A
MOR£ THAN Tf:N lfARS FRO!./ 1h
111 grunttng We o.bo\'c authori7.nt.Jon. the Cil\ re-'\· \ ci ti:,,. u ~ht to ·u1•' r. I ,II use-n f lhc-propcny involved as may be neccs~arv or c-011n,11r:at tu 11,c t 1p n ou 1•1 tJ,1 \\..•l c l wrnlu.
plnnl and system under control of 1he Cm·.
LN WITNESS WHEREOF tht~ 111strumrn1 ,~~, hern c,..:111r il ,,, 1•f 1hr ,1111 ,Uld
year fin.I above written,
CITY OF GNGLEWOOD
By:---------------
S t ewart H, Fonda
Director of Utilities
Ciry o f Englewood
ri:-: -=--,,------------Chllim1nn
l:ng'ewood Water and Sewc: Board
The unden.1gncd officer of--,----,----~-
forcgomi: License and ngrces for an ou behalf of ,;,:iid
1n.,1 ,1, ,1
accq,I nnd will Jl:11de by all the tenos and condition.< lhctrof
LI CF!NSEEt. C.. ~,,.
/. r,~~ n
By: J[ It l · fl ~Ir, 3/ ~ JLJl}B)
Tille: Cl"J\.£1 __ t?.,>tr, -
Address: 7'1/J._fbjl',,d t4'J
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~ly tunw1i;ti,:14,n ,.,,1111 ·11'
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Phone: '-:Jc);· •ti]· 0')b S
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TO: FROM:
l)ATE:
suamc.-r:
MEMORA ND UM t-li,c l'auurot.zi. l"irc Chief l.ancc Smith, Chief Dui lding Official _j + June I, 2009
Updt11c on 3750 S. Cherokee
j I
fhe subject propcny was severely damaged by fire/gas explosion on April I J. 2009
lmm<.-diot~ly nfler the fire the propcny was secured by ':ioarding of openings. temporary
shoring ,· f e:ist wall and lcncing of the site.
'Ilic Rui 1ding Division ordered the removal of the structure and contacted three
demolition contractors for bids should the owner. Wells Fnrgo. not cnmply with the order
hy June 16. 2009.
On Mnv ::s. 2009 Premier Asset Services (PAS). a Division of Wells Far~o. callcJ and
stated that they arc gathering bids for the demolition of the stmctu re and will he ohtnini ng
perm its soo 11. Of the 1hrc,· eon1rac1ors that were conluctcd hy the Cit) 10 bid the
dcmohtion. only one returned a hid and that quote was forwanlcd to PAS.
Al this 1,mc the Building Division will hold ofT any fun her ar1 ,, 11 10 allow I' AS 10 go
forward with the tfomolitiun process.
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(O LI NCII COM MllN ICAl l ON Dale: A~rncf,1 llt•m: Suhj,,ct: 1111w 1, ~1 • Ill II, I ,, h'\ofutiun .,ppt1t\ In~ ,l \Upplelllt'Ol,ll .1ppt11pn.,1u,.l tor Ilk ,1h,1 tenwn1 01 the propl'rt\ .11 l"SIJ \11111/o C l1<•mk(•1• Sireel
Initiated By: St aff Sourcl':
OepJrtmt.'lll rn 111\illlU' ,uul J\rlr 111iu,1r,1U\l• ~wr. u .. e; frank Grygl,•w•<L. Director
COUNCIL GOi\L AND PREVIOUS COUNCIL ACTION
Tlor ,;, , \\J> J,,, mwd J I th,• M,11 111, 21Ml'l ( 11, Cn11nr,f 511 ,ch Se,.S1on.
RECOMM ENDED ACTION
S1,1ff rt•rnmnwnds City Co1 mu l a1111rn\l' 1lw ,lltJ< fwd 1es,~utH1n au1hor121ng a supplemental
.1ppror,1,ll1nn or $10,000 from th,• 1111r~el\ed urn le<,11;11,Jtt'd 1und b,danc,• 10 lh ~ contingenq lunds
In ,uJ.tle 1he prop,.•rt) ,11 l ~,o Sou1l1 ( lwrokr•r•
BACKGROUND, ANALYSIS, AND ALTE RNATIVES IOENTIFIEO
TIie p«•pNI\ 11 1750 Soulh Cherukp,, 'ilrc•el 1\,1~ lwll1 d,1111.,~~d 111 ,m 1•,µloMOll llrt' on April 11.
2009 rlw Cnv ha, cunl,llled 1h,· lw,k hold111>1 1h1° 1111irtg,1gt' b111 no ,1c11c•n h,1s heeu ial.en on
1h e1r p,ut 10 ab,1IP ,,ncl secure 1lw flWll<'fl\ rlll' C II\ IM, h.:,d lhe 1>roperl\ ln,pecl~d ,1nd lesll'd lor
ashe!tlo~ and tt1(1t1•"\1ttd <1uolP\ lo ,ll-><1tt-llw pm,-w1t\' Tlu 1 C ity rti<.e1Vl)rl on e qu ote for ,1h<1 1ement
f01 appl,>,im.111.'I) $15.UOO a1•d h," .ih,•,H I~ ,p,•111 $1,0011111 1 lht• 11101wr11. 11 ,huuld he no1ed 11
addi1io11a l ,,.1,~,10, (or olh er il,11,11 c/;) 1> 1nw11f 1111 llw 11rup,•rt1. ,HI ,\Cfrh11on,1I ,upplemenl.11
<1ppropri,111 on 111 .1y hP pn .. 1wn1t•tl to Cit\ (-uUJk ii
GFNER>\l FUND
SOURCE O F ruNOS:
l tnri.~!i-t.•rv1 1cl/llndt~,11~u,1t l1tl fund H.tl.1111 ,.
USE OF FUNDS:
Cnn1lngl·IK \· 1Ah.u~n1t•nt or C lu•1okt 1,1 P1t1pt•1 tvl
• FI NANCI AL IMPACT
Thi\ \Upplt'f"lt'IIIJI ,IppIup11ill1011 \\<Ill rt1thn 1• tlw C ,1·111•r,1f I 1111,I, I ru, ... ,,,,,-cl I 11tf1t\lWMh•d fu11d
B11l.11H , h, 5 ~o,ono
UST OF ATT",CHMENTS • Pmp"'.-d Re,oluuo n
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l<I SO I l 110:S Ml SI 1<11:S t >I !IM~I \RI.SOIL I IOI\ .\l'l'RO\ IM, A Sl11'1'1 I ~II '11 Al t\l'l'llOl'RI \ I l lJ:0-·11 > ·1111 !lij~I nu1x;1 l 1-()1( llll· ",ll!\1 1 \II \"I Ill l'IU>l'I Kn I I~ \1111 \I l'SOSOl lll l'III IWKI-I, S 11(1 LI . l·N(,I F\\'0011, COi Ol(AIJO ll'l ll ·REAS. 1hc l'1l) of l-i1flcM•><I "rt'tjuircJ h) l'u, l'l-,n,-r h> m,urc that c,pe11d11ur,-s ,In
m>I c,ceed lc~all) adop1cd nppmpna111,ns; and
11'111-fll:AS. 1hc !(X>IJ lludgcl \\ils ,uh1111 11cd «ml ., .. ,riw,-d h) 1hc I ny.lc\\.-,J l It) l'oun.,11•11
( 1<1uhcr !4. !00~. and
\\'I ll·Rb\S. 1!11, supplc~ncn1al appr11pna110111111hc 10()1) Budgc1 "11,..,dcd 10 uh.11c 1hc
propeny al )1 ~(1 S1•11I, ( ·1.'fl,Lw Slrt'<-1 \\luch ""' hadl) damage.I h) ,m cxpl,1>1011 .md fire nn
Apri l I J, !(M>II. m11J
WI 11 'Rb\S. this c,pcndilur< ,•o• • • he forcs<.-cn and therefore\\ as tKJI tndudcd m 1hc !(~~J
Rudget.
NOW. '11 IERJ'FOR E. Ill · n RESOLV l!I) B\' TIii' crrv C'Oll 'IC'IL OFTIIE lll \' OF
I:.NGLFWOOP. COLO R. \DO, AS FOLLOWS:
~!i!!ll-111c lludgcl for 1hc City of En~lcwuru. t'ol,,mdo. i. hcrcb)' ,11nc11dctl for 1hc )C'M
t.·rxlmg. ::?C,oq. a!>, rollo,, ~
20<>9 SllPl'I.EM f:N'I \I, AP PR OPH IATI0/1'
GF:0-ERA I. rnr,n
SO UR CE OF FUN llS,
l 'nr,-s,,.,,-d'llnde.t~nall'II I u1KI U.,lancc
ll/,t: CW FUN DS:
l'11111mgc1,.:y IAhJ1,11,c1t1 uft'hcn•l,...., l'r••)ll'f1•)
S20.0011
~lion 2 Ilic Ctl) \lan,1gcr ,llkl lhc fl1r,-c111r nl I 11i;111cc n11d Ad 1111111s11,111\•c Services :ire
hereby .,u1h,1n1.cd 11111.ilc 1h,· al>1wc du11i;, ... 101hc 11~~> lludi;,1 ,,., th,· t'1I) 111 f.ngk~.-,~"'
\lllll' 11 I l All,ll ,\l'l'l<O\'H l this l,1 d,ty ul June. 2(MN,
• I. I nucnslna A Uh,. C II) C:h.,-~ for 1he l 11\ 111 Ln~l<1,,,,J. ( ol<•rado. hcrchy ccmf) 1hc ahc.l,t." 1:-i a tmc ~npy f1I Rc!-1,lu ti~m ~o . S-.:m::-of :moq l.11ucri ,hia A El hs. C11y Clerk
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COUNC IL COMMUNI CATION Dale: Agenda llem: Subjt ct: June I. ~OU9 11 l II Motion to apprm e an ,1greement '"th An1eresu1, Inc. to, perlo,mance of a Technica l Energ\ Audit lnilialed By: I Slaff Sourc e: City Mana~er·s Ofi1ce Michael Aahert), Deputy City Manager
CO UNCIL GOAL AND PREVIOUS COUNCI L ACTION
Ci t) Council has e,pr~ssed stron~ lrterest in promoting energy efficiency and altema ti, e and
rene"able enerm. last vear , •• ;, h• 11ed enorts to address energy efficiency and to de,elop a plan
ror implementation of"< ·•~n t'11) 11•1t13t"es. To that end, City Council apprO\ed a Memorandum
of Undemanding (,',IOI 1, .,uh the Co,ernor's Energy Office (GEO) on October 20, 2008. O n Ma\'
-1, 2009, Coty Counrol ,1ppr0\ ed b) R~ ,elution 138 of :!009, selecuon ot Ameresco, Inc. as lhe
City's Energy Service• Company.
RECOMM ENDED ACTION
Stan recommends Col) Count, apprn, ~~ b\ motion, for stah to enter into an agreement with
Ameresco, Inc. fo r penormnnce of., ~,hnical Energy Audit (TEA),
8ACKGROUN0
last year, the GEO ,;<.,mp; red a feasib,lil) stud\ fo, energy perto,m.nce ,o,wactlng fo, the City,
and on May 4, 7009, at staff's recommendation, Counc ,I selected Ameresco, Inc. to serve as the
Cit) ·s Enerm Sen ices Com1>any (ESC.O). The next step in the process is for the ESCO lo conduct a
r ~chnical Energy Aud,t (TEA) The ,mdil will indude a comp• •hens" e re, ie,, of currenl ener&r'
consump1i o11 (and energy-saving) practi ces ,1nd will offe r a preliminary ana lysis ol polential
measures for ,mprO\rng ener8)-eh1ciency, along \\Ith a S.l\ings and cosl analysis The attached TEA
,1greemen1 h,1> been apprm ed by 1he Go, emor's [nergy Ofr,ce and Ameresco., Inc The specif,cs
of the audit Me ou1hned in the Scope of Work induded m 1he aweement.
B,,secl on lh e oulcome ol lhe ,1u di1, a full energy performance con tract will be developed and
presented for C111 Council's conStderauon ll\ iall of th,s I eM
FINAN CIA L IMPACT
The total co,1 0 1 tl ,e TEA is $34,531 . The City has ,1p1,l1cd to Xcel Energ) for a rebate 01 one-half ol
tht, cost of the audrl ,md ",II apply 10 the GO\ ernor's Energy Office far granl funding for tile otlwr
o ne-half. Should City Count,! ,1pprove an energy perfonnance contract "11h Ameresco, any TEA
costs not reco, ered 1hrough want or rebale funding may be rolled ln lo the energy performa nce
L0ntract.
• UST Of ATTACHMENTS
Co ntract for Tcchnicnl Energy Audit and Projl•ct Proposal This Contract. daicd June __ . 2009, is entered into hy and hc1wcc11 Amcrc.~co , In c. (hereinafter called "Conlrac tor"), and the Ci1y of Englewood. Colorado, (hcrci nafkr called the "Owner"). WHEREAS, lhe Ci1y of Englewood is the owner of a number of public facil i, . .:s which consume energy and wa ler; and
WHEREA . the Stale of Colorado Governor 's Energy Office coordinates a prob>ram under§ 24-30-
2001, C.R.S .. under which approved entities may con1rac1 with local governments for Technical
Energy Aud its And Project Proposals; and
WHEREAS, 1h e purpose of the rechnica l Energy Audit and Projccl Proposal is lo identify energy
and waler conservat ion measures which, if imp lemented, wil l over a period of time justify the cost of
the Techn ic al Energy Audit and Project Proposal ; and
WHEREAS, 1h c parties wish to establish the tcnns and condi1ions under which Contrac1or will
pe rform the Technical Energy Audit and Project Proposal, compe nsat ion for which will either be
paid through an Energy Performance Contract to be later negotiated or, if no such Energy
Performance Contrnct is entered into, such compensation will be paid directly lo Contractor.
OW, THEREFORE, 1hc parties do hereby agree as follows :
I. EFFECTIVE DATE AND OTICE Of ONLIABILIT\'.
This Co ntract shall nol be effective or enforceable ~ntil ii is approved an d signed by the Ow1 ••·i-or its
dcsignec (herc in1dlcr culled the "E ffective Date"'), bUI shall be effcc1ivc and enforceable the, .. flcr in
accorda n c with its provisions. The Owner shall nol be liab le to pay or reimburse Contractor fi r any
performan ce hereunder, including, but nol limited to costs or expenses incurred , or be bound by any
provision hereof prior lo the Effrctive Date.
2. RE ITALS
A. Aut hority, Approprinlion, und Approval
Aull1ori1y ex ists in thl' law and funds have been budgeted, appropria ted and otherwise made
available and a sufficicn 1 unen cu mbered balance thereof remains availab le for payment und the
rcquirc,j approval , clearance and coo rdi nal ion have been ac complished from and with appropriate
elected nnd appointed Owner officials.
II . Purpose und St ate's Role
This Conlracl is for politicnl subdivismm, 10 use 10 obtain a techn ica l cncri:y audit t>flhcir
faci lities from o GEO pre-nppmvcd pn"atc cncrg)' service company (ES 0). The purpose of the
audit i~ to perlonn the Work se t f011h in §6. hclow.
Pagr..· I ofJ I
J. OEF'll'\ITIONS The fo llowing tcm1, as used herein shal l be cons1rucd and interpreted us lollc11,•s· A.Contract "Contract" means this Contract, us provisions, attached exhibit.s. documents incorporated by reference und~,-the temis of this Conlracl, and any future mod1f)·mg agrccmcn1s, exhibits. allachmcnts or references mcorpornlcd pun;uant to Owner's Fiscal Rules and Policies.
ll. Work
Work consists of the tasks Contractor is to pcrfonn in order to fulfill i1s obligalion, under 1his
Contracl.
c.Good s
''Goods"' means any physical ilem used, produced, or manufactured cu her separately or 111
conjunc tion with 1hc Wo rk perfo m1ed and Services rend ered hereunder.
O.Scrviccs
"SctViccs~ means scn·ices perfonncd or tangible material produced either ss-para1ely or in
conjunct ion wnh the Work performed and Goods pmndcd hereunder.
E. S ubcontrarto r
T hird -party vc1 1dors of goods and/or services. if any. arc hereinnficr re l erred to as
"subconlructors."
F. Parties
"Party" or "l'n111es" means one or hoth of the Owner and Conlractor.
4. T ERM nnd EARi,\' T ERM L ATION
A. Initial Term -Wo r k Co mm encem ent
The uullal h:rm of this Contract shall commence on the Inter of ci1hcr 1hc EfTcCLivc Date and
tcrminalc upon complct10n of Work. unl.-ss sooner tcrminatt:d as pro,•idcd for below, herein.
Pcrfom1:mcc of1hc ran1e.f respccth·c obhgnt10ns under this Contrnel ~hall h..-gin as soon as
pmcticahlc following commencement o f the initial term.
11. Tcmporn ry E1lc11slo11
At its snk discrc1 ion, 1hc Owner. upon wri11cn no1icc w C'ontracior, rnny un1lo1crolly cxlend lhc
kiln of1lus C'uniracl fc,r a period 00110 c~cc<.-d two mc111ths if the Parti~"I arc ncgoliating a
l'a~c l orll
rc11l.1cL1ncn1 ,umrJct (.tnd 11<>t m<·rcl) s.-ckm~ a 1cnn c,lc'llskm) JI nr near 1hc 1.111! of :tn) 111 JI 1cm, or an e\lL'fl""" thcr1.,1f I he JI"" 1,k111, of 1hc Comract m cflc.:t "hen <aid 0011cc "gl\cn. mcludmg. hu1 111>1 h11111<-d Ill price'\, raacs. and dch, 1.Ty rcquarcmcm,._ ,lwll remain m cfTcc1 durmg ,n,d I\\O momh cx1cns111n I ln\\e\cr. 1he l\\tHtk1n1h c,1cns1on ,hall i1111m.·daa1cly 1cr11111rn1c "hen and 1fa replaccmcnl cc11urnc1 hccomc, cflcc11,c following 1he 0\\'ncr', nppro\'UI :md ,1gna1urc. C'. l•:nrly Tcrminution Tins Commct is subjcc110 ear ly 1enm11a1101110 accordance with the pro\'is,ons oft he Rcmcd,cs ,cct ion below herein.
5. ST ATEME 'T OF \\'ORK
A.Work
Contractor shall perfom, a Technical Energy Audit at 111<-location(s) hstcd in Exhibu C. anached
hereto nnd mcllrporatcd by reference in accordance with the Scope of Work dcscnbcd in and
Fxhibil A. also anached hereto and incor1101ule<l h; reference her~in. The panics ackn,1wledge
that Exhibit C may be modi fi ed to include 011d exclude locations, but all such modifications shall
be i11 wr iti11g and executed b~ hot h parties before such modifications ore deemed effective. The
audit shnll determine the feasibility and cost ofimplcmenlins cncrS)' and water savini; measures
fo1 the Owner and, based on such dctcm,inotion, Co11t ractor ,·hall submit a Project Proposal
setting forth a plan for implementing such measures through, n Energy Pcrfommnce Contrncl.
Owner shall acknowledge aCCCJIIUOCC of the Technical Energy Au<lal Repon m II form
substantially similar to Exhibit 8 anachcJ hm.11,. Acceptance of the Technical E:ns-q;) Audit
Report shall not be construed a,, acceptance of the ProJect Proposal but is ~amply
ockno" lcdgcmem that the Technical Energy Audu Rl'J'(lrt ha:; hccn received and accepted by
Owner. OwnlT shall sc-c to n that the Noucc of Acceptance ofTcchnacal EnLTSY Audit Rcpon
(l:xhihu B) as received by Contrnctor wuhm tluny (30) dayi; ofOY.nlT', rccci11t nfthc Technical
l!ncrgy Audit Rcpon.
Not hing in Iha~ Contr~cl shall he construed lo r<.-quirc Owner to enter into an Ene rgy l'crfi,rmancc
Contract with Conlra~tor. However, ,hnu ld Owner in it s sole and absolute discret ion chnt1sc to
enter 11110 an Energy l'crfonnnncc Contract bu~cd on Contractors Proj1.-c1 l'rorcm1I. such u contract
shall he executed within sixty (60) days of Owner's delivery of the Notice of Acceptance of
'J 1...:hmeal energy Audit Rcpon (Exh1hi1 13) 111 C'<10trac1or. The deadline fiir e.wcullun uflhc
l.ncri;y Pcrfo'1nancc Contrnct may be CAt1.~11.k-d UJlOn request by Owner t<> alk1w Owner lo secure
th1r1l•1l;ln) funding nl"CCSSal') for 1111J)lcmc111a1~,n of the energy savings found w1th10 C'ontrnctor's
Pn,Jc'\.1 l'mposal.
An) Energy l'crformancc Contract entered 111tn lx.1\\l'\.'11 the panics shall C(1111ply with* :!4-.\0-
2()()1, C'.R.S.
II. Time of l'crformnnc c
The Work shall he complctt~I durin~ the init ial tcnn or m1y cxlcnsi,,n thereof.
C. Goods und Serl'ice, Commcmr shull pn,curc t,;<l(><I~ and ,cl'\""' ncccs~ol') In •"llll'k1,• 1he Work 11m, Kk,1 lor herein . U. Employees All pcm,ns cmployLxl hcrt•tmcfor shall he considered Con1rac1ors or suhco nlractors' cmployce(s) for all purpose~ a11d shall 1101 he employees of1hc Owner for nn,' purpose. 6. CONT RACTO~ COI\I PE'iSATJO,
A. Co mpensation Bas is and Amount
The amoun1 of Con1ractor"s compcnsmion for the Technical Enc.'1'g)' Audi1 and Project Proposal
sha ll be dctcnninc.-d m nccordnnce wi1h 1he Fc.-cs scc1 ion of the aun~hed Exhib it A, which Fees
shall be applied only lo facililics actually audi1cd hy Con1rae1or. f he Owner shall 1101 be liable lu
pay or reimburse Contractor for any performance hereunder prior 10 1he EfTecth·e Dale.
B. Pnyment Throu~h Energy Perform nce Co ntract Funding Mechanisms
Should Owner and Con1rac1or cn1cr in10 an En, ..,. Pcrlormancc Comrnc1 as contcmplo1cd undL'1'
Section 7 (A) above, any compensat ion owed lo Contractor aunbutable to complction of the
Technical Encryy Audit and Project Proposal shull be pa id exclusive ly 1hro ugh lhc fonding •
mechanisms set forth in the Energy Performance Contract. •
C. Pay ment in lhc Absence of Encri.:,v Performan ce Contr:ict
Should Owner and Comraetor 1101 enter in11, an Energy Pcrfonnancc Contract as providc-d under
Section 6 (A) dl,,wc. Owner shall rcmil payment 10 Contrador for the f.111 amounl of all
compensat ion owed to Conlraetor allrihulablc to the co mplc1ion of the Technical Energy Audit and
Projc.-c1 Proposal, wi1h any such compcnsn11on due under 1his sub-sccl ion shall be paid wilhin one
hundred twcrny ( 120) days of Owner's dcll\'cry of Exhibi1 B. Pm.,idcd, howC\ ·, 1hat 1fthc
deadline for entering mlo 1hc Energy Performance Cnn1rac1 i~ cxlcndc-d as allo"cd in sub-i;cdion 5
(A) above, 1hc deadline for payment of compen sa tion ui 1dcr this sub-section s hall likewise he
CXlcndcd.
