HomeMy WebLinkAbout2008-02-19 (Regular) Meeting Agenda Packet1. Call to order.
2. Invocation.
AGENDA FOR TH E REGULAR MEETI NG OF THE ENGLEWOOD CI TY COUNCI L Tues day, Febr uary 19, 2008 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Engle"lood Parkway Englewood , CO 80110
3. Pledge of Allegiance.
4. RollCall .
5. Consideration of Minute~ of Previous Session .
a. Minutes rro,n the Regular City Council meeting of February 4, 2008.
6. Reco ,,itlon of Scheduled Public Comment. (Please limit your presentation to ten
minutes.)
a. Kim Love will present a banner request for Englewood Unleashed's upcoming
Ch ill Cook-Off.
b. Recognition of the City of Englewood 's Benefits and Risk Manager, Joan Weber,
for her service on the Blue Ribbon Commission on Health Care Reform.
7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five
minutes. Time for unscheduled public comment may be limited to 45 minutes and if
limited shall be continued to General Discussion .)
8. Communications, Proclamations , and Appointments.
Please note: If you have a disabUity and need auxiliary aids or services, please notify the Cit, of
Englewood
303-762-2407) at least 48 hou~ In advance of when services are needed Thank ou.
EnglewOOd C,ty Council Agenda February 19 2008 Page2 • 9. Con ser•t Agenda Items . a. Approval of Ordinances on First Reading . I. Council Bill No . 12 -Recommendation from the Community Development Department to adopt a Bill for an Ordinance authorizing a, Intergovernme ntal Ag reement with RTD for cost sharlni; lor operation of the
Art Shuttle for 2008. STAFF SOUR CE: Alan White, Director of
Community Development.
ii , Council Bill No. 13 -Recommendation from the Department of Finance
and Administrative Services/City Clerk's Offtce to adopt a Bill for an
Ordinance amending Title 5, Chapter 3B, Sections 3, 5 and 8, of lhe
Englewood Municipal Code 2000 , which provides for the setting of liquo~
licensing and permit fees by Resolution. STAFF SOURCE: Frank
Gryglewi cz, Direc tor of' Finance and Administrative Se rvic es, and
Kerry Bush, Dep uty City Clerk.
iii. Council Bill No. 14 -Recommendation from the Department of Finance
and Adm inistrative Services/City Clerk's Office to adopt a Bill for an
Ordinance setting the distance requirement for all types of liquor lice nses at
500 feet from any public or parochial school or the pri ncipal campus of any
college. university or sem inary. STAFF SOURCE : Frank Gryglewicz,
Di recto r of Fi nance and Adm inistrative Services, and Kerry Bush,
Deputy City Clerk.
b. Approval of Ordinances on Second Reading.
Council BIii No. 4, approving the Agreement between South Arapahoe
Sanitat;on District, Southgate Sanitation District, South Englewood
Sanitation District, and the City of Englewood for reimbursement of
overcharged sanitation le.JS to property owners .
c. Resolutions and Motions.
i. Recommendation from tille Utilities Department to approve, by Motion, the
purc'lase of a 6415 Trac1o r and Mower. Staff recommends awarding the
contract through the Stace Bid process to r>otesbo Brothers Equipment in
the amount of $56,858.og , STAFF SOUF1 Cc : r,tewart H. Fonda, Di rector
o f Utilities .
10. Publ ic Hearing Items.
a. Public Hearing to gathe1 public Input on Counci' Bill No. 7, amending the Unified
Development Code by adding Hotel and Hotel, Extended Stay as permitted uses
In the 1-1 . Light Industrial Zone District.
Please note. II you have a d1sabihty and need auxH ,a,y aids or services, please notify the City of
Englewood
(303-762-2407 ) at least 48 hours on advance of when serv,ces are needed Thank
Englewood C•ty CoullC11 Agenda Febluary 19. 2008 Page3 11 . Ordinances. Resolutions and Motions. a. Approval of Ord inances on First Reading. I. Council Bill No. 6 -Recommendation from lhe Parks and Recreation Department to adopt a Bill for an Ordinance approving the Great Outdoors
Colorado Grant Agreement for the purchase of Duncan Park. STAFF
SOURCE: Gary Hultberg, Recreatlon Manager, and Jerrell Black,
Director of Parka & Recreatlon.
il. Council Bill No. 9 -Recommendation from the Community Development
Department to adopt a Bill for an Ordinance authorizing the sale of the
property at 2370 West Wesley Avenue. STAFF SOURCE : Janet
Grimmett, Hous ing Finance Specialist.
b. Arproval of Ordinances on Second Reading .
c. Resolutions and Motions,
i. Recommendation from the Parks and Recreation Department to approve,
by Motion. a contract for the construction of the Belleview Park Playground
and Restroom Renovation. Staff recommends awarding the contract to the
lowest responsible bidder, Arrow.J Landscape & Design , Inc., in the amount
of $777,229.90. STAFF SOURCE: Jerrell Black, Director of P1rk11nd
Recreation , and Da ve Lee , Manager of Open Space
ii. Recommendation from the Englewood Water and Sewer Board and the
Utilities Department lo approve, by Motion, the Change Order to Restruclion
Corp. for 12 additional roof tendons in the amount of $75,000. STAFF
SOURCE: Stewart H. Fonda, Director of Utilities.
iii , Recommendation from the Englewood Water and Sewer Board and lhe
Utilities Department lo approve, by Motion, a services bid for the Allen
Water Filtration Plant residuals removal and disposal. Slaff recommends
awarding the bid lo the lowest acceptable bidder, Allied Waste, in the
amount of S 108,775 . STAFF SOURCE: Stewart H. Fonda, Director of
Utllitles.
12. General Discussion.
a, Mayor's Choice.
b. Council Members ' Choice.
Please note. If you have a disability and need auxiliary aids or services, please notify the City of
Englewood
30:J.762-2407) al least 48 hours In advance of when services are needed Thank ou
Englewood City C01Jncll Agenda February 19. 2008 Page4 13. City Manager's Report 14. City Attorney's Report.
15. Adjournment.
Please note: If you have a disability and need auxiliary aids or services, please notify the City of
Eng lewood
303-762-2407 at least 48 hours In advance of when services are needed Thank ou.
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ENGLEWOOD CITY COUNCIL ENGLEWOOD,ARAPAHOECOUNTY,COLORADO Regular Session February 04, 2008 1. Call to Order
The regular meettng or the Englewood City Counce was called lo order by Mayor Woodward at 7 31 p m
2. Invocation
The invocation was given by Council Member McCaslin.
3. Pledge of Allegiance
The Pledge of Allegiance was led by Council Member Mccaslin.
4. Roll Call
Present:
Absent:
A quorum was present.
Council Members Je fferson. Moore. Penn. Oakley, Mccaslin, Wilson,
Woodward
None
Also present City Manager Sears
City Attorney Brolzman
Deputy City Manager Flaherty
City Clerlc Ellis
Deputy City Clerlc Bush
Director Gryglewicz. Finance and Administrative SeMCes
Director White, Community Development
Senior Plannei Graham, Community Development
Police Commander Watson, Safety SelVices
5. Consideration of M inute■ of PNvlous Se11lon
(a) COUNCIL MEMBER PENN MOVED, AND IT WAS SECONDEO, TO APPROVE THE
MINUTES OF THE REGULAR CITY COUNCIL MEETU."G OF JANUARY 22, 2008.
Mayor Woodward asked ,f there was any d1SCUss10n. There was none.
