HomeMy WebLinkAbout2009-07-06 (Regular) Meeting Agenda Packet•
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1. Call to Order.
2. lmocatl on.
Agenda for the Rilgular Meeting of the Englewood City Council Monday, Ju ly 6, 2009 7:30 pm Englewood Crvic Center • Council Chambers IOOO En&lewood Parkway Englewood, CO 80110
3. Pledge of Allegiance.
4. Roll Call.
5. Consideration of Minutes o( Pre¥ious Session .
a. Mmutes from the Regular City Council Meeting or June 15, 2009.
6. Recognition o( Scheduled Public CommenL (Please hmit your presentation 10 ten minutes.)
7. Recognition of Unscheduled Public CommenL (Pf~~se limit your presentation 10 five
minutes. Time for unscheduled public comment ma1 be limited to 45 min utes, and ii limited,
shall be continued to General Discussion.)
8. Communications. Proclamations. and Appointments.
a. A resolut,on appointing Nathan Barragan as a youth member of the Englewood
Cult ural Arts Commission.
b. A resolution appointing Mary Berger as an alternate member of the Englewood Code
Enfo, cement Advisory Committee.
c. A resnl ulion reappoinling Eric Bertoluzzi to th~ Englewood Cultural Arts Commission.
d. A resolution appoi nting Brianna Carey as a youth member of the Englewood Public
Library Board .
Please noie. It you ho,,, di5.lbil,I\ ond ,-d ..,,.,,~ .,d, or Sffi'ICO. ,,.,. .. nollt, lh• 0 1\ ol En~uod
130 )-762-24051 ,\I leas1 48 hours In athaoce o("ht n 1t"MCM 11,, nttded
Englewood CII)• Councll "genda Juli• 6. 2009 P•ge 2 e. A resolution recommending Charles Carter for reappointment to the Englewood Housing Authority. f. A resolution appointing Tamara Emmanuel as an alternate member of the Englewood Cultural Arts Commission. g. A resolution reappointing Jeannette Espl11v•• 10 the Alliance for Commerce in Englewood.
h. A resolution reappo,iting Tealee Hinger 10 the Englewood Code Enforcement
Adviso,y Committee.
i. A resolution appointing Amy Jiron as a regular member of the Englewood Urban
Renewal Authority.
j. A resolution appointing Karen Kenney to the Englewood Cultural Arts Commission.
k. A resolution reappointing Christina Kruk as a youth member of the Englewood Parks
and Recreati on Commission.
A resolu tion reappointing Janet Moore 10 the Englewood Cultural Arts Commission.
m. A resolution reappointing Marty Mosman to the Englewood Code Enforcement
Advisory Committee.
n. A resoluti on reco1,1mendlng Diane Ostmeyer fo r appointment as an alternate member
of the Englewood Housing Authority.
o. A resolution appointing Diane Ostmeyer to the Englewood Liquor Licensing Authority.
p. A resolution reappointing Carolyne WIimoth to the Englewood Liquor Licensing
Authority.
q. A resolution reappointing Jill Wilson to the Englewood Codl b 1forcemen1 Advisory
Committ ee.
9. Consent Agenda Items.
a. Approva l of Ord inances on First Reading.
Council BIii No. 29 -Recommendation by the Election Commission and City
Clerk's Office to adopt a bill for an ordinance approving an Intergovernmental
Agreement between the City of Englewood and Arapahoe County fo r the
November 3, 2009 Coordinated Mall Ballot Eloction. STAF F SOURCE: Frilnk
Grygl~ Director of Finan ce and Admini drative Services and l oucri"1ia
A. Ellis, Ci ty Clerk/E lection Commi ssion M ember.
Pie.,. note. ff you "1-. • dtsabllil) and need •u,oiary ald• or soM<es, plea1e notify !he C,ry of Englowood
f30J•762-2 405l al least 48 hou rs In adv,1nt'.:e of when 5,ervkes are needed.
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En5""'ood C,~ Cru,c,1 Agonda Juli &, 100'! P•g• 3 b. Approval of Ordinances on Second Reading. Council Bill No. 24, accepung an Enierprise Zone Marke1ing Grant rrom 1he Slate ol Colorado hi the amou, 11 of S 12,500. c. Resolullons and Molions. Recommenda!ion fro m the Finance and Administrative Services Department to
approve lhe atta.ched resohrjon aulhorlzing a supplemental appropriation in
the amount of S 12,011.04 from thP Landscape and Fine Arts Fund for
enhancements to lhe Paseo Project STAFF SOURCE: Frank Gryglewicz.
Director of Finance and Admini strative Services.
10. Public Hearing Items.
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a. Combined Public Hearing to galher input on Council BIii No. 25, amending Title 16:
Unified Developmen! Code pertaining to a Medical Zone and Overlay Distric1 and on
Council Bill No. 26, approving an amendment to the City of Englewood's Official
Zoning Map 10 rezone portions of lhe Medical District area.
Ordinances, Resolutions and Motions
a. Approval of Ordinances on First Reading.
Council Bill No. 31 -Recommendation by the Police Department to adopt a
biU lor an ordinance authorizing the application for and acceptance of Justice
Assistance Grant No. 2009-G919~0-0). STAFF SOURCE: John Collins,
Depu ty Chief of Poli ce.
b. Approval of Ordinances on Second Reading.
c. Resolutions and Motions.
Recommendation from the Human Resources Department 10 adopt a
resolution approving the Collective Bargaining Agreemeni between lhe
Englewood Employees Association and the City of Englewood for the years
2010 and 2011 STAFF SOURCE: Sue Eaton, Director of Human Resources.
ii. Recommendation from lhe Human Resources Department to adopt a
resolution approving a Memorandum of Understanding amending lhe
Collectlve Bargaining Agreement between lhe Englewood Police Association
and lhe City of Englewood for 2()()9.2010. STAFF SOU RCE: Sue Eat on,
Director of Human Resources .
Plense note: If you have a dlsabihry and netcfl 11\.Nmary aids or stMCes, pieASf. notf) rhe Of) of tngfewood
IJ03-i62,24()';1 •• l,a,t 48 hours In ad,an,:. of-,+.,n ,eivl<,s .,, neoded
Engl~-ood 0 1\ Couo,u Ag•nd• July 6 1009 Paso 4 12. General Dis cussion. a. Mayor's Choice. b. Council Members ' Choice. i. Co uncil Bill No. 30, a bill for an ordinance submitting 10 a vole of t~e regisler ed electors of the Cily of Englewood a1 lhe nexl regularly scheduled municipal
election a proposed amendment to Anlde Ill, Section 22, "Terms," of the
Englewood Home Rule Chane,.
13. Oly Man ager's Repon.
14. City Attorney's Repon.
a. Pro. "!:d Joint Mo1ion for Dismissal wllh each party 10 bear 11s own fees and costs in
lhe t-.i~elofl\. lhe 01)· of Englewood case.
15. Adjourn ment.
The following minutes were transmitted 10 Cily Council in June, 2009.
• Cultural Arts Commission meeting of April 1, 2009.
Englewood Housing Authonly annual meeting of January 7, 2009, and regular meetings of
lanuary 7, February 26 and April 1, 2009.
• Parks and Recreation Commission meetings nf Ap ril 9 and May 14, 2009.
• Planning and Zoning Commission meeting oi June 2, 2009 .
• Trans,iortal ion Advisory Committee meeting of May 14, 2009.
• Waler and Sewer Board meeting of May 12, 2009.
Pit a.., no;e If 1ou h•-. • diubilil) ilr1d =d au>Jlia,y olds or ••rvkts, plou• noofy th e 01) ol En3le,,ood
IJOJ.. '"'6l-240Sl ,11 least .is houfS in .advance o( when IMlCN art nHded
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• 1. Call to Order
ENGLEWOOO CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Seulon June 15, 2009
The regular meetmg of the Englewood City Council was called to order by Mayor Woodward at 7:38 pm.
1 Invocation
The Invocation was given by Council Member Mccaslin.
3 Pledge of Alleglanee
The Pledge of Allegiance was led by Council Member McCaslin
4. R,,11 Call
Present Council Members Jefferson, Moore, Penn, Oakley, Mccaslin, Wilson,
Woodward
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Absent
A quoru111 was prese~l
None
Also presenL City Attorney Brotzman
Deputy City Manager Flaherty
City Clerk EUls
Director Gryglewicz, Fmanee and Administrative SeMCes
Director Black, Parks and Recreation
Dlrertor Kahm, Public WOlb
Director White, Community Development
Economrc Develop ment Coordina tor Hollingsworth . Community DevelopmenI
Engineering Technician I Dye, Public Works
Police Commander Condreay
5. Con1 lderatlon of Mlnutea of Pre vious Senion
(a) COUNCIL MEMBER MOORE MOVED , AND COUNCIL MEMBER McCASLIN SECONDED,
TO APPROVE THE MINIJTI:S OF THE REGULAR CITY COUNCIL MEETING OF JUNE 1, 2009.
Mayor WOOdward asked if there were .1ny modif,catlons or corrections There were none.
Vote rosulta:
Moboncamed
Ayes: Council :.ler:ibers Penn. McCaslln, Moore, Woodward, Jefferson,
Wilsor>, Oakley
Nays· Non,
Recognition of Scheduled Pub:!c Comment
(a) Jerry Furman was scheduled to be present to discuss the City parks He was not present
7 Recognition of Unscheduled Public Comment
Englewood City Council June 15, 2009 Page 2 (a) Dorothy Haefeli, an l.:nglewood res,den~ said Mr Counc,lman and Counc,I members . what I came here· to ta lk about tonight is !:1e dogs off leash In Centennial Park . I would hke the Council to reconsider and ehm111ate the no leash dog clause for Centennial Park and make Cenlennlal Park a mandatory leash park The pol,cy of a no leash Is not sale for anyone Many families, younger people and older people use lhls park Big dogs coming at them wtlh the owner yelling ... they're friendly, they're lnendly don't make ii so or make you feel sale 11 they ar~ snarling at you or attacking your uogs. I have two small dogs. under 20 pounds, !hat I walk every day. weathe, permilt1n9. Sometimes I feel !hat I've taken my life In my hands, when lhese btg dogs come at me ... sometlmes as many as 5 Some have bften sWV!'ml ng In the lake I guess the no swimming sign )us!
means that no humans can swun in there. How can a dog be under someone's control omen the owner rs way
behind? Families would hke to take their children to the playground N1thoul the fear of them being attacked by
deg•, or their kids being covered wilh dog poop . Many people picnic and don'! want t he dogs or the dog poop
around the picnic l!rea Since Englewood has one park that Is exclusively a no leash park, why can't those who
want their dogs to run loose take them there? The pa,t should be sale for everyone. Another thing ,. the high
speed b<kers using the palh around the par1<. There 1s a bilte path Just to the east of Centennial Pait If people
want to walk the,e, then they know they are tak ing a chance of almost being run over by bikers So, make
Centennial Park an area for picnicking, fishing, playing al the playground and people enjoying ihelr wa lk.
Enjoying, being the key word here. Thank you for llsteflltlg to me and please consider making Cenlennlal Park
a dog on leashes only park. Thank you
Mayor Woodward said thank you.
(bl Emme Pulnam, an Englewood residenl said I bve lwo d:iors down from Dorothy and we are
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bolh within lwo yards ol lhe park. I had a dog for years and every day I walked him in Centennial Pait, but Iha!
was before II was a no leash pait. And since my Bongo died . I have laken care of lots or dogs that belong to
family and friends bul you know what. I don't walk them In Centennial Park and what a shame. I gel In my car •
and drive to some other pa,1< to walk the dogs. I would never let somebody e•se's dog off a leash when I am
responsible for them And I don't know how many of you are at al Into dogs, but I think ff you are, you know that
a dog on a leash reels very uncomfortable and ins11C1Jre when another dog, off leash. comes up. They are reany
al a disadvantage and you can see, I mea n, I've -.~en my dogs trying to walk , , shake, just quiver, because of
what Is about to possibly happen. Unfortunately, we had a lhlrd neighbor who was plann,ng to come. I don'!
know why she's not here, but she saved her own child in the nick 111 bme from being bitten by a dog over there
Ce1,tenrnal Park really Isn't suited for a no leash park I mean, the one over on Wrndermere Is p,;rfect, but 1ers
say you are walking on the ra1 side of the lake wilh you, dog and a loose dog com~s up, lh~rt Is like no place lo
go You can'! .and with a the playground equlprnent, as Dorolhy pointed oul, anu plcnlcl.lng is big over there.
It 1$ reaDy a family pall( \ e I agree heartedly, u.,1 rt is not a place for dogs to be •>ff leash Md I am a dog
lover Thanks a lot
Mayor Wo..,dwa rd said thank you.
Ms Putnam said may t ask a que?Sbon? She said !hrs IS ml going to be dtsCUssed now, IS ii, this subject that we
brought up? Mayor Woodwar.1 said ,1 can be discussed di the end of the meeUng under Council Members
Choice by any Council membe r that wants l o bring it ur, lo dlscuss 11. Ms. Putnam said okay, so there Is reany
no reason for us to stay we came lo make our case regarding Centennial Park. Mayor Woodward
said unless you want to hsten However, you can hsten on~,ne also. It will be posted on-tine. Ms. Putnam
said so how will we ever know If anything what comes of ou1 suggestion? How do we find out d we go on ine
or stay for the end of !he meeting? Mayor Woodward said well, I would recommend staying until lhe end of !he
meeting or checking ellher !he website or asking for a copy of !he minutes from the City Clerk.
(c) Kim Love, a Lrttleton resident. said good evernng Mayor and Ctly Coun members, for the
record I am president of Englewood Unleashed I lhtnk all of you have in fronl of you a copy of our Newsbltes
Bulletin This Is a proaclive slance we are taking on the situalion we had at the last meeting concerning Jason •
Pa11< and we were very upset with users of the park who aren't following the ,'Ules So we slepped up the
campaign and we ~.ave been handing out this news btdlebn, slartlng th1S last weekend at our brunch, to,
basically, anyone who was al !he park and It sounds liKe we may have to do that as well at the Cenlennial We
have spec1ric rules and wan! everyone to follow them, at all of the off leash parks Unlonunately, a lot of people
come and completely disregard !he rulos or aren't aware that !hey are there. so we want to make a campaign so
Englewood City Council June 15, 2009 • Pagel that they all know about 11 I have to excuse our mlss~olhngs, One of our p,oof readers was a canme and he m1sspened Council with an ·s· so I apolo912e for that so that 1s supposed to be a 'c' We want you guys to know that we are stepping up enforcement We want to make sure these people are doing the nght thng and 11 they are there with a dog, they need to follow the rules and spec,focally to the playground l)(Oblem, with dogs running 1n the playground We have come up with a number of good ideas. most of wh,ch Englewood leashed would help fund . We have set aside funds, for example, for signage we are planning on buymg .ins. One of our members, actually now a Board member, has a bsother that IS In the powder coa~ng
bus.ness You may be aware that we put some white and green very nicely powder coated s,gns, that will last
forever, about picking up dog poop at an the parks .. actually at Jason and Canine Corral We would propose
having somethmg s1m1lar to the little diagram you see there with the red circle with a line thr~agh it and having
large slgnage that. you know, dogs are not allowed on the playground . And In addition lo helping to fund the
fencing of the playground, so that 1t has some openings .. not necessanly gates but some fencing that would
keep dogs out And somethhg that Is transparen~ so obv10usly, kids can sl1 1! be seen from the sides of the
park ... all sides of the park. So, we would like to help fund that as well And we also talked about havu,g a
natural barner meaning bushes that WJ could plant and maybe, along with the fence, that would make It
attr~ve We have u,e means also to help fund that and get some of that donated, So, wear, taking an active
stance on making sure that people are followrng lhe rules and we also want to try lo solve this problem wlth
dogs betng In the playground area where they shouldn't be or the ;,icnic pavilions .. same thing. So, obviously 1t
could spoil It for everybody el~• when a few peopie show up and uon1 follow the rules. So, the other thing we
are proposing ,s rnaklng a la:> ; ,ign ... there 1s a rule sign on the post right bi• the parking lol but it is generally
covered up by a trash can ano it is very small so we would like to make that larger and put 11 ,n a prominent
place with a posMg .. perhaps In two places 1n the patlt. And we would purpose to pay for that as weQ, so we
have already set aside funds to take care of that We are already planning, as you know Envirowagg was
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selected by the City tor upcycllng dog waste. We are planning on putting thOse dog waste oonlainers
everywhere ... many more places than they are now, so people are encouraged lo ui.e them We will be
watclung to malce sure that they do As you can see from our Newsb1tes Bune11n, we are tenmg people that they
are being watch61 and that acl!ons are being documented and lhe evidence Is mounting, pardon the pun, but
we want to make sure that they know that they are being watched and II ls not allowed ... especially after lookmg
at the p,ctures that the people brought last time and put c~pt10ns on Obviously there are people there that have
complete disregard for even ptci(ing up thew own dogs poop We cite that We would also like the City's help on
that with Code Enfo,cemenl and the Police Department, so when we ca ll we can get somelh1ng ... and tell them
U,at 11 Is In progress and we Just aren't going to put up with 1t anym101e, so we want to make sure thal everyone
follOws the rules He satd are there any questions, C1ly Councd about the Newsblles or the recommendations
that En· ewood Unleashed are making?
Mayor Woodward said I JUSI saw this tonight so I certainly don't have anything .. nor would I have 1t until the end
of the meeting Mr Love said thank you lor your time Mayor Woodward said thank yoo
8 CommunlcaUons , Proclamations and Appolntmonts
(a) A prociamabon declar1119 July as National Recreation and Parks month was considered
COUNCIL MEMBER McCASLI N MOVED, AND COUNCIL MEMBER WILSON SECO NDED, TO APPROVE A
PROCLAMATION DECLARING JULY AS NATIONA L REC REATION AND PARKS MONT H.
Mayor Woodward asked 11 there were any comments or d1scuss10ns .
Mayrr Woodward said you kno I think we ere very fortunate III the City or Englewood lo have the VP. u J! 1ve
Pan-sand Recreation Departrnenl and so many parks lor our people and the Job that the Parks and Rec•,ia1Jon
staff docs certainly the awards over the years and the awards fOf Senior Center and all that you i'<'•e dOne
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certainly shows up at the Nat,onat !eve• at the State level and certainly with the cd,zens of Engle"{" u So, this
1s somelhmg that I strongly support
Mayor WC>Od,\ard said 11 there are no other comments please vote
Vote results :
Englewood City Council June 15, 2009 Page 4 Motion earned Ayes Nays Councal Members Penn. McCaslm, Moore. Woodward, Jefferson, Wilson, Oakley None Mayor Woodward presented the proclamation lo Jerrell Black. Director of Englewood Parks and Recreation There was applause
9 Consent Agenda
(a) Approval of Ordinances on First Reading
There w.sre no add1ll01lal Items subrmtted for approval on firsl read'l19 (See Agenda Item 11 )
COUNCIL MEMBER MOORE MOVED, AN..i CO UNCIL MEMBER PENN SECONDED, TO APP i trJVE
CONSENT AGENDA ITEMS 9 (b) (I), (II), (Ill) and 9 (c) II),
(b) Approval of Ordinances on Second Reading
(I) ORDI NANCE NO. 22, SERIES OF 2009 (COUNCIL BILL NO. 23, INTRO.lUCEO BY
COUNCIL MEMBER JEFFERSON)
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AN ORDINANCE APPROVING AND AUTHORIZING A THREE YEAR INTERGOVERNMENTAL
COOPERATION AGREEMENT BETWEEN ARAPAHOE COUNTY, COLORADO ANO THE CITY OF
ENGLEWOOD, COLORADO RELATING TO THE CONDUCT OF COMMUNITY DEVELOPMENT BLuCK •
GRANT (CDBG) ANO HOME INVESTMENT PARTNERSHIP (HOME) PROGRAMS FOR PROGRAM GRANT
YEARS 2010 THROUGH 2012
(ii) ORDINANC E NO 23. SERIES OF 2009 (COUNCIL BILL NO. 27, INTRODUCED BY
COUNCIL MEMBER MOORS::)
AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT
(VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE tB™ JUDICIAL
DISTRICT
(Ill) ORDINANCE NO. 24, SERIES OF 2009 (COUNCIL BILL NO. 28, IN'iRODUCEO BY
COUNCIL MEMBER OAKLEY)
AN ORDI NANCE APPROVING A LICENSE-CITY DITCH CROSSING AGREEMEll,'T, AND A TEMPORARY
CONSTRUCTION EASEMENT BETWEEN THE CITY OF ENGLEWOC"\ COLORADO, AND THE PROPERTY
OWNE RS BRAY AND ROTBERG
(c) Resorubons and Mobons
(I) AN AGREEMENT WITH AMERESCO , INC FOR PE!<FORMANCE OF A TECHNICAL
ENERGY AUD IT FOR THE WASTEWATER TREATMENT PLANT,
Vole results:
Motion earned
Ayes
Nays:
10 Public Hearing Items
Council Members Penn, McCaslr,, Moore, Woodward, Jefferson.
WIison, Oakley
None
No public hearing was scheduled before Cou ncil
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• Englewood City Council June 15, 2009 Page 5 11 Ordinances , Reaolutlon and Motions (l) Approval or Ord inances on First Reading (i) Economic Develcpment Coordinator Hojlingsworth presented a recomn,andaUon from the Commuruty Development Department to adopt a bill 10< an 0<d1nance accepting an Enterpnse Zone Market,ng Grant from lhe State of Colorado in the amount or $12,500 00 He said Englewood administers the
Arapahoe County Enterpnse Zone for lhe cities of Sheridan, Englewood and Littleton. The proposed grant is
helpful In offsetting the costs associated with the administration or the Enterprise Zone. The benefits of the
Enterprise Zone are many Quallfy1ng businesses may cialm tax credits to the State of Colorado tor a variety of
eligible activities In fact , last year 81 Englewood businesses claimed tax credits through the State or Colorado.
Tax credits for Englewood bu•· ,esses total over one million dollars. The Enterprise Zone is a primary economic
development resource for ba, .. ,ass retention, busin1ss attraction .•. for Englewood The proposed grant require,.
matctung dollars and Community Development has budgeted lhese resourees necessary to accept the granL
That <X"'1Cludes my comments and I'd be happy to respond to any questions
Mayor~~ •,odward said okay and thrs 1s a malching grant? Mr Hollrngsworth said yes, your honor. Mayor
Woo,' ,.,rd said which has been appropnaled and budgeted for? Mr. Hollingsworth said ... ln the CO budget. yes
sir.
Council Member Penn sald Darr~n. '·.d you say this Is going to be mainly for like matkebng and just
a•Jminis1rabve support? Mr Hollingsworth said that Is correct
• Mayor Woodward asked 1f them were any other questions for Oarren There were none.
COUNCIL MEMBER WILSON MOVED, AND COUNCIL MEMBER JEFFERSON SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (I ) • COU NCIL BILL NO. 24,
COUNCIL Bill NO . 24 , INTRODUCED BY COUNCIL MEMBER WILSON
A BILL FOR AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE STATE OF
COLORADO, ECONOMIC DEVELOPMENT COMMISSION FOR MARKETING AND ADMINISTRATIVE
SUPPORT IN THE l :NTERPRISE ZONE.
Mayor Woodward askt-d if there was an y further discussion , There was none .
Volt resulll:
Ayes Counal Members PeM, McCaslin, Moore, WOOdward, Jefferson.
Wilson. Oak~y
Nays None
Motion camec
(b) Approval of Ordinances on Second Reading
Tt,fte were no additional items submrtted ror approval on second reading (See Agenda Item 9. Consent
Aganda l
(c) Resolutions and Mobons
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(I) Director r.,yglewitz rresented a recommendation from the Finance and Administrative
Services Department to aoopt a resolution approving a supplemental a~ ,ropnatlon in the amounl of
$100,000 00 to help defray the outstanding obltga11ons of the Coio<ado Humane Soaety He said, in a nutsheU,
what ha~pened as, 1n December of 2008 the Colorado Attomey General made a mot,on to the Drstnc:t Court to
put a custodian Wl cllarge of lhe Colorado Humane Soaety The Colorado Hurnane Society has a a:stod,an, the
Waverton Gloup Tne Wavertcn Group put togethef a Request for PropoSol Pan of that Request for Proposal
Englewood City Council June 15, 2009 P•ge6 ,s that all of lhe outs1andIng obt,ga110ns, 1ncfud,ng lhe paymenls lo the Waverton Group, have 10 be settled and Iha! amount IS appro,nmately $200 000 00 The Cay of L,nleton nas ao1nonzed funding S 100 000 OC to help olfsel the obllgauons And the City statt IS requeshng S10000000010 olfsel the obltgaoons of the Colorado Humane Sociely as well • Deputy City Manager said I will add to what Frank said and then Conmander Condreay will be available for quesbons as wen and to add any other informalJOII. As Frank said, lh•s ,s a requesl for an appropnat,on for S100,000 00 These fwlds would no~ howevet be expended al llllS tme We are looking, with the C,ty of
Liltleton and other Arapahoe County jurtsdlCbons, at a proposal 1na1 would be subm,tted by a pnvate IndMdual
that would be w,n.ng to take over the non-proli o,gan,zation known as the Colorado Humane Soa.,ty The
proposals are due on the 30~ of June HowevP.r, they would not be formaUy accepted until some time "'mid-
Augusl According lo lhe custodian , there are I w ty'JeS of proposals that are hkely 10 be submitted One from
an Individual, or posslllly indMdualS, Interested JI o ... <um,ng the respons,bo~t,es, aod the name of lhe Colotado
Humane Soaety, with the intention of conhnu,ng the operatron of the Sheler fol western Arapahoe County
There I!. anolher proposal lhat Is likely to come forward, II ,s lo atqurre the name of Colorado Humane 11's
assets and iabthbes, but not c:ontMue operabon of the sheHer ThP. concem lhat we have. as users ol that
shelter. rs that If the shelter Is closed or If the proposal that includes payment of the de~ an assumption of
Colorado Humane's btle. without 011nt1nuabon of the shelter, thal we are out of shelter services Ths poses
problems ro, us t undersland h~,n the lasl Study Se!oSIOn thal there were some danfy,ng quest.ons thal were
asked about. what are our options in the even! that the shelter rs closed? The Code Enforcement DNislon has
'1one a fair amount of work wdh regard to that .. that IS 111 the memorandum that Council recetved I thtnk there
are llvee mapr ISSUeS that we are looking al nght now One is what level of serv,oe would be provided by
3"Bmahves? Would II be permanent or temporary? From lcoloog al the informalion they have conected so far,
"' most cases, the solutJons rn,ght not be permanent they might be temporary only There are a coople of
opbons that m,ght poss,t-ly be permanent and there were several other organ,zallOns that were contaded who •
either said th ey were not inlerested or did not respond to us The second Issue Is one of the cost and the level
of seMCes We didnl get a lot of cost lnformabon. although today we did recer,e some information from Table
Mountain Arumal Shelter. as well as Belle111ew Animal Chruc And I will ask Gary to address both of !hose. but in
the case of lhe Belleview Animal Chnic:, they l'ld,cated they are willrng to do 1t, but 1t would be on a limfted basis
In other words, they could only accept a certain amount of animals al one I.me The OCher piece of serv,ce that
we found with many of the organlzahons that we oonla(ted, rs lha1 they would Shelter our antmals &Id work With
our citizens for recla1m1ng lho$e animals. but d lhe anrrnals were not claimed, they would nol. or would ikety
not be respons,ble for them alter a penod of tme, whlCh ,s normally 7 days. al whdl llme then tt would be our
responSlb!ily to do something with the an,mals e,ther lo lake them lo a sheller thal would adopt them oul and
•~•• ·obably l1m1ts us to one or two sheIters., the metro area or euthanasia , wtuch we would then have to
.u.:I fol that service at obviously an elC!ra cost Both of !hose would be an extra cost. The lhlrd element has
10 do with travel time Right now we've gJt rt rea, convenient fo, our staff, but 11 ,s also convenient for our
ohZens Our anrmal shelter IS located OVP llefe on Platte Rr,er Or ve II rs ba5K:ally minutes from most
anywhere ., the Qty for us to take our aru<nals in and have tllem prucessed at the animal sheller and the same
Is true of our citizens If we locate another service outside of the City, and Chr,st1an has 1nd1cated In his
memorandum !hat there are a n.Jmber of locabons thal we looked at anCI they tnCMle<:f travel bmes and
dlSlanceS Right now we h11ve four Code Officers nght now we only have three. because one of them IS on
sick leave but In some c,.ses we are up to an hour ()( an hour and half of travel hme for def,ver,ng and
processing of an arumal Thal would obviously also impact our ei!IZens who would ha-.e to go to those
lccallons 10 recialm their animals And In some cases, 0Uf staff has to make more than one trlJ) lo the shelter
and obv10usly, W you have 10s1 a pel you may make more than one tnp to a shelter to try to relneve yotK
animal But the other .!lement Iha! re'"'es lo aruma, cnetters IS that• realy cs a commun,1y servce In add,lton
10 semng the d~ect needs ol the City stall. fo, our e,.izens rt IS an opportunity for Individuals to go to a shelter
for purposes of adription, for educattonal programs for voluntary opportunities and th,ogs ol lllat nahKe So. rt
does provide a oommurllly servlce The aJtemahvt-s that we 11S1ed out. on the lhird page basically talk aboul
what we are pro~osing tonight, which Is lo work wi h the Court appointed cus1od1an In order 10 maintain •
Colorado Humaoo Soaety s viable s11e;rer ,n order 10 conbnue operatJons for the C,ty There ,s no guaranlee
Iha! lhe cost woult' be the same As a matter or fa:t, ,t IS k•ely inal no matter what allernatJve we cl'005e, our
costs are g01ng lo ncrease We ha•:en·1 been abll, lo ldent,fy tnose precisely al lh1s poIn1 In lime, but so,ne
cases for using ou .5>de resourtM lhe co5t could .>e tnpie .,ha: we are pay ng no,, at least ., one case
Anolher option IS fl) JOll1 w11t a group of IOc.11 mu, ,c,palitles 10 cr,erale the shetter Al one time ,n the early to
Englewood City Council June 15, 2009 • Page7 mid go·s, the City made the decision lo outsource this service and I think lhal was a good decision al lhal lime. And I th,nk n has been. 1n spite of the dlff,cultles of the current or the prior operators of the Colorado Humane Soc,ety have had, having that as a private non-profit organization , rather than a Crty agency, has uenef,tted b,s c:ommumty and the cny, both in tenns of keep,ng the costs low, but also In terms of providing some "d'f good animal welfare services aga,n up unbl recently here Another opllon we could operate our own shelter We did !hat before 1992, we could do It again. It would certainly be at a higher cost and It wou ld also put us back into the business that we sought to reheve ourselves of back in 1992. So Gary, I know that you had some
additional information today from Table Mountain , ~swell as from Belleview Animal Clinic and if you have any
other comments you would like to add to that before any questions that come up that you might be able to
answer
Gary Condreay, Commander of Neighborhood Services Division of the Englewood Police Department, said I
had Sergeant Christian Contos start working on this a couple of weeks ago and It was pretty difficult. First of all,
very seldom would people be calling us back. It wasn't until I got back last week that I started calling some of
these people and they started calling us. Ones that I kind of had high hopes for were both Table Mountain and
the Rocky Mountain SmaD Animal Hospital... it Is the second one listed on page 2. They were actually one of
the ones that Littleton negotiated with a year and a half ago, when an this started ... and they ~avenl even called
us back. Aclually, the title is Rocky Mountain Small Animal Hospital and Resort, so I am nol exactly sure what
they do there. I did finally talk to Table Mountain Animal Hospital today. We began exchanging voice mails last
Friday and sot did talk to one of their directors today and they are very positive. As a matter of fact, lhey
offered us the same contract that they currently offer ,Sheridan, That Is $90.00 an Impound and $10.00 per a
deceased animal . That is what Sheridan ls currently paying And that Is what they offered us a year and a half
ago, when we originally contacted them about this Ir you want to look at last years figures. we had 399
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Impounds at S90.00 an animal , that Is $35,910.00 for cost In the last year for impounds and 110 deceased
animals at S10.00 a piece would be another $1,100.00 so the total cost is $37,000.00, based on last years
figures. Christian Contos did get a phone call back from Belleview Anima1 , lospital today and just as wllh most
of these people, they are not Interested ,n helping us long term. They would hel? on overflow or short term, at a
cost of $22.00 per day for kenneling And otherwise, I believe that you have most of the Information In front or
you
Deputy City ~!Jnager Flaherty said I will add one other Item, I met last week Wllh representatives from Littleton,
Centennial, Arapahoe County and Cherry Hills VIiiage, Also Invited were Sheridan and Greenwood Village, but
their representatlves did not appear We met with an Individual who was Interested In assuming lhe
responsibilities of Colorado Humane and submitting a proposal.. a very well qualified Individual. He Is In lhe
p,ocess of putting a budget together and a proposl I together for the custodian He said he would have that
ready on lhe 2"r and he would forward that to eacl ~, the cities ror their review and commenL Again, the
problem and why we are com ing to Counctt tonight, 1 "'~lly, for il request of an appropriation, is that he is ,ot in
a position to pay off the debts of the Colorado Human, ;:,ociety at this point In time, Bui at this point, he Is the
only Individual, that we are aware of, that has any footll'g with a finance director and perspective boara
members right now. to put It ~ether a package, but that Is the only group that we are aware of that is willing to
bid on the proposal and maintain the operations of a sheNe, There Is another group that Is willing to buy out the
debt. but not operate the sheller Littleton is obviously m, because they have already app,opnated S 100,000.00.
Everyone else Is wa,tlng to see what happens. I think after the presenta110n last week .. that this individual and
his group that he Is bringing rorward, can put together a good package. I think Centennial and Arapahoe County
are likely to participate, Cherry Hills, I am not as sure about and Sheridan wasn't at this meeting , but they have
been at prior meetings.
Council Member Oakley said okay, so ,ust a birds eye shot here, 1f wt: went with Table Mountain, tt would
probat' • be the cheapest of all proposals and they would eventt·slly do whatever needs lo be done for long tarm
animals Deputy City Manager Flaherty said that Is what" appears, but that Information just came !Oday. Mr .
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Oakley said so that NOuld be about $37,000.00. Mr Flaherty said I think that would be the low end. Mr Oakley
said okay, but the Jlsadvantage Is the distance that our officers would have to take the dogs and our cibZens
would have to dnve to retrieve their dogs The second opbon possibly being a contractor that is getting a
proposal togelhl. • "°" He would use the eX1sting ractl1ty as tt is now? Deputy City Manager Flaherty said not
necessanly Mr Oakley said okay that was the ques.hon I had Mr Flaherty said he Is looking at other sites in
this general area and primarily ,n Englewood, but also·~~ lesser degree In Littleton, because he doesn't beheve
Englewood City Council June 15, 2003 Pagt 8 that that site IS big enough to serve on the long term basis Mr Oakley said thal was the next quesbon Mr Flaherty said so he is looking al another site lo lease on a short Ierm basis The goal lhal he has, lhat we lmtlally started with Colorado Humane. was for tha1 org anization 10 privately raise funds for the purpose ol constructing a new sheller on a site along the Platte River, of which Littleton and Englewood own property, and had Indicated a willingness lo grant that property to Co lorado Humane. Council Member Oakley sa id okay, but obviously the question of this facility being b,g enough, that we are all famlllar with, but if he has 10 go out and lease another facility, his bid is going lo definitely be high
Deputy C1:y Manager Flaherty said I don1 know al thrs point, lo be honest with you, because he hasn't
developed a budget It is going to be, at teas~ as much as we are paying now, which is $48,000 00 a year. But
we are also c:onlributing about $24,000 00 In In-lone! services from the operation for the maintenance of our
shelter
Council Member Oakley said I reahze we were going to have that obligation, but I was just saying that if he has
to go out and rent a facmty, that Is going lo have to be built Into his costs, so that Is going lo have to overcome
the cost we .. re sustaining now. Mr Flaherty said you are absolutely right, I haven't sev,l any more Information
from him on what his costs are going to be, but they will be at least what we are paying now,
Coun~II Member Oaklev said so I'm just trying to narrow this down to a point that If we are going ... we are almost
going to have to ... well, if we have 10 obhgalb ourselves to take over and pay off the existing costs and move
forward from there, we would have to do that even though, if we decide to go to Table Mountain, we could do
that? Mr. Flaherty said no, we can pull out of this any time before a final decision is made. Mr. Oakley said and
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not have to be obligated for that $100,000.00? Mr. Flaherty said that is C0/1'ect Mr Oakley said but lf we want •
to keep it local, we are almost obligated for that S100,000.00? Mr Flaherty said that is the only opllon ... other
than operating the shelter ourselves that I see Councll Member Oakley said web that narrows it down some.
Council Member McCaslin said we were talking about indrviduals or someone laking over ... ls there any sort of
por lolto or something that we are requiring that we are holding a standard to these people, 10 that we don't
get .nlo th is btnd again? Someone can look it over and, you know, fall bacic to how we got Into thlS mess. I
mean, I think we have to hold somebody really acc:ountable and make sure that they are In tt>ere for the right
reasons
Depu ty City Manager Flaherty said I thrnk with this particular operator, we can do that He has Indicated the
willingness to allow Input In terms of suggestions for board members. Obviously, we would have to have a new
contract and we could certain ly put performance standards Into that contract Mayor Woodward said and he
comes from experience. Mr. Flaherty said yes.
Council Member Mccaslin s;;od nght and you know, and that ,s what I am saying. It sounds like I am Just putting
this out to see who will lluy • • i I h st don't want somebody to say, oh, I'll take ,t, ond you know, not have
the nght credentials, to de • l IN, yuu know, for the dogs
Depu1y City Manager Flahuty saI; , , .11e essenllalty IWo reasons that somebOdy would want this and one
11 ... wtuch Is what one btdde, rs llkeIy.., 1o ... is to buy the name For lwo reasons. one beeause it Is a hundred
and some year Old name and it comes w,th ,t some very goodwilt, in spite of what happened In lne past year
They also have some bequests that would be coming Into them, that would at least offset some, If not all, of
those debts There Is pro:,erty and there are other wills thal are coming that wdl be when people pass
on that will be coming to the Colorado Humane Society, u~less there I,; a big change between now and then
So, on one hand you've got somebody that wants to buy out the competition, essentially, and on the other hand
you've got somebody who wants to operatn It as an animal welfare service to this community Obviously, they
don't want to do It for free, but as a non-profil, It's not for profit maki ng ... they've got to pay salaries and they've •
got to pay the Executive Director and they have an obligation lo go out and raise funds and all of that, so on that
one It Is an easy decision If those were the only two options. In my mind, II is an easy decision, but we do have
two other opt10ns One is to operate the shelter ourselves and one Is lo go to a facility th at Is a d1slance away.
• Englewood City Council June 15, 2009 Page 9 Mayor Woodward sa,d can I go back to the part ol what Wayne was saying there. With lhe relocat,ng to another facility , thOt would assume that not only wou ld ii just be L,ltleton and Englewocd , as It has been In the past. that assumes that then we were taking In parts of Centennial and the County ts that correct? Mr Flaherty said that Is correct Mr Woodward said so they would need a larger facd1ty , because they are looking al a larger Mr Flaherty said that is true, marginally, but in realrty, Englewocd, on an annual basis, has nearty twice as many dogs as the rest ol them combined. Mr Wocdward said okay. Mr. Flaherty said so we generate the majority of the animals ,n western Arapahoe County that are going into shelters. Your right .. our shelter would not be big
enough, on an ong01t1g bas,s, probably not even for Englewood Mayor Woodward said okay
Council Member Oakley said because ol t,me constraints in the Study Sess10n, we ha:1 to move this into
Chambers II almost seems lnapproprfate for us to go ahead and move on 11 (c) (i) with the limited knowledge
we have, unless we all agree that taking over, or paying obligations, and movong from there is what we want to
do If there are a couple ol other things on table, how can we dec!de lo do 11 (c) (i) tonight unless we lake the
time right now to wor1< through ll Is that wha t everyone wants lo do?
Deputy City Manager Flaherty said Wayne, I think the quesUon Is, If ym, Ice, ~, the quest• A 1f you take cul the
Idea of us operating the shelter, and I am not sure that we wani to do lhal but d you can l)lll lhal aside for a
minute, I think the two options are ... we assist a pnvate operator In maintaining Colorado Humane or we take our
animals to a facility that Is 20 miles away and 90 minutes. Mr. Oak.'ey said and that Is bqs1<:aI::• what we talked
about al the last Study Session and at tha t time there was a consensus lhdl we partner a, .''I", 'vop It local.
Deputy City Manager Flaherty said the other piece rs lhat ff between now and August, tins • 1'1-!119 Mlh the
continuation cl Colorado Humane proves to be Impossible, we can pull the plug .
• Mayor Woodward said on1 of the other things though, Is we do have a deadline for submission, whlc.~ ,s ,lune
30. so ft is not like we can out ft off
Mayor Woodward sald ... John, you weren't here last wee~ ... do you hav• any questlonc regarding this? Mr.
Moore said I had enough background, .. the only question I had was Just specillc to the resolution tonight, which
Is ... Mike, I think you were saying rhe money would not be appropriated .. , Mr. Flaherty said money would be
approplialed, but not spenL Mr Moore said ft would not be spent unless we kne-'1 that It was an ongoing
operation I didn't feel we said that too explicitly In here and I was wondering rf we should Thal was my only
missing detail.
Deputy City Manager Flaherty saJd the other thing l'I menllon about Colorado Humane, d the party that is
looking to buy rt... the assets and lrabi~ties ... and close down that operation, unless that Is done ... Colorado
Humane Is dead and gone . We will never be able to resurrect that If we would want to do that at some point In
the future, to have our own private non-profit to seNe western Arapahoe County, we would have to start from
scratch.
Council Member Oakley said but the advantage ol the Colorado Humane Society name Is raising funds and as a
City, we don't want to be In to the fund raising business anyhow.
Deputy City Manager Flaherty S81d butt guess mv point ,s tt,at i , for whatever reason. a third party operation 20
miles awa1· didn't work out al some pofnt in the Mure, we wculd be right back where we are now, w,thOut the
opportunity lo work with a non-profit ... that they c,rrenlly exist
Commanlder Conldreay said and there Is one olhef po,nt as we all look at Table Mountain. I was just talking to
the O.rector and the Faahbes' Manager they are governed by a Board ... because Westminster, Anrada,
Golden and lots of other Jurisd ictions take their animals there and we would have to go to that Board and be
•
approved overall, in the long run, to be able to use that faclhty . And then they go through formula to figure out
what the actual costs are So right now, those hgures that I gave you are approximate, because that rs what
they are actually charging Sheridan nght now i1 could be higher
Deputy City Manager Flaherty sa,d the Table Mou,1taln facll,ty ls look in g at a new faclhty rlghl now .an $8 .2
million lacil,ty for which Jefferson County ,s funding the maJorlty of that The TMAC Foundallon that wor1<s with
En glewood City Council June 15, 2009 Page 10 lhem, they are funding a million and a half, tut the Cou nty Is funding the rest lhrough cash contnbut,ons and Cert,flcales of Partic,pat,on We are not III Jefferson County Whal Commander Condreay gave you was eperaUng costs thal we would be paying We haven't talked to them about whether we would havi: a capllal contnbution toward the 8 2 million dollar lac,hty Counc,1 Member Oakley said there tS a b,g one You think of things real quick, wt,en you think ol something like this .. when you are lookmg al that $100,000.00 layou t, plus what II would cost us down the road ... versus an assumed cost ol $38,000.00 lo go over there Then you have to say to yourself, well, If that were the only cost
we had for th al fa clhly ... bul you thi nk the lime II lakes lo ~o over there and then our cilizens, we could say
maybe would be cheaper for us lo hire somebody full time just to transport dogs back and forth, It would be
cheaper for us. Bui then, we still have to ccnsfder the citizens obhgatfons too so, the more we talk, lhe more
things we bring on the table
Deputy City Manager Flaherty said that is why I mentioned my memo last week. There P ·e no good allernat,ves
where we are right now, There are alternatives, but none of them ane particularly encouraging
Council Member WIison said and when this person who wants to build a new shelter and they said that they
would do it in Englewood, do we have any guarantee of that or? Mr. Flaherty said that would be dependent on
the fun drafser. And I, you know, talked about the cap,taf contributions for the Jeffoo facil,ty, rt Is very likely lhal 1f
Colorado Humane continued lo exist under new management, that they cou ld be coming lo us, at some po1rt,
and asking us to contribute to a capital contributions for a new facility here.
Council Member Oakley said yes, that was ... , don, know whether I asked n exactly ike that fast week or not.
but that was one of my concerns al the time ... f forget how I worded ii now.
MayorWor"
talking abo,
said that may be the land that Lttlleton and us.. Mr. Oak ley said yes, I know what you are
I I am quite familiar with lhilt land.
Deputy City Manager Flaherty said and that certainly was one of the reasons that we decided to acquke lhat
land, Is that would be al feast some contribution towards the capital campaign for lhe Colorado Humane benefit
Counci l Member Oakley said okay then . The quick thought that hits me Is we have to figure out whars not
necessarily the cheapest way, because when we take our crtizens into consideration, you can't do lhal
sometimes. My first thought would be if we knew tt,at Table Mountain would do It for a certain amount, but then
you said, Mlke. maybe 1f they build a new facilJty ... lhey would want the City to pony up for that, so Every time I
think I've come up with a solution, sr methfng else gets In the road
Mayor Woodward sa id the $37,000.00 and the $48 ,000.00 ... was that the number that we are currently paying
on lhe basis those aren't two comparable numbers are they? Mr Flaherty said $48 ,000 00 Is what we are
currently paying. $37,000.00 Is what Gary's calculations of what we would pay al Table MountaJl'I for the same
number of animals that we impounded fast year
Mr Woodward said and that does not count for any staff Umes If it is a dog , , ·l's say u,at lhe citizen was going
to gel a summons .. , then the Code Officer Is going to have to go cul there IW1Ce
Commande r Condreay said there would be some procedures NuMber one now a Code Officer could
probably pick up a dog and be done with the call In 20 to 30 minutes, pn bably anywhere In the City. Go,ng to
Table Mountain would probably triple that and I think all you folks knew how busy my Code Officers are. Now
whatever citllen shows up at the sheller to reclalm an anima l, they calf dispatch and the Code Offteer goes
down there and many times Issues a summons for at-large I don't know ff we would be able to continue that
•
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We might actually have to follow up on tho next day and try to track these people down after they come back ff •
we were lo go back out to Table Mountain, that would add another hour on to the case
Deputy C,ty Manager Flaherty said the same Code Officer has to enforce all lhe other codes HI the City
Englewood City Council June 15, 2009 • P ago 11 Mayor Woodward said speaking lor myself, I have nol changed anything from la~t week at our Study Session and I beheve we need to go forward with the S100,000 00 I don't know how o'.;,e• l)C()ple feel about that I know John had some things he was looking at regarding legalese Randy? Co uncil Member Penn said I t111nk we need to go forward just ~l<e lasl week. I am not changing my mind•· •' Council Member Jefferson said another factor here is, I think you know chat $100,000.00 is not necessarit~ a
totally sunk cosl If CHS was able to get back going and raise some funds, lt,at the City v.ould be repaid that
S100,000.00.
Deputy City Manager Flaherty said we could be repaid They also have some assets that are more hide tt
you will, that the juldge may order the prior operators to repay .. .11 might reduce that $200,000.00 debt to
something less than that. I wouldni bet a lot of money that we are going to get much of that $100,000.00 batk
though . I wouldn1 count on that
Council Member Jefferson said because their ability to raise funds would be swallowed up whole by whale ,er
the cost of the new facility ... righl'? Is that what your thought is? Mr. Flaherty sai<' yes. Mr. Jeffer,on said ... or ls
It that you think that their ability to raise funds Is somewhat limited at this tlme? M·. Flaherty said well, part of
the problem is that they are going to come In with basically zero dollars and some de DL They are gol,lg to have
to hit the ground running, In tetms of fundralsing, and for the most part, the cos~ lnlUally, Is going to be born by
the cities that are contracting with them. So, that Is why I mentioned that our costs are likely to go up in tne first
year or two, until they get some additional customers, If you will
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Mayor Woodward said now, could the negotiation be ... l mean, obviously, they are Ql•ing to have to have a cash
flow, but with that $100,000.00 coming from us and $100,000.00 coming rrom Lltt!eto., tc, maintain these fees,
these numbels, that may be based on the 2008 ... 2009 Isn't a good number because II was :tosed for
awhile ... but 2008.
Deputy City Manager Flaherty said our goal right now is to nol go over our current budget in terms of what we
are paying right now. And I think that is something that we can nego11a1-. with them. They may have to staff
acccrdlngly and perhaps not look al the paying of full wages to their Executive Director for a couple of years
Mayor Woodward asked If there was any other discussion.
Council Member Oakltly said given the straight forward comment3 you made Miko. about Table Mountain and
the future ... telfing me that posslbly half the Cities would have lo pay into thal, t guess I am going lo have to go
away from that because olherwose, I'd think we should look Into another fun time employee just to transfer them
back and forth and keep our costs low. But If we have no guarantee, then I can, see any reason for that way,
so I guess I'd say we stick with what we said last week
Deputy City Mani,o•r Flaherty said Wayne, we will certainly explore Table Mountain more between now and lho
time that we h3Ve tc aciually put up lhal $100,000.00 to see what U,.ise costs might be
Council Member Pr ,~ said .. and Mike, this person could actually go open a facility by himself, without Incurring
the debt He jlJst wouldn1 get the name, is tt,at right? Has he thought about that at all or Is that ... he wants the
name, Mr. Flaherty said I'm sorry, which part of It? Mr. Penn said the party thal Is thinking about doing this.
Deputy City Manager Flaherty said oh no-Whoever buys this Is going l o want the name, Mr, Woodward said
the name Is the biggest asset. probably. Mr. Penn said but they COllld coor.e just as an individual and say ... l
don't want the name, I'm Just going to create a facility. Mr. Flaherty said that Is possible , yes. Mr. Penn said but
that Is probably not probable, okay. Mr, Flaherty said probably not
• Mayor Woodward said I am going to ask for a motlcn unless there is further discuS$lon
Council Member Moore said I will be happy to make a mo~on If I could clarify I wotJld like to add language jusl
clanfy,ng that the funds are being approprialed, but they won't be spent without a suitable provider going Into
place Dan , is there language you could suggest for that?
Engl ewood City Council June 15, 2009 Page 12 Ctly Altom, Brotzman said I think exactly you don't want to tie it to Council approva l, because we have a time constraint, so I think that W you wanted to add sonw thlng about tne Crty Mar.ager finding a suitable party to run the facility that would be fine Mr. Moore said th.at sounds fine lo me, IS rt sufficient to leave tt phrased that way and you can fill in the words later, Mr. Brotzman said we will add a new Section 3 that says exactly that. Mr Moore said okay.
Moore . ..1'11 make a motion with 11 (c) (I) with the added language to capture the intent Just covered with the City
Attorney,
COUNCIL MEMB ER MOORE MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (I) WITH ADDED LANGUAGE (SECTION 3) TO CLARIFY THAT THE FUNDS ARE
BEING APPROPRIATED, BUT THEY WON 'T BE SPENT WITHOUT THE CITY MANAGER FINDING A
SUITABLE PARTY TO RUN THE FACILITY.
l~E SOLUTION NO. 42, SERIES OF 2009
A ~ESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2009 BUDGET TO
PARTICIPATE IN THE CU STODIAN CERTIFICATE PROCESS FOR THE COLORAOO HUMANE SOCIETY
(CHS).
Council Member Oakley said yes, I would just like to ccmment that knowing the time it has taken Mike and how
much he has put into this and the rest of the staff, I appreciate all their efforts and none of us knows exactly
what the outcome of this is going I . be.
Ma yor Woodward asked If there was any oth er discussion. The re was none.
Vote resultl:
Ayes:
Nays
Motion carried ,
Council Members Penn, McCasfin, Moore, Woodward, Jefferson,
Wilson, Oakley
None
(ii) Director Gryglewicz prest?nted a recommendation from the Department of Finance and
Admlnistrahve Services to adopt a resolution approving a supplemental approprtallOn in the limount of
S8O,O00,OO to pay for design services for the "Sou th Broadway Medians -Quincy to Tufts• project, He said the
source of funds on this wlU be from the General Fund balance. II will be transferred to the Public Improvement
Fund and spent on Broadway Medians And I also on this one have Rick Kahm to explain it further
Dlrec~ Kahm said as you will recall from last week's Study Session on Ju ne 8~ ... or may hav~ read In ~a:
pacl(et last week. John. We had an opportunity ... DRCOG had contacted us, and gave us the opport\Jnlty to add
three of our stimulus projects, our enhancement type projects, back on the reserve list. the backup lls~ for the
ARRA fu nding. When that first came to ., there were some rules nnd the ru les simply were that all the design
for these projects had lo be aocomplisheu with local fund~, had to be totally complete to federal standards, by
August 3, 2009. That none of the$8 funding requests r,an exceed SS00,000.00 for project. because that is the
upper limit on enhancement projects. lllal the projec1, have to be advertised t/ Oecembef 31 , 2009 and If
projects are selected, they would receive 100 percent federal funding for the co~structlon phase. We looked at
the projects, and in your packet you have the most revised list frcxn DRCOG of projects. But when we looked at
this, the three pr0j8Cls ~ ~t we had onglnaly submitted were Sidewalk Missing Links and that was a project that
had a total cost of about S275,OOO,OO, of which S195,OOO.OO would have been construcUon , wh ich nieans thal
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again the design phase there was about 580,000 00 It fits within the $500,000 00 guideline Staffs position on •
Iha\ was that Is a lot or money to design sidewalks thal we can do In-house, for bas'calty nothing So, that
project really didn't make a lol of sense, The second project on tte list "as the Broadway Medians from 285 10
Quincy. Thal Is a secllon of Broadway where the medians were originally built In 1975-1976 It is an older
oes,gn. I like the design real well, since II was "'Y design, but those medians are outdated and they don't match
l -e medians at the north end, nor do they match the medians that we re<-eatly built, with federal funding, at the
• Englewood City Council June 15, =009 Page 13 very south end of Broadway We looked at that and, unfot1unately, our esUmate on that project was 1 4 million toflars Again. we are In a s1tual10n where you can only fund $500,000 00 , which would mean that ·•e woulr have to o,ermatch S900.000 00 So, I'm not sure that pro1ect made a tot of sense The third prOjeCt that we kind of got excited abOut was Broadway Medoans between Quincy and Tufts It 1s a three block area that has mechans Wdhout any planters m rt The original estllllate we had on It was about $600,000 00, so we thought we had really good bid results when we built the medians at the south end last year We felt that probably that pro1ect could get down to $500,000 00 And so we looked at that. We got ahold of an engineer, the engineer that did the design wo;-k at the south end on the medians last year, and he gave us an estimate of about
$80,000.00 to get that project ready lo go by August 3''. So, we had that discuss,on at the last meeting and we
are looking for direction to know whether or not to come here this evening with (a) Frank's resolution for funding
and (b) a second reSC'lullon after that for hiring the consulting contractors ... consu lting engineer. That is kind of
Where we are . Co1 incll asked for some addibonal lnformallon at that last meeUng and In this week's packet
there was a memo from Dave Henderson, through myself and Gary We did contact DRCOG and we talked to
Steve Rudy Who is the Director of Transportallon and Planning for DRCOG. And his emphas,s was that. f,rst of
aP. there is roo guarantee that there wiH be any funding for these projects. His analysis was that there were
onginally, in the enhancement category, there were eight projects that were funded There is roothing to suggest
that there will be additional funding , although there could be federal govemment could provide additional
fund ing, but there Is no way to know when that could happen His thought was that probably there has been a
lot of projects thal have been withdrawn and that maybe there would only be between five and ten projects that
would be in the backup position, as we go forward. If the projects that.. he doesn't see savings from one
category moving to a different cate9ory. so the only savings would come from the money that Is already In the
enhancement cat;,gory, which is 4.7 million. So he Is thlnklng ... maybe there would be $700,000.00 in savings,
which would fund one out of maybe ten projects that would be available. And so, we shared that Information
Wl1h you in the merroo. The other po,nt that he made .. the very last bullet point on the memo ... was reminding us
• that the design costs are not reimbursable, and can1 be used as our required mat~.h. If we go forward. So, what
would happen is Lt said a week ago, that we can always sa1 the design would be good, we could always
apply for federal funding under Whatever program follows the safety project program we had in effect last year
But we didn't realize that, If we went forward, whatever we spent on design is not reimbursable, because If we
spent It before the project Is awarded ... so we would also then have to match the construction on an 80/20
basis ... down the road . And so. If you had a $500,000.00 project, you know, 20% of that Is Just another
$100,000.00 So, If we didn't get It, we could end up down the road with that design and stilt be Into that project
$180,000.00 . t wanted you to have that updated Information before you had this discussion this evening
Mayor Woodward said t had a ktUe problem In the charts and understanding what ,s here What our
streetscape,; are .. our enhancements. according lo the project type Then they have. you know,
bike/pedesbian. new grade, bike/pedestnan new path and they have them broken down In different ways.
obvlOUl<'y ... operahonat And W: ,at I am trying to figure out and Wayne, you may know too under
enhancements, that Is a separate category than all these others are, Is that correct? And under the
enhancements. that I see on the first page, the ellg Ible projects ... the backup list funding, there are three
projects ... two of which are ours and one wh ich Is Casile Rock . Castle Rock asked for a million dollars and they
are only eligible for $500,000 00 We have asked for $600,000.00 and we are only eligible for $500,000.00 and
then the other one Is the medians ... Jefferson to Quincy which is a much larger number, which we have taken
off Looking at that and then corning back and looking at some of the stuff that was selected. it Just appears on
these sheets. that 11 some of these aren't funded and some of them appear that it ,s a pretty good chance that
they won't be ... based upon what I have read and heard, Englewood stands a fa1t1y good ch:Jnce, maybe a
better chance than t thought a week ago 111 reading this and listening to this. Unless I am missing something
completely. Wayr.e, regarding this So It seems to me, and of course, as It has been mentioned, we can
withdraw from this at any time i f something were to happen
Director Kahm said that Is true Mayor , what we did is when DRCOG contacted us, we had to notify them by
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June 1• whether we wanted to be 1n a backup situation . So we went ahead, because we cx,uldn't meet with you
quick enough, so we went ahead and put the projects on, because there is no pena lty for withdrawing at any
po,nt
Mayor Woodward said so the worst case scenano 1s we are tooldng at investing S80,000 00 on a set of plans
thal d we are not able to do now, we would be able to do In the future at some tune an ,nvestment ,n D1stnct 3.