D. Project With Insuffici ent Savin gs
The p;irtics ,,c~1K•wlcdgc 1IL111hc purpose of1hc lct.:mical Encrl!} Audll is 10 enable C11111ractor
to 1dcn1ify polc't1Lial energy and waler sa1·111gs whi ch, 1f implemented, will pm, 1dc °'' ncr with
fu nding options sumcicnl to pny the cc,sts of imp lementing such sav ings. Shou ld the C'c ,ntract or
dc1cnmnc al nny 1imc during 1he Technica l Energy Audit that savings eannol be attainLxl 10 meet
Ow11c'1'0
S lcrms a~ required by CRS §24-30-2001. thcTcchnic:il Energy Audd shall be 1crmina1cd
hy wriuen not ice by 1hc ConlraL10r to Owner. In this cvc:1t 1lus Conl rac1 sh.111 be lcrminatcd and
the Ow11er shnll 1101 he linh lc 10 pay Cont ractor, in whole or par1. the Comrcnsmion 10 Contraelor
spce1ficd in th 1> Section 7.
E. A• uilnhlc h111d s-Cn 111in~cnr) •Rcm cdic< The 011 nt-r 1s pmhihnt'<I hy la" li't•m making ris.-al c<>mm11mtn1~ bqn nJ 1hc 11:rm of 11, curmn fiscal pcnod. Therefore, Con1rac1nr's L"tlmpensalK>n ,s con1mgt-nl upon 1he a,nlmui.,;: arn1lab1lny of 011 ncr appmpna11on :is pm, Klcd m s2 o f 1hc C<>lorado Spcdal Pm, ision:,. sci fonh below hercm. If federal oppropna11ons orCon1mc1s fund this Con1ract in whole or m pan. 1hc O1\ncr·s pcrfonnancc hereunder IS conungcnl cnnn 1hc con1inumg arndabilil)' of such fund< Payment< pursuan1 101h1S con1ract ~hall only be 1mdc from a,•ailable funds t-ncumbt.-rcd for this C'onlmct. and lhc Own•-r·s hab 1h1) for such pa)mcn1s ~hall be hmi1cd 10 the amount n.T11aining of such encumhcrt'<I funds. If Owner furids arc,,.,! appropriated, or otherwise becom • unava1lublc h• fund
1h1S C'on1rac1, the Owner may 1mmcdia1cly 1.:rmina1c 1he Con1ract in whole or m pan wit11<,u1 funhcr
liahili1y in accordance wnh the Tcnnination for Cause subsection of the Remedies SL'CIK>ll ofth1~
Contract . All paymcn1s arc suhJL-CI to the general Remedies section of this Contract.
F. Return af l'und,
Any funds paid to Conlrnctor hereunder which arc not expended in connection herewith shall be
refunded by Co ntractor within 30 days of termination hereof. Any funds not required to complete
Contractor's obligations hereunder sh.II be de-o bligated by the Owner. lfContractor receives
overpnymcnts, C'o nl ractor shal l refund al l excess funds 10 the Owner within JO da ys of the Inter of
(I) the receipt of such funds, or
(2) the dt1cm1inn11011 of such o,·crpaymcnt. Under no circu mstun ccs shall uncxrcnded or
cxcc,,s funds reccivL-d hy Contractor under this C01:1ract be refunded or paid tn any pany
other than the Owner.
r.. t:rronrous P•) mcnh-Rcmcdlcs
Pdymcn1s 111:1dc 10 Contractor m emir for any reason. mcludmg. bui not hmucd to u,c-rpa)mcnls
11r improper payments may, at the Owner·~ sole discretion, be rca"crcd !rum Contrac:or hy
dcduc11on from subsequent paymcm under 1his ConlraL1 or otlx.-r contracts tx.1,wcr1 the O" ncr arid
Con1ractor. or hy other nppmpnalc methods.
7. R EPO R I ING-N OTI l'ICA TION
Rcr,.m, J1ld anal),I> ruiuin.xl under this SL'Clkln shall he in accordance with pn,ccdurc,, and 111 such
l<mn as prcscnhcd hy the 3: c ofCokiradn ,,uvcmor's Energy Ofliec,GhO.
Wuhin IS day, after hcing scrwd with any pleading or process lilcd 111 a leg.ii or adm1111s1rn1ivc
;,rocc,tling in :·n y coun or admin1stra1ivc agency related to th is Co n1rnct. Contractor ~hall nMify
the Ow11,; (If such action and tic liver ~"pies l>f such pleading~ to the O wner\ principa l
rcprc•:c111:itivc in ucc,,rdancc with thu Notice section of this Contract.
C"nmractur, failure to pm\'Klc rcpon, und 11<11tf} the°'' ncr in o 11111el} 111,mncr m ucetirJan~c ,111h tlu s scct10 n may r~sult ,nth,· del": nf pa} mc111 c,I funds and or tcnmnauon untie, !-cct •m 16 ,,11111s Cr,ntract. R. CONTHAC rOR RECORD S Contrnctor shall make . keep. maint:1111 ond ullcm mspcclion and monitormg 11f1hc following records:
/\. '.\l aintcn:ince
ConlrJdor shall mamlam a complete file of all records, documents. communications, notes and
other wnncn matcnals. electronic m<.-dia files or communications, pcnainmg many manner 10 the
Work. Com r:ictor shall maimain such records for (i) a period of three years after the dale th,s
Contract is completed or terminmed or final payment hereunder, whichever 1s later, or (ii) for
such funhcr period as may be necessary 10 resolve any pending matters, or(iii) until an audit has
been completed and it s findings havr been resolved.
n. Inspection
Con tractor shall permit the Owner or any other duly nu1hori1.ed agent of u governmental agency
10 audit, inspect. examine, excerpt, copy andlor transcribe Contractor's record~ related to this ill
Co111ract and for a period of three yc.irs folk,\\ ing termination hcrc,if or final payment hereunder. 111
\\ h1~h~vcr is later. 10 nssurc compliance" 1th the lcnns hereof or 10 C\'aluatc Cn111r:1l1nr';,
performance hereunder.
C. :'l l onitoring
Contracto r alw sha ll permit the Owner or nny other duly acr 1,,,iizeJ agent of a govcmmcntul
agency, in their so le discretion, 10 monitor ull uctil ilics com, . '..-d hy Cnntracll•r pursuant to this
Co111rnct using m1y rcusonahlc proc<.xlurc, including, but nol hmi1ed to: inlcnm l cvulna'i,1n
procedure!'. examination ofprowam duln, specia l analys,;s, on-site checking, uml lbrnu,; au<l il
cxuminal ions.
9. C-0:'iFlllt:NTIAL ll',FORMATION-OW 't::R REC ORDS
Contractor acl.nmvlcdgt:l> that 11 ma~ hcc.1111<· pm y 10 ronfKlcn11al infi1rma1i<•n m cunncctk111 wnh 11s
pcrlc•m~1ncc hereunder. 111cludini;. but 1101 lnmtcd 10 Owner r<.'Ctlnls. pcr.,onnel remrdi.. anJ
111fom~llklll L"llnccmmg individuali.
/\. Contid cntialil)
It shall t,., Co ntractor's rcspon,ihilily lo keep all Owner records and 1111i,r111ution c1111fidcnl inl at
0l111111cs und 10 comply wilh nil laws oml regula tions cc•nccming co nfid c ntiu lity ul'informatio n 10 • 1
the ,umc extent apphcahle 10 till' Owner. \n) re-quest or demand fnr in fbrm,1tion in the
possL,..,1<>n 1•fCm11rnclor ma,lc h) ,111) 1lnr<I p.in, ,hall he 1m11u.,l1ald) r.,rn.irJL-d to 1h,• O1111cr's pr111c1p,d rcp rcsc111all\ c tor r,·sulu11t>n, II. NoLin cat io n Con1ra~1or sha ll no11fy 11~ agcnl, c111ployccs. suh,co111rac1ori; and n~s1gn~ who mny come mto co ntact with co nliclc111inl information thal they nrc subjccl to 1hc confidcntiali1y rnqu ircmcnts set forth herein. and shall pm11dc each wuh a wri11cn cxplanauon of such requirements before 1hcy arc pcrmlllcd to access mfonn:HIOn .
C. Use, Srcur lt y, and Retenti on
1'0 confidcmial infonnation of any k111d shall be distributed or sold to any third party or used by
Cont ractor or its agents many way, except as au1horued by the Contract and as approved by 1hc
Owner. Co ntracl or shall provide and maintai n a secure environment that ensures con tid ent inlity
o f all Owner records and ot her con fi dentia l infom1ation wherever located, Confidential
mfonnauon shall not be r,1a111cd in any files or otherwise by Contractor or its agents. except as
set forth in this Contract and approved by the Owner.
D. Di sc losu re-Liability
Du. ·tosurc of Owner records,, oihcr con fidential mforrr.auon for any reason ma)' be cause for
legal actio n against Contractor or its agents hy third parties. and defense of any such action shall
be Contractor's so le responsibility.
E. P UBl,IC R ECOIW 5 LAW DI SCLOS UR ES
Co nt ractOl' acknow ledges th.it, us a govemmcm:•I entity, Owner may he requi red to disclose pub lic
records pursuant to the Colorado Open Records Act (§24-72 -WI, rt. seq.). ContrJctor agrees that.
should an)' public records in its posscssK>n be requested for productic .. 1 by O11ncr pursuant to a
ho11aflde request undL-r the Open Re<Xm!s Act, Contractor will provide such documents without
char!)C to Own t'I'.
10. CO NFU CT O f' I ITEREff
A. Definiti on und Appc11rn 11cc
Contradt>r shall not L'11g:igc in IUl) btc.mcss or p<.'l'SOnal activities or pracllccs or maintain any
rclnt•11Lsl11ps which 0onll1ct many way with th1· full performance of Contractor's obligations
hereunder. Co ntructor ocknowk~lgcs 1hm wuh rt-spc1,t to thi s Contract, even the uppcar1ncc of a
connict ol'intcrcst is harmfu l to the Owner's inler~ls. Absent the Owner's prior wr illcn
appro,·al. Conlractor shall refrain from any practices. activities or rclationsl11ps that reasonably
appear 10 be m confli1,1 with 1he full p;;rfonnancc ofCommclor's obhgations to t:ic Owner
hereunder,
l'ncc 1 o1 ~ I
II. Speclfir f'rohihilinns Ct>ntructor\ JJ!d sub-Contracwr\ ,111iccrs. cmpl{,ycc,. or ugcnt, ~hu ll ncuhcr ,nhcit nor acccp1 gra1u11ic;, fa1ors. or anything or 111onc1ory 1·aluc from Con1rac1or, ro1cn11al comracUlrs, or parties 10 i.ub-agrccmcnt, Contrac1or's cmpk>yccs. officers, and agents or any pcr111111cd ~uh-Con1ructor shall nm part1c1pa1c m the selection. Jward. ur aJministra11on of 1h1s Cnntract or sub-Contrac1 1f a conflict of interest or the appcaruncc 1hcrcol'w >uld ,1ccur. Such a conflict would arise when an} of the lollo\\ ing hos a financial urothcr m1cr,-s1 m 1hc firm ~elected for award, UH,n: L an cmplo) c-c, officer or agent;
iL any member of the employc-e's immediate family;
iii. an employee's panncr; or
h•. an organi,.ation, which employ"-or is about to employ, any of the aforementioned.
C. Dc1ermina lion by Owner-Def au II
lfCon1ractor is uncertain whether the appearance ofn conflict '.l finlercsl exists, Contractor shall
submit 10 the Owner a disclosure statement selling fonh the relevant details for the Owner's
considera tion. ·,ilure 10 pf(lmpt ly submit a clisclosurc s1a1c111cn1 or to follow the Owner's
direct ion in regard to the apparcm amOict shall be considcrc-d a 1:intcrinl default oflhi, Contract.
n. Code of r crfo rmmncc
Contractor and sub-contractors. if any. shall maintain a wrillcn code of standards govcming 1hc
pcrlimnancc of their respective employees, ngcnls, ond conlrn<.1ors cngng<.-d 111 lhc awnrd and
admm1s1rauon of this Comract. Contractor !>hall provide a copy of such code tu 1l1c Owner within
15 dn)'S of the Owner"~ "rntl'11 rc-c1 Ul'SI 1hcrcli1rc.
11. WARRA TI ES
A , S ervices nnrl Goods
Duri ng lhc tcnn of1h1s C11ntruc1, Conlractor, as pan of Contractor'~ ohhgation, hcrcu11dcr and at
no a<l<l1tK111al co,1 to the Owner, "armnts, a, li1llows:
i. Sp<.-.,1ficatKlllS
All Sen 1ecs pcrfom1<.xl and all Goods dcliwrcd shall 111cc11hc spcc 1fica1io11s sci forth in this
Contract and arc acccplablc 10 the 0\\ ncr
ii. S uits. C lnims, and ,\ctions
Th<.-rc arc nm nor will there he any pen.Jing or 1hrca1cncd suits, d1111~,. or actions of any type • I
wnh respect 10 the Services or Gum!, rn•l'llkd, ar.d
iii. Lll•n,;;; and Enl't1 mhr1111cc~ \II Sc-r, 1w, r<--rli•micd JIKI r,. ... 1, pm, •k-J urc .md ,hall rcmam free and clcJr 111 .m~ hen,, cncumhrancc<. or d:11111< ansmg h) 1•r 1hmugh Co111ra~h•r ,,ran~ I'""' rclawd "' C'omractor II. S1nndard and \Janner Of Performance Con1roctor ,hall perform 1hc \\'orl. in nccordance w11h 1hc lughcst ,1undard ,,r care. ,kill and diligence provided by a profcs.sional person or co1111,any in pcrforma,1cc of similar Work.
C. lnspcction and \"crification
The Owner re.sen cs 1he ngh1 10 111spcc1 all Sen ice< and Go,,ds pm"idc-d hereunder nt all
reasonable 1imcs and ploces to ,crif> 1ha1 they confonn to 1hc requirements of the Statement of
Work SCCll0n of this Control~.
lfthc Controctor brcachl-s any of ils warranties, the Owner may require Contractor 10 promptly
rcrfonn the Services or provide Goods again in conformity with Contrnct requirements. at no
additional cost lo the O"'Tlcr. If such brcaclic~ cannot he. or arc cured, the Owner may. in
addition 10 any other remedies provided or in this Contract. require Contractor to take nccC!.-sary
ucuon to ensure that futur e pcrfonnuncc co111t,m1s to th e provisions of this Contract: and
l"quitably reduce the pa)111cnt due to Contractor 111 rc0l·ct the rcducc-d \"Uluc of the Scn·iccs
pcrformcJ <1r G<l<Kl, pro, ,Jed. An~ reduct Km, dcla) or dl11ial 11f payment under th1, rro, 1S10n
shal: not t>>ll',I 1w1c a hrcuch of Cl•ntruct or dcfouh by the 011 ncr.
12. REPRESE1'TATIO~S
A, Licenses, l'crmits, Etc.
C' ..,,,,,actor warmnts that as of the EITcctivc Date It has. and that all times during the tmn hereof it
will have, m it> s • .-e,11cnsc. all hccrn,,·s, ccrt11icat ions, approvals, msurancc. pcnmts, and other
authoriz:11 io1t< required by luw to pcrfom, tl,c Services and/or deliver the Gonds specified herei n.
Additionally. all cmpk1)'cc-, ofContrnc111r rcrfonmng scn·1ccs i.ndcr this Contract ,hall hold the
rcquirl-d licenses or ecr11fic~IK>n. 1f an)", to pcrft1rm tlicir duties. Contr.1 ·tor, if a foreign
corporat"'n •>r other en tit y transnctini; busincs·, in the Stole of Co lorado. further certifies that II
curTc!llly has ohtamcd und ,hall maintain any applicahlc l'cn,fi c:itc <•fau thorit y tu do business in
the State of Colorado and ha.< 1ks1i;natcd a rcgi.,tcrcd agent in Cokirado to acCl-pl :,cn•icc o1
process. Any rcrnc:itklll. w1tlKlrnw:1I or 11111H'\,'llC\\ al of h,cnscs. cenificutions, oprro,·als.
111,urancc, permits ur any such similar rcqu1rcme11ts necessary for Contractor 10 properly Jlcrform
thil. Contract, slmll lic dccml-d to he :i default b)' Cunlmctt,r and grounds for termination for c:iusc
of this Contract.
II. l.ei:nl Au thority
C,,a1rJ,1<>r11 arrJni, lhJI 11 poss,-..sc, 1he legal au1hont) 10 cmcr m10 1h1, Cun1r,1c1 and 1ha1 11 hJ, IJ.k~n ,111 ac11om m1u1rcd hy 11, procedure!-. by-la11 s. and or applicable laws 10 c,crc1Sc 1hu1 • au·horny. and to la11 lull) .1uthon1.c II< undersigned s1gnatol) to execu1c this Contract and to btnd • Contractorio II< 1crms. rite pcr;on s1gmng and executing 1his Contract on behalf of Contractor hc·eb) represent<. wnrram,, and. guamntc,.-s 1l1J1 1hcy ha, e full au1honza11on to do so The Owner rcprci:ents that 11 is not hablc for an)' sales, use, excise, propcny nr 01h1:r ta~cs imposed b)' an) f~-dcral. state or local go\'emmental au1hor1t), nor for nn)' Con1rnc1or frnnclusc or
income related ta~. No 111).CS of any kind shall be charged to the State The Owner's FEIN /I is
84-6000728 and 11s IIIX exempt II is 98-03476.
13. INSl"RA:-ICE
Contractor shn ll obtain and maintain ins,1rance as specified below hcrein at all times prior 10 the
1cnnin a1 io11 or cxpirm ion of th is Co ntract:
A. Worker's Co mpensa tion
Worker's Compens ation Insurance us required by state statute, and Employer's Liabil11y
Insurance CO\'cring all of the Contractor's employees act ing within the course and scope of their
employment.
n. General Liability
Commercial GcnL-ral l.mbilit) Insurance wrilll'll on ISO occurrence form CG 00 01 10 93 or
t'qutvalent, c:overmg prcm1~cs Opl"l"Jtions. fire damage. mdepcndcnt contractors, products und
etimplc11.:d <'J>Crllllons. blankcl contractwl liabihl). personal injury, and advcnisi,,g liJbility wi1h
minimum hmns a( follows :
I. S 1.000.000 each occurrcnl'c
ii. S1.000.000 J:l't1cral Jggrl.'gatc:
iii. S 1.000.000 products and completed opcrmions aggregate; and
ii'. SS0.00() an)' one fire.
lfnny nggrcgalc limit is reduced below S 1,000,000 bcc;iusc of claims made or paid, the
Contrnc1or shall 1mmt'(limcly obtain udditionu l insurance to restore the full aggregate limit and
furnish to the Owner u ccrtif:catc or olhcr document satisfactory 10 the Owner ~howing
complinncc with t his provision.
C. Automobil e Liahllity
P•~c tOofll
i\uto111<1h1lc L1ahih11 111,ur,,ncc .:111 e1111c am aul(l I mdudml! 011 m.11. huul and non-<.m ncd autos) "uh, mtnunun h~1t as k1lk"'' S l.(MII.IMNI c-Jch .1cciJcn1 ";,.,mh1Md ,mglc linnt. D. Additional ln,ured The Owner shall be namt-d as udd111onal m<urcd on the Commercial Cicnt-ral Liab,lny and Au1omoh1le Liah,hty lru-llran.;c rohc,cs (IC.JS<"s Jnd C\ln<trumo11 c"ntract, require nddn10nal insured covcrugc for romplcted opcrau,ms on endorn.mcnb CG !0111 11 ~5. C(i 2037. or cqul\alcm).
E. Primacy
Co,eragc required ufthc C<>ntracl shall he primar) o,cr any insurance (lr sclf-msurance progrwn
earned by the OwnLT.
F. C ancellation
The Insurance shall include provisions prevt'llting cancellauon or non-renewal w11hou1 at lcasl JO
days prior 0011cc to the Owner by certi fied mml.
r..Subr ogatioo Waive r
All msurancc pohcil-s in an~ wa~ rcbtol 10 the ContraCI and S<.-cun:d an.I mamtamcd by the
Contractor as rcqutrc-d hcrc111 shall mc ludc clauses <latmg 1ha1 c-ach carriLT "ill wail'c all rights t>f
rcco• ~. under submg.i111.,n or other\. o.c. ag:imq the Owner. ns agencies. institution!>.
organaauon<. "ff:ccr<. agents. cmpkiyces. and ,·11lumet.-r1
11.Sat is factol') Insurers
All m<t:-anct' !IClhcics and cm erases required hereunder ,hall be issued b) rc'l'utahlc in,;urancc
u,mpan1es s:11isfac1ory lo 1hc Owner
l. Ccr1ificat es
Contractor shall pmndc n'l11ficatcs c, 1<lcncrng 111,urnncc ro, crai;c rcqu1r.-d hc«-undcr 111 the
Owner" ithin 10 busin,"'ilt days 1•flhc Effcct1vc Date or hcfurc commcnccmc11111fC1111tract!lr"~
pcrfonmnce hereunder. wl11chcvcr occurs first. ~n latcr than 15 dJ)'I\ pnor 1111hc cxp1ratM1n d,uc
of rut~ ~uch co•L-ragc. Ct1lllract11r ,hall dch•cr the Owm.,-cert11icatc:, of insurance c, Kkncmg
rcncwais thcroof. At onvtuncdurmgthc tcnn hereof. lhc OwntT mayroquc<J m 11n11ni;. and the
C"nntr.u.'11lr ,hall tlk.-r,:uJ"'n II nhrn 15 day£ !ruppl) t<> the O11ncr. c, 1dcncc satL<f.Mnry to the
011 ncr nf comp ha nee "i1h the rron~•>ns of tins 5''\.'1ktn.
1~-OH \l I f -BR E \C ll
l'.1rc 11 of:!1
/\. Oefioll'!I In add1t10n 10 JO)' hrcachl-s or dcfauhs specified tn other scct klt1.s ol 1h1s Contract , 10cl11<lmg. hul no1 hmnL-d ll1 the Colorado Spcci.tl Pruv 1s111ns. the f:11lurc of cllh~r Pun) 111 pcrfc,rm any ofi1s obhg1t1K)ns hereunder cn11rcly, panially, or 111 sa11,fnctol) manner. mcludm!,, bul no1 limned 10. perfonrnng them ma umcly manner, constnutL-S a default or brt'.l~h. The ins111ut10n 11f procccdmgs under any bunkrup1cy. insolvency. n:orgoni1.nl1t1n or ,im,lur lcg,sl:111011. by or aga111,1 the Contractor. ur the appointment of a rc.:civcr l>r similar oOic-cr fi>r the C"on1rac1or or UII) ,,r its proJJ<."l'IY, and such proceedings or appointmc111s arc 001 vacated or fully SIO)c~I \\ 11hin 10 da}s
after 1hc inst ittJlion oroccurrencc 1hcreof: ~hal l also constitu1c tt defau lt.
n. ;,,;oticc 1111d Cure Period
In the event oio default or breach. notice of such shall he ghcn in 11 nung by the aggrieved Pony
to the ot her Pony 111 the manner provided in the Notice sccunn ofthos Contract. If such default or
breach is not curc-d wi1h:n 30 days of receipt of written not ice or cure oft he dcfitull or brcoch has
not begun with111 said p..1'1od or h:t., not been pursued with due d,ligcncc, the nggric,•cd Party may
tenninntc this Contract by providmg wrinen notice thereof, given in the manner provided for in
the Notice section of1h1s Contr•ct. clfoctivc 15 days from the dote the not ice of termination was
received.