Vo te results :
Motion carried.
Ayes
Nays:
Council Members Penn, McCashn, Moore, Woodward , Jefterson,
WIison, Oakley
None
6. Recognition of Scheduled Public Comment
(a) City Council recognized the students who were nominated for the Metropolitan Mayors and
Commissioners Youth Aword .
Mayor Woodward said I would like to welcome you all and thank you for coming tonight. We are honoring the
2008 Metropohtan Mayors and Youth Commissioners Awards Nominees We are recognizing young people
Englewood City Council February ◄, 2008 Pago 2 who have overcome dolficull s1luatt0ns and have risen to the challenges of adversity We are recognizing 23 nominees from schools ,n Englewood Each nominee w,11 receive a gift card and a certificate as a token of our adm11atlon We are honoring the nominees not because of challenges, but because they have per,evered They have made a difference In their own hves and the fives of lhose around them Their strength and determination are lnsp,ring. Being a part1clpanI In this process for the la sl few years, I am really pleased to have you here and I know of some of your situations and the things lhat you young people have overcome over the past few years So, I certain ly admire what you've done and the counselors who've been here to support you would like to mvI1e all the Council members to Join us In front of lhe dais and we can create a rece IvIng line lo
congratulate these special young people . Le,gh Ann Hoffhines, who represents Englewood on the MMCYA
Board of Managers and is our City's Communications Spec,ahs~ WIii introduce our guests So. 1f the Council
members wiN please come down, John and I w,11 be handing oul 91fl cards and cert•ficales
Ms Hoffhines said thank you Mayor WoodWard. I'd like to thank al the friends anll fam1ltes who are here
1onight and all the counselors, especially f0< coming oul on such a snowy nighl I'd hke to extend a special
thanks to the nomlnal0<s who have brought these young people's achievements to our attention I should also
mention that I received a call from the School Board last week and they send their regrets They actually
normally meet on Tuesdays, but they rescheduled 10 tonight so community members and lne Board could
participate In lhe Caucuses tomorrow nIghl But they would ltke to extend lhe,r congratulallons I'm going to call
each nominee up 1ndiv1dually, so please come forward as I call your name.
The nominees are:
Josh Beard, a 10111 Grader at Humanex Academy His nominator says Josh is caring, level•headed , and never
afraid lo stand up for what he believes In. He is a solod team player who Is always happy to help his fellow
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sl\ldenls Josh has big dreams and goals, and he Is sure to achieve them . Congratulations Josh •
Dylan Broussard, a 12" Grader at Humanex Academy. Dylan's n0<ninator says he Is an amazing role model al
school arid t,e is honest outgoing, and always looi<lng out f0< the underdog He is not afraid 10 speak his mkld
and has leamed not lo give in to peer pressure Congralulallons Dylan
Stephen Daugherty, an 8"' Grader at Englewood MJCldle School. Stephen's nomlna1or describes him as a noce,
respectful, kind-hearted young man . He has a knacl! f0< focusing on the pos1bve and has taken steps lo be In
control of his own destiny. Stephen Is not here so we'll make sure he gets his certificate .
Jennifer DeHerrera, a 10• Grader al Co lorado's Finest Allernallve High School Her nominator says Jeno,fer
has a great Inner-strength that has helped her be lieve In herself She Is responsible and determined, and ,s
always willing to help othe r students. Congralulallons Jennifer,
Cody Dellaport, an 11" Grader al Humanex Academy Cody Is descnbed by his nominator as a hard-working
young man who has made a conscious effort 10 Improve himself and his life He has made a positive Impact on
the school environment and serves as a role model for his fellow students Congratulatloos lo Cody We wiU
make sure he gels his certificate
Elrzabelh Frey, a g" Grader at Englewood Middle School Beth IS not able lo be here tonight but I would hke to
read her bJo Beth's nonunalor says she IS a great example to those around her She has learned to believe 111
herself and Is real,z1ng she can achieve anything
Gabrielle Garcia, a 12"' Grader al Colorado's Finest Allernabve High School Gabby ,s described by her
nominator as an Independent, focused young woman, She ,s a quIeI leader who Is determined to accomplish
her goals , We will make sure she g~ls her certificate
Diane Gullerrez, an 11 • Grader al Colorado's Fines I Alternative High School. Is Diane here ? I have a feeling •
thal the snow kepi some people away Diane's nominator says she Is always smiling and w,lllng lo help her
follow studenls She Is positive and op1lmlst1c with a strength and resiliency lhal Is sure to help her succeed
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Englewood City Council February 4, 2008 Page 3 Kayla Hall, a 10"' Grader al Colorado's F1nesI Alternalive High School Her nominator says tilal Kayla s personal strength has helped her Jug gle all her respons1blht 1es She 1s a model student m s,:hool and her focus and determination w,11 help her be successful In hfe Co ngralulat1ons Kayla Chnstopher Hearn, an a• Grader at Englewood Middle School CJ ,s deset1bed by hos nominator as an articulate, talented young man who achvely volunleers to help with school actMtIes He Is resourceful and productive, and has the potential to go far on life Congratulations CJ.
Anna Kllkpalrick. a 9" Grader at Cofor.ldo's F111est Allemattve Hogh School Anna's nomonator says thal Anna
provides an example for her fellow students Her motto ,s "life ,s nol as hard, and is more rewarding . when you
make the right choices." Congralulat1ons Anna
Nick Lennon, a 10~ Grader at Colorado's Finest AllernallVe High School. He Is descnbed by his nomInalor as a
calm , quiet sludent who has made pos1bve changes In his hie and ,s focuse J on his goals We wdl make sure
that he gets his certificate
Clarissa Lovallo, a 10" Grader al Colorado's Finest Alternative High School Her nominator describes her as a
skong, hard-working member of the SChool community She deserves to be recogniied for the posI11Ve changes
she has made In her life Congratulahons to Clanssa WP will make sure she gets her cert,ficate
Ellice Martin, a 12~ Grader at Humanex Academy Her nominator says Ellice has an Inner strength of will that Is
as effed!Ve as 11 is powerful She uses her experiences to help others, serving as a counselor to her peers and
vofunteenng at a local food bank. Congratulations Elliee.
Tom McNutt, an 11"' Grader at Humanex Academy. Tom's nominator describes him as a positive role model
that his peers look up to He is a kind, sensitlve person who has worl<ed hard to be successful In school and
has made positive changes that open the dOO<S to his future Congratulatlons Tom.
Joey Montgomery, an s" Grader at Englewood Middle School. Joey's nominator says that Joey underslands
the lmponance of honesty and integrity In life. His Innate sense of doing the right thing serves as a good
example to other students and wiH surely help him achleve his goals Congratulations Joey
Alicia Montoya, ans'" Grader at Englewood Middle School . Alicia Is descniied by her nominator as a confident
young woman who sets high standards for herself and has shown that she ,s fully capable of being responsible
for herseU, her choices, and her desbny Congratulatoons Alicia
Julia Richardson, an 11~ Grader at Humanex Academy According to her nominator, Juha's sense of sett-worth,
confidence, and determination has helped her succeed in school and outside of school. She uses her
experiences to help others and has great plans for lhe future We'll make sure that she gets her certlflcale.
Samantha Sanchez, an 11"' Grader at Colorado's Finest Alternative High School. Samantha is descnbed by her
nominator as a warm, friendly, funny, hard-working young woman. She Is extremely re silient and Independent,
and uses her experiences to help motivate others Congratulatio ns Samantha.