Englewood City Council June 15, 2009 Page 14 sou lh ol 285 on Broadway, with probably some minor changes or something, cena1nly minor compared lo the $80.000 00 number Am I correct with that statement? Director Kahm said I am not sure that I lotally followed you lhere Mayor Woodward said you're not sure whal lhal statement was? Whal I am slating ,s lhat the plan s that we are loolung at to pay for out of pocket at $80,000 00. we can utilize 1f we do not get this sbmulus grant money, we can utilize lhat at another tJme whether It IS f,ve years or ten years down the road, with possibly some minor upgrades to lhat draWlllg Director Kahm said that Is absorotely true The shelf fife on those drawings Is lengthy Mayor Woodward said it Is an investment In the future on Soulh Broadway, south of 285 In District 3. Director Kahm said It definitely would be
Council Membe r Mccaslin said how long are lhe plans good, I mean, how long would someone s,v lhese plans
are good? You say 5 or 1 O years or indefinitely or? Director Kahm said the design would dovetail In wilh the
new planters lhat we're putting In at lhe soulh end and would also follow the medians lhat were built from 285 all
the way up to Yale. So, I can only look at the medians lhal we built in 1975 and 1976 and those plans were
good for a long time Yes , I think they are good for many years Mr McCaslin said 20 years? Mr. Kahrn said
probably, sura
Council Member Jefferson said what is lhe r~e of a median, generally? I think we have talked about this. but I
can't remember Director Kehm said on the medians? Mr. Jefferson said yes .. generally. Mr, Kahm said as far
as lhe physical conslrucllon, It is probably 20 years .. 25 . It lasted a long time. Wrth any of those medians. the
big Issue has bee n being able to ma intain the landscaping In lhem , because you put It In and It is overgrown
after so many yea rs and I'm not... that is not my specialty, As I've watched over the years ... after maybe 5,6 or 7
years , you start having to trim them back and maybe replanl them Mr. Jefferson said thank you.
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Council Member Oakley said okay, I am going to look at this Just a lrttle bit different Of course. my statements, I
believe, at the last meeting 1nvotv1ng the happenings ol DRCOG, probably has brought us to lhis point. I sltll •
leel lhat..and given Ridt and Dave"s memo for tonight's meeting, lhat hasn't changed my opinion any at afl and
maybe even substanUates it more. An Investment in the future .. lhat is a good way to pul It, Jim And I would
agree to lhat...1r hmes were a little bit better. but I look at It this way. If we were planning on doing those three
blocks of islands on Broadway now and we were going lo pay the full pop, there woul d be no way th at we would
be silting here th inking we could appropriate $600 ,000,00 to do thal project. There Is not chuck holes involved,
lhe re Is nothing to damage cars ... It is esthetics. And I think In some areas we are not going to be able to afford
debts for awhile . And this Is such a long shot. I Just can't see tying up $80,000.00 We have other places we
can use that right now, that need 11 more And If we go ahead and put tihis off as a regular TIP project ... along
further down lhe line. do some of these design costs. would Iha! be . could we roll back Iha! program and obta111
the design costs at lhat lime? II would Just take a little IOnger to do ij_ Director Kahm said Wayne, lhe normal
federal programming, we would apply for, like we did al the south er!d, we would apply for a project that would
Involve design and lhen follow up with construct,on and then we would pay 20% of Iha: total bill
Council fAember Jefferson said this one Is also an 80/20, Is that correct? Is that what I heard you saying?
Director Kahm said no. under this program. under the stimulus program. If you do the design and you are
selecled, the n they pay 100% of the construction Mr. Jefferson said okay.
Counc,I Member Moore said let me clarify, because I am confused about the 80/20 for a norma l, possibly future
pro1ect. I lhought lhe last bullet on lh1s memo was saying we wiH always pay 100% of the design cosls
Director Kahm said what he Is say,ng Is lhat If we spend our money on the design lhen lhat money can't be
used as a match in future safety pr01ect programs So you would have lhat $80,000 00 spent and then If there
was $500,000 00 worth of constructK>n, you would sllll have to pay 20% of lhat
Council Member Moore said let me clarify, Rick . If we spend lhe $80,000 today. is It not el igible for the co-pay
Is ler becau se we spent it today or because 1t was fc• des ign costs? Director Kahm said It is because vou spent •
II before with any of lhOse federal programs, any money you expend prior to gelling the grant. Is nu, e1ig lble for
the prog ram II has always been that way
• Englewood City Council June 15, 2009 Page 15 Council Member Oakley said thal was to keep cities from using projects lhal lhey were going to spend their money and they said no. let's spend the govemmenrs money now And lhat is the reason and they said they would apply rt to everyone . Council Member Moore said you know, I don't want lo beat this one to death, but for me, this Is the dood,ng factor, so I want to be absolutely clear Because, I thought in some earlier discussions we had . I came away with the lmf)fession that d we wailed 10 do the proJeci later, we would fikely spend 80 grand on the design oost
and then for the $500,000.00 of construction, we would be paying 20% of that. You 're Indicating we would pay
20% of the total. So, If I may pick up on what Wayne was saying, we can spend 80 now ... at a shot of
$500,000 00 ... or, and I don't know how much of a long shot. but ft doesn't sound a given .. if we just wart, and
plan for this later, we expect to be paying, I think I calculated $116,000.00 when we get funding for It later using
the 80/20, So, I would agree with Wayne, rather tha n locking up $80 ,000.00 now, on an outside chance, and If
we don't get the funding, we end up spending more, because we will spend $80,000 00 plus 20% of the
SS00,000.00, so now we are at $180,000.00 on the total project. Irs a better bet just tabf,ng this and waiting
unbl we're ready . All that analysis ts contingent on them paying 80% of the design cost In the future, while we
are paying, you know, versus the 100% now If that Is the analysis ... this Is a lot easier than I thought it was going
tobe
Mayor Woodward said well I think the other thing Is whether that $500,000.00 now, Is $500,000.00 In the future ,
My guess Is that it isn't close, because of the value of commodities. I think when you originally bid this out or
guesstimated ~ out, you were al $600,000 00, and that was less than a year ago.
Director Kahm said we felt that the construction could be done for $500,000.00, based,.. Mayor Woodward said
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when you originally did It? Mr Kahm said yes, originally we were thinking $600,000.00. Mr. Woodward said
and that was how long ago? Mr Kahm said we put these numbers toge\her last fal when we first started
chasing all the stimulus money I mean, we had put In for a lot of projects then.
Mayor Woodward said okay All I am lrylng to say Is the $500,000 00 ... it Is an oppor1unlty time right now. It Is
the same way with the 72 or the 80 on the design plans. Those aren't going lo be the same 5 years down the
road ... If you get TIP money then. If f am reading thlS nght and help me Rlclc I don't see that we are competing
with a lot here other tha n ourselves.
D~ector Kahm said what they were saying was, that there were 8 enhancement projects that were already
selected and he doesn't feel that those f)fOJeCts are going away. He hasni seen anybody suggest that they are
going lo drop out. And I can't tell you which 8 projects they are, Mayor. I really do n't know. But he fe lt llke lhal
what we would be banking on Is tha t those 8 projects wou ld go to bld ... some wUI bid shortly and that at best
there might be, because of the market, might be a 15'4 savings And that 1$ the money thal would be available
that would f)fObably fund one more f)fojecL And his guess Is that tt we lelt our f)foject in, we would f)fObably be
In a group of 5 to 10 projects that were on lhe waiting list in the backup position
Council Member Wilson said from money left over from the first 10, or whatever? Director Kahm said so math
would tel me that our Chances are somewhere between 1 and 5 and 1 and 10, If there are savings on those
other 8 projects.
So, Council Member Wilson said, tt there are no savings from thOse Pfojecls. because of cosl reductions now,
then there won1 be any money? Mr. Kahm said thal Is correct, but the other possibHity is that the federal
government will release more money in the program. And th en your project Is ready to go and you would have
a shot.
Council Member Wilson said and I guess I had such a stand last week on not wanting to spend the money
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because or the lime ... bul then I look at the benefits and ou r economic development and wilh ii being something
that maybe we should be looking at for the south end , because even though we are partnering with BID, if we
cooperatively worlied together on the north of 285, but haven't done maybe enough on I' -south end to
stimulale businesses coming In So. now I am kind of caugh: between a rock and a~ ,pot...myself.
Englewood City Council June 15, 2009 Page 16 Co un cil Member Jefferson sa id I don 't know lhal I look al th is as so much if an economic stimulus ki nd of a thing I th,nk , genera l1y, most C'f...l mean ... l didn 't really see a large eco nom ic lmpacl on the north end when these came In In fact, I heard a lot of bus in ess owners comp lainin g about them . Bui. I think . there is probably mo re of a safety issue in traffic and whatnot, you know ... that has probably a little more legitim ate reason for bu ild ing these things . Counc il Member Wil son sa id I just think , you know , it is probably like esthetic looking at...we haven't done rea lly much down lhere and therefore , in a way , we are kind of pay111g lhe piper ... bul we have a lot of vacancies . So ,
maybe investing in lhat would help stimulate . I don 't know .
Mayor Woodward said I th ink on the south end , north of Belleview when you put those in and had the
neighboring businesses come in and meet, I think wi th the car dealers down there . Was that a fairly pos itive
type of response that you had to that project? Direct or Kahm said I th ink so . You know, we included those
businesses in the processes of moving forward . And of course , al the same time we were upgrading all the
street lights on Broadway for that whole area , so I think we had a substantial impact dow n there
Mayor Woodward said and we have al ready done the street lights between Qu incy and Tufts .
Council Member Oakley said okay , just remember this . if we were sitting here talking about an Eng lewood
project that you wanled to invest in and we decided to invest In it, and we put up the money , we know II Is going
to be done. When you start investing In projects of slimulus money com ing oul from the federa l govemmenl.
that you don't even know is going to come and you don't know how it Is going lo come ... you know it is going to
be filtered through ORCOG ... and lhe rules can change at the next meeting, we are gambling on putting up
$80,000.00 and no: ,,ver knowing when we are going to get our return . I will guaranlee you that.
Counci l Member Mccaslin said okay, let m·• ask you some thing anyway . Wha t is the prospect of finishing this
project? Is it indefinite? Is it 5 years?
Council Member Oak ley said whenever we have the money ... whenever we can apply for another TIP . That
shou ld continue ... that has been go ing on for years , irregard less of whether this stimulus package works or not.
We are all hoping it does . But what are they saying , that they have on ly been able to spend 10 or 15 percent of
that money . And when they first started talking about it, they were going to have them ready to go in 30 days .
This ,s simp le as far as I'm concerned .
Council Member Mccas li n sa id if we are go ing to do the project anyway , I mean we are going to have to come
up with money anyway , aren't we? Mr. Oakley said some time , but that is in the good times , th is isn't good
times .
Mayor Woodward sa id I guess where I would come from th is ... is if we tru ly believe that th is is ... as an
investment In the future , as an investment In Inf ras tructure in the future and th is fits right into , in my opinion ... in
my mind , what the LT AR fund was all about.
Council Membe r Oakley sa id tha t is a good point , but have you ever heard me argue aga in st infrastructure?
The comment was made : no , I haven 't. There was laughter.
Mayor Woodward said but it Is one that , you know, when you are looking at US 285 and south , it is a different
neighborhood than the historical part of 285 and north . It is where there are some real opportunities, I th ink , in
the future . For me , I am willin g to take that gamble . And the worst case being, that we have the plans ready to
go . It Is shovel ready and they are ready to go .
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Coun cil Membe r McCas hn said you know just driving up and down Broadway and I know what you are going to •
say Jim, there Is less occupancy south then there are north and maybe lhis is the opportun ity to help that south
end become a more viable , you know , part of our commun ity , as far as the business owners . I mean, there is,
right across from the Uni ted Method ist Churc h ... alm ost that who le row is em pty . On the olher side of Quincy, I
mea n there a,e many , many empty, unoccupied places where . you know, we start cleaning up there Like I
say , nght now 11 esth etic and it's the money and I know but it Is an Investmen t.
Englewood City Council June 15, 2009 • P1ge17 Mayor Woodward said and what's amazing about It, Is that the area from Kenyon to Chenango outperforms area two, which ,s Broadway .. year, after year, after year on sales tax . So, It Is a different type, but 11 Is an oppMunlty and there are some neat opportunities that I got to see this weekend . thi s past weekend, In Kansa s City Coun,:,J Member Wilson sa,d I had a e1hzen ca ll me last night and he considers th e whote south area bhghted
He .nlnks 11 looks 5<' bad And he sa,d ... What are we doing? And rm like, well maybe this Is the opportunity .. I
don't know. to lnve. : in that
Counal Member Moore said~ I thought there was a 75% c.~ance we would get the funds, I would take the
gamble and do this. but that ,s not what I'm heanng and you know, Jim ..
Mr McCashn satd what percentage are you hearing? Mr Moore said I on 5 to 1 on t O t O to 20 percent
chance So we are way on the other end and then, you know, J,m you characterized the worst case that sits on
the south, I would say the worst case was we would spend $80,000.00 now and then at the end of the day, we
have to spend an extra S 100,000,00 later because of the way we ... well , if I've got that wrong, I guess we lost
the 60. In the end I thi nk we might end up spending more, because we took thai $80,000 00 In design and took
away the opportunity to get the 80% match on It Mr. Mccaslin said right So, Mr. Moore said, for those
reasons, I'm not prepared to move forwa rd with It tonight.
Council Member Oakley said it would be so much easier if we had a developer saying If you will build this street
Into this property. I guarantee you that I am going lo build this there and this Is going to bring this econo my up,
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but there Is no If you have property owners alOng that stretch that sa id ... If you would put In these islands and
beaubfy this area, I know that I can do somethlr,g with these properties. But we don't know If putbng ,n
Islands ... that most people don't pay any attention to whel' they are driving to wo,k, as long as they are not
Mt,ng chuck holes. would do any good at all Ms W~son said wel we do hear the complaints.. how bad they
look Mr Oakley said well not just the islands, they are lalklng about thn whole area and some of that has been
Improved ~,s Wilson said yes Mr Oakley said In just the last year.
Council Member Wilson said (to Director Kahm) . so you don't thtnk that this Is a good Idea Comments were
made that were unclear and there was laughter
Director Kahm said let me tell you. Mike Flaherty and I have been chasing stimulus money since we first started
talking about It way last fall. It was disheartening to go to the State meetings In December, because i rejects
had to be shove l ready and that meant, they had to be designed to federal standards , th ey had to h·Jve right-of-
way clearances, they had to have environmental cleara nces and the State had 2 billion dollars wor,h ll projecls
ready to go And there was 500 mtlhon expected to come lo the State It was really clear, way back when, that
we weren't fitting Into that niche Then we got Into the block grants and guess what, we are not 35,000 people,
so we m,ssed that whole thing Old you ever look at that hst of people that got fund,ng for projects. you
know and we are too small And then we were told we could go through Arapahoe County, but we tried
Arapahoe County and they weren't doing any, so that didn't worll This is the closest we've come to having a
shot at any of th,s money But ,t 1s a gamble and the numbers. John, the 5 one and 5 one 1n 10, those aren't my
numbers, those a•e m that memo from Steve Rudy down at DPCOG That ,s the way he p,ctures ,t So he sees
,t you know. as a possibihty but ,t is a IOng shot
M ~ Woodward said but didn't he also make the statement that there may be additional stimulus dollars
toward the fall? Director Kahm said there may be The other th ing that may happen Is the President thought 4
was going to be reall)' easy to get that money out In circulation What dtd you say Wayne, there were 15
percent ou t there? They have had trouble gelling It out there. It Is hard to move through the federal
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bureaucracy. So, the re may be other projects nat,onal/y, but they just don't happen And so, lhere co uld be
money become avadable
Councd Member Oakley said remember I told you, DRCOG got 150 mo/hon dollars worth of requests and they
had 55 m,lhon to spend So that means 95 mtlloon went unfunded and no matter how lar down the tine that
would go. It 1s not go,ng to get down to lhese small proiects Unless ORCOG steps forward R601ember in the
En gl ewoo d Ci ty Co uncil June 15, 2009 Page 18 meetings some of the smaller cities like lhis spoke up and sa id ... lhis doesn'l look like lhe smaller projects are going lo get any cons ideration And everybody basically admitted 1t Th ey said okay , let us spend this money on some or our bigger projects right now . having to do with lransporialion and if there is ever any money coming back that Is ava il ab le, we will remember you small guys . Okay, I've got to see that. Mayor Woodward said It is a totally different board ... every year . Mr. Oakley said yes . Mayor Woodward sa id that was where I was trying lo gel though . Wayne, are you clear on .... because I am not
and that is why I was asking Rick ... on the categories where they say ... bike paths ... because when I talked lo
Sieve Rudy In February regard ing bike paths and stuff ... he says that is a special little part ano :~en this was
called enhancements , which is ... l assume ... another spec ial little area ... Mr. Oakley said I don't remember that
being broken out in that particular order ... no .
Director Kahm said ... if I could, Mayor ... the lotal for the Stale was S55.9 million and that covered five different
categories of projects . Enhancement is only $4 . 7 million or tha t $55 .9 million . So , one-eleventh or it. Ma1•~r
Woodward said okay.
Directory Kahm said he also told us he didn 't see the possibility of money moving from one category to a
different ca tegory . U one category ... if the projects fell oul...11 wou ld be funded In the same category.
Counci l Member Oakley said you know that I am not bashful and if I thought there was any way that we could
get any of this money , I would be running up and down the tables . And believe me ... l never got up from my
chair. I felt slapped down , from the very first minute.
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Cou ncil Member Mccaslin said that changes my perspective, because you have more of an Insight In wha t •
DRCOG is telling you . What you are perceiving In the room ... it looks like ... you know. Council Member Oakley
said If I don't te ll you how I feel about this , you are not going to know . Because , I'm the one you are send ing
down there . Mr . Mccaslin said I appreciate that, I appreciate that. .. because al least you have an idea that it is a
long shot.
Council Member Jefferson sa id ... wilh that being sa id the benefits just aren 't that great.
Mayor Woodward sa id are we ready lo call the ques tion?
Council Member Moore said I would like lo make a motion that we table this Item ,,. table ii un til someth ing
changes in the enviro nment. Council Member Jeffe rson said I would second that.
Mayor Woodward said well there is nothing to table , because ..
City Attorney Brotzman sa id could you table (ii) and (iii) if you do that?
Council Member Wilson said ... aren 't there deadl in es?
Mayor Woodward said aren 't there dates when this is due?
Council Member Jeffe rson said the rules might change ... it is poss ible .
Director Kahm said actua lly Mayor, we would have lo have a complete federa ll y approved design by August 3".
Thal is why we are here tonight. Mr. Moore sa id I understand that. If you learn some great , new in formation
tomorrow then please let us know and we will act quick ly.
Co uncil Member Moore sald ... l'm sorry Dan ... you we re asking? City Attorney Brotzman said 1f you could do (c) •
(ii) and (iii) al the same lime .,. (iii) is a contract lhat would be awarded under (ii).
Council Membe r Moo re said I wlll rev ise my motion .
• Englewood City Council June 15, 2009 Page 19 COUNCIL MEMBER MOORE MOVED, AND COUNCIL MEMBER JEFFERSON SECONDED, TO TABLE AG ENDA ITEMS 11 (c) (II) and 11 (c) (Ill) TO A DATE UNCERTAIN . Mayor Woodward asked If there was any further discussion . Th ere was none Vote results: Ayes : Council Members Penn , McCaslin , Moore , Jefferson , Wilson , Oakley
Nays : Mayor Woodward
Motion carried .
Director Kahm said thank you .
Council Member Oakley said I would just like to make one comment on that. If the majority of the Council would
have liked to have gone along with that project... I would have , In the end , too. But, I fe lt that I had to let you
know what happens down there at DRCOG . Otherwise, there is no sense in me going to the meetings .
Mayor Woodward said I understa nd . I have been at those meeUngs and I have been at Metro Mayo(s Caucus
Meetings ... so I understand what you are talk in g about.
{iii) A re commendation from the Department of Pub lic Works to authorize, by motion , a
Professional Services Contract with Hedrick & Associates for the design of 'South Broadway Medians -Quincy
to Tufts' In the amount of $71 ,857 .80 .
• Thia Agenda Item 11 (c) {Ill) was tabled Indefinitely. See Agenda Item 11 (c) {II).
12 . General Discussion
(a) Mayo(s Choice
(i) Mayor Woodward said I want to mention that I attended the first Tier Suburbs Steering
Committee Corference In Kansas City this past weekend . We toured eight different suburbs of the Kans;,s City
area . They have a First Tier Suburbs Council there that Is pretty active . DRCOG has been talkin g about it for a
few years and I don't think they have ever put II together . Bui after seeing what's going on in Kansas City, it is
certainly something that I want to explore further. One of the ma in th ings that was discussed was this Form-
Based Zoning . Denver Is going through this right now With their commercial zoning . Alan helped me a lot to
understand what little I do understand about it. Bui it Is mainly about the buildings, as opposed to the usage
within the build in gs. So, numerous suburbs and cities are looking at that type of zon ing . We have done a part
of thal...a small part , in our medical small area plan ... not the whole ball of wa>..
(ii) Mayor Woodward said I want to mention that our new pedestrian bike bridges are now
open as, I believe It was ... last Tuesday . They are really qulle the pieces of work . Jerrell was kind enough to
take a couple of pictures and e-mail them on . He e-mailed them to the South Platte work ing group people and
the County and got some really nice comments back , by e-mail , regarding people that have gone down and
seen and po inted out the historical elfects of using some of the flagstone from the prior City Hall . So, If you
haven't seen them, you should go and see them . The golfers at the Golf Course want it... want the one down
there . Unfortunately , lhey can't have it ... as we utilized grant money ... so , we can't change that. But they really
are excellent They are the nicest bridges on the Platte River right now ... in my opini on .
{ii i) Mayor Woodward said with regard to Emme Putnam and Dorothy Haefel i end
Centennial Park ... another Interesting th in g, .. I was talk ing to Jerrell today regarding the off-leash park
• Issues ... Jason Park specifically ... and we did get around to Centenn ial and stuff and ... although Duncan and the
Northwest Greenbelt area have not had any compla ints over the years ... Centenn ial has had a minim al number,
wh ich I believe is under half a dozen . So , th is kin d of came as somewhat of a surprise to me tonight to hear
from Dorothy and Emme .
Englewood City Council June 15, 2009 Page 20 (IV) Mayor Woodward said Kiln with regard lo when we gel presented with something to review dunng a Council meellng I don't have the o,pportunIty to read 11, because I am lry,ng to run the meeting Bui with regards 10 what I think I heard .. hopefully, you are work,ng w,th Parks and Rec,ealion discussing this with them . With regard lo the playground areas ancl dogs , playground areas are off-ll1nlts, as you know ... to all dogs. at all limes .,. on-leash, off-leash. That the children's playgrou nd areas and If there are sporting events going on on any of the sporting fields .. lhal Is. practices or games .. of course off-leash Is not permitted on those areas either I appreciate what Englewood Unleashed Is trying lo do in moving forw2rd and looking al some of the buffer,ng and things like that and I guess I win kllld of leave 11 nghl there
(V) Mayor Woodward said I war,ted to mention that the Concert Series, I believe, starts this
week In the Amphitheater, on Thursday evening al 6:30. I don't have lhe na me of the band ... but they are
starting Thursdays al 6:30 . Hopefull y, lhe rain will end this week .
(b) Counci l Members' Choice
(I) Council Member Penn·
1. He said Dorothy and Emme are not here, but I would like to thank them for their comments.
2. He said ... Kim, thank you for th e newslelter. I will, also, try to digest that this week, I think with the week
or two that we have had prior to this .. possibly we do an Inventory or a survey of the people that utihze the park,
the people that live around the park and , of course, our dog friends. I'm trying lo see what lhe climate is nghl
now with what Is going on in our parks with leashed or un-leashed ... and see where we can go from there.
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3. He said I'd like to thank JerreP, Bob Spada, and the enlire staff over there, for hosung our Golf •
Toumarnenl on Friday. They did an excellent job ... 11101 only In helping us set-up .. doing an the work that we did
and the co urse was absolutely great. And Jerrell ... ! don't know whether you did a dance or somethlng ... but you
got us great weather that da1 . Jerre ll If you would p,ass lhal on for us ... thank you so much.
(ii) Council Member Mccaslin
1 He said Kim . I appreciate going to this trouble. Thts takes a lot of pro-acuveness •. you we<e at the last
meeting and you heard the concems about Jason Park and so forth. Instead of sitting on your laurels you've
come up with some recommendations that would help, I really appreciate the effort that you have put Into this I
hope you continue lo do this, because 11 Is a very positive step toward the problems that are being addressed lo
the Council Thank you.
2. He '31d I would like to request $2,000.00 for l~e Gold Sponsorship for the Geofge Allen Chamber of
Commerce Goff Tournamenl This IS a budgeted rtem with a 20% fee reducbon This Is Englewood's port,on
to pay for the Gold Sponsorship.
COUNCIL MEMBER McCASLIN MOVED, ANO COUNCIL MEMBER WILSON SECONDED, TO REQUEST
$2,000.00 FOR THE GOLD SPONSORSHIP FOR THE GEORGE ALLEN CHAMBER OF COMMERCE GOLF
TOURNAMENT,
\layor Woodward asked if there was any discussion
Council Member Penn sale! I think the Chamber is trying lo do their part and thank God I don't have lo be the
Executive Director anymore. Their whole goal, of course, Is lo reduce our dependency upon the City of
Englewood and part of the goal Is to reduce ou r budgeted Item by at least 20 lo 25% on everything. Hopefully,
lhal will help In these limes and people will understand that we are trying to do tha t II was a tre mendous •
tournament and It did show off Englewood very well
Mayor Woodward said I Just wanted to clarify, Bob, what you had said that these ate funds that were approved
and appropoaled through the budget process last year ,n 2008 for 2009's budget What you are asking for IS
20% less than what was actually appropnaled for thJs Mr McCashn and Mr Penn said that 1s correct
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Englewood City Council June 15, 2009 Page 21 Mayor Woodward asked if the re we re any other comments or discussion . There were no ne Vote results:
Motion carried .
Ayes · Council Members Penn. McCas lin , Moore, Woodward . Jefferson , Wilson, Oak ley Nays : None
(i ii) Council Member Oakley sa id Kim, I had a chance to look al your bu lletin and it looks
li ke you have some pretty good ideas . Hopefully, we will be able to discuss th is more at our Study Session ,
com ing up , on dogs . I also noticed , in the City Managers notes , that Jerry Barton had sent a memo to Dave
Lee with some recomme ndallons for testing this stuff al Jason Park and , hopefully, they will come up with
solutions . I assume that we wil l enter Centenn ial Into the discuss ion , as well , and maybe some of the ideas you
have for Jaso n Park will work al Centenn ial Park , because listen ing lo the two lad ies tonight, ii sounds as if they
are the same problem s, just a different park . So , if we can come up with someth ing that will solve the problem
in one park ... maybe we can solve the prob lem in all of them .
(iv) Council Member Wi lson sa id I Just wanted to thank Kim and the rest of Englewooo
Unleashed for stepping up and being proactive . I appreciate iL W are gong to have a Study Sess ion ... I don't
know what our dale is ... to discuss these matters . Hopefully, we can partn like we have In the past, to come to
a solution .
(v) Cou ncil Member Jefferson :
1. He sa id I wanted lo thank Dorothy and Emme for bri nging their comments forward . I, too , was
somewhat surp ri sed by them, I had never heard the compla ints about Centennia l... most of them seem to be
focused on Jason . However, perhaps that is someth ing we can discuss , as this dog issue seems like ii will be
discussed in more length .
2. He said want lo thank Kim fo r his efforts over there at Jason . When I was over there this week , I tried to
talk to a couple of the dog owners and they said Kim has alread y been here ... we know . So, he beat me to the
punch and I just wanlad to thank him for that.
13. City Manager's Report
Deputy City Manager Flaherty did not have any matters lo bri ng before Counc il .
14 City Attorney's Report
(a) City Attorney Brotzman said Jerrell and Rick have been patient ly waiting to talk about Pirate 's
Cove . So . if they can start this out , I would appreciate ii.
Direclor Black said in your packet, last week , we had a bri ef nole aboul Pirate 's Cove and I wanted to give you
an update as to where we are today and where we will probably need lo go later . Las t week we found a leak In
one of the in lets at the le isure pool. We immediately got wilh our aquallcs consultant and lhey gave us a bid lo
repair the leak . We called in Publ ic Works and we nolified CIRSA , ou r insurance carrier. We got together on
Tuesday . Rick Kahm and his staff were unbelievable in lerms of providing lmmed iale response . They had a
structural eng ineer there ... lhey had all of their slaff. CIRSA had a forensic eng ineer at the site ... lracking and
documenting everything that was occurri ng . We did find a broken pipe at lhe inle t lhat went back about four
feet. CEM , who is our aquatic maintenance consultant, went In and made the repa ir. Mr. Kahm and his staff ,
under lhe coordination of the structura l eng ineer , had to tear out part of lhe deck ... aboul 50 feel of deck . We
had to re .pour the concrete and we were able to do all of that with in 48 hou rs. The pool was closed Wednesday
and Thursday and we opened back up on Friday. The re~a lr that was made ... the conc rele , in addition lo lhe
repa ir to lhe piping ... is approximalely $40 ,000 .00 . The repa ir is a temporary repa ir We wi ll have lo go back in
al the end of tha season and take out what we just put in One of the problems wilh leakage , that has been
Englewood City Council June 15, 2009 Page 22 occumng for awhile 1s the wall between P1rate's Cove and Ille park_ slrucluraly 11 comes up, like this and the bottom comes out from the waler seepage there To rebuild lhal wan as protecbon for Ille park .Pirates Cove and the separabon part there . win be at ,east S 100.000 00 That does not include the demolibon We believe the final cost of the total p,a,ecl Will be somewhete between $150.000 00 and S200,000 00 The~ results Ille documentabon from the engmee(s hired t>y CIRSA indcales that the workmanship. by the General Contracior, was no1 accord,ng 10 speaflcat1ons that were in Ille bid documents As a result. 11 looks as U,ough our 111surance earner. at this wne. win not pay for the reparr. I think Mr Brotzman is 901119 to tall< a few minutes about the kbgallon that we have in mllld bul I just wanted to bmg you u1>-1o-date as lo where we are
now and those repairs are teml)OfatY and we wdl need to do the permanent repairs In fact, when CIRSA'.s
engineers were out rt looks as though we win have lo replace moce or the deck than we did last weelt So. that
iS kind of the slatus of where we are as of today R,ck, did you want to add anyttmg to that?
O.rectur l<ahm said Jerrell, I think you have covered 1l wel! One thing we can assure you ,s that the slructlr.il
folks looked at lhat and the wall is not catastrophic ll 1s safe It will get us through the rest of the season To
make sure tha1 rt IS sale, they will monito, rt cont1nU011Sty, all summer to make sure there IS no movement in the
wall We have bu,I a second, ,ntenor fence lo keep people at least three feet from the outside fence ... 10 keep
people out of that area Today I did receive a p,oposal from lhe Slrudural engineer fo, the WOik he has steady
done and the wotk lo monitor this summer and the design WOik in the amoont of about $30,000 00 I got with
M,ke and we have approved thal and the monrtonng staried today So, we are on top of II.
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Crty Attocney Brotzman satd bolh Jerrell and Rick did a temfic Job one. taking care of our facility. gelling • back
open. they also did a really nice job fo, everybody concerned because~ Is also a revenue generator and we
would be losing money fo r every day that the facility IS not open So, lhal 1s the short term 1ssue ... we,
obvlOIISly, have a longer term problem CIRSA. also, was very responsive they got people out there and they
have been talking lo us Everything is verbal right now HR submitted a da1m, afier they did eve,ylh,ng •
verbally We are hearing that CIRSA is 901ng to deny lhal We only have a verbal, we don't have ~ In wrmg
yel My underslanding is that they are either looking at a pipe lhal was lhe wrong size or rt was encased
improperly. The quesbon becomes . IS that a contract o, a warranty 1Ssue or a negligence 1Ssue? If rt 1s a
conlfact Issue °' a warranty Issue ... those are not covered Item$. Negigence 1SSues are covered Thal IS what
we are looking al .. bolh for this pipe and for the wafl lhal wil have lO be fixed in the future we are also looking
al aid they put pope somewhere else imp,operty in the facility? You can't rllld that out. unbl there Is aoother
lealt So. what we are also going to be lookirlg al are other stalule of limitation's province One of the problems
is, If rt Is a contract 155ue or a warranty 1SSue. those are barred. Neglogence tssues beg111 at the tme you find
the problem So. not only does • give us Insurance coverage il also delays the trigger lo, the statute of
limrtations Thal is what we are IOoking for Whal is under my seclioo. Is a request to use Dana Elsmeier of
Burns. F,ga they do constructJon claims, they W0fk cm goH course proJects. they wock on other pro1ects for us
ThlS ,s a construct,on c:tarrn process rt is not lhat much of problem that CIRSA has said no .. because we gel lo
select the firm Iha! we would hke If rt turns out to be a l0rl. we will be resubmitting the bill lo CIRSA. '#lldl they
should lhen pay lhe amount less our deductible One of the things lhal we are go,ng to have to do we took
care of short term and we were 1n a hurry Thal means we did a really nice Job III two days we d1dn'1 have bme
to notify the bond company, the people who did the onspec1Jons ... the ongonal conlracto, We have to do an that
That IS what Dana Wilt dO and work wrth us Obviously, that Is go,ng to be a negohahon, before we file any
taw,.uits We are going lo talk to everybody and hopefully, they WIii agree that 1h1s IS something that was wrong
and ,s thew respons1bw ry II nol we are ask,ng for the nexl stage which is to actually file a lawswl So. lhal
would be my moloon ... to hore Burns. Figa spec,fically Dana E1sme1er, to pursue the cia,rn :or damages al
Puate'sCove
COUNCIL MEMBER MOORE MOVED, ANO COUNCI L MEMBER WILSON SECONDED, TO HIRE BURNS ,
FIGA & WILL, SPECIFICALLY DANA EISMEIER, TO PURSUE A CLAIM FOR DAMAGES AT PIRATES
COVE.
Mayor Woodward aSked If there was any dlscussoo
Councol Member Oakley said ~ 11 was lhe resutt ol lhe contractor not putting the pipe on accold,ng to
spec,licallons then wou1d the ,nspecto, WDllld negligence be the termmology that will be used there, Crty
Attorney Brotzman said thal IS what we aie going to have to look at Obvtousty, the onspector doesn't fllSped
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• Englewood City Council June 15, 2009 Page 23 every PIP8, every day so, we are going to have to pun out all the contracts and go through and we are also going lo have II> look at what the industry standard is Mr Oakley said okay. Mayor Woodward asked if there were any other questions. There were none. Vote results:
Motion carried.
Ayes: Council Member.. Pem. McCaslin, Moore, Woodward , Jefferson,
Wilson . Oakley
Nays: None
15. Adjournment
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I would h~c 10 take a 111umc11110 lalk about monc). SJl<.'Cilicall) Englc,\Ood !~payer money. In \\lay of1!11s year. lour city cmploy1:cs aucndcJ lhc ln1cma1ional Conforcncc of Shopping Center.; m I as Vegas al a cosl ofS48.2119 lo Englewood 1axpaycrs with \\hat nppcars 10 be a pnmury focus 10 mnrkel a propcny ou1side of1hc Englewood cit) limi 1s in Douglas Coun1y.
That's jus1 shy of S50.000 spent on marketing a propcny surrounded by Highlands Ranch
and Li11 lc1011, when 1hcrc arc propcnies wi 1hin the cily of EnglewC'od 1ha1 arc 1101
receiving lhis same a11c111ion .
With tlus si1.able a111011111 of money spent, what was the purpose of this 1rip and what was
the outcome'! How long will ii 1akc for the people of Englewood to sec 1hc re1um on this
expenditure'? Ami most imponant. why was the cost of this 1rip not discussed or voted on
bcfon: 1h~ people at a council meeting?
To receive 1h is infom101ion. two records rcques1s were subm iued taking a period of
almost a week. Through these records requests I learned that the "ty of Englewood is
operating a separate corporation that currcnlly owns this land, and for some reason the
costs associated with lhis corporal ion do not tec hni ca lly fall wi1hi n lhc open records laws
and do not have to be provided to the taxpayers, even though taxpayer money has been
used to fund this corporation in the past.
Why was 1his infonnution 1101 rcndi ly availoblc 10 the peop le of Englewood, especia ll y on
the intcmcl'/ Why is it necessary 10 have 10 iio 1hrough a legal process each time a
taxpayer "ants 10 kno\\ how their money 1s being spent'!
Nearly every council meet ing hundreds of thousunds of dollars arc be ing voted on wi1h
almo~l always a 7/0 ,·01c and no discussion . 1t·s the ngh1 of the ta.,paycrs to know
where aud how their money is being spent.
It's lime for lhe city of Englewood 10 pul the enlirc line item City Budget online, and 1101
a summan,cd ,·crs,on of the budge!, a complclc budget including all cxpendtturcs.
revenues. comrarts. separate funds, and.J1l1~"000-llll(pll¥CC owned-
eo1 pv1 a1 io1rs. ,~archuhlc anti ucccssihlc to the people ofEnglewood .
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PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT J u ly 6, 2009
PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES
PLEASE PRINT
NAME ADDRESS TOPIC
• RESOLUTION NO . SERIES OF 2009 A RESOLUTION APPOINTING NATHAN BARRAGAN AS A YOUTH LIAISON TO THE CULTURAL ARTS COMW ISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS. the Englewood Cultural Ans Commission was established by the Englewood City Council wi1h 1he passage of Ordinance No. S, Series of 1996; and
WHEREAS, the pwposc of the Cuhurol Ans Commission is 10 provide planning for the
development of cullural arts activities and to implemcnl an Ans Plan; and
WHEREAS, the City Council desires 10 appoint a youth liaison 10 the Cul111ral Arts
Commission for the term expiring July I, 20 IO; and
WHEREAS, Nathan Barragan has applied for oppoinunenl lo the Englewood Cultwal Ans
Commission; and
WHEREAS, Nalhan Barragan mcclS the requimnenls set fonh by City Council for
appointm~nl as youlh liaison to the Cultunli Arts Commission; and
WHEREAS, the Englewood Chy Council applauds the volunleerism of this Englewood youth
• and dcsi= 10 appoint Nathan B8.IT3gan 10 the Cultuml Arts Commission;
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NOW, THEREFOR£, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
~-Nathan Barragan is hereby appointed as a youth liaison 10 the Cultural Ana
Commission. Nathan Barragan's term will be effective immcdla1cly and will expire July I, 2010.
ADOPTED AND APPROVED this 6., day of July, 2009.
ATTEST:
James K. Woodward, Mayor
Loucrish1a A. Ellis, City Cieri<
I. Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorudo, hereby ccnify the
above is a we copy of Resolution No. ___, Series of 2009 .
Loucrishio A Ellis, City Clerk
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RESOLIJl1ON NO SERIES OF 2009 A RESOLUTION Al'POINTINO MARY BERGE R AS AN AL TERNA TE MEMBER TO THE CODE ENFORCEMENT ADVISORY COMM ITTEE FOR THE CITY OF ENG LEWOOD. WHEREAS , lhe Englewood Code Enforcemem Advisory Comnuucc was established by the Englewood City Council with the passage of Ordinance No. 71, Series of 1997; and
WHEREAS, the Code Enforcement Advisory Committee is an advisory commiuec focused on
the activities and services of code enforcement and regulatory pr.x:esses of the Neighborhood
Services section of the Department of Safety Services, the Committee makes recommendations 10
City Council and to the City Manager or designec for improvements relating 10 the Neighborhood
Services in the City; and
WHEREAS, Mary Berger has graciously offered 10 serve on the City of Englewood's boards
and commissions; and
WHEREAS, currently there arc no vacancies on the boards and commissions; and
WHEREAS , City Council has requested! staff to sr.nd this alternate member packets for the
Committee she will be serving on so that she can maintain an understanding of the current issues
and rules; and
WHEREAS, while an altcrrulle will not be able to vote al \be t:iectings. •he is nevertheless
requested to attend as many meetings as possible to ~'Cl , feel for th: n,cmbersHp and issues; and
WHEREAS, the Englewood City Council desires to appoint Mary bctgc:r as an alternate to
the Englewood Code Enforcement Advisory Committee; and
WHEREAS, Council wishes 10 express its gratitude for the voluntecnsm ond service that this
individual wishes 10 bestow upon the City;
NOW, THEREFORE, BE IT RESO LVED BY THE CITY COUNCIL OP THE CITY O F
ENGLEWOOD, COLORADO, THAT:
Section J. The Englewood City Council hereby appoints Mary Berger as alternate member of
the Code Eoforccmcnt Advisory Committee.
ADOPTED ANO APPROVED this 61h day of July. 2009.
ATTEST:
James K. Woodward, Mayor
Loucrishia A. Ellis, C11y Clerk
8 b
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RESOLUTION NO. SERLES OF 2009 A RESOLUTION REAPPOINTING ERIC BERTOLUZZI TO THE CUL TI.IRAL ARTS COMM ISSION FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Cultural Ans C!>mmission was established by the Englewood Chy Cooocil with lhe passage of Ordinance No. S, Series or I 996; and
WHEREAS, the purpose of the Cultuml Arts Commission is lo provide planning for the
development of cultural arts activities and to implement an Arts Plan; and
WHEREAS. Eric Bertoluzzi has served as a member oflhc Englewood Cultural Ms
Commission; and
WHEREAS, Eric Benoluzzi has offered lo serve and has applied for reappointment 10 lhc
Englewood Cultural Arts Commission; and
WHEREAS, Eric Bertoluzzi's term expired July I, 2009; and
WHEREAS, lhe Englewood City Council desires to reappoint Eric Bcrtoluzzi lo lhc
Englewood CullUl'tll Arts Commission for another term;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
~-Eric Bcnoluzzi is hereby reappointed to lhc Englewood Cullum Arts Commission.
Eric Bcrtoluzzi's term will be effective immediately and will expire July I, 2012.
ADOPTED AND APPROVED this 6th day of July, 2009.
ATTEST:
James K. Woodward, M3yor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, Ci ty Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No.____, Series of 2009 .
Loucrishia A. Ellis, City Clerk
8c
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RESOLUTION NO. SERIES OF 2009 A RESOLUTION APPOINTING BRIANNA CAREY AS A YOIJTH MEMBER TO lllE PUBLIC LIBRARY BOARD FOR 11lE CITY OF ENGLEWOOD. COLORADO. WHEREAS, the Englewood Public Libniry Board was es1ablishrd by lhe Englewood Home
Rule Chrutcr 10 develop and maintain D modem Lib111!)' System; and
WHEREAS, Brianna Carey has applied for appointmenl to lhe Englewood Public Library
Board; and
WHEREAS, the Englewood City CoWlCil applauds lhe volunleerism of tlus Englewood youlh
and desires lO appoinl Brianna Carey lo the Englewood Public Library Board; and
WHEREAS, Brianna Carey meeu lhe requirements set forlh by City Council for appointment
as youlh member to lhe Public Library Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, 1l!AT:
~-Brianna Carey is hereby appoinled as a youth member to Englewood Public
Ubrmy Board. Brianna Carey's term will be effective immedia1cly and will expire
July I, 2010.
ADOPTED AND APPROVED this 6lh day of July, 2009.
ATTEST:
James K.. Woodward, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for lhe Ci1y of Englewood, Colorado, hereby certify lhc
above is a true copy of Resolution No._, Series of 2009.
Loucrishia A. Ellis, City Clerk
8d
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RESOLITTION NO. SERIES OF 2009 I) RESOLITTION RECOMMENDING CHARLES CARTER FOR REAPPOINTMENT TO THE HOUSfNG AUTHORITY FOR THE CITY OF ENGLEWOOD. CO LORADO. WHEREAS, the Housing Au1hority has a commitment to provide housing to low and moderate income families withm the City of Englewood; and
WHEREAS, Charles Carter has scrved as a member of the Englewood Housing Authority; and
WHEREAS, Charles Carter has offered to serve and has applied for reappointment lo the
Englewood Housing Authonty for another term; and
WHEREAS, the Mayor desires to reappoint Charles Carter to the Englewood Housing
Authority for a term expiring July I, 2014; and
WHEREAS, the Englewood Ci ty Council suppons the Mayor's appointment and wishes to
express its gratitude for the volunteerism and service that this individual wishes lo bestow upon
the City;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
~. Charles Caner is hereby reappointed to the Housing Authority for the City of
Englewood, Colorado. Charles Caner's term will M effective immediately and will expire
July I, 2014.
ADOPTED AND APPROVED this 6th day of July, 200l.
ATTEST:
James K. Woodward, Mayor
Loucrishia A. Ellis, Cuy Cleric
I, l...oucrish,a A. Ellis, Coty Cleric for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. __ • Series of 2009.
Loucrishia A. Ellis. City Clerk
• RESOLL 'TION NO SERJES OF 2009 A R.ESOLl!flON APPOINTING TAMARA EMMA'IUEL AS AN ALTERNATE MEMBER TO TI IE CULTURAL ARTS COMMISSION FOR TIIE CITY OF ENGLEWOOD. COLORADO. WHEREAS. the Englewood Cuhural Ans Commission was established by the Englewood City Council with the passage of Ordinance No. 5. Series of 1996; and
WHEREAS. TlllTl3ra Emmanuel hu graciously offered 10 serve on the City of Englewood's
board$ and commissions; and
WHEREAS, currently there arc no vacancies on the boards and commissions: and
WHEREAS, the Englewood City Council desires lo appoint Tamara Emmanuel as an alternate
member to the Englewood Cultural Arts Commission; and
WHEREAS, City Council has requested staff 10 send this alternate member packets for the
Commission she will be serving on so that she can maintain an understanding of the current
issues and rules; and
WHEREAS, Council wishes to express its gratitude for the volunteerism and service that this
• individ1111l wishes 10 bestow upon the City;
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NOW, TIIER.EFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
~-The Englewood City Council hereby appoinlS Tamara Emmanuel as an alternate
member of the Englewood CUiturai Ans Commission.
ADOPTED AND APPROVED tlus 6th day of July, 2009.
ATTEST
James K. Woodward, Mayor
Loucrishia A. Ellis, Ci ty Cletk
I. Loucrishia A. Ellis, City Clerk for the City of Englewood. Colorado. hereby cer1 ify lhe
above ,s a lrUc copy <>f Resolution No. __ , Series of 2009 .
Loucrishin A. Ell is. City Clerk
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RESOLUTION NO SERfES OF 2009 A RESOLtrrlON REAPPOINTING JEANNETTE ESPINOZA TO THE ALLIANCE FOR COMMERCE IN ENGLEWOOD (ACE) FOR 1llE CITY OF ENGLEWOOD, COLORADO. WHEREAS , the Alliance For Commen:e In Englewood was estabUshed by lhe Englewood
City Council wilh the passage of Ordinance No. S, Series of 200 I; and
WHEREAS, lhe Alliance For Commen:e In Englewood advises the Englewood City Cowicil,
focusing on lhe crealion of an environment in which existing business can thrive and new
business can prosper; and
WHEREAS, Jeannette Espinoza is a current member of Alliance For Commerce In
Englewood; and
WHEREAS, Jeamctte Espinoza"s tenn expired July I, 2009; and
WHEREAS, Jeamcttc Espinoza bas offered lo serve and has applied for reappointment to the
Alliance For Commerce In Englewood; and
WHEREAS, the Englewood City Cowicil desires lo reappoint Jeannette Espinoza 10 the
Alliance for Commerce in Englewood;
NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COWRAOO. THAT:
~-Jeannette Espinoza is hereby reappointed 10 Alliance For Commerce in
Englewood. JC811Jlc:1te's term will be effective immediately and will expire July I, 2012.
ADOPTED AND APPROVED this 6th day of July, 2009.
ATTEST:
James K. Woodwanl, Mayor
Loucrishia A, Ellis, City Clerk
I, Loucrish,a A. Ellis, City Clerk for the City of Englewood, Colorado, hereby ccnify lhe
above is a true copy of Resolution No. __ , Series of 2009 .
Loucrishia A. Ellis, City Clerk
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RESOLUTION NO SERIES OF 2009 A RESOLUT ION REAPPOINTING TEALEE HfNGER TO THE CODE ENr-oRCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS. the Englewood Code Enforccmem Advisory Committee was established by 1hc Englewood Ci1y Council with the passage of Ordinance No. 71, Scnes of 1997: and
WHEREAS. the Code Enforcemen1 Advisory Committee 1s an advisory committee focused
on the ac1ivi1ies and services of code enforcemenl and regulalory processes of the neighborhood
services of the Department of Safety Services: and
WHEREAS, the Code Enforccmenl Advisory Committee makes recommcnda1ions to Ci1y
Council and 10 the City Manager or his designee for improvements relating 10 neighborhood
services in the Ci1y; and
WHEREAS, Teal cc Hinger has served as a member of the Englewood Code Enforccmcn1
Advisory Committee; and
WHEREAS, Tcalee Hinger's term expired on July I, 2009; and
WHEREAS, the Englewood City Council desires to reappoinl Tealec Hinger 10 another 1crm .
NOW, THEREFORE, BE rr RESOLVED BY TifE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO. THAT:
~-Tealcc Hinger is hereby reappointed to 1he Englewood Code Enforcemenl
Advisory Comminec. Tcalce Hinger's 1crm wiU be effeciive immediately with her lcrm 10 expire
July I. 201 I.
ADOPTED AND APPROVED this 61.h day of July, 2009 .
ArrEST:
James K. Woodward , Mayor
Loucriihia A. Ell is. Ci1y Clerk
I, Loucrishia A. Ellis , Ci1y Clerk for 1he Cily of Englewood, Colorado, hereby certify the
above is a we copy ofRcsolulion No. __ , Series of 2009 .
Loucrishi, A. Ell is, Ci1y C'lcrk
8h
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RESOLIITION NO. SERIES OF 2009 A RESOLUTION APPOINTING AMY JIRON TO THE URBAN RENEWAL AUTHORITY FOR 11tE CITY OF ENGLEWOOD. WHEREAS. the Englewood Urban Renewal Authority has the statutory authority to undenake projecis which it finds necessary for the physical development of municipal land use iocluding the improvement of areas within the City; and
WHEREAS, there is a vacancy In the Englewood Urban Renewal Authority; and
WHEREAS, Arny Jiron has applied to serve as a member of the Englewood Urban Renewal
Authority; and
WHEREAS, Amy Jiron was previously named as an alternate to the Englewood Urban
Renewal Authority; and
WHEREAS, the Mayor with the approval of the Englewood City Council desires to appoint
Amy Jiron to the Englewood Urban Renewal Authority;
~ow. nmREFORE, BE IT RESOLVED BY TIIE cm· COUNCll. OP 11IE CITY OP
ENGLEWOOD. COLORADO, THAT:
~-Amy Jiron is hereby appointed to the Englewood Urban Renewal Authority. Amy
Jiron's tc:nn will be effective immediately and will exp~ February I, 201 I.
ADOPTED AND APPROVED this t;• day of July, 2009.
James K. Woodward. Mayor
Loucrishia A. Ellis, City Clerk
l, Louerisllia A. Ellis, City Clerk for the City of Englewood. Colom do, hereby certify the
above is a true copy of Resolution No. __ , Series of 2009 .
Loucrishio A. Ellis, City Clerk
Bi
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RESOLUTION NO. SERIES OF 2009 A R ESOLUTJON APPOINTING KAREN KENNEY TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ClNGLEWOOD, COLORADO.
WHEREAS, IIK-Englewood Culnual Arts Commission wu established by lhc Englewood
City Council with the passage of Ordinance No. 5, Series of 1996: and
WHEREAS, the purpose of the Cultural Arts Commission is 10 provide planning for the
dC11elopmen1 of cultural arts activities and 10 implement an Arts Plan; and
WHEREAS, a vacancy exiSIS on lhc Englewood Cultural Ans Commission; and
WHEREAS, Kmn Kenney has graciously applied for appointment lo the Englewo.'<i Cultural
Arts Commission; and
WHEREAS, the Englewood City Council desires to appoint Karen Kenney to the Englewood
Cultural Arts Commission to fiU the vacancy expiring July!, 2010.
NOW, THEREFORE, BE IT RESOL YEO BY THE CITY COUNCIL OF TIIE CITY OF
EJllr -,-10, COLORADO, THAT:
, :11. Karen Kenney is hereby nppomlcd to the Cultural Arts Commission for the City of
Eng,t ->OJ, Color3do, which tenn will become effective immediately and will expire July I,
2010.
ADOPTED ANO APPROVED this 6th day of July, 2009.
ATTEST:
James K Woodward, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby cenify the
above is a true copy of Resolution No. __ • Series of 2009.
Loucrishia A. Ellis, City Clerk
8j
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RESOLUTION NO. SERI ES OF 2009 A RESOLUTION R.EAPPOINllNG CHRJSTINA KRUK AS A YOUTH MEMBER OF THE PARKS AND RECREATION COMMJSSION FOR THE CITY OF ENGLEWOOD, COI.ORADO.
WHEREAS, the Englewood Parks and Recreation Commission was established 10 advise City
Council in all mauers pertaining 10 =rca1ion; and
WHEREAS, Chris1ina Kruk is a current member of the Englewood Pans and Rccrca1ion
Commission; and
WHEREAS, Christina Kruk's currem 1crm expired July I, 2009; and
WHEREAS, Chrislin• Kruk has offered 10 serve 811d has applied for rcappoinuncnl to lhe
Englewood Parks and Recreation Commission; and
WHEREAS, the Englewood City Cowici l applauds the volunleerism of this Englewood youlh
and desires to reappoinl Chrislina Kruk to lhe Englewood Parks and Recreation Commission;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil.. OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
~-Christina Kruk is hereby rcappoinled as• )IOUlh member 10 lhe Parlcs and
Recreation Commission. Christina Kruk's term will be effective immediately and will expire
July I, 2010.
ADOPTED AND APPROVED this 6th day of July, 2009.
ATTEST:
James K. Woodward, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishio A. Ellis, City Clerk ror lhc City of Englewood, Colorado, hereby certify lhc
nbovc is o 1ruc copy o(Rcsolu 1ion No._. Series of 2009 .
Loucrishia A. Ellis, Cily Clerk
8k
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RES LUTl O 0 . SERIES OF 2009 RESOL UTIO ''lEAPPOINTING JA ET MOORE TO THE CULTURAL ARTS COMMISSIO ~ ,R THE CITY OF ENGLEWOOD , COLORADO. WHEREAS , the Englewood Cultural Arts Commission was established by thr Englewood C11y C011ncil with 1hc passage ofOnlinance o. S, Series of 1996; and
WHEREAS , lhe pwposc of lhe Cultwal Ans Commission is 10 provide planning for lhe
development of cultural arts activities and 10 implement an Ans Plan; and
WHEREAS, Janet Moore has served as a member of the Englewood Cuhural Arts
Commission; and
WHEREAS , Janet Moore 's term expired July I, 2009; and
WHEREAS, Janet Moore has offered lo serve and has applied for reappointment 10 the
Englewood Cu ltural Ans Commission; and
WHEREAS, lhe Englewood City Cowicil desires lo reappoint Janet Moore 10 lhe Englewood
Cultural Arts Commission for anolher tcnn ;
NOW, THEREFORE, BE IT RESOLVED BY TilE CITY COUNCU. OF THE CITY OF
ENGLEWOOD, COLORADO , THAT :
~-Janet Moore is hereby reappointed to the Englewood Cul1uraJ Arts Commissi on.
Janet Moore's term will be clTcctive immediately and will expire July I, 2012 .
ADOPTED AND APPROVED this 6th day of July, 2009 .
ATTEST :
James K. Woodwatd, Ma)'(lr
Loucrishie A. Elli s, Cily Clerk
I, Loucrishia A. Ellis, City Clerk for lhe Cily of Englewood, Colorado , hereby certify 1he
above is a true copy of Resolution No . __ , Series of 2009 .
Loucrishia A. Ellis , City Clerk
I I
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RESOLUTION NO. SERIES OF 2009 A RESOLUTION REAPPOINTING MARTY MOSMAN TO THE CODE ENFORCEMEITT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS. the Englewood Code Enforcement Advisory Commiucc was established by the Engl«<·ood City Council with the passage orordinance No. 71, Series or 1997; and
WHRREAS, the Code Enforcement Advisory Commi11cc is an advisory commiuee focused
on the activities and services of code enforcement and regulatory processes of the neighborhood
services of the Department or Safety Services; and
WHEREAS, the Code Enforcement Advisory Committee makes recommendations to City
Council and to the City Manager or his designee for ilnprovements relatmg to neighborhood
services in the City; and
WHEREAS, Marty Mosman bas served as a member of the Englewood Code Enforcement
Advisory Committee; and
WHEREAS, Marty Mosman's tenn expired July I, 2009; and
WHEREAS, the Englewood City Council desires 10 reappoint Many Mosman to 8110lher term.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, rnA T:
~-Marty Mosman is hereby reappointed to the Englewood Code Enforcement
Advisory Commillee. Many Mosman 's tcrni will be effective immediately with her tenn to
expire July I, 201 I.
ADOPTED AND APPROVED this 6th day of July, 2009.
ATTEST:
James K. Woodward, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clcd:: for the City of Englewood, CoJ-,rado, hereby certify the
above is a true copy of Resolution No. _. Series of 2009 .
Loucrishin A. Ell is, City Clerk
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RESOLUTION NO. SERIES Of 2009 A RESOLUTION RECOMMENDING DIANE OSTMEYER FOR APPOrNTMENT AS AN AL TERM TE MEMBER TO THE HOUSrNG AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Housing Authority has a commitment to provide housing to low and moderate income families within the City of Englewood; and
WHEREAS, Diane Ostmcyer bas graciously off ercd to serve on !he City of Englewood· s
boards and commissions; and
WHEREAS, cum:ntly there arc no vacancies oo the boards and commissions; and
WHEREAS, the Mayor desires to appoint Diane Ostmcycr to the Englewood Housing
Authority for the City of Englewood, Colorado, as an alternate member; and
WHEREAS, the Englewood City Council supports the Mayor's appointment,
WHEREAS, City Council has requested staff to send this alternate member packets for the
Authority she will be serving on so that she can maintain an understanding of the current issues
and rules; and
WHEREAS, while an alternate will not be able to vote al the meeting$, she is nevertheless
reqUCSled to aneod as many meetings as possible to get a feel for the membership and issues; and
WHEREAS, Council wishes to express its gratitude for the voluntecrism and service that this
individual wishes to beslow upon the City;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
~-Diane Osuneyer is hereby appointed to the Englewood Housing Authority for the
City of Engl ewood, Colorado, ns nn alternate member.
ADOPTED AND APPROVED this 6th day of July, 2009.
ATTEST:
James K. Woodwanl, Mayor
l..oucrishia A. Ellis, City Clerk
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RESOLUTIOt-: NO. SERIES OF2009 A RESOLUTION APPOINTING DIANE OSTMEYER TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY or ENGLEWOOD, COLORADO. WHEREAS, the Englewood Liquor Licensing Authority has been created and has all powers of the local licensing authority as set forth by the State of Colorado to grant or refuse licenses for
the s.ale at retail of mal~ vinous or spiriruous liquors and fenneotcd mah beverages, to conduct
investigations as required by law, and 10 suspend or revoke such licenses for cause in the manner
provided by law; and
WHEREAS, Dianc 0suneycr desires to serve the City and bas applied for appollllmellt to the
Englewood Liquor Licensing Authority; and
WHEREAS, there is a vacancy on the Englewood Liquor Licensing Authority; and
WHEREAS, the Englewood City Council desires to appoint Diane Ostrneycr to the
Englewood Liquor Licensing Authority;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OP THE CITY OF
ENGLEWOOD, COLORADO, Tl-IA T:
~-Diane Ostmcycr is hereby appointed to the Englewood Liquor Licensing
Authority. Diane Ostmcyer's term will be effective immediately with her term to exp:rc July I.