15. R EMEDI ES
ll'Cont rac1or is in defau lt unde r nny provision ot'this Contract oncluding, hut not l111u1cd Lo the
Special rn,VISK>ns. t ne Ownc-r shall h:l\e all ,,r the rcnx.-dics li,ted 111 this scctir,n m addot mn to all
01her remedies set t.,nh 111 other scc1111ns ofthL~ ('{lntr:icl and a, a,a,foblc at law or m cquny. The
Owner may cxcrcosc :my or 1111 of1hc mncdics nvailuhlc LO it, m i1s so le discretion, concurrc111 ly or
ronsccull\cly.
/\. Early Termination in th e Public Interest
The Owner is cnlcr111g 1111 0 this Con1r1c1 for 1hc purpose of carrying 11u11hc puhhc r<•hcy of the
Owner, as detenmncd by i1s clccK1l :uid np1111intcd ofliciab. 11 lhis (\1111rac1 ceases 10 further the
pubhe p<thcy of the Owru.Y. the Owner. m 11s sole chscrcuon. ,ru, tL·rmmate thL, Contr:oL1 m
whole t>r in pan. Exercise by lhc Ow nc~ of this ril,\111 sh,111 m>i he dccm~~I a hrc:,ch of1hc Owner's
obhgutKlns hercu1idcr. nus subsection shall not app l)' lo n lcnnmation of this Contract h} the
Owner lo r cause or dcl:11111 hy r11n1r:,ctor. 1••hich shall be£'" c-mcd hy the TtYmmation ft,r Cause
and/or l)cfou h suhscctum oflh1s Rcnocdic, scclll>ll,
i. ~lc lhu d nncl Cuntenl,
rht O1\nc'I' shall ghc 11r111cn nolicc of1crnun~LK1n 10 Cuntrac1or Ill an>.1rd.1ncc with 1hc 001icc
pru,·,~mn, :,f §IS. above, rind ~ 17, hclo,v, spccofymg the clkctl\·c dale oi lcnnination and
wlw1hcr i1 afft·ct; all or u pon iC1 11 111'1his C'u,nract . ~ 1
ii. Ol1li i:ntion• untl Rii:hts.
r" the c\tcnt pw1tic<l in 1hc 1cn11111Jt1011 m.,11.:c. Contr:ictor ,h;ill not 111rur fi11thcr 11hhga11uns or rcn<lcr :unhcr ;,cr:i,nn.1ncc hcrl'llll<kr flJ't the cffccmc daic 1,f such 0011cc. and :,h,,11 a t ... , tmn11 ,,1tc out,tandml\ orders aml ,uhcontmcts wuh third panic,. I ltrnc,cr. C'o111rac1or shall c.1mplctl and Jch,l'r to thi, 01\·ncr all Sm·ict.-.; and G(l(IUs not tcnmu3lL-d hy the tcnmnatk•O nc>tlce und may incur 11l>hg11tion, as arc nl-ccs,.,ry to do S() "uhm the Contract tcm1S. In the ,11lc Jl\crction oithc O" ncr. Contractor shall assign It• the Owner all u: Contractor's righl. 11tlc. and 11m·rcst under such tcnnmatcd o,tlcrs or suhcontmcts. l pon tcnmnat JOO, Contractor shall talc tnnd). r~a,onablc and necessary :iction 111 prolLX.i and p1cscrvt pr,,pc11y III the possession of C'ontmctor m which the O" nu ha~ an intL'TCSl .All limshed or unfhishcd documents. drua.
studies. rc<icarch, surveys, drnwing.s maps, model,. photographs, .ind rcpons or other 111atc11ll1
p~ hy Contractor under thts C'nntract. or 111Jtcnal1 nwncd h he 0-.mcr in the pos.scssi.>n
ClfC'omractor shall. m the option Mthc Owner, he dchv1.-rcd by Contractor to the Owner and
shall hccomc the Owner's pmpcn). C'ontrnctor shall complete and deliver to the Owner all
Sen IC(.'S and Goods not lL'Tlllir.atcd hy the tenmnatJOn notice and ma) mcur obhgations as arc
necessary to do so within the Cont~Jct tcn ns.
iii. Paymen ts.
If this Contract 1s termm:111.'d b}' the Owner for nny reason other than f.1r Cnu•c as described m
sub-section B ofth1; Section 16. Contrauor slwll be paid an amount" luch bears the same ratio
to the 1013I compensauon ns the SL'!"\ 11,-c; snusfnctorily pcrfomx:d or the Goods satisfoctonl)
delivered or 111s1nllcd bear to the total Sc r"iccs und Go,,rls covered by this Contract, less
pa)mcnts previously made AddllJOnall)', if the C'ontr>.:t 1s less than 60"0 completed. the
Owner may reimburse Commctor fi1r u po n ion ofactu nut-of-poclcl c~pcnscs (not otherwise
reimbursed undt-r this Comrnct) it mcuncd that nre dtrL'<'lly aurihutablc to the uncomplctc<l
pon1on ofC'ontmctc,r's ohhga1111ns hereunder; rr<', idc-d that rcnnhursemcnt shall not e.,ccro
thl' maximum amount payable l<• Contrac tor.
II. l"c rminatiou fo r Cuu,c und /or Dcfo ult
lfC'(lntrnctor foi ls to pcrfonn an)' nl us obligation, hcrcunclcr wuh such chl ,gencc as is r,:qutrcd to
(.'flsnrr 1hc1r L"mpk110n in a tunci)' manner .i1id such 110n-1x-rfi>n11ancc ci.1111inul"-following lli>ticc.
the Owner ma y 1N111f,· Contractor in wri1mg of such non-performance" hich spL-c1fics a cure
period. lfC'o11trnctu1 thcrcaflcr fai l, lo prompt I) cure such non-pcrfonmmcc within such time.
the Owner, ma). 11 us optKm. ll'fllltnatc this entire Contract or such part oftlm, C'ontratt as to
which there Im, hccn delay cir a fa ilure lO properly pcrfilrnL Exc·rcisc hy the Owner nfthis right
•lmll nol he deemed a hrc.1ch of dS ohhgat JO ns hcrcc,idcr
i. 1\lc1h od and C•nt cn l
The O\\ner ,hnll i:1vc wri11c11 nnlicc oflcnnination tu Contractor in ocrnrdancc wilh the not1cc
pnw1sK111~ hcrwf ,p1,-c1fymg the clkx.11,·c Ja1coftcrn11no110n nr.l "he1her tt ufTccts all c•r a
p(lnion (lftln• Contract .
ii. OhliJ:ulions und RIJ:hl~
fo the ,·\tent ~pcc1ficrl 111 the 1mn111a1101111,,ucc. Contractor shall not 111cur further ohlig ,ons or render fun her pcrfhrmancc hereunder past the cITccuvc time of ,uch m,1,cc. and shall also t 1cnni nat ,· 11ulstand111g orders and subcontmcts w:th third panics. I lowcvcr, Contractor shall c,,mplctc and deliver to the Owner nil Services und Goods 11.11 cancelled hy the 1c11ni11atinn notice and nJJy incur obhgations as arc nccc~sary to ~o so wnhin the Contract tent1S. In the sole dlSCfl110n of the Owner. Con1rac1or shnll 11Ss1gn 1c the 01vncr all of Contractor's nght, 1111c, and interc-sl undlT such 1cnnina1cd orders or suhcomra,..1..s. Upon IL'ITllina1ion, Contractor shall 1.1ke timely, reasonable and nL-ccssary action lo prutl'C' and prescr,c pmpcn y in the possession ,,fContrnctor in which the Owner has an mlcrcst In l~e sole discr~1ion of the Owm,T, Co111rac1or shall assign to the Owner all of Contractor's right, title, and i111ercs1 under s"ch
tcnninuted orders or subcontracts. All finished or unfinished documents, duta, studies,
resea rch, surveys, drawings, mops, models, photograrhs, and reports or other materials
prepared hy Con1rac1or under this Contract sha ll. at the option of the Owner, be delivered by
Conlr3Cl(lr 10 the Owner and shall become 11 • Owner's propcny.
iii. Payments
Thr Owner shnll only reimburse ConlrnclOr for accepted Sen ices and Goods rL-ccivcd up to the
dace oflcnnination and, if after tcnninnlion. it L~ determined that Contractor was 1.01 in default
O': that Controclor's action/inaction wos cxcusahlc, such termination shall be trcmcd as a
termination for other than Cause nnd the rights and obligations of the Parties shall be the sm11e
a~ if this Contract had not been knninatcd for cause, as de.scribed above h~-rein.
h, Oanntg~• ~~d Withholding
Notwith.,taod111g an)' other remedial acuon hy the Owner. Contractor also shall remain liable 10
the Owner for uny damages sustained hy the Owner by virtue of nny default under thL~ scclion
by Contractor and the Owner may withhold any payment tu Conlraclor for the purpose of
mit igating the Own~r•s damages, until such lime as the exact amount ofdumai;cs due to the
Owner from Cnnlrac1or is detcnnincd . l·u1thcr, the Owner may withhold amounts due IO
C'on1ra~1or us the Owner deems m.-ct-s..~nry to pmlc'CI the Owner a!Juinst loss because of
outstandmg hen.s or claims of fom1cT liL-n IM1ldlTS and lo reimburse the Owner for the exec-,<
L'OslS incurred m procuring similar goods or ~r.,.iccs. Contracinr sh:JII be liable for cxco.s eo,ts
incurred by the Owner 111 procuring from 1h1rd pani~s rL-placcmc-nl SLTViccs or s111'!.111u1e C,cklds
a..; cover.
f'. Remedi es Nol lnvo h·in,: Termination
I Ill' Owner, its S<>le d1>crc1io11 may cxcrci,c the following rcm,.i.lic, 111 udditklll to ii. other
remedies, lo-wit:
i. Suspend l'crformnncc
Suspend Conlr.1ctor's performance pcndmg nc'Cc!,,ary corrc'Clivc nclkm n, specified by 1hc
Owner without entit li ng Conlraclnr 10 1uljustmcnl in pricc/co~I or scht~lule; und/or
i i, Wilhhold l'n ymcnl
Wuhl»ld payment 1111he Contr.1•1..r un11I conc<.:l1<•n, on ><·r, !Cl" ,n c .,.,t,,tacwnly wmplct,xl ,md or ac,·cpwhk got•ds arc prn1•1dcd: and 11r Iii, Den )' l':t)'llll'llt Dm) pa) mcm tor those S<.1'\ ,c,.,, 11<>t fll'rk>nn,:d and or not pnwid,xl nnd \I Inch due to c1rcumstanc,-:-caused h)' the Con1racwr c:111001 hc p<.-rformcd, !lr if p,-rfnnn,-d. would he of no ,-aluc to the O1\n,'r: pro, Klcd lhat an~ dental nf payment must he rt·asonably related 10 the va lue of work 11r p;:rfimnancc k1sl lo the U\\ ncr: and or
;.,, Re moval
Demand removal oftonlrucwr's cmplnycl"i, 11gcnts, or subcuntracwrs whom the Owner deems
mcompctcnl, careless, insulx rdinatc. unsuuahlc, or otherwise unacccp1able, or whose
continued rcla1ton 10 this Contract 1s d,-cm,-d 10 be conlrat) lo 1hc public mlercsl or not m lhc
Owner's best intcr,-st, all such case;. hcmg wnhm lhc sole diSl-rction of Owner.
16, :-.IOTICE and REPRES ENTATIVES
A, Notice
All notices rcquirs-d to be given hercutl<ll'r shall be h.1nd delivered w11h rccdpt required or scnl by
certified or registered mail 10 such Part)"°s principal representatives al the addrs-ss se1 lorth below In
add 11 10n lo hard-cop) ncuicc. no1icc also may hc ,cnt by e-mail 10 1hc e-mail :iddr<'SSCS. if any. set
forth below. Either Part) ma) Imm tune 10 time dc-s1gna1c by \\Tlllcn 0011cc subs111u1c addresses or
persons lo whom such nc,ticcs ~hall he scnl. l in less <•lhcrwtsc provided herein, nil nmiccs shall he
c!Tcc11vc upon rcccipl.
n. Rcr>rcscntntivcs
The individuals li~t,-d hck,w arc the principal rcpr=nrnll\L'S of the rcsp,:.:lt\'C Purties. With re-spec!
10 the Owner's rcpr1.,;cn1mi\l{s). !hey ha, c authority to inspect and rcJCCI goods arid services. '
;1ppmvc 111\'0ict'S k>r fl:l)llH.'nl, and :1ct Nhcrwt><: for lhc (}ll'ncr. C.\CC!'I w11h rCSfll'Ct to the C.\CCUtklll
ufmodifica1i1111, 111 ur 1cnmnn1i<,n c,ftlu, Contract for 1hc purpost.'\ 11f1hi, ru111rac1. the official
rcpr,-senlalil'c(s) and uddrcs,cs of1hc Parties arc:
Owner:
Nmnc: M1du1d Fluhcrt v
·1 nl~Po~nn: llcruty C:.ny M:iuagcr
C'ityufEni;lcwood
Ad!!r,..,~: I 000 Em:lcwtK>d Park" A)
AddrC1-s: .!.:.!!~lcwood. tq_ KO 110
Tel: P0}J..]_62...,·2_.1_14,--__
Fax: (303)762-2408
_ M~ilc: (:i°O;J_) 210-0053
l'-Mail: 111fluhcrty~lcw11odg,,v.org
ii. C-nntraaor· Contractor J\ame. Amercsco Inc. Contractor Ren, Name: B N Trioathi 1 it le/Position: Vice President . Address: 9801 Wcstheimcr. Suite 302 Address: Houston, TX 77().1_2 ___ T d: (7 IJ) 917 6860 Fax: (7 13) 9 17 6859 Mobile: (832) 368 5655
E-Mail: btrioathi(alamerC>C,O.COm
17. GOVERNMENTAL IMM UN ITY
Contra~1or Name: Amcresco Inc Contractor Rep, Name: David Corrsin Title/Posit ion: Executive Vice President Address: 111 Spccn Street, Suite 4 I 0 Address: Framingham, MA 01701 Tel· (508) 661-2200 Fax: (508) 6(11-220 I
Email: dcorrsm<a ameresco.com
Notwit hstanding any other pm vision to the contrary, nothing hcreh, co nst itut es n waiver, express or
implied, of any of the immunities, righ ts, benefits, protection, or other provisions of the Colorado
Governmental Immunity Act. §CRS 24-10-101, ct seq., a.~ amended. Liability for claims for injuries
to pcr.;ons or propcny arising from the negligence of the Owner. its departments, institutions,
agencies, boards, officinls, and employees is controlled and limited by the provisions of the Act and
the risk management statutes, CRS §24•30-1501, ct seq .• as amended ,
18. MISCELLANEO US
A, Binding Effect
Unless otherwise provided herein, all provisions herein contained. including the benefits and
burdens, shall extend 10 and be hmdmg upon the Panics' respect ive heirs, legal reprcscntath·cs.
successors, and nssigns.
II. Modlfic,tion
Th1s Comraci ts subject to such lll(,Jatications ns may be rcquirc.-d hy changes 111 Federal or
Cokirado Stntc law, or their implementing rcgulat~ms. Any such rcquarcu rr,;>d1fic:it10n
nutt,matically shall be incorporutc.-d 11110 and he pan of this Con1rnc.1 on the e1Tc~11ve date of such
chnngc, as if fully set lon h herein . Exccp1 as specifica lly provided herei n. no modilication of'this
Contract shall be ctTcctivc unless ui:rccd to in writing by both l'nrtics in an amendment to this
C'<>ntraa. properly executed and a)lprovcd in accordance with 01\ ncr home rule statutes and fisc:1I
rules.
C', ~:ntirc Undcrs11111clln~
Tins Contract represents the complete integration nf all undi.-rst nndi ngs hctw~,1 the rartics and
all prior reprci;c.'OtatlOns and unikrstandings, oral or" riucn, arc merged hcrem. No prio r or
e<>ntemporancous addition. deletion. or other mnendment hereto ~hall have any force or affect
whatsoever, unless cmhod icd herem .
Page 16nf21
II. S,,, eruhilil~ l'r,,, kkd 1111, C'u111ra,1 can be ..-,ccuu.,J anJ pcrlonmmcc of1hc ohlig3tions nfthc ran1e-<. acc,,mph,h,-d "11h10 11, m1c111.1hc pmn,1<111s hereof arc sci crahlc and any pm11,Mm that 1s dedar1.-d m1 ahtl ur lx-u>1nc, '"''J)<:r:ihle for any rl'a.-<1n shall m,1 alfcct the l'3hdn) ofan) <>1h1.-r Jlr<'l "M,n hereof F_ Coun1cr part s This Contract 1na} be c~ccu1cd m multiple identical original coum<.-rpan~. all of which shall
constitute one agreement.
F. Wnh'tr
Waiver of any breach ofa term, pmv1sion, or rcquiremcnl of1h is Con1nc1 any righ1 or remedy
hereunder. whc1hcr cxplicnly 01 by lacl: t1fcnforccmcnt. shall not be conslrued or deemed os a
waiver of :my subsequent brearh of such term, provision or requirement. or of any 01her lcnn.
provision, or requ irement.
G. Assignmcnt-Nov ation
Exeepl as oth erwise specifically prM1dcd in E,hibi1 A, Contractor's rights nnd obl igations
hereunder ore personal and may not he trnnsfcrrcd. assignc'<I or subcontracted, and novnt ions shall
not occur, without the prior. wrillcn consent of the Owner. An) :1ttcmpt at assignment, tran sfer.
subcontractmg. or nuva11ons w11hout such oonscm shall be vc,id. All subcon1rac1s'suboontrac1ors
appm1cd hy Contrnctor or the Owner shall be subject 10 the provision, hcrcol: Contractor shall
be -<1lcly responsible for all aspects ofsubcomrocting arrangements nnd pcrfonnance. C'on1ractt1r
shall he S<>lcly responsible fM all suhcontractmg arrnngemcnts. dircc11on, and pcrfonnancc,
mcludmg, but not limited tCl. deh1 cry of Goods and JlCl'fonnancc ofSe1"·1ccs. Contructor shall
require and cn.,urc that each ,uhcontractor ao;scn1s in writing to all of the prov~sions hcrco(
111clu,hng 111dcm111fy1111.! the Owner a.< required widc-r the Colorado Spt.'Cml Provisions, belo11
ht..'TCIII.
II. Third Part) Rcn elkinric~
Enli1rccmcnt ofthL, n,mract :ind all rights and obligations hcn:undcr arc rcscrwd solely to the
l'nmL"', :11KI m,t to ~II) third pany. Any service,; or benefits which third panics rc'Ccivc as a rc.,ull
ofthLs C'ontruct :ire mcidcnt:11 In the Contract. and do not create any rights fi,r such tlurd parhcs.
I . Sul"·h,:,I or Certain Contrncl 'J crms
No1wi1hstuntli11g anyth ing herein to 1hc cnntrnry, provisions ol'th1s Contra ct rLx1uirms C!>1llinuc1I
pcrfonnnncc, compliance, or effect alter 1cr111ination hcrcol'. shall surv11'c such tcnninnt1on nml
shall lw cnlhrccahlc hy 1hc Owner ifCnnlmctor foils 10 pcrlo1111 or comp ly us re<1uircd,
.I .. l11 rl~dl,·1h111 nnrl Ven ue
l'a~c 17 ol 21
All \Ult~. uclklll\, ,,r prucet.'llmgs rclalL'd 10 thi, Contract shall be held m the State of Colorado und the Parties ht-m) aHri.-c thtll ,cnuc shall be proper m the C'11unt) o f Arapahoe. 11:.Captions The cuption~ and headings m thls Contract are for convenience of reference only, and shall not be used to 11111.-rpri.1 , define. or lnmt its provisions. I .. Rule of Cont rac tion
While the Owner drafted this Contract, the Pnnies agree that th is Contract shall not he strictly
construed against the drafter.
M. Order of Precedence
The provisions o f this Contract sholl govern the relationship of the Owner and Contracto r. In the
event of conflicts or inconsistencies between this Co ntract and its exhibits and attachments, such
co nflicts or inconsistencies sha ll be resolved by reference 10 t~ documents in the fo llowing order
o f priority :
v, C olorado Special Provisions
vi. Exhihlt A, th en
vii. Exhlhlt 8 , then
viii. E xhihll C. th en
ix. Exhibit 0 .
19. COLORA DO PECIA I, PRO VIS IO 'S
The Special Provisions apply to all Contracts except where noted in ita lics.
20.1. OWNF.R 'S Al'l'ROVAI-
This contract shall not he deemed valid until 1t has lx.-cn approved by the Owner or dcsigncc.
20.2. FUNO AVAi LABll,ITY.
Finunciul obligations of the Owner payable after the currcn1 fiscal year arc contingert upon funds for
that purpose hci ng nppmprintcd, budg~tcd, and otherw ise made available.
20.:l. I NDEMNIFICATION.
Co ntracto r shall indemnify. sa, c, ~nil hli ld harmless the Ow ner, its employees and agents, aga inst nny •
and al l claims. damages. liahi ln~ and wurt uwords including costs, expenses, and utlorncy fees 11ml •
!'age IR of21
rdJtl-cl l.'.\hh. m'-urr1,.-d a, a r'--sult ol :m) Jl.!t or 01111~,K•n hJ Contr;1~1or. ur Its cmplo}Cl". ,tµt•m,. sub.:ontr.101,,r-,. or a."1gn<'<" pur-,ua11110 1hc 1crms ,,r this contra~1. 20.4. I NDEPENDE NT CONTIUCTOR. Co111rac1or shall pt•rf<,rm us duties lwrcundcr •L' an mdcpcndcnt comrncmr and 1101 as tin employee. Neu her contractor nor nn) agent or employee of con1rac1or i>hall he or ,h.111 be dccm<'tl 111 be nn agcnl or cmpk1ycc of the O" ner Contractor shall pay when due all required cmplo) mcnt taXi.'S and mcnmc taxi!$ and local head ta~cs on nny monii.'S paid by the Owner pursuant to this contract. Contractor nckno\\ lcdgcs that comnic1or and its emp loyees are not entit led to unemployment insurance benefits
un less contractor or u third pany provide s such coverage und that the Owner docs not pay for or
othc-rwi<e pro"ide such coverage. Contractor shall hnvc no authori7.mion, e~prcss or 1mphcd. 10 bmd
the Owner to any agrccme-n1, liability or understandmg, ~ccpt as c.~prcssly set fonh hcrcm.
Contractor shall provide and keep in force workers' compensation (and provide proof of such insurance
when requested hy the Owner) and unemp loyme nt compen sal ion insurance in t he amounts required hy
law and shall be so lely responsible for its acts and those of its employees and agents.
20.5. NON-D ISC RIMIN.,TION.
Contractor agrees to 00mply with the letter and the spirit of all applicable Owner. State and federal
laws respecting discrimination and unfair e mp loyment practices.