Jilt Scudder, an 11"' Grader at Colorado's Finest Altemat,ve Hogh School Her r.ominal<>< says that Jill's fnendly,
pos 1tove manner ls an asset to the school. Her attitude and focus WIii help her succeed In whatever path she
chooses. Congratulations Jill.
Alyson Taylof , an 11" Grader at Hurnanex Academy Alyson's nominator says that she is a patient, kond, canng
young woman She serves as an excellent example of a student who stands up for herself and is dedicated to
helping others as well Cong ratulahons Alyson .
Mazie TQ(les, as" Grader at Colorado's Finest Alternative High School. Mazie's nominator attributes Mazie's
posI1tve attdude and the changes she has made ,n her hie as the keys to her success Her posot1ve outlook and
hard work are sure to help her accomphsh great th ings Congratulahons Mazie
Englowood City Coun cil February 4, 2008 Page 4 Cassie Yoke. a 10" Grader at Humanex Academy Her nominator sees her as a powerful role model for her peers Cassie uses her past experiences to help herse lf and shares those experie nces to show her fellow students a path lo a successful future Congratulations to Cassie Ms H0Hh111es said congralulauons to aff of these 111sp1mg young people We're proud to have you members hke you 1n our community Let's 91Ye them aH a bog round or applause There was applause 7. Recognition of Unscheduled Publi c Comment
There were no unscheduled v1s1tors.
8. Communications, Proc lamations and Appointments
Mayor Woodward said tonig ht we are appoi nting a numbe r of Indiv id uals to our boa rds and comm iss ions.
COUN CIL MEMBER MOORE MOVED , AND IT WAS SECONDED, TO APPROVE AGENDA ITEMS 8 (a)
THROUGH 8 (aa) EXCEPT 8 (v) • RESOLUTION NOS. 6 THROUGH 31, SERIES OF 2008.
(a) RESOLUTION NO. 6, SERIES OF 2008
A RESO LUTION REAPPO INTING CAROLY N AR MSTRONG TO THE PARKS AN D RECREATION
COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO.
tb) RESOLUTION NO 7, SERIES OF 2008
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A RESOLUTION APPPOI NTING SU SAN BAYLESS TO KEEP ENGLEWOOD BEAUTIFUL COMMI SSI ON FO R •
TH E CITY OF ENGLEWOOD, COLORADO.
(c) RESOLUTION NO. 8, SERIES OF 2008
A RESOLUTION REAPPOINTI NG GARY BOWMAN TO THE NON-EMERGENCY RETIREMENT BOARD FOR
THE CITY OF ENGLEWOOD, COLORADO.
(d) RESOLUTION NO. 9, SERIES OF 2008
A RESOLUTION APPOI NTING MIODRAG BUDISA TO THE BOARD OF ADJUSTMENT AND APPEALS FOR
THE CITY OF ENGLEWOOD, COLORADO
(e) RE SOL UTION NO. 10, SERIES OF 2008
A RESOLUTION REAPPOINTING NICOLE KELLEY BUNDGAARD TO THE KEEP ENGLEWOOD BEAUTIFUL
COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO
(I) RESOLUTION NO. 11, SERIES OF 2008
A RESOLUTION REAPPO INTING VIC CALONDER TO THE PLANNING AND ZONI NG COM MISSION FOR
TH E CITY OF ENGLEWOOD, COLORADO
(g) RESOLUTION NO 12, SERIES OF 2008
A RESOLUTION REAPPOINTING LAUREL DYGOWSKI TO THE KEEP ENGLEWOOD BEAUTIFUL
COMMI SSION FOR THE CITY OF ENGLEWOOD, COLORADO
(h) RESOLUTION NO 13, SERIES OF 2008 •
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Englew ood City Council February 4, 2008 Pag e 5 A RESOLUTION REAPPOINTING BRETT EAST TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO (1) RESOLUTION NO 14, SERIES OF 2008 A RESOLI ITION APPO IN TING TRISH ELLEY TO THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD.COLORADO m RESOLUTION NO 15, SERIES OF 2008
A RESOLUTION APPOINTING NATASI , FISH AS A YOUTH LIAISON TO THE CULTURAL ARTS
COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO
(k) RESOLUTION NO '16, SERIES OF 2008
A RESOLUTION APPOINTING JAMES GARNETT TO KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR
THE CITY OF ENGLEWOOD, COLORADO
(I) RESOLUTION NO 17, SERIES OF 2008
A RESOLUTION REAPPO INTING JULIE GRAZULIS TO LIBRARY BOARD FOR THE CITY OF ENGLEWOOD,
COLORADO.
(m) RESOLUTION NO 18, SERIES OF 2008
A RESOLUTION REAPPOINTING CHUCK HABEN1CHT TO THE WATER AND SEWER BOARD FOR THE
CITY OF ENGLEWOOD, COLORADO,
(n) RESOLUTIO N NO. 19, SERIES OF 2008
A RESOLUTION REAPPOINTING SELWYN HEWITT TO THE MALLEY CENTER TRUST FUND FOR THE
CITY OF ENGLEWO:>D, COLORADO
(o) RESOLUTION NO 20, SER!ES OF 2008
A RESOLUTION APPOINTI NG STEVE KI NG TO THE PLANNING AND ZON,NG COMMISSION FOR THE
CITY OF ENGLEWOOD, COLORADO
(p) RESOLUTION NO 21 , SERIES OF 2008
A RESOLUTION REAPPOINTING CHAD KNOTH TO THE PLANNING AND ZONING COMMISSION FOR THE
CITY OF ENGLEWOOD, COLORADO
(q) RESOLUT ION NO 22, SER IES OF 2008
A RESOLUTION APPOINTING IAIN LUMSDEN TO THE PUBLIC LIBRARY BOARI.J !'OR THE CITY OF
ENGLEWOOD.COLORADO
(r) RESOLUTION NO 23, SERIES OF 2008
A RESOLUTION REAPPOINTING HOLLY MONTAGUE TO THE KEEP ENGLEWOOD BEAUTIFUL
COMMISSION rOR THE CITY OF ENGLEWOOD , COLORADO
(s) RESOLUTION NO 24, SERIES OF 2008
Englewood City Council Febru ary 4, 2008 Page 6 A RESOLUTION REAPPOI NTING ANN NABHOLZ TO THE ELECTION CO MMISSION FOR THE CITY OF ENGLEWOOD, COLORADO (t) RESOLUTION NO 25, SERIES OF 2008 A RESOLUTION APPOINTING MEGt.N NORDLANDER TO THE PUBLIC LI BRARY BOARD FOR THE CITY OF ENGLEWOOD. COLORADO
(u) RESOLUTION NO 26. SERIES Of 2008
A RESOLUTION REAPPOINTING LINDA OLSON TO THE KEEP ENGLEWOOD Bl:AUTlf UL COMMISSION
FOR THE CITY OF ENGLEWOOD. COLORADO
(v) (Clerk's note Agenda Item 8 (v) • a resolution appomllng Debbie Penn l o Keep Englewood
Beautiful was romoved I
(w) RESOLUTIO N NO. 27, SERIES OF 2008
A RESOLUTION REAPPOINTING JAMES PHELPS TO THE POLICE OFFICERS' PENSION BOARD FOR
THE CITY OF ENGLEWOOD, COLORAD O.