2012.
ADOPTED AND APPROVED this 6th day of July, 2009.
ATTEST:
James K. Woodward, Mayor
Loucrishia A. Ellis, City Clerk
I, Lcucnshia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby cerufy the
above is a true copy of Rcsolution No. __ • Series of 2009.
Loucrishia A. Ellis, City Clerk
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RESOLUTION NO. SERIES OF 2009 A RF.SOLUTION REAPPOINTING CAROLYNE WlLMOTII TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD. COLORADO. WHEREAS, th< Englewood Liquor Licensing Authority haJ been crca1ed and has all powers of the local licensing authority as set forth by the Staie of Colorado to grant or -efuse licenses for
the sale at retail of malt, vinous or spirituous liquors and fermenied malt beverages, to conduct
investigations as required by Jaw, and to suspend or revoke such licenses for cause in the 111J1nner
provided by law; and
WHEREAS, Carolyne Wilmolh is a current member of the Englewood Liquor Licensing
Authori1y; and
WHEREAS, Carolyne Wilmoth 's CUJTC111 term expired July I, 2009; and
WHEREAS, Carolyne Wilmoth has offered to serve and haJ applied for reappointment 10 the
Englewood Liquor Licensing Authority; and
WHEREAS, the Englewood City Council desires to reappoint Carolyne Wilmoth to the
Englewood Liquor Licensing Authority;
NOW, THERF.FORE, BE IT RESOLVED BY THE CITY COUNCll. OF THE CITY OF
ENGLEWOOD. COLORADO, THAT:
~-Carolyne Wilmoth is hereby reappoin1ed to the Englewood Liquor Licensing
Au1hori1y. Carolyne Wilmoth's 1erm will be effective irnmedia1ely and will expire July I, 2012 .
ADOPTED AND APPROVED this 6• day of July, 2009.
ATTEST·
James K. Woodward, Mayor
Louerishia A. Ellis, City Clef•
I, Loucrishia A. Ellis, City Clcrii: for the City of Englewood, Colorado, hereby certify the
above is a INC copy of Resolution No._, Series of 2009 .
Loucrishio A. Ellis, Ci1y Clerk
8p
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RESOLlITION NO SERIES OF 2009 A RESOLlITION Rf!J\PrQINTJNG JILL WILSON TO 11lE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood Code Enfon:emcnl Ad,•isory Commlllee wns established by the Englewood City Council with the passage of Ordinance No. 71, Series of I 997; and
WHEREAS. the Code Enfon:emcnl Advisory Committee is an advisory committee focused
on the actiV1ties and services of code cnfon:emcn1 and regulatory processes of the neighborhood
services of the Department of Safety Services; and
WHEREAS, the Code Enfon:emcnl Advisory Committee mal:es recommendations 10 City
Cowicil and 10 the City Manager or his dcsigncc for improvements relating to neighborhood
services in the City; and
WHER£6,S, Jill Wilson bas served as a member of the Englewood Code Enforcement
Advisory Committee; and
WHEREAS, Jill Wilson's term expired July I. 2009; and
WHEREAS, the Englewood City Council desires 10 reappoint Jill Wilson 10 another term .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
~-Jill Wilson is hereby reappointed to the Englewood Code Enfon:ement Advisory
Commillcc. Jill Wilson's term will be effective immediately with her tcnn 10 expire July I. 201 I.
ADOPTED AND APPROVED Ibis 6th day of July, 2009.
A1TEST:
James K. Woodward, Mayor
Loucrishin A Ellis, City Clm
I, Loucrishia A. Ellis. City Clerk for the City of Englewood. Colorado, hereby certify the
nbove is a 1ruecopyofResolu1ion No._. Series of2009 .
Loucnshia A. Ellis, City Clerk
8q
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ORDINANCE NO SERlES OF 2009 BY AUTII ORITY A BILL FOR COUNCIL BILL NO. 29 INTRODUCED BY COUNCIL MEMBER ____ _
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN Tiffi BOARD OF COMMISSIONERS OF ARAPAHOE COUNTY,
COLORADO, BY AND THROUGH THE ARAI' AHOE COUNTY CLERK AND
RECORDER, AND THE CITY OF ENGLEWOOD, COLORADO, TO CONDUCT A
COORDINATED ELECTION ON NOVEM 3ER 3, 2009.
WHEREAS, pursuant to the Unifonn Election Code of 1992 (Articles I to 13 of Title
I, C.R.S.) as amended, governmental entities are encouraged to cooperate and
consolidate elections in order to reduce taxpayer expenses; and
WHEREAS, the City of Englewood has participated with Arapahoe County in
conducting coordinated elections since 1993; and
WHEREAS, Arapahoe County and the City of Englewood have detcnnined that it 1s
in the best interest of the taxpayers and the electors to conduct a Coord inated Election on
November 3, 2009; and
WHEREAS, Arapahoe County and the City of Englewood desire to set forth their
respective responsibilities for the Coordinated Election pursuant 10 the
lntergovcmmcntal Agreement..
NOW, TIIEREFORE, BE rr ORDAINED BY THE CITY COUNCTL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
~ The Intergovernmental Agreement for Coordinated Election is attached
hereto as "Exhibit A", The Intergovernmental Agreement for Coordinated Election is
hereby accepted and approved by the Englewood City Council .
-1-
~ The Mayor and Ci1y Clc:rlt are au1honzell 10 sign and anes1 <:ud A~nl for and on behalf oflhe C11y of Englewood. ln1roduccd. read m run, and passed on first reading on the 6• day of Jul y. 2009 Published as a 8111 for an Ordinance in the City's Official Newspaper on the 10th day of
July, 2009.
Published as n Bill for an Ordinance on lhc City's Official website bcgiMmg on 1he
s• day of July, 2009 for thiny (30) cbys.
James K. Woodward, Mayor
ATI'EST:
Loucrishfo A. Ellis, Cily Clerk
I, Loucrishia A. Ellis, Chy Clerk. of the Cily of Englewood, Colorado, hereby certify
1ha1 the above and foregoing is a 1rue copy of a Bill for an Ordinance, introduced, read in
full, and passed on firs1 reading on lhe 6* day of July, 2009.
Loucrislua A. Elhs
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INTERGOVERNMENTAL AGREEMENT FOR COOROINATEO ELECTION ARAPAHOE COUNTY NOVEMBER 3, 2009 (Election) Th,s lnlergovemmental Agreement is entered Into by and between the Board of County Commissioners of the Coun ty of Arapahoe , State of Colorado and the Arapahoe County Clerk an d Recorder (hereinafter jo,ntly referred to as the "County") and the -----,--cc'C""i,._ry._,,p,,_f~Er.iOiii,..l,.,ow..,o,.o,,.d___..,,.,--cc--,-,-,-----,-,.--------(hereinafter
referred to as lhe "Po llllcal Subdivision" and/or "jurisdiction").
WHEREAS , pursuant to the Uniform Election Code of 1992, (Articles 1 lo 13 of Title 1
C.R.S.) as amended, governmenlal enlities are encouraged to cooperate and consolidale elecllor
In order to reduce taxpaye r expenses; and
WHEREAS, the County ,md the Political Subdivision have determined that It Is m the ,;Ast
Interest of the taxpayers and the electors to conduct a Coordinated Election on November 3, 200:l;
and
WHEREAS, the County and the Political Subdivision desire to set forth their respective
responsibilit ies for the Coordinated Election pursuant lo this Intergovernmental Agreement.
NOW, TH ERE FC~E. IT IS AGREED by !he County and the PolitJcal Subdivision as follows:
1. The November 3, 2009 election shall be conducted as a Coordinated Election In accordance
with the Uniform Election Code of 1992 (Articles 1-13 or ntte 1, C.R.$.), The election
participants shall be required to execute agreements w,th Arapahoe County for this purpose
and may Include municipalities , schoo l distri cts and special districts with in the Arapahoe
County limits and the State of Cotn·ado ,
2. The November 3, 2009 election sh.ill be conducted by the County as a mail ballot election.
3 The Arapahoe County Clerk and Recorder shall be designated as the Cuordinated EJecllOll
Official and the Political Subdivision hereby ide,itifies Lourrishia A. Ellis, City Clerk
as Its Designated Election Ofnclal.
4 Thn County shall pertonn the following tasks'in relation to said election, to wit
a .
b.
c,
d .
e.
Negotiate an agreement for the printing ol the official ballots.
Provide a copy of the baflot layout and the text of lhe olf1e1al ballot to lhe designated
election officio! for proofreading before authorization to begin printing of all bnllots.
Certify the complete number of registered electors within the Arapahoe Co, ,nty port,on or
the Pohtical Subdivision no later than October 14, 2009.
Provide a copy or th e poli tical subd ivisions' legal boundaries as 'efined In the
Arapahoe County Street list Locator no later than July ~O. 20
Provide support on the date ol the election by telephone and on
arise, until coun ting or the ba llots Is completed .
.on, should the need
Provide unolfocial resulls of the elect10n on elecuon night by telephone or by faCS1mile
transmittal upon request.
A
g. Maintain a list of aclual voters from the November 3, 2009 e ltiction, and upon request, generate a printed hst of the persons who voted following the election . The cost will be • $.005 (112 cen'.) i,er name . h. Store all vo!ed ballot~ fo · a minimum of 25 months, ,ind all other mate ri als requ ired by law (8ec'ion 1-7-802, C.R.S .) to be saved , in such a manner that they may be accessed by the participating jurisdiction , if necessary, 'o resolve any challenge or other legal questions that m,ght arise regarding the election. Kee a careful and accu,.;,e accounting of time, supp lies, printing costs and sala ries attributable lo the County's administration of the election for the jurisdiction . The participating jurisdictio n's proportional share of actual costs shall be based on County
expenditures relative to the November 3, 2009 election.
j. Appoint, compensate, ins truct and oversee the board of canvassers .
k. Appo in t, compensate , instruct and oversee the judges of the election.
Pub li sh and post the requ :red lega l notice pursuant to C.R.S. 1-5-205 that is published no
later than 20 days prior to the election for the jurisdiction's ballot issues, ballot questions
and/or candidates .
m. Prior to tabula tion of vo ted ballots , provide the participating juri ~ :J lction test ballots of the
jurisdiction's ballot style(s) to allow for testing of electronic vote-counting equipmenL
,A,---.&=IIOFGe·~-{;;affij)Bi!JA-P~ioe-M-{AfliGle-46-e~.:i:ille-1-,-.C,R,g,.}-~~-Falales-to-.\Ae
N-.ml>ef¾,-i!0()9,eleel~
o. Pro·1:de and operate the County's electronic vote-cou nti ng equipment. There wil l be no
charge for the pre-election preventative ma in tenance on the electronic vote-counting
equipment for this election cycle.
5. The Politica l Subdivision shall perform the following tasks in relalion lo said election , to wil:
a . Certify lhe candidates , if applicable, and the li st of ballol issues and/or ballo l questions on a
diskette or by email (with receipt confirmed by the County Eleclion Department) in Microsoft
Word format along with a paper copy no laler than 4:00 p.m . on Seplember 4, 2009 . The
ballol conlenl must be certified in the order in which ii will appear on the ballot. The
cerl ified list of candidates. ballot Issues and/or ballo t gueslions shall be final and lh'3
County will not be respo~sible for making any changes after lhe certification.
b . Wilhin one day of receipt, proofread the layout and the text of lhe jurisdiction's portio n of
lhe official ballots bofore authorizing th e prinling or all ba il o ls.
c . Pub lish and post any req uired legal notices for the jurisdiction's candidates, oallot issues
and/or ballot questions , olher than the notice required by C.R.S . 1-5-205 that is published no
:ater than 10 days prior to the eleclion . A copy of such publ is hed leral notice shall be
submitted lo the Counly for Its reco rds .
c'. Prepare, hand-count and deliver to the County Clerk , lhe requ ired test deck of ballots for
lesling lhe electronic vole counling equlpmeni. Participation in logic and accuracy lest,
dale to be delermined.
e . Remit payment directly to Arapahoe County within 60 days of billing for its pro rated share
of ALL COSTS re lating to the printing and mailing of ballo ts and all other elect ion expenses
described In Section 4.
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r. Comply wi th the provisions of the Un iform Election Code of 1992 (Articles 1-13 of Tille 1, •
C.R .S .), and the time gui delines schedule as att ac hed hereto as these rela te to the
November 3, 2009 election. The Political Subd ivif ~ shall notify the County of any
exception no laler than 29 days prior to lhe election .
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g The Political Subd1v1S1on sha ll defend and resolve at its sole expense all challenges r elative to the candidates. ballot issues and/or ballot questions as certified to the Counly for Inclusion in the November 3, 2009 Coordinated Election . h Submit to the County a map identifying the participating jurisd1clion·s boundaries no later than July 24, 2009 . I. Certify to the County, no later lhan August 20, 2009, the political subdivisions· legal boundaries from the Street List Locator provided lo the political suhdlvislon on July 30, 2009. j:--0btelfl-ei,d~lvef-a-~-oopy-ef-the-'Pf'OPerly-owners'-listfel'"\M-f'olHic9+ &Jbdl\'ision: {if-deemed-~bfe);-ihathas-been-reviewed-a~· -thewlern,gl$htlon-rocofds1n1he effice-of-the-A~eoonty-el\rlimd"Recorde
k. Dellver all requests for absentee ballots to the ounty for processing. Such requests shall
be delivered or faxed ~ to the Arapahoe County Clerk and Recorder's office.
6 . The Political Subdivision avers that it has sufficient funds available In Its approved budget to
pay its prorated election expensP~ for the November 3, 2009 Coordinated Election.
7. Unless otherwise agreed In writing, this Intergovernmental Agreement end the interpretation
thereof shall be governed by the laws of the Stale of Colorado.
8. Should any provision of this lntergovern1 , ~ntal Agreement be determined by a court of
competent jurisdiction lo be unconstitutional or otherwise null and void, it Is the intent of the
parties hereto that the rema ining provisions of tt-,5 Intergovernmental Agreement shall be of
full force and effecl
9. Notices to be provided under this Intergovernmental Agreement shall be given In writing either
by hand delivery or deposit In the United States mail, certified mail, return receipt requested,
with sufflClent postage, to the following persons:
Nancy A. Doty
Arapahoe County Clerk and Recorder
5334 South Prince SL
OEO Name: Loucrishfa A, Ellis
Title: City Clerk
Address: 1000 !Inglewood Parkvay
Llltlelon, Colorado 80166-0211 City, St, Zip: Englewood , CO 80110
10 This Intergovernmental Agreement may not be modified, amended or otherwise altered unless
mutually agreed upon 1n writing by the pa rties hereto.
ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS
Susan Beckman, Chair Date
Nancy A. Doty, Coordinated Eloctlon Official i:Jate
JURISDICTION NAME:. _ __;C:..:I .c.TY:......:;.O:..F ..:BN::;.G;:.;L:..:E;;.;.WOOc..:..:D ________ _
By James K. Woodward Date
TIiie Mayor
ATTEST: -----------------------------Louc r ishia A, Ellis, Designated Election Official Date
2009 Arapa hoe Co unt y Coordinat ed El ection l>ales fo r C ities • Date Event Reference July 24 Last day 10 11011 fy the county clerk of 1-7-ll6(5); 1-1-106(5): 101cm lo pan1cipate 10 coorcli nated !GA el~-clion; suhmit map of legal boundaries. July 30 County clerl. provides a copy oflhe IGA agreement
leual boundnries lo POiiticai subdivisions
August 20 Certify legal boundaries lo county based IGA
on infc:ma1ion orovidcd on Julv 30
Aul!USt25 Las! dav to sign IGA 1-7-116(2)
Scptem~er 4 Poh1ical subdivisions certify ballot 1-5-203(1 ), IGA agreement
4:00 p .m. conlcnl
September _ 8 Last day 10 file pro/con comments on 1-7-901(4)
local ballot issues with designated
election official
September 22 Political subdivision provide exa..:t text. !GA
and other information for ballot
issues/questions to county clerk
October 5 Last da\ ,o rel!ister to vote 1-2-201(3)
October 9-16 Mail ballot pockets scn1 l-7.5-l07(3)(c) i
1-1-106(5) • October 14 County provides political subdivision IGA ; I-S-303(1), (2); 1-5·
with final number of reg1s1ercd electors 304(1), (2); l-7.5 -107(2)(bl
{DateTBD) Public test
November 3 Election Dav -
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cou•,Cll COMMUNICATION Dale: Agenda Item: Subject: lulv 6, 2009 9 a I Intergovernmental Agreement with Arapahoe County for Coordinated Election Services Initiated By: Staff Source:
Elecllon Commission/ Frank Gryglewicz, Director of Finance and Administralive Services
Oty derk's Office loucrishia A. Ellis, City Clerk/Election Commission Memi,u
COUNCIL GOAL AN L "REVIOUS COUNCIL ACTION
The City of Englewood has participated with Arapahoe County In conducting coordinated elections
for every Ory of Englewood General Municipal Election since 1993.
RECOM ME NDED ACTION
Staff recommends City Council adopt a bill for an ordinance approving an intergovernmenta l
agreement between the Ory of Englewood and Arapahoe County for the November 3, 2009
Coordinated Mall Ballot Election .
Because of Stale Legislation and the Taxpayer's Bill of Rights (TABOR) amendment approved by the
voters In 1992, coordinated elections are to be conducted throughout the State by County Clerks.
Arapahoe County has advised the City of Englewood it will be conducting a Mail Ballot Election on
November 3, 2009. The County has the capability of coordinating this election and Including the
City of Englewood.
The Electi on Commission agre es that It is In th e best Interest of the electors of Englewood to
conduct future elections jointly with the other political entities within the County. In order to
participate in the 2009 Coordinated Election, the City of Englewood must enter into an
intergovernmental agreement with Arapahoe County.
Staff has reviewed the proposed in tergovernmenta l agrrement and concu rs with the Commission's
recommendation.
FINANCIAL IMPACT
Since costs are based on several variables, e.g. the number of registered electors In d,e City of
Englewood at thr. lime of Il1e electlcm, the number of ballot questions, the number of entities
participating in the election, the flnancla: :pact is only aI1 est imate. Based on th e known facts, th e
cost of the 2009 munklpal elt:etion has be"n budgeted at $25,000.
LIST OF ATTACHMENTS
• Proposed Bill fo r an Ordinance
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ORDINANCE NO. SERIES OF 2009 BY AUTIIORITY COUNCIL DILL NO. 24 INTRODUCED DY COUNCIL MEMBER WILSON AN ORDINANCE AlITHORlZING ACCEPTANCE OF A GRANT FROM THE STATE OF COLORADO, ECONOMIC DEVELOPMENT COMMISSION FOR MARKETING AND
ADMINISTRATIVE SUPPORT IN THE ENTERPRISE ZONE.
WHEREAS, in 1990 the City of Englewood applied to the Colorado Depanmem of Local
AlTair1 and was granted. Enterprise Zone status for a majority of the industrially nnd
commerc,ally zoned property in the City of Englewood; and
WHEREAS. the State Economic Development Commission has R competitive grnnt program
for marketing nnd administrative suppon of Enterprise Zones; and
WHEREAS, the Enterprise Zo~e is used in the City to initiate business retention and
community marketing activities; and
WHEREAS, the Enterprise Zone Marketing Grant cocouragcs busi.11CSses to lake advantage of
Enterprise Zone tax c~its, and highlights, the Englewood business community; and
WflEREAS, the Colorado Stale Economic Dc\'clopmenl Commission requires that the City
provide matching funds to meet Grant requirements; and
WHEREAS, the Grant and related Agreement between the State of Colorado Ecooomic
Development Commission and the C11y of Englewood pledges $12,500.00 in local matching
funds 10 meet this obligation; and
WHEREAS, matching fwids have been allocated in Community De\'elopment's budge1; and
WHEREAS, this Grant and the matching funds will be used for a variety of Enterprise Zone
marketing and administrative activitic. in the City of Englewood;
NOW, lllEREFORE, DE IT ORDAINED BY 1llE CITY COUNCIL Of Tl IE CITY OF
ENGLEWOOD. COLORADO. AS FOLLOWS:
~ The Agreement between the State of Colorado, Economic Devel~pmcnl
Commission. nnd thr ('ity of Englewood for a Grant of SI 2,500.00 to be used for Enterprise
Zone Marke1mg and Administrative achvities, a copy of which is attached hereto as Exhibit I. is
hereby accepted .
9 b I
Section 2. 171c Mnyor nnd City Clerk arc authorized to sign and nllcsl snid Agreement for ond on behalf of the Ci1y of Englewood. Introduced. read m full, and passed on first reading on the 15th day of June, 2009. Publ i~hed as I B,11 for an Ordinance ,n the Cny's official newspaper on the 19th day of June, 2009. Published os o Bill for an Ordinance on the C11y's official wcbsile bcgmnin~ on the 17th day of
June, 2009 for thiny (30) days.
Read by title and passed on final reading on the 6th day of July, 2009.
Published by tilic ,n the City's official newspaper as Ordinance No._, Scncs of 2009, on
the 10th day of July, 2009.
James K. Woodward, Mayor
ATTEST:
Loucrishia A. Ellis, Ci1y Clerk
I, Loucrishin A. Ellis. Ci1y Clerk of the City of Englewood, Colorado, hereby ccnify 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.
Loucrishio A. Ellis
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, __ STATE OF COLORADO l\gcncy EOA Rouuna II OOOl~ h IS6 Approp 901 0'1! 9020 Enoumbmn« # [9EDC779 OFF ICE OF ECO 'OMI C DEV ELOPMEN T AND f NTERNAllUNAL TRADE GRANT AGREEMENT Enter jJrise Zone ;,1arkctin g r.rant Agr ee ment with th e Ci ty of Engl ewood
TA BLE OF CONTENTS
I. PARTIES ............................................................................................................................................................................ I
2. EFFRCI:•·• 1,, 1 r AND NOTICE OF NONLIABILITY ................................................................................................. I
3.RECl1Al..:i .... . ................................................................................................................................... 1
4. DEl1NITIONS ................................................................................... -............................................................................ 2
S. TERM ANO EARLY TERM INATION ..... _ .. _ ......... -.... -... -..... -----...................................... _ .. _ 3
6. STATEMENT OF WORK ...................... ____ ....... ·-··· .......................... -..... _____ •. _ ....... l
7. PAYMENTS TO GRANTEE .......................................................................................................................................... l
8. REPORTING AND NOTIFICATION .............................................................................................................................. 4
9. GRANTEE RECORDS ........................................................................................................................................................ 4
I 0. CONFIDENTIAL INfORMA TION AND STA TE RECORDS ...................................................................................... S
11 . CONFLICT OF INTEREST ............................................................................................................................................ 6
12. REPRESE)i"!'~TTONS AND WAllRANTI.ES -...................... -...... _ ............................................................................ 6
13. INSURANCE-.. -................................. -........ -........................ -........... -.............................. _____ 6
14. BREACH ............................................... -......... _ ......... _ ...... _ ....................... -..................... _ ... _ .. _ .............. 7
IS . REMEDIES .............................................................. -...................................................................................................... 8
16. NOTICES AND REPRESENTATIVES ......... . .............................................................................................................. 9
17. RJOHTS IN DATA. DOCUMENTS. AND COMPUTER SOFTWARE ........................................................................ 10
18. GOVERNMENTAL IMMUNITY ................................................................................................................................. 10
l 9.STATEWIDEORANTMANAGEMENT S,STEM .................................................................................................... 10
20. GENERAL PROVISIONS .......................... -............. -............. ·----· ............... -.................................... II
21 COLORADO SPECIAL PROVISIONS ......................... -··------•--·· .... -................... -. _ ... 13
22. SlONAl\JRE PAGE ............................................................ ___ ..................................................................... IS
23. EXHIBIT A -STATEMENT OF WORK ......................................................................................................................... l
I. PARTIES
nns GRANT AGREEMENT (hereioafler called "Agrccmen, .. ) is entered into by and between City or
Englewood, Commuoity Development, l 000 Eoglewood PMkway, Englewood, CO 80110 (hen:maftcr called
liGmitce"), and the ST A TE OF COLORADO acting by and 1hrougb lhe Colorado Office or Economic
Development and lntemationol Trade, Colorado Economic Development Commission, 1625 Broadway, Suite
2700, Denver, CO 80202 (hereinafter called the "State" or "OEDIT').
2. EFFECT IVE DATE AND NOT ICE O.F NONUA UILITY
This Agreement shall oot be effccrive or enforceable until it is approved ond signed by the Colorado State
Controller or !heir dcsignce (hereinafter called lhe "Effective Date·'). The State shall not be liable 10 pay or
n:imbursc Grantee for any pcrfonnancc hcn:undcr, including, but 001 limitcd 10 costs or exvcnscs incurred, or be
bound by any provision hcn:or prior 10 lhe Effective Date.
3. RECITALS
A. Authority , Appropriation, nnd Approval
CRS §24-46-10 1 through 24-46-105 establishes the Colorado Ecr ,1omic Development Fund (hereinafter
called "CEDF''), and is to be administered by the Colorado Office or Economic Development and
International Trade. Aulhont· exists in !he law and funds have been budgcted, appropria ted and
Pa,, I or IS
1
otherwise made available and a sufficient unencumbered balance thereof remains nl'n ilablc for cncumbcrmg and subsequent payment of this AgreemcnL Required apprO\-al. clcmncc and coordmauon have been accomplished from and w11h appropnatc agencies. B. Consideratlo n The Parties acknowledge that the mu1ual promises and covenants contained herein and other good and valuable consideration arc sufficient and adequate to support this Grant C. Purpose The State desires to promote economic developme nt in Colorado by assisting local communities in expanding lbeir economic base. Grant fuods will support marke11ng the local area in the Enterprise Zone. D. References
Al\ refe rences in this Grant to sec tions (whether spelled out or using the § symbol), subsec tions, exhibits
or other attachments, arc references to sections, subsections, exhibits or olher ,nachments contained
herein or incorporated as a part hereof, unless Otherwise noted.
4. DE l'l.NITI ONS
The following terms as used herein shall be construed and interpreted as fol\ows:
A. Budget
"Budget" means the budget fo r the Work described in Exhibit A.
B. Evalu ation
"Evaluation" means the process of examining Grantee's Worx and rating it based oo criteria established
in §6 and Exhibit A.
C. CEOC
"CEDC" means the Colorado Economic Development Commission who made this Grant available.
D . Elhlblts
The following exhibit is anachcd hereto and incorpo rated by re ference here in: Exhibit A (Statement of
Work).
E. Goo ds
"Ooods" means tangible ma terial acquired , produced, or dchvercd by Grantee ei ther scporatcly or in
conjunction wi th th e Services Orant~e renders hereunder.
F. Crant or Acreement
"Grant" or• Agre:ment" means this Grant, its terms and conditions, a!Ulched exhibits, docume nts
incorporated by reference under the terms of this Gran t, and any future modifying agreements, exhibits,
auachrients or refercnces incorporated herein pursuant to Colorado State Law, Fiscal Rules, and State
Contrc lcr Polici~
G. C ron . F nds or CEDF
"Grant uods" or "CEDF" means funds available for distribut ion by the CEOC from the Colorado
Economic Dcve1opmcnt Fund payable by the State to Grantee pw1uant to this Grant
H. Party or Partier
"Party" or "Pnrtie;" me•~,s one or all of the State, OED IT, the Colorado Economic Development
Commission, and Grantee, its agents, employees. Sub-grantees aod/ot' assigns.
I . Review
"Review" means examining Grant ee's Work to ensure that it is adequa te, accura te, correct and in
accordDJlee with the criteria cstabhshed in §6 and E~hlblt A.
J. Services
"Services" means the required services to bo performed by Gra ntee pursuant to th is Grant.
K. Sub-grantee
"Sub-grantee" mean.i third -parties, 1 f any, engaged by Grantee to aid 1n penonnancc of its obligations.
L Work or Project
"Work" or "Projec t" means the tasks and activi tie, Grantee is required 10 perform to fulfill its obligations
under this Grant and Exhibit A, including the perfonnancc of the Services aod delivery of the Goods.
111. Work P roduc t
Page 2 of 15
• "\\'on-Produc t" mean, the tong1blc or intangible results of Grantee 's Work. mcludmg, but not hmned to, software, re search, reports, studies, data, photographs, negauvcs or othe r finished or unfinished documents, drawings, model s, surveys. maps, materials, or work produ.t of any rypc. 5. TERM <\.'iD EARLY TERMINATION. A. lntial Term and Work Commencement The Parucs respective performance urder thi s Agreemem shall commence on the Effee11vc Date Th is Grant shall terminate on December 31 2009 unless sooner terminated or further extended as specified elsewh•rc herein. 8. Stat e's Option to Extend The~-··,· may require conhnucd performance for a period of3 months ot the same rates and same terms
s,-e~;<--~ •n the Grant. The total duration of this Grant, mcludiog the exercise of nny options under thts
clause, .~• II not exceed I year and 3 months.
6.SrATl:\1ENTOF WORK
A. Co mpletlo1,
Grantee <!0111 eomplcte the Work and its other obligations as describe~ herein and in Exhibit A on or
before r:• ·,mbcr 31, 2009. The State shall not be liable to compensate Grantee for any Work performed
prior~ 111· Effective Date or after the termination of this Grant.
8 , l,• nth an.: ~rvkn
Grantee ,• all procure Goods and Services necessary to complete the Work. Such procurement shall be
accompli 1hed using tho Grant Funds and shall not increase the maximum amount payable hereunder by
th• State
C Employtes
All persons employed by Grantee or Sub-i;milccs shall be considered Grantee's or Sub-grantees'
employcc(s) for all purposes hereunder and shall not be employees of the State for any purpose as a result
of this Grant.
7. PA Yt>fENTS TO GRANTE E
The Sll'tc shall, in accordance with tl1e provisons of this §7, p3y Grantee in the foll owing amounts ~nd using the
methods set forth below:
A. Maximum Amou nt
The maximum amount payable under this Grant 10 Grantee by the State is $12,500 , as determined by the
State from available funds. Grantee agrees to provide any additional funds rtquircd for the successful
completion of the Work. Payments to Grantee are limited to the unpaid obligated balance of the Gr.int as
set forth in Exhibit A.
D. Payment
I. Ad vance, lot,rim and Final Payment
Any advance payment allowed under this Grant or in Exhibit A shall comply with State Fiscal Rules
and be made in accordance with the provisions of this Gl'1lllt or Exhibit A. Grantee shall initiate any
payment requests by submiuiog invoices to the State in the form and manner sci forth in Exhibit A.
II. Interest
The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced
represents peformance by Grantee previously accepted by the State. UncontC!'tcd amounts not p:ud by
the Stale within 45 days may, if Grantee so requests, bear interest on the unpaid balance beginning on
the 46th duy at a rate not 10 exceed one percent per month until paid in full; provided, however, that
interest shall not acc,ue on unpaid amounts that are subject to a good faith dispute . Grantee shall
invoice the State scpamcly for acel\lcd interest on delinquent amounts. The billing shall refercocc the
delinquent payment, the number of day's interest to be paid and lbe interest rate.
lil. Available Funds, Contingency and Termination
The State is prohibited by law fiom making fiscal comm itments beyond the ten:n of the State's current
fiscal year. Therefore, Grantee's compensation is contingent upon the continuing availability of Stale
appropri 3tions as provided in the Colorado Special Provisions, sci forth below. If federal funds are
Page 3 or IS
used wnh this Grant in who le or ,r. pan , th e Sta te 's perfo rm ance hereunder is contingent upon the conti nuing availabili ty of suc h funds. Payments pu r.;uaot to th 's Grant shall be ma d(; ly from .till I available fun ds encumbered for this Grant and the,. ale's liability for such payments shall be limited • to the amount remaining of such encu mbered fund s. If State or federal funds are not app ro pria1ed, or othe rw ise beco me unavailable to fu nd this Grant, th e State may immediately termina te thi s Gra nt in whole or in part w11h om funher liability in accordance with th e prov isions herein . h'. Err oneo us Payments At the State 's sole discretion , pa yme nts made to Grantee in error for any rea so n, including , but not limited to overpayment s or improper payments, and unexpended or exce ss funds •~.:cived by Gra ntee , ma y be recovered from Grantee by deduction from subsequent payments under th is Grant or other grants or agreements between the State and Grantee or by other appropriate methods anu collected as a
debt due to th e Sta te . Such funds shall no t be paid to any party other than the State.
C. se of Fund s
Grant Funds shall be used only for eligible costs ide ntified he rein and/or in Ex hibi t A. The State 's total
consideration •ho:I not exceed the maximum amo unt shown here in.
D. Matchin g tuuds
Grantee shall provide matching funds as provided in Exhibit A.
8. REPORTI G AN D NOTIFICATI ON
Reports, Evalua tions, and Revi ews required under this §8 shall be in accordance wi th the procedures of and in
such form as prescribed by the State and in accordance wi th §19 , if applicable .
A. Performance, Progre ss, Personnel, and Funds
Grantee shall submit a report to the Sta te upon ex piratio n or sooner t ·,n ;oation of this Grant, containing
an Eva luation and Review of Grantee's performa nce and the fi nal sta .. ·. uf Grantee's obliga tions
hereunder. In addition, Gran tee shall comply with all reporting requiremen ts, if any, set forth in Exh ibit
A .
ll. Litign tio11 Reportin g
With in IO days after being served with any ple ad ing related to this Agreement, in a legal action fi led with
a coun or administrat ive agency, Grantee shall notify the State of such action and deliver copies of such
plca ~•,gs to the State's princip al represent ative as idenufied herein . lf thc State or its authorized
repres entat ive is not then serv in g, such notice and copies shall be delivered to the Exec utive Director of
OEDIT .
C. 'oncom plian cc
Grantee's failure 10 provide rep orts and noti fy the State in a timely manner in accordance wiL~ thi s §8
may result in the delay of payment of funds and/or t,. .n;· 1tion as provided under thi s GranL
D. uh -g rant s
Copies of any and all Sub-gran ts entered in to by Gran tee to perform its obligations hereunder sha ll be
submined to the Stale or its principal representa tive upon request by the State . Any and all Sub-grants
entered into by Grantee rela ted to its performance hereunder shall .amply with all applicable federal and
state laws and shall provide lbat such Sub-grants be governed by the laws of the Slate of Co lorado.
9. GRA NTEE RECORD
Grantee shall make, keep, maintain and allow inspecti on and mon itoring of the follo wi ng records:
A. Maint enance
Grant ee shall mainta in a complete file of all re cords, documents, communica tions, notes and ot her writt en
materials, electronic media fi les, and communicatio ns, pe rt aining in any manner to the Work or the
delivery of Services (includ ing, but no t limited to th e operatio n of programs) or Goods hereunder .
Grantee shall ma intain such reco rds fo r a period of time {hereinafter called the "Record Re tent ion
Period") un til the last to occur of the following:
i . a period of thr ee years afte r the date th is Agreement is comple ted or termina ted, or •
ii. final payment is ma de hereunder, or •
IU . for such furt her period as may be necessary to resolv e any pending matters, or
Page 4 of 15
;,, . 1 r nn aud11 1s occunng, or Gran1ee has received nouce that an o•Jdll ,s pend mg, then unt1i such audit has been comp!etc:d and its find,ngs have bcon resolved B. I nspectlon Grantee shall pemul the State, the rederal government and any olher dul) authorized oge111 of a governmental agency 10 nudu, inspect, e~arrune, excerpt, copy an d/or transcribe Grantee's rc,:-,rds related 10 this Grant during the Record Retention Period for a peri<>d of three years following tcnninotion or this Grant or final payment hereunder, whichever is later, to assure compliance with the terms hcreor or to evaluate Grantee's performance hereunder. The State :eserves the right to inspect lhe Worl ot all reasonable times and places during the term orth1s Grant, 1ncludmg any utens,on. lfthe Work fails to conform 10 the requirements of this Grant, the Sute ma• require Grantee promptly to bring the Work into conformily with Grant requirements, at Grantee's sole ~xpense. lfthe Work caMot be brought into
confomwtce by rc-perfonn~nce or other corrective measures, the State may require Grantee to take
necessary action 10 ensure that future performance conforms to Grtnt requirements and exercise the
remedies available under this Grant, at law or inequity in lieu ofor in conjunction with such corrective
measures.
C. Monl torln&
Grantee also shall pcnnil the State, the federal government or any other duly authorized agent of a
governmental agency, in their sole discretion, to monitor all acthities conducted by Grantee pursuant to
the terms of this Grant using any reasonable procedure, including, but not limited to: internal evaluation
procedl•res, examination of program data., special analyses, on-site checking. formal audit examinations,
or any other. All such monitoring shall cc performed in a maMcr that shall not unduly interfere with
Grantee's performance hereunder.
O. Final Audit Repo rt
If an audtt is performed on Grantee's records for any fiscal year covering a ponioo of the term or this
Agreement, Grantee shall submit one copy of the final auciit repon 10 the State or its authorized
representative at the address specified ben:11L
10, CONFIDENTI AL INFORMATION ANO STATE RECORDS
Grantee acknowledges that 1t may become privy m confidential in forma tiJn in connccuoo with its performance
hereunder, including, but not limited to state records, pcrsonuel records, and infonnation concerning individuals .
A. Con fid entiali ty
Grantee sh-111 keep all State records and information confiden tia l al all times and lo comply wi:h all laws
and rcg,1lations concemmg confidentiahty or infornutioo. Any request or demand by a third pmy for
Sl.lte records and infonruition in the possession of Grantee shall be immediately for.varded lo th: ~tatc's
principal representative.
B. Notification
Grantee shall notify its agent, employees, Sub-flTllntccs, and assigns who may come into co1.1act with
Sl.ltc records and cnnlidenti31 information that each is subject 10 the confidcntialily requirements set forth
herein, and shall provide each with a written explanation of such ~ire men ts before they are permitted
10 access such records and information.
C. Use, Security, and Retention
Confidential infonmtioo or any kind shall not be distributed or sold to any third pa.,.~ or used by Grantee
or its agents in nay way, except as outhonzcd by this Grant or approved tn writing by !be State, Grant.
shall provide and ma intain a sccure environment that ensures confidenlialily of all Stat.: records and other
confidcnt1al informaticn wherever located, Confidential iofonnat ion shall not be retaind in any files or
otherwise by Gr.nice or its agents, except as permi"cd in this Grant or nrpro ,cd in w,iting by lbc Stale.
D. Disclosure and LlabUlty
Disclosure ofSt&te records or other confidential information by Grantee for any rea\on may be cause for
legal action by third parties against Grantee, the State or their respective agents. Gra.,1ec shall indemnify,
save, and l<>ld harmless the State, its employees and agents, ag~inst an) and all claim,\ damages, liability
and court awards including costs, expenses, and anomey fees and related costs, incurred as a result ofany
act or om1ss1on by Grantee, or its employees, agents, Sub-grantees, or assignees pursuant lo thi s § I 0.
Pagel of IS
11. C 0\11 If I 01 I\ 11 ltl '-I C,;Jot n ,. i· 11 JI' s1ncu or pc1>0n:1t acuvu:e.~ o:-pra.::.icc-s or m.amt.;nn IU''f rclauonsh.JP5 wh1cb c~nll,ct 11, ac . &) "111, I, lu'. ptrf,,m,Jnce ofGrontec"s obhgwons hcrewidcr Grantee .cknowledges that "11h re,,.., t t tlm (111ul, eHn the •r~car.ncc M ~ conflict of 1r1eres1 rs hnnnful to the Stale"s interests Absent 1hc S1a1c·• p:rnr 1-r,11,n aprr.,,.,1. I ,ran1cc ,hall rtfrnin from an, rracuces, ac1ivi11cs or relationships that rc,·,onahly a;,pcar 111 hr 111 <>11111<1 w11h 1hc full performance of Grantee's obllga11ons 10 1hc S1a1c hereunder. If a cunl11c1 or 11p;,c:u,1111.7c c:~1\i\. or 11 < ,r.mtcc 1tt unccr1nin whether a conflict or the oppcarr.incc ofn confuct or 1111cre,1 ex""• Gnnlcc sh•'' ,uh11111 to lhc Slaton clisclosurc statemcnl sc111ng forth 1he rclcvam details for the S1u1c', ,~n11<!cra1111n I ,11lu1r 10 p111111p1ly submit a disclosure s1a1emcn1 or 10 fo ll ow 1he State's d1rce1ion in reg,,rd "' the appJrtrll wnlh,t rnm111u1e, 1, breach of this Granl
12. REl'RESE~TATIO~!\ A1'1l W/\ltllA"iTIES
(irJnlcc males th( follu1< in& ,p, ,ti< rtpre:.c~tauons and warranties, each of which wns relied on by lhe Stale in
entering ,mo th1> Granl
A. Standard ind M1nnrr of l't1 forrnoner
Grantee shall pcrfonn ,u 0'1h1t>1,on1 hcn:under m accord:mce with the bighcs1 standards of car<, skill and
d1hgcnee ,n 11:1: mdu .uy, uaJc, or profcswn and ,n the sequence and manner set forth in th is Grant
D. Legal Aulhorhy -C:nnlce ind C:ra111ccs Signatory
Oran1ce w111TI1na 1h11 It Jl<>Ueucs 1he legal authority 10 emer into this Grant and that ii has taken all
net ions r,quir,d by 11J 11roccdure1, by-I• .ws, J111d/or >pplicable laws 10 exercise that authority, and to
lawfully uu1hori2e 111 undemaned 1ignn1ory 10 cxc,:u1e this Grant, or any pnrt thereof, and 10 bind Grantee
10 iu 1enns If rcque1tcd by the Stu1c, Gra ntee shall provide the State with proof of Grantee· s authority 10
enter mto 1his Gmm wilhm IS doys of receiving such requcsl
C. Li censes, Pcrrn ltJ, Et c.
Grantee reprcsenu and warra1111 thst "of the Effective 0Jte it has, and that al all times during lhc lean
hereof II sh.lll ha't, at 11s solr °'pcnsc, all h censcs, ccrtitications, approvals, insurnncc, permits, and other
nutho:-:ziuioo required b) l,11> ,~ rc:rfon'."I '" ohhgations hereunder. Grantee warrants that it shall maintain
n!I necessary hcen,c,, ccn,fk•11on1, ap;xo,·,,ls. insurance, permits, and other auth rizations rcquiru 10
prop<erfy p<rfonn tlu, Granl "llhmll 1c1111hun,emctt1 b)' the State or other adjustment III Grant Funds
AdJiuon•tl)', all emrloyc<• anJ a,•em, ufG111111ce pcrformmg Scr"ices under this Grant shall bold •II
required hecn,et or ccn11ict11101 ,, 1f any, 10 perform their respons,bihues. Grantee, if a foreign
coll>', tion or 0U1er fom,tn cnltl) 1ransacung business tn the State of Colorado, funhcr warrants that it
cumen'.ly has obtained and ,holl ma1111am any applicable ccrt1tiC111c of authority lo 1r.nsac1 business in the
S1a1c of Colorado nod ha, dc\l~llalcd a ocgl\1crcd ngcnl in Colorado to accept service of process. Ally
rcvocntion, w11hdrowal or non-renewal of licenses, ccn ifications, approvals, insurance, permits or any
such similar rcqu1rcmc111s ncccs~nry for Gmniec 10 properly perfonn the terms of1his Grnnl shall be
deemed to be• material brc,,ch by Grn111cc and consti1u1c grounds for 1cn11ina1io n of 1his Grant
13. LNSURANCE
Grantee nnd its Sub-grantee. sh.ill obLun and m11n1am insurance as spce,fied in this section at all limes during
the term of this Gran1 All poheic! cv1dcncmg the ,nsurnnce coverage required hereunder shall be issued by
insurance companies Sllllsfactory ,~ (ir~nlce and the State
A. C,antcc
I. Public Entities
If Grantee 1s a "pub!.: enlll)" w11hm the meaning oflhc Colorado Govcmmentol lrruaumty Acl {the
"GIA"), CRS §24 -10-101, <I seq, O..\ amended, then Grantee shat! m~,n1ain al all 1imes during Ilic 1erm
oftlJ, Grant such hab1h1y 1nsum1cc, by commercial policy 01 sclf-insur&ncc, es is necessary lo meet
i1s liabilities under the GIA. Grantee sh•tl show proof of surh insurance sa1isfac1ory lo the Stale, if
requested by 1hc S1a1e. Ornn1ec shall req uire each Grant wi1h Sub-grnnlecs thal arc puhllc enlitics,
providing Goods or Services hereunder, ,o include the insurance requirements necessary to mee1 Sub-
grantee's liabilities under 1hc GIA
II. Non-Public Enlltlcs
It Grnn tec IS not a "publ,c c n lll)" ,. 1thm lht mcan111~ ul the GIA, Cirnrit ~ shall obtam and maintarn durin g the term of thi s Grant 111 ,uran,c ,,.,erngc ,mtl r,1l,c1c, m•c tmg the ~amc req uire ment s set forth m §13(13) wuh respect io ·u~-~ron tce, that n,c 1101 "pu hh< cnu ue,· B. Sub -cra nt ccs Gra ntee shall req uire ea ch Grant v.-u h S11b ~rantcc,, uthc1 th.in tho,c that "" puhhc cnmics, providmg Goods or Services in c:onncclwn w11h 1h1, C ,1 .1111, 10 1111.. h11li: rn!lurnn ·~ rt\llll rtmcnt, sub sinnually s1milnr 10 the following : i. Worke r 's Com pensa tio n Worker's Co mp ensauon lnsman,c •·• m11111c'1 hy s,~t• ,1.11111,, ,111<I I mploycr'! L1Jb 1l11y In surance covering all of Sub -grmucc em pl oycci 01 11 11~ 1v11h111 the counc ,,nd ,c.,pc: or then empl oyme nt . ii. Ge neral Liab ility
Commercia l Gcncr•I Liab,hty Ins uran ce wnll cn on ISO occ urre nce form C , 00 0 I I 0193 or
equivalent. cove ri ng prem ises opem11011s, nrc dum nge, mdcpcn<lc111 'rnn tcc s, produ cts •nd com plet ed
operations, bl anket Grantual hab ,hty . personal injury, and advcn,sing li ab ility with nu. :m um limits as
follow s: (n )S I ,000.000 each occurrcnce, (h) $1,000,0 00 ge neral ng gregnt e; (c) $ I ,000,()1)0 products
and comple ted operations aggrega te; and (d) $50,000 any one nre . If nny aggrega te limit IS reduced
below SI ,000,000 because of claims made or paid, Sub-grantee shall immediately obtain additional
insura nce to res tore.:.~ f~II aggregate limit and furnish lo Grantee a certifica te or other ~oc umcnt
satisfactory to Gran tee sbowin · "l pl ia ncc with this provis ion .
iii . Automobil e Liabili ty
Automobile Liability Insurance cove:ing any auto (inclu ding owned, hired and non -owned autos) with
a minimum li mi t of S 1,000,000 each acci dent combined single limit.
iv. Additional Insured
Grantee and the Stale shall be named as addi tio nal insured on the Commercial General Liability and
Au tomobile Liability Insurance pol icies.
v. Prlm ncy of Coverage
Coverage required oftbc Sub-grantee shall be primary over any insurance or se lf-in su rance program
ca rried by Grantee or the Sta le.
l'i. Ca nce ll ati on
The above ins urance policies fhall include prov isions pr ev ent ing cancellation or non-renew al wilho·Jt
at least 45 day s prior notice to the Grantee and the Sta le Ly certi~ :d mai l.
vii . Subro ga tion Waive r
All insurance po lici es in any way re lated 10 this Agree ment and secured aod mainta ined by Grantee's
S11b-granlecs as required here in shall include clauses stating th111 each corricr shall waive all rights of
·ecovery, under subrogation or otherwise, against Grantee or the Stat e, its agenc ies, inst itu tions,
organizations, offi cers , agent s, employees, and vo lunteers .
C. Ce rtifi cates
Grantee and all Sub-grantees shall provide certificates ;hawing in surn nce coverage requi red hereund er to
the Sta te with in even business days of the Effective Date of this Grant. No la ter than 15 days prio r 10 ~tc
expiration date of any suc h coverage, Gra nt ee and each Sub-gran tee shall de live r lo the State or Grantee
certifica tes ofinsuranee eviden ci ng renewa ls thereof. In addition , upon reques t by th e State al any other
time during the tenn of this Grant or any Sub -g ra nt, Grantee and each Sub-grantee shall , within 10 days
of such rcqurn , supply to the Stole ev idence sa tisfac tory to the St ate of compliance with the provi sio ns of
tbis §13 .
14. BRE ACH
A . Dcnn rd
In addition to any breaches specified in other sections of this Grant, the failure of either Party to perform
any of its ma teria l obligations hereunder ia who le or in part or in a timely or satisfactory manner ,
constitutes a breach . The inst itut ion of proceedings under any bankruptcy, insolvtncy, reorganiz at ion or
similar law, by or aga ins t Grantee , or the appoin tment of a receiver or similar officer for Grantee or any
of its property, wh ic h is not vacated or fully stayed within 20 days after the institution or occurrence
thereo f, shall also constitute 1. breach .
B. Kuti<t an d Curt Period In the event or a breach. no11cc or such shall be G"en in wnunr l>> the aggr,c,ed Party It' the other Party in the manner providcc 1n §16 If such breach 1s not cured w11hm 30 days or receipt of wn11cn no11ce, or 1f a cure cannot be comple ted within 30 days, Jr 1r cure of the breach has not begu n w1thm 30 days and pu:sued wnh due dihgrnce, the State ma) e.en:1,c any of the remedies set forth 1n § l S N01wn~stlllldmg anything to the contrary ht-cm, tllc Stale, m 11, sole d1scre11nn. n...,J not pro, 1de ad\'ancc nouce or a Cure Period and rMy immediate!) •erminate 1h1s Grant m whole or in part 1f rca~unal,ly necessary to preserve public safety or to preve nt immediate pubhc cm,s 15. REMED IES If Grantee ts m breach under any pronsion or this Gr1n1, the State shall hJ" all of the remedies hstcd ID thts
§IS in addition to all other remedies set forth m other sectio ns of this Gr.int following the noucc and cure period
set forth in §14(8). The State may exercise any or all of the remed ies avn1lablc 10 it , 10 its so le d1 scre1:o n,
concurrently orconsccu11ve!y.
A. Terminat ion fo r Cause an d/or Default
lfOrantee fails 10 perform any of its obligations hereunder with such diligence as ts required to ertsure its
completion in accordance with the provisions of this Grant and in a timely manner, the Stale may notify
Grantee of such noo-pcrforrnancc in accordance with the provis ions herein . l fGr:intee thcrcafler fails to
promptly cure such non-pcrfonnancc within the Cure Period, the State, at its option, may terrnin21e this
ent~ Grant or such part of !his Grant as to which there has been delay or a failure 10 propcr:y p-:rf'Olll'
facrcise by the State of this right shall not be <lcemcd a breach of us obligations hereunder. Gr~ntec shall
continue performance of this Oront 10 the ex nl not term inated, if any.
I. Obligations and Righ ts
To the extent specified in any tcnninauon notice, Grantee shall not incur funher obligations or rende·
further performance htteunder past the effective date of such notice, and sbllll terminate outstand1Dg
orders and Sub-grants witn third parties. However, Grantee shall complete aca deliver to !he State all
Work, Services &nd Good~ nnt ca ncelled by the 1crminn1io11 notice and mny incur obligations as ore
nccessruy 10 do so within tms Grant's terms At the sole di scretion of the State, Grantee sha ll assign 10
the State all of Grantee's nl,!lll, title, and 1Dtcu:s1 under such term ma led orders or Sub-grants Upon
1crrnina11on, Grantee shall take timely, reasonable and necessary action 10 protect and preserve
property tn the possession of Grantee in which the State has an 1n1crcs1. All materials owned by the
State in the possession of Grantee shall be immediately returned 10 the State. All Work Produe ~ at the
option of the State, shall be delivered by Grantee to the Stale and shall l>ccomc the State's property .
ii. Payments
The Sta te shall rcunbursc Granlec only for accepted performance up 10 !he d3tc of lemunalion. If, after
terminati on by the State , it 1s detcnnincd tha t Grantee was not in breach or tha t Gruntcc's action or
inac:• n was excusable, such termination shall be treated as a termination in the publ ic interest and th e
rtghts and obhgauons o f the l'art,es shall be the same as if !his Grant had been terminated in the pub he
interest, as described herein.
Iii. Damages ond Witholdln g
Notwithstanding any other remedial act ion by the State, Ornntec also sha ll remai n linblc to the State
for any da:nages sustained by the Stale by virtue of any breach under this Gr.int by GrJnlec and the
State may w1thhold any payment to Grantee for the purpose of m111ga11ng the State'~ <I.images, until
such time dS the cxae• amount of dama:;cs due 10 !he Stale from Grantee is dcterrnmcd. The State may
withhold any amoun t frat may be due to Grantee as the Stale deems necessary 10 protect the Stale,
including loss ns a result i f oumanding liens or claims of former lien ho!<lcrs, or lo reimburse the
State for the excess costs 11,currcd in procuring similar goods or services. Grantee shall be liable for
e,ccss costs incurred by the S•ate ID procuring from third parties replacement Work, Services or
substitute Goods o.s covered.
B. E11rly Tcrmlnnllun for the Public li.tercst
The Sllltc is entering 1010 thts G rani fo:' the purpose of carrying out the public policy of the State of
Col◊rado, as determined by its Govcmoc, Oencral Assembly, and/or Courts. If 1h1s Oranl ceases 10 fun her
the public pohcy of the State, the Sure, m 11s sole discrcuon. may 1crm1D>lt 1t,1s Grant m "hole or in part
Pagc8ofl5
t [xerme by the Sta~ oflh,s right shall not consurute a breach of the Stat s obliga ti ons hereunder. This subsection shnll no t .~ply to a terminal ion of thi s Grant by the State for cause or breach by Grantee, wluch shall be governed by § I 5(A) or as otherwise specifically pro vided for herein . i. ,.,,trthod ond Conle nl The State sh all notify Grantee of such termina tion in ac co rdance with §16 . The nor ice shall specify 1hc effecti ve da re oflhe terminat ion and whether ii affect s all or a portion of th is Grunt. Ii. Ohligalions ond Ri~llt! Upon rec eipt of a termination notice, Grantee shall be subject to and comp ly with the same obligations and rights sci forth in §IS(A)(i), Iii. Pa yment If this Grant is lenninated by the Stale pursuant to this §1 S(B), Grantee shall be paid an amount which
bca~ the sa me ratio to the tol al reimbummcnl •Jnde r this Grant as the Services satisfactorily
performed bear to lhe to tal Services covered by this Grant, less payments previously made.
Additionally, if this Grant is less than 60% completed, the State may reimburse Grantee for a portion
of actual ouH>f-pockcl expenses (not otherwise reimbu~ed under this Grant) incurred by Grantee
which arc directly auributable !o the uncompleted portion of Grantee's obligations hereunder;
provided that the sum of any and all reimbursem ent shall nol exceed the max imu m amount payable to
Grantee hereunder .
C. Remedies Not Involving Termination
The State, at its sole discretion, may exercise one or more of the following remedies in addition to other
remedies available to it:
I. Suspend Performanc e
Suspend Grantee's performance with respect to all or any portic,., .his Agreement pending necessary
corrective ac tion as specified by the State without entitling Grantee to an adjustment in price/cost or
performanc e schedule. Grantee shall pro mptly cease performance and incurring costs in accordance
wilb the State's directive and th e State sh?.J ~01 be liable for costs incurred by Gramcc after the
suspensio n of performance under th is p:o v•a ,n .
II. Withold rnymcnt
W11hhold paym en t to G nice until correc · , s ;n services me sa tisfactorily comple ted and /or
acceptable goods are provided .
ill. Deny l'a yme nt
Deny pay ment for tho se Services not performed and/or Goods not provided and which due to
rncumstances caused by the Grantee cannot be performed or provided or, ifpcrfonncd or prov id ed,
would be ofno value to the Stntc ; pro vided that an : denial ofpaymenl shall be reasonably related to
th e value of work , performanr~ or Goods lost to the Stale .
h•. Rrmo,•al
Demand removal of any of Grantee's employees, agents, or Sub-grantees whom the State deems
incompe1en t, careless, insubordinate, unsuitable, or otherwise un aeccplable , or whose cont inued
rcl11110n l(l 1h1 s Grant is deemed lo be contrary to the public interest or not in the State's bcsl interes t.
,. lnt cllrcl unl Prop erty
If Grante e infringe s on a pa tent, copyright , trad em.irk, trade secret or other intellectual property right
win le pcrfonning it< obligations under this Grant, Grant ie shall, at th e State's option (n) obtain for the
S1u1c or Gramcc the righ ! to use such products and services; (b) replace nny Goods, Se1viccs, or other
produ ct involved wi1h non-infringing produm or modify 1'.1em so that they become non-infringing; or,
(l') ,r 11c11hcr of the forgegoing nltemat ivcs arc reasonably available, remove any infringing Goods ,
crviccs, or product s and refund the price paid therefore ·.o the Staie .
16 . NOTI t:: A D REl'RF 'ENTATIVt::S
Each individual identified be low is the principal representative oflhe designating Party . All notices required lo
be given hereunder shall be hand delivered with receipt re4uircd or sent by certified or rcgislerrd mail to such
Party's pnn c1 pal rcprc sc 111 a11vc a, ,h e nddre,s sci forth below. In addition to , but not in lieu ofa hard-copy
notice, notice nlso may be sen t by e-mail 10 the e-m a'l addresses , if any , set fortb below . Enhe r Party may from
rng, 9 of 15
time to ume designate b) wrmcn nouce subs11rntc addresses or person; 10 whom such no1iccs shall he ~cnt Unless otherwtsc provided herein, all no1tccs shall be cff~cuvc upon rccc1p<-A. S1aie: B. Cr.inlet: Kevin Tilson Colorndo Office of F.conom1c Development and lntemn110113J Trade 1625 Broadway Sui1e 2700 Denver, CO 80202 Email· kevin.1ilso11@s·a1e.co.us
Nancy Fenion, Enterprise Zone Adminis1rator
City of Englewood
Communily Development
l000 Englewood Parkway
Englewood, CO 80202
Email: nfcnlon@cnglcwoodgov.org
17. RJGIITS fN DATA, DOCUMENTS, AND COMPUTER SOFTWARE
Any sofiware, research, reports, srudics. data, photographs, negatives or other documents, drawings, models,
ma1crials, or Work Product of any typt, including drafu, prepared by Grantee in the pcrfonnance of its
obliga io:is ,mder this Granl sball bcl !lie nonexclusive property of the State and, all Work Product shall be
dch~<rl ;o the State by Grantee U('<)n completion or termination hereof. Toe State's nonexclusive rights in such
Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare
derivative works.
18. GOVERNMENTAL IMMUNITY
Notwithstandmg any otl1cr provision to the contrary, nothing herein shall constitute a waiver, expressed or
implied, of any of the immunities, rights, benefits, pro1eelion, or other provisions of 1he Colorado Govcmniental
Immunity Act, CRS §24-10-101 , ct seq., as amended. Liability for claims for injurie• 10 person s or prope11y
arising from the negligence of the State ofCol<ndo, its departments. insututions, ,gcncies, boards. officials,
and employees is controlled and limited by the provisions of the Govcmmcnlal lmmun,ty Act and the risk
management : tatutes, CRS §24-30-150 I, ct seq., as lllllcnded.