20.6. CHOICE OF LAW.
The laws ofme State of Colorado, and rules and regulations issued pursuant 1hcrL'\o, shall he apphcd in
the intcrpr..1a1ion. cxccu1i<,n, and enforcement of this contract. Any provision of this contract, whether
or not incorporated herein by reference, which provides for orbit rat inn by any cxtru-jud icio l body or
person or which is otherwise in conflict II ith said lall'S, rules. and rcgulo11ons shall be con.sidcrcd null
and l'Oid l\othmg contained in any prol'ision incorporated herein hy reference which purpons 10
negate this or any ,,thcr special provision m whole or in pan shall be ,•ahd or enforceable or available
in any action at law, whc1her by way of complaint. defense, or otherwise. Any prov1~ion rcndcrc-d null
and void by the operation of this provision will no t invalidate the remainder of this contract, to the
extent thm this co111ruct is capable of execut ion. At all times during the rerf<>rmancc of thi1 con1rnc1.
Contrncwrshall strictly adhere to all npplicablc fcdt-ral and Stale laws. ruk<;, and r--.:gulat~1ns th.11 ha,c
been or may hc-rcaftcr he ~tabhshcd.
20.7. s mTWARE l'IIUCY l'ROIIHIITION.
Go,cmor's Executive Order D 002 00. No Owner ur other public funds pa)ublc under tl11 s contraL1
shall he ust-d forthc acquisition. orcratkm. or mainte'Tlancc of computer software in , iolation of federal
cx,pyngh1 la"< or applicahlc liccnsini; rL-strict10ns. Cc,ntracior hereby CL'l'lifics that. for the term ofll11s
cru1traci and any extensions, Contractor Ii~• in place npprorriate systcnis and control~ to prevent such
improper use of public fuml,. If the Owner determines that Contrnctor is in vio lation ofth1s pnragrapll.
the Owner may exerc ise nny rcnl\.1ly Jva1lablc al law ur equity or under this contraL1, including.
wnhout hmitauon. 11111ncdia1e tcm•1.1:11ion of this oontract and any remedy coru;istcnl with federal
copyright laws or apphcahlc liccnsin i; L-.,r1<.1ions.
20.k. EMl'LOYl1~: F INAN C IAL INTERtST. CHS §24-18-20 1 nncl §24-50-507.
l'hc signatories a,·cr thut to their knowlc,lgr-, no employL-c of the Owner ha s any pL'rs(ll\al or hcnctic1al
intcrc,t \I h.1t'()c, ,·r 111 the ,-n 1cc or JJl'llJlCrlY dcscnbi.-d III this contract.
l',ige 19 uf21
20.9. Pl lllLIC CONTRA TS FO R SER \'ICES. CRS ~H-175-1111. Contracmr certifies. warrants, aml agrees that 11 clc>cs not knowin gly employ or con tract with an illegal alien who wil l perfom1 work under thi s contract and will confirm the employment eligibility of' all employees who are newly hired ror cmp loymenl in the United States to pcrfonn work under this contract, through participation in the -Verify Progra m or the Department program established pursuani to CRS §8-17.5-! 02(5)(e), Contractor shall not knowingl y employ or contract with an illegal alien to perfonn work under this contract or enter into a contract with a subcontractor that foils to certify to Contractor that the subcontractor shall not knowingly emp loy or con tract with an illegal a hen
to perfonn work under this contract. Contractor (a) shall not use E-Verify Program or Department
pro!,'l'am procedures to undertake pre -employment screeni ng of job app lican t s while this con tract is
being performed, (b) shall notify the subcontractor and the Own er within three da ys if Con tractor has
actual knowledge that a subcontractor is emp loying or contracting with an illega l alien for work under
this contract , (c) shall tenninalc the subcontract if a subcontractor does not stop employing or
contracting wit h the illegal alien wit hin three days or receiving the notice, and (d) sha ll comply wi th
reasonab le requests made in the course or an investigation , undertaken pur suan t to CRS §8-17.5-
102(5), by the Colorado Department or Labor and Employment. Ir Contractor participa tes in the
Departmen t program, Contractor sha ll de liver lo the Owner or po litical subdivision a wr itten, notarized
affirmation, affirming that Contractor has examined the legal work status or such employee, and
comply wi th all of the other requiremen ts of the Department program . 1rContrac1or foils to comply
wi th any requ irement of this provision or CRS §8-17.5-101 ct seq ., the co ntracting Stale agency,
institutior, of higher educat ion or po litical subdivision may terminate this contract for breach and, if so •
tenninatcd, Con tr3ctor shall be liable for damages. •
20.10. PUIJLIC CONTRACTS WlTII ATURAL PERSONS . CRS §24-76.5-101.
Con tractor, if a natural person eighteen ( I 8) years of age or older, hereby swears and affirms under
penally of perjury that he or she (a) is a citizen or otherwise lawfu lly present in the Uni ted talcs
pursuant to federal law, (b) shall comply with the provisions ofCRS §24-76.5-10 1 et seq., and (c) ha s
produced one lonn or ident ification r..:quircd by C'RS §24-76 .5-103 prior lo the effect ive date of this
contract.
P,igc 20 of 2I
TIIE PARTIES HF.RETO II AVE EXEC!ITE.D THIS CO:-IT RACT Per<ons signing for Coutractor hereby S\\ear and affirm that the) nr c authorl1,cd lo act on Contractor's behalf and ackno11 ledge that the 011 ner is rclyin~ on their representations 10 that effect. CONTRACTOR: Amcrcsco, Inc. Name: B. N. Tripathl
Title: Vice President
Signature
OWNER: City of Englc11ood Name: Mike Flaherty
l'u gc2 1 of2 1
1·.,hihit \ 10 I l•chnical E nrrg~ .\u dit & P rojec t P ro1w,al Contrar l Sco pe of \\'or l-C it~ of E nglc11 ood 11 Uatu nnd In format ion ( ,,11.-ct d,11;1 and h.,clgmund mfi,mtltk•n ln•m O\\ncT c,111n1111ni: lac1h1, op<,-rJt•in J1k! cn,Tg~ u,c for then•"' rc'<l'lll thrt-c ~cars from the cfTc.:m c daic ,,f th,, Cnntract a., f<1llcnv, a. Bu,ldmg "lur1rc h•llagc h. Constru<1Km datn ,,t hu,ldmg, and ma.~ir addi1ions ,~cluJing huildmg cmeklpc c. l 1il11ycompan) 111,01c,-;
d. Occupancy and usage mfom1a11on.
c. D,scnpll<ln nf all cncrgy-c.1nsummg or cncrro-sa, mg equipment US<.'<!"" the pmm,cs
f. Dcscnpllon of cncrg) 111:magcmenl pmc,-durc:< u1ili1cd on the prcn11s,-s.
~-n,-scription ofun)' c11crg)-rclat,x! 1111pnwcmcm< made or curr,111ly hemg nnp!cmcnt..-1.
h. Oc.cripuon of any changes in the structure of the facili ty o r cncrg)-usmg or" ,lier u,mg
,-quipmc111
I.Dcscrip1 1on of fu ture plan, rcgnrdmg hu ildmg mod1fica1ions or cq u1pme111111othfica1h,n, and
rcplacc111en1s.
j.Drnwings. u.s uvui lub le (may in cl ude mecha nical. plumbing, clec1rieal. hu ildin g t1u10111at1on 11ml
,.,,npcra1urc controls, s1ructurol, orchi1ectura l. modifica1ic,ns and remode ls).
k. l 'r iginal cons 1ruc1ion suhmi ttuls und facwry daia (srccificu1k1ns. pumr curves, clc. ). as
~,a il nhlc.
I.Operating engineer log,. maintenunCl' work orders. c1c .. as avai lable.
m. Rccor<h of mamtcnnncc cxpcndi1urcs nn cncrg1 •u~ing equipment. mcludmg ~en WL' rnntr;1c1s.
n. Prior 1.1llTgy audits t>r <tud1cs. if an~.
2) ldcnlifr Potcnt iu l Mcn surcs
a. lnt,~ic" ind ividual, with I.no\\ kdgc11f1hc focil11y such us the foc ili,~ managl·r. ma1111cnuncc
,ion: suhcnn1rac111rs nnd 11ccup:1nts nfcach hu1lding rcgardmg:
i. l·ac1lil)' npcralK>n, includmg cntTg] managcmcm pructx!ur,s,.
ii. Fqu1pmcnt mauilcnant'C problems.
iii. Cumli,n rruhlcms and r,-qu1rcmc111s
i,·. l'qu1p111cn1 rch:1h1ht).
, . l'n•Jl.'<tcd l~(U1pme111 nc,-d,.
, i. Occuranc~• and use ,cl11.-duk.., lllr the fac1h1~ and sp<,'C11ic ,-qu1pmc111.
, ;i. Facilit y nnpm, cmcnts 11,L,t, plannLxl and dc:<ir1.-d
h. Sun C) 111.IJ(tr cncrgy-usmg 1.,qu1pmcnt, mdudmg. hut ool li11111~-d Ill. hghtmg ( 11Kln11r .mJ
11u1d,w1r). hca1111i; and he.ti distrihu11011 s~s1cms, cuohng systems and rl'la1cd l'IJUIJ1111cn1.
au1t11nat1C lcmpcrnlurc .:.rnlrol S)stcn~, and L'(JU1pmL111. air dislrihutK>ll "·stem, mKI 1.-qu1p111enl.
<1Ut,!,,.,r <L1111l.111c111 system, and •-qu1p111cm: cxhnu~t system~ nnd ,-qu 1p111cnt. h<11 waler ')'lems.
clc.111c n•>l<1rs. tr:111,1111"11,n and ,lme ,yi.1cms. special sysicm, such us kitchen tlm111g
• cq L11pmc111 and ,w11111111ng 1x111I,. rcncwahlc energy systems. other energy using system,. water
~rn,summg system,. such a, rtstrnom fixtures. waler founlains. :md irri gation ~ys1cm~.
r . l'crfi,rm "latc-n1 i;h1" surveys uu1s1dc nf,x,rmal husmcss hour; or11n weekend s 111 mn lirm
hu ,ltlmi: syslcm am! occupancy sc hedules, ,f deemed necessary.
11. Develop II prcl1 111i11ary hst t•I po 1c1111ul energy and wutcr saving measures. (\,nsitlcr lhc
li•llowing fur each ,y,tcm:
i. Cu111ll1r1 and 111.III1Icnam::c prnh h:n1s.
ii. I ncr gy use. lo.,t!s, proper si1111g. cl1icic11c1c, and ho urs nfopcr,111011
iii. Currmt oix-r:itin~ cnrl<lnk>n. h . Rcmauung u,dul hie ,. Fca~ihrhl) of ,)stem rcplaccmcnl. vi. 1101,ardous materials nnd other cn1 iro111ncntal concern~. ,·ii. Owner'< future plnns for equipment replacement or hurlcling rcnnvm1<1n, , iii Facilny operation and maintenance pr(lccdurcs th3t could be aITcCll'll. ix. C"ap,:rbiht) to monuor cncrg) perft,nnancc and vcrif) ,.,, mgs. Ji Base-Year Consumption . Estnbfi_~h base-)car consumption and rcconcrlc wrth end-use consumption estimates. o. Establish appropriate base year consumption by examining utility bills for the past three )'curs
for clcctncity. gas. propane, s1ca1n. water. and any other applicable utili11cs. P1t-scn1 base year
consumprion in terms of c:nL-rgy units (k\\'h, kW, cc( Therms. gallons, or other units used rn
hills). in lcmt~ of energy unns per square foot, rn terms of dollars, and in ll-rms of dollars per
square fool. De-scribe the process used to determine the bnsc ycnr (averaging, selecting mo,1
representat ive contiguous 12 months, remova l of anomalies, or other statistica l or wea ther-
normalized method). Consult with faciliry personnel 10 a~count for any anomalous schedule or
opcra1ing cond11ions on billings that could skclV the base ycar representation. Contractor shall
account for periods of time when equipment was broken or mulfunctioning rn calculating the
base ycnr.
b. Estimate louding. usage and/or hours of operatio n for all major end uses of total facility
consumption including. but not limited 10: lighting. hr.ating, cooling. motors (fans, pumps. and
other pcrt:ncnt). plug lollds, and other major energy and water using equipment. Where loading
or usage an: highly uncenarn (including 1·Jriable loads such~ cooling), Contractor shall use rts
best Judgment. spot measurements or shon-tcrm monitoring. Contractor should not assume that •
equipment nm hours equa l the operating hours of the huild ing(N) or faci li ty staff estimates. •
c. Reconcile unnual end-use estimated consumption with lite annual base )'car consumption. Tlus
reconciliation shall place reasonable "real-world" limits on potential saving.•. Propose
adjus11ncnt, to the baschnc for cncrg) and 11111cr s.J\'ing measures that shall he 1mplcmcnll"I m
the future .
rl. Fo r fircilitil.'l-constructc.-d mul occupied prior ltl July I. 2005. establish the actual FY 200512()()6
haseline ut ility consumptron and compare 10 the EPC b:i.sc ycur consumpt ion. Document,
lllllliy,c, und defend all variances between the EPC" b:i.se year consuinption values and the actual
FY W05 2(10ci facility h.swhnc utihty consumption.
4) Preliminary Ana lysis. Dcwlop 11 preliminary analysis ofpotm11al energy and 11a1er saving
measures.
n. List all potential oppo nunitics. whether cost-clfoctive or nut. Co nsider 1cchnnk1gics in a
comprchen,l\c approa~h mclurling. but not hmuoo 10: lighting and daylight mg systems,
hc:11ini; \'en11la1ing air t-unduro11mg cqurpmcnt and dis1rihu1ion systems, contnrl, systems,
burldrng Liwclopc, motors, kitchen cqurpmcnt. pools, rcncw:rble energy system.\. other special
L-quipmcnt, irrigation sy,1e111s, und water s:rvmg devices.
h. Identity measures which UflJl'-'<lr likely to be cost en"cct ive und therefore wnmmt dctaill.'11
analysi,.
c. For cach r:1casurc, prepare a preliminary est nnute of energy or water cost savings including
description of analysis methodology, supportrng calculatron, and assumptioM used to estimate
sa\"ings.
5) Prelimina ry Meeti ng. Meet w,thi Owner to present preliminory :m:1lysis prior 10 complete analysis. ,Ill
Describe how the projected projc-.:t l.'COOOmrcs meet the Owner's tcnns 1hr oom11kting the •
Technical lanerg) Audn and Pmp<•<al <'omrnct Discus., assessment of encrg) use. sa"ings
po1cn11,1I. pn,Jl'CI oppon unn,es. J.ll<I p,,tl'11t ,nl lor tlc, ci.,pmg an cncrg) pl'fi<lrrnancc •~•ntract. Dc,clop a h,t ofrcC(>mmcn<lcd mca,ur.-s for funhcr ,inalysi,. The Owner shall m 11s tl1scrc11un. ha1c the opuon 10 rc;cct an~ prcscntc-d calculm,ons c,f sa\'mgs. potcnual sa1 mg, a!k111 L-d, or proJccl rccmnrncnda1 ions. b) Suvings and Cost Analy~is. Analy,c suv111gs and costs for each mu1unlly agreed 10 energy and water saving meas ure and any 111u1ually 11grc1•d 10 capital improvcmenl measures. n. Follow the methodology of the American Society ofl-f eating. Rcfi-igcra11on, und Air Condit ioning Engineer.; (ASI !RAE) or other nat ionally-recognized nulhoruics following the engineering principlc(s) iden1ificd for each rc1rofit option. b. Uti!i,.c assumpuons, projections and baselines which best represenl the true value of future
energy or operational sa,•mgs. Include accurate marginal costs for each unit of savings at the
1imc the audit IS perfonncd. documentation of material and labor rost savings, adjustments to the
baseline to re0ect currcn1 rondnioris at the facil11y. calculations wh1ch acrounl for the interacti,c
effects of the n:aimmcndcd measures.
c. Use best judgmenl regarding the employment ofinstrumentalion and recording dhratioris so as
to achieve an accurate and faithful charactcri7,ation of energy use.
d. Use markups and fees stated in contract in all cost estimates.
c, Develop a preliminary measurement and verification plan for each mea su re.
f. Fo llow additional guideli nes for ana lysis and report preparation given below.
g. Include cost to provide services and complete app lication for ENERGY STAR Luhd. LEED-
EB certificat ion for Existing Buildings, or 01her certification.
7) Orn ft Audit Re port. Prepare a dral\ Technical Energy Audit Report . The report provides an
engineering and economic basis for negotiating a potential Energy Performance Contract between
the Owner and the Contractor. The report shall include:
a. OvCJ"\1 icw.
i. Contact information
ii. Summary 1able of rccommcnd~-d cnt-rgy and water sa\'ing me.1sures, wnh 1tem1zat ion
for each measure of total tlcs1gn and construction cost, annual maintcnnncc costs, the
first year cost u1•o idancc (111 dollars and energy/water units). simple payback and
equipment service Ii fc.
iii. Summary of annua l cncrg)' und water use by foci type and cost, o r cx1st111g or base year
condit ion .
ii. Culcu lati(ln of cos t savings cxpcc1~-d if all recommended measures nrc im plcmcntc<l and
iota! percentage snvini:s of1owl facili ty energy cost.
,·. Description of1hc existing focilily, mechanical and clcc1nc11! systems.
,,i. Summary description of measures, including estimated costs and savings for each as
de1ailcd abo,·e.
vii. Dt~cuss,on of mcasurl"S co1tsidcrcd but nol 111\'L'l'llgaled 111 detail.
1•111 . Com:lusioris and nxom,ncndllt ions.
h. llasc year (.'11crg)' use
i . Dcscrip11on and itcmi7,ation of current billing rates, including scheduk"' and rKlcr;
ii. Summary of all uulity bills for oil foci types and wa1er.
iii. ldentifica1io11 and definition of base year consumption and dc;.cr1p111111 of how
established.
iv. Rcconciliaiion ofcstiniatcd end use consump lion (i.e. li gh1111g, coo li ng. heat in g, fan,,
plug loads, cle) with hasc year (include discuss ion o f any unusual findi1 1gs)
c. Fltl l dcscripl ion of each energy aml w111cr s.wing mea sure including:
i. Written dcscrip11on of:
•\ r~x"ung wndnK,n, fl Description orcqu1pnw1111,1 he m,wllcd and ho" 11 shall func11on . • C' Include discuss ion of fltcli1t)' npcra 1in11s and 11min1c11un~c proccdu1 cs; that shall he • 1 nffcclcd by msrnllntion 11np lcmcntntion. I) Present the plm1 for insrnllmg or implementing the 1cco111mcndmion. ii. ~a, mg.s cnlcula1ions: A. Ba."-' year energy u,c and cost 8. l'o!'t•rcuofit encr1n use and cost (' Savmgs estimates mcluding analysis methodok,g)', supJl('lning calculniions and nssu mpl 10ns uscd D. Annual savings es timates. The cost savings for all energy saving mca~ures must be
detcrmmcd for each year during the contract period. Savi ngs mus t be ab le to be
achieved e.ach year (cannot report average annual snvmgs over the tenn nfthc
rontract).
E. Sa, mgs mtm be hmncd to s."ings allowed b) the Owner as described a\>c11 c
F Pcrccn1 COSl•avoidance projected.
G. Dcscrip110n and calculntions for any proposed rate changes.
H. Explanation of how savmgs mteractions between retrofit options arc accounted for
in calculations.
I. Operation and mainte nance snvings, including dctuilcd calculntions and
dt-script ion. Ensure that maimenancc savings arc only applied in the applicab le
years and only during the lifetime of the particular equ ipment.
J. If computer simulation is u,cd. include a short dc:.cription and stale key mput data.
If requested by 011'ncr, access ~hall be provided 10 the program and all assump110ns
nnd inputs used. and/or pnnt(>Ut~ shall be pm1 idcd of nJI input files and importo111 t
output files and included m th Technical Energy Audn wnh documentation that
explains how the final ,nl'tngs figures arc derived from the simulation pm-:ram
output printouts.
K. If manual calculat 1ons urc ,·mploycd, fo rmulas, nssumplltlns and key data shall be
SlUlcd.
L. Conclusions. obser"mions. cuvcats.
iii. Cost ~mmtc -Include all mfonnmion required under CRS §24-30·2002 a., well •" u
d<-1ailcd scope of the construction work suitable fora1,1 cstimatmg. Include all
nnucrp:lll'II costs assoc,atcd with m,tallation and 1mplcmen1nt10n. Provide prchmm.iry
Sf'l'Ctlic:1t10ns for 1na)Or mcch,m1cal etnnponents a~ well n, dctaikd lighting nnd 11atlT
fixture counts. The followmg shall also be included:
A. l·nginccring/dcsign cMts.
ll. C\•ntr:,ctor/vcndor cs1111m tcs fi,r lubor. 1m1tcriuls, anti equipment: include spcciul
priw1sions, 01•crtimc. an<l all other appmpriatc item,. a< ncc<kd to accomplish the
W(lrk with minimum <farupt~•n to the operations nfthc lacilities.
C'. l'L-rmit COSIS.
I), Construction management l•-cs.
E. Envuonmental co,ts or b<.'llcfits (disa><>i.il. avoided cm1,,10ns, handling o l
ha,ardous mats-rials, on<l any 11tht.-r related costs).
r:. Note that all markurs 1111d fees stated in Exhibit I) lo l he Tcchmcal Energy Audit
1111d Project Pmpo,al Cnntrnct (TJ.::/\l'P), to which tl1is Fxhihit A is alluchcd, sh;1II
he usl~I in the cost estimate,. unless otherwise dncumonwtl und just ified d ue lo t
change in sco1lc nr si,c of project or other unfnrcscc11 circumstances.
G. CnnclusK>ns. oh,Cf'\·Jtk1ns. ca, ca1, H. O1hcr c,,si ca1cg<>nc, n, defined alx,vc und er "mnr~ up," 111 ('u111ract. d. M i,ccllancoll5: I. b1im:11c of average useful ,crv1cc hfc of cqu1pmcn1 ii. Preliminary commissioning plan iii. Prclimmnry mcai.urcmcnl and ,·cnlica11on plan, fi,llo\\ ing 1hc ln1cma1ional Pcrformnncc Mcasurc111cn1 und Vc rili ca1 ion Pro1oool mos1 cu1rc111 ln1cma1ional Performance Monitor ing and Vcnlica1ion Protoc.,\ (IPMVP), explaining he,-. SO\'ings from each measure is to be measured and ,·en lied h . D1Scussion ofimpac1s that facility \\Ould incur after contract ends. Consider operation
ard m11 in 1cna nce impacts, s1affing im pacts, hudgct impacts, et c,, and identify who l1
responsible for main1c1wnce.
v, Compatibility with existing systems.
8) Post-A udit Meelini:. Meet with Owner to renew the recommenda1ions. ~avings calcu lations and
impact of1hc measures on the operations of the fnc11ity, Describe how the projec1cd project
economics meel the Owner's terms for co mpleting the Tcchnicnl Energy Audit and Performn ncc
Contract Proposal Discuss the willingness and capability of Owner to make capital contributions
to the project to improve the economics of the overall project . Revise Audtt as directed by Owner.