(X) RESOLUTION NO, 28 , SERIES OF 2008
A RESOLUTION REAPPOINTI NG TOM ROTHE TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION
FOR THE CITY OF ENGLEWOOD. COLO RADO
(y) RESOLUTION NO 29. SERIES OF 2008
A RESOLUTION REAPPOI NTING JOH N W. SMITH, Ill TO THE BOARD OF ADJUSTMENT ANO APPEALS
FOR THE CITY OF ENGLEWOOD, COLORADO.
(z) RESO L' JTI ON NO. 30, SERIES OF 20 08
A RESOLUTION REAPi'OI NTING ROBIN WEDDLE TO THE URBAN RE NEWAL AUTHORITY FOR THE CITY
OF ENGLEWOOD, CCJLORAOO.
(aa) RESOL UTIO N NO 31, SERIES OF 2008
A RESOLUTION REAPPOI NTING JIM WOODWARD TO THE PARKS ANO RECREATION COMMISSION
FOR THE CITY OF ENGLEWOOD, COLORADO
Vote results:
Motion carried.
Ayes. Council Members Penn, McCaslin, Moore, Woodward, Jellerson,
Wilson, Oakley
Nays None
Mayor Woodward and Mayor Pro Tem Moore presented certifocates and Crty pons to au the appointees on
allendance
9 Consent Agenda
(a) Approval of Ordinances on First Read ing
There were no addit,onal items submllled for approval on first reading (See As~nda llern 11 )
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Englewood City Counc il February 4, 2008 Page 7 (b) Approva l of Ordinances on Second Read ing COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO APPROVE COt,jSENT AGENDA ITEM 9 (b) (I). (i) ORDINANCE NO . 6, SERIES OF 2008 (COUNCIL BILL NO . 5, INTRODUCED BY COUNCIL MEMBER OAKLEY)
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) EN TITLED "COLORADO'S
WATERM'ASTEWATER AGENCY RESPONSE NETWORK (CoWARN) MUTUAL AID ANO ASSISTANCE
AGREEMENr BETWEEN MUNICIPAL UTILITIES OEPARTMENl S fl' HELP MEMBER UTILITIES
DEPAR TMENTS DURING EMERGENCIES .
Vote results:
Motion carried
Ayes : Council Members Penn , Mccaslin. Moore, Woodward, Jerferson ,
Wilson, Oakley
Nays : None
(c) Resolutions and Motions
There were no resolutions or motions submitted for approva l.
10 . Public Hearing Items
No public hearing was scheduled before Council.
11 . Ordinances, Resolution and Motions
(a) Approval of Ordinances on First Reading
(i) Sen ior Planner Graham presented a recommendat ion from the Community
Development Department to adopt a bill for an ord ina nce amending the Un ified Development Code by adding
Hotel and Hotel , Extended Stay as permitted uses In the 1-1, Lighl Industrial Zone District. Slaff also requestr.
that Council schedule a Public Hearing for Tuesday, February 19, 2008 lo gather public input on this issue . He
sa id th is is an amendment lo the Unified Deve lopment Code , also known as the Zoning Ordinance . This
proposal would modify lhe Zoning Ordinance to allow extended stay hotels in the 1-1 District. Also, it would
perm it regular hotels in the 1-1 District. I would like to offer a litlle bit of background on this matter. Th~ City
Council au lhor1zed a hotel study earty last year. The l1otel study made a couple of important findmgs , and lhal
Is thal there Is a market fo r hotel rooms fo r lodgi ng in Englewood . If we wou ld allow them in the places where
the market would support them and that is, basica lly , along the 285 con ,do r and a litlle bit north or south of 285
on both Santa Fe Drive and Broadway . One other recommendation was that we permit them near the light rail
stations As it happens , when the Unified Development Code was adopted initially m 2004, hotels were omitted
from the industrial zone districts . Prior to 2004, hotels were a use by right in the Industrial zones and thal has to
do with the restructuring of the Zone Districts . The request then would restore hotels as a perm itted use in the I·
1 Zone District We had a Public Hearing before the Planni ng Commission on th is matler , and asked the
Plann ing Comm ission for an ordinance tha l was a bit broader and covered the recommendations in the Horwath
Hospitaliiy Study They recommended tha t we limit the request to just extended stay hotels and hotels in the 1-1
District and so that is the way we took It to the Planning Commiss ion at lhe Public Hearing and that's the way
that we're bringing ii forward to Council We anticipate that we wlll continue study ing th is and looking at the
possibility of Implementing the recommendations in the Horwath Study at a later date . There is a piece of
companion leg,r ' I10n to this There is a hotel in the due diligence process, looking at a site on Santa Fe Drive ,
and 11 wool~ be ne~essary to make th is modification In order to accommodate the hotel and make the 11(a) (Ii)
ord inance re levant. With that , I am going lo conclude the stall commen ts on the request to modify the Unified
Deve lopment Code for extended stay hotels .
Englewood City Council February 4 , 2008 Pages Mayor Woodward asked If there were any queslJOns for Mark There were none COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONOED, TO APPROVE AGENDA ITEM 11 (a) (I). COUNCIL BILL NO. 7 AND SCHEDULING A PUBLIC HEARING FOR TUESDAY, FEBRUARY 19, 2008 TO GATHER "UBLIC INPUT ON THIS ISSUE. COUNCIL BILL NO 7. INTRODUCED BY COUNCIL MEMBER MOORE
A BIL L FOR AN ORDINANCE AMENOl~•G TITLE 16, CHAPTERS 5. 6. ANO 11. OF Tfl" UNIFIED
DEVELOPMENT CO DE OF THE ENGLEWOOD MUNICIPAL CO DE 2000, f·~0 TAININ <.l TO HOTELS ANO
EXTENDED STAY HOTELS IN THE 1-1 ZONE DISTRICT
Mayor WOO<lw.lrd asked 1f thert was any d1SCUSS1011 There was none
Voto resulls:
Ayes. Council Members Penn, McCashn. Moore, Woodward . Jefferson.
Wilson, Oakley
Nays None
Mo~on earned
(11) Senior Planne r Graham prese nted a recommendation from lhe Commun ity
Development Department to adopt a b,11 for an 01dlnance authorizing the purchase of designated Colorado
Department ol TransportalJOn Sllrplus property and sale of same for develOpong a hotel He said on this matter,
the Colorado n epartment of Transportabon has some surplus property available on South Santa Fe Orfve, and
one of uiose ,reces or propeny Is of intere~I 10 a hotel. T!le property that we're discussing I& addressed 3301
South Santa Fe Drive. That property, together with a privately held property next door, would support the
development of an extended stay hotel This piece or legislation would permit the transaction, where the City
would be the conduit for that piece of property to the developei, using a first righl of refusal lhal the Oepattmenl
of Highways has extended to the taxing enlrlres for that property, So we are recommending that the Council,
approve on first reading, Agenda Item 11(a) (•), autho ri zing the Coty to purchase and sell 1he COOT surplus
property
Ma)or Woodward asked of there were any questoons for Mark There were none
COUNCIL MEMBER OAKLEY MOVED , ANO IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (II)·
COUNCIL BILL NO. 8.
COUNCIL BILL NO 8, INTRODUCED BY COUNCIL MEMBER OAKLEY
A BILL FOR AN ORDINANCE APPROVING THE PURCHASE -\NO SALE OF COLORADO DEPARTMENT OF
TRANSPORTATION (COOT) SURPLUS PROPERTIES LOCAl t D ALONG SOUTH SANTA FE BY THE CITY
OF ENGLEWOOD, COLORADO FOR THE PROPOSED DEVELO"MENT OF A HOTEL.