19. STATEWI.OE C:P_A NT MANAGEMENT SYSTEM
If the maximum arnounl payable to Grantee under this Grant is $100,000 or greater, either on the Effective Dole
oral anytime thcrcafier, this §19 applies.
Grantee agrees lo be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-601,
§24• I 03.5-10 I and §24-105-102 concerning the moni1oring of vendor pcrformnnce on state Grants and inclusion
of Gran1 performance information in a statewide Grant Management System.
Gran1cc's performance shall be subject to Evaluation and Review in accordance with the terms and cond111on1 of
this Grant, State law, including CRS §24,103.5-101, and St:itc Fiscal Rules, Policies and Guidance . Evaluati on
and Review of Grantee's performance shall be part of the normal Grant administration process and Grantee's
performance will be systematically recorded in 1hr de Grant Manogemenl Sys1cm. Ar''<lS of Evalua1ion
and Review !hall include, but shall not be bmitcd , ~••lity, c05t and timeliness. Collection ,,r mfonnation
relevant 10 the pcrf~rmancc of Grantee's obligations under Ibis Granl shall be determined by toe specific
requirements of such obligations and shall include fac1ors tailored 10 match the requirements of Grantee's
obligation s. Such performance in formation shall be entered into the statewide Grant Managomcnt System at
in1ervals es1ablishcd herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the
end oftbe Granl term. Grantee shall be ~oufied following each performance Evaluation and Rc-iew, and shall
addnm or correct any identified problem in a timely manne r and maintain work progress.
Should the final performance Evaluation and Review determine tha1 Grantee demonstrated a gross failure 10
mce1 the pcrfomuincc measures established hereunder, the Executive Direc tor of the Colorado Depanme1,t of
~,g, 10 of IS
Pe rsonne l and Admm1stra11on (facc ut.ve D1rcclor1, upon request by the Office of E.:onom1t Development and lntcmauonal Trade . and sbo" mg fl f good cause, ma} debar Gran1ce and proh1~., Gnntee fro m L1ddmi; on fu1urc Grants Gran1ee m•} co olest the final E,·aluauon, Rc,·1ew G11d Rauna by (•) fihng rcbuual suuemcnts, which may result 1n c1tl1er removal or correction of the evaluation (CR$ )~4-105-1 02(6)). or (b) under CRS §24-105-102(6), exercising 1hc dcbnrrncnt rro1es1 and appeal nghts provided m CRS §§24-109-106, 107, 201 or 202, which may result m \he revmal of the debarment and remstatcmcnt of Grantee, by the Exccuuvc Director, upon showing of good c~use 20. GENCRA L PROVISIONS A. Assignment Grantee's rights and obhgauons hereunder are personal and may not be tra.nsferred, assigned or sub•
granted without \he prior, wrinen consent of \he State Any attempt at assignment, or to transfer or sub•
grant w11hout such consent shall be void. AU assignments, Sub-grants, or Sub-gnnlccs approved by
Grantee or the State arc subject to all of 'he provtsions hereof Grantee sha II be solely responsible for 111
aspects of sub-gran1111g amngemen1s 311J performance.
n. Bindin g Effect
Except as otherwise provided in §20(A), all provisions herein contained, including lhe benefils an~
burdens, shall extenc to and be binding upon the Parties' respective heirs, legal representatives,
SUCCCSSOIS, .ind assigns.
C. Caption,
The captions and headings in this Agrecmenl arc for convenience of reference only, and shall not be used
to interpre t, define, or limit ils provisions.
O. Counte rparts
This Agrcemcnl may be executed in multiple idenlical original counterpan:s. all of which shall consmu1e
one agreement
E. E ntir r Understanding
This Agreement represents 1he complete in1egra1ion of all undcrs1nndmgs between the Parties nnd all prior
rcpresc111a11ons nnd understandings, oml or wri11e1i, arc merged herein Prior or contempcrancous
add1uon, deletion, or o\hcr amcndmcnl hcrclo shall not have any force or affect whalsoevcr. unless
embodied herein.
F. lndr mnlncation
Grantee shall mdemnify, save, and hold harmless 1hc State, ns employees and agents, agarnt any and all
claims, damages, liab11i1y nnd coun awards including com, expenses, and auomey fees and relalcd costs,
incurred as a rcsuh of any act or omission by Granlcc, or ils employees, agents, Sub-gran1ecs, or
assignees pursutnt to 1he •a,ms of lhis Grant; however, the provion.• hercofshall not be construed or
interpreted as I waiver, :xprcss or implied, of MY of the immun..1es, nghts, benefits, protecuon, or olher
prov is tons, of 1hc Colorado Govemll"-atal Immunity Act, CRS §24-10-IO I ct seq., or the Federal Ton
Claims Act, 28 U.S.C. 2671 cl seq., as apphcable, as now or hcrenflcr amended.
G. Jurisdictio n und Ven ue
All suils, actions, or proceedings related 10 this Gran\ shall be held m the State of Colorado and exclusive
venue shall be tn t~ Cuy and C011oty of Denver
II. Modifinllon
I. By the Part ies
Except as specifically provided in 1his Gran t, modifications of thts Granl sltnll not be effective unless
agreed 10 tn wming by both part ies in nn amendment lo this Grant, properly executed and approved in
accordance with appltcable Colorado Stale law, State Fiscal Rules, and Office of the State Controller
Pohctes, mcluding, but not hmttcd to, the policy cnmlcd MODIFICATIONS OF GRANTS -TOOLS
AND FORMS.
II. By Ope ra tion of Low
This Grant is subject 10 such modificauons as may be required by changes m Federal or Colorado
Sla\e lnw, or their implcmenling regulauons Any such required modificalton au\omatically shall be
Page t I or 15
mcorporat ed into and be part of th is Grant on the effecti ve date of su ch chang e, as if full y se t fort h here in. I. Order of Precedence The provision s of this Agreement shall govern the relauon ship of th e State and Grante e In the event of connicts or inconsistencie s between thi s Agreement anrl its exhibits and anachments, su ch conflic ts or incons istencie s shall be resol ved by reference to th e d0cJments ,n th e foll owing order of prio my; !. Colorado Special Provisions ii. 'ibis Agr eement iii. Exhibit A J . Severnbility Provided this Grant can be executed and performance of the obligations of the Parties accomplished
within its intent, th e provisions hereof are severab le and any provision that is declared invalid or become s
inoperabl e for any reason shall not affect the validity of any other provision hereof.
K. Survival of Certain Agreement Terms
Notwithstanding anything herein to the contrary, provisions of this Agreement requiring continued
performance, compliance, or effect after termination hereof, shall survive such termination and shall be
enforceable by the Slate if Grantee fails to perfonn or comply as required .
L. Taxes
The State is exempt from all federal excise laxes und er !RC Chapter 32 (No. 84-730123K) and from all
State and lo cal government sales and use laxes under CRS §§39-26-101 atld 201 el seq. Such exemptions
apply when materials are purchased or services rend ere d for the benefit of the Staie; prov ided however,
that certain political subdivisions (e.g., City of Denver) may rt.i,uire payment of sales or use taxes even
though the p,oduc t or service is provided lo the State . Grantee shall be solely liable for paying such taxes
as the Stat: is prohibited from paying for or reimbursing Grantee for them.
M. Third Party Beneficiaries
Enforce ment of th is Agreement and all rights ard obi igntions hereu nd er are reserved solely to the Parties,
and nol 10 any third party. Any services or benefi ts which third parties receive as a result of this
Agreement are in cidental to lhe Agreemen t, and do no t create any rights for such third parties .
N. Wa ive r
Waiver of any breach ofa tenn , provi sion, or requirement of this Agreement, or any right or remedy
hereunder, whether explicitly or by lack of enforecmenl, shall not be construed or deemed as a waive r of
any subsequent breach of such lenn, pro vis ion or requirement, or of any other tenn , provi sion , or
requirement.
THE RE5T OF TIUS PACE LNTE 'TIONALLY LEFT BLA K
Page 12 of IS
21. COLORADO SPECIAL PRO\%1ONS The Special Provisoons apply 10 all Grants except where noted m n•hcs A. I. CONTROLLER'S APPROVAL ,c Rs §24-30-202 (I). This Grant shall not be deemed valid unul it has been approved by the Colorado S1a1c Comroller or dcsignec B. 2. FUND 1\VA ILABIL ITY. CRS §24-30-202 (5.S). Financial obhga uons of the Stale payable after the curren t fiscal year arc cont1ngcn1 upon funds for 1h01 purp-,sc being appropriated. budgeted. and otherwise 1!13dc available. C. 3. GOVERNMENTA L IMMu"NlTY. No 1cnn or cona11ion of this Grant shall be couslrUed or interpreted as a waiver, express ,:,r implied, of any
of the immunities, nghts, benefits, protections, or olhcr provisions, of the Colorado Governmental
Immunity Act, CRS §24 ·1 0-101 ct seq., or the Federal Tort Claims Act, 28 U.S .C. §§ I 346(b) and 2671 ct
seq., as applicable now or hereafter amended.
D. 4. INDEPENDENT GRANTEE.
Grantee shall perfonn its duties bcreu oder as an independent contractor and not as an employee. Neither
Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State.
Grantee and its employees and agents are not entitled 10 unemployment insurance or workers
compensation benefits through the State and the Suue shall not pay for or otherwise provide such
cove,.,.~e for Grantee or any of its agents or cmployl'CS. Uocmployment insurance benefits shall be
available 10 Grantee •~d its employee~ ~nd agents only if sucb coven,ge is made available by Grantee or a
third party. Grantee shal l pay when due all applicable ~mployment lAXcs and income taxes and local head
taxes incum:d pumwit to this Grant Grantee shall not have authorization, express or 1mphcd, 10 bind the
Stale to any Agreement, liabihry or undemanding, except as expressly set fonb herein. Grmtce shall (n)
provide and keep in force workers' compensation and uncmployn,, nt compensation insurance in the
amounts required by law, (b) provide proof lhercof ,.bcn miuested by the State, and (c) be solely
responsible for its acts and those of its employees and ngcnts.
E. 5. COMPLIANCE WITH LAW.
Grantee shall strictly comply w11n all applicable federal and State lows, rulei, and regulations in effect or
hereafter established, including, wi1hou1 limilaiion, laws npplicable 10 discrinm1.1,ion and unfair
employment practices.
F. 6. C HOICE OF LAW.
Colorado law, and rules and regulations issued pursu:n• lhemo, shall be applied in &e :n1crpre1ation,
execution, and enforcement of this Grllnl. Any provision included or into1l)Omed herein by reference
which conn,cts with said laws, rules, and regulations shall be null and void. Any pro1•i sion incorporated
herein by reference which purpons 10 negate this or any other Special Provision in whole or in part shall
not be valid or enforceable or evailable in any action al law, whether by way of complaint, defense, or
otherwise. Any provision rendered null nnd void by the operation of this provision shall not invahdn1e the
remaio~er of this Grant, 10 the extent capable or execution.
G. 7. BI NDING ARBITRATION PROHIBITED.
The State of Colorado does not agree to binding arbitration by any cxtra-judici~l body or person. Any
provision to the contraty in this Agreement or 1ncorpora1cd herem by reference shall be null and void.
B. 8, SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00 .
State or other public f'ue.ds payable under this Grant shall not be used for the acquisition, opcrauon, or
mamtenance of computer :software in violauon of federal copyright laws or applicable licensing
rcstrictious. Grantee hereby cc11,fies and warrants that , during the term or this Grant and any ex1cn~1ons,
Grantee has nnd shnll maintain in place appropriate systems and controls lo prevent such improper u,e of
pubhc funds If the State dctcnruncs tha1 Grantee is in violauoo of this provision, the State may exercise
any remedy available al law or in equity or under this Grant, mcluding, without limi tation, immediate
termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing
resmcuons
I. 9. EMPLOYEE FINANCIAL 11\TEREST . CRS §§24-18-201 and 24 -50-S07.
Pag, 13 of 15
The s1,"Tta lon cs aver that to 1heir kr. ,wlcd £<, no emp : ycc of the State has nny personal or beneficial rntcrcs1 whatsoever rn th e service or proper:) de scnbed in this Grunt Granlcc ha s no interest and sLall not acquire any in teres t, direct or mdirc 1. 1ha1 wou ld confl1c1 rn any manner or degre e wtth th e performance ofGranicc's serv ices and Grantee shall no t cmplr,y •~Y person ha "ing such known interc Is J . IO . VE:-iOOR OFFSET. R §§24-30 -2112 (I) nnd 24 -3 0-202 .4. !No t Applicnb lc to in1crgo-,r11111 c111a/ agrec mcnrsl Subject to CRS §24-3 0-202.4 (l.5), the Slate Controller may withhold payment under th e S1.11c's \'Cn dor offset int ercept system for debt s owed 10 State agencies for : (n) unpaid child suppon debts or child support arrearages ; (b) unp aid balances ~f 1.1x , acc ru ed interest, or other charge s specified IO CRS §39-21-101, et seq .; (c) unpaid loans du, to the Student Loan !Ji vis ion of the Dcpanmcn t of Higher !education; (d) amounts req uired to be paid to 1he
Unemp lcymcnt Compensation Fund ; and (f) other un pa id debts ow ing to lhe Sta te as a rcs-Jlt of fina l
agency dclerminat ion or judicial action.
K. I I. PUBLIC CONTRACTS FOR SERVICES. CR ~ §8-17.5-101.
JNot Appli cable to Agreements relating In the offer, issuance, or sale ofsec11ri1ies, i11vcstme111 advisory
sen,iccs or Jund management services, sponsored projecll , intergollcrnmenta/ Agreements, or
information technology services or pro1/ucts and strl'ices) Gra ntee cenifies, warrants, and agrees that it
does not knowingly employ or co nlracl with an illegi • •li en who shall perform work und er this Gran t and
shall confirm lhe employment eligibility of all em1 • who are newly liire d for employm ent in the
Unit ed States lo perform work under th is Gra nt, thr, .• 0 0 participatiou in the E-Verify Program or the
State prog ram established pursuant to CRS §8-17.5-102(SXc), Grant ee shall not knowing ly employ or
co ntra ct with an illega l alien to per form work under Ibis Grant or enter in to a contract with a Sub-grantee
that fa ils to certify to Gran tee that the Sub-grantee shall no t knowingly employ or co ntract with an illega l
alien to perform work und er thi s Grant. Grantee (u ) sha ll not use E-Vcrify Pro gram or State program
procedures 10 undenake pre-employ men t sc reening of job applicants wh ile this Grant is being performed,
(b) shall notify the Sub-grantee and th e contracting State agency within three day s if Grantee has actu al
knowledge that a Sub-grantee is emp lo yin g or contracting with an illegal alien for work under this Grant ,
(c ) shall tcnnin ate the Sub-grant if a Sub -grnntee does not stop employ ing or contracting with foe illega l
alien within three day s of receiving the no tice, and (d) shall comp ly with reasonable reques t; made in the
course of an in ves tigation, undenaken pursuant to CRS §S-17.5-102(5), by the Co lora<!o Department of
Labor and Empl oyme nt. If Gra nt ee participate s in the State pro gram, Grantee shall deli,·er to the
co ntra ting Sta te agency, In stitutio n of High er Edu ca tio n or poli ti cal subdivision , a written, notarized
affirrnJ tion, affirming that Gra ntee has examined the legal work status of such employee, and sha ll
comply with all of the othe r req uirements of th e State program. l f Grantee fails to comply with any
requiremen t of th is provision or CRS §8-17.5-101 et se q., the contracting State agenc y, institution of
higher educati on or political subdi vi si on may term in ate this Grant for bre~c h and, if so term in ated,
Grant ee shall be liable for damages .
L. 12. Pt.:llLIC CO TRACTS WITH NATURAL PER ONS . CRS §24-76.5-101.
Gran tee, if a natural person eighteen (18) years o • age or olde r, hereby swea rs and affim1s under penalty
of perj ury that he or she (u) is a cit izen or otherwise lawfu ll y present i11 th e United States pursuant to
federal law, (b) shall comply with th e provi sio ns ofCRS §24-76 .5-101 cl seq., and (c) has produ ced one
form of idcnt ifi cn 1io 11 required by CRS §2 •-7~.S-103 prior to the cffcc tiv ~ date of this Grant.
Si's EITective 1/110~
THE RE T OF TIii, !'A GE INTENTIONALLY LEFT BLA K
Pnge 14 o: 15
,2. SJGNA TUR£ PAGE Grant Routing Number 00029 THE PARTIES HERETO HA VE EXECUTED THIS GRAl\'T I * Persons si~ning for Cranlee hereby swear and affirm th1l they are a.utho rlztd to act on Grulee'5 hehatr And acknowledge th:at I lh e Stat«! l.s rc:lying on th eir represen tttlons to that effect . GRANTEE STA TE OF COLORADO ':ily ofEnglewood
Bill Ritter, Jr. GOVERNOR Community Development
By: James K. Woodward Colorado Office or Economic Development and Int ernational
Tille : Mayor Trade
Don Elliman, Director
'Sip-Ja ture By: ALice Kotrlik, Deputy DireclOr
Signatory avers to tho Stale Controller or delegate that
Da te : Grantee ha.s not begun perfonnllilcC or that a StalUlory
Violation waiver ba.s been reques ted under Fiscal Rules
Da te :
LEGAL REV IEW
John W. Suthers, Altomey General
By :
Signature • As,istant All omey General
Da1e :
ALL GRANTS REQIJlRE APPROVAL BY Tl{E STATE CONTROLLER
I
CRS §24 -3 0-202 requires lh e Stale Controller to approve all Stale (;ranls. This Gnni I, nol ,alld until signed and doled below I
by the Stau Controller o: deltgatt. Grantee b not 1uthorlud lt1 be gin pcrformam:, untU such lime , If Granti:i: be1:ln1
perform ing prlor thereto, the Sttte or Co lorad n b net obll galtd to pay Cranh!t: for suc h pe rformance or for ■ny 11:vods ■ndlor
1ervicet nrovldtd hereunder .
STATE CONTROLLER
Do vld J. MoDormoll, l'A
ll y:
by John W. Rubano
Dale:
t
Page IS of 15
23. EXHJ BIT A-STATEMENT OF WORK STATE OF CO LORAD O A1c:ru:y £DA Routtni; I 000 29 f und 156 Approp 90? Or; 9020 Enc umbmncc ~ E9EOC779 OFFICE OF ECONOM IC DEV ELO PMENT AND I.NTERNATIONAL TRADE En terprise Zone Marketing Grant Agreeme nt with th e City or Englewood
1. GENERAL DESCRJPTION
The purpose of this Grant is to provide the Grantee wilh matching fu.,ds for the promotion of the
Enterprise Zone and economic development m the Arapahoe County En terprise Zo ne area.
2. DEFINITIONS
2.1. Enterprise Zone shall hc r,,in nner be ·erred 10 as "EZ".
3. GRANTEE'S OBLIGATION S
Work activities include:
3.1. Promotion of the following econorr.ic development activities: Marketing !he advantages of
locating a business in the Grantee's Enterprise Zone area, cr,,ating a 1)0$iUvc identity for the
En1erprise Zone area, promoting business attraction 10 the Enterprise Z<>ne, cncouragmg
business retention 111d expansion of existing Enterprise Zone bu.iinesse ., promoting
r<:development of the Enterprise Zone area, expanding the r,,gioo's tourism industry in the
En1erpris• Zone area, and gcnerilly enhancing the economic growth of the En1erprisc Zone
area.
3.2. Promotional n,aterial shall include the words "Created with (01 Suppo11ed by) funds from the
Colorado Enterprise Zone Marke,ing Grant".
3.3 . The co ntribution from the CEDF under this Grant shall not exceed the an:ount of local matching
fun ds expended on this Project, or Ul.JfJP., whi chever is less. Grnntcc mny allocate funds to
one or more Sub-grantees involved in promotion and economic development activities in the
EZ. All Project costs in excess of 1his granl amount shall be the r,,sponsibilit) or the Grantc,:.
4. PERSONNEL
4.1 . Responsible Administrator
Grantee's performance htmindcr shall be unde· the direct supervision ofNPncy Fcntoo, an
employee or agent of Grantee, who is her<:bv designated as the r,,sponsible administrator or the
Work.
4.2. Replacement
Gran~ shall immediately notify OEDIT if the Responsible Adnunistrator cc ·s 10 serve.
Provided thcr,, is a good-faith roason for the change, ifGrantee wishes to rcpt.cc the
Responsible Administrator, it shall notify C'EDlT and seek ilS approval. Such approval i~ ,,
OEDll"s sole discn:tion, as OED lT issued this Gron! Agreement in pan rcli1ncc ~n Grantee's
representations resnrding 1he Rcs1,,insible Administrator. Such notice shall spcci ry why the
change is necessory, who !he proposed replacement is, wh.it their qualifications arc, a nd when
the change would take effect. Anytime key personnel cease I serve, OEDIT, in its sole
discretion, may direct Grantee to suspend the Work unti l such time as their replacemeolS are
approved. All notices sent under Ibis subsection shall be sent in accordance with the Notices and
Rcpr<:scntatives provisions of Ibis Grant Agreement.
5. ACCEPTANCE CRITERIA
5.1. Report(s)
Page I ofJ
Gramcc sha!I be responsible for completing lhc ac11vi11cs of 1hc Work, and shnll proVldc 10 OEDIT documentation lS rcqu11ed under !his Agrecmeni. S.1.1. The Gran1ec shall submn • iinal fim1nc1nl and nammvc repon documenting the cxpendirure of a!! CEDC funds and ma1ching funds for which pay mcn1 is requested, m accordance with §6 of Ibis Exhibit A. Th,s final rcpon sl!all include: S.t.J .1. a sw.1cmen1 of the remaming dollar nmounl requested: 5.1. 1.2. a statcmenl of how nil funds for !he year, including 1he initial paymen1 request, wmspen1, 5.1. t .3. a signa1ure on the leuer by 1hc Responsible Adminis1n11or as defined in §4.J of !his Exhibit A, cenifying 1hat receiplS and documcn1a1ion have been checked, are on file with lhe Grantee, and shall be submitted to lhe SIOIC upon request.
5.1.2. Copies of promotional ma1erlal, advertisements, and other mnrkcting collaieral erca1cd
wi1h funds from lhc Grant may be ~quested by the State.
6. PAYMENT
6.J. Paymc.nl
Paymcnis shall be made in accordance with the provisions sci forth in this Agreement and
Elhlbll A. OEDIT may tnlnSfer Gran1 Funds in advance of performance only if a Fiscal Rule
waiver has been gran1ed by lhc State Controlior for this Agreement. Grantee may requesl an
initial payment of an amount not to exceed $5,000. RequeslS from Grantee that exceed $5,000
shall require funds to have been spent, and Grantee shall request rcimbursemcnl in accordance
with the provisions of §S.1.1 and §6.3 of !his Exhibit A.
6.2. Schedule
Requests for payment shall be initiated by lhe Grantee in accordance with the provisions of §6.3
of this Exhibit A and shall follow this schedule:
~
Schedule
$5,000 (Optional) Initial payment shall be paid upon request by !he Grantee
following the execution of this Ag;ecment and in accordance with §6.1
herein. Request shall be in the form of~ signed lener stating h11w the
S5 000 shall be soen t.
S6,SOO Interim paymenlS to be paid upu,1 Request for Payment m accordance
with §6.3 herein.
Sl,000 Final payment 10 be made upon satisfactory completion of the Project.
The Gran1ee shall submtt a final financial and narrative report
documenting the expenditure of all CEDC funds and matching funds for
which payment has been requested and other requirements as no1cd in §S
herein.
Sll.500 TOTAL
6.3. Request for Payment
Grantee shall submil a signed letter for each paymenl reimbursement request. This letter shall
include:
6.3.1. a statement oflhe dollar amount requested;
6.3.l. statement of how the funds shall be, or already have hccn spcn~
6.3.3. a signature on !he lcuer by the Responsible Administralor as defined m §4.1 of the
Exhibit A, cenifying that receipts and documentation have been checked, arc on file
with the Grantee, and sh.all be subrniucd to lhc State upon rcques<;
7. i\llMINlSTRATIVE REQUIREMENTS
7.1. Accounting
7.1.1. At all tirn-:s from the Effective Dale oflhis Agrecmenl until comple1ion of the Work,
the Grantee shall main1ain properly segregated books of Stale Grant funds, matching
funds, and olher funds associa1ed wtth the Work.
• 7. 1.2. All rece1pls and c,pcr.d1rurcs assoc1a1cd w11!: the Wo rk shall bc documented in a detailed and specific manner. and sfi.111 accord w1tll tile Work Budget se, fonh hcrem . 7.2. Monilorlng OEDIT shall monnor the Work on an as-needed bam. OEDIT may choose to audit the acuv,ucs performed under this Asrccmcn 1. Such audit will be requested by OEDIT via electronic media, and all documentation shall be made available for nudn by OEDIT wnhin 30 days of such request. Grantee sh all ma,utain a complcle fiic of all records, documents, communu:a11ons, notes and other wrillen materials or electronic media, files or commun icati ons, which pertain in any manner lo this Agreement Such books and records shall contain ctocumen1nti on ofth,• 9articipant's pcrttncnt activity under this Agreement in a form eoosistcnt with good accounung practi.c.
8. WORK BUDGET
8.1. Malching Funds
Grantee shall match EOC .~nds used on this Project with at least a dollar-for-dollar cash match
from local sources. Local mn1ch dollars shall not be used to meet other state contractual
matching fund requirements. ,;
8.2. Administrative Costs
Grantee may use 25 percent ofGranl to pay for Grantee's Administrative Cosu associated with
the Enterprise Zone. Administrative Costs include: the salary ofthc zone administrator,
processing public records requests, faxing or mailin~ :osts associated with EZ ccrtificat,ons,
and other EZ related Administrative Cos ts with pri or approval.
8.2.1 . Enterprise Zone M~tine
Grantee may use an addition11l Sl,000 to pay for Administrative Costs associated with
trnvcl to ancnd two EnteTJ)rise Z.One Administrators meet ings or $500 to anend one
Enterprise Zone Administrntor meeting.
8.3. Eligible Expenditures
Specific activities eligible for rcimbu=ment from this grant include: the preparation,
produc tion, oncV01· d is1ribu1ion of market research, marketing collateral, direct mail campaii;ns,
EZ informational seminars/events, online media advertl,sing, online informational service, trade
show promotions, direct business prospect visitation, or 'the promotion of events that anract
tourists or economic activity to the EZ area. Other closely EZ related activities may be
accepted with prior approval by lhc Stale.
8.4. Entcrpl'lsc Zone Mark eti ng Grant Bud get
~
Locnl Match
Enttr])rls< Zon, Grant
Option•!: 25% orGl'lllt Funds r..-Admini>trativc Costs.
Optional : St ,000 to reimburse travel lo two EZ Meetings.
R•mainder: Shall be spont on lhc items listed in §8 and §J herein.
TOTAL GRANTEE EXPENDITURF.S
Maximum . SJ, 125
Maximum. Sl,000
At lease SS,375
Tl CE REST OF TfllS PA C E lNTENTlONALL V LEFT BLANK
b.Milllfil
Sll,500
S ll,500
SlS,000
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RESOLUTION NO. SERIES OF 2009 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2009 BUDGEr FOR ADDnlONAL IMPROVEMENTS TO THE PASEO PROJECT. WHEREAS, the City or Englewood is required by City Chancr to ensure that expenditures do
not exceed legally adopted appropriations; and
WHEREAS, the 2009 Budget was submjued and approved by the Englewood City Council on
October 24, 2008; and
WHEREAS, the Pasco Project was approved by Council to improve the downtown cityscape:
and
WHEREAS, fundi ng for the project has beei, throuQh Community Development Block Granl!
which are not sufficient to complete the project ll:1e to unexpected construction costs.
NOW, THEREFORE. BE IT RESOLVED BY 1 ITT. Cm' COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
~-The Budget for the City of Englewood, Colorado, is hereby amended for the year
2009, as follows:
2009 SUPPLEML!\'T AL APPROPRIATION
GF.NERAL FUND
SOURCE OF FUNDS:
Landscape and Fine Ans Fund Balance
USE OF FUNDS:
Transfer Out to the Public Improvement Fund
PUBLIC IMPROVEMENT FUND
SOURCE OF FUNDS:
Transfer In From Gencnil Fund
USE OF FUN DS:
Pasco ProjCCI Enhar ..•.. ents and Improvements
$12,011.04
$12,011.04
$12,011.04
$12,0 11.04
ADOPTED AND APPROVED this 6th day of July, 2009.
ATTEST:
James K. Woodward, Mnyor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No.__, Series of 2009,
Loucrishia A. Ellis, City Clerk
•
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COUNCI L COMMUNICATION Date: Agenda Item: Subject: Ju ly 6, 2009 9 c I A Supplemental Appropriation for Additmnal Improvements to the Paseo Project Initiated By: I Staff Source:
Department of Finance and Administrative Services frank Gryglewlcz, Director
COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION
The City Council discussed this issue at June 15, 2009 Study Session: City Council di rected staff·,
prepare a supplemental appropriation of S 12,011.04 for Improvements to the Paseo Project
RECOMMENDED ACTION
Staff recommends City Counci l approve the attached resolution approving a supplemental
appropriation in the amount of S 12,011.04 from the Landscape and Fine Arts Fund for
enhancements to the Paseo Project
BACKGROUN D, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The landscape and fine Arts Fund was created to account for funds collected from property
owners in lieu of providing landscaping as required by Ordinance 2, Series of 1984. The funds
accumulated in this fund can be use for "beautification of the public areas as determined by the
leg,sbtive body."
The fu nds will be used to enhance the Paseo Project. The S 12,011.04 will reduce the balance In
the account to ze ro,
The following illustrates the transfer and use of funds:
GENE RAL FUND
SOURCE OF FUNDS:
landscape and Fine Arts Fund Balance
USE OF FUNDS:
Transfer Out to the Public Improvement Fund
PUBLIC IMPROVEMENT FUND
SOURCE Of FUND S:
Transfer In From General Fund
USE OF FUNDS:
Paseo Project Enhancement, .tr,d lmproveme,Hs
Sl2,011.04
S 12,011.04
Sl2,0l1.04
Sl2,0I 1.04
FI NANCIAL IMPACT This supplemenl.11 appropriation will zero out the balance in the Landscape and Fine Arts Fund. LIST OF ATTACHMENTS Proposed Resolu tion •
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• City of Englewood AG ENDA ITEM 10 (a) PUBLIC HEARING ROSTER DATE : July 61 2009 A Public Hearing to gather public input on:
an Ordinance amending Title 16 of the Englewood Municipal Code 2000 pertaining
to th e Unified Developm ent Cod e 2008 cre1ting a new Medical Zone Dlttrlcl
(Council BIii No. 25)
AND
an ordinance amending the "Official Zone District Map" of the City of Englewood,
Col orado. (Council BUI No. 26)
PLEASE PRINT
NAME ADDRES S
.AFFIDAVI T OF PUBLI CAT IO N Sate of C<~onido I )ss County ofDooglas I This Affido,·11 of Publi<otoon for tJ,e ENGLEWOOD HERALD. 1 •cd.l)' nc:w,papa, pnnlc:d md pubhshcd for 1hc Couniy of Ar.ipehoc, Si,1< of Colorndo,
hereby certifies duu lhc amw:hcd lcp.l ruxicc "'Ill
published•• •id acwspapc, once"' a .. h .. 'tel ror _j_
SUCCCSSI\C wet'k(Sl. lhe last or wh,ch public:itton
wu mode: prior 10 the Slh da)' or June A.O.,
200'l, and dttt "'!)i<s of eadl nunb<r or sard
paper in wtnch aid Public NoctCC "A'U pubh~
wm:i ddivacd by cnnicrw or tro.nsmlrh .. -d b)' m.ill
m coch of 1hc subKnbcrs or •id paper. iKC01'd1ng
IO thar 31XUStomcd mode of bumer.s in tha,; office.
for 1hc Englewood Herald
.Stalcorc-I
)ss
County of Ar1pahoc )
The above Affidavit and Ccnificale of Publii.-nnon
W3' subscribed and swom 10 before: me by the
at,ov,.Nllll<d ASA COLE. Pn:sidcnt/Publisb<r ot
JEREMY 8A1'GS, Managing Edttot of said
ncwspape~. who is pcnonnlly knowl'I 10 me 10 be the
1dcntital person 1n lht above catlnatc oo I.his
5th day of June A.D" :?009,
NOUII)' Public. I !S St<phlnic
Plocc. l SARAH THOMAS
c..tlc Rock. co 80109 t NOTARY PUBLIC t STATE OF COLORADO ---My CommiuM>n E•p.t11 09J21l2010
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PROOF OF PUBLICATION
City of Englewood , Colorado
Official Website
www .enqlewoodgov.org
I, Loucrish/a A. Ellis , City Clerk, for the City of Englewood , do solemnly swear
that the attached legal notice (Public Hearin g July 6, 2009 -Council Bill No . 25) was
published on the Official City of Englewoo1 Website from June 11 , 2009 through
July 6, 2009 .
State of Colorado
County of Arapahoe
ss
Subscribed and sworn to before me on this 6th day of July , 2009 .
My Commission Expires : November 8, 2012
SEAL
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CITY OF ENGLEWOOD NOTICE OF PUBLIC HEARING July 6, 2009 at7:30 p.m. Notice Is hereby given that the City Council of the City of Englewood, Colorado, has scheduled a Public Hearing at a Regular City Council
Meeting on July 6, 2009, at 7:30 p.m.
in the City Council Chambers of
Englewood Civic Center, 1000
Englewood Parkway, to gath11r public
Input on AN ORDINANCE AMENDING
TITLE 16 OF THE ENGLEWOOD
MUN:CIPAL CODE 2000 PERTAINING
TO THE UNIFIED DEVELOPMENT
CODE 2008 CREATING A NEW
MEDICAL ZONE DISTRICT. (Council
Bill No. 25)
All Interested parties may express
opinions in person at the Publlc
Hearing or In writing to be received
by the City Clerk by 5:00 p.m. on July
6, 2009. Anyone wishing to speak at
the Public Hearing may call the City
Clerk's Office, 303.762.2405 or
303.762.2407 to schedule their
presentation or a sign-up sheet will
be available at the door.
By order of
the Englewood City Councll
Loucrishla A. Ellis, MMC
City Clerk, City of Englewood
1000 Englewood Parkway
Englewood, Colorado 80110
PUBLISHED: June 11, 2009
Official Webs ite of the
City of Englewood, Colorado
.AFFIDAV IT OI-P UBLI C Afl ON St11le of Cnlt1rnUi1 I 11H<Affid;wll 111 l'uhli<>IKWI lur lb< lNGLl,11001) IIEIRALD, 11 "'ed.ly m:w!iftUpcr, 1ninu..'<I ond r,uMill.cd r"' dK' Coun1y ,1f Ampalme, Sum• ol Coln,.1.Jo, h«d,y cmlfios duo lhe Oll;w;ehed legal'""""'~><
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l'~Sllc Ro<k, C-0 81/IO'J SARAH THOMiJS NOTARY PUBLIC
STATE OF COLORADO ---· My Comm.n eon £.p,■109/21'2010
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PROOF OF PUBLICATIO N
City of Englewood, Colorado
Official Website
www .englewoodgov.org
I, Loucrlshia A. Ellis, City Clerk, for t he City of Englewood, do solemnly swear
that the attached legal notice (Public Hearing July 6, 2009 -Council BIii No, 26) was
published on the Official City of Englewood Website from June 11 , 2009 through
July 6, 2009.
State of Colorado
County of Arapahoe
ss
Subs.:ribed and sworn to before me on this 61h day of July, 2009.
My Commission Expires : November 8, 2012
SEAL \•I". ,,. ' '
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CITY OF ENGLEWOOD NOTICE OF PUBLIC HEARING July 8, 2009 at 7:30 p.m. Notice i s hereby ylven that the City Council of the City of Englewood , Colorado, has scheduled a Public Hearing at a Regular City Council
Meeting on July G, 2009, at 7:30 p.m.
In the City Council Chambers of
Englewood Civic Center, 1000
Englewood Parkway, to gather public
input on AN ORDINANCE AMENDING
THE "OFFICIAL ZONE DISTRICT
MAP" OF THE CITY OF
ENG LEWOOD, COLORADO. (Council
BIii No. 26)
All Interested partlea may express
opinio ns In person at the Public
Hearing or In writing to be received
by the City Cleric by 5:00 p.m. on July
6, 2009. Anyone wishing to speak at
the Public Hearing may call the City
Clerk's Office, 303 .782.2405 or
303.762.2407 to schedule their
presentation or a sign-up sheet will
be available at the door.
By orde r of
the Englewood City Council
Loucrishla A. Ellis, MMC
City Cleric, City of Englewood
)00 Englewood Parkway
Englewood, Colorado 80110
PUBLISHED: June 11 , 2009
Offlclal Website of the
City of Englewood, Co lorado
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COUNC IL COMM UN ICATION Date: Agenda Item: Subject; Jul\ 6, 1009 10 a Council Bill No. 25 • Medical Zone and Overlay District Amendment~ to TIiie 16: Unified Development Code Initiated By:
Community Development Department I Staff Source:
John Voboril, Planner
COUNQL GOAL AND PREVIOUS CO UNCI L ACTION
Council chose to make econom ic development a top Council goal in early 2006 , and has continued
to reaffirm this goal as a top priority. The Medical Zone and Overlay District Amendments to Tide
16 of the Unified Development Code and the related but separate ordinance to amend d,e Official
Zoning Map to Rezone Portions of the Medical District Area to M-1 and M-2 Mixed Use Medical
Zone Districts and to Establish Areas in which M-0-1 and M-0-2 Medica l Overlay Dis trict
Regula ti ons Apply. have been developed In response to Council's des•·e to establish more
development-friendly regulations in the immediate vicinity of Swedish Medical Center and Craig
Hospital to take ach•antage of development Interest In the area .
First reading for Council 8111 Ne. 25: Medical Zone and Overlay District Amendments to ntle 16 of
the Unified Development Code and closely related, but separate Counci l Bill No. 26: Amendment
to the Official Zoning Map to Rezone Portions of the Medical District Area to M· 1 and M-2 Mixed
Use Medical Zone Districts and to Establish Areas in Which M.(). 1 and M.0.2 Medical Overlai•
District Regulations Apply, took place at th e June 1 •, 2009 Council Regu lar Meeting. Council set a
Public Hearing schedu led for July 6'', 2009 in order to gather public testimony o n both bills.
The follO\,ing rimeline ptesents a complete list of Council actions on the Medical Zone and Overlay
District Amendments (and related but separate ordinance to Amend the Official Zoning Map to
Rezone Portions of the Medical District area) beginning with the Englewood Downtown and
Medical District Small Area Plan process :
June 20•, 2006 Study Session: CD Proposal to Undertake Small Area Planning Process f01 the
Englewood Downtown and Medical Districts
February 20", 2007 Stud)' Session: Review of Englewood Downtown and Medical District Small
Area Plan Policy Document Goals and Objectives
April 2"', 2007 Regular Meeting: Cou ricll Approval of Englewood Downtown and Medical
Dlsirict Sma ll Area Plan Policy Documeni Goa ls and Objectives
by Resolution
June 16", 2008 Study Senion: Englewood Medical District Small Area Rezoning Plan Update
October 13", 2008 Study Session: Presentation of Medical Zone and Overlay District Amendn1ent
Concepts and Rezoning Boundaries
June 1 ", 2009 Regula r Meeting: Counci l Apprul'al of Council 8111 No. ~5 and 26 on Forst Reading and Scheduling 01 luly 6' Public Hearmg Date RECOMMENDED ACTION Communlt)' Development seeks Counc il support to conduct a Public Hearin g In orde r 10 gather public tes timony on closely related Council Bill No, 25 : Medical Zone and Overlay District Amendmen ts and Council 8111 No. 16: Amendment to the Official Zoning Map to Rezone Portions oi the Medical District and to Establish Areas In Which Medical Overlay District Regulations Apply,
at the July 6"', 2009 Council Regular Meeling.
BACKGROUND, ANALYSIS, AN D DE SCR IPTION OF PREFERR ED ALTERNATIVE
Background
In order to support Council's economic development agenda, Community Development proposed
undertaking a small area planning process focused on the Englewood Downtown and Medical
Districts in the fall of 2006. All residents, property owners, and business owners were Invited to
become participating stakeholders In a series ol meetings designed to foster discussion o( planning
goa ls and objectives for the area. The resulting policy document, Englewood Downtown and
Medical Dlslfict Small Area Plan, was officially adopted in the spring of 2007.
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Soon after adoption of the Englewood Downtown and Medical District Small Area Plan, Community
Development staff began an analysis of the existing zoning regulations wrthin the Medical District •
area in order to gage how well they conformed to the goals and objectives ol the Englewood
Downtown and Medical Diw,a Small Area Plan. Staff concluded that the exis ting zoning regu lations
pertaining to th e Medical District area were not conducive to the attainment of the Medica l District
vision. Staff then began identifying possible altematl\ e directions to the existing Medical District
zoning regulations, debated the alternatives internally, and finally arrived at a preferred alternative
direction. The preferred alternative direction was then developed further Into more detailed
regulatory concepts.
Community Development staff began to work closely with the Planning and Zoning Commission to
test and refine the original Medical Zone and Overlay District concepts th rough a series of five
study sessions beginning on April 24", 2008 and ending on September 3 .. , 2008. Additional study
sessions were held in response to requests by City Couricil as well as a private property owner to
consider exemptions to the maximum retaff size limit for certarn sizable properlies with prime
access to US Highway 28S on NO\'ember 4• and December 2"", 2008. The Planning Commission
found the arguments for these proposals to be compelling and agreed to support both requests. A
final study session was he ld on January 21 '', 1009 In response to a request by a private property
owner 10 modify the proposed bounda ri es of the 145 foot height zone to Include th e west side of
Emerson Street. as well as expansion of the overlay district bounda,y ,n order 10 include additional
properties on the east side of Emerson SlfeeL In this Instance, the Planning Commission did not
feel the argumerrts made In support of the proposal were strong enough to warrant revisions.
Soon after the September 3"', 2008 wrap-up study session, Community Development staff Invited
Craig Hospital and Swedish Medical Center executive staff to meet with City staff in order to hear a •
presentation on the Medical Zone and Overlay Dis trict concepts and give leedback on Octobe r
14', and October 19', respecti,el1•. Executive staffs from both hospitals expressed satisfaction with
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the proposed regulations, acknowledging 111a1 the new regulations would give them more fiexlbilil) to e,pand their current facrllties on properties the hospitals currentl1 O\\ n. At this time, Communil) Development staff also prepared to take the proposed Medical Zone and Q\ erlay District amendments back to the community stakeholders for their reactions. Once again, all residents, property owners, and business owners within and one block beyond the Downtown and Medical District study area boundaries were in,ited to attend stakeholder meetings on No,·ember 12" and 13", 2008. Stakeholders were general~, accepting of the Medical Zone and Overlay Dis trict concepts presented to 11-iem, recognizing that the concepts conformed to the vision, goals, and objectives of the original Englewood Downtown and Medical District Small Area
Plan.
During the first quarter of 2009, Community Development staff translated the Medical Zo ne and
Overla11 District concepts Into Unified Development Code (UDC) text amendments. Staff
presented the UDC text amendments to the Planning and Zoning Commission over the course of
two study sessions on April 7" and April 21", 2009. Edits were made to the UDC text am endments
in accommodation to Planning Commission requests, A public hearing before the Commission was
held on May s•. 2009. The Commission made a motion to forward the Medical Zone and Overl ay
Dis trict text amendments to the UDC to City Council with a favordble recommendation for
approval.
City Council moved In support of Council Bill No. 25, Medical Zone and Overlay District text
amendments to the UDC on Arst Reading at the June 1• City Council Regula r Meeting and
sched uled a Public Hearin g for July o•, 2009 in order to g.;th er public tesrimont7
&!ih:fil
The proposed new Medical Zone and Overlay District regulations for the Swedish Medical Cente,
and Craig Hospital area have been designed to fos ter econom ic development and expansion , The
proposed new zoning and overlay district amendments hold many advantages over the existing
zoning regulations:
• Expansion of area allowing retail uses directly south of the Swedish Medical Center and
Craig Hospital campuses and trad lliona l Old Hampden corridor
• Addition of holels to lhe list of allowable use
• Prevention of new automobile uses from locating \\ithin the area
• Elimination of discriminatory regulations against small projects on small lots
• Increase In allowable residential -densities
• Greater setback flexibility
• Grealer height allowances for Swed ish Medical Ce nter and Craig Hospital campuses and
the area dlrectiy south of the campuses between Logan and Clarkson Streets
• Pedestrian-oriented developmen I slandards that bring buildings close to the stree~ require
parking to be localed to 1he rear of the lo~ and require minimum amounts ol first floor
windows for relail uses
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• Substitution oi suburban, residential-style landscaping standards with more urban , commercial-style landscaping standards Description of Preferu:d Alternative M-1: Mixed Use Medical, Office, and High Density Reside ntial Zo ne District This zone district allows hospitals and medical uses, as well as general oft1ce, high density residential, and hotels as primary land uses. The district covers the existing main hospital campus areas. In order to protect residential neighborhoods 10 the north, It does no1 allow retail as a
primary use.
M-2: Mixed Use Medical, Office, High Density Residential, and limited Retail Zone District
This zone district allows hospitals, and medi cal uses, as wel l as general office, high density
resldenlial, hotels, and limited retail as primary land uses. Retail uses are restricted to no more than
10,000 square fee~ with exceptions made for strategic properties loca1ed at the ln1ersec1ions of
Logan, Oarkson, and Hampden with US Highway 285. The district will not allow new auto-oriented
uses to be established. The district covers the historical Old Hampden business corridor as well as
the area directly soutl, of the hospital campuses stretching to, and including the Clarkson and Logan
Intersections with US Highway 265.
M-0-1 : Mixed Use Medic~! Overlay District
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This O\'erlay district covers a portion of the Ml.J.R·l·B base residenrial zone district ftom the
centerline of Girard Avenue to points 130 to 180 feet to the nonh. Under the M-0-1 Overlay •
District regulations, properties must foll ow the existing MU•R·l·B regulations for land use, density,
and height, but are all owed to follow the mo re Oexible M-1 /M·2 setback regulations,
M-0-2: Mixed Use Medical Overlay District
This o, erlay district covers a portion of the R-2-8 base residential zone district, covering the first
residential lot ad jacent to the historical Old Hampden Avenue business corridor. Property owners
may develop these lots under the R-2-B base residential zone district regulatlons or may opt to
combine 1he property with ad jacen t properties with frontage on Hampde n Avenue In order to
create a deeper l01 for a larger mixed use, residenlial, or office development, or as a parking area
for a single use retail development
SUMMARY
The proposed Medical Zone and Overlay Dis1ricl text amendments and 1he related bu1 separate
ordinance 10 amend th e Officia l Zoning Map represenl the achievemen t of the first Implemen tation
step toward tl1e realiza1ion of the Englewood Medical District vision,
FINANCIAL IMPACT
No direcl financial costs are anticipated from the adoption of d1e proposed amendments.
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• LIST Of ATTA CHMENTS • Proposed Medical Zone and Overla1 District Boundaries Map • Planning and Zoning Commission Public Hearing Minutes: Ma) s•, 2009 • Planning and Zoning Commission Public Hearing Rndings or fact: Mai 5 .. , 2009 • Proposed Bill for Ordinance
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PUlM lns and Zon"1g Commniioc Pubhc Heanng Case •2008-0l 1:ul •ZON2009--0I MayS, ?009 Pag< I of!O CITY OF ENGLEWOO D PLANNING AND ZONING COMMISSION RE GULAR MEETING May 5, 2009 I. CALL TO ORDER a The regular meeting of the City Planning and Zoning Commission was called to order at
7:06 p.m. in the Council Chamber. of the Englewood Civic Cente r, Vice Chair Knoth
presiding.
Present:
Absent:
Staff:
Roth, King, Welker, Calender, Krieger, Knoth, Fish, Kinton
Brick, Bleile
Alan White, Community Development Director
John Voboril, Planner
Nancy Reid, Assistant City Attorney
II. APPROVAL OF MINUTES
April 17, 2009
Krieger moved:
Calender 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:
Roth, Welker, Krieger, Calender, Knoth, Fish, King
None
None
Brick, Bleile
Motion carried.
Ill. PUBLIC HEARING: CASE #2008-03 AND CASE #ZON 2009-01
Welker moved:
Roth seconded: THE PUBLIC HEARING ON CASE #2008-03 AND CASE
#ZON2009-01 BE OPENED
AYES:
NAYS:
Knoth, Roth, Welker, King, Krieger, Calender, Fish
None
Pbnru~ and 7.IX't"f Comm.JS$10n r~hcHt:.ttlftf C:a« ~f~Jb-UJ arul •zo-;ml'>-01 Ma)'5.200Q ragc 2 01 Ill ABSTAIN : None ABSENT: Brick, Bleile Motion carried. Mr. Voboril, Planner, was sworn in. He stated tonight's Pub,;:: Hearing will be focusing on two relat ed but :;eparate zoning cases, Case #2006-03 , Medical Zone and Overlay
Amendments to Title 16 and Case #ZON2009-0 1, Amendment to the Official Zoning Map
to rezone an area of th e City generally bounded by So uth Logan Street, East Gira rd
Avenue, South Lafayette Street and Little Dry Creek to M-1 and M-2 Mixed Use Medical
Districts and 10 establish areas in which supplemental M-O-1 and M-0-2 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 on April 17, 2009. The Swedish Medical Center and
Craig Hospital area was first Identified as a potential area of chang e in Roadmap
Englewood: The 2003 Englewood Comprehensive Plan. In support of that vision the
Community Development Staff, with the support of Gty Council, began to develop a small
area planning process centered on the Downtown and Medical District areas in the fall of
2006. Five thousand people were invited to participate as stakeholders: all property
owners, business owners and residents within the two original study area districts plus an
additional one block radius beyond those borders. Three hundred people registered to
participate and approximately 1 50 actually attended the meetings. At the stakeholder's
meetings Comm un ity Development Staff gave a presentation on the existing issues and
conditions within the two districts and posed a number of questions to the stakeholders
concerning what types of development they felt were appropriate in the Medical District
From that feedback, Staff developed a vision, goals and obj"'Ctives that were then
incorpora ted into the Small Area Plan document This policy document went before
Planning Commission in a similar Public Hearing process and was recommended lor
adoption and approved by Resolution by City Council in th e spring of 2007. Shortly after
that, Staff began to work on an analysis of the existing medical district zoning in order to
determine whether II was conJuclve to ach ieving the vision, goals and objectives that were
fou nd in th e policy document. Staff determined that the existing zoning was not conducive
10 the vision in the Small Area Plan document. Staff then began working on developing
medical district concepts for rezoning the area. Once that was comp leted, another series of
study sessions with the Planning and Zoning Commission were held to explain the
concepts and to make refinements. When completed, presentations were once again held
with the stakeholders and the hospital staff. The hospital meetings occurred In September
and October of 2006 and the stakeholder's meetings were on November 12 and 13, 2006.
At the meetings, Staff presented the concepts. The feedback from the meeti ngs was that
Staff had generally created amendments that were in the spi rit of wha t was In th e policy
document.
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Pl.uuun;: :and Zor:uni CO(f'.truU1on Pobl1<: Hcanr.g C... ~ and •lO--,?Ol"'>.01 Ml) 5, 2009 hsdoCIO Comprehensive Plan Housing Goal # 1 states "Promote a balanced mix of hous ing opportunities serving the needs of all current and future Englewood citizens•. Supporting that goal, Small Area Plan Housing Goal #3 states "Enco ura ge In vestments in new housing within the Medical Center area•. The Inspiration for th e Medical Zone and Overlay District Amendments, in terms or housing. comes from The Terraces at Pennsylvania project This is a recently completed project built by the Englewood Housing Authority which was forced
to go through a Planned Unit Development Rezoning process. Staff would like to allow that
type of development to occur without the rezoning requirement Staff focused on making
the setbacks more flexible 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 regulates the number o! residential units on a property. Existing zoning
regulates the number of residential units by land area per uniL Staff suggests switching to a
system which would regulate the number of residential units on a 1,,,?Velopment by the
maximum height restrictions and minimum parking requirements. Staff also in;tituted a
number of different height zones . Some area hei ghts were kept at the current level in order
to protect the neighborhoods to the north and the eas t In other areas sou th ot the main
hosp ital campus, Staff created a height zone of 145 feet to encourage a more intensive
residential type development in an area that would not affect the single-family residential
neighborhoods to the north and east As for landscaping, Staff has transitioned away from a
suburban residential style to a more urban style.
Mr. Voboril stated he would now be discussing business goals. r:omprehensive Business
Goal # 5 states "Recognize unique characteristics and associated opportunities for
enhancing the value of Englewood s commercial, industria.I and mixed-use drstricts." In
support of this Comprdiensive Plan goal Staff has recognized three Small Area Plan
Business Goals. They are:
1. Promote the old Hampden Co rri do r as a fine grained pedestrian orien ted
commercia l district.
2. Expand opportunities for the recru itm ent and development o f neighborhood
serving businesses within the Medical Center District
3. Work closely with Swedish and Craig Hospitals to accommodate :acility
expansion in a manner that preserves and enhances the quality in life in
surrounding nerghborhoods.
In support of these business goals the following items have been Inco rporated into the
Medical Zoning Amendments:
1. For land uses Staff has expanded the area for retail development from the
original Old Hampden MU-B,2 corridor to includ e the area south of th e
medical campus stretching to Highway 285 between Logan and Eme rson
PIJl'lmni :mJ Z4,w,111f C«nm11'-•on Puhlt< H"'Mf C.« Of?OOf<.OJ 01.i •ZO~?OO't-01 Muy 5. 2(1()'1 fiuiji:.4 or Ill StreeL At the same time, 5taff has restricted the maximum size of retail per parcel 10 10,000 square feet in the spirit of the small scale retail that was envis ioned in the Small Area, Plan Polley document. 2. Hotel use has been added to the entire medical district area in support of the hospitals so that families of patients would have a place to stay in the area.
3 . New automobile uses have been removed from the corridor in the spirit of
the Small Area Plan Policy document Existing automobile uses can continue
lo operate, but in the future no new automobile uses will be allowed to come
into the district.
4. Setbacks have been made more flexible, creating a larger building envelope
and more flexib!lity for developers.
5. landscaping nas transitioned away from a residential suburban style to a
more urban style of standards similar to the Ml..,-8-1 and MU-B-2 Districts we
have today.
6. Pedestrian oriented designs have been Incorporated into the Amendments
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 friendly pedestrian
district and creating the opportunity for sidewalk cafes; forcing the parking to
locate primarily 10 th e 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 recommends to the Planning and Zoning Commission the following motions
concerning CASE #2008-03:
1. That residents, property owners, and business owners having personal
interests within and one block beyond the origina l Downtown and Medical
District study area boundaries were invited to participate as community
stakeholders in a review of the propose..: Medical Zone and Overlay District
concepts.
2. That two stakeholder meetings were held on November 12 and 13, 2008 in
order to present proposal~ for Medical Zone and Overlay District concepts
based on previous directions given by stakeholders documented in the goals
and objectives of the Englewood Downtown and Medical District Small Area
Plan.
3. That the proposed amendments related to the creation of the M-1 and I> 1-2
Zone Districts and the M-0-1 and M-0-2 Overlay Districts are consistent w th
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Plantun; and Zanmf Comrross,on Pubh< H<anns CIUC •lO0S-Ol and •ZO!\l{)()<)-01 Ml) S.20llll Pogd of lO the goals and objectives of Roadmap Englewood: The 2003 Eng lewood Comprehensive Plan. 4. That the proposed amendments related to the creation of the M-1 and M-2 Zone Districts and the M-O-1 and M-0-2 Overlay Districts should be adopted as part of Title 16: Unified Development Code of the Englewood Municipal Code.
CASE #ZON2009.01
Mr. Voboril presented proof of notification of the Public Hea rin i; published in the
Englewood Herald on April 17, 2009.
The Medical District area was initially identified in Roadmap Englewood: The 2003
Englewood Comprehensive Plan as a poten tial area of change for the City of Englewood. In
support of that vision the City of Englewood Community Development Department began
a Small Area Planning process In the fa ll of 2006 with the blessings of City Council. Five
thousand letters we re malled to all busines~ owners, property owners and residents within
the two districts invi ting them to participa te in a series of stakeholders mee tings. Three
hundred people registered to participate and approximately 150 people attended the
meetings. Al the stakeholders meeti ngs Staff gave a presentation on existing issues and
conditions found in the Medical District area . Staff then posed a series of questions to the
stakeholders concerning the areas they felt were areas of stabili ty and those that were areas
of change. Staff took that feedback and developed the vision, goals, and objectives .hat
were then incorporated In to the Small Area Planning Polley document which was then
brought before the Planning Commission in a Public Hearing. It was recommended for
approval to City Cou ncil and City Cou nci l approved the documen t by Resolution in the
spring of 2007. Soon after that Staff began to work on developing a rezoning boundary
area for the medical distri ct.
Staff had originally divided the area into six differen t sub-areas. Stakeholders were asked to
focus on each sub-area, look at the existing conditions and then comment on what areas
they felt we re a ppropri ate for change and which areas they did not want to see significant
change in. Staff th en developed a series of goals and objectives for each sub-area. Staff then
use d those goals and objec tives to create the boundaries for the rezoning area. Unce those
boundaries were developed Staff held a 5eries of Planning Com mission study se ssions
whe re those boundaries were discussed and slight modifications were made. Once the
boundaries were finalized Staff held public sessions with both the hospitals and with th e
stakeholde rs. Maps of the proposed boundaries were displayed and Staff askecl for
comments. There were no serious objections to the boundaries.
At this time, Mr. Voboril stated he would like to go over the relationship between the Sub-
a rea Goals and the Medical Zone Overlay Dislrict boundaries. Sub-areas of change
included Medical Sub-areas 1, 4 and 6. He referred to a large display map set up for the
PLmnmr .and Zonlni (11C11m 1..' .. ~ Pubhc Hc;mn& Clsc ,n:008-0) and ~ZON:?flO'J.I) I Ml) 5. 2009 Pocc 6 of IO Commtssioner's review. All of Sub-areas 1 and 4 hdve been 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 identifi ed as partia l Sub-areas of change. Medical Sub-area 3 Goal B states "Encourage limited change to Swedish owned properties immediately adjacent to Girard Avenue". This area Is designated in blue on the map and as M-O-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 limit the encroachment within the rest of the Sub-area. The boundary was
drawn to include only the first 100 to 150 feet of that Sub-area. Medical Sub-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 to protect the
majority of the residential area to the south. For the area they supported, Staff rezoned the
current MU-B-2 ;rnne as M-2 with the fi~t property Immediately to the south designated as
M-0-2, as an overlay district that would serve as a transition zone. Maximum height in this
overlay district would be 32 feet creating a nice transition between the business corridor
and the residential area.