9) Comp lete and Present Final Tccnn ica l Energy Audit Report. Deliver final audit report to
Owner for approval. Execute Exhibit B 10 the TEA PP ,
10) Proposal. Prepare an Energy Performance Contract Proposal using the Stat e of Colorado's Energy
Performance Conuact documents. In anticipation ClfContractor and Owner entering into an Energy
Performance Contract to design, install, and monitor the enersy and water sa,ing measures
propo~cd 1111hc Technical Energy Audit Report , Co nlracl or shull prepare a proposal 10 he
incorroratcd in an Energy Per formance contract that includes the fo llowin g·
a. Pmjt-ct Cost is the m:IX!mum not to cxCCl'll amount Owner shall pa) f<lr the rmJ<'Cl and
Contraclor's services. Costs must be consistent with mutually agrcctl to markups and foes
cstahlishcd in E~hibit D to the TEA PP. Costs may includ e hut arc 1101 limilcd 10: engmccring,
dcsignine. packaging, procuring, installing (from T~chn ica l Energy Audit Report rl-sults);
performance/payment bond costs: construct10n management fees; commissioning costs.
m.1111tcnancc roc-s ; momtonng fees, training fees: and overhead and profit .
b. Include a List of Services that shall be rmvtdcd as rclat~-d to each cost.
c. Expcctc~I tcnn oft he Energy Pcrlormancc Co111ract.
d . hXJl(,'Clcd utility ralc fo nx.~,st (esca lation or dcdine) haS\.11 on \11storica l trciicls. utilit y (lrtl\'ider
rate forecasts. L'C(momie fare~ of supply and demand (global, not iona l, local or rcg10nnl). natural
n..-sourcc availability, lt-chnok>gy, ltlility c.ip1tnl in,•cslmcnt, 1md c1wimnmcnt,1I rcqu1rcmcnts.
(GEO amllor lite Owner shall he con.•ull,xl on tlw upprnrria1c fuel pri ce esca la tion factors fo r all
projects.)
c. U...-.cnption orlto\\ the project ~hall be financed mcludmg O\'ailablc interest rates and financin g
tcmis. based on interest raw, likely ava1lablr 10 Owner at tin, 11mc. and hascd on a 60-day and
90-dny luck option.
f. Explanation of how lhc savings sha ll be c:ilculutcd and adjusted due 10 weather (~uch as heating
and coo ling d•••1rcc days), occurancy or otl11.-r factors, Monit o ring ;,nd vcrilical ion methods mu.,t
be cunsistcnt , .. h the roost current I rMvr
g. Analysis of annual cash flow for Owner during the eon1rac1 term.
Exhibit B lo T echni cal Encr~y ,\udit & Proj ec t r ro1rn,al Contrac t ~oticc of Acceptance o r Tec hnical Encr~) Audi t Report fahibit B: ~oticc or Audit Acccptnncc C ity of Englewood DatcofNoticc: ___ • 2009
Subject to the Panics entering into a new contract under §6(A) of the Contract for
Technical Energy Audit and Project Proposa~ which was signed by th~ Owner on
___ , 2009, notice 1s hereby given thnt the Owner accepts the Contractor's
Tcclmicnl Energy Audit and Project Proposal
Accepted by
Name: Ja mes Woodwurd
Title: ....:.;.M:.::ayot.::.:..r ___________ _
Signature:---,-,..,..,------------
Dale: __ , 2009
E\hibit C: I cchmcal l.nerg~ Audit & l'ro_tL·ct l'rnpo,al Contract• Building, lnduded 1n Scop.: of \\'ork Customer 'inmr: Cit) of Engl,•11ood, Colorado The follc,wini: tn~lc~ h~ts thr huiklin,;s mcludcd tn the Tcchmcnl E11crgy Alldi 1 (TFA) Scopr r•f Worl. ----Bu1ldmg ,.......Illuldmg l)i,c --~B-u-il_d_tn_g_1_\_g_l. B~t.ling GSF Bldg. Audu S SF "°Allen Wa1cr Trca1mc,-11--ji--,~~W~a,-er""T""r_c,_uner, __ 1 __ +,~3-)-••-~-m-•,or--~--40-.-000--+=-='"s-.09
Plant hcilnv __ ~nnsion 2000
Cl\1c Co,.tcr OfficeslPubhc t,hc,,ry 25ycars/ maJor I )9.01¼
Bldg. lot Audit S ~
Scf\·1Ccn11.T Mum 1cnam:c/Flcxt
,.,,._,,.,,Kin~
remodel 200!.__,_ _____ l----+-----l
39 year,, 43.78! S 09 $3941
Safe, v Services
JcfTerM)n Sl.'111on
Fnx Street Police Anne,
AcomaStauon
Te1t1n S1a1ion
Mnlley Sr. Cc111er
F.ngkWO<ld Rcmatioo
Center
Offices
Fire Sll)tion
Offices
Fire S1auon
F11eSw1on
Recreation
Rrncauoo -. · indoor
pool
37,un
15 .,,,.,,
28 year,
33 YC11r5
32)Qrsma,or
adduicn 2003
25 yemladd1non
and remodelled
1-----.,---+.,------,.--~2003 Pit1t~ CO\'C Aquatics Rccrcil1Klf1 w 3 ·c, ~'C:ar.s --
-Sc_ ~'.'1"'hh,.u~:~l.:;,m::_1'_--1~°"='dc.::"'• J!!?!?ls -
.,.. --Drc'i.~ln~ room and
J0.373
S.950
6,600
4,851
4,650
24,?SI
(i(l,170
Sec below
shCW•'Cflii
-11 ump Room _ -~M-"c:clum-.,.;;-"-,ca~I----~a-,.-. ---1---~-
-Adm1n1sir:111oi, (Jfficc:t.18'1lrii cou_n_1cr _ _..,._t,,_..,_•~r~ _--_ -2.i20
=1~~--i.!!~~ _ 6 years _ -'-
Broken Tee \.t{)l(Ct,ur-.c Rt1a11 Qlc~ mt.1uran1. 28 )'CJ" adtl111011
ClubliC'.'u~ cnn ~IOragc bc:lo~ :and ranodd
-jjjij
1,205
N.000
2003
$09 $27)4
S09 $806
$09
109 $437
S.09 $464
$ 09 $2210
S09
srrr-
-
-
llrc•kcn f<c
Mn1111cn1111cc Center
llrl'kcn ·r; ~1cchon1t
~ll'J!._ __ -
Parks ond Ciolf('our•.c:
lrn~oo S)~n~
~lrcc_!_l~ll!!f
·1111ffict'tlfHWl<e.
-s )'Cllf~ --------
PMktn~ L ,1 nnd Alhtc11c
Field l1J:l!11i11i
Miunlt."flant:c -;;qu1~1~n1 14 }'Car,
~t'lr.1£l'
Nl,n qrl.k:.tunsl Va11c-i,.
N:;-"OK1lir-if
NM~1,~unT
NOn7iru,:juml
\',lflC.:!t.
\l;.t1c: -
Vanes -
------·-
,_
-------•-L... -
TOT1\L COST OF TEA: SJ4A 5H
1,6.111
2.RIXI -
N .. ~
NA -
-----N.A NA -
----
----.
-'---
E,hibir D I l'CIU11cal I ucrg~ Audu & l'n•)'.'Ct l'r<>l'<"JI ( olllrJ,1 l'l\'ll'CI ru,t and Pncm)! Fkmcru, Cn~ nfl'ngb,1100 COST AN D PR ICI NG \1uximum rales were l':ilahh,hcd for I.SC'Os pamcipmmg 111 the GEO El'C' rmb•1-ain. I.lei,"' arc r:ucs r1grccd fo r this specific pr0JCCI that ore equa l to n.r less 1ha111hc max imum cstuhl ishcd rats..,, ha,cd on the size, scope a11d locatl()n uf thl' spccilk project. Markups Murk ups s hall l>c ca lculats-d as u pcrccniagc added to the base cost lor the project. The use of margins,in l[:;.·1 of markup, 1, 1K1I occcptable. Use only the catcgoric-s shown. Ranges for
markups arc not accCJllablc
-MA RK-U PS
CATEGORY OF MA RK-l 'P '¼M.◄RK-UP
MA RK-UP APPL/CATION
--Overhead On direct coSLs 12%
Profit On direct costs 100,. -Included in Labo r -Internal murkuo
Equipment Purchased Included in
markup
Materials Purchased Included in
markup
Subcontract Lahor Included in
markup -lnclu<kd in Subcontract Material -------mark~
Fees
Use on ly the eatcgo ncs shown Ranges for fees arc 1101 acc-c pt ahlc.
FF.~::S
C•t TEGO R I' OF FEH
Technical Energy Amht nnd
i'n~cct Dc.'\·ck1pmc111
Solicit & E\'aluatc PmJcct
Financing Proposals
Design ___ _
C'ontingcncy
Permits
l'crli,, mancc lloncl
I/OW f)IJTEII MJNF.f)
Arm USED
S OJ!'> per Square foot.
Other hu~J>J>"':
0 5~o of d1ret.1 ,,»,ts
R~o of direct costs
5 •;;-;-,TciT,;;, costs
~Jllicd hy local jurisdic tion
1.8% for projects under
$ I 00,0()() rnnging Ill o.ox• • fi,r
pro;ccl, ov_cr $7,500.(MM) 111 s11c
l'J::A RS
,I Pl' I,/£/)
(0111.--timr,
A111111n/,
,rr.J
One Time
One Time
One 1'fn,c
One Time
One T ime
One 1'1111c
J:_l'<_',lcc-·t_-M-_a-n~cmcnt ___ <,% of direct costs ~('·•untSs1onms ---+,-1.-=-5•,.,~,....of direct costs T~ ----+-'-0-'-.s• of direct costs Priced b3scd on 1he ~& V ;1,lor,torini; and Verification __ ......._p_1ro_10col aD11roved by cus1omer Warrant\' Service 1.5% of direct costs Maintenance on Installed Priced bused on lype of equipment and level of service Measures desired bv customer One Tune ~lmc One Time Annually, if rcouircd One Time Annually, if rL"tjUtrcd
•
•
•
IU \Ill I 11• I\ \ti ~I l(IJ S Ill ~•~1•1 ,\ Rl·S• JI l 1101' \~II \DIS(, RI ~1 ll l I Ii I\ \il c,11. SI RI I \ Ill I 111KJ. I OR I Il l ,\1)01''1101' OFA 1'111 lt'Yl'flSC"I-R1'11\;, 1111 l SI 1>1 011 IC'I Sll'l'I ll·SA\l l>l'I IY SI \I I ll\' t'I n l'Ol \Cll l'I RSO\S WI ll·R l• .. \S, c;od, ( It)' C-,,u11c1lpar.on h," ., nccJ 111,m 111nc w 11111c lorlhc u,c of office
Mtppll~. ncL'\ls cop 1c:-. m .. 1Jc anJ \lhtn~urcd 1n vanc-.us t'uy <lcpanmcnts and other c,,uncil
Jl<11i<>11S •• ,nd
\\'I 11:Rl· AS. each ('11y C,,unc1I pcr,on" cxpccled 11, cnrrcs1•111d wnh cni1c11s and n1hcrs
during lus1tl'r term of oflicc:. and
WHl,Rl:AS, each t II) C<>unc,I rcco~1111es 1h0111 lo:os noo appmpr,mcd runcl, "' horc C11y sialT
for Council secretarial use. anti docs not mtcncl to pro\'1de ~rc1arial as.s1,1nncc 1.,l Council
members. e,cept upc»i ~n oc.:as,onal baso,,
NOW71ll·REHlRl:,BE ll RESOI VHJBY TII ECI I-YClllNCII OF IIIECl l"YOI'
1'1\GLE\1'000. t'OI ORAfX) •• ,dopl 1hc c,>unc1I poh,1· on 1hc u,e of ol'ficc supphe, nnJ cit)
«.-cMan,11 ,talT shall be as follc,"s
Section I. ·11,c CU) ~lana~cr ,hal l male ovoilablc lfl ;1II mcmhcr-of the t'tty Council. si1ch
office ,uppl1c, "' ore rc.o,noohl) ncc-ded '" corry out 1he Juuc, ol C 'n> Counc1lr,.-rson. ,:ud otlkc
,urphc. t<> mdu,lc pctpc.T. c11, dope,. c"mp111.:r. M&1"1.~ 111tcrnc1 accc1-1. prmtc-r nnJ
:1 pprupnatc s~iftworc 1.:,1mpauhk· \\ ith 1hc l'11y ~ystcm,, the rcaM1n:1hlc u<";c ,\f 1hc copy 111:id11nc,
:ir,d ,uhcr iuppliC\ a."' m.t) be t(.l"-('nabl~ rf.."'IUtrcd from lime.· h' 11mc: ( >lfo.:c.• c,1u1rmcm
lclq>h<ooc. de-I.,,, lite ,Jhmc1'. ch.nr.. ""· ""'1111101 he I'"'' llkJ In Ct1U11Cllpc1'<m,. Inc CU)
MJ1tagc1 ,hall ha,c O\;lllahlc ti>1 l '1>unc1I lhc ncc:,,11,n,1I u,c of ,,flicc sp.1cc 111 Cit) llall ft,r
l)'11111g. mcc1mµ.._.;. ell' a, needed
Scc1m11.1 City S,-cr-1:mal st.Ill ,.,111101 hca,·a1luhlc 1n COl·'-l'II l'l'RSONS for.hclatmn.
~,1111po)-111tµ, kttCI'!\. 01 :lll\\\'cr111g 111,11 I. M:mhng 1hank you's or mumcnng quell!,:!\ or 01hcr
,4,,.\.:n .. •1,in~,1 tlut1C$. c\\!\'f'I Up,l'n :1n t'C~1!->hll~1I h.1-,1~ 1:och t·,1mk.'1l1l\:r-.on ~1:111 Ix.-c~l"-'\:h."<l l1l la"-.t:
~.,re or tm~ h,:r ,m n co1Tc'fl'lOJc.wc ,,11hou1 t ·11) .)\..-..:u.1.1na1 a,~1!\1.m ... c \ddn:'.'<-~ lc111 .. -r.-brnuchl
W l '11y 11:oll 1<111 he pc»1,-d h) ,1:111.
~11011 l Ille \lu~i,r '11all ,upr,1y co('llt..~ 11f JII lt..1h:r!lo :,..1.-•nt ,,,er h1" 'her ''i!n.dun,.• tot ·vunc1I
tur mfomutH,n rufl"•'~' lhc l'II~ Manaµc, ur ~IJyw or t'nu1¾.:1l may Jc•a!!mtlc ..:;1~.tl to
'-',1111po,~· or rm:1x1n: kucrs ~c1111111 hchall ol Ille.• Cny vu·1 the t1Myt11\ ,1g11.11uic
s...,1tt1n 4 llffic\'" ,,1prh1.." ,h.111 nol tx· l"-l"\l Ul J J11,11111cr1h,u ,,Puitl, 1vl,11.: the l.111 C1mp,-.1i;.n
Pr,11.:tu.:\~ \1;t i,r (my (•thee l;m
Section 5. ~~11!/l! t,'.g..fiQ ... ~.ilJ;iss or 19.\!il ts hct!lllYJ£Rl'.l\l&d ,ind ~mcnd~-d \~ rcll\,:l th.~ rnfilll:C,tlil CQ~I\Ctl IX>UCY)ll:tde by \his rcsQJUtl(lU, ADOPTFO AND APPROVE!) tlus 1st <Illy of June.1009
ATTEST:
James K. Woodwnrd, Mayor
Loucnsltia A. Ellis, City Clerk
I. Loucnsh1a A. Ellis. City Clerk for lhe Cny of Englewood. Colorado, hereby ccn1fy lhc
above is a true copy of Resolution No. __ , Series of 2009.
Loucrishin A. Ell is, City Clerk
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R£SOI.L 11(1'1/ M > SERIES OI ~IK~I A RF.SOI L1'10X AME.'1/'DING RESOLlrrlOX NO. I I. SF.RfES 0~ 19'12 PERTAl!'(J'I/C1 I 0 TIii: LN(il IWOOO crrv COUNCIL POLICY MANUAL-t;SE or Ol~CRETI0:-1'\R, FUNDS Wlll·RF.AS. 11 ,,. 1hc J>OhC} ,1f Ct1)· Council 10 limil 1hc disetttiona11 use of1axp.1yc:r funds,
nnd
WI ll·RF.AS, 111s lhc policy ul 1hc Cny Council 10 cncoura£C accoun1ab1l11y 10 lhc public for
the use af 1axpayc:r fonds,
NOW. TIIER£1-0RE, OE IT R.ESOLVED BY THE CITY COUNCIL OF TI IE CITY 01'
ENGLEWOOD, COLORADO. TIIA T:
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Secuon l.
Sccuon 4
0 1scre1io nnry funds in 1he sum of~ ~ shall be all OCiltcd for each
Cow,cil Person per ~ l\llllWll· II is 1he imcmion of the City Council that
th ese fu nJs be used in the metropoli tan area surrounding the Ci ty of Englewood.
Those funds not used in nny calcndar ftll&Ref ~ shall not be later used by the
Council l'crson but shall be re1urncd 10 the general fu nd •
Discretionary funds shall not to be used for out-of-state expenses unless
approved by Cny Council. An application for use of D,wctiomry Funds for nn
ou1-of-stme 1np nuy be applied for af1c:r 1hc fact. bu11flhc Ci11 Council
dtsapprovcs oflhc c.,pend11ure the Council Member must f"l) b3Ck any of the
discretionary fumls used during lhc trip.
01,cr1.~11,nal) funds may he used for books, pubhcauons, 11c,~1JIC:ll. or
m:llenJI~ dm.-ctly related 101hc rcspo11S1bili11cs of !he C!l) Council. Inc
materials may noc be used for p<.T1iO!lal uses and shall be m3dc amiable 1,, 1>thcT
Council Members on request, that 1s any ma1crials (tape., pubhcauons. etc.)
obtained at • conference or purchased \\ith d1scrct1ooary funds sh:!11 he m:,Jc
a1,11lflblc 10 all of the Council mc:rnhcrs and C11y S1afT on request
lnd1v1dual mcmhershops 10 nn org;imr.111on (sef\1te clubs. <.1C.) may he paod from
d1scrc11onnry fulllh provided they h.:i1·c a C'ny purpose.
J)1icrct1011lll)(..(un,J1J11")'..l!t.used for .mealu)iat an-_uir_1~1Jvelntcd t\l th~
fl'>JIOll•1b1liu1.-s.Q[tll1' CH.I' (;Qµnc1\. Expcndllurcs for nlcohohc bcl'cr:>!,!l'S ,hall
1111ly be n, part of a mea l a.< opposed 10 separate CXpl.'llditw-c Where II 1s
rit-ccssnry n, a pan oflhc e.<1ablishmcnts pol icy 10 have ,c,,arutc 11ckct> for food
and t>cvcrug< purchase.,. comphancr shall be satisfied so Ion[! as noted on the
r<·ccipts hy the council person
All tc'Cc1pts mus1 Ix: 111med in with in 15 days of date of cxpcndilurc 10 foc1l11n1e
rccone1lon11011 w11l1 Fi nmicc Dcpamncm. Failure 10 comply may rcsuh 11111on-
p,1ymc111 for th:11 cxp,·nsc
12 I, 11
ll1,,rclll,!llOI) fuu,I, ,h;ill Jl<•I h<· 11«-11m;111011111,·r 1h,11 11<•ald rn•l,11c 1hr 1:;m l ,1111pm1:n l'Qcllc«.'S '\~I "' Jn) ,~her la" ,,, 11,•1 ~ ll"a,·11,,1MI) I 111Mh sh,all.nl•I he 11,<11 h~ md1, 1d1]<1i c.J,.w1,a~I• ,·,1mr11ll!lal'n, ;i, sui;h con1r1bu11on, ,1rc 11~1d(· ru l'u1111cil M1~111n U$1J11.iuodull:afuinuhc (9110.:J] \ad I(' l~htT \J:1.11CICLJ\C<;\!U111 '-t"\·t11'f,: "· l 1-..ll'{' ,,r :i ( ·uy•ISSUl'd cn:d111,..1rd 1, ,~·rnu ... -.1hlt: 1.~ ,h"-4..·r1..1wn.,f) C\fK-'lllillUrL .... \Uh)1,."CI 10 "--'fl,lf,ll<' cretin c.:1rJ lh,11,,-c ,IJ.!T""'-·mc111 .i11..;1chi..,l
<;c.;111•11 ,. 10. hJ>elkl11111,· I ,,rm .111adacd ,1.,11 h<· u,;c.! for d1,eua11c111.1111111 of all cx11e11 .... -.
~,..,11011 u 11. R,•·«•l1111,1111\0 11, Scncuif I '!'nJs,hcLti.'X,~UJCaKlcd 11, rdkct ch.111i,:,-s 111 the
<..:v1111cil l'olK> .11Jl!l!.c bY-llllH~n-
AIJ()!Y f ED AND Al'PRO\lf:I) this Isl da) of June. J()()C)
A'ITl!S'I
1,,ucnslua A Hli<, Ca l)' Clerk
I, I nt..,mlun A Hh,, C'11y Cieri. for 1hc l'lly of l:ndcw.-~I. Colorado. hcrch, ccriaf) the
.,h<wc 1, • INC "''l') ,,r Rc,11lu111111 No , Sen.:. of !(K~•-
Loucn.Jna A 1-lh,. <"ny Clerk
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:-iuj_ul't'I 1•11r111t,-.~_u[ Pn l1tY .S1ntt•nujl!; To p:-:tnhl•i;h ~uiclt1l11W!-I th I~• lollo\\NI ~dwn t11'1ni:: u t'il ,\ \'1~u Cul'd Oa;n11iwtwn .... 1'P,,rso11~ Am.'!'.1.£1.i
l 1ol1c_,y
All :1111hodz.(•d ('11,· rouncll M1•mhn \'1"ill Cnrrl J-IHlclrr:,;,
C'tty \'as.a cants mn)· onb,· lx· """"<I h) thl' p.•r~on outhonwcl to tilf.:-n thr r.,rd Tiw
card i~ not annsffrttbft,
r.n\· Visa C.arch ort.l uni) to ht• """-cl for offirml \1t\· hlL;.im•~ Pt·l"80nll1 u .. ,. of 1h1•
cnrd ,. not nlluwed -
City Visa card• lll"C not LO be u«d LO obtnin cnsh from nutemahc teller runchmc~.
All \"isn statements with rC"Cl'IJ>L~. chnrJw slips nnd ncoount numl>ftr~ nundwd mus.i
he turned onto tho, City ~l nnnger'• Office.