Mayor Woodward asked of there w,lS any disa,ss,nn There was none
Vote results:
Ayes. Council Meml enn. Mccaslin, Moore . Woodward, Jefferson.
Wilson , Oakley
Mabon earned
Nays· None
Mayor Woodward said thank you Mark
(b) Approval of Ordinances on Second Reading
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Englowood City Council Fobruary 4, 2008 Page9 There were no additional 11ems subm11ted for approval on second reading (See Agenda Item 9 • Consenl Agenda,) (c) Resolubons and Motions There were no resolutions or motions submitted for approval 12. General Discussion
(a) \layor's Choice
(i) Mayor Woodward said I would hke to oongratulale the City on the volunteers WhO have
been appointed or reappointed to our boards and commissions. Their assista nce and time Is really appreciated
and valuable lo the City.
(Ii) Mayor Woodward said I would hke to congratulate the Metro Mayors and
CommiSsioners Youth Award norrunees Your abtl,ty and success to overcome adversity Is very commendable
:o/ld again. having particfp,ded quite heavily over the last thret years. I find ~ veiy impressive what a lot these
kids have done.
(Ill) Mayor Woodward said I want to announce that Wal-Mart made a donation of
approximately 2200 CFL light bulbs to the Englewood Housing Authority's Simon Center and Orchard Place.
The donation should save the Englewood Housing Authonty In excess of $60,000 00 over the life of the oulbs
and I'd kl<e to thank Wal-Mart for th,s generous contnbutJon .
(b) Council Members' Choice
(I) Council Member McCaslln said thanks guys for volunteenng for these commissions
appreciate you all. Thank you
{ii) Council Member Jefferson said I would also like to thank the volunteers We really
appreciate it and respect your 6me he lping us with in this community.
13 City Manager's Roporl
City Manager Sears did nol have any mailers to bnng before Council
14 City Attorney's Report
City Attorney Brotzman did not have any matters to bring before Council.
15 Adjournment
OODWARD MOVED TO ADJOURN The meehng adjourned at 8,08 p.m.
/..~~ ~.
fa1tEr your fAvoritE Chili, ™EEt with locAI vu,dors or j1Ast
co™E for lu11ch A11d 'chow dow11'. All procEEds CjO to support
E11qlEwood plrks with off-lEMh privlEdqEs,
Do yo1.t h~vE thE bESt Chili rEcipE i., f..,ctlEwoocl??
YolA ,m i11vitEd to do11 AtE A pot of yolAr fAvoritE Chil i i 11 M1y o f t hE
follo wi 11G cAtECjOriEs ; REd , ~rEE11 Avid VEGGiE! !
If C.NAt Priza will bE AWArdEd for thE Top 3 Chili RuipES i11 «Ach CAhcjory!
If b,joy S.t."1pliMCj diffnEMt kiMds of dEliciows Chili with All tht fociMsl
If EMtn th« doMAtioM dr.t.wiMCj to wiM ..,,..,y F.t.liwlows Prizu!
If Also tMjoy visitiMCj wit'1 tAblES of loo.I bwsiMtsm, vo,dors --1
,..,J th« doGGY .t.doptioM v.t.M! ~
To ('11<r, plo.11 1 .. b..,it yom f•vorlt( ch,I, r<elp<(I) Mod (O'1 ilCT ;.,ro,..,.,,, -, by --""'."-~..,
S•twrd•y, M•r,I, lttl,.
h,11,11 to ,o.,l•ch,1~<.,G lcwood ... .,lu,il,cd orG or c.11 l0l-694-7485
or .,,,.,I to l"Glcwood u .,l<Ash<d, ~O Box 582 , l "Gl<wood. CO, 80151.
1( yo" wo1.tld Ilk, to lt•v< • v,.,dor T•l,I, i.t th < Chili Cookoff or l>o.,•tc to 1h<
dr•wi"G· plu ,1( ,o.,t•ct IA! •I ,o.,t'-CtlA1~<"Glcwood..,.,lo..shcd .orG,
Promds wil l GO to f"Glcwood 1Ji,fu1l11d , • .,o.,•profit G'O"'P dcd1<1,t cd to
p..,bl1< <d1Ac•tio ►1 for off-l1•1h doG rwu,tlo" 1/t c 1dc d10.,, pMk .,,,.,;.,+<"•"<<
• .,d f..,.,d rAlll'1G www.£.,Glcwo odU11ft•1lt,d .orq
PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT February 19, 2008
PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES
PLEASE PRINT
NAME ADDRESS TOPIC
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COUNC IL COMMUNICATION Dat e: I Age nda Item: I Subject: February 19, 2008 9 a i IGA for Art Shuttle Cost Sharing Initiated By: Staff Source: Community Developnient Department I Harold J, Stitt. Community De, elopment Manager
PREVIO US COUNCIL ACTIO N
Council approved an Intergovernmental Agreement (IGA) between the City and the Regional
Transportation District (RTO) for funding of the Englewood Circulator Shut1le by flrdlnar.ce 50,
Series of 2004 and by Ordinance 66, Series of 2007. Council approved, by Motion, In A~gust 2004
a contract fo r transi t services with La idlaw Transit Services and subsequen tly extended this con tract
by Resolution No. 87, Series of 2005, Resolution No. 77, Series of 2006, and by Motion on
Dec~mber 3, 2007.
RECOMMENDED ACTION
Staff recommends Council adopt a Bill fo, Jn Ordinance authorizing an Intergovernm ental
Agreement between the Clty ol Englewood and the Regional Transportation District (RTD) for cost
sharing for operation of the art shuttle for 2008.
BACKGROU ND AND ANALYSIS
This IGA continues th e operation of the art sh~ttle through ca lr,1dar year 2008. Under th is
agreement the shuttle wlll provide the same level of service optratlng Mond.-.y through Friday, 6:30
am to 6:30 pm. Shut1le frequency was changed from e,ery ten minutes to every fifteen minutes to
reflect actual operations as indicated In Exhibit A ~f the IGA. RTO will reimburse the City I 00% of
all net operating costs as set forth In Exhibit B of the IGA. Net operating expenses e~clude
administrative costs, marketing and promotional m-'cterials cost As with prior agreemen~ the City
will also provide fuel to eliminate stale and federal glsoline taxes, reduc ing fuel costs by
approximately $.SO pe r gallon. The City will relmbur~e RTD an amount equal to the local fares that
would have been collected had the shuttle operated as a fare service rather than a free service. The
amount of the compensation was determined through,, survey of riders conducted In March 2007.
The survey results indicated the number of riders tha t did not have a bus pass or transfer and would
be subject to the standard reduced senior or student fare. For calendar year 2008, the lost fare
amount equals $67,206.
FI NANCIAL IMPACT
RTO will reimburse the City for all contract and fuel costs less the lost fare amo1.m 1. Fo r the contract
period this lost fare amount Is S67,l06 and is Included In the approved 2008 Community
Development Department BudgeL The conaract continues the same le..el 0 1 ser\1ce operating Monday through Friday, 6:30 am to 6:30 pm at no cost to nders. ATTACHMENTS 8111 for an O rdinance •
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ORDINANCE NO. SFRIE.S OF 2008 BY AUT HORITY A BILL FOR COUNC IL RILL NO. 12 INTRODUCED BY COUNCIL MEMBER ____ _ AN ORDINANCE AUTHORIZING THE INTERGOVERNMENTAL AGREEMENT
EN1TI1.ED "AGREEMENT RTO & CITY OF ENGLEWOOD COST SHARING FOR THE
ART' BEn\'EEN THE REGIONAL TRANSPORTATION DISTRICT (RTD) AND THE
CITY OF ENGLEWOOD. COLORADO.