Staff recommends to the Planning Commission the followin g motions concerning CASE
#ZON2009-01:
1. That residents, property owners, and business owners having personal
interests within and one block beyond the original Downtown and Medical
District study area bnundaries were invited to participate as community
stakeholde~ in a review of the proposed Medical Zone and Overlay District
boundaries.
2. That two stakeholder meetings were held on November 12 and 13, 2008 in
order to present proposals for Medical Zone District and Overlay boundaries
based on previous directions given by stakeholders docum en ted in the goals
and objectives of the Englewood Downtown and Medical District Small Area
Plan.
3. That the proposal to rezone an area of the City generally bounded by
Southlogan Street, East Girard Avenue, So1.th I afayette Street, and Little Dry
Creek, from MU-B-1, MU-B-2, MU-R-3-B, Pl'• .:-2-B, and R-1-C to M-1 and
M-2 Zone Districts, to establish areas in whic. Jr,plemen tal M-O· 1 and M-O-
2 Medical Overlay District regulations apply -r,d is consistent with the goals
and objectives of Roadmap Englewood: The 2003 Englewood
Comprehensive Plan.
4. That the proposal to rezone an area of the City generally bounded by
South.Logan Street, East Girard Avenue, South Lafayette Stree t, and Little Dry
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Pl 11nnins and Zonin$? Comm1sf1on Public HC';lnng ,.,. •2oos-0; ooo •zo,:009-01 Mai 5, 2()0Q P11< 'of 10 Creek, from MU•B·l , MU-B-2, MU·R·3·B, PUD, R-2-8 and R-1-C to M-1 .1nd M-2 Zone Districts, to establish areas in wh ich supp lemen tal M-O· 1 and M-O·2 Medical Overlay District regulations apply and should be adopted as an amendment to the Official Zoning Map of the City of Englewood . Mr. Voboril offered to answer any questions the Commission may have.
Mr. Roth said for the record in Zone District #3, the Commission had ~n objective in the
Small Area Plan which said "Discourage further hospital expan~ion beyond the current
hospital owned properties north of Girard Avenue•. As noted at the last Planning and
Zoning meetin g that objective has not been met because of continuing to allow hospital
use in the MU-R-3-B zo ne district. He said if I am readi ng the tables correctly, if someone
were to accumulate 24,000 square feel of property north of the M-O-1 zone distri ct they
could build to 60 feet and have a hospital use.
Mr. Voboril said at this time that is correct. He stated the plan, at this time, is that a Phase 11
process would need to be done in the future after th ese Medical Zone Districts are
approved. Regulations for th e MU-R,3-B would need to be revisited and at that time Staff
would make the necessary changes that woulrt protf'rt those areas from encroachment
from hospital campus uses .
Vice Chai r Knoth sta ted the Commission discussed having separate columns for M-O-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.
Mr. Welker said he was glad Mr . Roth 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 are currently sitting in the
wings waiting for this change lo take place. Mr. Voboril sai" there was someone looking al
the northwest corner of Highway 285 and S. Clarkson Street for a hotel type of use.
Vice Chai r Knotl1 thanked Mr. Voboril fo r his presentation.
Vice Chair Knoth asked Ms. Perry-Smith to come to the podium .
PUBLIC TESTIMO NY (Bo th Cases)
Ms. Debbie Perry-Smith was sworn in. She thanked the Planning and Zoning Commission
for the opportunity to speak in favor or both cases tonight. She stated she and her husband
have been property owners in Englewood for almost 20 years. She said they completed a
pioneering project last year at 960 East Hampden Avenue and really likes the direction the
City Is going. Old Hampden ls a gateway to Englewood through the Medica l District. She
stated she has been very much involved in this process and attended the stakeholder
rl;:mnm~ •Mi 2A.1ft1n; Cm,mt\S~I rubh~ H'-'llnng Case A'!UOII-OJ und lt/..ON:!009-01 Moy 5, 20(~► P,gc 8orl0 meetings since day one. She said she would like to set! the City expand the boundary where th e step down is allowed. That area definitely lends itself to more projects like 960 East Hampden Avenue. She thanked the Commission for thei r time. Welker moved: Krieger seconded: THE PUBLIC HEARING ON CASE #2006-03 AND CASE
#ZON2009-01 BE CLOSED
AYES:
NAYS:
Knoth, Roth, Welker, King. Krieger, Calonder, Fish
None
ABSTAIN : None
ABSENT: Brick, Bleile
Motion carried.
Krieger moved:
King seconded: CASE #200/HJJ, AMENDMENTS TO TITLE 16: UNIFIED
DEVELOPMENT CODE OF THE ENGLEWOOD MUNICIPAL
CODE RELATED TO ESTABUSHING NEW MEDICAL ZONE (M-1
AND M-2 ) AND MEDICAL OVERLAY DISTRICTS (M-0-1 ,._ND
M-0-2}, BE RECOMMENDED FOR APPROVAL TO QTY
COUNOL WITH A FAVORABLE RECOMMENDATION FOR
ADOPTION.
Vice Chair Knoth asked th e Commission for comments.
Mr. Welker said this process has Invo lved a lot of work for many years. He said he believes
the Commission is doing the right thing. Maybe the fact that there is not a lo t of public here
tonight means that the outreach has been successful and the planning has been good. He
commended the City Staff for that
Ms. Krieger added that the Commission is probably moving in the right direction. She said it
is particularly gratifying to see how faithfully Mr. Voboril has worked with the issue and to
make sure the Commission followed the Comprehensive Plan initially to get the Sma ll Area
Plan into this form. She said that's awesome and that's the way it is suppose to work.
Mr. Welker said he would like to add to Mr. Roth's comment; we still have some issues to
work on. One of them is establishing some protection between the Overlay Districts and
th e residential dist ricts that they are a part of. The bigger concern Is parking regu lations,
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wh ich th e Commission has no t reso lved even though we have discussed an d studied It at •
several study sessions. Further discussion is needed regard ing parking and landscaping.
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Planiunt ud Zoning C«nmlSSloo Pubhc Haring C... •2008-03 ,..i •ZOX:!009.0l Ml} S. 2009 P11<9 of 10 Mr. Fish said he has lived in the area for 25 years and walked the streets many, many times, mostly fo r pleasure. He stated he is excited to see these zoning changes take place because he feels the area has stagnated In some areas. This will provide the opportunity fo r deve lopment along the right tracks . He fee ls it is In line with what th e City wants to do and we need to stimula te 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 things that need to be maintained in the surrounding area .
AYES:
NAYS:
ABSTAIN:
ABSENT:
Knoth, Roth, Welker, King. Calonder, Krieger, Fish
None
None
Brick. Blei le
Mr. Roth vote d yes, but wanted to express tha t the Co mmission needs to see th e miss in g
issues soone r rather than later.
Motion carried .
Fish moved :
Roth seconded: O.SE #ZON2009-01, AMENDMENTS TO THE OFFIOAL
ZONING MAP TO REZONE AN AR&-. O F THE CITY
GENERALLY BOUNDED BY SOUTH LOGAN STREET, EAST
GIRARD AVENUE, SOUTH LAFAYITTE STREET AND LITTLE DRY
CREEK FROM MU-B-1, 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 IN WHICH SUPPLEMENTAL M-0-1 AND
M-0-2 MEDICAL OVERLAY DISTRICT REGULATIONS APPLY, BE
RECOMMENDED FOR APPROVAL TO CITY COUNCIL WITH A
FAVORABLE RECOMMENDATION FOR ADOPTION.
Vice Chair Knoth asked if there wa s any discussion. There was not. The Vi ce Chair called
for a vote.
AYES :
NAYS:
ABSTAIN :
ABSENT:
Knoth, Roth, Welker, Ki ng. Calo nder, Krieger, Fish
None
None
Brick, Bleile
Motion carried .
PIJm ~ -Ltdlnnrnr l"umnu, MIQ Puhho lf~:'ln~ C:i•W Jr~IIC)!ro..Qj mul ff/0\:?IJCl'l,Ul Mu, S, 21~,., l\,~e 10 o" 10 Ms. 1-.riegcr thanked Mr. Vobori l for all his hard work; he's done an excellen t job and really was responsive to the Co mmission's concerns and the stakeholder's concerns. He really tried to make sure that Staff met everyone's varying ideas of what shoul d happen as best.he could. As Mr. Welker said, the Commission has wo rked long and hard on th is issue and appreciates things being carri ed through. She said in her time on the Commission she has seen numerous plans come forward, but we never get to the implementation strategies. It is really wonderful to see th at happening. She said kudos to Mr. Voboril and Director White
for keeping th e priorities In place. M r. King seconded that.
IV. PUBLIC FORUM
There was nothing further lo report.
V. DIRECTOR'S CHOICE
Director White congratulated M r. Voboril and the Commission on a job well done.
VI. STAFF'S CHO ICE
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Dir ector Whi te noted the next meetin g wil l be held on May 19. 2009 an d the
Commission will continue the landscaping amendments discussion . •
VII. ATTORNEY'S CHOICE
Ms. Reid had nothing to report.
VII I. COMMISSIONER'S CHOICE
The Commissioners had nothi ng further to report.
The meeting adjourned at 7:51 p.m.
E!.irbara Krecklow, Recording Secretary
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• CITY OF ENGLEWOOD PLA NNING AND Z0N l f'1 G COMMISSION
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IN THE MATTER OF CASE #ZON2 009-01, FINDING S OF FACT, CONCLUS IONS ANO RECOMMENDATIONS RELATIN G TO THE AMENDMENT TO TH E OFF ICIAL ZO NING MAP TO REZO NE AN AR EA O F THE CITY
INITIATED BY:
COMMUNITY DEVELOPM ENT
DEPARTMENT
1000 ENG LEWOOD PARKWAY
ENGLEWOOD, CO 80110
FI ND ING S O F FACT AN D CONCLUSIONS OF THE CITY PLANN ING AND ZONIN G COMM ISS ION
Commission Membe rs Present: Krieger, Ca londer, Fish, King, Kno th, Roth, Welke r,
Kinton
Commission Members Absent: Brick, Bleile
This matter was heard before the City Planning and Zoning Commission on May 5, 2009 in
the City Council Chambers of the Englewood Civic Center.
Testimony was received from staff and the public. The Commission received notice 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 of the Public
Hearing,
Afte r cons idering th e statemen ts of the witnesses, and reviewing the pertinent docu ments,
the members of the City Planning and Zoning Commission made the following Findings and
Conclusions.
1.
FINDI NGS O F FACT
THAT the Public Hearing on the Amendments to the Official Zoning Map to Rezone
an area of 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, M U-R-3-8, PUD,
R-2-8 and R-1-C Zone Districts to M-1 and M-2 Zone Districts; and to establish areas
in which supplemental M-O-1 and M-O-2 Medical Overl ay District Regulations apply
was brought before the Plann ing Commission by the Departm ?nt of Commun ity
Development, a department of the City of Englewood.
2. THAT notice of the Publi.:. Heanng was published m the Englewood Herald on April • 17, 2009. 3. THAT residents, property owners, and business owners having personal interests within and one block beyond the original Downtown and Medical District study area boundaries were invited to participate as community stakeholders in a review of the proposed Medical Zone and Overlay Distri ct boundaries. 4. THAT two stakeholder meetings were held on November 12 and 13, 2008 m order to present proposals for Medical Zone and Overlay boundaries based on previous
directions given by stakeholders documented in the goals and objectives of the
Englewood Downtown and Medical District Small Area Plan .
5. THAT the proposal to rezone an area of the City generally bounded by South Logan
Street, East Girard Avenue, South Lafayette Street, and Little Dry Creek, from MU-B-
1, MU-B-2, MU-R-3-B, PUG, R-2-li and R-1-C to M-1 and M-2 Zone Districts, to
establish areas in which supplemental M-0-1 and M-0-2 Medical Overlay District
regulations apply and is consistent with the goals and objectives of Roadmap
Englewood: The 2003 Englewood Comprehensive Plan,
6. THAT the proposal to rezone an area of the City generally bounded 1:,y South Logan
Street. Ea~t Girard Avenue, South Lafayette Street. and Little Dry Creek, from MU-8-
1, Ml1-B-2, MU-R-3-8, PUD, R-2-B and R-1-C to M-1 and M-2 Zone Districts, to • establish areas in which supplementa l M-0-1 and M-0-2 Medical Overlay District
regulations apply and should be adopted as an amendment lo the Official Zoning
Map of the City of Englewood.
CONCLUS IONS
THAT the Public Hearin;; on the Unified Development Code Housekeeping
Amendmen ts was brought before the Planning Commission by the Department of
Community Development. a department of the City of Englewood.
2. THAT notice of the Public Hearing was published in the Englewood Herald on April
17, 2009.
3. THAT all testimony received from staff members and the public has been made part
of the record of the 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 of the proposed
Medical Zone and Overlay Dist rict boundaries. •
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5. THAT two stakeholder meetings were held on November 11 and 13, 2008 in order to present proposals lor Medical Zone and Overlay district boundaries based on previous directions given by stakeholders documentedin the goals and objectives ol th e Englewood Downtown and Medical District Small Area Plan. 6. THAT the proposal to rezone an area ol the City generally bounded by South Logan Street, East Girard Avenue, South '.afayette Street, 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·l and M-2 Zone Districts, to establish areas in which supplemen,.11 M-0-1 and M-0-2 Medical Overlay District
regulations apply and is consiste1.: with the goals and objectives ol Roadmap
Englewood: The 2003 Englewood Comprehensive Plan.
7. THAT the proposal to rezo .... r, area of the City generally bounded by South Logan
Street, fast Girard Avenue, ~:,,,.'> Lafayette Street, and Little Dry Creek, from MU,8-
1, MU-B-2, MU-R-3-B, PUD, R-2-B and R-1-C to M-1 and M-2 Zone Districts, to
establish areas In which supplemental 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.
DECISION
THEREFORE, it is the decision ol the City Plann in g and Zoning Commission that Case
#2.0N2009-01, Amendment to the Official Zoning map to rezone an area ol 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 and Zoning Commission on May 5, 2009, by Mr. Fish, seconded by Mr. Roth,
which motion states:
AYES:
NAYS:
ABSTNN:
ABSE NT:
CASE #ZON2009-0l, AMENDMENTS TO THE OFFICIAL ZONING MAP
TO REZONE AN AREA OF THE CITY GENERALLY BOU/\ JED BY
SOUTH LOGAN STREET, EAST GIRARD AVENUE, SOUTH LAFAYETTE
STREET AND LITTLE ORY CREEK FROM MLJ.B-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
DISTRICTS AND TO ESTABLISH AREAS 11·1 WHICH SUPPLEMENTAL M-
0-1 AND M-0-2 MEDICAL OVERLAY DISTRICT REGULATIONS APPLY,
BE RECOMMENDED FOR APPROVAL TO CITY COUNCIL WITH A
FAVORABLE RECOMMEI\ JATION FOR ADOPTION.
Fish, Knoth, Roth, Welker, King, Calonder, Krieger
None
None
Brick, Bleile
Mot.ion carried
These Findings and Conclusions are effective as of the meeting on May 5, 2009. BY ORDER OF THE CllY rLANNING & ZONING COMMISSION Chad Kno th, Vice Chair •
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ORDINANCE NO. SERJES OF 2009 BY AUTHORITY ABll.LFOR COUNCll. Bll.L NO. 2S OORODUCED BY COUNCll. MEMBER ____ _
AN ORDINANCE AMENDING IDLE 16, OF TilE ENGLEWOOD MUNICIPAL CODE 2000
PERTAINING TO THE UN!FJEi) DEVEWPMENT CODE 2008 CREATING A NEW MEDICAL
ZONE DISTRJCT.
WHEREAS, the Englewood Unified Dcvelopm.:nt Code (UDC) was adopted in 2004, as the first
comprehensive zoning code update since I 98S; and
WHEREAS, the Englewood City CoWICU made economic development a IOp COWlcil goal in 2006; and
WHEREAS, the Medical Zone and Overlay District Amendments to the Unified Development Code
(UDC) rezones property to establish more development-friendly regulations in the immediate vicinity of
Swedish Medical Center and Craig Hospital to take advantage of development interest in the area; and
WHEREAS, the Englewood Planning and Zoning Commissiv~ n:commcnded approval of these
amendments at its May 5, 2009 Meeting;
NOW, THEREFORE, BE IT ORDAINED BY 1llE CITY COUNCll. OF THE Cm' OF
ENGLEWOOD, COWRADO, AS FOLWWS:
~-The City Counc il of the City of Englewood, Col.irado hereby authorizes amending Title
16, Chapter I, Section 8, Subsection E(2) of the Englewood Municipal Code 2000, by tbe udd11ion of two
new paragraphs c and d, 10 read as foUows:
16-1-8: Offici al Zone District Map .
A. Necwity for DlstriCJ Desigru,tion. It is the intent of '.his Title that all land within the boundaries of
the Cuy of Englewood shall be located within one of the zone districtS enumerated and listed in
Oulptm 16-3 EMC. 11; for any reason, any i.,nd within the boundaries of the City shall be
de1crmined not to be within one of the aforesaid districts, no permits shall be issued for the erection
or alteration of any builo;,,~ or structwe in the nrea fo und wanting classification until the area bas
been examined by the City Planning and Zoning Commission and the (:ity Cowicil and a zone
classification enacted and established thcmn. Action to mne land to the appropriate zone
classification shall be compleled by the Cuy within nine1y (90) days from the cfl'ecuve d..,c of the
annexation ordinance, or from the date of such 01 hes final action that rendered lhe area 10 be without
proper zone classification. In dctcnnining the zone classification to bs ooplio.d to land, the City shall
evaluate the physical dwacteri stics of the land and the development in the adjacent ma and sba!l
consider the plans for development of the sue sub mined by the owner of the property to be zoned.
B. Adoption of Official Zoning Map. The zone dcsign~tions and the boundaries of the zone districts
shall be shown upon maps adopted by Ordinance No. 5, Series of 2003/2004 as amended. and made a
1
pan hereof, and collectively shall constitute the Official Zoning Map of the Cuy of Englewood. Said • Map and all of the not.1tions, references and other information shown thereon are as much a pan of this Title as if the matters and information set forth by said Map were fully described herein. For clanfication to and the convenience of the public, a represcnutive copy of said Map and the amendments thereto, shall be on display in the City of Englewood. The City Clerk shall mainuin a true copy of said Map and lhe amendments thereto. C. Amendments 10 Official Map to be Documented. All amendments to the Official Zorung Map shall be listed in the order adopted in a separate register maintained in, and kept current by, lhe City and in addition, such amendments shall be shown on the true copy maintained by the City Cleric.
D. District Regulatior< 10 be Uniform . The regulations herein established &ball apply uniformly 10 all
b..Ographical areas having lhe same district classifica1ion and bearing lhe same designation on the
official map.
E. Localillg Bow..,,.ri,s of'Zone Districts.
I. General Rules. Ir, dctc:rmioing the boundaries of zones shown on the map, the following rules
shall apply:
a. Unless otherwise indicated, the m oe boundaries are the centerlines of streets, alleys,
parkways, or cbanneliud waiciwa)IS. or such lines extended. Where a district boundary line
is shown as adjoining a railroad rigi,t-<>f-way, said line shall be deemed to coincide wi lh the
boundary line of such railroad right-<if-way.
b. If a district boundary line extends in the direction of tbe length of a block, the district
boundary line shall be deemed to coincide with the centerline of such block.
c. If a district boundary line is shown as approximately followi ng platted lot lines, said
boundary line shall be deemed 10 coincide with such platted lot lines.
d. If a district boundary line divides a plaued 101 or crosses unsubdivided property, the location
of the district boundary line shall b,e determined hy dimensions shown upon the zoning map.
e. If a district boundary line is sbcwo by a specific dimension, such specific dimension shall
control.
f. If a district boundary line is located with reference to a fixture or ruonumcnl, the location of
such fixture or monument shall control.
g. If the streel layout or stream course actually on the ground varies from the layout as shown
on the map, the City Planning and Zoning Commission shall intclJ>ret said Map according to
lhc-reasonable intent of this Title.
h. In the eveo1 • Julicated strcel or aliley shown on the map is vacated by ordinance, the
propeny formerly in said street or al ley shall be included within the mne of the adjoining
property on eitter •ide of said vacated strc:CI or alley. In the event said Strc:CI or alley wu a
mnc boundary •t1ween rwo (2) or more different woes, the new zone boundary 1hall be the
former centerlirc of said vacated Sl1'CCI or alley.
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Excep1101, Tiie re!_!Ulauons herein established shall appl) unifomli) 10 all ict\i,'Ttlplucal areas ha\1ng 1hc same dis1nc1 cJass,ficauon and bcanng the ~amc dcs1gna11on <>n l hc official mor: provided. however. 1hat ,r a d1s1nct boundll)• line established by !Ins Tule, or by an amt11dme111 herc10, d"·,des an area or land held in one ownership of record on the date the disuirt boundal') line was csiabhshcd, then and tn that e\'ent: a lDnd Under Onr 011 ·ncrsh,p Hawng Les, Tlran E1srhrcen Tlroi«and Square· .< ,et (I ) Each pon1on of land in 1hc area so di,idecl may be used in co· om1~nce wi1h and subject to the regulations herein established for the district in ,1iech ,ach ponion or
land is located ,
(2) The en11re parcel of land may be used in confonnancc wtlh, and subJCCI to, the
regulations herein established for the district m which is located the ponion of land
which contains more than onc-half(l/2) of the entire area held in one ownm ip
b. Land Under One 0..Tiership Having More Than Eighteen Thousand Square Feet. Any
parcel of land containing more lhan eighteen thousand (18,000) square feet. shall be used
only ID confonnancc with and subJec.t 10 lhe regulations herein estabhsbcd for the mnc
districts in which each ponion of the parcel falls.
,. Afallcal ffinc Diuriccr lo cus§ where an assembl11,; of "!l _g;;·• • .Jmdcr one owrn;uhip ia
121it bv a rooine MundP:D' d.ividins the M·l and M·2 mus dl -~1hs emirs 2roPSTti sbaU
be develoPS! 8AA9rdios 19 the CS9YirSPSU$ for th, M·2 mns diWJCt »?lh tbs CXGSPtion !hat
1be firs1 floor retail PPnion of the s1rugw;e WU hs copfincd 10 the oriWnal M-, roned
oooioo of the prppgty .
~-M·O·' Medical Qrsclav Dirta'ct Pmnenies located within ths M-O-' M@icai Overlnv
Pim:ist acs wiuircd 10 devslon uruler@ll R-?-B base zoo, district rsm&lotioos unlsu tbs
prppgty is derslnos4 n nan ofa lores d®IPPmen1 mcludinz adiaccnt amnertY moe4 M·.,
fipptmg on Hampden AYSiDYt In ruch I r,a;;;, the CJUiC£ prppqty shall be dcyslgped
occordinz to ths reau1temcnts for theM-" zone d1strict with the exccntioo that ths first 02or
retail oortion oC tbe structure shall be confined to tbs oricinal M-' zoned nonion of the
~
~-The Ctty Council or the Ctty orEnglew,
16. Chapter 3. Subsection I (A) "E.<toblishment of Base
Code 2000 10 read as follows·
C'ol~r,~n hereby authonzcs amending 1 ,tic
nmg D1s1nc1s" of Ille Englewood Municipal
16-3: Z.ONE DISTRICTS I £-3-1 : General Provisions. A. Establishment of Base 7.oning Districts The folloWlllg bast zoning districts are hereby established: 4"#& a Residential One Dwelling Unit Districts
R-l•A A large lot size, one dwelling unit residential district
R·l•B A medium lot size, one dwellinz u.nit I csidentlal district
R-1-C A small lot siu one dwelling unit residential zone dlStrict
Residential One and Multi-Dwelling Unit Dlltric:ts
R-2-A A low-density one and mu.Ill-dwelling unit residential zone district
R-2-B A medium-den11ily one and multi-dwelling unit residential zone district
Mixed-Use Rc1idcnti1H/Llmited omco-Rctall Districts
MU-R-J.A A low-density residential and (united office zone dlJtrlct
MCJ.R-J.B A medium to higb dellllty r esidential and limited office zone district
MiJSd·lJIC Mc41sel PIUddr
A rolJGd .. ,n, mrdisel effisr end bieh dCPlilY [£$idcnUol MOC diHrkl
A mlJcd-usc mrdisel amsr hleh drolih' rcsldcotiel end Umitrd nteil zone
~
Mixed-Use Commtrcl1I Districts
A mixed-Uk crutral butinoss zone disbid
MU-B-2 A general ar~ ,rial business zone district
TSA A mind-use dis.trlct Intended for land uses adjacent 10 light rail transit stations
lodustrla, •lstricu
1-1 A light industrial zone district
1-2 A general industrial zone district
Special Purpose Districts
PUD Planned Unit Development
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B. Rclatlons/11p of Bau D,stricts ro Overlay D/,ftricrs. Lands within the Ci1y may be cla ssified into one of the base :zoning dimicis, as described above, and may also be classified as an overlay distric1 (Sec. for example, Chap1cr 164 EMC, "Flood Plain Overlay Dmnct. ") An overlay distnct 1s a land use classificauon lha1 hes aver lhe base :zoning allowing for addiuonal uses and dcvelopmen1 standards different from the base :zoning. Where the propcny is classified in an overlay dis1ric1 as well as a base :zoning distric1, then the regulations governing development in the overlay distric1 shall apply in add11ion 10 the rcgulauons governing developmen1 in the underlying district. In the event of an express conflict between the swidards governing a base distnct and those govcrnmg an overlay distnc1, the s1andards governing 1he overlay dis1ric1 shall con1rol.
~ DcuriRtlPP
:....1::. ''"'"'''"'--'""'"'"' R·H >1111ai01o'II ..,,,,_
I uw. 11U11· omw ,m,m
~ A medical overtax district so►roo e a oonion of the MU-R-l-Q baJc residmtial zgn;
C. Complianct ,.,th District Standards. No building or StNcturc shall be erected, convent.<!, enlarged,
rcconstruc1ed, or allcred for use, nor shall any land, building, or s1rUc1Ure be used or changed, exccp1
in accordance wilh the roning distric1 regulations of this Chap1er 16-3 EMC, the use rcgula1ions of
Chapter 16-5 EMC, the~ .. dopmcn1 standards of CbaplCJ 16-6 EMC, and all olher applicable
rcgula1ions of this Title.
Sec1ion 3. The City Council of the Ci1y of Englewood, Co lorado hereby authonzcs amending Tille
16, Cbap1CJ 3. Subsection 2 "Distnct Chanc1crisucs" and 16-3-2(A) "Rcsidenual D1s1ncu·· of the
Englewood Municipal Code 2000 to read as follows;
I 6-3-2: District Characte ristics .
One of the goals of the Cil)• is to encourage a ,'lUicty of housing 1ypcs to meet the needs nf differing
income levels and varying household s1rUc1ures. The rcgula1ions for these districts are designed 10
s1abilizc and prolect the essential charac1eristics of the disuicis. 10 allow for cenaln condi1ional and
lirni1ed uses tha1 arc controlled by specific limitauons governing the impact or such i:ses, ~nd 10 promote
a compatible neighborhood environmen1 .
A. Rcsidcmial Districts. The purposes of lhe residential base zoning districts arc set forth below. The
allowed uses and use-specific standards for each of the districts arc set forth in Clulp1cr J 6-5 . All
uses shall comply vmh the gcncnal dimensional standatds set forth in Section 16-6-1 EMC.
I. R-1-A, R-1-8, and R-1-C: One dwelling unit residentia l dis1ric1s . The R-1 dis1ric1s primurily
consis1 of one dwelling unit rcsiden1ial neighborhoods. Each d1suict is defined by ilS
dimensional requirements for dcvelopmcn1 of a smgle lot, such as 101 s,:z.c, lot frontage ,
se1backs, etc . Multi-unn dwellings arc no1 allowed in these disuicts.
2. R-2-A, R-2-8 : One and Multi-Dwelling Uni1 Residential Disuic1s. The R-2 d1suic1s provide
a range of housing types between lbc low-density one-uni1 areas r.nd the high-density multi-
uni1 areas. The 1Wo (2) 1.0nc districts allow for a rnixrure of onc-unil dcvclopmen1 with low
and medium density mulli-unh housing developments .
5
MU-R-3-A. MU-R -3-B Mixcd-t;sc Rcs1dcnual'l.11n11cd Office D,sincu The MU-R-3 d1sincts are COmpo$ed of !hose areas 1ha1 arc conduc,,·e 10 low. med,wn. and lugh-<lensuy residential and hm11cd office de,·elopmcnt of a cha111c1cr unlikely to develop a conccn1111uon of traffic and people. To these ends, these districts arc pro1cc1ed agnins1 the encroachment of general industnal uses nnd cenain commercial uses B. Mixed-Use Commercial Disincu. The uses in these distncu arc primarily commercial in , ., .re, and the res1den1ial development is incorporated 1n10 the retail businesses, such as fim Door r • .:ill second floor residen1ial. One-unil dwellings arc no1 permined in these districis.
1. MU-8-1 : Mixed-Use Central Business District. This distnct 1s a 011xcd-US1-J,.:•i-•. • ,_,,
applied 10 the central business sCCl1on of Englewood. The district is designed 10 -c. au
enV110nmcn1 having wban chatacteristics within a relatively small area of land lhrouJ!A Jie
cl05e proximi1y of activities and increased social and cuhural opponunities . The uses wi1hin
this district are lhose that provide retailing and penonal services to resldcnis of the Chy anj
lhe surrounding area. and are compatible 11•ilh adjacen1 dcvelopmen1. In ord-r 10 make lhe
central business district viable twemy-four (24) boun a day, and DOI just duung the
ltaditional business hours, medium and high-<lcnsity residential uruts are permitted.
2. MU-B-2: Mixed-l e Arterial Business District. This district is composed of ccnain land and
structures used primarily 10 provide retailing and personal services 10 lhc residents of the
City and surrowiding area and urban residential IISCS, The M\l·B-2 district is IISUal.ly lcx:ated
on major access routes and is easily accessible from the slllTOWlding residential area which ii
serves.
3. TSA: Transi1 Sta1ion Area. This d1stnc1 1s a mixed-use dis1ric1 in1ended 10 ensure o divene
mix of uses within convenient walking disUlllce to Regional Transportalion District (RTD)
ligh1 rail stations m the City of Englewood. The district encourages appropria1e residential
development pauems with suflic1cn1 density to suppon uansil use nnd neighborhoods for
residents, as well as commercial retail uses to serve the shopping and service needs of district
residents, employees, and commu1ers ,
~-M· t · Mixed Use Medical Office and HiRb Pcnsitx Rstidemial District This district
aHPW$ bmoitals nod medical uw H wsn os venal offisc hish dwitv rsidrntiaJ and
hmds as PriWACY IADd USS$
2. M-2 · Mixed-Vis Medical Office H,sh Densm: Resident1al and Limn@ Reail Pis1ci ct
Iw..dictrict allows hosoitals and medico! uses as well as seneral office hivh dsoshv
residenunl hotel! nod limited woil n nrimarY lnnd uses .
C. lndustnal Districts. The industrial districts allow for cenain uses that arc inappropriate in other
zone districts due 10 the impacts associuled with their openuion, such as noise, din, dust, hours of
operation, unsightly condi1ions. traffic, and ou1door storage of equipment and materials. The I
districts should be loca1c.d near major roadways and truck rou1es so that traffic generatt.d from the I
distric1s will not negatively affect the residential streets in the area.
1-1: Llpit Industrial District. This district is in1cnded 10 provide for ha 'lllufacturlna and
indu...-trial uses, and for warehousing and wholesaling uses of a lunited ,. .re :ind size that do
not create appreciahle nuisances or hazards.
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2. 1-2 : General lndus1rial District. This district JS intended 10 pro,1de fa, industrial an d manufa cturing uses tha1 are more inlense in nature than !hose i11 •• e lighl industrial dis1rict . D. Speci al Purpose Districts . 1. PUD : Planned Unit Development Distric1. The PUD district is in1ended as an alternative 10 conventional land use regulations . The PUD districl combines use, density , design, and Zoning Site Plan considerations into a single process , and substiru1es procedural protections for many of lhe substantive requirements of lhis Title. Desigru!ll,m of a PUD district shall comply wilh the procedural requiremen1s of Section 16-2-·; H1L
,. M-0-1 · Medical Oveclav District This overlav district covers a oonion of the MU-R-3-B
base residential roos district that retains the hue district neootucd land use and residential
densitv ceouicments but substitutes Medical Zone District Im dimrnsion aarkina and
landssaninR reguiremsuts io HYPP9rt of msfic.al diwict develtinm. .. JU.
l. M-0-2 · Medical Overlay District This owlav dist-cict covers a nortion of the R-2~B base
residential woe district ond allows a WPP® the option to develon uod;r R-2-B rwlatioru;
or uodst M-2 regulations when it is included as Part ofa larger adiacent M·2 mned site with
street fmotage on Hamoden Avenue Retail use shall he prohibited in the M:9 -2 overlay
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Sectjon 4. The City Council of lhc City of Englewood, Colorado hereby aulhorizes amending Title
16, Chapter 5, Section 1, of the Englewood Municipal Code 2000, lo read as followc:
16-5-1: Table of Allowed Uses.
Table 16-5-1.1 below sets forth the ca1egories and 1ypes of uses allowed within lhe respective zoning
districts .
A. Explanation of Table Abbreviations.
1. Permitted Uses. A "P" in a cell indicates that the use 1ype JS pennitted by right in the respec tive
zoning district. Pennitlcd uses are subjecl to all olhcr appli ca ble regulat ions oflhis Tille ,
including lhe developmcnl s1andards set forth i11 Chapter I 6 b EMC .
2. Conditional Uses. A "C" in a cell indicates thal lhe use type is allowed only if reviewed and
approved as a conditional use subject to a public bearing, in accordance with the conditional use
review procedures ofSec1ion 16-2-12 EMC.
3. Accessory Uses. An "A" in a cell indicates that the use type is allowed only as incidental to lhe
principal use on a site; see Section 16-5-4 EMC for regulations governing accessory uses .
4. Limited Uses. An "L" in a cell indica1es the use type is generally appropriate in lhe zoning
dis1rict, yet may have the potential for limi1ed impacts on adjacent properties or on the charac1er
of the district The.e uses are subjecl to an administrative review that grants the City the
aulhori1y 10 impose conditions on the specified use 10 mitigale potcnlial impacts . See Section 16-
2-13 .
7
5. Temporary Uses. A 'i" in a cell mdica1cs the use type 1s allowed oaly r, limned duration. See • Sccuons 16-2-14 and 16-S-5 EMC, for rcgulat,ons govenung tcmporv)' uses . 6. l'rohibited Uses. A blank cell indica1cs 1ha1 the use typc is prohibi1ed in the 1.0ning district . 1. Additional Regulation.,. Regardless or whether a use category is pcnnlucd by right or as a conditionrl , accessory, limi1cd, or 1emporary use, there may be additional rcgula1ions tha1 arc applicable 10 a specific use. The existence or these use-specific regulations is noted through a rcrerencc in the last column or the use summary table entitled · ,;ddttional Regulations." References refer to subsections or Section 16-5-2 EMC, "Use-Specific Standards." Such
standards apply to all dlstricu unless otherwise specified
B. Unlisred Uses.
I . Procedure/or Approving Unlisted Uses. Where a particular use category or use type is DOI
specifically allowed under thb Title, the use category or type may be permitted by the Ciiy
Manager or designce upon I finding that the criteria of subsection B.2. below are met. The Ciiy
Manager or designce shall give due COD!lideration to the intent or this Tille concerning the
district(s) involved, the chancier orthe uses specifically identified, and the chanicter of the
use(s) in question.
2. Criteria for Approving Unlisted Uses. The Cil)' Manager or designee may allow an unlisted use
(permined, conditional, limited, accessory, or temporary) in the :zoning district if be finds that the
proposed use has an impact that is similar in nature, function, and duntion to the other uses
allowed in a specific :zonina district In making such finding. the Ciiy Manager or designee shall
assess all relevant chanictcristics of the proposed use, including but cot limited to the following: •
a. The volume and typc of sales. retail, wholesale; size and typc of items sold and nature of
mventory on the premises;
b. Any processing done on the prcmiscs, including assembly, manufacturing. warehousing,
shipping, distribution; any dangerous, hazanlous, toxic, or explosive materials used in the
processing;
c. The nal\JJ"c and location of storage and outdoor display or merchandise; encl ..... • open, inside
or outside lhe principal building; and predominant types of hems stored (such 11.S business
vehicles, work-in-process, inventory, and merchandise, construction materials, scrap and
junk, and raw materials including liquids and powders h.azardous or not);
d. The type. size, and nature of buildlngs and structures;
e. The number and density of employees and customers per unit area of site 10 relation to
business hours and employment slufu;
( Transportation requirements. including the modal split for people and freight, by volume typc
and characteristic of tra.flic generation to and from lhc site, tr:,• purposes •ad whether trip
purposes can be shared by olher uses on the site;
g. Parking requircmenu, turnover and generation, ratio of the number of spaces required per unit
area or activity, and tho potential for shared parking with other uses ;
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h. The amount and nature of any nuisances generated on the prcmues, i~cludmg but not limited 10 noise, smoke, odor, glare, v,bration. radiation and fumes; i. /\Jly special public utility rcquircmcnLS for serving the proposed use. including but 001 hmitcd 10 water supply, waste waicr, pre-treatment or wastes and emissions required or recommended, and any significant power suuc1urcs and communications towers or facilities; and j . The impact on adjacent properties created by the proposed use will not be greater than WI or other uses allowed in the zoning district.
3. Effects of Finding by the City Manager or Duignee.
a. Typical Uses: Added 10 this Title:
(I) The City shall initiate periodic amcndmcnLS to this Title if the City Manager or dcaignee
fmds that the particular llSC or class ofusc(s) is Ukcly to be common orto recur
frequently, or WI omission of specific inclusion and reference to this Title is likely 10
lead 10 public uncertainty and confusion.
(2) Until final action has bccc taken on sucb proposed amendment, the dctc:nnination of the
City Manager or dcsigncc shall be binding on all officers and dcpartmcnlS of the City.
b. Atypical Uses: Determination Binding. In making a detcnnination whether to approve an
unlisted use, the City Manager's or dcsignee'a determination shall thereafter be binding on all
officcn and dcpanmeoLS of the City, without further action or amendment of this Title, if the
City Manager or des ignee finds the particular use or class ofuse(s) is of an unusual or
transitory nature, or is unlikely to recur frequently.
c. Appeals. Appeals of decisions to approve or deny unlisted uses shall be appealed 10 the
Commission.
9
16-5-1: Table of Allowed Uses. (Continued) C. Tab/• of Allowed Uses.
Groupl..mna Group living 16-S-• r.dlity, C C i;; i;; p p 2.A.I lqo',pec,al
16-S-Group living p p p p p p p t t p p p 2.A.I facility, small
Sm•ll 16-5-C C i;; ' p p 2.A.I -~•anent
16-S· Household t f p p L L 2,A.2
p 16-S-
2.A.)
16-S-
2A4 Multi-unit p p p f t p p p 16-6-dwelling
l.C.◄
16-S·
2.A.S One-urut p p p p p p p t f W: dwelling
Onc-uru,
t W: dwcllllli OD • p p p p p p p f w llllllllol
16-S-lloardm& or C C C C i;; ' 2.A7 roomina house
PUBLJC/INSTITtJTIONAL USES • Animal Shelter No1-for-profil p p
animal shelter
10
Emerzc,cy Housllli
C C Tomporary shelter, food
Shelter shelter
Go\lCnlmall and All o:bcr
C.ty buildlop and
fxilides not sp,..:ww p p p p p p p i I! p p p p p urJcr1hc
Public/lnstituu
on&!Uies • cate o
p Librvv Public p p
Museum/C1alr.nJ Allwts p p p p p
Parle and Open Alhlclic field C C C C C C C C p p
Space Community C C C C C C C C
Pant p p p p p p p p p p p p
Rcltg,ous RcbgiOWl
Assembly institutions p p p p r p p I! I! L L L L L and .wociatcd
uses
School p p p p p p p I! I! p p C
Tclc:commurucali Ahemauve p p p p p p p I! p p p p p on Focility IOwct ltt..CNU
(Su CJuq,1,r 16-Antenna
7, (microwave
"Tclecommunlca antenna, r p p p
r I p r f I! p p p p p 11ons, "for scctorized
opplu:able ust• panel antenna,
rt/aid wlu lnlCMI
r•rde/inu Offd Tower C ~ C C C C C' s;; s;; C C C p p standard.r) structure
TnnsportatJOD RTO
Fac:ihiy mainlallnCe p p
(aeilt • '-•-Transit center p
11
Mll<'rUlihly p p r ... ru
Minor utilitv
fAcility(U I C C C C C C C i;; i;; C C C C C
principll -
of land
COMMERCIAL USES
Adult Uso All types u 16-S-defined in p p 2,C.I rcr 16-11
Airicuhunl l"so Gt=house/au • nery, raisin& 16-S-ofplanrs, p p 2.C.2 Oowers,or
nurse stock
Animal Sales and Animal ,helter p p
Service KenncVday L p p care
Pet stOrc (live I! p p p p p animal sale)
Small animal
,,:teruwy J. L p C p p boop11al or
clinic
Assembly Aaembly hall
or audirorium,
hall rental for I! p p C p p mceunas or
aocial
occe~ions
Mcmb..nlup
OtglllJZlbO<I I! p p C p p (mludmg
aduJIUIC
Dependcnl Care Dependent
eare c:ruer 16-S-
(leuthan 24-C C C C C p p I! I! p p C 2.C,7
hour care, • an a cl
12
Enlttt&inmenl/ Amusement ' C C C C C Amusement establishment
1.odoor Hookah 1! p p p p Loun.
Physical
fjlllOS, 1! p p p p p
center/ a
Theater and
perfannancc/c
onccnvenu~ p p p p r • not including
adult
CDtct'WDmCDl
Entertainment/ Gmetll
Amusemenr. outdoor C C C
Outdoor recreation
Fuiancial Chock caslun& p p p lnstituuoo facib
Financial
instirution,
with drive• L f p
thrcu&h
semce
Financial
LD.Stitution,
withoordnve,. f p p p p p
thrcuiD
service
food and Brc ub p p p p p
Beverage Service Caterer p p p
M1crobre1'-ery p p p
Rcst»uran~
bar, t"avcm
with or 1! p p p p p without
outdoor • rati JOI
13
L p p
service
Takeout and p p de liv onl
Mcdical/Scientifi Clinic p p p p
C Set\Oce Ho ital p p p
Laboratory
(dental, p p I! I! p p p p p
medical or • tical
Office Office, type I p I! I! p p p p p oncral
Office, type2 p p I! I! p p p p p 16-5-
limited 2.C.8
Retail Sales and Crematorium C
Service Dry cleaner,
(Personal drop-off site I! p p p p p
Service) on!
lnsU\lctional I! p p p p service
I! I! p p p p p
p
Pcn;onalcarc p p p r p
SeMce :
photography
studio and
pho to lab, I! p p p : p p
uphoLstery,
printer,
locksmith,
tailor
Tattoo and
body-piercing p p
establishment •
14
Rettil Sales and L p p Service ('Repair
aodRailll)
I! p p p p p
IUIO
Reta.ii Sales and Ant'/\ •,)rt p p p p p
Se:vice (Siles) Art .. aLt· p p p p p • Auctiou house p p p
B•,y-back
11,op.~ I! p p p
band. lhnft,
consi ent
Convenience I! p p p p
l!Ore
Grocery apecia I! p p p p p I foodllOl'C
Internet sales I! p p p
location
Li llOl'C p p p p p
p p 16-S-Pownbrokcr 2.C.10
For
TSA,
PifS
20,000
sq ft.,
Rel.Iii ,ales. P/ Ctf>
&••erll I! p p C p p 20,000
mercbandise sq. ft. of
groa
lcasable
000t
lrCI •
15
Trade or
busincas f p p
school
Studio Radio/lele\'WO
D broadcuung
srudio1
reeordlna/film
I! p p p
studio
VehlclclDd AUIOIDObile p p p 16-S-
Equipment wnbrokcr 2,C.10
Automotive L p p 16-S-• Ill renw 2.C.3
Autom011ve
service and 16-S· repair, p p 2.C.4 includin& body
or fendc:r wott
Automouvc
servioellld 16-S-~.1101 L p p 2.C.4 includuia body
or fender wotk
Automotive
ICMce ,talion L p p 16-S·
(guohn• 2.C.5
faci1
16-S-
Carwash,aulO L L L 2.C.6,
cleuilina 16-S-
2.C.4
Commerei.ll
&10r13c of p p 16-~
opcnblc 2.C.\
vehiclCJ
Fuel L p p
•
16
Pm:ing
facility, 16-S-
StrUCtute C C s; s; L L C p p 2.C.3
(openble W;
vehicles), ~
· ci al use
p arlcing an,a, W; surface
(operable C C s; s; L L C p p ~;
16-S-vehicles), 2.C.3 • principal use
Recruucmal
vehicles and L p p boats, sales or
renllll
Visitor Bedand l! AecommodatioL biulaul e p
Hold l! e p p p
Ho1el, l! I! p Extended S1ay
Wholesale Sales and
distn1luuon p p
MANUFACTURJNGIINDUSTRIAL USES
lnduslrial 16-S-
Scmce lnduslrial C p p 2.D.3
sav>Ce, light (TSA
on!
lndUS1nal p scrvicc. hca
Manufacrunna, 16-S-
lncludi.oa C p p 2.D.◄
Processing, (TSA
Fabrication, or onl • As$embly p
1 7
,. F~l'!"riae
use)
Miai-1110nge p p facili
MoviQaand p p 110n
Outdoor p p 16-6-• 7.10
Storiae yard
for vehicles,
eqwpmcn~ p p 16-S-• m1tcn1l, 2.0.6
and/or
lies
Warebo-1&mg p p and/or,,.. •
WISldSatvaae Automobile
16-S-wreckinaf C p
2.0.1 Ill • Commercial C incinerator
Hazardous C C 16-5-
W1$tohandl' 2.0.2
Recycllna
op<rllb0n, all
proecssmg p p 16-S-
0CCUf1 within 2.0.S
c:nclOled
structure t Recycllna
opc:nlllOa,
&ame or all
16-S-p~ina C C 2.D.S 0CCW10UISidc
an encloaed
lttUCture
Sanitary C • service
18
E.tpmwcoor
n:placcmc:ol of T T T T T T T I I T T T T wstio&
Cactlitics
FlmlCfS I T T T T T markc1
Food Vendor I I T T T T T Can.
Mobile SUl"iC • (with or
Y.~thout T T T T T T T I I T T T T T
building ·,
Real-IC
sales or
lcaswgoftice T T T T T T T I I T T T T T
(also model
homes
Outdoor Siles
(e.g., ICl!l
sales,puklna
lot sales,
acason1lulei, I T T T T T windshield
repair, sales
Crom reuil
vcndorClltl,
01<.)
Special event
(e.g., carnival, T T T T T T
bazaar, fair
T I I T T T T T
TentJ, T T T T T T T I I T T T T T ics
USES NOT
MENTIONED Sec 16-5-1.B for procedures and crii,ria for 1pprovina unlisted """'• including rnlistcd
accesso and 1cm rary USCI , •
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~-The City Counctl of the Ctty of Englewood, Colorad o hereby autl,'l~ amcndmg Title 16. Chapter 5, Section 2. of the Englewood Munietpal Code 2000. 10 rend as follows: 16-5-l : Use-Specific Standards A. Residential Uses. [EDITORS NOTE: 16-5-l(A)(I ) through (S) contains no changes and is tbcrtfort not included bcre) ~ One-unil dwellin g in the M .. J and M-2 Zone districts ve PGaPiUql PPIY Ii cmtecement
uw for one wit dwelUnm; that exisrr4 on the effective dote of thi s title
)£DITORS NOTE: 16-S-2(A)(7) through (8) contains no th.anger and Is therefore not
Incl ud ed here)
B. Publicllnstlt.utional Uses.
)EDITORS NOTE: 16-5-l(B) contains no changes and iJ therefore not l.ocloded he1·c)
C. Comm£rdal Usu.
[EDITORS NOTE: 16-5-l{C)(l) and (C)(2) cootahu no cb1ogcs 10d ls therefore not
iadudedbm]
l. Automotive Sales, Ren~!; Commercial Storage of Operable Vehicles; Parking Area,
Surf•~ (Operable Vehicles); and Parking F•~ility, Su-ucturc (Opmblc Vehicles).
a. SU111dards.
(I) Drainage, Surfacing and Maintenance. A,-cas subject to wheeled traffic,
whether for parking, sales, or storage, shall be properly graded for drainage,
provide on-sit, detention of storm runoff, and be surfa~ whb a hard surface,
pursuant to 11-3-5 EMC and the stonn drainage criteria adopted by the City.
(2) Screening. An obscuring f= or wall. at least four (4) feet in height, shall be
installed along any property line adjacent to a residentially zoned propcny.
Fences"'">' not be required at access points or where a building provides
adcqi... screening.
(3) Marlcinf Jrarking Lots, Structures, and Car Sales Lots. Parking spaces shall
be marxco aud maintained on the pavement, and any other directional
markings or signs shall be installed as permitted or required by the City to
ensure the approved utilization of spa~, dinction of t.raffic Dow, and general
safety. Spaces designed and used for the display or storage ofinvento,y in a
sales lot shall 001 be required to be marked.
(4) Bwnper and Curl,. To ensure the proper maintcnaru:c and wiliz.atlon of these
facilities, parking areas shall be designed so that a parked vehicle docs not
overhang the public right-of-way, or public 51dewa!k. A permencnt curb,
bwnper, or similar device shall be inslalled that shall be adequate to ;,rotcct the
public right-of-way or public sidewalk from vehicular ov"!hangs and to protCCI
any strucrure from vehicular damage.
21
(S ) Enrranccs and £x11s. Areas subJ cct 10 wheeled uaflic shall be provided with ;.,trances and cxus so located as to minimize traffic congestion. Vehicular ingress and egress to major or 11tinor anerials from off-street parking shall be • so combined, limited. located. designed, and controlled with Oared and/or channeliz.ed intc:nections as to direct traffic to and from such public righ1-of-way conveniently, safely and in a man~er which minimizes traffic interference and promotts free traffic flow on the streeu without excessive interruption. (6) Lighring. All lighling shall be designed and located so as 10 confine dircc1 rays 10 the premises. Lighting facilities shall be so arranged that they neither unreasonably dislllrb occupants of adjacent residential properties nor interfere
with traffic. Lighting facilities shall not exceed twt.l'lty•five (25) feet in height.
(7) Proximity to Public Right-of-Way. No equipment at filling stations or public
garages for lb: service of paolinc. oil, air, waler, etc., shall be closer 10 the
public riah1-of-way line than fifteen (IS) feet and shall 001 be located within
the required sight triangle.
(8) Restricuons on Use of Pan::ina Arca. No public or required parking area shall
be used for the sale, storage, repair, disman1ling or servicing of any vehicles,
equipment, materials, or supplies. This shall not preclude emergency repain to
a motor vehicle.
(9) Back-Out Parking. Parking areas shall be designed so that vehicles arc not
permitted to baclc out of the parking area Olllo a )l'lblic street.
( I 0) Alley Improvements. Whenever access le the psrlcing lot or loading areas in
any business or industrial district is by way of any alley, the developer shall •
improve such alley access 10 City specificatioos.
( 11) Lot Frontage. There shall be a minimum of seventy-five (75) feet of
frontage on a major C() llector or arterial roadway for any use established
under 16-5-2(C)(3) EMC. Frontage is based on the mo!i1 sipificant adjacent
roadway. Frontage on moM Ill.an one major collector or anerial shall not be
combined to meet minimum frontage requirements.
( 12) Building1. Upo.n the establishment, development, or commencement of
operation of an automotive sales or rental business use; new or existing
buildings shall be brought up to the current specific codes adopted by the
City, including but no· ··TD11ed 10, building. electric, plumbing. mechanical
and zoning, or the builuings m\lSI be removed prior to operating any use
under this paragraph.
(ll) P1ctio1 Ara-, (Surface\ are prphihited IS I PPOF!PIC W& wilhin ths fins I 00
fee; ofanv lot odiooent to HomOOen Avenue within tbs M·I nod M-~
llw.li• . .l.
Wl PIOOos flgjljJjq (Structurcl immssliAlslY adiOGA)J 10 Hampden AYGPYS
wjthlp the M·I Md M·2 l-OOQ district§ shall incnmorat; ISYPblc muod
flPAr soJWPStGinl ms IP e minimum d;nth of20 feet nlono7S% of the
snlilt width of Hnowdrn Amwe £mnt1se
b. lmplemenuuion Periods for Automot've Sales or Ren1al Use Specifi c Standards
22
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c I ) If an nu1omo1,ve ;,ales and rentol use has no1 existed since January I. 1995. on lli• ,uhJCCl propcny. all Use Specific Siandatds of tlus paragraph 3 shall apply . m If 1hc owner of an automotive sales and mna! use propeny doeumcms that an automolll c snlcs nnd rental use was licensed 10 operate 1'y the S101e of Colorado on the subject propcny after January I, 1995, but has not been hccn.~ lo orcrn1c an automotive sales or r:ntal use for the five-year pcnod prior 10 1hc dn1c of application for limited use, llicn llic propcny shall meet all the Use Specific Standards under !his subsection 3 except the requirement 10 provide seventy-five (75) foe 1 of fronrngc set forlli in 16-5-2(CX3XaXI I) EMC
(EDITORS NOTE: H,-5-2(C!(4) through (12) and 16-5-l(D) conta ins no changes aod is
thrdort oot Incl uded btrt)
~ The Ctl)' Council of the City of Englewood, Colorado hereby oulhorizcs amending
Tule 16, Chapter 6, Section I. of the Englewood Municip,l Code 2000, 10 read as follows;
16-6-1: Dlmcnslonal Rcqulrcmtnll.
(EDITORS NOTE: 16-6-1( \) con u ln1 no chao~cs and ls th erefore not Included here)
B. Summary Table o/Dfmcnsional Requlrcmcn1sfor Prlncipal Uses and Struc1urcs. All
principal 11NCturcs end uses shall be subject 10 the in1cn.si1y and dimensional sta11dards se1
fonh in lhc following Table 16~-1 . I. These standard! may be further limited by other
applicable sections of this Title Additional regulatlon.s for the residential districts, and
special dimensional regulauons related to lot crca, setback£, height, and floor area arc set
forth in the subsections immediately following the table. Rules of measurement arc SCI fonh
in subsection 16-6-1.A EMC. D1mens1011BI requ1rcmcnts for accessory structures arc set fonh
in subsection 16-6-1.1 EMC .
23
0..C-Unll 9,000 N'<oc '~ ·~ ,. 2S 20 Dwellin
0-Unn 6,000 DwdlioJooa {4) Non< ,o so 32 25 5 20
Small Loe S
All CJlh<r 2'-1100 None lS :?00 l2 15 25 25 Allowed Us,.
R-1-B District
One-Unit 7.200 None '° 60 ll 25 5 20 Dwdlm
One-Unit 6,000 [)wdhnJ on l (4) None '° so )2 25 20
Small l.ol S
All Other 24,000 None '° 200 l2 25 25 25 AlloMdUtes
R-1-C Dlltticl
o-unn 6.000 Non e 40 so 32 25 s 20 Dwell'
o.~unn ◄.SOO • Owellin&OD I {4} None JS )7 )2 25 20
Small Loe S
All Ollicr 24,000 None 40 200 32 ZS 25 25 All owed Uses
R•l-A Dlmid
One-Unit 6,000 Sone 40 so 32 25 20 O..'cllin
Onc--U1UI
Dwelling on a 4,000 None JS 40 32 lS 20
Small I.al
Multi-Unit
Da'dling 3,000 None 40 25 per 1mit 32 15 20 (Mu iniwn? per unit [4J
om,u
All OIiier 24,000 J'l;'onc 60 200 32 2S 25 25 Allowed Uses
R-2-8 D1'trlct
On e-Un11 6.000 Ncec 40 so 32 25 5 20 Owdlms
One-Unit
Dwclltng on 1 4,000 None JS 40 32 25 20
Smalllot
Mulo-Unh
Dftllma
(Muimwn l,000 60 25pcr WUI l! 25 20 Uu,u Based on per unit None [•) • Lot Ara&l.ol
Width
~4
6,000 None 40 so 32 25 20
Oot•Unit
Dwelling oa a 4,000 None 35 40 32 25 J 20
Small Lot S
Multi,Uoit
Owcllinc
(Mu.mum 3,000 Nooe 60 2S pc, unit 32 2S s 2S UoitsBa<t:don per unil (4]
Loi Aro& & ...,,
Width
Pri\'IICOIT·
Street Parldng 12,000 None 70 None n/a 2S lS 1S
Lots
1.S (Excl.;m.J
Office, Umited IS,000 thc1ross floor so None 32 2S IS lS area or partms
struclllrcs l
All Other 24.000 None 60 200 32 2S 2S 2S • Allowtd Uses
MU-R-3-B Dlmic1 s .. Addldooal R latloos Followlo the Table)
Oo<-Un11
Owelhn 6.000 Nuac 40 so 32 IS 20
Qnc,Unit
O.clling"" a 4,000 Nooe JS 40 32 2S 20
Small Lot S
2-4
units:
3,000
Multi-Unit per uni~ 2-4 2-4 unns: O..clliog Each units: 32 s (Maximum addition• 7S None. IS 2S Uoits Basod oo al unit None M0tt Morelhon Lot Aro& & Lot O\'CI'◄ 1han 4
Wldlh) unit$; uniu·60 ◄unit,:IS
1,000
per unit
4
I.S
Oflicc, Llm11cd 24,000
(Excludin1 lhc
gross floor .,.. or 75 None 60 IS 15131 2S
parking
III\ICluttl)
All Olhcr 24,000 None 7S None 60 IS IS 2S Allowed UKS [4) •
2 5
Livc/Worlc Dwclhna
Mulu-Unh
Owelhns (4)
All Other
AllowrdUJCS
None
None None
None None
None None
None None
None Ncne
100
100
100
0 and oo mot< than
Sfed
0 and no
more than
jfecl
0 and no
more than
Sfed
0
0
0
MIJ.B-l Dlttrkt S..Addllioul R ladou Followlu dltT1blt
Mulu-Unll None Owellin1(4)
All Other None AllowrdUJCS
TSA Dlttrict
1-1 ANDl-l
All Allowed
U...Elc,p, No.te Manufldllrrd
HomcParh
0 and no
None None None 60 more than 0
Sfec,
0 and no
None None 60 m~than 0 sr ...
ficos, refer 14 Sttd4n I 6+1, EMC, of tlris C!tyt,r
GIid tho yp/Jcoble Stillion Are• D<slp St4ntbuds .. , GuldtllJler
"" l.ntt'nsio, and dlmoulonal sta1tdards.
1:1 None N'"1e
Where• buildin1 abu11 upon,
1dioilll. or is adJoc:c:rtl 10 a
midcltlial uinediszrict.
None minimum setbocb of 10 fl on all
Std<s 1K n:quuod, .. ...,. ..
n:quired in Sec:don 164 7 .I(,
11Scrocnin Re uircmcnu:."
Manufactured Home Park, See Sccrion 16-5-2,A,3, above.