\Vh,·n lhe City Visn curd is 1111<,d for lro\'el , tho roceipts nnd chnri:r ~li1,~ ri•l1111•d to
tlw lrn\'cl ncNi lo I~ ntt,1t h1•cl ton ,·ompl('tc•d lr.'lvd nnd l'Xp>m'I<' fnrm
When 1hr City Vi!m card 1~ 11~rd for purchnsing meals for 1h1;1 cnrdholdt•r nnd nLhC!rs,
the I RS requires lhc bus11WKI'\ purpoR(• n,,cl dinin~ partner,-and t he ir utl,1M I)(,
includOO wirh the rC'Ct!ipts
In eomplin.nce "'1th th<' Cit.) ·:c pun·hnsm,; polic1e~. no copuuJ 1LCmt-nr~ Lt> br
purcha.sed wJLh lhe ('1l} , \'i<n Ctlrd
All Cit) \',s:, chn,i:e., w,11 h,, rt'<.1tllc1h-d hy the C1t} Mnn.,~••r', Olnr,•, nrd
;1pf)rt"l\'tod hy tlw Frnnntt 01n't.·lor prior to payment of lh · chnr~i~~
lfpcm rompl1.•l1on or~our formnl R'-'-OfiaLion with lht• Cit)·. Cn~· V1Fn l'ard~ nnd all
out~tand.Jn~ <'hor')!e :;hp.: und n"<'t'IJ)l!'ii :m .. • to \xt return<-1.1 to t.lw Ci1s MnnaJ:i"r'~
()flire. The card-. v.-1II uuwmAlu:iull~ IM• tl'rminnu,d
In tlw t•\(.'Ot of npp:1rl•nt m1"'u"(' nfn ('tt_\ \'h,,n cnrd thl' Cit) ~l:mHJ.!l'r \\Ill tli~cU'-!'i
the ruattl·r \\ 1th t.11(• tn1.h\·1ttu.1l rit~-Council Mt•mUl·· Shm11cl a1,par1•nt misu-ct•
eonllnut\ lhc.• City M,11UtJ.;l'r \\ 111 xu ... 1w11tl llw r.ml and di~u~s tht.• mnUl.•r with ('11~
Cou11c1I
"Xl'lsNIJl'l'l"HG FORM
Other expenoe• (plollM' •J)<Cify) _________________ _
Tuu1l (m:ript~ nlluchod), _______________________ _
M11-ting
l'urpo,t•'Ev~nl
IJ,111•
OI her c,pcnsos (p lens,• SJJ<.'<•ify), _________________ _
To111l (rt>Q;1pUI
ntl.rn:h<!d) _______________________ _
'l'OTAL Mil ,"'', (Currcnl IRS nntt,)
$ ____ _
'l'(YfAL EXPENSES $ ___ _
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City of Englewood
Purchasing Card Program
Policy and Procedures Manual
Ad opt ed:
July 1,2001
Rev ised:
Oc tobe r 18, 200 5
Tah lc vf Co nt e nt s \\ l'h.:1 11m· In 1h.: ( II~ 111 I n~k,, 11,xl 111.i ,t:i,inl.! ( .ud t 11~ ,11\I i l'rngr.1111 1 \\ h1.:r..: to ( 1c l I l1.·l1) • 1'1.·ar~I AJm ml\lr •.. '•', P \ 1 l'1...1rJ l,1o.u.1 n-:1.·
I 1n111,1ti0111, and l(c-.1m:llo11, ..
C 'h;m~c~ lo ~nur Pc;1r<l ...... .
I nh..'tl,!cn .. :~ Ch.mgc, ... .
2
.. ....... l
7 l'c:ml 11,c .,ml lkw1d 1-:,·cptrtg (t'ar<lh11ldcr Rc,ponsihili1tc,) ..................................... ,, .A
X. \cccptahlc U,c, ............................................................................................................... .5
l n:Mcptahk llsc,
10
I I
Vcruk,rs ............. . ................................................................................................. (t
lh:c11nci li.11 ion 111' 11urcha~i:s: .......................................................... . ., ................ ,, .. h
12. \\ell, Fargo 11.111k l',,mnwrc1,ll llcctronic Ollkc (CFO) .111(1 t·11111111crcial (',ml
I 'I"'""' Rcp,1rtmg (l't"l:I() '-),tcm 11 ur lk-concilcrs:m<l i\ppr,,,crs Onl) l
t'('I I( l·.m,,il Notice, ...
I mail Rc1111111kr, \cnt ",1111,111.,1,call) · ..
Out 11fl't"<:kc1 I \llCthc, tOOI',)
lli,pu1c<l '" I r;imlnlcn i C'hnrgc , ..... ,,.,,...................... . .......... .
I n1, 1.•1 l ·,,n ,uh,:rillit111, ......................................................... .
1'1.·Nmal ,,,n •llu,mc,~ ( ·har~c ,
( hangc In lsr1111ln) 1110111 \111111 , ...................................................................... ..
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10
10
11
I ~
I 5.
11,. lfC"J1J 1, I mt Cir Stolen ........ . ................................................................................. I II
I At)>· I rcquc11tl) A,k1.'tl C)11c.,ti11th
\ppcnd" I ................... ..
\ppcndi, 11 ...................................... .
,\pp,:nJI\ 111
\pllCll•I" I\ ............................... ..
II
.......................................................................... 1,
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15
II,
Apprnd,, V ................................................................................................................................ 17
11,,.,..,,,,.
t-h, ... r,lm, ',IJ!nu, .,,.
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• I. \\-clco mc 10 the Cil~ or EnJ!IC\IOOd l'urrhas ing Card (Peard) l'roi:mm!
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I he puq>t"c of 1he Porcfo:1!\ini,:. C:irtl Pn,grJm tlhl.' l1rufr,11n) ,~ HI ~1n.•;unlinl' anJ ,unphl~ 1hl: rC'lllll\llummi;. 1,ur .. h.1,1111:! Jlld I'·•) tnl'.lll 1m>1:c~, lnr ,111.1ll 1.h1ll1tr lrJt1\.ttllun\ I hl' l'togrnnt I) dcs.1~111:d to ~honcn lhc .1ppt0\ ;11 prOlo'.1.''' .md rl.'JU('C till' rMpcrnor~ c1 1 prtk.:11rcmcn1 r,roccdutl'"' 1,uc:h a, rurch:he order., fX'll) c,10,,h, d1i:.l~ rcqu~·..,1, .mJ c,pc-11,c n:imhun.cmc111~. Thi.' ~n;d ,~I tlu.• Pro~rum i.s h,: • rcJ•:\.c the C(1~t 1f pn-i<cs,m~ ..,111:tll dull..ir 1rnr<:h,1(,e~ tCGcl\c fa~tcr ddhe~ of n.'luircJ mcrd1,indi!it . ,,mplif~ the r,.,~ mcnt pmcc,111;
• JUO\ ide cardholders'" 1th m\:tJ.nt ,K'"-~' 1n mcrcharus?
llu, rcrcrencc guide "ill pro, idc ~ 011 "ilh 1hc p:in,rula" of 1hc Program. indudins general guideline<.
r,,:onciling and record keeping procedures. and cu~1omcr sen ice infonnalion. II ;, impor1an110 read the
folio\\ mg informa1ion carcfull). ns )OU ",II be rc.,pon;ible for adhering 10 lhc ( II) csiablishcd polic)
and procc-durcs. fhc use of this card i~ a pril liege nnd should be trca1ed as such.
2. Where to Ge t Help -Peard Admin is t rat ors (PA)
An) questions or problems you hO'c rcgording 1hc provnnn should be dircc1cd 10 a Peard Ad,ninisrnuor (PA). You have
been assig11 cd a Primary l'A whll yon should call lirsl. bu l you may call any of1hc PAs if your prinmry PA is no 1 ava ilable.
The PA, nod 1hc Dcl)!lnmems 1hc~ nre primarll)' rc~pons iblc 10 are ti! follows :
❖ Kothy Cass•i. Accoun1ing •2411
• Ci•> M•nascr
• \lunicipal Coun
• Parls ;;1nd Recr~a1ioo
• Golf Course
❖ ~t, in Engrls. Accountini;. :-.2.t I .t
• Utihtio
• Safcl) Services
• I. E Waste\, ater ln:;1111,cnl l'l,rn t
• l'uhlic Worls (Sm 1Cc111cr)
❖ i\lkh• S1u 1z. Accounting .,.N 11
• City J\Uorncy
• Commu nit)' l)e\'Cli.11-,mcn t
• Finance nnd AJmini"itmti\1' St,,:rvic~
• I luman Resources
♦ lnfonn3lion rechnulot•~
• I ,br:u}
• PuMic Worl\ 1Ci\i1. ('cntL-r)
,·,,u ma~ Jl"tO Jtrcct Qlk.'Slioo~ h.l Sll"\C ll.inio m /\u:t111nt111~(,~ I 10). the Prog.ram A.Jmim,1r.110r I tk.· l'roi;mnt
,\Jmm1s1rn1or is uh1mard~ n::i.p.uNhlc for ll"K" l\•1trJ l'ro~rJnl
i ,11 ·~ $ !It•\
,\f't ~,, ... ...iJ.,
\, ,t 1..u.t' ,hll'I ,1111 \\1 11 h1; ,1,~l·d IU :,.i~n ., C:tnlholdt"f 1\u11l k a1 inn Form 11111I .i ( :11•clhuldt•r l ,,•r \grrrmrnt lh -1~•11111~ 1h,· .1ppli1.,11u,11 lt1rm. ~l'll han~ agn: .. ·cJ IO AJhi:,c II~ 1111: guitlclmt.·, \."!,t,1hll\h~~l III ttw~ nunu.11 Pkw,,c 1dc1 h1 \JUH.'lltl h I lni llu..· C'ardhohlr r \pnlicnlio n t-,mu anti Annrndh \ 101 1h,· C:1ntl1111dr r I ":r \;.:rrrn1rnl \lo,11mr-,11.1nll~. >OU arc the <'lnh J't"f,un('ntnk.·ll hi U!ll' lhc-cnrJ .J.lkl lhl'. l,HJ 1, ,,,,, to hr mr,I (11r JII"'"''"'' mr \\ 1.'.h,h l'-. .• thl 1, linlt"tf to J ,p.-cilic "'"' u.·111,•r .uw.t mJ11.hh.&.1I '"°mrlo~ct.·.1h"-· ,.uJ ,,1m1i11t '"" u m,IL'rfl .t fh~n 011\." 1.·111 ph1) ,'t.' 111 .1nother (i.e. carJ ,, l'k,t tr.m,r,,:r.1M1..•) I uh\r..,• p-:~,011,tl u,•1.hl 1,,,11,I,, lhc l\::ml 11Cll~r.uu "h,1mlk1l .1, .1 l 11; li.1hilll) Y1111r l'l\'f\41t1.111.ll\lll l11-.h1r~ h:1-.
uni h,;l.!'n :.,~i.'1111111; .14.n111111 \\hen ,t t;ml lu"i hl·i:11 1\\H~·,I 111 ~om 11 :1 111c,
I hi.' \c<.:(1u 1w;, l1,1)·,1Mc lk p.1r1111c111 1, ri:"1"111,ihk· for p11) mi: the l11utc11 n imui~'\'("l L".11.:I, 111n111h Yo1 1 an: nHl
1L''l"t11"1,.!i: lor p;1~ 1111:111 undl't ~-our uu·ounl
~-l.i111i1:11iun s :incl Rcstrir t ion s
Y 1111r I >1n:dor h.1, 11,,,i:nL·d J nK'lnlhl} ,r~Ju hmil 10 your rard There-i~ nl~• J ~inglc 1r.m,.k.·l1N1 hmil pl.real ,,n
your c,irJ. which mi.•,111, your c,1f\l will be dcthm.'tl If )oU tutcmrt to pun:h.1-.c more 1h.m lhi, \.Cl .1111011111 .11 one
lime. n o nol snlit ~ purehn1rioc to n,•uid 1hc ~i ngl c: 1r:a11;11c 1l nn limit, no ru<"plio11 11:,
I he Ci1~ 1,1 Fngk"i'll41 111.:11hl l'rogr:un ttlso nllow!--for Mctd111n l ra11:i;nry (.'ode f M{'(') hlodlnµ,, l f n JXtrticul,1r
M('( · j(, M~kl•d (c µ .. it.'\\Clry ,1urc!iil. and you 11t1 c.mpl It\ u,1.• )llllr i,:;m l at such a mcrdu1111, yrn 11 purcha,~ will l'C
cl·di11cd We h:1\c m,1dc rm ctri,n 10 ensure 1h:n lht H•ndor, ,uprlk·r" ll"'l"d clurin}! II~ oorm,1l c,:0111,L0 ofbu,inL'\\
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;11\.' nut r\.·,1rith •. 'tl. It }tt11r c.uJ i~ rclu-.c.-J :it a ml-n:h.u11 \\hen·, 11u hclic\ i: i1 ~hi•ukl l1J\.C t, .... ,1 .ll'lc1Mc(I., 1,u •
,1 .... ,tJ cJII .1 r \ u, ~h.·11ni11c lht.· f'C'J,on fi,. n•rit-.;tl l)l1"-'1kli11~ 11n 1h1.· n:,ull l,I '°'" llklllil;o, )ttn ma, ,\~ml l<t
dN u.._, 1h1.· i~uc lu'1hcr \\11h ~•Htr nn11..1~l..-r :ttkl l)m."ltor Y,Hn l)u\.•c.:h•r i, 1h ... • 11111~ r,-.·ht'O ,1nrm\L'J\."tl 11, .td\1....-
"l'A uhr,,ua_;h lhL' t .1rdlH1Mcr ( 'h,1111,:.t· I orm l1'l.,ltl'd 11I \rJtc."lkh\ II) 10 nu.,lil~ th1.· n.·,trtLlioo, 1~1~111111,-.c , •. llw..·
l 'l.'iml
5. C ha nges tu your l'cunl
II yt111 h1..·llcH: th.: mu111ld) .1ml rn -.i111,:lc tr.lll"-JCtiun limll or M('t' Ccxle hlod,.m~ ,,ill l11l11h1111plm111111 11-..;11,:c. 111
ti~ l'roJ!r::un. rlca,l' Ji~U'-\ 1hi, "uh your m:m.1~.:r· Dit1.\:lnr IC ynu and your m:m.t!!C:I l>ir1:,1111 ,1rr\·c th:u ~ our
nrt.1·, p.11':lJtlC'lcrs ,hoult.l he ch,111~1..'U, you nm,1 tum1>lrlr 1hr Cardholclrr C hnn~r f:nrnt (Ap1,cnJi, ll). havr It
,,,•1teJ h1 ,-ourl)1ri.'~lm •• mJ lof'\,,mJ h• l\ttountm~ trn (Wl'H',\111~.
II 1h1.·ri: '" a fk.."t.,J h' \:.h,ml!c ,ut) other iuform,11tnn n:i:urJm~~ )our ;iu:011111. ,tK.h .1, m,11h11.,:. ,Kklrl.'"' or t'<penw
.,crount mg Ctkic, rk,t."'-' complcl-.: 1hc Cardlloldcr ( 'h,mi,:I.' I urul (,~-c Appc111li, 11) ,111,I lor\\1trd 111 i\ccmnuing.
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II ~,•u cn~·t,ul1h" .m m,l,llh.'L" ,, hL"n.: ~ou .m: .11 J p,1rt1~ul.1r ,cnJ,u ,tnll thl.' i...1r,l 1, ,lcd111"·1.J. cun1,1u ~om rrnu.u~ I'\ I k N ,h,: m.1~ t,.., 11M~· 1, m11 1,1h: J d1Jn~I.' 11111111.:J1.1t4•I~ lhh1u~h \\ dh I ,Upl ,,t11k ~,111 ,,.111 7. Pear d t:s c and lkco rd h:t•,·11inl( (Canl hold,·r Rcs p o nsibilirics ) n1~ r,,::irJ c.tn '° u~·J ,.n ,in} nH.:r..:hJnt 1hJt J..:,:1i.*f'h \IJ-.h.•rCarJ It 1113~ l1t' u-.cJ lor m.~1~1rc-purrhJ.M."":!1 .b ,,i:11 J'-1,honi:, fa,. 111J1l or lmcm"'t orJt·I"\, flli.:n: i-. 11<' ,pi:i;i;il 1cnn111;1I <•r i:Quir1111..·111 nccdcJ h~ th,· \1:l-.1t•rt.';mJ
m1.:rchan t 1(1 pr~ccs." a l'c;m.l tMll'i.action
\\'he n placi ng an 11rdcr h) 1:,~. phunc. or mJi l. rc411csl 1h:111hc rccchcr's numc 11nd "credil c:1rd
IJU rchasc" he pul 1111 1hc ,tuppin~ label or pJding Ji,1111 c.,pcdi1c dcliwr). llc4 ucM 1h01 a rccc ipl
dc1ailing me rcha ndise price. frci~hl. clC .. bc included \\ilh lhc goods mailed ,hipped be scnl "ilh 1hc
pur~h~ \\ hen plncing thc~c orJcrs. , nu n1.1, al"' want lO ~1,l the mcl\·hnnl to fax , ou a receipt
(.\otc, a mcrchJnt should nut reject 1hi, l'l."tjUCSI. 3< it i~ a \lastcrCard pl'lliC) ).
A requircmen1 M the l•rn~r.un 1~ 1h:u ~ou f..t.."C.p :.111 rrcc1p1s ror go(xl5 3nd sen ices puri.h.a~d. It 1s cMrcmely
impo nanl to request :ind rdain purchase rccc.ipb, us thi5 1s the onl) origi nal docume111n1 ion 1ha1 c,1idenccs the
purch:1sc. rhi~ ,., ill n~Sc l,1 ) ou in rC'co ncil ing your month ly i,talcmcnt and " ill provide nr1 cs pl:rna1ion of charges
dunng o ur :mn uitl uudit. 1\ II charges will requ in.• u rccc ipl be Llll11c hc d 10 tl1c month ly ,1m...-mcn1.
\\'hen usin g the Peard " ilh merchants. P J,F.A SF. f.Ml'II AS IZF. T HAT AN I VOICE MUST NOT
HE SENT AS TIIIS MAY RF.SULT IN A Dlll'LI C ATF. PA \'M F.NT .
I he ln1t rnct m.1} tlC' u,cJ hl rl:ic1.• ,,rJcrs onl} ,,hrn th~ h .. "l."<i,tng ,,eh Sil< i.s -.t.•cun!' l ~, dch:nni1l(' \\)1i..•lh1.-r :a
,,c-b "UI! is~-curc . l<'l•L for Jo un"1-olcn ~old("n L,') or locJ-. an the ~,uoin of11:k• -.,:n.-cn. 1f1h..:-le-) or locL 11r,
rrnLcn. 1hl' "er .. ur " ""' !r!.c4,:urc :inJ should no1 he u-.rd tor rlaci ni:, !'rJc". \\'hen placing nrdcr~ v, i;;r the
11111:rnt·t. :md )Ou u,i..· un ;1,l,lii..0 --., C'lthL"r 1h11n IINXI I ni;k\\Ofkl Pa1k\\,1~. }Ott 11\tht i111l1ll thl' J<'li,cr:, jddn.','-
c.•, artl~· a<t fnllo" s:
Uclhcn Ac.hire.-,,: I oca1io11 Non1t•;
1155 \\ (h ford AH Kccn,auon (clllcr
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21 0 1 \\ 01fo~ll Au Golfl'muse
1500 \\ l.111lon "" \lien 1i~
iqoo ~ l'lall< Ith tr Or I. E II Wl P
If )OU do 110 1 u,e the dclt\Cf) Jlld rc:"'s c ,~1ct l)· II" ,tho\ac. )Uur 1r.mo;:1c1ion ma~ OC c.kn11:d t,~ \\'1.•ll ~ Fargu l'lu"' i, 11
,c~urn~ katun.' tiu1II inu11hc ,.,n,,.,r...-. Add1t ion,1II} •• 1, :1,Ml.'~I ,c\.,1111). ,111111.' \\dNIL'"-r~,,u irc )UU 10 c111cr :\
rthmc ntnnba "hen )OU plat.L' }Our orJcr l l5" 'l0.\•7h2·1•1 IO ,1ohi:n as~i:J for 1111<. mfonna11011.
l111ptJrU111t The c ·1t) ul I 11),!IL"'"''-..t ,, J u,'°,,-n,1lt or~.mi, ... 11u n. -.o ,,hen u,1111! )ttllr t.';JUI m JJC1"'1111 ,..,r \\hi.'tl
rl,cin~ rAX. phone. or 111.,il orJ,:rs 11i1h ,cn<k\f<. r,'lll<•l 1h.11.alcs i:u no1 he •l'PlicJ 1n lhc urJcr The 1,,.
r,1.:mJll number ,, 1mrin111rJ on the ('anl ju~, hcln" )Clllr name ,mJ 1hc aclual ttn1fi\.·,uc h;-i, ht.-t·n rcrrodunvj un
~nan Pc,1rd IJu~na.•~~ C.trJ n,,. llu"int.-s"' Card 1o.t10u ltl tx· pr ... ~cnti:d if the H·ndor rcquc~H ., cor~ of the ar1t.1:il
1.·c n1tit·.1tc, II i\ 1·,1w H'"-l'~'""'it,ilil}. rmt the ,<.·n1ti,1·,. tn t.•n,ure tlrnt ,1 11 purchn,'-'' :ire 1,1,-e,cmpt .
lt merd1.111tlb4,.• 1:-Ht I\:' rc1 u111~\l. \Cnl~ 1h.1t the ,cn~lor ,,111 t:r~•,lit thL' Pl•,uJ .1rn111111 Hl.'llllC,t ·• t,•p) 011h1.·ttl·di1
,1.1ttt1ll'l1t .uiJ ri:t.irn 11 Im nwnthl) :,,l.llcmi:nt fl'(111h.lli.t1h1n
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·r i-1• ••·1, ;1j• r ,,.,,1 ,, ... .; ... i•'t'tt ,, • .)IUIJ l!IHII 11.>';l.11;,p "'' ,OU 111no11~ ,J.111,111 ,J1:u J;'11 1h\ ,,., hi ,llM!tJ.,pt l" Z1111.1t•1J "·''t" p;,:fJl'I(, :111,ll1 u1;.u ~,, J1 1 \11111t•·1w,r .1111 \1u;,4\ ,..,,,.q:und ooJu p,11;,11.h111J, ,111111:,1•,m:JI ,·N,111 01 p:i1u1111 .,w 'S,"'l'i1'tpJ1t1.I r11·\1 :JNl'IIU'i1:;,,a 'i'.111,,.,p J,lJ)lotllUUl ,>QI ,r '1-J.1q~ • ❖ ·1ifm,11,1 ·1u.,m.;,.;Jll4.lUII,,, ,,;tr~nu ''3'!) ~u.,ch:, "'·'Ull\lkl ,,,oo~ P,-"tJ.,, .... ,nt) ❖ :fll!IIIWJ pm· ·~111,.u.1., I '\ll.'IUli.lup ,:ip 11111 I ❖ ·(uu111 u11n"'!J1111111 v p,1•11 ;:n11 u,, p:1w1dd1• "'"'""'u~h., 1,"\\110 pm··,.,.,, ;1111,wJ ·,p11111 ·-s1r1u."J JI!:> ·,,.,, • .,11,mµ,r •·.n~ pu:.11 p."'lu·p1 "~m,nu ❖ ,,,p,q:i\ \II_),.,,, ,Ju!\J:1J (l\Ut ·,,,HI p11 l ❖
"S:'llll)J \lj 'IJ:ittlll:'IW ❖
\,1,ll UOlll!Jl'!,l,ll 10 • ..,_ .. w,,11p ''Jl'UIUl,1\, ❖
,uo,L,1 Jo '''1'"-lll • ...,..,.11,1•,wm ~ll!JI ''l''-''1"-UJ:-101 \IIOlldUNIU't ,:.
11tlll\!..1:'ltl11 hu,,,r,,1111.'I pur 11•1111110 J1~J l'·"J!llh,u 111,,uHl!11l1., pur 'l''P•'ll'~\J ❖
SJSJ l J IIJll)ll,lJ.)V 'll
·110 I Vll.L'hll\(IV l
I\ Vll!lOll,l '111 L Hl ~OI I ill )'il!I 1111 1.V <1:<1'1'1 :1.)). V.) llO <1 :lll ,\.J.h, lS :111 ,\ VI~ 1111\1.) 11 1 1.