WHEREAS. 1he Englewood City Council approved an lmergovemmcn1nl Agreement
between RTD and 11.: City of Englewood for funding of the Englew"Od Cin:ula1or Shuulc
for 2004 -2007 b> l.~ passage of Ordinan<:e No. 50, Senes of 20().;. and
WHEREAS. 1he Ci1y of Englewood designed 1hc Englewood Shun le to provide circulator
shun le scn1cc in the general area of the Englewood Cny Cemer. down1own Englewood and
the Swedish,Cn11g Medical Cen1cr: and
WHEREAS, this service provides mobilily and access 10 the cornmm:ial areas tn and
orowid 1he ,1cinily of the Englewood City Cen1cr light mo' s1ation. downtown Englewood
and 1ho S"cdish:Craig Medical Cen1cr. and
WHEREAS, RTO provides bus scr.icc to and 1hrough the Englewood Ci1y Cen1cr area
and 1he area in and around down1own Englewood and 1he Swedish/Craig Medical Complex:
and
WHEREAS. RTD and 111c Ci1y of Englewood agree thol 1hese services will complemcm
each 01hcr and provide onractive an,! effC(:th·e 1ronsit •crvice for people working and
shopping in the area surrow1ding 1he Englewood Cily Cemer: nnd
WHEREAS. 1hc Cily Council of1hc Ci1y of Engle"vod, Colorado approved application
101he Denver Regional Council ofGovcrnmcn1s (DRCOG) Conges1ion Mi1iaa1ion Air
Quali1y Fwids for opcralion of a c,rculaior Shunlc in Novcmb<!r 2002: and
WHEREAS. in November 2003 1h.e DRCOG and 1he RTD npprov,-d the 2004 CMAQ and
STP-Mct1 v funds 10 be 1ronsfcm.-d from the federal Hi~hway Adminis1ra1ion lo 1hc Fcdcrnl
Trans,1 Adminis1m1ion for use by RID as spcc,licd in 1he DRCOG 2003-2008
Transpona1ion lmprovcmen1 Program: and
WHEREAS, lhe Ci1y Council of 1he Ci1y of Englewood au1horizcd an IOA cn1illed
.. Agreement RID & Ci1y of Engle1>ood C-0s1 Stumng For The An" between RTD and
Englewood providing for the same le,·el of service from Scplem~r 10. 2007 through
December 31, 2007 by lhe passage of Ordinance No. 66. Series 2007: and
WHEREAS. !he passage of this proposed Ordinance will provide 1he same level of
service from January I. 2008 1hrou1,1h December 31, 2008 :
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NOW. TIIEREFORI'. BE IT ORDAINED llY 1111: CIW COUJ\:CIL OF ntE CITY 01 • ENGLE WOOD. COL ORA DO. AS FOLLOWS: mllD...1 TI,c Cny Council or the Cny or Englewood. Colorado hereby authonzes the IGA cn111led "Agreement RTO & Cit) of Englewood Cost Sharing For The An" between the Re,Po11al Transponation D1~1rk1 (RTD) and the Cit)' of Englewood, Colorado. as auached hrrtt~ •\ 1-.'th,bit I ~-The Ma)0r and Cny Clerk arc authonzcd to execute and aucst said Intergovernmental Ai;rccmcnt for and on behalf of the City of Englewood.
Introduced. read in full. and passed on first reading on the 19th day of February. 2008 .
Published os o 8111 for on Ordinance on the 22nd day of February. 2008.
James K. Woodward. Mayor
ATTEST:
Loucrishio A. Elhs, City Clerk
I, Loucrishia A, Ellis, City Clerk of the Ci ty of Englewood. Colorado, hereby certify that
1he above and foregoing is a true copy of a Bill for an Ordinance. introduced. read in full,
and passed on lirs1 readin11 on the 19th day of February. 2008.
l..oucrishia A. Ellis
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AGREEMENT RTD & CITY OF ENGLEWOOD COST SHARING FOR THE ART t'L This Agreement is made this lJ...._ day of ~• 2008, between the Agional Transportation District, a political subdivision of the ~tat~~~Colorado organized pursuanito the Regional Transportation District Act, C.R.S. 32·9-101, et. Seq., (hereafter "RTD"I, and ta City
of Englewood, Colorado, a Colorado home rule city (hereafter "the City").
RECITALS
1. The City has funded and operated circulator bus service (the "art") within tho Eng1wood
area since September 2004. This service provides mobility and access from the Eng1wood
Civic Cen ter to Swedish Medical Center and Craig Hospital along Eng lewood ParkvllY end
Old Hampden Avenue.
2. RTD also provides light rail and bus service in this area of Englewood. RTD and 6e City
agree that these services are complementary to providing attractive and effective transit
service for people working and living in this area of Englewood .
3. It is In the Interest of the parties to ensu re the continuation of the art shuttle throl.!h joint
funding by the City end RTD as set forth herein.
Now, Therefore, In consideration of the promises and obligations set forth herein, the parties
agree as follows:
CONDITIONS
1. The City shall continue to manage nd operate the art shuttle.
2. Designated RTD and City represen dtives shall implement this Agreement an4 report
progress to the respective boards. City and RTD staff will confer on marke,ng end
service development and regularly exchange relevant information. Changes proposed 10
the art service will be coordinated with, and addressed as pert of the rout11e RTD
service change process.
3. art route, service hours and frequency of service currently are as shown on Exht>it A.
4. Tho term of this Agreement shall begin on January 1, 2008 and shall e~pire on
December 31, 2008. The parties may thereafter, by wri!len agreement, renew the
aoreement for successive period of one year each. Nothing herein obligates RTD or the
City to make funds available for or to renew this Agreement in any future fiscal year .
5, The City and its Agentlsl shall develop and implemen t art marketing and promotional
materials and activities at their sr,,e cost. RTD staff will review and comment upon
proposed marketing strategies and materials. RTD shall Include current art brochures
and promotional materials at appropriate informatio n/customer service centers.
E X H 1 B I T 1
Spec1f1ca11ons for marketing materia l shall he approved by the RTD to ensure compatibi111y w11h RTD display capability. The RTD customer service telephone • informauo, center will provide up•to•date art service and schedule onforma11on. 6, The r:it'. ~h~II maintain all art signs and sign posts. 7. i he Cit\, shall be responsible for all addi tional costs on service hours that exceed regularly scl ,dduled service hours as shown in Exhibit 8 if authorized by 1he City. Addit,ona: snrvice hours would include operating the art f huttle for City special events and hollcio.,. ,,1 the City's authorization.
City r•rognizt that RTD has a standard fare structure that is applied to all services that
RTD operateij or participates in funding. RTD recogn izes that the City does not currentl y
charge passe•,gers for the art shuttle. The Ci ty chooses 10 continue to operate the art as
a fare•frPe service. The RTD in cooperation w i th the City performed a survey in March
2007 that Jetermined the average f are that would have been collected had the art
utill~utJ the RTD Denver local fare. Fo r the 2008 year of operation, thi~ n~mber has been
established at $67,206. A new survey shall be conducted in March/April 2008 time
period by the RTO with Input from the City to determine the average fare that would had
been collec ted had the art utilized the RTD Denver local fare. Information collected from
the 2008 survey will be used to establish the fares that the City must match for the
2009 operating year.