Nol<S ID Table:
( I ( The minimum aid, aetbaek 11altAI u, tlus 11ble for one-wut 1nacbed and multi-111111 dwtllulgs shall apply to the enun:
well.ma IINCIW<, and D04 IO each lndmdual dwelling UN\ localtd in the SlnlC\llft.
(11 The ffllNNUDI s,de aetbaek 111ndard for pnnctpal restdeaual dwtllinp in tho resulenual (R) zone ch11nCU, u 11a1ed in
tlus Table, 111111 apply to aueh dwcllu,as that <Xlsted on the Effective Oa1e oflhit Ttlle, However, principal residential
dwelhns• oxol\u•s on 1he EITccuvc D11c of lhis Tille, and which as of lha1 doto are no1 in compliance "1lh lho minimum
side 11C1b1ck '11,ndard, e11abh!hcd In llus Table, shall no1 be coll!idercd nonconfonning suucNtCS due aolcly 10 lhe
dwcllina'• non :omphance wilh lhe minimum side setback. Such dwellings an: "grandfalhered," and shall be considered
lcaal, confonnsn1 suucturcs for lhc pul1)0tc1 of aale and development under llus Tille and olher Cil}' bwldin& and safe(}'
rcrulanons See Scc11011 16-9·3 (N<)ocoafomung StRICNrCS), below.
131 The mirumum ICpln\lon between pnnc1pal buildinp localed OD lite same Of adJOinin& lots, 1"ilclhcr or ltOl the lots
arc undct lhe '"'11C owncnhip, wll be Of\cen feet (IS')
141 See Secuon 16-6-1.C for lddllional dunem,onsl <11ndard.l 1ppropria1e 10 the zone dismcL
5 Small 101 of record on or before FcbNarv 23, 2004.
26
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~
lmlliu l::!llllS l::!llllS ll & 1 g l l w
§.,gQ ~ ~ .u & u & 1 1 1 1 ii g
~ ll ~ u & u & l l l l 1Q IIILl.all Q
tlsi,m
"2111
l..J.il Q.m
~ §.,gQ tlsi,m W!I 1111 ~
~ g --z.w g am ~ lll1Wi 1 g 1 1
U!2 w w I= w tlsi,m w -IIIIL1Q
z.w 111
2.-ll
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C. Additional Dimensional and Development Standards I. Multi-Unit Development Standards in R-2-A, R-2-B, MU-R-3-A and MU-R-3-B Districts. a. Applicability. The following standards apply 10 aU multi-unit dwellings constructed or convened after the effective date of !hi~ Sect ,n. b. Multi-unit dwellings existing on the effective Date of this Section and which
as of that date are not in compliBJM! ,.,;,~ standards established by this
Section, shall not he considered nonconforming due solely 10 the dwelling's
noncompliance with the standards of this Section. Such dwellings are
"grandfathered," and shall he considen:d legal, conforming structures for the
pwposes of sale and development under this Titl e.
c. Propcny having rear alley access .
(1) Minimum lot width lhall he~ feet per unit.
(2) Driveway access &om the puhlic street shall be prolullited, except for.
(a) Comer lots where garage, carpon or parking pad may be accessed
&om the side street.
(b) Dwellings with four (4) or more units may have one driveway
accessing the street
(3) Parking pads within the front yard or front ~back shall he prohibned.
d. Property without rear alley access.
{l) M1rumum 101 width sball he 30 feet per un,t.
{2) Garages, carpons and parking pads shall be off-set behind the front
building li.ne of each unit by a minimum of S feet.
(3) Minimwn separauon between dnveways or parlong pads of attached
units shall he 20 feet.
(4) Maximum driveway and/or parking pad v.;dth "1thir f.,,~t ,&rd or front
setback shall be l 0 feel per unit
(S) The maximum g.,nigc door width on the front facade of the SLucturc
shall he 9 feet per unit.
(6) A parking pad may be located in u1e front yard or front setback only
when a garage or carpon is not provided.
(7) An opaque fw,cc or wall shall be provided between driveways or parking
pads on adjacent propenies.
28
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(S) Units thal provide attached g1t3ges behind the rear buildmg line of the pnnc1pal structure may reduce lhe principal structure's rear se1b3ck 10 I 0 feet. (9) 11 is recognized lha1 hecause of the wide variety ofmuhi-unil developmcn1 options, ,he Ci1y Manager or designec may on a case-by. case basis consider minor devialions 10 d (2) lhrough (7) above, whenever such dcvia1ions a.re more likely to salisfy the in1en1 of this subsec1ion.
2. MU-R-3-B Dutricl.
L The minimum 101 area stand.uds set fonh in Table 16-6-1.1 apply to pattels
of land containing less than fony-lhtce thousand five hundred sixty (43,S60)
square feet (I acre). Parcels of land containing forty-three thollS&lld five
hun<bcd sixty (43,S60) sqiwe feet (I acre) or more may be developed a1 a
density of one (1) uni1 per one tbousand eighty-nine (1,089) square feet.
b. The minimum 101 area standards set forth in Table 16-6-1 .1 for •office
limited" and •au other allowed uses' shall not apply to an existing structure
converted 10 accommodate an allowed nonresidential principal use on a 101
having less than twenty-four thousand (24,000) square feet, provided the
allowed conversion complies with district residential design s1andards and
required off-street parking and landscaping requirements .
3. Residential Use in MU-B-1 and MU-B-2 Oisuicts.
a. Dwelling unilS may be incorpon1ed into lhe same building as the
commercial use (DOI as a stand-alone use)
b. The commercial u.;e o!Xupics we majority of the ground floor of the
building, and is directly accessible from an adjacent public street or
sidewalk.
4. MU-B-2 Distric1.
a. Relief from fronl setback requirements set forth in Table I 6-6·1.l may be
provided in the situations listed below condi1ioned on !he establishrnem of a
strong dcvelopmcnl edge along the fron1 propeny line.
(I) Addition 10 an existing building.
(2) Commercial lots wilh more lb3Jl 1wo hundred fifty (2S0) feel of
commercial zoning and 101 depth.
(3) Drive-lhru uses.
(4) Outside dining .
29
~ M-1 M-2 M:9-1 •pd M;0-2 Pi•ttiCJ• 1. Minimum M!t Sizs ExAPetion: l&JI ten than 6 000 &euarc feg in siu in exist;nss 20 1bs effce1ivs <lots of Ibis fitle are exemnt from the mimmum lot size reauiremen1s. b-Heieht Zrooss -&isht Zone boundmg om dcaictr4 io figure 16-6 Clll
•IC"rt 16-6(1.,): Mtdial 2.ooe A■d Medical o...tay Di,tria Hric~• Zoot lloootlorin
ZON E 3
,. Mnximmu Retail Gms$ floor Ara &xemntion:
Pronertle$ dircctlx odiarent oo 1wo sides to ao aosrlal strcsl and a collector
sYJiSl M slouified bx the Dq,anm;n1 of Public Work$ Wi CXSJDPI frpm the
maximum rsnil mw, Door area restriction-
30
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~ Minimum IJo;al StrAAI Frnntnss·
.1. Bvildioe ft9n1aecs are reouired m cover o minimum diunncc of 75% of
the l;ngth of tbs fmm lot line mcaswr4 adi1cen1 to and nmllet with the
front lot Hos-
l -Buildior &pma,gq w required to cgycr a minimum dislance of25% of
the leoR1h oftmr side 121 I ins ahuuina a §l[cct mewrr4 odiacenUM..&D.d
naa,Ucl wi\h tJJ0 •idc 1°1 lios-
31
figure J6-6 (?c): '1inimum Linea l Stree t fronl•ge Ex•mple: JOOsJOO' Lqt 100' (/) a: ro 2
r-5 · ro
)>
C'
Lot
§:
5·
(0
(/) a: ro
(/)
i
r--------------------------
~ I" at
H ti!
.;. Zone of Transnarencv ·
75~ Min, Llo11I
$11'ttl ftont•gt •7f
Front Lot Line Abutting Main Stree t
New ooostruction and additions of ground floor retail snace front ins on a
nublic street shall iocomorate tranmarent elass for a nercenta@c of the lineal
street frontags of the Gun floor These windows shall be a minimum of five
feet CS'> hieh and mounted not mor; than three feet six inches l3'6") hish
above lhe iPlerior floor leve l for a total height ofsisht fsct six inches C8 '6'l
i . A 60% minimum building lineal rone of transnwocv measured adiacen1
to And Parallel with tbt front lot Um; is required
32
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~-A ,c;,; minimum buildins lineal mos oftnmsnarcncv mEAsurcd adiacem lP and PA@llcl with th£ side lot line frogtjpp ft PYbJit $\CCCI » rmuin;4-Fi~urt 16-6(2d): Zone ofTnnspartncy
I I
3' s· I I
f. Required Buildins Entnnces =
All buUdiPS§ shall hove a ptjro,cy wound floor Sltraocc §;optjpg I PYhli&
Ill&
a. Setback RWUrqn;pt§'
.l. M)ni"'",tlm side setback mav be reduced 10 0 feet 10 confonn with an
adiBGSll §\QlGWCE] 0 Coot rar or sisk Kml&k
'-Minimum IW setback max H rgrucg1 to Orm for lots less than 100
1"l.m.
~ Qpcn air balS9Pis max extend 10 fes into the unpcr storv fmnt whaclc
~-Relief from front 3ethack r;cqµiCCJllSIIS 1; forth jg J4b)e I 6+1 I may b;
Provided foe outside dioiov ms on the estabURbmenr ~
deyelOPfflCPI ;dgc 0l9P8 \he fmnl pmggty line
(EDITORS NOTE: 16-6-l(D) through (F) contains no changes and is therefore not
included beret
G. Bulk Plane Requirements.
I. Intent The bulk plane requirements in th.ts subsection are intended 10 ensure that
new residential development, including additions and cxpansiuns of existing
dwellings, provides adequate light and privecy lo neighboring properties. In addition,
the bulk plane requirements are intended 10 assure greater design compatibility in
terms of building mass and scale within Englewood neighborhoods .
33
2. Applicability and Exceptions. a. Applicabiliry. Except as exempt by this subsection, the bulk plane requirements in thfo subsection shall apply to: (I) All new residential development subJCCI ,o the Residential Design Standards and Guidelines in Section 16-6-10,B. BMC: (2) All new residcruial development on legal, nonconforming IOIS th.at have lot widths less than the minimum required by the applicable zone
district; and
(3) All new residential development on small lots.
b. Exceptions.
(I) The bulk plane ~ts in this subsection shall not apply to new
residential development in the MU-B-1, MU-B-2. M-J M-2 M-Q-1 M-
~ or TSA -districts. The bulk plane requiremmts in this
subsection shall not apply 10 suucturea or ponions of s;,uctures exempt
from the maximum height limits, as specified in subsection 16-6-1.B. l
BMC.
(2) Donncn with window(s} may partially prouude through the bulk plane
defined below for a ma,dmum cumulative length of fifteen (IS ) linear
feet, measured horizontally at the point of intersection with the bulk
plane, and provided the venical height of a dormer window does not
extend above the height of the ridgehne of the roof surface from wlticb
the dormer protrudes.
(3) E.vcs may extend up to twenty-four incbes (24'1 mm the bulk plane,
provided it does not project further into a side setback than the
maximum projection allowed by ! 6-6-1 :FS(bXl ). The extension shall be
measured horizontally from the building wall to the furthest extent of the
eave.
(4) Guners may extend into the bulk plane, regardless of whether the eave
projects into the bulk plane.
3. Bulk Plane Requirements. Except as specifically excepted In subsection 0.2, above,
no part of any structure subject to these bulk plane requirements (including air
conditioner, elevator penthouses, and other mechanical equipment) shall project
through the following defined bulk planes, which define a building envelope for the
subject lot:
a. A horizontal line that 1s located directly above the side lot line and which
passes through a point twelve feel (I 2'} above the midpoint of such side lot
line; and
b. The intersecting lines that extend over the lot at a pitch of 12:12 (45-degree
angle) from the h<>riz.ontal lines defined in pmgraph (a) above.
3 4
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Fiiure 16-6(3): Balk Plane ' I maximum lielQht I pro per t ~ line I
'
I
I
J
I;(~ I I' ! I •5• i ' :
:
15 '
1:Z'
Ll
Commentary to Figure I 6-6(3) {above]: The shaded portion of the illustrotion a bow
deplcu the defined bulk plane. which must contain the tntirt dwelling structure (with
limited exceptions for projecting dormers and chimneys). The bulk plane u measured ar
a forty-five degru (45") angle from a hori2onral line located direcJ/y aboVI! each :Ide lot
liM and which passes through a point rwclv.! feet (In abow the midpoint of such side
lot line. Thef,fleen Jeer (/ S ~ vertical height shown in the illustration indicates the point
where the bulk plane In this examplt ii. '1nes toward the center of the /or. accounting for
a three foot (3 ~ side setback rC4uind in .t!VCrol of th< residential ZOM districts.
(EDITORS NOT E: 16-(Hi(H) coat.1l111 no clungcs a nd is therefore 001 Included
here)
I. Summa ry Table of Dimensional Requiremenu for Accessory Structures. Table 16-6-
1.2 below sets fonh wba! types of muctures are pcrmined as acceuory in each of !he
City's zoning districtS, and the applicabl e dimensional standards for the accessory
structure. If an accessory structure is not listed in the table, but satisfies all the
general atandards set fonb in subsection 16-6-1.H EMC, the City Manager or
35
dcs,gnee may pcrnul the structur• subJect LO the unli1tcd uso procedures in Section 16-5-1.B EMC and the dimensional sWldards set fonh m this Section 16-6-1 EMC.
36
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AllR Districts: Shall be located behind the rear building line of the principal R-1-A: S; structure R-1-A: S; Other R All B Districts: Dislrict.s: 3; Residential Shall be Other R Districts: 3: M,B, TSA,I Dis tricts. located behind Id. B, TS/\, I Districts: Sec Storage TSA, 10 the front Districts: Shall Shall I SO 16-2-9.A2 for structures 120 square lcct <>r l con form to zone sheds ~ building liuc conform to smaJler. Business.and ofthc district standards for l.OllC district Industrial principal principal structurcs st8Jldards for District.s structure principal
TSA&I structures
Districts:
Shall conform
to zone
district
standards for
principal
structures
Other
accessory
structures Other All shall be R-1-A: S See R-1-A: S acccsso,:., Residential located behind Other R Districts: 3 OthcrR 200 l 6-2-9.A2 for structure'< 120 square foci or structures I 12 aud ~s:dial the rear Districts: 3 smaller. not listed District< building line above of the
principal
structure
•
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•
~-The City Council of the City ofEnglewood, Colorado hereby authorizes amending Title 16. Chapter 6, Section 3, Subsection I'-"Vehicle Access and Cimdation" of the Englewood Munic11)31 Code 2000 to read as follows : 16-6-3: Streets and Ve hicl e AcccH a nd Circulation . I'. Vtl11c/~ .4ccess and Circulation l. Acces, to Public Roads. All new lots shall have direct or indirect access 10 a dedicated public street, through one (I) or more access points approved by the
City. In addition to direc: acuss to a dedicated public street, access may be
provided through private streetS or through alleys.
a. No bzcl,;-<iut driveways from any type of use shall be permitted onto an
artaial street.
b. No baclc-out driveways or back-out parking spaces from multi-unit
residential 011 ~.e, with alley access, commercial, or industrial uses shall be
pcrmittc-J JOto a public street. This rcquiJ'cm,..::; shall not prohibit back-out
driveways or parking spaces onto an alley.
2. Traffic Impact Analysis. A traffic impact analysis (11A) sball be required with
applications for development review and approval when trip generation during
any peak hour is cxpccted 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
lrutinne ofTransponation Engineers' Gcoefflion Muual (or any successor
publication). The City may also require a TIA ror.
a. Any project that proposes access to a street with level or service (LOS) "0"
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 resuh in a fifteen percent
(IS'lo) or greater increase in traffic generation; and
c. Any case in which lhe traffic engineer determines lhat a TIA should be
required because of other traffic concerns that may be affected by the
proposed development.
f. When access points arc not defined or a Zoning Site Plan is not available at
the time the TIA is prepared, additional studies may be required when a
Zoning Site Plan becomes available or the access points are defined.
39
3. New Intersections and Curb-Cuts. • .. General Ruler. The number of intersections and curb-cuts on streets and highways shall be minimiicd con sister,, with the basic needs of ingress and egress. Intersections and curb-cuts shall be designed 10 provide the grea1es1 safety for both pedestrians and motorists. b. Driveways, Resident/al.
(I) One-Unit and Multi-Unit Dwellings Containing Up to Three (3) Units.
(a) The width of any driveway leading from the public street to a
one-unit dwelling. or multi-unit dwelling containing up lo three
(3) units shall noc exceed twenty feet (20') at its intersection with
theSlleet.
(b) See alJo Section 16-6-IC.4 EMC, "Multi-Unit Development
Standards in R-2-A. R-2-B, MU-R-3-A and MU-k-3-B
Districts," for additional driveway standards lhat apply to multi-
unit dwellings on properties with or without alley access .
(c) See also Section 16-6-10.B. EMC, "Residential Design
Standards and Guidelioes," for additional driveway &talldards
lhal apply to new residential development, includina substantial
expansions or alter:ations of existing dwellinp, in the R-1 , R-2,
and R-3 zone duuiets. • (2) Mulu-Unlt Dwelhn115 Containing Four (4) or More Units.
(a) The width of any entrance driveway to a multi-unit dwelling
coma.ining four (4) or more units shall not exceed twenty-five
feet (25? 11 its iote:rscction 11,ith the street, unless the applicant
can demonstrate thAt additional width is required to adequately
accommodate anticipated driveway volumes.
(b) In ntw multi-unit developments PPI located wjthjn the M-l M-
2 M-Q-1 and M-0-2 djstrjcts containing 1cn (10) or more units,
vehicular acces.i shall be spaced no closer than twenty-five feet
(251 to any adjacent propcny line. However, the City may
reduce this setbaclc rcquircmcnl to permit a single vehicular
access point that can serve two (2) adjacent propenics or where
compliance wuh these requirements would deny velueular
access to a propeny.
C. Driveways, NonrruidMtial. The location and size of driveways leading from
the public street to a nonresidential or mixed-use building is subject to the
following conditions: •
40
•
•
•
( 1) No ponion of any driveway shllll be closer than fony feet (40') to the curb line of an intcrsecung street, or closer than ten feet (l 0') from a lire hydrnnt, catch basin, or end of curb :->dius at comers, (2) In new non residential developments not located wjthjp the M-l M-2 M;0-1 apdM.0.2di!IDGi• vchicularaccessshallbe spaced no closer than twenty-five feet (2S') to any adjacent propcny line. However, the City may reduce this setback requirement to permit a single vehicular access point that can
serve two (2) adjacent propenies or where compliance with
these requirements would deny vehicular acces. lo a property.
(3) Only one (I) access per street frontage ,hall be permitted,
un1ess a Zoning Site Plan or traffic impact analym shows, and
the City agrees, that additir,naJ access points are required to
adeqwtely accommodate driveway volumes and that
additional ecccss will DOI be detrimental lO traffic flow.
( 4) The width of any enb'allCe driveway shall not exceed thiny
feet (30') measured alona its intersection with the property
line .
41
~-The City Council of the Cny of Englewood, Colorado hereby authorizes amending • Tide 16, Chapter 6, Section 6. "fences and Rewning Walls" of the Englewood Municipal Code 2000 10 read as follows: 16-6-6: Fences and Retai nin g Walls. I EDITORS NOTE: l 6-6-6(A) through ([} contains no changes and is the refore oot Included here) F. Fence Standards.
I. Permitted Fence Location. Class. and Heigh! by Zooe District. h shall be unlawful for
any person 10 erect a fence or for any propeny owner 10 allow a person to erect a fence
that does not confonn 10 the standards enumerated in this Section and the standard$ for
all Wiled disaicts, as described in Tables 16-6-6.1 thru 16-6-6.4:
a. Solid Construction 1,4 3
b. Open Coosll'IICtion 2. 3, 4, s, 6 4 Fences tn a front yard shall .
FRONT SETBACK: not interfere with or obsllUCt
a. Solid Construction I, 4 3 visibility within a required
MU-R-3-A b. . Construction: sight dis1ancc triangle.
MlJ.R-3-B i. Residential 2, 3, 4 s, 6 4
ii. Nonresidential 1.2 6
4, 5 6 4
R-1-A SIDE R-1-B SETBACK/FENCES 6, . Fences in a side yard shall
R-1-C BEHIND TI-IE FROITT I, 2, 3, 4, excepl as no1ed in not interfere with or obstruct
R-2-A, visibilily within a required
R-2-B. SETBACK LINE: 5, 6 Additional sight disance triangle. Solid and/or Open Requimnents MU-R-3-A, Construction MU-R-3-B
R-1-A
R-l•B 6.
. Fences in a rear yard shall
R-1.C REAR SETBACK: 1, 2. 3, 4, except as noted in not inlcrferc with or
R-2-A. Solid and/or Open s. 6 Additional obstruct visibility within a
R-2-B, Construction Requirements required sight distance
MU-R-3-A, triangle.
MU-R-3-B
•
4 2
•
•
•
~~ -.. ---· --. . . --. -----• . -.! t•"T, '' 'i •'·" .. .,, 1•' 1t~· .. ~,r.•. _. ".; .11-, · ,~ .• 1 .. ir' I '•'rt· ' _·,1 1•11 ;t, J J ._..........__ ____ l ---~:. ·-----~--,t--i,.. . .lc:il·~L-.: ... ~-. -··· -__J AREA WI1lllN IS Fences in I front yard shall not FEET OF FRONT interfere with or obstruct PROPERTY LINE: visibility within a required
L Solid 1,4,S 3 sight distance triangle.
Construction • A combination fcoce may be
w. penniued where a solid
masonry base shall have a w. I, 2,4. S 3 maximum height ot three (3)
?d:Q:l. feet, and deoorative metal
~ b. Open material built on top of that
MU•B•I, Construction base shall have a maximum
MU-B-2, height of three (3) feet and
TSA 2 6 shall be at least 7S% open.
Fences in rear and side yards
AREA BEYOND 1 S shall DOI interfere with or
FEET OF FRONT I, 2, 3, 4, S, 6, 1 6 obstruct visibility within a
PROPERTY LINE required sight distance triangle.
-
l.--,1-~·1 -~r:r1:rJ -~ --;,E.~. :.:,-f! . :]I~-'',!~-.l.4£. ~1'k:~~1.i:_i;~,-.,J-~: ~
, . ...-~)q,°!1;~~1 r "i,,r(!' • 1 '\-rn-,1,·11T,~ ., ' '-~/• . ' f1
: . . ·~ ---------' --~-~~~--_J .... _________ _d
1-1, J,2
FRONT YARD :
Solid and/or Open
Construction
SIDE YARD :
Solid and/or Open
coustructioo
REAR YARD:
Solid and/or Open
Construction
I, 2, 3, 4, 5, 6, 7
l, 2, 3, 4, 5, 6, 7
I, 2, 3, 4, S, 6, 7
12
12
12
43
Fences in a front yard shall not
interfere with or obstruct visibility
within a required sight distance
triani!le.
• fences in a side yard shall not
interfere with or obstruct visibility
within a required sight distance
trianl!]e.
• Fences in a rear yard shall not
interfere with or obsiruct visibility
within a required sight distance
triangle .
1. Additional Fence Standards. a. Barbed Wire . (I) Barbed wire or other sharp wire shall not be erected or maintained within: (a) Any residential, TSA, or business wnc district. (b) Any yard area of a property wi!hin an indOJSt!lal woe distnCI that abuts
or adjoins property in • non-industnal 1.0.ne JistriCI.
(2) Where allowed, barbed wile or other sharp wire may be meted on pcnnined
fences provided the wire or material is installed 01 least six feet (6') above
grail., and docs not exceed the permitted fence height.
b. HeiahL
(1) Height means the disunce of the venical fence surface measured from finished
grade to the top ufthe vcnical surface.
(2) Pillars or posts between vertical fence surfaces may exceed the maximum
pcnnined fence height by ten percent (10%).
(3) Trellis and Gate/Entry Features. Trellis and Gatc/Enuy features may be
pcnnined provided they do not exceed a height of eight feet (8') above grade .
(4) When a fence is erected on top of a retaining wall, the height of the fence shall
be measured from the top of the ,e...;;iing wall .
{5) When a fcoce is erected on a wall that is pan of, or integral to the fence
consuuetion, the entire structure shall be considered a Class 6 fence and shall
comply with Class 6 fence height requirement.
c. Design and Location.
{I) Separa tion between pillo.r/posts shall be a minimwn of five feet (5'),
(2) Decorative Materials. Decorative mtcrials, including but not limited 10 tile or
glass block,. may be incorporated into the design of pcnniued classes of fences
upon the approval of the City Manager or designec.
(3) Fences in Easements. Fences may be permitted within casements. However,
the City shall not be responsible for the repair or replacemen t of fc11ccs th.it
must be removed to access such eascmcms.
(4) Fences Ad!=t to the Public Sidewalk. All fences shall be located on the
owner's proi,crty but no closer than on.: foot (I') behind any public sidewalk.
•
•
(5) Gates shall be prohibited from opening into or over any public sidewalk, street, •
or alley.
44
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•
•
~-Lighting. Llgh1ing may be ms1alled provided such lighung ,s con1t0lled by an automatic ligh1 level switch and is downcast 11nd shielded so that hght is directed into the site and not outward toward adjacent properties e. Fences for Swimming Poo ls. Please refer 10 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: 16-6-l(G) through (I) cont1 ins no changes ind ls therefore not Included
here]
~-The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 16, Chapter 6, Section 7, "Landscaping and Screening" of the Englewood Municipal Code
2000 to read as follows:
16-6-7: LllDdsca plni: ind Screenlug.
A. Purpose. This Section establishes landscape and screening standards for new
development and for redeveloping propenies in order to enhance, improve,
protect and preserve the appearance, character, and value of such properties and
their surrounding neighborhoods. This Section is litnher intended to:
Enh,~:e the aesthetic appcamK>C .,f deveL,>ment in the City by
providmg standards relating to quality, quantity, maintenance and the
functional aspects oflandscaping;
2. Aid in stabilizing lhe environment's ecological balance by coninl>uting
to the processes of air purification, oxygen regeneration, storm water
runoff reduction and around water recharge, and to encourage water
co,ucrvation through water conserving devices and xcriscape principles;
3. Reduce the noise, h.eat and glare generated by development; and
4. Protect public hcalt.h, safety, and welfare by minimizing the impact of all
forms of physical lllld visual pollution, screening incompatible land uses,
preserving the integrity of nciaJiborhoods, and enhancing ~cdcstrian and
vehicular traffic and safety.
B. AppliCJJbility.
I. This Section shall .apply to any development located with.in the City or
Englewood at such time as an aPPlicatioo is made for any of t.hc
following:
a. A building permit for a new principal strUcrure;
b . A building permit for existing principal struerures that results in
the expansion or increase of the gross floor area and/or off-street
45
parking area by fifteen percenl ( I 5%) or more, or a to1al of five hundred (500) square feel gross floor area , whichever is grea1er; or c. A Rezoning of property . 2. This Section shall not apply where a building permit is issued for the res1ora1ion, within twelve (! 2) monlhs , of a building that bas been damaged or destroyed by fire, explosion, s1orm, or accident of any kind, uni ess such restoration exceeds the e1-pansion provisions of subsection l(b) above.
3. No existing use or lot shall be deemed nonconforming solely because of
the lack of landscaped area in the minimum amount prescribed in this
Section, provided that such landscaped areas existing oo the effective
date of this Title shall not be reduced in function (e.g ., by paving over
the area) or siz.e thereafter, unless a valiance is granted according to
Section 16-2-16 EMC.
C. Landscape Plan Requirement.
General . A landscape plan shall be required as part of a building permit,
Zoning Site Plan, and/or rezoning application, as stated in subsection 16-
6-7.B EMC, "Applicability." The landscape plan shall meet the inteot of
this Section by exhibiting a comprehensive design program in terms of
materials , location, siwscale, function, theme, and similar attributes .
Landscape plans shall be reviewed by the City to detemiine whether they
meet all applicable requirements. Laodscape plans fillllll be drawn
according to landscape plan submittal requirements .
2. Waiver Allowed. Where an applicant can show that existing landscaping
meets or exceeds the total landscaping required by this Section, the City
may waive submittal of a landscape plan.
D. Minimum Landscaped Area Requirements. Properties shall provide a minimlllll
level of area landscaping as follows:
I. Residential Uses in All Residential Zone Districts.
a. One-Unit and Multi-Unit Uses Containing Up to Three Dwelling
Units. One hundred percent ( I 00%) of the front setback area and
no less than forty percent ( 40%) of the lot area, exclusive of
driveway, shall be landscaped.
b. Mu//i-Unit Uses Containing Fo11r or More Dwelling Units. At
least twenty-five percent (25%) of the total site shall be
landscaped .
2. Nonresidential Uses in Residential Zone Districts A nurumum of
twenty-five percent (25%) of the total site shall be landscaped .
46
•
•
•
•
•
3 . Busmc,;s Zone Dtstricts. A minimum of fifteen petCCr, \ 15'-•l of the total s11e shall be landscaped . 4. lndusmlll Zone Districts. A minimum or fifteen percent (I ,,'.) of the total sue shall be landscaped , S. PUD Districts. Landscaping requirements shall be dctennined on a casc-by-case basis. Consideration shall be given to the type or development use and adjacent land uses, PUD landscape requirements shall be guided by the district's prcdoawwu developDlCIII use and by requirements
es1ablishcd for similar developments in similar zone dtstricts.
6. Wa1er, Was1ewa1er T reatmcnl and Other Sbm!ar Large-Scale Public
Facilities. Where compliance to dutrict zone rcquimnents may not be
feasible or practical, an al1emative compliance plan may be submitted.
7. South Broadway Corridor Propc:nics.
8.
a. Redeveloping properties fronting on South Broadway shall be
required to provide no less than a minimum of ten percent ( I 00/4)
of the total site to landscaping upon completion of the
redcvelopmcn~ renovation, and/or expansion of the existing
devclopmeru. lalldscapiog shall be required in the front yard
area.
b . l.n cases wwe the landscaping provision may not be practical
due to cxisllDg arcs conditions, an alteroati,e compliaocc plan
may be considered by the City.
c. Properties developing between and including the 3200 to 3600
blocks of South Broadway are encouraged to develop with
traditional, commercial patterns established within those blocks.
Multiple-Zoned Properties, Where one propeny is composed of more
than one (I) zone district, the landscape rcquircmcnts of the more
restrictive zone, as provided in this Section, shall •P?ly. Should the
landscape arcs requirements be impractical, the Chy may consider
alternnti ve compliance plans .
L One::Uoh and Muhi-Unit Use CPnt@iniPR Up 19 Um Q) Dwsllios
l.llliu.
W For lots 6 000 sgµarc feet or more in 3iu ons buo4tsd ws .. '
0 00%) Pf ¢; fmnt scthosk ace IP4 oo lss WP foax Pere "
(49%) of the lm area exclusive of driveway §h@U bs londscancd
4 7
W For l2ts lsM than 6 000 sauarc feel in size one hundred oerccm • O OOo/nl of the front setback area and PP lcn thnn rwemv·five nercent l2S¾\ of lbs lot area exclusive of ddvewav shall b; ~ It. NI Otbg Sjngle Vs• Qeyelgpments W f2I lots 6 000 WUICE fm Pr mor;; m Aiu I minimum of fiftc;p pqccpJ O 5%) gf the totll site Mall be lno41c.aRR4
!2l For Jou leH than 6 000 sauarc feet in size a minimum of ten
nerceot (10%) ofth; total site shall be Inndff:IPed
'6 Mixr4 UK PSiYCIOPPlSDJi
Ul For IPJ3 6 000 WYIR fr.et 2r mgr; in we-, 1 minimum of rm
PWiPt I 10%} of the mtal sits shall be 11PN0Pffl
al For 1o\J leH than 6 000 sauar, feet in siu I minimum of Gvc
oercent CS¾} oCthc tOIBI sit; shall be landscaoed
[EDITORS NOTE: 16+7(E) through (J) coatalas DO changes aad Is therefore DOI included
bere]
K. xnenlng R111[uirun,mu.
I. Pwpose. These screening requirements are intended to physically buffer
and visually shield adjaceot land uses that are not fully compatible.
Screening is inteoded to effectively shield adjacent properties 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 scrccnin&
according to this subsection. Screening requirements shall be in addition
to this Section's landscaping requirements. Screening 5ball be required
between the following adjacent land uses and/or zone districts:
3.
a. Residential uses and all other nonresidential land uses, except
when such uses arc combined in the same building and/or as part
of a permitted mixed-use development;
b. Commercial and industrial uses;
c. Off•strcel parking areas and public rights-of-way: and
d. Elsewhere as dctcnnincd by the Caty.
General Screening Standards.
4 8
•
•
• 11.
• b.
c.
•
Penni/led Screening Materillls . (I ) Screening may be compos,d of a solid fence or wall, semi-opaque landscaping. or bcnns, or combinauons thereof. (2) Landscaping materials used for screening shall comply with the plant material requir<mcnts in Section 16-6-7.J EMC. Large evergreen ll'CCS (marurc height of at least
forty feei ( 401) shall be used in an amount equal 10 or
greater than fifty percent (50%) of the required total tree
plantings.
(3) Fcncing,'walls for screening pwposcs sh.all comply with
Section 16-6-6 EMC. Class 3 and Class 7 fences/walls
(as descnoed in Table 16-6-6.2 above) arc not permitted
for screening pwposcs. All fences and walls used for
screening purposes shall be a minimum of six feet (61 in
height, except lhat walls used in screening an off-street
parking area from an adjacent right-of-way sh.all be a
maximum of thiny ir,cbcs (30') in height.
(4) Screening shall not extend into required traffic sight
distance triangles .
Permilted Uses in the Screening Area. No principal or accessory
uses, and no structures (including signs and exterior lightin&
fixtures), buildings, parlcing or loading ••~os. storage, or service
areas shall be allowed in a required screening area. Screening
sh.all be continuous and unbroken except for breaks required for
pedestrian or vehicle access or connections.
Minimum Screening Requirements.
{I) Screening Between Nonresidential Use and Residential
Use.
(a) Minimum Landsc.aping R"!uirtd. One (I) tree
and 6ve (S) shrubs per five hundred (SOO)
square feet of screening area. Landscaping sh.all
be installed on the side of the fence/wall facing
the residential use.
(b) Minimum Width of Screening Arca. Fifteen feel
( I 51, except the width shall be increased to
twenty feet (201 if the adjacent nonrcsidcnlial
building is three (3) or more stories in height.
(c) Min lm<1m Fence/Wall Requirement. Six foot (6')
high wall o r fence on boundary line, with brick
49
posis every one hundred twenty feel (120') on center, or at lot comers, whichever distance is • less. (2) Screening Between Commercial and lndusuial Uses . (a) Mir.lmum Landscaping Rqulred. One (I) tree and five (S) shrubs per seven hundred fifty (7S0) square feel of screening area. If a fence/wall is
used as pan of the scr=iing treatment,
landscaping shall be ins1allcd on the side of the
fenct/wall facing lhe commc:cial ~-
(b) Minimum Width a/Screening Area. Twenty feet
(20'), which may reduced to ten feet (IO') if a
fence or wall is included as part of lhc scteclling
treatmcnL
(3) Screening Between Off-SlrCCI Parking Area and Rights-
of-Way.
(a) Minimum Landsa,ping Rtf{lllred.
(I)
(2)
One (I) trcc and five (S) shrubs per
thiny linear feet (30') of fron1age; or
A landscaped bmn meeting the criteria
in the following Table 16-6-7.3. If a
berm is used, 1hc total minimum widlh
of the screening area may be reduced to
equal lhe total width of lhc benn.
3 feet
4:1
Plantings required by paragraph (aX I)
above shall be planted to maximize the
intended screening; remainder of berm
shall be planted with ground cover
and/or sod.
(b) Minimum Width a/Screening Area.
(I) Adjacent to Arterial ROWs: Twenty
feet (20').
5 0
•
•
,· •
•
•
(2) Adjacent 10 all olhcr ROWs : Ten feel (101. (c) Op1io11DI Wall. Screen 1>·alls up 10 lh,ny inches (30") in height arc allowed between the required landscaping and lhc parking area. (d) Credit for Landscaping, Off-strCCI parking landscaping contained in a screening area required by this subsection shall be credited
against the perimctct landscaping requirements
in Section 16-6-7.F EM C.
(4, Adjustments 10 Minimum Width o f Screening Arca. The
City may increase or decrease the minimum widlh of the
screening area, and/or the amount of landscaping
required, when reasonably necessary to create a more
effective buffer, 10 better accommodate uro&11-sca le or
m:xed-use development and redevelopment in the TSA
or business :zone distriets, or where a site contains
unique features (such as, but not limited to, changes in
topography between lhe adjacent uses). All such
adjustments shall be punuant 10 the procedures for
administrative adjustments in Section 16-2-17 EMC.
(5) Screening of Utilities, Loading Areas, Outdoor Storage,
and TnlSh Collection/Compaction Areas.
(a) Applicability. The screening standards in the
following summaiy Table 16-6-7.4 &hall apply
to : (I) all utility and other ground-mounted
equipment visible from public or private streets;
and (2) to all loading areas, outdoor storage, and
trash collection/compaction areas, exccpl for
areas located on sites with one-unit residential
uses or areas that arc only visible from lots with
indllSlrial uses.
51
~ 1 V 1,),, • · '•t. ~~ ~~:.~Q:/~~1~~ ~--~ _-~{ :Lir{,i,L · '_~s":S ·'::=_= ~~=-~~~:~~J;;=/ __ ~ i Utility or Other Groulld-Mountocl Equipment
Truck Parking and Loading Areas
Outdoor Storage Area
Trash Collection/Compaction .•:-...is
52
To the maximum extent practicable, evergreen shrubs or trees (as 1all as the enclosure) shall be used to screen utility service boxes and other ground-mounted equipment visible from public or orivate streets.
Within a minimum I 5-foot wide area, a minimum
of one (I) continuous row of evergreen shrubs
(minimum S feet tall at maturity) planted at a
minimum spacing of 5 feet on center, and
deciduous u-ees planted at an average of o.ne tree
everv 20 linear feet.
• All such areas shall be screened from view from
all property lines and adjacent rights-of-way by an
opaque fence or wall at least 6 feet in heigh! that
incorporates at least one of the predominant
materials and one of the predominant colori used
in the principal structure.
• The fence may exceed 8 feet in height where the
difference in grade bctwee,i the right-of-way and
the outdoor storage area makes a taller fence
necessary to effectively .sc:reen the area.
• A landscaped earth benn may be usocl instead of,
or in combination with a requirocl fence or wall
• If such areas are coverocl, then the covering shall
include at least one of the predominant exposed
roofing colori on the principal structure.
• The perimeter of the fen<:e or wall must be
landscaped with a 7-fOOI wide strip containing a
minimum of one (I) tree for every 150 square feet
of lot area.
• Each such area shall be incorporatocl into the
overall design of the principal structure on the site,
and shall be located in the rear of the site at least
20 feet from any adjacent residential uses, or if
that is not feasible, then on th., sides of the loL
• No such area shall be located within 20 feet of
any streel, public sidewallc, internal pedestrian
way, or residential use.
• Each such trash collection area shall be screened
from view from all property lines by a solid fence
or wall between 6 feet and 8 feet in height. The
access to this enclosure shall be screened with an
opaque gate. Screening fences and walls (not
including gates) shall incorporate at least one of
the predominant materials and one of the
oredominant colors usocl in the orincioal structure.
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(6) Screening or Rooftop Mechanical Equipment and Flues.
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Roof\op mechanical equipment ,.nd appunenanccs shall be scrccncd lO that they arc DOI visible from adjacen1 public streetS or adjacent propenies less than two hundred reel (2001 away when viewed from five rec1
(S') above grade level. Screening enclosures shall use 11
least one (1) of the predominant materials used in the
facades of the principal structure and one or the
predominan1 colors used in the principal suucturc. All
air conditioning compressors shall be completely
-ed. All rooftop and wall vent$ and Oues extending
above the top or the nearcs1 parapet shall be painted
with one of the predominant colors wed in the principal
suueturc. Any rooftop equipment generating off-site
noise shall also be baffled or otherwise anenuated to
direct WJ11voidable noise upward or away from
residential uses.
SerccninR BetwECP NonmidGPtiOI U&G and Rmidsotial
Uts io tbs M·l M·2 M-0·1 and M:-0::2 DiMru
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!Ill
Minimum l :1Ms-1oios Rmuirerl 1 andiGOPed
buffer with treg lasatecl a m.nimum of twentv·
fivF feet '25? PP ccnts ood a minimum of five m •hrulni w five hundred cw •swu:e reei 0r
meoins area Wdwnioe Wall be insraHr4
oo the side of the fenc;Jwall ~
commqcioJ w
Minimum Width of ScresoilPR Area· Five feet w.
Minimum FcncdWall RcsuimEPJ Six foot f6')
hiRh clHs 1 4 5 or 6 wall or fence on
boundary )ipg, with brisk P91J3 met PPC
hundr¢ rwen,v feet l l 2CO on cents or at lot
comm whichsm distance i$ lcss
Scmios BcrwSSP Off.Sm Patkioe Arra IP4 Srreet
Rlshts-of.WIY jg th; M·l gnd M·2 ?-One DiMcts
Lal Minimum J,eodsnoioa Remiud · One Ill trtt nn4 five m shrubs PS thirJx liPEAc req QQ'.) sr
fmntovs I ,IDd§frDpipg 1h11' be iPNJlcd pp tbs
side of the fencs;twall fa.sine tbs S'lrttt deht:2f·
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!Ill Minimum Width of Ssrr:Mine Ara· Five feca !a !'1 Minimum Fmsr&all Rercrnmmt Thirtv to forty•twp inch !30-421 )gsh clYO 1 2 QC 6 ull w fGPGS AP OOYP4frY line with brfok pgffl ma pp; bw¥km twFPf:Y fg;t 1129') on re>Sq QC" lot fr9JPS1 w•~--~·y dif\lOff ii ICM
(EDITORS NOTE: 16+ 7(L) tlaroup (0) coatahu DO cb■D&n u d ii therefore DOI
lacladed bere)
~ Safety C!au.ses. The City C,ounclJ hereby finds, dt:termines, and doclara IMI tbiJ
Ordinance is promwpted uader the general police power of the City of l!aglewood, that it is
promulgaud for the health, aafety, and welfare of the public, and that this Ordinance is neces,a-;
for the preaavati<m of health and ufety and for the protection of public convenience and
welfare. The City Couocil I\Jrtber determines that the Ordinance bean a rational relation to tl.
proper lcgialative object IOlllht to be obwned.
Sumu1, Seycgbility. If &'ly claUIC, lctllcoce, paragraph, or part of this Ordinance or the
applicatioo thereof to any penon or circwnatmces shall for any reuon be adjudged by a court of
COlllpCUIII jurildicdoo inVllid, such judpleltl aball DOI affect, impair or invalidate the remainder
of tbil Ordinance or it applicalion to other pcrscm or clrcumstances.
Smliml.ll. lpcopai,teru QnliMDS'il, All other Ordinlncel or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are berd,y repealed to the extenl of such
inconsistCllC}' or confliCL
~ Effect o[rppeal or modjficatjon. The repeal or modification of Ill}' provision of
theCodeoftbeCity ofEna)ewood by this Ordinance 1bsll DOtrelease, cxtineuish, alter, modify,
or change in whole or in part any penalty. forfeiture, or liability. either civil or criminal, which
sball have beco incurred uoder such provision, and each provision shall be treated and held u
still remaining in force for the pwposes of sust:airun& any and all proper actions, suits,
procccdingl, and prosecutions for the enforcemem of the penalty, forfeiture, or liability, u well
u for the purpose of &U1taining any judgment, dcczcc, or order which can or may be rendered,
entered, or mad. in such actillllS, IUill, proceedings, or prosecutions.
~ fmlllx. The Penalty Provision of Section 1-4-1 EMC shall apply to each and
<!Very violation of this OnlilWlCC.
Introduced, read in full. and pused on fil1t reading on the !st day of June 2009.
Published u a Bill for an Ordinance in the City", official nCWIJllPCI' on the s• day of June, 2009 .
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Published as a Bill for an Ordinance on the Ci ty's official website begmni.ig on the 3" day of June. 2009 for thiny (30) <bys ATTEST:
Loucrishia A. Ellis, Gil)' Clerk
I, Loucrisbia A. Ellis, City Clerk of the City ofEnglewood, Colorado, hereby certify that the
above and foregoing is a true copy of• Bill for an Ordinance, introduced, read in full, llJld passed on
first reading on the I S1 <by of June, 2009.
Loucrishla A. Ellis
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fH COU NCIL CO MMUNI CATION Dale: Agenda Item: I Sub ject: Julv6 , 2009 10 a Council Bill No. 2& • Amendment to the O fficla l Zoning Map to Rezone Portions 01 the Medical District Area to M-1 and M•2 Mixed Use Medical Zone Districts
In itial ed B)~
Community Development Depanment
I Staff So urce:
John Voboril, Planner
COUNCIL GOAL ANO PREVIOUS CO UNCIL ACTION
Council chose to make economic development a top Council goal in early 2006, and has continued
to reaffirm this goal as a top priority. The Med',cal Zone and Overlay District t .mendments to the
Tide 1 & of the Umf,e:f Development Code (proposed for adoption under a related, but separate
ordinance) and the \rn~11dment to the Officla1I Zoning Map to Rezone Portions of the Med ical
District Area to M.'f and M•2 Mixed Use Medical Districts and to Establish Areas In which M-0-1
and M.Q.2 Meo.cal Overlay District Regulations Apply, have been developed in response to
S:ouncil's desire to establish more development-friendly regulations in the immediate vicinity of
Swedish Medltal Center and Craig Hospital 10 take advantage of developme nt Interest In the area .
Arst reading for Council BIii No. 26: Amendment to the Official Zoning Map to Rezone Portions of
the Medical District Area to M-1 and M-2 Mixed Use Medical Zone Districts and to Establish Areas
In Which M·O 1 and M-02 Medical Overlay District Regulations Apply an d closely related, but
separate Council Bill No. 25: Medical Zone and Overlay District Amendments 10 Title 16 of the
Unified Development Code, took place al the June I, 2009 Council Regular Meeting. Council set a
Public Hearing scheduled for July 6, 2009 in order to gather public-testimony on both bills.
The following tlmellne presents a complete lis1 of Council actions on the Amendment to the Official
Zoning Map to Rezone Portions of the Medical District area (as well as the dosely related but
separate ordinance to establish new Medical Zone and Overla1• District re~ulations) beginn 1ng with
the Englewood Down town and Medical District Small Area Plan process:
June 20•, 1006 Study Session: CD Proposal to Undertake Small Area Planning Process fot the
Englewood Downtown and Medical Districts
Februa ry 20"', 200 7 Study Session: Review of Englewood Down, ·•wn and Medical District Small
Area Plan Polky Document Goals and Obiectives
April 2", 2007 Regular Meeting: Co uncil Approval of Englewood Downtown and Medical
District Small Area Plan Policy Document Goals and Objectives
by Resolution
June t 6•, 2008 Study Se,sion: Englewood Medica l District Smal1 'rea Rezoni ng Plan Update
October 13"', 2008 Stud) Session: Presentation oi Medical Zone and 0-erla, District Amendment Concepts and Rezoning Boundaries • June t •, 2009 Regular Meeting; Council Approval 01 Council Bill No. 25 and 26 on Rrst Reading and Scheduling 01 July &• Public Hearing Date RECOMMENDED ACTION Community Development seeks Council support to conduct a Public Heanng in order to gather
public testimony on dosely related Council Bill No. 25 : Medical Zone and°' erlay District
Amendments and Council BIii No. 26: Amendment to the Official Zonlnr Map to Rezone Portions
of the Medical District and to Establish Areas in Which Medical Overlay District Regulations Apply,
at the Jul\' 6"'. 2009 Council Regular Metung.
BACKG ROUND, ANALYSIS, ANO DESCR IPTION 0~ PREFERRED ALTERNATIVE
8j1dground
In order to support Council's economic development agenda, Community Development proposed
undertaking a small area planning process focused on the Englewood Downtown and Medkal
Districts ,n the fall of 2006. All residents, property owners, and business owners were invited to
become participating stakeholders In a series of meetings designed to foster discussion of planning
goals and objectives for the area. The resulting policy document Englewood Downtown and
Ml'dica/ District Small Area Plan, was officially adop!ed In the spring of 2007. •
Soon after adoption of th e Englewood Downtown and Medical Dlwict Small Area Plan, Community
Development staff began the process 01 developing proposed boundaries for new Medical Zone
and Overlay Districts based on goals and objectives for the six sub-areas that made up the original
Medical Dis trict study area. These goals and objectives we re developed from stakeholder
responses to question, asking participants to 1dentiiy areas where change was appropriate as well
as areas where stability was desired. Community Development staff developed th e proposed
boundaries to Incl ude identlned areas of change and excl ude Identified areas of stabili ty.
Community Development staff began to work dosely with the Planning and Zoning Commission to
examine and reAne the proposed bounda ries for th e new Medical Zone and Overlay Districts
through a series of five study sessions beginning on April 24.,, 2008 and ending on September J'",
2008. The Planning Commission made slight mod,fica tlons to the internal boundaries between the
M· 1 and M-1 Zone Districts, as we ll as slight modifications to the height zone boundaries. A final
study session was held on lanuary 21", 2009 In response to a request by a private property owner
to modin the proposed boundanes of the 145 1001 height zone to include the west side of Emerson
Street as well as expansion of the overlay district boundary In order to Inclu de addit ional properties
on the east side of Emerson Street However, Planning Commission did not feel the arguments
made in support 01 the proposal were strong enough to w,roant revisions.
Soon after the September 3"', 2008 wraJHJp study session, Cc,rnmunity Development staff Invited
Craig Hospital and Swedish Medical Center executive staff to ,,,eel wid, City staff In order to hear a
presentation on the Medical Zone and Overlay District concepts and the prop osed boundaries for •
the Medical Zone and Overlay Districts and give feedback on October 14•, and October 29.,,
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1e1apec11, el\. hecull\ e s1am 1rom bo1h hospitals expressed satlsiaclion with the proposed regula1ions and boundarie1a, acknO\\ ledsing that the ne" ,egulations and boundarie1a \\ ould give 1hem more ~ex1bil ity to expand their curren 1 facilities on prope11ies the hospitals currentl)' 0\\n. At this tim e, Community Development staff also p,epared 10 take the proposed Medical Zone and Overlay District boundarlM back to the community s1akeholders for their reacllons. Once again, all residents. prope11\ owne,s, and business O\\ne,s \\1th,n and one block beyond the Downtown and Medical Dislrict srudy area boundaries were Invited to attend s1akeholder meelings on NO\ember 12., and 13". 2008. Stakeholden \\ere generally accepting of 1he proposed Medical Zone a11d Overlay l''stricl boundaries presented to them, recognizing that the proposed boundaries generally
conformed to 1he sub-area goals and objectives of 1h e original Englewood Oowmown and Medical
Dlsu:=i Small Area Plan.
A public hearing before 1he Englewood l'tanning and Zoning Commission was held o n May s••,
2009 on th e Amendment to the Official Zoning Map to Rezone PO<lions of the Medical Dislrict. as
-,-.11 as the sep.1rate but relaled case amending 1he Unified Development Code 10 lncorpora1e the
new Medical Zone and Overlay Dlstricl regulations. The ( ommission made a motion to forwa rd
the Amendment to 1he Official Zoning Map to Rezone Portions of the Medical Dislricl lo Ct1y
Council with a favorable recommendalion for approval.
City Council mO\ed in supporl c Council BIii No. 26, Amendmenl 10 the Official Zoning Map
Rezone Portions of the Medical Dlscrict on First Reading at the June 1 • City Council Regu lar
Meeting and scheduled a Public Hearing for July 6~, 2009 In order to gather public testimony.
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The proposed boundaries for the Amendmen1 to the Official Zoning Map to Rezone Portions of •he
Medical District area to the newly developed M· 1 and M-2 Mixed Use Medical Zone Districts, and
10 Establish Areas In which the newly developed M-0-1 and M-0-2 Medical Overlay District
Regu lations Apply, have been de1aigned to fos ter economic development and expansion. The
proposed new zoning and overlay district boundaries hold many advantages over the existing
zoning patterns:
• The new zone district boundaries effectively separate areas sla ted for change from
residential neighborhoods where significant change is not desired, The new M-1 and M-2
Zc,ne District boundaries were drawn to on ly Include areas In which stakeholde• ,Jicat~.
"ere acceptable areas of change.
• The new zone district boundaries effective ly ~xpand the area allowing retail uses In to 11 ,.
area directly south of the Swedish Medical Center and Craig Hospital campuses and
tradi tional Old Hampden corridor, to include prime development parcels located at the
corners of Logan and Clarkson with US Highway 285.
• The new overlay dlstric r boundaries effectivel1• establish a transitional area bet\, een the M-1
and M-2 Zone Districts, and residential neighborhoods 10 the north and south, which allow
these areas to serve a supportive development role in conjunction with primary M-1 and M•
2 Zone District developments, and at the same tim e, provide a measure of protection for
adjacent residential areas
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Desaiption of Preferred Alternative M-1: Mixed Use Medical, Office, and High Density Residential Zone District This zone d1smct allows hospitals and medical uses, as well as general office, high density residential, and hotels as primary land uses. The distri ct covers th e exis ti ng main hospital camp us areas. In order to protect residentia l neighborhoods to the north, It does no t all ow retail as a primary use. M-2: Mixed Use Medical, Office, Hi gh Density Res idential, and limited Retail Zone District
This zone district allows t-:,pltals, and medical uses, as well as general office, high density
residential, hotels, and limited retail as primary land uses. Retail uses are restricted to nn more than
10,000 square fee~ with exceptlons made for strategic properties located at the in1ersections of
Logan, Oarkson, and Hampcen with US Highway 285. The district win not all01, new auto-oriented
uses to be established. The district covers the his1orical Old Hampden business corridor as well as
the area directly south of the hospital campuses stretching to. and including the Oarkson and Logan
Intersections with US Highway 285.
M-0-1: Mixed Use Medical Overlay District
This overlay district covers a portion of the MU-R-3-B base residen tial zone district from the
ce nterline of Gira rd Avenue to poin ts 13 0 to 160 feet to the north. Under the M-O-1 Overlay
District re gulations, properties must follow the existing MU-R-3-B regu lations for land use, density,
and heigh~ but are allowed to follow the more flexible M-1 /M-2 setback regularions.
M-0-2 : Mixed Use Medical Overlay District
This overlay distnct covers a portion of the R-2-B base residential zone distric~ covering the firs t
residential lot adjacent to the historical Old Hampden Avenue business corridor. Property owners
may develop these lots under the R-2-8 base residential zone district regulations or may opt to
combine the property with adjacent properties with frontage on Hampden A, enue In order to
create a deeper lot for a larger mixed use, residential, or office developmen~ or as a parking area
for a single use retail development.
SUMMA RY
The proposed Amendment to the Officia l Zoning Map to Re2,,ne Portions of the Medical District
Area to M-1 and M-2 Ml~ed Use Medical Zone Districts, and to Establish Areas In which M-0-1 and
M-0-2 Medical Overlay District Regulations -'pply (as well as the dosely related but separate
ordinance to establish ne" Medical Zone a, Overlay District regulations) represents the
achievement of the firs t 1mplementa11on step 101,ard the realization of the Engles,ood Medical
Oh lrict vision.
FINANCIAL IMPACT
No direct financia l costs are anticipated from the adoption of th e proposed amendments.
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LIST OF ATTACHMENTS Planning and Zoning Comrn,ssion Public Hea ri ng 'v1lnu1es: May s•, 2009 Planning and Zoning Comminion Public Hearing Findings of Fact May s•, 2009 Proposed Bill for Ordinance
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r..sm.n, Jnd Zorunr tomnu()wn P...bli .. Hrannr ("* •~00,-0:i UMt cW?\?009.01 ,,.~ ~-?O(W Pac, I o'10 CITY Of ENGLEWOOD PLANNING AND ZONING COMM ISSION REGULAR MEETING May 5, 2009 I. CA LL TO ORDER 0
The re&ular meeting of the Citv Planning and Zoning Commission was called lo order al
7:06 p.m. in the Council Chamber~ of lhe Englewood Civic Cenler, Vice Chair Knoth
presiding.
Present
Absent :
Slaff:
Roth , King. Welker, Calonder, Krieger, Knoth, Fish, Kinion
Brick, Bleile
Alan While, Community Developmenl Director
lohn Voboril, Planner
Nancy Reid, Assis1an1 City Allorney
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APPROVAL 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 correc1io ns.
There were none.
AYES :
NAYS:
ABSTAIN :
ABSENT:
Roth, Welker, Krieger, Calonder, Knoth, Fish , Kin&
None
None
Brick. Bleile
Mo1ion carried.
Ill. PUB LIC HEAR ING: CASE #2008-03 AND CASE #ZON2009--01
Welker moved:
Ro1h second,•d: THE PUBLIC HEARING ON CASE #2008-03 AND CASE
#ZON2009-01 BE OPENED
AYES :
NAYS:
Knolh, Rolh, We lker, King, Krieger, Calonde;, Fish
None
rl..nnmp 1mJ /~1ninF Comm1\\wn rut-ill, llr;mnl!, C-11,.c lf200~•t1' .itt • .,7{)~lOI.N-OI \b~ ~.10111~ PllfC' =,.,IO ABSTAI:-.'· ABS(I\ T· one llrick, Bleile Motion earned. Mr. Vobu11I Planner, was swom in. He stated tonight 's Public I learmg will be focusing on two rl'lated but separatP zoning cases, Ca,e # 2003-03, Medical Zone and Overb,
Amendments to Title 16 and Case #ZON:?009-01 , Amendment to the Official Zoning Map
to rezone an area of the City general!\ bounded b1 South Logan Street, East Girard
A, enue, South Lafaye tt e Stree 1 and Little Dry Creek 10 M-1 and M-2 Mixed Use Medical
Di st ricts and to establish areas in which 1upplemental M-O-1 and M-O-2 Medical Overlay
District Regulations Apply.
CASC 12008-03
Mr. Voboril st ated he has proof of publication of the public hearing noti ce, which was
published in the fng/ewond Herald on April 17, 2009. The Swedish Medical Ce nter and
Craig I lospital area was firs t iden1ified as a potential area of change in Roadmap
Englewood: The 2003 Englewood Comprehensive Pl~n. In support of that vision the
Community Development Staff, with the support of City Council, began to develop a small
area planning process centered on the Downto\\n and Medical District areas in the fall of
2006. Five thousand people were in, ited to participate as stakeholders: all propert\'
owners, business owners and residents within the two original study area districts plus an
additional one block radi us beyond those borders. Three hundred people regisl ered to
participate and approxlmJtely 150 actually attended the meetings. At the stakeholder's
meetings Communit1• De, elopment Staff save a presentation on the existing issu es and
condihon~ within the two districts and posed a number of qul!Stions to the stakeh!'ltk,rs
conceming what types of dt'\elopment the1 felt were appropriate in the Medical D,Mnd.