·s1.,11:u :rn ,,111 I :Ill 0.1 \ U'IIUV,'11 1 '-IV ·l<Ull OI.SI II \I S:1.1,\lll I ~~rn~·rn 11'111 '11)11(1}1\I.) \ :11
;,,,,11pm,t Joi 11,....,~,;,J 1111r ,,,1111;,, ·tu: ,,11ir
.,11·p :i111ru1 wu • ..... r1pu1,I ·"II l111l1u ''-'l' 111.'411.,w,\ u.,u1h, "'"I' r .,u-J.,-11,11111 11(1\ u;'lll ·1111 \ J"J ;,,c.,1 ,1111,
, •• nn1li.uli t,111111·, ,,lf.JI 11 .rnptu, ,lllJ 1110JJ 1U1J,M1 ,111:-1!1dn p 1: 1,,u 1111Un1J111: 1!1 11111 1111\ '1Mtl ,,.,,: ,1tl p.>:.1 JI
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~111J.,.,1 l'Jt''·'' .n11,11• -"ICII Ill ·"·'41111'.' ,11 fl:1111·"'-·' \I If ·:uu1:u:i1u 11rnr pu,,,Jl•,l\ 1110 nuunp ~011pnr 1u;.pu.ld,"ll4II
,_ \u > ·"I' \,1111•m! ,11 P•"••111• ,....,11· .,u· '·"Ill I ."41111 01 Jum m,111 ,1,10,,J 1•J1•,.111p1w 111"' puuthJ;"\I ~0~1111111 ,,\
i 11!1111Hl;l.'l\f tll tUI JM.1,11MO ;'llj i(1•111,,,du1,,,\U:'I w1111111p1•v ·,,;,1\lt1p,\ll,l_l(I \Jcllln, Jl'!l!UI 111111.,,1.r U:'l,'l'I
\I'll 1u.,u11.11•d,,(I JIit\},,, llllllllll lj,'l',1,1Jp:,;u mo \ ;fuu,11, Ul no\ l".1,l'i'il' Ol '."o;'N,.l11p,u., 1ur.:\1 JJr ;tj,lljl '(jll!IIOIUrpv
~b"Ctj.,Jl\i' .Jl\il \ ,:ir.Jt Ill tf".1,1 \\ ll•I \ potfl,'ltll \1111
,h1>tHp \f't11 111.\ u.t1~1tfoJll •"''II 1111uJ111:umh.1J 1: 1011,~ :lo I ~111 _10 :'tSll .:\lj I ·1u;\tU,lJ111h,\J \J1•uip1111:J l\:t m· 1,111 '-I
~u!d:'1.,1 JU,,:-t,u ·.,.1,11:u,,t11 ::h1?t\:>J t1d 10 .ltn>Jt.1 J;,1110 Jll :.ld!:,:,;,J ;o Utl\\U.'IIJJ JJ!nh.1J ,.,1.,111x l 111;,u1:'l'.loJ11,111 11:u 11.11·p111•1~
t-11d1u n.,Jol /\I ,1pu.,lll\ ;,,,..,) •;fo·11u1".'IM pJ1'.1,1 ,. p.:,r1 ,,ud :1,c11 ;," ·,1lh:1,.,, jumw1,,i 111 111,\ N~ ,r 1' I
,,.,, \J;'I\. '\J1·m1•kWJ1\.l hll 111,'l'\J,xl o: 1'•'-l.'\\,'l )!)it J'\111,11, l'IH' ,,,, U, l'oo!t IHI
11111,\1111,1 111.,.,1,,.,J 1 ·"1 \11rJ,111.,,i p1nu11, ,;,111 11w1,, 1,,,p11pu11., ,,,111!,n,1 ;1111 .I" .,.mwu ,"tll 1111M11d1•·"'-'1'
1,11111 I' pm· .,,ul'p11.,111· Uf ,p•11p"1p111 ·"II 1th:n11 ,i1p 111 ,-,rq .,q11111 ,1pnp111 i-.iu11,p:,J111 JII_I ,:i,iJ1•1p II\
w1 .,,n pu1· ,,,11·, 1110.11 1\lt11.,,., .,.1r .,p1:m ,;,,1•1pmi.l 11i· 11·•11 ~uim,u I
\u,) .1111 ,., 111·11,-.1 111, 11,1 \ \~ .,,~·m ........ , ,ukl •1 1cuuu;t.,1 J~ 1,;,1,,IJ \liU!PL"'Ul~I ui· i11111tN1 I •
H,;:l!J:itlJ1I Jlll J,'f'IIII r:M·4:iJ.m.l ,111:iu M l 'lth:.:,:,J 111• .it.11111'1,l}I •
: :tu ! \~1 ,1111; J lfl ..IOJ ,,,,u,11mh.1J--;rrifTfil \
\·,I IIMI\ '11"1'1•• •'I ,1·11
II'"', ... \ L'lll'I -1111" 11 ,, t,:,olt,'IJ -,111 ru,-,...,,J ur., jt,'11,"I\ .lljl 'J..'llU•'I -~I ,1 I\ .II Ul='llfHJ..I 'l ll\ ,., u-11111q•,11. I" ."'I\I
\1•111 11 i,, :01q1 11,,1w1111,., 1,.,111•,111.,111111Ju1 1,1pu.,, .,111 ,r ,,1..tuu, .,~ .,q \1•11111 11•111;,p .,q1 p• .,11111·:, ,'11 1,,1111111:1,111
111 pn·, 11111\ 1•1 ~.11·11 .111t 1111 1,;,1111110 .,11111· im"1r f,JI•,\\ 1.11•11111, p.,111.,p ,1t11•11w-11n11111·1t1 1· ·'~t"II 'I lll11,.'11•· 11 II
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,tu11rnrn1 I\ ,,, II 1, J \lJ,1~,< .uJ f'i•h,, 1fu • .1 111 .:1d1.mt lk•l dur~,: h11 Nd, rdi:11.•J ih:m ) \ ,·111 ~ 1h.J1 tht.· ,·,,mhu ,i:J ru1oc .mJ lh:'lf hl t.h,1r,:1.· h:m; 1..hJr f L.J 1, uhJ~r ~,1ur ,ig_.1w1U1.:' nnh nrnJ Jull.ir lnntl \! ... ,. \Cfll~ thJ I ,,i; Jrc 11 ~111~ 1..h.u ~t.·J .,k I.I\, ,,ur IJ.\·l!'\4.'mpt muu"'-.-r , .. 1mrmntcJ ,,n 1h .. • l\:JrJ lJ. l 'naccl'Jll:lbl e '"' ❖ I ,1nl! the Pi:JrJ h1f r,:r"1tt.1J p.ud1J,~ ❖ ;1uh.-h ,1,1., 11,cr )our WRJltuL' Jt1tl>l,nl~ l11n11 01, idm~ an r,rdt."f '" ~u I> 1h1, l11m1 '" 0111 .111,1,,ed ❖ l a,h J1..h.tn1.L."'\, lt,1,.:l..:r·, chcd .• nr da...-U'IC' <'I \ I I m;u:him:s .
❖ r u..-1 h,r ~ ,..:hi~lt,:,_ Rc1rn~u""°mcnt for 1111lca~c should be made sep..1r31el>
❖ l\m.:h,1,c 1-1f c:omp.11 cr hnrd\hlrt: Jnd 011,,.m: anJ rcltih:d pcriphcr3l equi1)m~n1 (1 .c printer, unil
I'll\,)
❖ Purd1.1'-c' ,,1 h,tmir .u rc1all ur ,,h,1lc 1,h: tic. Jtquor ;ind grocer) 1.itore .}
❖ Pur~h,1\c ., uf ci1p,1,1l 11crn~ hl~lincJ ;1\ n--;1 nmr~ 1h:m SS.000 ;JncJ .i U! tful lirt· of more th:tn nnc ~cJrl
cxccp1 for .m1hori1cJ l)11n::h.1liing llht,lon per\onncl.
❖ Purch.1.sc:) or mea ls. food. nr drmks. t..•lc for perso nal consump1ion unk~?ii 1lu.· purch;11.ic i!I rn:id (• u~ 1'1Jr1
tifa hu,in c~, mcc tln.i;
❖ I xcc,;,~jvc lippin g UiJl 10 e~cccd :!011 e ,,f the-to lal bi ll.
JO.Vendors
n~cau~ • 1hc 1•c~1rd 1, lhc..· rccc,num:mlL-d hml tc,r ltrn -dolb r \ 11luc purch:t\C. . !-elec t \t.:ml or. 1ha1 cum:1111~ th.: t.:!ll
~ ta.~1erf ~1rJ chari:,c"' "hcnc\ i.:r f't',t.ih11.• No t II~ Fin,mt.'.t of frequent!~ used \ enJors wht1 dt'I 1101 .1 CL'(ll 1hc 1•c11r J .
l lm~c \t.:ndor. \\Ill he: \.'.t'll\lJt:H:J 1n i1m.1J,:r h1.·,t'1mmg a 1\1,,..,terCarJ mcrch,1111
11 . Reco nci liati on or Pnrcha c :
,~,1ur 1>.:11,inrnc.•fll 1>1n:,1ur h.1, J "'l i!Ol!,I ~ou J l1t.:arJ ""h c IJllh'!.hcJ crcd1l linnb anJ l\1 ll -:oJc.· Julhtm1Jlh.a1..,,
lie-,he hJ~ 111 .11 dc-1cnn1ncd ,, lk.1h1...-)OU\\ ill r1.'C4.mt..1lc ~1:-ur O\\n sutcmcnl or it {o(l11lCOnc d>t ~ n.~pon ihlc fi,r
rc..'\:tHk.1lin • ~ our . IJ1cmcnt on },•ur ht..·lulf If ,ou \ lt E ~our O\\n rc-condlrr. ~ou mll'-t n:-tam )Our rcrc1p1, trir
S.lJtcmt.-nl n.~tHk:tliJ11on (~,: '4.'\'.IIOn I:?). If ~"u arc OT ~ponsible for rccoocihng your Cl\\n MJh!mc."nl. )OU
"111 \lmpl~ ne<J 10 fol'\1Jrd ) ,~ir r<W•J'll le>) ,,ur r«<>ncilc-r. h , the n:spon,,bilil) or ca ·h Dcpanme1111n
,tc1cnmnc \\(1rL.flm\ rnur Dr.:r-irurn:111 l>m: u~ h,1~ :alw namrtl 1hc ::ippnl\er or }·our uo1cmt..-nl You luh· h...~n
~I\C-11 J P,.uJ I ,lt..1 ~hL-cl mlm1111n~ ~ou ol ,,h(, ),,ur O.'t.."Oflt1li:.r ru,d .:ipprO\c.r 1:i,
I 2. \ ell ' Fnri:o flank o mmcrci:il El,·c tronic Office (C EO ) and ommcrcial Cnrd F:xpcn ~I'
Rcpnrtin i: ( ' ·•:R). ·)~tcm (f ur lt «oncilcrs and Approver Only)
I he \\'ell, l'urgu ll an l. ('I Cl .,ncJ ( l 'I I( ') ,1e11" ,ire !111rn1ct based pwgr.1111\ u-...:J tu .1d ,11111i,tcr th e l',.ird
l'mHrJm t i14..• \\Ch uJJrc,, ,1~tH .. H1 p~ti;c ,, hlljh ""•l_l -~,1ll i1..:,·.~Jl,t,1U:'~l l 'III u·11 ~~1111n ,11 1h UIJ' p.
I he l'( I }{ "'~ "ill'll1 ,, 111 l•n l~ \\ url.. "Hh lh\· MitroHJjt /u tt•rn t•I E.rp /11 re.r bro\\ r:.cr II 1~ 1101 c,1m,x11 ihk ,, uh lhc t 11 ~ ·,
, f:~mn 1,1 1",.ci,,,carc-
I hr ,ia1c mcn1 -c nd111 ~ dJ lc " 111id11i~l11 <1li 1hc :o'' ,,t ei,ch 11 1<lr llh If the ~o•• fall, on u 11ce~cml. 1hc ,1,11en 1c111 cnd inpl,llc
h1.·1..:0 111 c.., th\' li 1ll 4m iny I m· ..... t.,>
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(<'ER Ema il \ulil·c~ lkln\\ .m.· lour 1111~1.·lr.trnc, uk•n11licJ 10 mana~c the Jppnnal pr, ·c-,, for tah:mi:111,. ( I m.11I h.0 IIIHhk1, .,re ,cul •• , lltt.· l.1r,tholJcr, :ind ••rrr1,\\'" Jcp:11d1ng \)I} tlu.· m1m~r ,,r J;t), (llh:,,.·J f,11 t.Jl,,h "'-·k·uorll ltenunJcr l'cm ... l .... t,r.1~1,• Jlcr11,J 1 ·1c.mur l'cri,iJ fl,"' nJ.,acl l'cri,J ~ \.:'aknJar ,1~1,, .,her 111111.11 cm~1il ti 1.~. Jun· ~I-June~~) \ cak·nJJr tL1~, .1ltt.:r rcmmdcr e-mail 11 c J11111.: !~-June ,hi • calcnJar d.t), I, c .• June ~ 7-Jul} I) I nd,•l<>dc(u• lul~ ~)
\n 111111.11 cm.111 ,, ,,:nl 111 lhc c,,rdholJcr 1he Ja) 1h,· '1.ilcme111 c~ck,
I h,· rcm1mfcr 111111cc ,, cnl 111 lhc ci,rJhuldcr UI lhc end 111 1hc reminJcr p,·n,,.I
• IJ11r111~ lhe tr.ice rcri11J , ihc cnr,lhulllcr ,t,11 h11, accc<s h> the ,1.11cnw111 .on,1 :ii the end 111 the ~r.1u• rcr1o"I .111
e111,1il ,, ,cnt 111 1h,· .1flpr111cr 1u,1mi; any ,tu1cm,111s that ha,c 11111 h.cm re, IC\\,·J Ii) the e111plt1}CC ,111,I need 1., he
re, ,rncu b) the .irpru,cr
• Al clc.u111p, nn l) the llflfl£11,cr ho s occcs, 10 1hc Slotcmcnt.
• \ hen d11\\11l11,11) 1,mcfr,11nc i, rcochcd. no funhcr rcdas~ification can be Jone .
• Nu1c . If 11ppro<'cr doc, m11 rcvic\\ 111 of Pocket (OOI') c,pcn,c,. the OOP c,pensc~ will ht: ,o1mcd 11, crtc•
,uhscq ucnt C)Clcs 111111111ppr<ll'cd.
f.mnil Remind er~ Sent Anto111 nti c:1ll y:
lkronl'ill'rs :
Stu tcnoc nl llc:11 1) fur re, h:11
·1.11,111c111 l<.•,·1<·\\ lor 111111 1hl) )))'
llear l ,irdhuldcr ·
, our 1u~, iou, ~~de\, ,1.11c,m:n1 1' n::JtJ~ furn.·, ll'\\ ..1.1
h111t,: "'·lhufftt••·"''ll,lu1 .. •u.,u111 ''" ,1:.:,mm ,1g111,n,1,11
l'lc,1:..: complete ~our re, il·" 111 a llmcl} 111,mncr and fomard ~our r«cirits a, appmpri.nc
ltcmindrr m•II (reminder period end dale)
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If )11t1 do 11111 re, 1c\\ )Ollr ,turcmcnt. )"'" arpnwer "ill Ix, nouli,·11
II i, lhf' rrcuncllt1 \ rt'lipon"ihllil • "ohln lh'-' 111nc frJnx dc-.1..rillcd Jf1'1\c, h1 n:c,,m.:tlc )Our ,1,111:1111:nt(,) h'
cn,nn: 4111 the 1r;.111,a1,:1it1n, po\ll'd ,1rc lcg11im~\lc lrnnsJclinn~ made b) )'Ourself or lor 1hu,c ,vho )1,u nrc
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Alter )'OU 11:l\'C: rcvicwc I )'Our ~Hl tcrucnl nm.I ~nt hcrcd ull rccciplS. ynu mu st It orin t lhc st.ucmcnl (nrjn1Jr.mn
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Dear 1\ppn"cr
n,c folk"'ong carJholdcr{SJ ha>< ,..,1 rc\lc\\cd their most recent sia1emcn1
I 1r-1\/nmc I JSl1'3mc ta1d • "
'"" no111icJllon, ha,c hccn sent 1,, each cardholdcr bul the) ha,·c still failed Ill rcvic" their
,1J1cni.111. If) ou ch,~1,-:. ,Clu ma) re, ic" 1hc s1a1cmcn1 o n 1he carJholder\ behall. n,c ,1a1c111cn1(,)
c~m he nc-cc~,cd at 1111.,,:,,,, ~!11}, t',\\ 1•lhl.1r110.wmlft•11(,i"n1111 ,iu11 on.J,u
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Dear /\pprOI er:
C'o rdl loldcr_Nomc hJ 4i m, ic" cd his/her most recent s1a1cmcnt and it is ready fo r your re, icw at
h 11 p'-:fi'" t•lhu I fkt•, \\ rll .. f t1 ~•::,11.,·1 1111 rn•o1 .. ig111111 , ,.i:,:non. i "U
Please cmnplc1e i c>ur rcvlc\\ in n 1imcly mann er .
l'I I.A.SF. 1(0'11R 'I O \ llllfi cn:11 Al'Pk()\ ER Q UICK RL : ! 1.J'', <. ;u f llE ror dti•lkd lnsirutliun,
o n ho" lo ia 1111r°' t s1i1rn1 c nh anti make mudilir:11ions to n1 11 ,u ·t c~ ..• i:, s.
/\ltcr >''" h,1,c ri.:, 1c,,..:J jllJ ,1rp,mcJ lh\;' tJrJh,,ldcn,1 ,1Jl1;'ml!nhiJ. 1Ur\\,1rd 1hc ,Jr,lholtkr~· l'n,dopc, 1,,
\,·,·,,un1111~ lut 1i1111i; .mJ JJJ1uunal "-"' 1t:,, h~ JP\. 11 L",ln~1Jcn:J nc:-,es~~
l'IIO,\IP r IU'( 0 ,\CILI \'rl0\ '"u Al'l'R0\ AL OF E\'ER\ ST,\ I f:\IF.Nl 1!. C RI nc \L 10 l llF
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I ht:<. t"l R ,~,1.,•m alkt\h cmrh\)"--C'-tu he-raml:,t11"C"J for Cit) c,rcn,~'\ lhc~ ha,c ra1J with p:r~on.al h.in..h
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lll\l(Ud1,1n, on h,,,, h• U\C du, h:.t11m: oor 1113} he 3 C0(1\('ntCOl mc:lhod for ~ OU 10 be n:1111hu1~ 101 lhc
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❖ t,. 'i1~ t:\~11,c.·, JlaiJ ,111 ~ our hch.1l f whcrl' thl.' , cndor did nol accept thl' Pi..trJ
U) u,m~• !hi, lcaturc off< t ~-11 "'II rd1L"'l' you fo,nn h:1, ing 10 create {1 kct1m:,1 IM t"a,h l)·,hurwn11:1H I orm
j('l)J ,m,I \\,titin~ Wr :1 dwl·~ t() he cu1 h} ACt'(')tllllS f'ayaMc or from ha\'ini; 1t, rcquc,1 rcllnht1r'\cmc111, 1,1 ,1 ui..h
\tt1t1rhc1 lt1n11 /\ lthou~h ~ ~,u ,ire 1101 preduded fro m u,ing :, CD nr car,h vtmd1ct for 001' e,, .. •u..,l·,. i• ,, lWl,11111)
rrc,,1n111L0111t,•~1.
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jll'rl111I. 0 1, I , • I ht' l1Jt11ro, ,•r rnnno l upproH' 001', until IIU' ,1:1 1('11u•111 c~dr, \\ t:lh I ,lt'l!'' 1,111\·,, .. ,l',
t H •I' 1t1h ,,,.._ '"'!'' 1,·t 111u111h .tt 11,l' ,11,I ,1l 1lii· 1.k.1111111 f'.'th!olf \\llh 11111,&, ~·mi:: lr,111•.IC'm:,I h1 ~,~, t,.mL •'"'' 1•11111 • , 11 u ,I ti I ol l',1~h 11101111 l>i,11111,•,I or Fruncln lt>nt C'h:1n:cs II .11111 .. ·111 h1 .. ~,·n L·h.lfJ!C(I hn1 IM· 1i.11 ~•1.11 r..·,,·1\ .. ·11 , •nl.h.t lh.: 111,-r, h.m1 h• \1.·111\ \l11rn1 .. ·u1 d.ni: 1111 .... ll...,I• h.,. ,.._\·11 ,,r \\1U '"' .. tur1lt'll '4,on 11 1, 1.:,.-,,011111.·mk-J 1h.,1 ti"'"• dMrJ'l" hi.· r;u,I .u the 111111.• 111 U1,· ,t.1tL'1n,·111 Ir , h.11r1.·, ,111. p.u,1 hul 1h1.· 1k1u p1h hoh,·11" IM'I 1\"\Cl\1.·,I t,~ tl,c uc\l -.1.1fl'lll1.'ftl , u•llt.11.:1 ,,,111 I'\ J111 ~1,,M,u11..• 111
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mmw,11,IIL'I}' lkl'-'11111111• on 1114• 1, I"-' ,,I d1,~rcp;mr~
1,•,41IH· lhl' \h,p1111.·d 11.m· ,11111111
,1.11~mcnt. 111\ !!!!l~.!!i!J,' th,11 th"· 1, ,u.._• h,· ,hlJ11,,-..,l.'J
11'.--Cd IC, Cc'\f113cl c11h1..-r th,· mcrd1;1111 or) our r \ u,
If ptu hclll:,·c the 111c..-rdm111 ha, ch.1ri:i:,I )flll rncom.•c ,1• or 1hcn. 1s an oub,t:mdinb qu;il il) nr ~i.•rvicc 1,;,,,111..•, l!!.!!.
11111,1 nr,1 ro nl:ltl lht• rntrcl111n1 :1r.~l lr\1 to rrsoln ,: :-I'.:!.!!!!. t1r 1m1hlt•111 Jfyou nrc nhlc tu rc,ulvL' lhi.' nrnlli.'1
d1,cc11) wi1h ll1i: mcrch:.nt. nnd the i.·rrm im·olvcd nn n r .o,1r1• •• ,1 L"n:dit :ulj11 ,1mc111 '.\lmuld hl' t1.'tft1l'"'h',I 11ml \, 111
,1pr,car 1111 your m.·,1 s-uncmcnl. Ntih· Th~• ,11·m ."ll,011/d n.• I ·1,,111)!/111·,/ ,m .. ,,,,,. ,·,•c·ord lo!,! ma h'11w1,l,•1· '" tn'l/1
lllrtl rm n•r It n•,/11 hu,r b,·,•11 ''"'•,,•11•.-d.
II 1hc ml0rclmr111lis11grcc11 thm rm mliu~tmcnl i ~ ncc1..--.s:1r)', irmn"•diatl'l y L:11111:tl'I )11ur 11A \\ ho \\111 \\Of~ \\ 11h \\cit ...