Nothing in this agreement s:1all prevent the City from collecting contributions or fees
from entities within the City , such as special improvement districts or local foundations, •
10 help defray tile cost of the art services borne by the City. RTD shall not be party to
the assessment or collection of such special fees or contributions and shall not receive
any direct allocation of or credit for such special fees or contributions collected by the
City.
8. The City, as in their management role, will continue to provide fuel for the art shunle.
Fuel expenses will be itemized on all invoires for reimbursement.
9. RTD shall pay 10 the City as funding for the operation 01 the art services, an amount
equal to 1 00% of the net cost of operating tho art service I• Net Cost"). Net Cost shall
be defined as art operating cost, includ ing fuel , less estimated farebox revenue . See
'~hibit 8 for cost breakdown. art operaung costs will not include any City
administrative costs.
10. City shall i nvoice RTD for 100% of the Net Cost of service on a monthly basis ,
providing a summary, as agreed, of expenses, passenger boardings, service hours and
mileage. The City w ill deduct $5600.50 por month as imputed far e revenue on a
monthly bas is. RTD shall pay al l approved invoices within thirty days of receipt. If
RTD does not approve an invoice from the City, a written 1xplanatlon of disputed items
will be sent within 10 days of RTD's receipt of the Ci ty invoice.
11. City will mai111ain full and complete financial records for tho operation of the art including •
inform ation on the number of passenger boardings provided on the art. The City shall
make these records available to RTO for aucht. National Transi t Database l"NTO") data
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shall be kept in accordance with FTA requirements and shall be reported as part of RTD's NTO submission. art performance will be assessed during the contract tnrm to dete·mlne If performance expectations have been met and to determine if consl~ ,ration of a future ~ost sharing Agreement is warranted. Performance will be evaluated In I drms of passengers per revenue hour of se rvice and subsidy per passengP.:. If it appears that service performance will not warrant continuation, RTD and the City will confer on changes to bring it into conformance. The parties will work toward renewal of this Agreement for, 2009. II RTD chooses not to renew for failure to meet service standards it shall notify
the City by April 1, 2008 that It does not intend to renew this Agreement for the
following year. II this Agreement Is terminated due to lack of funding by either party in
the next year's budget cycle it shall notify the other party on or before December 1 and
service will be terminated effective Januury 1 .
Without waiving the privileges and immunities conferred by the • a':;rado Governmental
lmmun;ty Act, Section 24-10-101 et seq., C.R.S., each party shall oe responsible for any
~laims, demands or suits arising out of its own negligence. It Is ~c,cifically understood
ar,d agreed that nothing contained in this paragraph or elsewhere , !his Agreement shall
be construed as an expressed or implied waiver by any party of its governmental
immunity or the governmental acceptance by any party of liabilities arising as a result of
actions w1-·~h lie in tort or could lie in tort in excess of the liabilities allowable under the
Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq.
• 14. Nothing in this Agreement shall be construed to limit RTD' s right to establish routes or
services or perform any functions authorized by C.R.S. § 32·9·101, et. seq.
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15. No Third Party Beneficiaries. There shall be no third-party beneficiaries of this
Agreement.
16. Financial Obligations Subject To Appropriations. This Agreement does not contain any
multiple-fiscal year financial obligations by either party thJt extend beyond its current
f iscal year. The financial obligations of each party under this Agreement shall be subject
to and limited by the appropriat ion of sufficient funds therefore by its govern ing body.
Funds for this agreement have been budgeted, authorized and appropriated by the RTD
Board of Directors for the 2008 fiscal year. RTD shall contribute funding to the City to
support the total operation, Including all expenses for transportation and fue l costs, of
the art in an amount not to exceed S273, 196 in 2008. Nothing herein obligates RTD to
budget, authorize or appropriate funds for any future fiscal year .
17. The parties agree that, to the extent permitted by law, all of the operating costs of the
art and revenues, if applicable, of the art shall be treated by RTD as its •operating
costs• and its •revenues collected" for purposes of co.npliance with Section 32·9·
119.7.C.R.S.
18 . Independent Contractors. The City and RTO are not partners or joint venturers es a
result of this Agreement. Their relationship shall be that of independ ent contractors,
19. Author,ty. The City and RTD represent or warrant to each other that they hovt all necessary authority 10 enter into this Agreement and 10 perform their c,bligations • hereunder and that this Agreement does not conflict with any other agreement that each party is subject or to which it may bft bound. 20. No Assignment. Except as otherwise provided in this Agreement, neither party may assign tho Agreement and/or any of its rights and obligations hereunder without the written consent of the other party. 21 . Written Amendments. This Agreer:ient may be modified or amended only by a written
d,cument duly executed by both parties.
22. Notices. l..urrespondence regard in g this Agreement should be sent to:
For the City:
Ci t y of Englewood
Community Development Department
1000 Englewood '>arkway
Englewood, Co lorado 8011 0
Attn: Harold Stitt
303.762.234 1
For the RTD
Regional Transportation District
1 600 Blake Street
Denver, Colorado 80202
Attn: Bruce Abe l
303.299.2839
23. Enti re Agreement. The ,,.,ms and prov1s1ons of thi £ Agreement, end Its exhibits,
represent the entire understanding of the parties with respect to the subject matter of
this Agreement, end merge, incorporate and supersede all prior communications between
the City end RTD concerning that subject. No representations or warranties are made by
the City or RTD except as herein set forth.
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• WHEREFORE , th e part ie s have entered into th is Agreement as of the date first set forth al,ove .
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REGIONAL TRANSPORTATION DISTRICT
By:Cµ1/41~
Clarence W. Marsella
General Manager
Regional Transportation District
Approved as to legal form :
Regional Transportation District
Marla L. Lien
General Counsel
CITY OF ENGLEWOOD
By: __________ _
James K. Woodward
Mayor
City of Englewood
ATTEST:
Loucrishia A. Ellis
City Clerk
• Exhibit A an Service Description Sean o f Service: Weekday• 6 :30 AM• 6:30 PM Saturday• No service provided
ay• No servl~e provided
h ... a.:lays• No service provided
Service Freguenc~:
Weekday every 15 minutes
Saturday-Not Appliceble
Sunday• Not Applicable
Holidays• Not Applicable
Ann ual Revenue Hours:
Weekday• 6,144 • Saturday• Not Applicable
Sunday• Not Applicable
Holidays• Not Aeelicable
Total 6,144
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Exhibit B Summary of Anticipated Operating Costs and Revenues Expense• January 2008 -September 10, 2008 an ooerating hours expense• 4248 hours @ 37 .56 per hour an tuel expenses
Expe nse
Expense· September 11, 2008 -December 31, 2008
an operating hours expense·
1896 hours @ 39.21 per hour
an fuel expenses
Expense
Expense• September 11, 2008 -December 31 1 2008
an operating hours expense-
an fuel expenses
Total Expense
Re1;enue• January 2008 -December 2008
Passenger fares based on March 2007
survey
Total Revenue
159,555 27,182
186,737
74,342
12,117
86,460
233,897
39,299
273,196
67,206
67,20f
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COUNC IL COMMUNICATION Dale: Agenda Item: Subject: F~b<uary 19, 2008 9 a ,i Bill for an Ordinance amending sections of the Englewood Municipal Code relaied 10 liquor licensing r ees lniliated By: Staff Source: Department ol Finance and Admm1str.1tive Frank Gryglewicz, Director of finance and Services/City Clerk's Office Administrative Services
Kerry Bush, Deputy City Clerk
COUNC IL GOAL A.•m PREVIOUS COUN CIL ACTION
Ci!y Council has , • ~.ved the Stale Statutes to set lees !Of the issuance of the liquor licenses and permits.