From that feedback. Staff developed a vision, goals and objectives that were then
incorporated into the Small Area Plan document. This policy document went hefore
Planning Commission in a simil ar Pu blic I !earing process and was recommended for
adoption and approved by Resolution h)' City Council in the spring of 2007. Shortly afler
that. Staff began to work on an analvsis of thf:' existing medical dislrict zoning in order to
determine \\hether it ,\as conduc ive to achieving the vision, goals and objectives th,11 were
found ,n the policy document Staff determined t"at the existing zoning "as not condunve
to thE' vision on the Small Area Plan documl•nt. Staff then began working on dL'velopin)l
medic,11 districl conc!'pts for rezoning the ared , Once that wa, rnmpleted, another series of
stud\ ,essic,ns with the l'l,1nning and Zoning Commission were, he ld to explain the
cont ept s and to ma~e refinements. When completed, presentation, were once again hrld
with tht-sl a~eholde~ and the hospital stafi. The hospital m~1,ngs occurred 1n September
and October of 2008 and the stakeholder's meellngs were on November 12 and 13, 2008
At the meetings, Staff presented the concepts. The feedback from the meetings WdS that
Staff had generally created amendments that were in the spirit of what was in the policy
document.
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f'lPnH}t ~nJ lon1n~ l OOlffll''''"' l'uM1. I leinn~ l'1..\t A101tk-O~ ind •70~Wl)(HII \b, ".100-,. P;arr 1 of 10 Comprehensi,e Plan Housmg Goal t l stales ·P,omote a baian ced mix of ~~'.:~ .. ,s opportumt,es serving the needs of all current and future En11lewood citizens ·. Supporting that goal, Small A1l!a Pl an Housing Go,11 n sta les "Enco urage in\'eslmen ls in new housing within the Medical Center area • The insp,ra1ion for the Medical Zone and O.erlay District Amendments, ,n terms of housing. comes from The Terraces at Pennsylvania pr!'iect. This is a recen tl y com pleled project buih b" th e Englewood Hou sing Au tho rity wh ich was forced
to go lhrough a Planned Unit Development Rezoning process. S1afi would like lo allow that
type of development 10 occur "i thout the rewnmg requirement Staff focused on making
the setbacks more fle xible and creating a large r development envelope on a particular
property for more 0ex1bili1y fo r development purposes. Also, St aii loo ked a, cha nging the
way the City regulates the number of residential units on a propert\'· Existing zoning
regulates the number or residenhal units by land area per umt . Staff suggests S\\ itching to a
syste m whic h wo uld regulate the number of resident ial un its on a deve lo pme nt bv th e
maximum height reslrictions and min imum parking requirements. Staff also instituted a
number of difierent height zones Some area heights were kepi at the current le,el in order
10 1irotect the neighhmhoods 10 lhe north and the eas t. In other areas soulh or 1h e main
hospital campu s. Slalf created a height zone of 145 feet to encournge a more intensive
residential type development in an area that would not affect the single-family residential
neighborhoods to the north and east. As for landscaping, Staff has transitioned away from a
suburban residential style to a more ur ban style .
Mr. Voboril staled he would now be discussing business goals. Comprehensive Business
Goa l #5 sta tes "Recognize unique chara cteri~tics Jnd associa ted opportunities for
enhancing the va lue of Englewood's commercial. industria l and mixed-use distric ts." In
support of this Comprehensive Plan goal Staff has recognized three Small Area Plan
Busi ness Goals. They are:
I. Promote 1he old I !ampden Corridor as a fine grained pedestrian onen1ed
con-m~rcial districl .
2. Expand opportunities for the recruitml•nl and de,elopment of ne,ghhorhoocl
servini: businesses within the Medical Center District.
3. Wor~ clo~ely with Swedi~h and Craig Hospi1als to acrnmmodate iaciht\
expansion in a manner lh,11 present><; and enhances the quahh m life ,n
surrounding ne ,ghhorhoods.
In support of these butjness i:o,1ls the follo\\mg items havl' heen incorporated in1O the
Men,cal Zoning Amendments:
I . For land uses Slaff has expanded the area for retail development from the
original Old Hampden MU-8-2 corridor to inclu<le the area ><>ulh or the
mectical campus stretching to I lighway 28 5 betw een Loga n anct Emerso n
Plam1~ and Zoning Comm1ss,m Pubt1r Hcannc Ctit :200~.l &M •ZO~.?~I \11) 5. ?009 rlli;c 4 orlO Street At the same tune, Staff has restric1ed the maximum size of retail per parcel to I 0,000 square feet in the spirit of the small scale retail that was envisioned In the Small Area Plan Policy document 2. Hotel use has been added 10 the entire medical district area In support of the hospitals so that families of patients would have a place to stay in the a;ea .
3. New automobile uses have been removed from the corridor in the spirit of
the Small Area Plan Policy document Existing automobile uses can continue
10 operate, but in the future no new au tomobile uses will be allowed to come
into the district.
4, Setbacks have been made more flexible, creating a larger building envelope
and more flexibili:y for developers.
5. Landscaping has transitioned away from a residential suburban s1yle to a
more urban style of standards similar to the MU-8-1 and MU-8-2 Districts we
have today.
6. Pedestrian oriented designs have been incorporated into the Amendments
such as bringing the building close 10 the street (zero and no more than 10
feet away from the property l ine); crea t ing a more retail friendly pedestrian
district and creating the opportunity for sidewalk cafes; forcing the parking to
locate primarily to the re.ir and side of the building; and also requiring a
certain percenIage of windows for first floor retail so that people walking by
can see the activity inside.
Staff recommends to the Pbnning and Zoning Commission the following motions
concerning CASE #2008-03:
1. ThJt residents, property owners, and bus iness owners having personal
interests within and one block beyond the original Downtown and Medical
District study area boundaries were invited to participate as commuruty
stakeholders in a review of the proposed Medical Zone and Overlay District
concepts.
2. That two stakeholder meetings were held on November 12 and l 3, 2008 In
order to present proposals for Medical Zone and Overlay District concepts
based on previous direcuons given by stakeholders documented in the goal,
and objectives of the Englewood Downtown and Medic.ii District Small Area
Plan.
3. That the proposed amendments related to the creation of the M· 1 and M-2
Zone Districts and the M-0-1 and M{)-2 Overlay Distri cts are consiitent with
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PIJ.nmnf JnJ [1,n1n, ( ufnn11,\11'M1 Pu~h~ 1 kJ.m1i ( ~ •:?{NJ•d)l •"'1 •/O~~(MIL>-01 \1.a~ ,. 21)U-) P.11r ~ of IO the gc,als Jnd object" e, 01 ~oadmap Englew-.,on: The 200 l En•;lewood ComprehenS1ve Plan -1. Thal the proposed amendments related lo the creation oi the M· I and ,'vl-2 Zone Dis1ricts and 1he ,\i\.Q.l and M-O-2 O.erlay Dis1nc1s shoi.ld be adopled as p.,11 of Tille 16: Umfied Developmen1 Code of lhe Engll"l,ood Municipal Code.
CASE #ZON2009-01
Mr. Voboril presen1ed proof of no11fica1ion oi u,.-Public Hearing published ,n 1he
Englewood Herald on April 17. 2009.
The Medical Dis1ric1 area was initially id enti fied in Roadmap Englewood: The 2003
Englewood Comprehensive Plan as a po1en1ial area of change for the City of Englewood. In
support of that vis ion 1he Cily of Englewood Community Developmenl Derar1men1 began
a Small Area Planning process In the fa ll of 2006 with the blessings of City Council. Five
thousand le11ers were malled to all business owners, property owners and resicien1 s within
the two districts inviting th em 10 par1icipa1e in a series of stakeholders meeti ngs. Three
hundred people registered 10 partici11a1e and approximately 150 people a11ended the
meetings. Al the slakeholde rs meetinos Staff gave a presentation on exisling Issues and
conditions found in the Medical ,. ., .. ,c1 area. Staff 1hen posed a series o/ questions 10 the
stakeho lders concerning the areas they felt were areas of s1abili1y and those that were areas
of change. Staff took that feedback and developed the vision, goals, and objectives that
were 1hen incorporated into the Small Area Pla~ning Policy documenl which "as then
broughl before the Plarning Commission in a Public Hearing. It was recommended for
appro, al 10 Cit\' Council and Cily Council approved the document by Resoluuon in th<'
spring of 2007. Soon after 1hal S 1aff began 10 work on developing a rezonins bounda')
area /or the medical d1stnc1
Sta1i had onginally divided the area into six difierenl sub-areas. Stakeholders were asked In
focus on each ~ub-area, look al the ex,~ling cond,uons and then comment on what area,
1hey feh were ,1ppropria1 e for change and "hich areas the)' did not want lose<> significant
change in. Staff 1hen developed a series of goals and ob1ec1i, es for each sub-area. Staff then
used th o;e goals ,1nd ohiec1" cs 10 creat e 1he boundaries for the rezoning area . Once thow
boundaries were develored S1afr twld a series of Planning Commission s1ud1 session,
whe,e !hose houndarie~ were discussed and slight modificaliom were made. Once the
boundaries II ere final ized S1aff held public ,,.,sions with bo1h the hos1ii1als and II ith lhl•
stakeholders. Maps of the pro11osed boundaries were displayed ,1nd Staff as~ed for
rnmmen1s. Tlwre were no senou\ objections In 1he boundaries.
Al this 11me, Mr. Voboril staled he would like ICl go over the rela1ionship between the Suh-
area Goals and the Medical Zone Overlay Dis trict l>ounrlari es. Sub-areas of cha nge
induderJ Medical Sub-areas 1, 4 ann 6. I le referred 10 ., large display map SPI up fo r the
l1l1nn1ni: and 7onin, c.·C'nlm1~,1f1n P•bh li<1nn 1 c ... •?OOK-0' •nd '11 l'-201111-0 1 Ma, S.200Q r.,, ••f >O Comm1 ioner 's rl'\<Iew . All of Sub-areas I and 4 ha, e been incorporated into 1h1: medical rezoning boundary area Th majoril) of Sub-area 6 has also been included in the re10ning boundary area a well . Sub-areas 3 and 5 were identified as partial Sub-areas of c.11 ange. Medical '-ub-area 3 Goal I! tales "Encourage limited change 10 Swedish owned properties immediate! adja enl to Girard A,enue •. This area i designated in blue on the map ant: a M-O I Overfa •. The e propi'rties are owned by Swedish and Craig and the intent wa to 1llow limited change in these properties in support of the mam hospital use, but at the
same time to limit the encroachment withir. the rest of the Sub-area. The boundary wa
drawn 10 include only the first 100 lo 150 feel of that Sub-area . Medical Sub-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 Uld H~mpden Corridor but wanted to protect the
major ity of the residenhal area to the sou th for the area they supported, Staff rezoned the
current MU-B -2 zone as M-2 with the first property immediately 10 the south designated as
M-0-2, as an overlay district that would serve as a transition zone . Maximum height In this
overlay district wou ld be 32 feet crea ting a nice trans it ion between the business corridor
and the re icfontial area.
Staff recommends 10 the Planning Commiss ion th e following mo tions concerning CASE
#ZON2009-0 I :
I . Thal residents , property owners , and business owners ha•,mg personal
interests within and one block beyond the orl inal Downtown and Medical
District study area boundaries were invited 10 participate as community
stakeholders in a review of the proposed Medical Zone and Overlay District
boundaries.
2. That l\,o stakeholder meetings were held on ovember 12 a1,:I 13 . 200B in
order to present proposals for Medical Zone District and Overla boundanes
based on previous directions given by stakeholders dncu:ne•,ted m the goals
and ob1ec11ves of the Englewood Downtown and Meai J! Oi tricl Small Area
Plan .
3. That the proposal 10 rezone an area of llie City genera:! bound d ~•
Southlogan Street , East Girard Avenue , South lafayelle Street, and Lilli Dry
Cree~. from MU-8-1 . MU-B-2. MU-R-3-B , PUD, R-2-B, and R-1 -C 10 M-1 and
M-2 Zon~ r,; lricts, lo establish areas in which uppl mental M-0-1 dlld M -0 ·
2 Medit di lverlay District regulations apply and Is co nsistent with the goals
and u , dives of Roadmap Englewood : The 2003 Englewood
Compreh. 1 Ive Plan .
4. Tha t the r•r oposal 10 rezone an area of the City g~n •rally bounded by
South .L1'gdn Street, Eas t Gira rd Avenue , Sou th lafayelle Si r el , ~nd Lillie Dry
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• ~JIit .anJ 7.orunr; (~.,,.,,"' ~h:1~ tlnnn1: ( asr •200~,0_l iUlJ •20'2Ut)Q,01 \II\ c.21.(111 P11p r ·u1 10 Cred, trom MU-B•l , MU•B-2, MU-R.1-8, l'UD, ~-2-B and R-1-C to M-1 and M· 2 Zone Districts, 10 establish Meas in which supplementa l M-O-1 and M-0-2 Medical 0. erla1 District regulatoo ns app~• and should bt, adopted as an amendment 10 the Official Zoning Map of the C111 of Englewood. Mr. Voboril offered 10 answer any ques uons the Commission ma\" have
Mr. Roth said for the record ,n Zone Dist ,icl #3, the Commission h,,d an objective in the
Small Area Plan which said "Discourage furt her hospilal expansion beyond the current
hospital owned properties north of Girard A,enue", 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 an" reading the tables correctly, if someone
.verP lo accumulate 24,000 square feet of propelly north of the M-O-1 zone district they
could build to 60 feet and have a hospital use.
Mr, Voboril said at thi~ lime that is cu,r ect. He staled the plan, at this time, 1s that a Phase II
process wo uld need 10 be done in the fut ure after these Medical Zone DiWicts are
approved . Regulations for the MU,R-3-8 would need lo be revisited and al 1ha1 11me Staff
would make the necessary changes that would protect those areas from encroachment
from hospital campus uses.
• Vice Chzlr l\nolh stated the Comrnlsslon discussed having separate columns for M-0-1 and
MU-R-3-8. l< 1ha1 goine 10 be done! Ms. Krieger stated ii was decided to keep them in the
samewlumn.
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Mr, Welker sa,d he was glad Mr. Roth brou3h1 up the issue of hospita l use. He staled he is
comiortahle ii will be !!!visited
Mr. King as•ed Mr. Voboril if there are an)' developers wh,, are currently siUing in the
"ings waiting for this change 10 take place. Mr. Voboril said 111ere was someone looking al
the northwest corner of Highway 285 and S. Clarkson Street for a hotel type of use .
Vire Ct,air Knoth thanked Mr. Voboril for his presentation.
Vice Chair Knoth ask ed Ms. Perry-Smith 10 comt' 10 the podium.
PlJBLIC TESTIMONY (Both Cases)
Ms. Debbie Perry-Smith was sworn in. She 1,,anked the Planning and Zon ing Commission
for the opportunity 10 speak in favor of both ca~es to night . Sh e stated she Jnd her husb.l nd
have been property owners in Englewood for almost 20 year~. She sa id they completed a
pioneering project lasl year at 960 East I lampden Avenue and really likes the direction the
C11y is going. Old Hampden 1s a gateway tn Englewood through 1he Medical DiWict. She
staled ;he ha; been very much lnvolv~d in this pro cess and auended the stakeholder
PlllMIR(I. anJ /..001n1 Comm •rm r1.ibh, Hnnn1 Cm •?00 -0) and •zO,!fl0•UII \11) S. lOOII Pa , hfln me ling; since da1• one . She said she would hke 10 see 1he Ci11• e pand lhe bounda') where 1he slep down is allowed . Thal area definilely lends ii ell 10 more pro1 I. like 960 Easl Hampden Avenue . She !hanked lhe Commission for lheir lime. Welker moved · Krieger econded : THE PUBLIC HEARi G O CASC #2008-03 A D CASE
#ZO 2009-01 BE CLOSED
AYES : Knoth, Rolh, Welke,, ,g. Krieger , Calonder, Fish
AYS : one
ABSTAI
ABSENT :
one
Brick, Bleile
Motion carried .
Kri ger moved :
King seconded: CASE #2008-03, AMENDtAE 'TS TO TITLE 16 : UNIFIED
DEVELOPMENT CODE OF THE ENGLEWOOD MUNICIPAL
CODE RELATED TO ESTABLISHING NEW MEDICAL ZONE (M-1
AND M-2 ) AND MEDICAL OVER/. 1 DISTRICTS (M-0-1 ANO
M-0-2), BE RECOMMENDED FuR APPROVAL TO CITY
COUNCIL WITH A FAVORABLE RECOMMENDATION FOR
ADOPTION.
Vice Chair Knolh asked 1he Commission for comments.
Mr. Welker said this process has involved a lot of work for many year.;. He said he beli ves
1he Commission 1s doing 1he nghl 1hmg. Maybe 1he fac1 lha1 lhere 1s 001 a lot oi public here
1onight means 1ha1 1h ou1reach ha been successful and 1he pl anning ha been good . He
commended the City Staff for that .
M . Krieger added lhat the Commission is p!Jbably moving in the nghl direction. She said it
, par11cularly gra1ifying 10 see how fai1hlully Mr. Voboril ha worked wilh 1he is ue and 10
make sure 1h Cammi ,on follow d 1he Comprehen ive Plan initially 10 gel 1he Small Area
Plan inlo lhis form. She said 1ha1 's awesome an d thal's lhl• way it I<. uripn e 10 work .
Mr. Welker said he would like 10 add 10 Mr. Roth 's commenl ; we slill have som issues to
work on . One of lhem is es1ablishing some proteclion be1wee~ 1he Overlay DI lri IS and
the residential dis lrict s 1ha1 1hey are a part of. The bigger concern is parking regulalions ,
which lhe CommissiC"n ha, not reso lved even though we have discussed and studied II at
everal study sessions. Further discussion is needed regarding parking and landscaping.
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Pllnn11\; ;md /011m~ (ommu 1un P1.l:t.i.. H(lnp; ( •~t •200:..(Jl u.nd •1(),!0(1'>-0I \l.l~ ,. :nc.~ r,i, 9 orrn Mr. Fish said he has lived in the area ior 25 years anct walked the streets man\', man\ lune<, mostly ior pleasure. I le slated he ,s exciled 10 see thesP zoning changes lake place ber:ause he feels 1he area has s1agna1ed in some areas. This "ill provide the opportunity ior de, elopmen l along the right tracks. He feels ii is in line with whal the City wants lo do and we need to stimulale development in that area.
Mr. Welker staled it is a goal of hos to crea te new life in 1ha1 area and some viabili ty. One of
the reaso~s the Commission has nol been able to deal wilh the parking issue yet is that we
do not want lo inhibit development there, but structure ii in such a way that it can be
successful and not destroy those things tha need to be maintained in the surrounding dtea.
AYES:
NAYS:
ABSTAl:S.:
ABSENT:
Knoth, Roth, Welker, King. Calender. Kroeger, Fish
None
None
BriLk . Bleile
Mr. Roth voted yes. but wa,,ted to express that 1lie Commission needs to see the missing
issues sooner rather lhan late,
Motion carried .
Fish moved:
Roth seconded : CASE #ZONl(/()9-01, AMENDMENTS TO THE OrFICIAL
ZONING MAP TO REZONE AN ARV. Of THE QTY
CENERALL Y BOUNDED BY SOUTH LOGAN STREET, EAST
GIRARD AVENUE. SOUTH LA,AYITTE STREU ,\ND LITTLE DRY
CREEK FROM MU-B-1, MU-B-2, MU,R-3-B, PUD, R-2-B AND R-1·
C ZONE DISTRICTS TO M-1 ANu M-1 ZONE DISTRICTS AND
TO E~TABLISH AREAS IN WHICH SUPPLEMENTAL M-0-1 AND
M-0-2 MEDICAL OVERLAY DISTRICT REGULATIONS APPLY, BE
RECOMMENDED FOR APPROVAL TO CITY COUNCIL WITH A
FAVORABLE RECOMMENDATION FOR ADOPTION.
Vice Chair Knolh asked if there was any discussion. There was nol. The Vice Chair called
for a vote.
AYES
NAYS:
ABSTAIN:
Ai3SENT:
Knoth, Roth, Welke,, l.;tng. Caionder, Krieger Fish
None
None
Brick, Bleile
Mo1,on carried .
rtiann1n11 .11'J ll~111, t ommi,,ivn l'..1hi~ IIC',.lnflf ( •..c -.11111,.(1, 1mJ /O\W1N~ttl \b~ e._ !11tlQ P.-ft HI ,,1 IU M, l-11eger thanked Mr. \'oboril for all hi< hard "°'k he·, dont> an excellent job and reall\ \\JS re,ponsi,e 10 the Commis;,on's concerns and the staleholder's concern, He reall1 tried to make <ure tha t Staff me1 e, et)one's ,arying idea5 oi \\hat should hapl)<·~ as be<I he could. M "Ir. Weller said. the Commission ha.s "orked long and hard on 1h1s Issue anrt apprec 1aIes 1h1ngs being earned through . Sh" said in her time on the Commission she ha< seen numerous plan, come iorward, bu1 we ne.,.er gel lo lhe 1mpleme1.:d1ion strategies. II 1s reall1 \\0ndenul 10 ,ee that happening. She said kudos lo Mr. V.>Loril and Director While
for keeping the pnonttes in plaLe. Mr. King sec,nded lhat.
I V. PUBLI C FORUM
Th ere" as nothing fu nher 10 report
v. DIRECTOR'S CHOICE
Director White co ngra1ula1ed M r. V<.l,c ril and the Comm ission on a job wt il done.
VI. STAFF'S CHOICE
Director Wh ile no ted the nex t meeting will be held on Iv.,,~ 19, 2009 and Ihe
Commission will con tinue lhe landsca,,ing amendments discussion.
VII. ATTORNEY'S CHOICE
Ms. Reid had nothing IO report.
VIII . COMM ISSIONER'S CHOIC E
The Comm,ss1oners had nothing lurlher lo report.
The mee1In11 ad/OUrnt!d al 7:51 p.m.
Barbara 1-redlo\\, Record,njl Secrclar\
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CITY OF ENGLEWOOD PLAN NING AND ZONI NG COMMIS SION IN THE MATTER O F CASE #ZON2009-0 1, \ FINDINGS OF FACT, CO NC LUS ION S ) ANO ltECO MMEN DATIO NS RELATI NG ) FI ND INGS OF FACT ANO CO NCLUSIO NS OF TH E CITY PLANNING ANO ZONING COMMISSIO N TO THE AME NDMENT TO THE OFF ICI AL ) ZONING MAP TO REZONE AN AREA OF THE ) cm ) )
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INITIATE D BY:
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COMMUNllY O~VELOPMENT
DEPARTM[~T
1000 ENGL EWOO D PARKWAY
EN GLEWOOD, C.O 80110
Commissio n Members Present: Krieger, Ca londe r, Fish, King, Knoth, Roth, Weiker,
Kin ton
Commission Members Absent: Brick, Bleile
ihis m,•tter was heard before the City Planning and Zoning Commission on May 5, 2009 In
the City Cour,cil Chambers of the Englewood Civic Center.
Testimony was received from staff and the public. The Commission received notice of
Public Hearing, the Staff Report, and a copy of the proposed amendment to th e Official
Zoning map which were incorp01ated in to and made a part of the record of the Public
Hearing.
Alter considering lhe statements of the witnesses, and reviewing the pertinent documents,
the members of the City Planning and Zen; ' Commission made the followir,g Findings and
Conclusio ns.
1.
FINDI NGS O F FACT
. · · ~:r th e Public Hearir,f on the Amendments to the Official Zoning Map to Rezone
au .!a of the city generally bounded by South Logan Stree~ East Girard Avenue,
~outi' ;afayette Street and Little Dry Creek from MU-8-1, MU-B-2, MU-R-3-8, PUD,
R,2,B ano ~-1-C Zone Districts to M-1 and M-2 Zone Districts; and 10 establish ,,reas
In which sup,rlemental M-0 -1 and M-O-2 Medical Overlay District R~gulations appi\•
was brought before the Plan nin 3 Commission by the Department of Comriunity
Developmen~ a department of the City of Englewood .
5. THAT two stakeholder meetings were held on November 12 and 13, 2008 m order to present proposals for Medical Zone and Overlay district boun~ries based on previous directions given by stakeholders documented in the goals and objectives of th e Englewood Downtown and Medical District Small Area Plan . 6. THAT the proposal to rezone an area of the City generally bounded by South Logan Street East Girard Aven ue, Sou th Lafayette Street, and Little Dry Creek, from MU-B-l, MU-B-2, MU-R-3-B, PUD, R-2-B and R-l ·C to M-1 and M-2 Zo ne Districts, to establish areas in which supplemental M-O-1 and M-O-2 Medical Overlay District reg~lations apply and is consistent with the goals and objectives or Roadmap
Englewood: The 2003 Englewood Comprehensive Plan.
7. THAT the proposal to rezone an area or the City generally bounded by South Logan
Stree~ East Girard Avenue, South Lafayette Stree~ and Little Dry Creek, from MU.B-
l , MU-B-2, MU-R-3-B, PUD, R-2-B and R-1 -C to M•I and M-2 Zone Districts, to
establish areas in which supplemental M-0-1 and M-0-2 Medical Overlay District
regulations apply and should be adopted as an amendment to the Official Zoning
Map or the City of Englewood.
DEC ISION
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THEREH)RE, it is the decision or the City Planning and Zoning Commission that Case •
#ZON2009-01, Amendment to the Official Zoning map to rezone an .irea of the City
should be referred to the City Council with a favorable recomm endation.
The decision was reached upon a vote on a mo1;on made at the meeting of the Gty
Planning and Zoning Commission on May 5, 2009, by Mr. Fish, seco nded b y Mr. Roth,
which motion states:
AYES :
NAYS:
ABSTAIN:
ABSENT:
CASE #ZON2009-01, AMENDMENTS TO THE OFFICIAL ZONING MAP
TO REZONE AN AREA OF THE CITY GENERALLY BOUNDED BY
SOUTH LOGAN STREET, EAST GIRARD AVENUE, SOUTH LAFAYETTE
STREET AND LITTLE DRY CKEEK 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 IN WHICH SUPPLEMENTAL M-
O-I AND M-0-2 MEDICAL OVERLAY DISTRICT REGULATIONS APPLY,
BE RECOMMENDED FOR APPROVAL TO CITY COUNCIL WITH A
FAVORABLE RECOMMENDATION FOR ADOPTION.
Fish, Knoth, Roth, Welker, King. Calonder, Krieger
None
None
Brick, Bleile
Motion carried. •
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ORDINANCE NO. SERIES OF 1009 BY AUTHO RITY COUNCIL BILL 1'0 26 lNTRUDUCED BY COUNCIL MEMBER ____ _ A Bill FOR Ai'-ORDINANCE AMENDING THE "OFF!ClAL ZONE DISTRICT MAP" OF THE CITY OF
ENGLEWOOD, COLORADO.
WHEREAS. the Englewood City Council chose 10 m.•ke economic development a 1op Council
goal In 2006: and
''-1-IEREAS, the Englev.ood Cny Cowicil has approved• rezoning of the Mcdtcal. \:me and
Ovcrla)' DISlricts in the immediate vicinity of Swedish Medical Center and Craig Hospital : and
WHEREAS. the amendment 10 the Official Zoning Map is needed 10 implement the ,cz.orung of
the Medical District Arca 10 the newly developed M-1, M-2, and Mixed Use Medical Overlay
Distric1s: and
WHEREAS, the Englewood Planning and Zoning recommended approval of this amendment 10
the Official Zoning Map at its May 5, 2009 Meeting:
NOW. TiiEREFORE. BE IT ORDAINED BY lliE CITY COUNCIL OF TIIE CITY OF
ENGLEWOOD, COLORADO. AS FOLLOW::
~-The Ci1y Council of the City of Englewood. Colorado hereby authorizes amending
the Official 7,ene District Map 10 rcOcct the rezoning of the Medical Zone and O,·crlay Districts .
That map as amended is attached hereto as Exhibit A.
~ Snfety Clauses. The City Council hereby finds, determines, and declares that tltis
Ordmance is promulgated under the general pohcc power of the Cny of Englewood. that it is
promulgated for the health. safety. and welfare of the public, and that UJs Ordinar.ce is neccssat)
for the pr=n·ation of health and safct> and for the protection ofpubh: ~, ·•,'tllicncc and
welfare. The City Council funhcr dctmmncs that the Ordmance bear. '•lion I<' the
proper legisla11ve object sought 10 be obtamcd.
~ Sevcrability. If any clause, sentence. paragraph. or pan of mis Cir~ ... •nee or the
applica tion thereof 10 nny person or circumsinnccs shall for any reason be adj,Jdged by a coun of
competent jurisdiction invahd, such JUdgmcn, shall not affect, 1mpa1r or anvalidate the remainder
01 this Ordinance or it application to other persons or circumstances
~ lncc>nsis1en1 Ord nancey, All 01hcr Ordmanccs N pon,ons thereof inconsistent or
conll1c11ng "uh tlus Onlinance or any ponion hereof arc hcreb~ rq,caled to the extent of such
inconsmenc) or conllic1 .
~112, Effect of repeal or mocMjc;mon. The repeal or modificauon or an) prom,on of • the Code ,,r the City or Englewood by 1tur Ordinance shall not release, exungu1sh. alter, modify. or change in whole or in pan any penalty. forfeiture. or liability. either ci,,1 or cnnunal. which shall have been incurred under such pnoviJion. and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, nnd prosecutions for the enforcement of the penalty, forfeiture, or !iability, ns well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered. or made in such actions, suits, proceedings. or prosecutions.
~ fmll.!y. The Penalty Provision or Section 1-4-1 EMC shall apply 10 each and
every violation of this Ordinance.
lnuoduccd, read in full. and passed on first reading on the 1st dai•of June 2009.
Published as a Bill for an Ordinance m the City's official newspaper on the s• day of June. 2009.
Published as a Bill for an Ordinance on the City's of'lic.al website beginning on the 3,. day of
June, 2009 for thiny (30) days.
James K. Woodward, Mayor
ATTEST:
Loucrishia A. Ellis, Cuy Clerk
I. Loucrishia A. Ellis. City Clerk of the City !lf Englewood. Colorado. hereby certify that the
above and foregoing is a true copy of m Bill r~r an Ordinance. introduced. read in full, and passed on
first reading on the I st day or June, 2009.
Loucris~ia A. Ellis
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Zone District M· 1 That part of the SE quarter of Section 34 and the SW quarter of Section 35, Townsh i p 4 South, Range 6B West of the 6th P.M., sltuatect within the City of Englewood, Arapahoe County, Colorado, more particularly described as follows: BEGINNING at the Intersection of the centerlines of 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 of the alley In Block 5, West View Addition; thence
southerly along sa id alley centerline, and the exte:nslon th~reof, 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 Lo~ 31, Block 45, Evanston Broadway Addition; thence easterly along said extended line
to the centerline of South Emerson Street; thence southerly along the centerline of South
Em erson Street a distance of 58 feet tn a line parallel with the south line of Section 35, lying
122 feet northerly therefrom; thence easterly along said parallel line a distance of 652 feet,
across Blocks 46 and 47, Evanston Broadway Addition, to the centerline of South Corona
Street; thence northerly along the centerline of So uth Corona Street a distance of 8 feet to
the extended south line 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 sa id alley centerline to the extended south line of Lot 31,
Block 48, Evanston Broadway Addition; thence easterly along said extended line to •he
centerline of South Downing Street; thence southerly along the centerline of South
Downing Street to the extended south line of Lot 19, Block 49, Evansto n Broadway
Addition ; thence easterly along said extended line to the centerline of t he alley In Block 49,
Evanston Broadway Addition; thence southerly along said alley centerline to the extended
south line of Lot 29, Block 49, Evanston Broadway Addition; thence easterly along said
extended line, also be i ng the south lines and extenslc-ns of: Lots 20 & 29, Block 50,
Evanston Broadway Addition, a distance of 489 feet to the centerline of South Lafayette
Street; thence northerly along the centerline of South Lafayette Street to the centerline of
East Girard Avenue; thence westerly along the centerline of East Gi rard Avenue to lhe Point
of Beginning.
TDGETHER with that part of the NE quarter or Section 3, Township 5 South , Range 68 West
of the 6th P.M., situated within the City of Englewood, Arapahoe County, Colorado, more
particularly described as follows:
BEGINNING at the lntersect,,n of the centerlines of U.S. Highway 285 and South
Pennsylvania Street; thence l'asterly along the centerline of U.S. Highway 285 to the
extended east line of the west h.,lf of Block 8, Higgins Englewood Gardens; thence
southerly along said extended lint to a line parallel with the south line or sai d Block 8, lyi ng
15 feet southerly therefrom; thence easterly along said parallel line to the east line of
Section 3 ; thence southerly along sai.i section line a distance or 15 feet to the northeast
corner of the South half of the NE quartv of Section 3; thence continuing southerly along
Pag e I or 6
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the east fine of Section 3 11 distance of 255 feet, more or less; the'lce westerly e distance of • 55 feet to e point on the north line of Lot 4, Sandra's Subdivision; thence northwesterly along t!,e north fine of Lot 4 a distance of 54.07 feet to an angl t point; thence continuing northwesterly along the north line of Lot 4 a distance of 55.92 feet to the northwest comer of said Lot; thence continuing northwesterly along the north fines of Lots 3, 2, and 1, to the northwest comer of Lot 1, Sandra's Subdivision; thence continuing northwesterly to the southeast a.mer of lot 25, Blodc 6, Higgins Englewood Gardens; the11ce westerly along the south fine of Lot r e distance of 54.08 feet; thence northwesterly to the nor,iwest a>mer of !.Bid Lot 25; thence continuing northwesterly to a point on the centerline of s..,uth
Pennsylvenla Street; thence northerly along the centerline of South Pennsylvania i-treet a
distance of 16.86 feet to the extended north line of l'>t 28, Block, S, Higgins Englewood
Gard ens; thence continuing northerly along the centerline of South Pennsylvania Street to
the Point or Beginning.
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Zone D istrict M-2 That part or the SE quarter of Section 34 and the SW quarter of Section 35, Township 4 South, Range 68 West or the 6th P.M., lhe NE quarter or Section 3 and the NW quarter or Section 2, Township 5 Scuth, Range 68 West or the 6th P.M., situated within the City or Englewood, Arapahoe county, Colorado, more particularly described as rollows: COMMENCING at the Intersection of the centerlines or South Logan Street and Ea st Girard Avenue; thence southerly along the c-,terllne or South Logan Street a dlsta,,ce of 530 feet to the extended south line or Lot 20, &,eek 5, West View Addition, and the TRUE POINT OF
BEGINNING; thence easterly along said extended fine to the centerline of the alley In Block
5, West View Addition; thence southerly along said alley centerline. and the extension
thereor, to the south line or Section 34; thence easterly along said section line to the
southeast corner or Section 34, also being the southwest comer or Section 35; thence
ccntlnulng easterly along the south line of Section 35 to the extende~ centerline or the alley
(now vacated) In Block 45, Evanston Broadway Addition; thence rnortherly al ong said alley
centerline to the •.xtended sc,uth fine of Lot 31, Block 45, Evanston Broadway Addition ;
thence easterly lllong said extended line to the centerline or South Emerson Street; thence
southerly along the centerline or South Emerson Street a d istance of 58 feet to a line
parauel with the south line of Section 35, lying 122 feet northerly therefrom; thence
easterly along said para llel fine a distance of 652 reet, across Blocks 46 and 47, Evanston
Brr.;idway Addition, to the centerline of South Corona Street; thence northerly along the
centerline of South Corona Street a distance or 8 feet to the extended south line of Lot 20,
Block 48, Evanston Broadway Addition; thence easterly along said extended line to the
centerline of the alley In Block 48, Ev.:nston Broadway Addition; thence northerl y a long
said alley centerline to the extended south line of Lot 31, Block 48, Evanston Broadway
Addition; thence easterly alc-ng said extended ll~e to the centerline of South Downing
Street; thence southerly a long the centerline of South Downing Street to the extended
south line of Lot 19, Block 49, Evanston Broi,uway Addition; thence easterly along said
extended line to the centerline of the alley In Block 49, Evanston Broadway Addition;
thence southerly along said alley centerline to the extended south line ot Lo, 29, Block 49,
Evanston Broadway Addition; thence easterly along said extended line, also being the 1,auth
lines and extensions of: Lots 20 & 29, Bl<>ek SO, Evanston Broadway Addition, P distance of
489 feet tc the centerline of South Laf,yette 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 d istance of 9.5 feet, .,ore or less, to the extended
centerline of the right-or-way between Tracts 2 and 3, Verona Place, also known as South
Lafayette Street; thence southerly along the extended centerline of the aforesaid right-of-
way to the centerli ne or U.S. Highway 285; thence southwesterly along the centerline of
U.S Highway 285 to the easl fine of the west half or Tract 3, Verona Place, also being a
pol•,t on the east fine of Jones Sut.dlvlslon; thence northerly along said east lin~ of said
s~bdlvlslon lo the northeast comer of Lot 3, Jones Subdivision; then~e westerly al?ni; the
north fine of Lot 3, and the extension thereof, to the centerline of South Marion Street;
thence southerly along the centerline of South Marlc-n Street to the extended centerline of
the east-west alley In Block 1, Yaeger's Subdivision of Verona Place; thence westerly along
said extended alley centerline to the centerline of South Downing Street; thence southerly
a long the centerline of South Downing Street to the extended south line or Lot 44, Block 1,
Page 3of6
Hi ggins South Broadway Hei ghts; thence westerly along said extended line to the centerline • of the a lley In Bl ock 1, Higgi ns South Broadway Heights; thence northerly along said alley centerline to a line parallel wi th the north line of Section 2, lying 130 feet southerly therefrom; thence westerly along said parallel line, also being the north lines and extensions of: Lot 5, Block 1, Lots 46 & 5, Block 2, and Lots 46 & 5, Block 3, Higgins South Broadway Heights, a distance of 815 f eet to the centerline of South Emerson Street; thence southerly along the centerline or South Emerson Street, and the extension thereof, to the south line of 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 comer thereof, also a bei ng a pcl nt or, the west line of SerJon 2
a11d the east line of Section 3; thence southerly along said east line of Section 3 to a line
parallel w ith the south line of Block 8, Higgins Englewood Gardens, tying 15 feet southerly
therefrom; thence westerly al ong said parallel line to the extended east line of the w est
half of Block 8, Higgi ns Englewood Gardens; thence northerly along said extended line to
the centerli ne of U.S. Highway 285; thence westerly along the centerline of U.S. Highway
285 to the centerline of South Pe,msylvanla Street; thence southerly along the centerline of
South Pennsylvania Street to the extended north line of Lot 28, Block 5, Higgins Englewood
Garoens; thence continuing southerly along the centerline of South Pennsylvania Street, a
distance of 16.£16 feet to a point; thence northwesterly to a point on the east line of Lot 28,
Block 5, Higgins Englewood Gardens, from which the northeast corner nr said Lot bears
northerly 5.72 feet ; thence continuing northwesterly to a point on the west line of Lot 30,
Block 5, Higgins Englewood Gardens, from which the northwest comer or said Lot bears
northerly 5.57 feet; thence westerly to the centerline of the alley In Block 5, Higgins •
Englewood Gardens; thence northerly along said alley centl!rllne a d lst11nce or 5.57 feet to
the extended south line of Lot 18, Block 5, Hi ggins Englewood Gardens; thence westerly
along sai d extended line to the centerli ne of South Logan Street; thenCB,northerly al'lng
the centerline of South Logan Street to the Point of Beginning .
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Ove rlay District M·O·l That pert 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., si tuated within the City of Englewood, Arapahoe County, Colorado, more partlcul ar1y described as follows: BEGINNING at the Intersection of the centerlines of South Pearl Street and East Girard Avenue; thence northerly along the centerline of South Pean Street to the extended north line of Lot 22, Block 2, West View Addition; thence easterly along said extended line, elso
being the north lines and extensions of: Lot 29, Block 2, and Lots 22 &. 29, Block 1, West
View Add ition, a distance of 652 feet to the centerline of South aerkson Street; thence
northerly along the centerline of South Clarkson Street to the extended north llne of Lot 19,
Block 44, Evenston Broedway Addition; thence easterly alonp said extended line to t he
centerline of the alley In Block 44, Evanston Broadway Addition; t hence southerly along
said alley centerline, and the extension thereof, to the centerline of East Girard Avenue;
thence westerly along the centerline of East Girard Avenue to the Point of Beginning •
Poge 5 016
over11v District M-0-2 That part of the NW quart<?r or Section 2, Township 5 South, Range 68 West of the 6th P.M., situated within the City of Englewood, Arapahoe County, Colorado, more particularly described as follov·s: BEGI NNING at the Intersection of the centerline of South Emerson Street and a line parallel with the north line of Section 2, lying 130 feet southerly therefrom; thence easterly along said parallel line, also being the north lines and extensions of: Lots 5 & 46, Block 3, Lots 5 t 46, Block 2, and Lot 5, Block 1, Higgins South Broadway Heights, a distance of 815 feec to
the centerline of the alley In Block 1, Higgins South Broadway Heights; thence southerly
along said alley centerline a distance of 75 feet to the extended south line of Lot 7, Blodc 1
Higgins South Broadway Heights; thence westerly along said extended line to the centerline
of South Corona Street; thence northerly along the centerline of South Corona Stra-,c a
di stance or 25 feet to a line parallel with the north line of Section 2, lying 180 feet southerly
therefrom; thence westerly along said parallel line, also being the south lines and
extensions of: Luts 45 8. 6, Block 2, and Lots 4~ &. 6, Blocl< 3, Higgins South Broadway
Heights, a distance of 652 feet to the centerline of So~!h Er,1erson Street; thence northerly
along the centerline of South Emerson Street to the Point l)f Beginning.
TOGETHER with that part of the NW quarter of Section 2, Townst>lp 5 South, Range 68 West
of the 6th P.M., situated within the City of Englewood, Arapahoe County, Colorado, more
particularly described as follows:
BEGINNI NG at the Intersection of the centerline of South Downing Street with the ext€nded
centerline of the east-we.st alley In Block 1, Yaeger's Subdlv1slon of Verona Place; thence
easterly along said alley centerline to the centerline of South Marlon Street; thence
northerly !!long the centerline of South Marlon Street to the extended north line of Lot 3,
Jones Subd!vlslon; thence easterly along said ext:ended line to the northeast comer of Lot
3, also being a point on the east line of the west half of Tract 3, Veron111 Place; thence
southerly along the East line of Lot 3 to the souther st comer of said Lot; thence westerly
along the south line of the aforesaid Lot 3, and the .. xtenslon thereof, to the centerline of
South Marlon Street; thence southerly along the ce ,erllr,e of South Marlon Street to the
extended south line of Lot 27, Block 1, Yaeger's Subdivision of Verona Place; thence
wester1y along said extended line, a lso being the extended south line of Lot 14, Block 1,
Yaeger's Subdivision of V1orona Place, to the centerline of South Down Ing Street; thence
northerly along the centerline of South Downing Street to the Point of Beginning.
Page 6 of 6
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COUNCIL COMMUNICATION Dat e: Agenda ll t m: Subject: July 6, 2009 11 a I Interg overnmental Agreemen t Ac ce pting a JAG Allocation (2009-G9198-CO-DI) Initiated By: Staff Source:
Police Department John Collins, Deputy Chief of Polic e
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
On S ptember 19, 2008, Ordinance #49 was approved, authorizin~ the accep tance of a Jus tice
Assistance Grant between the City of Englewood and the Justice Assis tance Program . The grant, in
the amount of S 10,360 was uti lized by th~ Police Department to purchase technologica l tools .
On May 4, Council approved Council Bill 14, authorizing applica tion for and acceptance of a
Recovery Act Justice Assistance allocat ion .
On May 28, 2009, the City of Englewood was no ti fied that the Police Department has been
awarded $35,213 via another Justice Assistance Gran t Allocaticm, pursuant to application .
RECOMMENDED ACTION
The Police Department re commends that City Council adopt a bill fo r an ordinance authorizing the
ap pli ca tion for and acceptance of Eng lewood's portion of a Justi ce Assistance Grant (2009-G9 198-
CO-DI). The Justice Assistance Grant requ ires tha t the City of Englewood Police Department
co llaborate with the City of Aurora and the Arapahoe County Sheriff's Office. The tota l
disbursement for these agencies is $404,700. Englewood's share of the total is $35,213 . The
Aurora Police Department will be the fiscal agent fo r the grant.
BACKGROUND, ANALYSIS, AND ALTERNATIVES lf ,ENTIFIED
The Police Department has determined that ils alloca tion will bP used to procure a digital evidence
archive software program, ins tru ctor training and training equ ipmen t for sel f-defense purposes,
additional tasers, portable breath tes ters, two gun clearing c1evices, and one laptop compu ter. Tiie
digital evidence arch ive will manage and store all forms of digi tal evi den ce, thus eli mina ting the
need to store digital evidence In the Evidence/Property Room or on desktop computers ,
FINANCIAL IMPACT
This is a non-match in g grant in the amount of $35,213 . The Pol ice Depa rtm ent will follow standard
City of Englewood purchasing practi ces by requesting quotes fror., private vendors once the grant
mon ies are awarded. It is expected th at su!:-sequent yearly ma intenance agreements for the Digitai
Evidence Archive wi ll be $2,400 . The maintenance fees wil l be paid out 01 the Police Opera tions
budget .
LIST OF ATTACHMENTS
Bill fo r an Ordinance
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ORDINANCE NO. SER IES OF 2009 BY AlITHOklTY COUNCD. BU.L NO. 31 INTRODUCED BY COUNCIL MEMBER J1.1u:, A BILL FOR
AN ORDINANCE AvTHORIZING AN INTERGOVERNMEITTAL A<'.REEMENT
REGARDING THE APPLICATION FOR AND ACCEPTANCE OF A 2009 EDWARD BYRNE
JUSTICE ASSISTANCE GRANT PROGRAM AW ARO -2009-09198-CO-DJ
WHEREAS, lhe Englewood Cicy Council authorized the application for and acceptance of
Justice Assistance Grants (JAG) with the passage of Ordinance #49, Series of 2008: und
Ordinancc#l2, Series 2009; and
WHEREAS, the Bureau of Justice Assistance is requiring the City to colleborate with other
metro agencies in the application for and the administnuioo of the JAG grant; and
WHEREAS, the City wishes to join Arapahoe County and the Cities of Aurora and Ce:ncnnial
in coopc:rating in the JAG prognim; and
WHEREAS, the Justice Assistance Grant is a non-matching grant number 2009-09198-CO-DJ
ofThiny-Five Thousand, Two Hundred and Thinecn dollars, ($35.213.00);
NOW, THEREFORE, BE IT ORDAINED BY TIIE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
~-The City Council of the Cicy of Englewood, Colorado hereby authonzcs the
in tergovernmental ogreemcnt to apply for and accept the Justice Assistance Grant from Edward
Byrne Justice Assistance Grant Program. attached berclo as Exhibit A.
~ The City Manager is authorized to execute said intcrgovcmmen!al agreement
regarding the grant for and Jfl behalf of the City of Englewood.
Introduced, read 1n full, and passed on lint reading on the 6th day of July, 2009 .
Published as a Bill for an Ordinance tn 1hc Ci1y's official newspaper on the 10th day of July, 2009 . Puhl,~~..: as a Bill for ao Ordinance on 1he City's official wcbsi1e beginning on the 81h doy of July, 2009 fo r thi rty (30) days.
James K. Woodward, Mayor
A1TEST:
Loucrislua A. Ellis, Ci ty Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true CO,fY of the Bill for an Ordinance, introduced, read in full, and
passed on first reading on the 6 day of July, 2009
Loucrishia A. Ellis
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GMS APl'LI CATIO. NUM BER: 2009-G9198-CO-DJ AGREEMENT BETWEEN THE C OUNTY OF ARAPAHO I:, COLORADO AND THE CITIES OF AURORA, CEN TENNIAL, AND ENGLEWOOlt, COLORADO, REGARDING TH E 2009 EDWARD BYR NE JUSTICE ASSISTAN CE GRANT (JAG ) PROGRAM AWARD This Ag ree ment is made an~ emered into this 22'111 day of June, 2009. by and between The COUNTY OF ARAPAl10E, on heh.-llf of the ARAPAHOE COUNTY SHERIFF'S OFFICE. hereinafter referred to as COUNTY. the CITY OF AURORA, the CITY OF ENGLEWOOD, and the CITY OF CENTENNlAL, on behalf of the ARAPAHOE COUNTY SHERIFF'S OFFICE
whom the CITY OF CENTENNIAL contracts with to provide law enforcement and emergency
management services, hcre;aaf\cr referred to as CITIES, all of i\rapahoe County, State of
Colorado, witnesscth :
WHEREAS, the Edward Byrne Memorial Justice Assislllllce Grant (JAO ) Program provides
grants to states, uibcs. and local governments 10 support a broad range of activities 10 prevent
and control crime bll!ed on their own local needs and conditions: and
WHEREAS, the CITIES and the COUNTY wis~ to obtain funding from the Edward Byrne
Memorial JAG ror funding the following:
Arapahoe Co unty Shcrifrs Office ($421354) and the Citv or Centennial (S31 1697), in joi nt
participation with the Arapahoe County Sherifrs Office:
2009 JAG FUND ALLOCATION BETWEEN ARAPAHOE COUNTY AND
THE CITY OF CENTENNIAL
Power DMS Trncking Software
Flashcam Graffiti Camera Systems 2@
$6,400
License Plate Reader Maintenance -3 X
$2,000 X 3 Yrs
Bee III Ka-Band Dual Antenna Moving
Radar 6@$2,010
Si car Footwear & Database Tracking
Software
TOTALS
City of Aurora ($295,436)
I. Technology Enhancement= S203,216
2. Forensic C•pabllity Improvement = S28,500
Tota l Amount Centennial County
$16,000 $4,320 $11,680
$12,800
$18,000
$12,060
$15,191
S74,0SI
$7,680 SS,120
$10,800 $7,200
0 $12,060
$8,897 $6,294
SJ J ,697 S42 ,3S4
3. Equipment Acquisition and De·ploymcnt = $53,720
4. Si ngle Audit ., $10,000
GMS APP LI CAT IO ' 'l"M BER: 2009-G9 198-CO-DJ The following arc the itemized lists for each project. 1. Technology Enhancement a) TL• I 00 Training Lab Interactive Use of Force Complete Base System + kits = $46,626 b) Interview Room Recording Equipment (plus interview room gun security lockers)= $30,580 c) Desktop computers & monitor.;~ $2 ,400 d) Video Security System = S 1,475 e) Surveillance Platfonn (vehicle mounted)= $45,434
I) Server for Surveillance Videos "' $29,750
g) IP Camera Surveillance System • $13 ,351
h) Accident Reconstruction Software • $33,600
2. Forensic Capability Improver " !
a) CelleBritc (cell phone processing software)• $6,000
b) Lafayette Computerized Polygraph • SI0,000
c) Logicubc Forensic Talon= $7,000
d) Desktop Co nputer for Surveillance Video viewing= $5,500
3. Equipment Acquisi tion and Deployment
a) Tactical Body Annor = $23,600
b) Night Vision Sighting System (snipers)• S'.'1 ,318
c) Computer for Mobile Command Post a $4,600
d) Throw Phone (SWAT)= Sl,250
e) Tascrs • $7 .952
Single Audit (required of grant) cost a SI0,000
City of En glewood (S35,213l
I. Englewood Police Department : Digital Evidence Archive: $20,50<•.00
2. City of Englewood Police Department Training Program : $4557 .0C·
3. Tascrs : $7290.00
4. Alco Sensor: $1287.00
5. Weapon Safety Device : $712.00
6. Laptop Com, ":: $867.00
WHEREAS, the intent of this Agreement is to have the CITY OF AURORA apply for Ji\O
funds from the United States Depanmcnt of Justice and to divide such giant funds between the
COUNTY and CITIES as set fonh herein ; and
WHEREAS, each governing body, in perfonning governmental functi cns or in paying for the
perfonnance of governmental functions hereunder, shall make that pcrfonnance or those
payments from current revenues legally uvailable to that party: and
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(;MS Al'PLI C'A TION UM BER: 2009-G9 198-CO-DJ WHE REAS, the COUNTY and the Cll Y OF CENTENNIAL are in a contrnctual relationship for the COUNTY to pro,•ide law enforcement and emcrgcnc)' management services to the CITY OF CENTENNIAL, the CITY OF CENTENNIAL agrees tc, turn the funds over to the COUNTY to be used to benefit the CITY OF CENTENNIAL: and W HEREAS, cnch governing body find s lhat the performance of this Agreement is in the best interests of all parties. that the undertaking will bene fit the public. and that the division of costs fairly compensates the performing party for the services or functions under this agreement: and
NOW, THEREFORE, th e COUNT \' nnd CITIES agree 11s fo ll ows:
Sectio n l
The CITY OF AURORA will submit the grant appl ication and take receipt of the funds when
disbursed . The CITY OF AURORA will lhen submit to lhe COUNTY and other CITIES their
allocauon as agreed upon in lhis Agreement. Said funds will be sent to the account and financial
institution provided to the CITY OF AURORA by the COUNTY and other CITIES. The CIT",
OF AURORA will have fifteen business days 10 disburse lh: allocations to the COUNTY and
other CITIES after lhe CITY OF AURORA receives the funds from lhe United States
Department of Justice.
Section 2
The COUNTY and CITIES agree to allocate the tota l dlTl0unt of JAG funds ofS1 ,743,612
available in federal grant monies to all parties in the foll owi ng amounts:
To lhe COUNTY: $42,354.
To the CITY OF CENTENNIAL : $31,697 .
To the CITY OF AURORA : $295,436.
To the CITY OF ENGLEWOOD: $35,213.
Section 3
COUNTY agrees 10 use $42,354 of the JAG funds through September 2012, the period covering
the grant .
CITY OF CENTENNIAL, in joint cooperation with the Arapahoe County SherifT's Office,
agrees to use $31,697 oflhe JAG fund s through September 20 12, the peri od covering the grnnl.
CITY OF AURORA agrees to us.: $295,43 6 oflhe JAG funds thro1•zh September 2012, the
period covering the grant.
GMS Al'PL ICATION NLIMBER: 2009-G9198-CO-DJ CITY OF ENGLEWOOD agrees to use $35,213 of the Jt,G funds through September 2012. the period co\ cring the grant. Sect ion 4 COUNTY nnd other CITIES agrees 10 submit to CITY OF AURORA all financ iru repons. performance rcpuns, and any other repons required by the grant on or before the last rlay of each calcndllr quarter so that the CITY OF AURORA may complete and submit the mandatory quarterly repon to the federal government.
Section S
Each pany to thi s Agreement will be responsible for complying with the terms and conditions nf
the grant and for its own ac tions in providing services under this agreement and shall no1 be
liable fo r any civil liabiliiy that ma> arise from the furnishing of the services by any other party
Each pany understands and agrees that, for purposes of the grant, the CITY OF A UR ORA shall
not be considered a "pass-through enliiy" within the meaning ofOMB Circular A-133 . The
CITY OF AURORA's status shall be that ofa fiscal agent and, as such, the CITY OF AURORA
shal l bear no responsibi lity for monitoring the use of grant funds by any of the other panics lo
this Agreement. Accordingly, each party to this Agreement shall be considered a co-recipient of
the grant and, in that capacity, shall be directly accountable to the United States Depanment or
Justice for all matters concerning grant compliance.
Section 6
The panics to this Agreement do not intend for any third pany 10 obtain any rights b>• vinue of
this agreement or In create any rights in any party not a signatory hereto.
Section 7
By entering into this Agreement, the panics do not intend to create any obligations express or
implied other than those set out herein. This Agreement represents the entire and integrated
agieemenl between the COUNTY and CITIES and supersedes all prior negotiations,
represcnlations or agreements, either written or oral.
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GM' APPLIC'ATIO NllMfl ►:H : 2009-G9198-0-0J ATTEST : CountyClcrlc 130ARD OF CO UNTY COMMI SIONER OF ARAl'AIIO E O TY lly : __________ _ U.'i31\ 8cckmnn, Chair
GM<; ArPLICATION NUI\IBER : 2009-G9198-C'O-DJ ATTEST: en Y OJ 1\LIROR,\ • Dy: __ -Ci1y Clerk Ronnld Miller, C'1l) Mnnn11,c1
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• C MS APPLI CAT IO UM BER: 2009-G9 198-CO-DJ ATTEST: City Clerk CITY OF CENTENN IAL CITY COUNCIL By: _ __...,.,..,.....,.,..,....-=----,----Jacque Wedding-Scou. City Mnnnger
(;I\IS 1\l'l'U CATI ON 'UMDER: 2009-G9198.CO-DJ C'il) Clerk CITY OF ENGLEWOOD CITY COUNC IL By: ___ ~--,--------Gnry Scars, City Manager •
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COUNCIL COMMUNICATI ON Date: Agenda Item: Subject: Ju ly Ci, 2009 11 c l Collective Barg.,ining Agreement Between the City and the EEA for 2010 and 201 l I nitiated fly: I Sta ff Sou rce:
Human ,>;esources Department Sue Eato n, Director of Human Resources
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Th e previous Coll ecti ve Barga ining Agreemen t with the Englewood Employees Association was
approved by Council for 2008 and 2009.
RE COMMENDED ACTION
Staff requ~ts Council appmval of the Collective Bargaining Agreement between the Englewood
Employees Association and the City of Englewood for the years 2010 and 2011. Th e contract
covers approximately 198 employees .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood and the Englewood Employees Association entered into negohations In May
of 2009 In accordance with the City of Englewood Charter. The members of the Englewood
Employees Associa tion duly ratified, by a majority vote, the Coll ective Bargaining Agreement The
significant changes to the contract are as follows:
1. No wage increases or merit pay will be awarded in 2010.
2. The duration of the con tract will be January 1, 20 10 througli December 31, 2Gl l, except
that either party may reopen negotiations on: compensation, overtime, perwnal leave
and/or short term disability by May 15, 2010.
3. The City will pay $100 per month for Retiree health Insurance Assis tance 10 employees
retiring on or after January 1, 2010. The previous benefit was $75 per month.