I ,11ru 11, ri:l-olw 1hc d1,1111 1~ \\'c11 ... 1.1ri:u Han~ ,,111 ri:,111clol crnn plctc lll'laih ,,11hc tJi,pu li.' tn wri1111r 111111,k1 IH
li.''-Ca rdt lhL' 11cm m <1uc•-aion
Wdl, I ,11r,1 l\,mL 11111\I n:1.c1\·c :in~ d1.1r1;:c ,h,puic nithin t,O d:1p: of1ht· 1n111,:1c1lu11 11111 <' Wluli.' ri..:ndmt
tc\.11111111111, Well"' l.lf)'i' ll;ml ,,111 nl·,h1 !he 1.omp;in~ ·, ,tl°,:our11 lor the ;111._,11111 o(lhc dhJU1h;,I H, 11..,a~11on
Al1h1111::h "-ell, I ,1Jf'' ltu,~ ih 1, ,I\ llw .1rtn1r.111,r 1n an~ ,l1,pt.1t\.'. ~,"1,h11u lll nc,1.•r ,l\'Jllll1l· 111.11 .1 lh·,1uue \\1111,•
t\,uh,:J rn ~nur l,l\'rn
11 tlte dl\pule i, not rt:'«1hcd to )1•ur '\Jli,fo~uon. anti )Oll bdu:vc the mcrch,,'ll ha, un1.11rl) 1rc.11l'J )110
plc.1..c nulify )t'llr m,111,,~cr \I 11h 1hc n:lcvanl dc131ls
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m1t11Cth.11d~ U.• ',,u, l·A Pn1mp1 r,·ronm~ or 3n) such cha~e \.\ill hd1, to r rcH·r\1 Ilk' i..Olllf',UI~ IWJII ha.·111~ htlJ
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❖ I >ut•1d-podc1 !lip,;;, ll1otl. ch: ~ ,mtl per-diem rci111hm,,·1ncn1 (nith n1,J1rt1\,1I 1rtim I immcc mu l
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L\l l'ORT \ 'ff: \'Oll ~ll'!-, r STI LL ('0~11'LHF. T II E (Tl\ ·s TH,\\'EI. A l'T II OIH ZATIO:'i nPf.:\!-,f. Rf.l'Olff \\ hen 10 Hc11uht Out-or-l1ot~e1 ltl•1111hur-l·mtnl for rrJHI~ One•: 1'11un~c .md ,\Jn11111,1r,1ll\1." \1.n kc, h,1\ .1ppr<',1.·~I 1hr I r,nd \u1h~•r11.1 11 11r1 I ,,,1..•n," !h.-pon. ,,11 .11,J ~11ur ,1pp(1,n cr \\Ill n,·i:c-1,c Jn cm.i ii 11utho1ul11t;, :(ill w ini11,11c .m ()()P \ Oll Alff l'ltEC I.VIH.ll f'llO~I INITIATl'i(; \ 111 \ \'EL ll !:LATl .ll 0111' I i' 111 . \ 01 IIH Fl\'t TIii\ ,o nr1c ,n10:-•-110,1 Fl ~A ,n:: ---
1-1.Pcrson:il/ o n-Bu sin es~ C hurgcs
In th~ CHIii 1hat rx•r-,on al ur non-hu\mc,~ rc:IJlcd item, :ul.' .. u:c1llc111all) l'h:ir~ ... -d on thL· c.1rJ. rc1mbur-.<:111~nt 10 the
Ci•~ mu~l he mJdc b) i;.utinuuins u rc-~ona l chcd pa~ :1hlc 10 1hc Cit~ of l--nglc\\4Xl<l, "ilh J 1h,1~ .111:,d1r..-J
shcm ing the .:K:~Qunt to he crcJnrd f"hi\ n:1mbur..rmcn1 mu~ t'lil: completed Jt 1th. 11111c uf s.1a 1cmcn1
h."Concili.:mon
RE PEATED OCCl'lutF.:-Ct;:-, (It l'f.llSOi\AL Olt 'ON,BUSl .'IIESS !IF.LATED ITE~l'i nrn,c
C HAll GF.IITO TII E l'CA llO ANIJIO ll IN l'ENT ION1\L MISUSE OF TII F l'C-AllD WI LL HI , 111,f IN
C HAH GING l'IU VILEGES Im NC, II EVO KEO ANO Ol!>Cll'LI NAllY ACTION TA KEN, llP T() AN D
l i\C Ll'UI N<; TE ltMI NATI ON.
IS.Change In Em plo\'ment S1a 1u s
rhc ~nrdhoMt.'r ,, ill ii•irrc:ndcr pt.1,,c.. .... -.i\lO l'f hl-'r hi~ P1..·:ml uron 1cnmnJtion ot t.'mphl} mcnl. \\hcthcr lot
rctirc:mcnt, ,ulunt,11") sepJrnlion. ,._.,,~n::tkm or ,li-.1111,,.111 fhc c-arJholdcr IIIJ~ bi.· ,L.,~l.'J tn "'ium:ndcr lhc 1.:Jhl a1
an~ 11 111c c1L-c..·111~·c! ncc1..-s'-:lr) h) lhl' l)ucctnr nr lhl.' l.twgram Adinini !(lrJlor
16. If Can! Is Los l Or S tole n
f.:t..·er 1hc P,arJ 111 J 1Jft..· rla~\. ,It JII hllk."" If 1•1c r~a,J j, 1, ... , or ,1o!cn. Cflnlokt It d/, , i,ri,:n ( 0Jri/ -~·n ,,·,·.,
1\1'1.'.l>I \ I F l.\ ,ll K1Ml-9i!-00lh ,ond 11011f~ .1 PA'""'"" u, pc,.,,,bk .
• \\ In ,lul thr C 11, llech.lC" lu p.1111c111;1tr In a £'urt'ht,in~ (·:ird 1•.-ut:1.,m .. I 1~\.' 1111"'1 "nmp;mic, tuJ.,~ \\~ .,~ t.."\l'l,,nn!! ,,a) -.10 ,1r..:.11nlinc ro...,_.1...,'\C, • .mJ n.."tht(L' ..:-t,,1, I t1.:,1ucn1I~ lh1.• c,p.:n...c, llh.Urrl'd 1,, l'rt~l'" a "11..111 Ll,1ll;1r purd1J"-" ran run a, lu~h ,h 1hc pmx ,,11hc ll\.'111 ll\Clr
\\ uh .1 ru11l, m.111) ul ti~ IH'IL,111111n..l1 "111~ .h'f" ,111,ultl ""-' di1111n.1h.,I mduJ1ng. {!l'ti.:r.11111~ .1 r1.'\,1Ul'llh1n,
f'lf\.'J'.lflll~ ., ftttli,.h,1,~ 1~,k.-.. ni;.111.:luni• .1 J\"lr.111~ ,hp ht .1 r-m.lu'-l" Pt1k'f, mah.hing tn\'Okcs \\llh purch,,,mr
h'1flll'lllun, mJ1\lih1.tl l'-l)llh,'OI, nl mh,11.x "1'
• Whal i, tht· p1ocr1 lurr \\hrn I 11:1, for ,umcthin~ ~ ith m~ Pr ard?
h-.~1111.111). 1h1.· r,r11i.:c..,, 1, 1hl' 11;.:imc nc; \\hen ui.int )Our pe:Mn-'I credit card Yo11 n111,t ah,11y, .,-.~ for u rcCl'IJ11
h,r )'Our n:1.:01d,, l'Mfliculatl) lt11' phone, 1.,). and mail Ctrder!i
Ye,. in ad,htum It> m1r c11 1111,an) policy ~toting the type nr produc t, ynu can huy , nthcr co ntrol, and
li111 i1' nwy he p l;icc,I 1111 )<H tr l'cunl includi ng:
.11110111h lj dullrn limi t
,1 "1)l'1 tnm,a~ tlllll" d11ll.1r 1111111
"h1olLl'tl" 111~h.h,1111 1.,1h."~•nrico1i
, ou ,huuld n1.1i111;1in n lnp. ,11 )our 11urch,hc-,. to ~c-cp a running tola.l of )-Otir c,pcmhlun:, Om.:l' ~011
h.i>c rc1,.;hcd) '"" lnnit within n gi,cn month. 111ur l'card "ill nut he accepted for adJ111on.1I f'(•rd,.,...,,.
I II Jctcrmine )llllt <1ul",11kling t,;,l,111cc at nn) ghcn time. )l>U tn3) h•gon 10 the ('{'I It') ,1cm or ,.,11 the
11111-lrcc Well, I nri;.11 IIJn~ ('u,1v111cr Sen 1ec number on the b.ocl or )'lmr l'card
• \ tt.11 ,i;huuld I tllJ ,ru ,up11lirr clnts nnl accrpl lhC' \\'t ll" l·:.rJ!u H:rn.L. ,•urC'h;e,inJ! Canl'!
Plc,11oC uml,ld )01u 1•11111,11) t•A .nu.I pm, 1dc hirn'hcr ,,1th 1hc ,up1,lk.'r\, o;um:. add~..,.,, and plwnc
number.
You Jtt' not rc,puo,iML" lor thr p;.1y111cn1 c,I )Hur 11-.:,ml llllt", I he monlhl) ~.t1c111clll )il!J rt.·,:ci\C 11.; lot )our
rc,·1c.·v. onl) \,,:crnmh l1;1)uhlc \\ill 111.,Lc \,ccU) p.1)mcnt, 10 Wtlls l ilrg,, Bim~ t:t1\oen11f 111.:.ml l'\f't.'tl\\!''lo 14u JII
1;ump.1n) ~·111r•l11)-'Ct''i. 11,111~ lh~ 11t~imJ
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Onl} ,,~ 11 \, \\llh the ,,rrnn.11 ofthl.' lk:,.1rtnh:nl Diri:doL tu, tlu· aulhont\ IU &:hangc..• Jl1~ C\l\llll~ 1n1,~m1.11ion
M rc-,1ru.:1111n, 1n J i..uJhuldc-r·, .Ki..,•uru
• \\ hu1 ~huultl I do if I lu:u r a p rohlrm :t<~otialtd "ith son1t'thin~ f bou~hl "ith m~ l'rard~
l'lc,"c rdi:rw ,cc1i,1n I~ -"l>1,p u1 cd ,,r Fraud ul ent Charge, • tho.< ~uidc fn r comple te dc1 a,b. Ii is
cx1rcmc li imp<>rt:1111 that )11U 1101lrc,; thc,c item~ imm cdia1cly .
Ontc} 0 11 h,I\ c comr,l1:1t.•d l1c;1rd tralnm~ Jnd ,ig,wd the Cnrd I loldi.:r User J\grccm · 1l, ; ou will be ~1, en ) our
Pc.nrd. Y ilU wil l nccJ 10 folk,,, 1hc 1nstruc11011~ on 1hc l,1\'k:I affi>..cd to the card 10: ,,, atr } OLJr t:ard .
• • \\'hal ,1,.oulll I du if fl\) runt i, 11"1 ur ,111l•nJ
II 1~ c,111.:1rn:I) 111l~lr1,tnl h• i:.111 \\'di, l'nr~o Uanl\ Cu "nti:r !-•~n 1..;t.' ;II N<kl-9.t.~4 C.IO:;t, l\l :\I FO IA I El.\ 111 tlw
cH.'1'11 ) our c.ird 1, lo,1 ur ,h,lt..·n You mu\l 111\CI nntif> i \
• C:1n anolhrr r mploJrf' u1ili1c m~ nrd for 1,urth11,-. ,;
I .kh 1•,.uJ 1, 1.•mhch~\I \\ 11h II~ 1nJ1\hluJI ~u,,,1,,,1.-.:·\ name 1111.' "~nipl11~1..~ i, rt.',ron,1bli: tvr th-: rro(":r \L~: u(
111, hct ..:dJ'J. tr 11n lin1t \lm11l,I u1mtht·r l111ln-id"ul utifi=..-rour Prard.
\'l',. th.:\\ di, I .u,go 11,mL l'tm..:.h,1,ing l JrJ i, a\~("l'[ll.:d \\orhh, iJc. T'u,...,hJ~, ,Jn he mJd'-" m ,111>
currtlKJ ,inJ li1lled ml -.; I >t,ll;ir,. I he currcncJ. J\ \\di as the forc1g.n l'\~h;m,:.c rJl\." ulllitl'd. ,, ,1·1h.'tl
lur c.,..:h 1r.11h.1i.t1t,n on ~•>m ,H1h:mcnt
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C h,·d nnt (irapphcohlc):
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11 ;s \\ o,rord A\'C R,-crealim, C'cnlcr
3380 ~ I ,ncoln S1 Malley Ccncrr
210 1 II' o,oi_nrd_A,..v_c _______ <,.,io,...lf_(~·•c.-M_IN:~
1500 W I ,aycon A vc .Allen l'lanl
----2c'9~0-,-(I S l'la11'c~• 7:lt7iv_c_r I")-,----I .IE IVWTI'
2soo, Pl~r S~◄''
361 ~ S I l;11i 'it l'nliccTiu •ink'< -•
c ·:.nlholder
Or11;1r1mrnt l>irttlnr
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Plcr:.\11 Forward to Ke,•ill £11gel~ ill Acc01111ti11g WJ,e11 Complete
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Appl'ndi~ 11 CARD IIO LD ER C HA~GE FORM C".1rJholJcr \,une Strtinn I • Ch.Inge ~unJ l>t\1'1(•n·• Y \ (('irc k no<)
NEW Fun d/DM,lon
S,•,·tion 1 Chanl!e C>thcr AdJ~s-1 Y , It 1rclc <,nc )
Curren I
✓ (c h«k one) lcrhc<k onr ) 01her Address Location Name
11 55 W Oxford A>c Rt-creation Ccn1cr
3380 S Lincoln St Malle) Ccnl<r
2101 IV Oxford Ave G!llfCourw
I 500 IV Layton A vc Allen Plant
2Q00 S Platte River Dr LE WWTP
2800 S Platte Ri ver Dr Servi Cente r
3611 S Elnii St PolicclFin:
Sm/oi, .1 . Ch,111~• l'c.ml l'ar.1mct cr 1.c,d ( I •Kl? \' N (Circle one) (Sec Appcndi, Ill)
Current I c,cl
Strtim, 5 (ll;inp:r Arr,ro,cr " Y N (fm.lc n11c-t
Cum.."fll Aprnt\t.!r
s .. 111111 6 • Rrq11ir,i/ SiJ:111//IITt'.<:
C'anlhuMtr
ltr1u1rtn1e n1 Oirtr111r
NF.II LE VEL
M :11 RF:CO\C:ILER
, Ell' Al'l'KOVEK
Plellse Forw(lrt/ l o Kevin £11,:els i11 Acco1111ti 11g W/11111 Co111p/ete
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... I l-t1tt \1 1111,1 ,j,, II
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Appcncli\ Ill Cic,· !!.f F:nglcwoocl Peard Paramct l'rs < '111 · 11/ Hu,:h·11·m1d 1•11rd111,loi: C'urcl l'ur:tm('ll'r\
.Sl.1mi1
Lt-,rl ., Ul'Ch.s.'C ·r monrh MCC hK hl\lt.,\\
s ~.(MIil s 25.000 Al.I
I.I s 5.IIOO s 25.w.' NOT~•
s 1,.100 s 12.500 "' J s l,.IIKI s 12,500 NO 1,1:.L
~ s 1,000 $ 5,000 ~11.
5 s 1,000 $ l,OIX) NO l'&I '
6 s ~on 5 ~,l(II) All
s 1!111 $ 2,IIKI NII lr\.l
R s rn, ~ I.IKKI NO I .ti
I 1..~ F" • Tr:n el~~ t-:nh:rhtinmcnt, "hkh in dude~: airl ine, hotel.
rental i.·:1r ;tntl re,taur:rnt i\lC-C' rtHh.·$
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• i\ppend h I V Peard Rec ord Lo)! Pl!rn-J CO\trcd · ! 11 Card 'llun,bcr
\11prnc lh \" Card holder Us er Agreemr , '"1 Jh· h,:mr ·111n1,h.:J \\1th a l"ll) pf l·11~ll·\,,~J 1~m.h.1,mJ? cr"·,ht ..-.mt ,,,.ueJ h} \\ell, I .,r~o H,1111,. 1111..• ~ .11,I t, 1,111, Hkcl w ~ou h:i ... cd on )Our nc1.·J 10 r,urcha,c 111.itcn.11, for 1h~ t 11). 11 i4i 1101 ,111 ,:nlill!.!mcnt 11111 r.•lki:1 1h' ol 111 1c 01 i,1,,111011 ·nu• carJ 111:1y he rc,<>L.cJ ,It 30) lime \\1lhoo1 )'fl11r i,..:nn1<,i<lO Y,,ur ,itit.11 ,m.: ~lo,, m,lll.th.~ 1h.1t ~(\\1 lo\l' h.,1J anJ ,,111 i.:omrl) ,,i1h 1he 11:ml• ur 1h1, ,1gh.-cmcn1
I I un,11:r ... 1.11"11h;11 I \\ill he 11t.1~111): finan\,':i;tl 1.mnnu1n ~·nt, on t"-•h.1lr 111 Ilk' c·11~ .ukl ,,111 ,1u,I! 111,,ht.nn 1h,.·
hc,1 ,.,luc for 1hc ( ·11~
' I h;1\l' r.:JJ ,md ,,m fnll,n, llu: Purrhu,ing Card r nlidr< 11ml l'ruc-r,lun·" \hmu:al. I .nhm: h• ll,1 I,() rould hc.-
L1m,hkH:~I ;t\ m1\.1prrn1lrl,11io11 ofl ·11) fund ~. I ,ulurc 10 compl) with 1hi-. Aµrccnu:111 tn;l)' n.!,uh in t•11hcr
n:vnc;.uiou ol m) l1">1.· prh ilct;c, ur 01hrrcnm.~1iw ,1c1ion, up to ::md including t'-'r111 i11.11ion
t I 1mdc.:r,;,1:111J 1h:1t umlcr no 1,;lr~mnstancc~ Mil I U\e the Purchasing Card 10 make r-.crsnnal purd1aw-.. c11hcr lor
111)''\CII ,,r for olhl.'.r\. l Ising 1hc c3rd for ptrwna: charges could be c:onsidcn.-J ml'-1rr,ropna1ioo nl, 'ii) fun,h Jntl
t1mlJ h.0 ,uh m tom:C11\C ,1\allun. up 10 and mcluJmg tcmm1;11ion nf 1.."l11pfo)mcn1
-l I tl}!1Ct' lhill ,huuld l \·iul:itc the 1cm1, 111 thi\ \1!n-cn1en1 .ind 11'4.:' lhc l'm..:h:1~in}! ( .trJ fur p:, .... 11.11 U',(' ot ~Jm.
1h.11 I \\Ill rt'imhum lh.: C.:1I) fur .111 mumcJ ch.ir~"" .ult.I ,111) fcC"\ 1.:L1h.:J 111 tilt..· cullt..•t..'llon nf1hci,c '-h,1r~""·
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~ Ilic l1un:h.1,111~ t':,rJ i, j,;;:1,ucJ in 111) IJ.lllk: I \\Ill noc ,1ll0., .»1~ ttlh", p.•1 .... m lo 11,t..' lhc.-r..,irJ, I ,!Ill cun~ak"fl!tl •
, ... .,,.~11Nhlc.· for ,m) an,I nll ch:ui•,c, :tg.11n,1 1hc 1,:,ml
ti I hc 1•urch.1,1ni_: Cardi(, \ttJ ol 1 'nrl,·\\u('K.I rc•'f"-"11J \\ \lk:h, I 11111,lt·1,1.1ml th.it I 111:1) ,~ 1-=rn~h1.,tll) 11.'lJIIU\:J
m ,·om1~ly with m1em.:1I i.:0111rnl 1m~t:d1111,,•1, lk·,i~nl'cl II• prt1t1.."d 1hc ('II)·, ;111.1t.t•1,. I hi, 111;1) i11d11tk l,1.·111~ ., .. ~cJ 1t1
prn.Jul.'-' the i:urd lu ,;did,11i: it\ cxi\lcntc .11111 ;ic1,,1111111 m1111!x-1
1. I ( 1h1.• c;mf i, lo\t 01 ,1nlcn. l \\ ill i1111ncdim1."l)' 1,rnil ) Wdl, Fnr~u Bank hy h:h:ph11111.· al k00-91:!-0016 ;uKI u
1•~.inJ \1hni111,1m1or
~ I "'11 rc1;1in a ll rcc:dpl\ rt..'M1hin~ frnm l1urch;i,r,in~ Cartl u~c and lorw.ml th~m h\ 1h~ t1f!pH1JM"1alt..' 111J1,uhul ·"'
tk..~nh.·ll 111 1hc pnlic1,, .mJ ptn"ctlun."'lo m:umal
'' I :1~1,·c to \Urn~11tlcr tl1c Pun:lu,in~ ( 'JrJ i1111nt..'d1.11cl) llf"'~n 1,rmh1.11i11n 111 \.'U1ph1~ mcul wht:tJ~t lot
14;.11rc11t\'fll, ,ulnnt,n)'. '" m,oh111l,lf) r,·.,,t._1,.
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l)c.·p::irtmcnl
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\I t \IOH \\Ill \I \1ny,w \\ ,ff1<l\,:11d I RO\I I nch:,,·,ll\C <:11, c'ounc1l ~lcmlx-r:-. """") Rc,d, \~Wl,11\1 CII) \111,n"') , ltr r,l.--llA TE: ~1.ty !2, 200IJ
Rh(r!\RDINCl S<11lc111cn1 ofColher I M,irky
c.,Jher. Carole,,. l:lora Mnr)cy f'k ·• I esli Mg,nn, Jmncnal I .end,ng 11 .C. a Colpmdo hnutcd
hnhth ty c1•mna11v: M1dwc.~t Firs, fmnnc,al L1m11cd J'~nncrshin IC. n Nchrnska h1111t9d m1n11crsh1p:
Pamela K. Dean: nnd The C11y <,[Englewood . C'QJorndo
Inc Cny of ~_.nglcwooJ has J I lousm!? Rchab1!11a11on Prognun Fund whcn:by hou,;e,. "nhm
the City of F_.ng!cwcx>d arc pr,l\'lded fundJ S«:ured :,) deed of trust for rchab1hta11on of the
propctt) 11,c Defendant, Marley acquired 1110 such loan• fr(lm the Cny (lf Englewood,
• In 2007, based on a nc1shborhood complaint of violation <>f the City of l:nijltwood
Mun1c1p.1I l'od,· rcgardmg mamtcnancc of\\ccds and trash the C11y did a clean-up and filed n
h,'11 ag.11n-.i the ,ubJctl pmpcny .
• P!J111l1fl. Col11cr filed""" a111I argued 1h111 her m tcr fraudulently obtam,-d the l<>ans and
11c11hcr sh,· nor the pn1pert)' should be hurdcn,'<l hy the loans.
n.e pn>pcrt)' was the ,uhic-ct of a forcdo,urc h) the I" lkcd 11fTru,1 holder
• 'I he l'il) redeemed the pr<>pcny. nnd pion, In dean 11 on.I 1c-,ell the propcn> ill th e
conclu.,11,n of the la\\ su11
• Mam, 1',uhan Klo<tcr was rdomcd tu coordn.ite the cv1c11u11 lc.1Sc/sale ol 1111, rrn111.-ny "uh
umlcr lymlJ tll lc issue~. th,u :ire out:-.rnnd mg
• i\ ~elllcmcnt prupo,.,I hn, hccn rc:1chc'\l lll.1wcc11 the I ,tic ('u1111M11y cou,tscl n11d the
l'la11111tr, cuun,cl. \\'here-I>)· th<· 1 ,tic l'<»ll!"'II) l"'Y' \I, Culhcr for he, interest III the
pn•pcrt) :,nJ Ms. Cnlhcr, la\\sun and the Cny ,.,11 M1pul.11c 111 d1srmss
Ilic Cll) 11 ,II tht'n he .,hie tu pr<,ccc<l 11°11h the ev1c11on n f Ms Marley. cleanup a11d sa le 11I
the p111pcl'I)
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