FINANCIAL IMPACT
The financial impact of #3) will be approximately $800. The Impact of #2) Is not known at th is lime,
LIST OF ATTAC HMENTS
EEA Collective Bargaining Agreement for 2010 and 201 l
Reso luti on
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COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE
CITY OF ENGLEWOOD
ANDTHB
ENGLEWOOD EMPLOYEES ASSOCIATION
JANUARY I, 20 10-DECEMBER 31, 2011
• X .. f " I T A
• INDEX PAGE ARTICLE I INTRODUcno
ARTICLE2 DURA 1 ION OF CONTRACT 3
ARTICLE) RECOGN1i1O1'1 4
AR'nCLE4 EMPLOYEE RIGHTS 5
ARTICLES HOURS OF WORK 6
ARTICLE6 OVERTIME WORK 7
ARTICLE? ACTING PAY 8
ARTICLES COMPENSATION 9 • ARTICLE9 LONGEVITY COMPENSATION Ii:
ARTICLE IO ANNUAL LEA VE II
ARTICLE 11 PERSONAL LEA VE 12
ARTICLE 12 SHORT TERM DISABILITY (STD) 13
ARTICLE 13 WORKERS' COMPENSA TIO 15
ARTICLE 14 \.!ILITARY LEAVE 16
ARTICLE 15 FUNERAL LEA VE 17
ARTICLE 16 JURY DUTY AND WITNESS SERVICE 18
ARTICLE 17 HOLIDAYS 19
ARTICLE 18 UNtFORM CLEANING ALLOWANCE 20
ARTICLE 19 TUITION REIMBURSEMENT/DEGREE Ar.HJ EVEMENT 21 • RECOGNITION
ARTICLE 20 LIFE INSURANCE 22 • ARTICLE 21 INSURANCE 23 ARTICLE22 RETIREE HEALrn INSURANCE ASSISTANCE 24 ARTICtF"• PENSION/RETIREMENT PLANS 25
ARTICL'i24 LAYOFF 26
ARTICLE25 LEA VE OF ABSENCE (WITHOUT PAY) 27
ARTICLE26 GRIEVANCE PROCEDURE 28
ARTICLB27 WRITTEN CORRECTIVE ACTION 30
ARTICLE28 DUES DEDUCTION 31
ARTICLE 29 ASSOCIATION ACTIVITIES 32
ARTICLE JO STANDBY PAY 33
ARTICLE JI CALLBACK 34 • ARTICLE32 LABOR MANAGEMENT COMMITTEE 35
ARTICLE33 EXC LUSIVENESS OF CONTRACT 36
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CONTRACT BETWEEN THE CITY OF ENGLEWOOD ANDTI-fE ENGLEWOOD EMPLOY~ ASSOCIA TJON
ARTICLE I. INTRODUcnON
This contract entered into by Ille City of Englewood, Colorado, anl. the Englewood
Employees Association has as its purpose the promotion ofhannonious relttion., l>ctween ihe City of
Englewood and its Employees, a fair and peaceful procedure for the resolution of differences; the
esUblishment of rates of pay and hours ohmrk, me! olherconditions of employment as set out in the
City Charter.
Excepl where limited by expr .. ss provisions elsewhere in this contract, nothing in this
conttaet shall be conslnled to restnCI, limit or impair the rights, powers and authority of the City as
granted to it under the laws of the State of Colorado and the City's Charter and Municipal Code. The
rights, powm, and authority include, but arc not limited to, the following:
A. To ddermine the overall mission .,r the City as a unit of government
B. To maintain and improve the efficiency and effectiveness of City operations.
C. To determine the sctViccs to be rendered, the operations to be performed, the
technology to be utilized, or ihe matters to be budgeted.
D. To determine the overall methods, processes, mcans,job classifications or personnel
by which City operations are to be conducted.
E. To direct, supervise, hire, promote, transfer, assig,1, schedule, retain or lay-off
employees.
F. To suspend. discipline, discharge, or demote for just cause, all full-time permanent
classified employees.
G. To relieve employees from duties because of lack of work or funds. or wider
conditions where the City dctennincs continued work would be inefficient or nonproductive.
H. To like whllever other ac:tions may be necessary to cany out the wishes of the public
not otherwise specified herein or limited by a collective bargaining contracL
To lllke any and ull actioll.'i to carryout the mission of the City in cases of emergency .
J. Nolhing contained herein shall prcclude the City from confe rring with its employees for purposes of developing policies to eITcctuatc or implemenl any of the above enumerated rights. The C11y ~1.ains the righ1 to change any past practice which is not in violation of this conlrlet. In the even! 1 past pnctice is sought 10 be changed by the City Managerordeparunent directors, the Englewood Employees Association will be provided reasonable wrincn notice of the intended change. The Englewood Employees Association retains the right to grieve any change in practice which is in violation or this contract •
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ARTICLE 2. DURATION OF CONTRACT A. This conLraet will take efTect on January I, 20 IO, and shall continue i,. force to and including December 3 1,201 I, provided that eithe r party may reopen negotiations for Art.ictt 6, Overtime, Article 8, Compensation, Article I I, Personal Leave, Article 12, Short Term Disability, by giving written notice of intent to negotiate prior to May IS, 2010. B. This contract or any part ofit may be tcnninatcd or renegotiated at anytime by mutual
consent of both panics.
C. If any article or section ofL"is conLract should be held invalid by operation oflaw or
any Court of competent _iurisdiction, or if compliance with or enforcement of any article or section
should be restrained by such Court, the remoind cr ofth is contract shall not be affected thereby and
this contract shall remain in fu ll force and efTcct, and th~ parties shall promptly meet anrl negotiate
for the purpose of attempting to :urive al a mutually sati.sfa~tory replacement for such article or
section.
D. The panics agree and understand lhat provisions relating to employees covered by this
contract shall in no way displace or modify present or future statutory case law of the State of
Colorado.
E. The parties acknowledge that during negotiations which resulted in th is N ntract, each
had the unlimited right and o pportuniiy to make demands and propostls with respect to .i.ny subject
or matter appropriate for con1Iact negotiations and that the understandings and agRements arrived et
by the parties after this cx~rcise of that right and opportunity arc set forth in the contract
ART I LE 3. RECOG ITION The Cil) recognizes the Englewood Employees Association as the sole organ11.Ation ccrt11ied pursuanl 10 the provisions of the Charter .:if the City of Englewood as the cxclusi\e ~ntative for the public employees within the following bargaining unit: Included : All full-time, classified employees of the City.
Excluded : All supervisory, managerial, confidential, part-time, temporary, and
contractual employees, and all employees hired through the use of FeJeral , State or other outside
funding sources for special projects or programs, and all othen who may be dctennincd prior to or
durin~ the life of this contract as provided under the City Charter. •
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ARTICLE 4. EMPLOYEE RIGHTS A full-time classified employee who is not excluded per Aniclc 3. (Recognition) of this con1.rac1 shall have the right: A. To form, join, suppon or participate in, or lo refrain from forming. joining, supponing. or panicipating in the employee organization or its lawful activities ; and
B. Barpin collectively through their certified en:ployec representative,
C. No employee shall be interfered with, rcsuaincd, coerced or discriminated against
because of the exercise of these rights nor shall the right of an individua.1 employee to discuss
employment concerns with the City be infringed upon .
ARTICLE 5. HOUR OF WORK A II de pan men ts, functions or activities shall observe office and working hours neee s.,ary for the efficient transa cti on of their respective serv ices . A. All employees covered by this contract shall work at least forty (40) hours per week . Tiw work week shall con sist of five (5) eight-hour shifts , or other work schedules as detennined by the department director per the "Modified Worl..-week Schedules" policy . All employees shall be
scheduled to work n regular work schedule and each shift shall have a regular stoning and quilting
time. Sh ould the work schedule be changed , affected employees will be notified 24 hours in advance
except in the case of an emergency as detennined by the department director .
B. F ployees shall be entitled to two (2) paid rest periods not to exceed fifteen (15)
minutes or one (I ) thirty (30) minute rest period for each shift worked. Rest periods shall be under
the control of the supervisor or department director .
C. When possible, employees who work beyond their regular quitting time into an
overtime situation will be eligible for a fifteen ( 15) minute rest period before they begin the overtime
work . When possible, additional rest periods will be granted under the control of the supervisor or
department director similar to resl periods granted under subparagraph B. above .
D. When necessary, employees shall be granted a fifteen {15) minute personal clean-up
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period prior to the end of each shift. The clean-up period shall be under the control of the supervisor
or department director. •
E. All employees will be granted an unpaid lunch period during each shift. As a nonnal
occurrenc,;, this lunch break will commence between the beginning of the third hour and the
beginning of the sixth hour of the shift. An employee and supervisor may agree to waive th is time
limit due to work related or personal issues .
See CityofEnglcwood Adm inistrative Policy# 2, "Hours of Work/Overtime", and Policy 113,
"Meal Breaks", for further clarification .
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ARTICLE 6. OVERTIME WORK A. For all employees covered by thts contract, except as specified below, duties perfonncd over and above lhe assigned work schedule shall be considered ovcnime . 8 . FI...SA non-exempt (hourly) employees shall be compensated for ovcnimc work at lhe rate of one nnd one-half (I• In) limes the nonnal pay rate or compensatory Lime off, computed at lhc rate ofone and onc-half(l•l/2) times . Because compensatory time is accrued atone and one•half(I •
112) times , it shall not be considered as "hours worked" for purposes of overtime calculation .
work . The City retains the right to ffiign overtime work to any employee qualified to pcrfonn the
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ART ICLE 7. ACTING PAY All persons appointed to an acting positfon, at the sole discretion of the Director, will be compensated at the minimum nue of the acting position pay range or 5% above the employee's current rate of pay, whichever is greater. The employee must be in an acting capacity for thirty (30) consecutive calendar days before said employee becomes eligible for acting pay. Such pay will be retroactive to the first day the employee assumes the responsibility of the position.
See City of Englewood Administrative Policy Man.ial, Policy Ill," Acting Pay" for discussion
of acting pay for positions not cove red by this contract. •
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ARTICLF" ~. CO:v!PENSATION The Cil} spay philosophy is 10 position the maximums of EEA pay grades al the rr.edian of the maximums of 1hc rnarlcCL A. RECLASSTFICATION OF PCSITIONS If a job is reclassified tr, a grade higher than it occupied prior 10 the Salary Survey (as defined in the Compensation nnd Classification Plan document) the incumbcnt's pay will remain the seme
until his/her nexl Performance Evaluation . If however, the employee's pay at the time of
reclassification is below the minimum of the 1'ew grade range, ii will be brought IO the minimum
of the new grade range prior and in additio.1 10 any increase based upon the Performance
Evaluation score as described below. Notwithsi.•"ding the above, during the calendar year2009
the scheduled Sallll')' Survey will not be condur,cd, but will be deferred until 2010. Thus no
Survey related reclassification or associated wage increases will be implemented in 20 I 0.
B. WAG E INCREASES
In 2010, employees of the City of Englewood represented by the Englewood Employees
Associe!ion and covered by this contract shall receive no increase (0%) on the base wage in
effect as of December 31, 2009 nor will any increase contemplated by the next three paragraphs
of this Article 8, B apply. Wages for 2011 will be negotiated in 20 10, based on the following.
Employees whose wages arc below ~,e maximum point of their grade range arc eligible for a
base pay building developmental increase, from 3% to a maximum of 5%, on their annual
evaluation date. An employee's increase pc:ccnt is based on the score received on his/her
Performance Evaluation, not to exceed the maximum of the grade range.
Employees who have progressed through the developmental 1.0ne and reached the maximum of
their grade range will ,o longer be eligible for base pay building increases. They will , howescr,
be eligible for a one-time, lump•sum, Merit Pay award. The Merit Pay award is based on the
score received on the employee's Performance Evaluation.
Employees in the developmental zone whose evaluation scores would raise their pay above the
maximum of the ran ge, will be given base pay increases to the maximum of the grade range only.
Any additional award will be non base building and awarded in the form of Merit Pay.
Note Rcprdk,1 o(fac:l«al Store on t.1e l'crfcwmanci. EvaJu,tion. no P'J' inc,nsc iar Mcul l"ay tlNUld WIii be: IJ11nled ,r.,, employee kt on•
Pcd0fflll11te ln1povanen1 I,_■ any ata 0Mt 1bc toa6wto1t1 of the PIP hlvt btal mer_ lhl ~ wll ~lvt lbc appropnale .acarc.
~Wltilr:PIP~dak
C. A change in the evaluation date will result when:
(I) The employee is on leave without pay. (Sec Article 27 .) Leave of Absence
(Without Pay)
(2) The employee terminnles his/her employment and Inter is reemployed. The
new evaluation date shall be determined by his/her new em ployment date.
(3) The employee is promoted, demoted or transferred .
Fundamenlll l changes to the above will be made only with prior consultation and review with
association rcprcscntntives.
ARTI L • 9. LONG EVITY COMPE SA TIO EfTec1ivc January I. 1984, and lhercaf\er. all new hires shall not be eligible for longevity compt,nsation.
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ARTI CLE 10. ANNUAL LEAVE Employees covered by this con lracl shal l cam annual leave each pay period as follows: Length of Houis per HOUIS per Earning Service Pay Pc:tiod Year Limits I. 0-4 YClllS 3.1& 80 160 His.
(thru 48 mos.)
2. 5-9 Years 4 ,2 120 240 Hrs ..
(49 lhru 108 mos .•
3. lo+ Years 6 IS 160 320 Hrs.
(l09+mos.)
Accumulntion of annual leave shall neither be authorized nor computed for any purpose after the
maximum earning limit has been reached.. Pan time service is not included in lhe "lcngth of service"
calculation for annual leave eligibility.
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The schedule for use of 1Mual leave shall be dctennined by the needs oflhe department.
Annual leave shall be taken at the time convenient to and approved by the department director or
supervisor. Howevc:t, the City will make reasonable efforts to accommodate the request of an
employee to use llMual leave where a genuine emergency situation exists.
Anm!!!..Javc Pay
The rate of annual leave pay shall be the employee's regular straight time hourly rate of pay
for the employee's regular job. Annual leave shall be al lowtd only to the tout! hourly amount
accumulated up to and during tl,e pay period in which the leave is taken.
Worlt During Annual Leave
If, after the employee has begun hislhcf annual leave a,,d the City requires the employee to
work during the scheduled annual leave period, the employee will not be charged with v~n time
for the number of hours worked.
Annual Leave Pav UpJn Separation
When an employee tcnninatcs employment with the City, they will be compensated for
unused annual leave earned as oflhc date ofo:paration. Annual leave is not 10 be used 10 extend an
employee· s date of separation .
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ART ICLE 11. PERSONAL LEA VE All employees covered by this contracl shall be gnmted 48 hours of personal leave time with pay which an cmploye<· is entitled 10 use for the following purposes: A. Employee's own illness/injury B. lllness/injury of employee's family
C. To anend to personal business
For any employee who has not used the 48 hours of personal leave time ending October 31 of
each year or any portion thereof, the City will compensate sa id employee for the unused time nl the
employee's regular wage rate to be paid during the month of November of that year. Personal leave
time mall not exceed 48 hours nor shall it be accumulated or carried over from one ycM to the next
Personal leave shall be scheduled and administered under the dircctior. of the department director or
supervisor. In the event of illness/injury in which personal leave is requested, shill work employees
shall notify their supervisor al least one (l) hour prior 10 their scheduled reporting time. Personal
leave shall be prorated for employees beginning and terminating employmtnt with the Chy during
the November I-October 31 tim e period.
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ARTICL E 12. SHORT TERM DISABILITY (STD) (Formerly Temporary Disability-Non Job-Related) Short term disability (STD) granted for rJn-service connected injury or illness of an employee with at least ninety (90) days of suvice with the City, whose disability prevents the employee from performing hisi1ler duties. ST::> is paid at I 00-/4 of the employee's regular hourly rate.
The City agrees to provide employees covered by this contract STD leave with pay for
employees absent as a res~lt of illness/injury as follows:
91 days-4 ycnrs
(thru 48 mos.)
S-9 years
(49 thru 108 mos.)
l o+ years
(109+ mos.)
347 working hours
520 working hours
693 working hours
STD leave shall not be accumulative. January I of each year the City shall reslot'II 100% of
the number of hours used by an employee during the preceding year as follo ws:
91 days-4 years
5-9 years
I0+years
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up to a maximum of 173 working hours
up to a maximum of 260 working hours
up to a maximum of347 working hours
A. Authorization for STD leave with pay shall only be grantca after the first normul daily
shift of di'lllbility. The elimination shift to access STD shall be taken and paid in the follo wing
order: personal leave, annual leave, compensatory time. If all accrued leaves have been exhausted,
the elimination shift shall be taken as leave without pay.
B. Authorization for STD shall only be l'J'lllltcd for personal illness or injury. not service
coMcctcd, including maternity related disability.
Sec City of Englewood Administrative Policy #31, "family and Medical Leave Act
(FMLA)".
Sick Leave Option
All sick leave accrued by pcnnancnl employees prior lo January I, 1980 shall vest with the
employee, and may be used in the following manner:
A. After exhausting STD hours.
8 . By cas hing in nil accrued sick leave accumulated under the previous plan upon normal
ret irement from the City at the rat• of one hou~s pay fo r each two hours of accrued sick leave or one
hou~s pay for each four hours upon separati on fr om the City.
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C. By ca hing in accrued sick leave, once each year at lhe conversion rate c,f four (4) hours sick leave for one (I) hour pay. not to exceed a com·ersion of more lhnn 400 hours each year . .B.eponing orsm The employee or I member of lhe employee's household shall not ify lhc employee's supervisor al least one hour prior to lhc employee's scheduled n,porting time. " STD leave will be
granted to an employee who fails to notify their superviso r prior to the beginning oflhe employee's
work shin.
Verification of Di~ahjlity
If absence from work is lhrec (3) days or more, a medical release must be provided me
employee's supervisor, who will forward it to Human Resources for possible Family and fl/ 'ica l
Leave qualification.
A.lw£illl.Q
Abuse of STD occurs when an employer nii•rcprescnts the actua l reason for request "". 'i ID
or when an employee uses STD leave for unaulho1 ,,,ed purposes. An employee who make~ r. !:•I:.¢
claim fo~ STD leave sha ll be subject to discip linary action up to and including termination.
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ARTI CLE 13. WORKERS' COMPENSA noN A. For any on-t he-job injury which causes an employee to be absent from work as a result of such injury, the Ci I)' shall pay to such employee his/her full wages from the first day of his/her absence from work up to and including the 90th calendar day of such absence, less wha,evcr sums received by the emplo}'C',! as disability benefits under workers' compensation. The City requires any employee on workers' compensation to submit to an examination(s) by City-appointed physicinn(s) at the City's expense or :i nd ,r the provis ion of workers' compensation. If the injury or
illness results in an absence of over 90 days, the employee may request to supplement the 66&2/3%
wage benefit pnted by the provisions of workers' co ,,pcnsation with personal leave, annual leave
or sick leave(ifapplicable). Short tum disability is available only for non workrelated illnesses or
injuries, so cannot :,c used as a supplement , he workers' compensation bcneliL
B. All workers' compensation injur:es shall oo reported to the employee's supervisor
withi n 24 hours of the injury or before the employee leaves his/her departm ent of employment.
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ART ICLE 14. MILITARY LEAVE The authority for this policy is derived from the provisions of the Uniformed Services Emp loyment and Reemployment Ri&hL~ Act of 199~ (USERRA ) and Section 28-3-601 C.R.S. through Section 28-3-607 C.R.S. 11,c City is obli gated to grant military leave without loss of pay for absences not exceed ing fifteen (I 5) days in any calendar year. Fifteen ( I 5) days equates to fifteen 8-hour days, or 120 hrs.
The City coonot require an employee to use annual leave for such purposes. The employee may,
however, request use or vacation, compensalory tune, or leave without pay IO supplement absences
exceeding U1ose covered by the fifteen (15) day military leave allowance.
Military leave of absence will result in no loss of &ny condition or cmplo)mcn1 tha1 would
have normally occurred if the employee had not been absent for such purposes.
Employees arc responsible for providing their de.,.inment di~tors copies or all military
orders that will result io a leave of absence for active military duty. Employees arc also required IO
notify their superviso-s a: the earliest possible date upon learn ing of scheduled military duty.
Em~loyees who fai l to return to wort. . .ccording to the provisions of USERRA and Section
28°3-601 C.R.S. througj1 Section 28•3•607 C.R.S. are subjr:Gt to disciplinary aclion up to nnd
including termination.
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Employees must remn 10 the Cil) any pay received by the military for the period oflime the •
employee is on paid miUtary leave. This remittance shall occur io~11cdiatcly upon receipt of the
military ~y (in instances that the military pay is greater than the employee's City pay, the employee
ma) elect to forego City paid military leave).
The City will make a reasonable effort to adjust work schedules and assignments to
nccommodatc employees fulfilling military obligations.
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ARTICLE 15. FUNERAL LEA VE Full-time cmplnyccs are eligible for up to forty (40) hows offunerai 1eave. AMual or personal leave may be ,cqucsted if additional time off is necessary. Funeral leave applies to members of the employee's family. For purposes of this policy, "Employee's Family" will mean the employee's spouse, or the children, grandchildren, parents, grandparents, brothers, and sisters of the employee or o f the employee's spouse .
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ARTICLE 16. JURY DUTY AND WITNESS SERVICE Leave will be gn,nted lo an employee called for jury duty or 10 appear as a wilnes. .n his/her official capacity in obedience 10 a subpoena or direction by legal authority. The employee will receive !heir regular salary for jUI)' duty served. Any jUI)' pay will be reimbu~ 10 the City. The employee may main any reimbursements for mileage and parking. Employees on jUI)' duty or called as a witness in !heir official, City capacity will be expected 10 work as much or their
regularly scheduled workday as !heir jlll)' duty schedule or appearance in court permits .
When an employee is subpoenaed as a witness in private li tigation lo testify, not in
his/her official capacity but as an individual, accumulated leaves will be used to cover lhe time
absent. All accumulated leaves must be exhausted before lhe time absent can be taken as leave
without pay.
Employees will n.ol be paid overtime or cam compensatory time fo r time served as a juror
or a witness. Overtime is computed on hours actually worked over forty (40) hours al the
assigned job.
An employee must return to work after being excused from jury duty if there arc more
than two (2) hours left in their regularly, scheduled workday.
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ARTICLE 17. HOLIDAYS A. The following dayi shall be considered official holidays by the Ciry and all employees covered by this contract shall be entitled to ninery-six (96) hours of holiday pay: I. 111°··· Year's Day: January I. 2. ..a Luther King Day: the third Monday in January. 3. President's Day: the third Monday in February.
4. Memorial Day: the last Monday in May.
5 Independence Day: July 4.
6 Labor Day: the fiirst Monday in September.
7 Veteran's Day: November 11.
8. Thanksgiving Day: the fourth Thursday in November.
9 Fourth Friday of November following Thanksgiving Day.
IO Christmas Eve: December 24.
11. Christmas Day: December 25.
12. New Year's Eve Day: December 31.
B. Any employee covered by this conlnlCI who does not perform duty scheduled on the
working days or have approved paid leave immediately prior to and following a holiday shall not
receive pay for the holiday.
C. Employees required to work on an official Ciry holiday will receive approved holiday
pa:,, at two and one halftimes the employee's regular hourly rate for holiday hours actually worked
up to 8 hours. Rours worked over 8 hours will be paid at theovcrt ,me rate (um : and one-ball). For
dcpanments permitting other holiday compensation optioos, the procedures are as follows:
a. Approved overtime pay (time and one-hall) for number of hours actually
worked on the holiday IN ADDmON TO up to 8 buurs of holiday leave to bank and
take at a later date : OR
b. Approved straight time pay for number of hours actually worked on the
holiday up to 8 hours (hours worked over 8 will be paid al the overtime rate of time
and one-half) IN ADDITION TO up to 8 hours of Comp Time(occrued at time and
occ-half) to be taken at a later date; OR
c. Approved holiday pay at two and one-half times the employee's regular
hourly rate for holiday hours actually worked up to 8 hours. Hours worked over 8
hours will be paid at the overtime rate (time and one-half.)
0. When one or the foregl'ing holidays falls on a Sunday, the following Monday shall be
observed as the legal holiday. When ar,y of the foregoing holidays fall on a Saturday, each employee
shall be entitled to a day off for such holiday, which day off shall be scheduled as the City Mana.ger
determines, but no specific day shall be observed as a holiday for purpose or closing City offices and
functions .
See City of Englewood Administrative Policy #33, "Official Holidays", for further
clnrilication.
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ARTI CLE 18. UNIFORM CLEANING ALLO"' ANCE If an employee is required to wear a unifonn, the employee shall wear the unifonn only as authorized by the dcpattment work rules. The City will provide unifonns, cleaning and replacements. The City will provide S0"/4 of the cost of required work shoes up to a maximum of $90 per year except with department director approval. All employees shall maintain a presentable
appca:ance while on duty. The employee: is responsible for any damage to the uniform by negligence
or deliberate acL
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RT! LE 19. TUmoN REIMBURSEMENT / DEGREE ACHIEVEMENT RECOG mo See City or Englewood Administrative Policy 129, "Tuition Rcimbul'Sl:mcnl/Dcgrcc Achicvemen1 Rccognitiontt .
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ARTICLE 20. LIFE INSURANCE Term lift insurance will be provided by lhe City for employees ,overed by this contract in the amount of one time his/her an-iuml salary. The minimum benefit is SJ0,000 and the maximum benefit is SS0,000. Upon separation from employment, the empkyce may convcn the life insurance per the life insurance plan conversion agreement in place al the lime of his-1,er separation from employment
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ARTICLE 21.1 'SURANCE A. MEDICAL The Chy will pay ninety percent (90%) of the premium cost for "employee only" cover11ge, eighty-live percent (85%) of the premium cost for "employee plus one co mge nnd eighty percent (80"/4) of lhc premium cost for "family" cover11ge for medical insurance . Employees will pay either ten percent (I 0%), fifteen percent ( 15%), or twenty percent (20%) of the premium cost for medical insurance, depending on lhc level of covcr11ge .
8. DENTAL
The City will pay ninety percent (90-/4) of the premium cost for "emp loyee only"
coverage, eip~ty-five percent {85%) of the premium cost fo r "e mployee plus one" covel'll8e
and cigl>ty j'• "tint (80%) of the pre mium cost fo r "fam ily" coverage fo r den tal insurance .
Ell' p:,,yecs, ·:1 pay ei th erten perce nt (I 0%), fi fteen perce nt (I 5%), or twen ty percen t (20-/4)
of ti ,. premium cost for dental insurance, depending on the level of coverage.
,;, Ar1y fapmo co ncern ing th e interpretation or applicat ion of benefi ts provi de d
u~dcr the hcalt , nr dental plPns shall be subject to the plan appea l proc ess. It is ex press ly
und erstood th I J•,s arti cle is a non-grievable item under th is contract.
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ARTI CL E 22. RETIREE HEALTH INSURANCE ASSISTANCE Retirees will be guaranteed conversion privileges to the Health Insurance Conversion Pl1111 available through the City. For those who retired prior to December J •, 1996, the City will pay $SO per month. For retirees aftcrJanuary I, 1997, the City will pay $75 per month. For those who retire on or after J1111uary I, 2010, the City will pay SIOOpermonth. For purposes of this Anicle, Mrctirce" shall be defi ned as all employees who separate from the City al
age SS or older and have completed IS years of contincous, pcnnanent, full -time service
(immediately pi :-ceding the date of separation). Sec City of Englewood Administrative Policy #66,
"Retin,c Health Assislllllcc".
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ARTICL 23. PENSION/RETIREMENT PLA S The pcruion plan description for employees covered by this contrac: is set forth tn Title m, Chapter 4 of the Englewood Municipal Code . Additionally, the plan description for the on-Emergency Employees Money Purchase Plan is available for inspection in the Department of Finance and Administrative Services .
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ARTICLE 24. LAYOFF A. Whenever chcrc is lack or work, lack or funds , or under condicions where it is dct<rmined thac C<'~tinucd work would be incfficienc or m,nprod uctive, requiring reductions in the number or employees, the appointing authority shall designale the department and positions in which the layoff is to be made. In identifying indivi daal empl oyees to be laid off. the appointing authority shall consider the relat ive at-ility or oil employees within the posilion classification, taking into account !he employee's documented performance history and then senioril)' with the City.
8 . Employees laid off shall be put on a recall list for one year following their layoff.
Employr.cs recalled from layoff in•o the same job classification shall be recalled in inverse order of
layoff. If they arc recalled inco a different position, those recalled must have thcdcmonstraled ability
and qualifications to perform the available work as determined by the City. No new employees shall
be hired into positions covered I y this contract until all employees on layoff status desiring to tctum
to work have been recalled.
C. Employees identified for layoff shall have the right to disp lace M employee in any
position classification which the employee fo rmerly held in the departmen~ talcing into account both
the employees' documented performance history, demonstrated ability ,nd then seniority with the
City. The employee ultimately displaced shall then be the person laid off unless thut employee in
turn has cffC'-tivc displacing rights under the provi sions of this article.
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• RT I E 25. l EA V OF .\8 ENCE (WITHO UT PAY) Afier twelve months or continuous service and upon approval or the depanment director . in concum:ncc w11h the Human Resources Director, employees may be granted an unpaid leave or absence or up to one>= for compelling pcJSOnal reasons not related 10 Family and Mc:li cal Lca"c reasons All accrued, paid leave must be exhausted before lhc beginning or the unpaid leave or
absence . Employees on such leave do not accrue personal leave, annual leave or longevity pay.
Employees on unpaid leave or absence are not eligible for holiday.jury, mili1ary, foneral or
administr111ivc leave . When an employee is on an unpaid leave or absence, he/she will remain in
the City health end denwl insurance plans, provided the full premium is paid by lhc employee .
The employee m~y retai n the benefit accrual rate the y were eligible for at the beginning of
the unpaid leave, provided the employee ret urns to work with the City on the agree d upon date .
Upo n re turn, th• emp loyee's hire date will be adj usted if the leave has excee ded th irt y (30)
cale nda r days
An employee who engages in oth er emp loymen udin g se lf-empl oyme nt, wh il e on
omcial leave or al,scnce, will ~ termi nated effective as"· the las t day work ed, unl ess pr ior
wri nen approva l has been obtained from the Hum an Re sources Departme nt.
• Employees on an approved leave or absence, who fail to repo.rt for work by the firs t day
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llfler the rxpiration date or the leave of absence or a properly approved extension, will be
tennirnncd from !heir employment with the City as of the last day actually worked .
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ARTICLE 26. GRIEVANCE PROCEDURE A grieva nce is dcrined as a claim or dispute by an employee covered by the tenn s of this contrac t concerning an alleged vio lat ion nf a specific provis ion of this con tra ct. Tite employee shall be required to fo ll ow the pro ced ure as se t r,•11 bel ow : A genera l grievance is defined as P. grievance that conce rns a group of employees or the ba rgai ning unit in gene ral. A general grievance can on ly be filed by the Associatio n within the tim e
frame specified in Step 1, and I.he initial review ·.viii occur by the depart me nt director at Step 2
below.
A. "Work Day" means calen dar days exclusive of Saturdays, Sundays, and City
re cognized holidays.
Step 1.
If the emp loyee is unable to settl e the grievance or dispute orally and info rma lly th roug h
his/her immeo ;a1e superv isor within five (5) working days of the date of the occurrence of the
grievlillce, or the employee's kno wled ge of it, the emp loyee may, with in the succeedi ng five (5) work
days, file a written grievance with his/her supervisor. The sup er·isor shall attempt to adjust the
matter and shall respond in writing to the employee within five ( /workdays.
Step 2.
If the answer is not sat isfactory, th e matter shall be pres ented in writing by the emp loyee to
tile department director within five (5) work days following receipt of th e supervisor's response . The
departmen t directo , shall respond in writing to the employee within fiv e (5) work days .
Step 3.
If th e grievance sti ll remains unadjusted it shall be presented by the empl oyee to th e City
Man ager in wri ting within five (5) work days fo llowi ng rece ipt of the response of th e department
director. The City Manager or his/her de signated hearing omcer shall have a meeting with the
grievant to review th e grieva nce and all rel evant info rm ation. Within ten (I 0) work days of that
meeting , th e City Manager or hisfuer designated he aring officer wi II issue a written decis ion.
Step 4.
l. lflhe p,r ievance is st ill un reso lved, the Associ ation within fourteen (14) ca lendar days
after the reply of thr City Manager or hi s/her designated hearing officer, may by wdtte n notice
request the matter he submitted to arbitra tion. The parties will attempt to choo se a mutu ally
ag reeable ar!iitrnto r, If withi n five (5) days of the req uest for arbitration th e Association and the City
ca nn ot mutually agree on an impartial arbitrator, n request will be filed with the American
Arb it r.:::-~ Association for a panel of seven (7) arbitrators to be sent 10 th e parties . The arbi tr ator
sha ll be selected by a method of alternative wiking of names from th e panel. with the first stri ke
detennined by a coin fli p. The final name le,, on the pane l sha ll be the arbitrator. The arbitrator
shall be recuested to issue a decision withi n thirty (30) days after conclus ion of testimony and
arg um ent.
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1. Each party shall be responsible for wmpcnsation to ilS own rcp,esentalivcs and witnesses. The fees of the arbitnnor shall be borne CG 1ally by the Association and the City. J Autnority of Arbjtrutor The arbitntor shall have no power to add to or submK:t from or change the terms of this conlnlCI. The written decision of the .ubilrator shall be final and binding upon the parties. The
arbitrator shall limit his/her dcci,ion strictly 10 the grievance submitted which has been properly
processed lhrough the :;ricvancc procedure outlined.
4. Failure by an employee or the Association lo comply with any time limitation shall
constitute a settlement of the grievance. Should the employer not respond within the prescribed
lime, the grievance will automatically proceed lo the next step. At the employee's option, the
employer may be allowed additional time to respond.
Proccssjng Grjevancc Durjng Working Hours
Grievances may be investigated and processed by the employee 1r designotcd employee
representative during working hours, within reasonab le time lim its, without loss of pay, provided
notice is given and the workload permits.
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ARTI CU : 27. WRITTEN CORRECTIVE ACTION Whenever more serious grounds for corrective action exist (i.e., more serious than those deemed by lhe supervisor to wamint oral conective a<:tion) the supervisor should issue a written corrective action. The written corrtttive action will be addressed to the employee and will include the following infonnation: • The violation • The spccjfic behavior
• The dates of the behavior
• The warning that continur.nce of the specific behavior will result in disciplinary action, and
• An offer of assistance in correcting the behavior.
Both tl1e employee and supervisor must sign the document (if necessary, the supervisor will note
that the employee refuses to sign the document). A copy of the written corrective action will be
forwarded to Human Rcsowccs to be included in the employee's official personnel file. The
employee will ha·,e the opportunity to submit wrinen comments in res:,onse to •he written corrective
action to be included in their file.
This Article shall not be grievablc under this contract, nor shall it apply to probationary
e11ployecs.
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ARTICLE 28 . DUES DEDUCTION A. The City agrees to deduct the Englewood Employees Association dues each pay period rrom the pay or those employees who individually request in writ i;;g that such deductions be made, subject to the garnishment laws orthe State of Colorado . The amounts to be deducted shall be certified to Human Resources by the Treasurer of the Association, and the aggregate deduction s of all employees shall be remitted together with an itemized statement to the Treasurer by the 15th or the succeeding month, after such deductions are made. The authorization shall be revocable during
the term or the contract, upon wrilten notice by the employee to Human Resources .
8 . Jr no wages are paid to an employee authorizing such deductions in any g,ven pay
period , deduction for that pay periou\S) will be made from any wages which may be paid to h,:,/her
in the succeeding pay period(s). It is eKpressly understood that the City assumes no liability and
shall not be liable for the collection or payment to the Englewood Employees Association of any
dues during anytime that an employee is not actually working for the City and actually on the payroll
of the City. ln the event of error on the check-off list, the City will not be responsible to make
adjustments, until notified by the Treasurer or the Englewood Employees Association.
C. The Englewood Employees Association shall indemnify and hold the City harmless
against any and~:. claims, suits, orders, or judgments brought or issued against the City as a result of
any action taken or not taken by the City under the provision of this Article.
D. Ch8ngcs in the dues amount to be deducted shall be limited to two (2) changes each
year, ;iroviding a thirty (30) day written notice is provided to Human Resources .
E. Should the change in the deduction method requirt a computer programming change,
the Englewood Employees Association shall be responsible for the cost or such change or changes , at
$30 per hour with a four (4) hour maximum . Payment from the Englewood Employees Association
shall be made to the City Finance and Administrative Services Director within ten (I 0) days of
receipt orbilling .
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ARTIC LE 29. ASSOCIA TIO ~' ACTIVITIES The City agrees ihat during working hours on the City premises ond witho ut loss or pay, Englewood Employees Association members may be allowed to; • attend two (2) EEA meetings annually. Th~ City, however, retains the right to maintain appropriate staffing levels as detcnnincd by the department director and will not be required to P•i overtime or compensatory time necessiuned by attend ,cc at the meeting.
Members may be called back from such mcet''lgs to address emergencies. Other
membership meetings may be called 10 aJdrcss issues of general interest. ff ihesc
additional meetings arc held during employees' work shifts, the City retains the right 10
either approve or disapprove aucndancc on City time (i.e., during times other ihan
employees' lunch and break periods). Notice or such meetings, specifying whether II is
biannual or general interest will be provided to directors, managers and supervisors two
weeks in advance, unless it is mutually agreed to waive this provision;
• post EEA notices on City designated bulletin boards;
• solicit EEA memberships during employee's non-work time.
Additionally, the Association may call monihly meetings of its board, 10 be held during the board
members' lunch periods. One (I) week's notice will be given to supervisors if the meetin~ arc
expected to exceed ihc lunch periods.
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Board members may al so be allowed 10 represent employees on grievances. They 1i11 be allowed 10
represent tmployu,. 01 la"cr management committee meetings and negotiations. During •
negotiations, EEA negotiation team members may meet during work hours 10 discuss issues with
appropriate notice given to directors, managers and wpervlsors. The Association team shall not
exceed eight (8) members.
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ARTICLE30. STANDBYPAY Standby pay is defined as compensation for employees covered by this contract who must be immediately avoilnb le to respond while off duty. All employees covered by this contract and assigned standby duty shall be compensated at a rate equal to ~ight (8) hours at hisl1ler regu lar rate of pay for one week of standby duty. Standby pay shall be pror 1ted for standby duty of le~~ than one week. (Ex amp le: nn employee assigned standby duty for one uay will be compensated at ij rn\C equal to 8 hours / 7 = 1.14 hours).
Standby pay shall not be s ubstituted with compensatory time .
ARTIC LE 31. CALL BACK Any time an employee on off-duty status (including stand-by duty) is called back to work he/she shall be credited with a minimum of two (2) hours pay al the rate of one and one-half ( I I /2) times his/her regular hourly rate. With the op;>roval of the dcponmenl director and subject to departmental guidelines, the employee moy choose to substitute e;,mpensotory time for coll back pay.
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I\RTICLE 32. LABOR MANAGEMENT COMMITTEE A labor management comminee consisting of four (4) members appointed by the Association and four (4) members appointed by the City shall meet on a quarterly basis. The cornmillce will only deal with group issues that arc not dealt with through other cxi.sting commillecs or grievance procedures. The Association will send its agenda items to tlie Human Resources Din:ctor at least one (I) week priu to the dale of the quarterly meeting.
City policy changes will be presented al the quarterly labor management committee rr.eetings.
Emergency policy changes will be immediately forwarded 10 the Association for distrioudon .
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ART ICLE 33. EXCLUSIVENESS OF CONTRACT The City and !he Association agr ... that the terms rild provisions herein cont.aincd constitute thr entire conuact between the p3llies. The City and the Association agree lhot all negotiable items have been discussed during the negotiations leading to this contract and therefore, ai:rce that negotiations will not be reopened on any ilCm during the lire of this conhact. ~cept hy mutual apment or the parucs. IN Wl1NESS THEREOF, the parties have caused this contract m be signed by 1heir
respective represent.atives, and their signatures placed thereon, on this _____ day or
June, 2009 at Englewood. Colorado.
ENGLF.WOOD EM PLOYEES
ASSOCIA T!ON
Robcn E. Slcph enson, President
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CITY OF ENGLEWOOD
Ma,ur, Jim Woodward
ATTEST:
City Clerk, Loucrishio A. Ellis
City Manager, Gary Sears
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RESOLUTION NO. SERIES OF 2009 A RESOLUTION AUTHORIZING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE ENGLEWOOD EMPLOYEES ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF JANUARY I , 2010 TI-IROUGH DECEMBER 31, 2011. WHEREAS. the City Council or the City or Englewood authorized "The Collective Bargaining Agreement" with the Englewood Employ= Associaticm for January I, 2008 through
December 31, 2009, by the passage orRcsolution 51, Series 2007; nnd
WHEREAS, the City of Englewood and the Englewood Employees Association entered into
negotiations in May, 2009 in eccordance w11h the Englewood Chy Home Rule Chaner end the
contract provisions; and
WHEREAS, the passage of this Resolution will authorize the provisions of the "Collective
Bargaining Agreement" between the Englewood Employees Association and the City of
Englewood for the period 2010 and 2011; and
WHEREAS, there are several changes 10 the Contract, which nre as follows:
I. No wage ina-eases will be granted in 2010.
2. The Retiree Health Insurance AssiSl8.ICC payment will be increased from $7510$100 per
month for employees retiring on ~rafter 1/1/2010.
3. The duration of the collective bargaining agreement will be from January I, 2010 through
December 31 ,201 I, with a provision for reopening negotiations on certain econorru~
mailers in 2010 for 2011.
WHEREAS. the elected represenlativcs of the Englewood Employees Association duty
ratified the Collective Bargaining Agreement for 2010 and 201 I;
NOW, THEREFORE, BE IT RESOLVED BY THECITY COUNCO. OF THE CITY OF
ENGLEW.:>0O, COLORADO, AS FOLLOWS:
~-The City Council of the City of Englewood. Colondo hereby approves the
Collective Bargaining Agreement between the Englewood Employees Association and the City of
Englewood for the period of January I, 2010 through December 31, 2011, a copy or which is
attached hereto as Exhibit A.
~-The Mayor and the City Clerk are hereby autbonzed to si gn and att est the Collective Barg1unmg Agreement between the Engl ewood Employees Association and the City of Euglewood, Colorado, for the penod of January I, 2010 through December 3 1, 2011. ADOPTED ANO APPROVED this 61h day of July, 2009
ATTEST :
James K. Woodward, Mayo r
Loucri srua A. Ellis , City Clerk
I, Lo ucri shin A. Bilis, Ci ty Clerk fo r th e City of Englewood, Co lora do, hereby certify the
above is a true copy of Resolu tion No . __ , Series of 2009 .
Loucrishia A. Ellis, City Clerk
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C:OUNCIL COMMUN ICATIO N Dat e: Agenda Item: Subj ect: July 6. 2009 11 ell Memorandum of Understanding amending the Collec I1ve Bargaining Agreem ent between the Cir, and the EPBA !Or 2009-2010 Initiated B1~ I Staff Source:
Human Resources Department Sue Eaton, Director oi Human Resources
COUNCIL GOAL AND PREVIOUS COUNC IL ACTION
The Collective Bargaining Agreement \\ith the Englewood Police Benefit Association was approved
by Council for 2009-201 O.
RECOMMENDED ACTION
Staff requests Council's app roval of a Memoran dum of Understanding amending artides 9. 11 and
19 of the 2009-2010 Collective Bargaining Agreement with the Englewood Police Benefi t
Association (EPBA) .
BACKGROUND, ANALYSIS, ANO ALTERNATIVES IDENTIFIED
Per the City's collective bargaining agreement for 2009·2010 with the EPBA. wage increases are 10
be implemented on January 1, 2010 based on the results of the annual sa lary sutvey to he
conducted in 2009. In anticipation of revenue shortfalls the Cit)• requested that the E!'BA defer an\
wage increases on 2010.
Summarized the Memorandum of Understand ing states:
• No adjustments to 2009 wages \\ill be made on January 1, 2010.
• The wage increase (I( any) Indica ted by th e 2009 salary sutvey will be converted instead to
an equivalent number of annual leave hours, to be accrued bi-week ly.
• TI1ere will be no cash-out for unused personal leave in 201 O.
• Emplo1•ees may elect compensatory time In lieu of overtime pay, upon supervisory
approval. This prO\islon will be effective upon Council's appro,al of the MOU.
FINANCIAL IMPACT
The total financial Impact of the memotandum of understanding will not be known until the
completion of the 2009 salary sutvey in November, 2009 .
UST OF ATTACHMENTS
Resolution
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Rl:SOLL'TIO~ ~O. SERIES OF 1009 A RESOLIITIOK AUTHORIZING THE MEMORANDUM OF U?-.DERST ANDING AMENDING THE PROVISIONS OF THE COLLECIB1E BARGAINING CONTRACT BETWEEN THE ENGLEWOOD POLICE BENEFIT ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE YEARS 2009 AND 2010. WHEREAS, the En11lcwood Cny Council authorized "The Collccu,·c Bargaining Contract
BCIViccn the Englewood Pohcc Benefit Associauon and the City of Englewood for the Years
2009 -2010'"; by the passage of Resolution No. 66, Series of 2008; and
WHEREAS, pursuant 10 the City's collective bnrgoining agreement for 2009-2010 with the
Englewood Police Benefit Association (EPBA). wage increases arc to be impl emcntcd on January
I. 2010 based on the results of the annual salary survey to be conducted in 2009; and
WHEREAS, in anuc,panon of revenue shonCalls the City rcquCSled that the EPBA defer any
wage increases in 2010; and
WHEREAS, the EPBA and 1hc Chy of Eng lewood have agreed to amend the CWTenl 2009-
20 IO Collective Bargaining Con1ract; and
WHEREAS. the members of the Englewood Police Bcnefi1 Association duly ratified, by a
maJority vote, the amendment to the CollCICli\'c Bargaining Agrccmcnt 2009-2010; and
WHEREAS, the amendments to the contracl arc:
• No adjustments to 2009 wa~.:s will be made on January l, 20 I 0
• The wage increase rif:ny) indica1cd by the 2009 salary survey wiU be convened ins1cad to an
cqui\'alcnt number of aMual leave hours. 10 be accrued bi-weekly
• There will bt. no cash-out for unused personal leave in 2010
• Employees may elect compensatory time in lieu of overtime pay, upon supervisory approval.
This provision will be effective upon Council's approval of the MOU
NOW. THEREFORE. BE rr RESOLVED BY THE CITY COUNCIL OF THE cm· OF
ENGLEWOOD. COLORADO. AS FOLLOWS:
~-The City Council of the City of Englewood, Colorado hereby appro,·es the
Memorandum of Understanding for Amending the Collective Bargaining Contract between the
Englewood Police Benefit Associmion and the City of Englewood for the yenrs 2009 and 20 10,
attached hereto as Exhibit A.
~-The Mayor and the City Clerk arc hereby authorized to sign and attest this
Amendment to the Collcctl\'e Bargaining Contract between the Englewood Police Benefit
Associnuon and the City of Englewood. Colorado .
ADOPTED AND APPROVED this 6th day of July. 2009. ATTEST: James K. Woodward, Mayor
loucrishia A. Blis, Cuy Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a uue copy of Resolution !'lo._, Series of 2009.
loucrishia A. BUs, City Cleric
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MEMORANDt:M OF U1''DERSTA:'iDING This M£MOR.v.DUM OF UNDERSTANDING ("'MOU .. ) is made and cn1ered into by tht Englewood Pohce Benefi1 Association ("EPBA '') and the CITY OF ENGLEWOOD (''the City''). WHEREAS, EPBA and tl1e Ci ty entered inlo a Collective Bargaining Agreement e1Tec1ive January l, 2009 through December 3 1, 2010 ("the Agreement"), which was ratified by the members of EPBA and approved by resolution adopted by the City; and
WHEREAS. EPBA and the City recognize the ;'Ojected revenue shonfalls anticipated
by the City for fiscal year 2010, and
WHEREAS. the City bes miuested that concessions be made by the EPBA in
connection \\ith portions of the parties' Collective Bargaining Agreement during the period of
January I, 2010 through December 31, 20 10; and
WH£REAS, EPBA and the City now desire to amend their Agreement with respec1 to
those concessions;
NOW, THEREFORE, in consideration of the mutual benefits and advantages herein
contained, and further in consideration of the mutual promises and covenantS hereinafter more
specifically set forth, the parties hereto do STIPULATE AND AGREE as follows:
I. Article 9, Section C of the Agreement is emended to read as follows:
C. The schedule in "A" above will be 1101 be adjusted on January I, 2010 to
reflect the 2010 "market median" as detenni ned by the 2009 Salary
Survey. R a ther, the compensation p a id to members of the bargaining
u nit commencing Jan uary 1. 2010 will be eq ual to that p aid to
memhen as of January l. 2009; however this provis ion sh all h i1ve no
effect on t he previously established agree ment rcgardlnt:.....£!lli
inc rease fo r Police Officer 416 C lass through 111 C lass.
T he Citv nonetheleH a grees that on or before November 1. 2009. the
City will condu ct 1 2009 Salin• Surve,, to determine the "market
median" of the 2!!.10 wage of either the top rate for the highest
ranking police nfficer or maximum of th e sal ■rv range fo r 101> ra:iking
police officer (If t he luri,dictlon uses ranges vs. a 011 rptt'_l<Llr vada,
Aurora, Bou lder, Commerce City, Denver, Greenwood Village,
Lakewood, Littleton, Longmont and T horn ton. T he survey will be
conducted In the 410 quar ter of 2009 bv the Buman Resou rces
Department, with the concurrence of the EPBA .
The C ir-a nd tht E PBA ,.,II mee t b v f';ovemher 11 2009 to •pprnve the • su rvev and finalize the amount, if an\'. that 2009 Sa Ian• Su rve\' differs from that d e te rmln ed In 2008 for calendar vear 2009. In the event that the 2009 Salarv Surve,, of "market median" is greater than the "market median" fo r 2008. the rc.~ulling net lncreJ1se will be converted to annual leave hours calculated at the 2009 Police Officer I (class one} straight time hourlv rate. a nd ther eafter c redited to the member's leave bank and p ro-rated eguallv over each pay
period of 2010. The conversion and pro-ration of these annual leave
hours will In a ccordance with the methodolo gy provided In
Addendum "A" attached herdu.
2. Article 11 of the Agreement is amended to read as follows:
E. Effective Immediately upon Implemen tation of this MOU. employees
who work overtime, call back, and/or standby hours ln either 2009 or
2010 may. In lie u of pa v. take compensatorv time off upon mutual
agreement between the e mployee and the employee•~ 5upervisor. If
niere ls no mutual agreement t he employee shall be paid. Members
of th e bargaining unit may accrue a maximum of eighty (80} hours of
compensatory time to he utilized in accordance with Cltv of
Eng.lewood Polley #46 (Compensat'lrv Time). Compenut ory ti me is
to be compennted at the r■te of one and o n ~half hours o r ti me off fo r
each one hour of overtime, caU back. or standbv worked In excess or
the dailv scheduled work shlfL
3. Article 19 of the Agreement is amended to read as follows:
Notwithstanding the above a nd foregoing. and during calendar year
2010, the C ity s hall not be required to compensate an employee for
!!.!!." unused personal leave time remaining on October 3'1. 20 IO. nor
shall the unused time be accumulated or carried over to calendar year
2011.
4. The EPBA and the City agree that negotiations for the parties' 20 I! Collective
Bargaining agreement must commence on or before May 15, 2010. In that regard, and
notwithstanding the terms and provisions of the within, the EPBA end the City agree that
incidental to those negotiations, the panics will mutually reevaluate the then existing economic
circumstances and projected revenues of the City to detennine whether the 2009 Salary Survey
and 2010 "market mediantt pay scale so calculated can and should be either immcdie1ely or
subsequently implemented during calendar year 2010, or any part thereof, and whether the tenns
1111d provisions of the within MOU can end should be dissolved.
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5. Except as umended by this MOU. the Agreement of the parues ;cmains unchanged and in full force and effect and is affirmed and ratified in each and eve.· particular, 6. This MOU shall be effective upon ratification by the membership of the EPBA and the approval of an adopting resolution by the City. Dated this ___ dayof ______ , 2009.
EN GLEWOOD PO LICE BENEFJT
ASSOC IATION
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CITY OF EN GLEWOOD
By. ___________ _
James K. Woodward, Mayor
ATTEST:
Loucrishie A. Ellis, Clerk and Recorder,
CITY OF ENGLEWOOD
APPROVED AS TO FORM :
By: _________ _
Daniel L. Brotzman, City Attorney
CITY OF ENGLEWOOD
ADDE NDUM A Example: If the salary study dctennines that a 2% salary increase would be required 10 bring EPBA member.; to the market me in 2010, then: 2009 Class One Officer Hourly Rate: S33.85 2% rncrease • ,010 Class One Officer Hourly Rate: S34.53
Difference • S0.68 per hour
26 pay periods X 80 hours per pay period c 2,080 hours per year
2,080 hours X Sc .68 per hour• Sl,414 40 amount deferred for 2010 per officer
$1,414.40 + SJj.85 per hour a 41.78 hour.. to be credited to annual leave bank
41 . 78 hours + 365 days per year= .1 1 S hours per day
14 days per pay period X .I 15 hours per day= 1.61 hour per pay period
Total • 1.6 1 hours per Pl)' period
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ORDINANCE NO. SERIES OF 2009 BY AUTHORITY COUNCil. BD..L NO. 30 INTRODUCEP BY ~QUNCIL MEMBER _,!)J_...,...~~~~~-A BILL FOR
AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE
CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A
PROPOSED AMENDMENT TO ARTICLE m, SECTION 22, "TERMS", OF THE
ENGLEWOOD HOME RULE CHARTER.
WHEREAS, the founding fathers set forth the principal of service to government by
citizen representatives; and
WHEREAS, the City ofEnglcwood's Home Rule Charter currently sets fonh that "no
member of City Council shall serve more than two consecutive tenns in such office''; and
WHEREAS, the Englewood City Council reviewed whether allowing an additional term
would create an entrenched bureaucracy, which would be inconsistent with this philosophy: and
WHEREAS, after due consid eration the Englewood City Council has determined that it is
more beneficial to retain an expmcnced Council member for one more term if the citizens wish to
reelect that member.
NOW, TilEREFORE, BE IT ORDAINED BY THE CITY COUNCil. OF THE CITY OF
ENGLEWOOD, COLORADO. AS FOLLOWS:
~There is hereby submitted to the registered electors or the City or Englewood at the
next schcdulcd municipal eleclJon on November 3, 2009, a proposed amendment to the Home Rule
Charter or the City or Englewood, Article m, Scction 22, to read as follows:
Question No. __
Shall the I Jome Rule Charter or the City of Englewood. Article m, Sec1ion 22, be amended to
read as follows :
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22: Terms. ARTICLE ill LEGISLATIVE BODY Terms of Councilpersons shall begin at 8:00 P.M. on the day of the next regularly
rcheduled City Council meeting following the election . Seven Councilpcrsons shall
be elected at the regular City election to be held on the first Tueiday after the first
Monday in November, 1959. The candidate n,ceiving the highest number of votes
from District I and the candidate rcce,ving the bis)iest numb.:r of votes from District
3 shall hold office for four years, and the candidate receiving the highest number of
votes from District 2 and the candidate n,ceiVUlg the big)-est numbcr of votes from
District 4 shall hold office for two yean. The two candidates at large receiving the
bis)iest number of votes shall serve for four years, and the candidate at large
receiving the third highest number of votes shall serve for two years. Thereafter, all
candidates elected shall serve a term of four years, and a general municipal election
shall be held ot two-year intervals.
(!) In order to broaden the opportunities for public service and to guard
against excessive concentrations of power, no member of City Council
shall serve more than lwe ~consecutive 1:mu in such office. This
Urrutation on the number of terms shall apply to Llbial tCl'IDII of office
beginning on or after November ~.J.llllli... Any penon who
succeeds to the office of City Council member or is appointed or elected to
fill a vacancy and who serves at least ono-half of a tcnn of office, shall be
considered 10 have served a full term in that office for purposes of this
subsection. Terms arc considered consecutive unless they are at least four
yerus apart.
Yes __ No
~-This Amendment may be modified in form only to comply with the ballot
requirements of the November 3, 2009 Coordinated Election.
Section 3. Each registered elector voting at oaid election and desirous of voting shall indicate
his/her choice by depressing the appropriate counter of the voting machine or by the appropriate
marking upon paper balloo where used.
Section 4. The proper officials of the City of Englewood shall give nOlice of said next
scheduled municipal election, such notice sbsll be published in the manner and for the length of
time required by law, Md the ballots cast ,t such election shall be canvassed and the result
ascertained, determined, and certified as rc:quired by law.
Section 5. Only if the question Is opproved by the registered electors of the City of
Englewood sholl the Section be amended and the Charter, as an1ended, certified to the Secretary
of State.
~. Any City ofEngl-:wood registered elector desiring 10 protest a proposed ballot title and/or submission clause for any initiated or referred measure may file a wriuen protest m the office of the City Clerk. Said notice of protest shall be filed no later that 5:00 p.m. on the Friday immediately preceding the dale upon whlch the City Council will consider the ordinance, on linal reading, setting the ballot title and/or submission clause. The notice of protest shall set forth with particularity tl1e grounds of the protest. Such protest shall be hcnrd, considered, and resolved by the City Counci.l prior 10 tl1e adoption of said ordinance. ~. If any section, paragraph, clause, or other ponion of this Ordinance is for any
rouon held 10 be invalid or unenforceable, the invalidity or uncnforceability shall not affect any
of ti1e remaining portions of this Ordinance.
Introduced, read in full, and pas,icd on first reading on the 6th day of July 2009.
Published as a Bill for an Ordinance in the City's official newspaper on the 10• day of July, 2009.
Published as a Bill for an Ordinance on the City's official website beginning on the S" day of
July, 2009 for thirty (30) days.
James K. Woodward, M,yor
ATTEST:
Loucrishia A Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify thnt the
above and foregoing is a true copy of n Bill for an ordinance introduced, read in full and passed
on first reading on the 6' day of July, 2009 .
Loucrishia A Ellis, City Clerk
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VU ELEC TRONIC MA IL
Dan Brotzman, City Auomcy
Englewood City Hall
1000 Englewood Parkway
Englewood, Colorado RO 110
RE : Claimant
Member
Claim No.
Date of Loss
Dear Ms. Hall and Mr. Brotzman:
TIIO.L\S s. RIU. I rr:kr-,u ks£Y1 CIUIAN M. ~AIIUilNG I l!{•blld!?f'.i¼CCHr,t t m June 30, 2009
Dianne Hall
Senior Property/Casualty Claim Rcprcsen1a1ive
CIRSA
3665 Cherry Creek Nonh Drive
Denver, Colorado 80209
Nonnan Pageloff
City of Englewood
50060101
2/5/07
On today's date, we received a tele phone cell from Mark Simon, the auomey
representing Mr. Pagcloff, who stated that Mr. Pageloff would like to "make this case go away."
Apparently Mr. Simon had filed an appeal with the Colorado Court of Appeals appealing the
j ury 's findings from the Pageloflv. Wo/o syn/Stale Farm case, and his intent was to combi ne that
action with the present action filed against the City of Englewood. We ore advised tha1 the
appellate cow, issued its opinion yesterday affmning the underlying trial cow, and, therefore,
Mr. Pageloff is no longer intercs1ed in pursuing this case. Mr. Simon indicated that Mr. Pageloff
is in a retirement home and is judgment proof. Mr. Simon proposed that the parties file a joint
motion for dismissal wi1h each party to bear its own fees an<! costs .
We would recommend that we agree wi th this proposa l. Each of you have indica1cd that
you agree with this approach as well, and it is our understanding that the proposed dismissal
needs to be approved by City Council. Please advise a1 your earliest convenience whether we
arc authorized to proceed with the dismissa l with each party 10 bear its own fees and costs and, if
~o. we wil I work on gcning dismissal document s filed with the Court Thn nk you, and we loo~ • forward to hearing from you.
TSR:GMF:sah
cc: Pat Merrill , CIRSA, via elec1r0nic mail
Joan Weber, via electronic mail
00.l6'116000C
Very lnlly yours, SENT ER GOLDFARB & RJCE, L.L.C.
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