The fees have no, , reased in over twenty years. City Council discussed this Issue at a Study Session held
February 4, 2008 and directed staff to prepare a Bill for an Ordinance that would allow for fees for Ii ~u or
licenses and permits 10 be se t by resoluti on.
RECOMMENDED ACTI ON
Staff recommends City Council approve the anached 81II for an Ordinance amending Title 5, Chapter 38,
Sections 3, 5, and 8 of the Englewood Municipal Code to provide for the senlng of Liquor licensing and
Perm,t Fees by resolution.
BACKGROUND, ANA LYSIS, AND ALTE RNATIVl:S IDENTIFI ED
Senate Bill 07-149, which was effective August 01, 2007, was •a bill for an a.ct concerning an increase in the
amount of fees local jurisdictions are permitted to d1arg~ for alcohol beverage r~lated applications." This
bill raises the cap on application fees that are charged by a local government to Issue liquor licenses and
permits.
The proposed ordinance provides fo r the Liquor Llcensmg Fees and th e Permit Fees 10 be set by rcsnh,tion.
A draft of the resolution selling fees is ,1 uacl1ed. If thi s o,ci lnance is approved, the proposed foe resolu11011
will be Included for Council's considera tion on the March J, 2008 City Council agenda.
There are time and labor costs a1soclated with the process•ng of the licenses and permits whid1 include
cons:anl monitoring, posting. copying. mveshgatlng. fingerprinting. costs associated wnh hearings and often
several revlc-.,, or written reminders. This increase will he lp 10 reduce the com associated with th e
Issuance 'lf the. lie enses and permits.
FINANCIAL IMPACT
This achon w,11 allow us to set fees, ,ncre.ising re,.e<iue to help offset the costs involved (City stall labor and
processing costs) m processing liquor licenses.
LI ST OF ATTACHM ENTS
Minutes from Liquor Licens,ng Authority meeting of De··ember 19, 2007 ,ecommending approval
Copy of Senate 8111 07-149
Draft of Proposed RPsoluhon for March 3. 2008 Ml't'ltnR
8,11 for ,m Ordm,1nce
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1, Call t o Or de r ENGLEWOOD LIQUOR LICENSING AUTHORITY Regular Meeti ng December 19, 2007 The regular meeting of the Englewood Liquor Licensing Au thority was ca lled to order at 7:00 p.m., by Chairperson Lunders In the City Council Chambers. Roll Call
Present: Members Buchanan, Jensen, Lunde rs, Reid, VanDerleest
Absent: None
A quorum was present.
Also Present: Assistant City Attorney Comer
De puty City C.lerk Bush
City Clerk Ellis
Finance and Administrative Services Director Gryglewlcz
Police Commander Watson, Safety Services
2 . Consideration of Minutes
MEMBER JENSEN MOVED, AND MEMBER VANDERLEEST SECONDED, TO APPROVE THE
MINUTES OF THE TELEPHONE POLL OF DECEMBER OS, 2007.
Vote Resu lts:
Ayes: Members Buchanan, Jensen, Lunders, Reid, VanDerleest
Nays: None
The motion carried and the minutes of the telephone poll were approved.
3. Publlc Hearing
a) T he Authority received an application for a new Tavern Liquor License for Arapahoe
Home Association, 3800 S. Windermere St., Englewocd, CO 80110.
MEMBER VANDl::RLEEST MOVED, AND MEMBER JfNSEN SECONDED, i'O OPEN A PUBLIC
HEARING TO CONSIDER AN APPLICATION FDR A TAVERN LIQUOR LICENSE FDR
ARAPAHOE HOME ASSOCIATION, 3800 S. WINDERMERE STREET., ENGLEWOOD, CO
~0110.
Vote Results:
Ayes : Members Buchanan, Jensen, Lunders, Reid, VanDerleest
Nays : None
The motion carried and the hearing was opened.
Roll Call
Present: Members Buchanan, Jensen, Lunders, Reid, VonDerleest
AbsPnt: None
Also Present : Assistant City Attorney Comer
Deputy City Clerk Bush
City Clerk Ellis
Finance and Admlnlstrat,ve Services nlrector Gryglewlcz
Police Commander Wotson, sarety s~rvl ces
Chairman l•Jnders said that there Is a quorum present. ChalrMan Lunders made the following statement: everyone wishing to speak In favor of or opposition to this application will be heard. • All those In favor In presenting the application will be heard first. Anyone present wishing to oppose the application shall be given the opportunity to speak aner the applicant's presentation. Deputy City Clerk Bush Introduced the following City Exhibits: City Exhibit A
City Exhibit B
City Exhibit C
City Exhibit D
City Exhibit E
City Exhibit F
The Application for Arapahoe Home Association lndlvldual History Records for Fred Whitehurst and Charles Connor Floor Plan of premises and floor plan compliance statement Financial Questionnaire
Quit Claim Deed
A letter from Kerry Bush, Deputy City Clerk for the City of
Englewood, dated December 07, 2007, to Frederick C. Whitehurst,
tdvlslng him of the status of the appllcatlon and giving notice of the
public hearing.
A publisher's affidavit, verifying that the Notice of Public Hearing was
published In the Englewood Herald, on November 16, 2007.
A note, dated November 01, 2007, from Brook Bell, Planner for the
Englewood Office of Community Development, verlfyln . :ompllance
with zoning and distance requirements.
Proof of Posting of Affidavit
Map of the designated neighborhood Indicating:
a) Neighborhood boundaries at Floyd Avenue on north, Stanford
Avenue on south, Zuni Street on west, Delaware Street on east.
b) The applicant's location, highlighted In green, at 3800 s. Windermere
Street
c) No other Tavern liquor licenses are currently located within the
neighborhood boundaries.
Applicant Exhibits
a) none
Protestors Exhibits
a) none
Chairman Lunders asked If there was anyone here to ~i,eak on behalf of this application.
Frederick C. Whitehurst was sworn In by Deputy City Clerk Bush. He said first of all, I want to
thank you guys for your time. You do a great Job and we all appreciate It. Council 3340, Knights
of Columbus, has been In this facillty since 1970 under a club llcense. In order to facilitate some
revenue In, In order to do this ... rent the facility, It Is easier for us to comply with the laws of the
state to apply for a tavern license, so that's why we t,ave done It. We have applied so that It
would be easlr• for us to comply with state lav.s, liquor laws, and to "'!nt the facility so that we
have revenue coming In from the rentals. For that reason, we are app1 1 'ng for a tavern license.
Engt,wood Uquor Uc:enS1n9 Authority
December 19, 2007
Pb9e 2 ol 14
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Chairman lunders asked i f you had people that you wished to present> Mr. Whi tehurst sa id not Ii we don't have to. Chairman Lunders said c;kay. Mr. Whitehurst said we are all members or the Council (pointing to some members In the audience). It Is tucked away In an area that doesn't ... nothlng has changed In the way we do business; we are Just changing the type or license. Everything else is staying the same. Chairman Lunders said okay.
Charles Connor was sworn In. He sai d I Just want to comment about what Fred sa id. The
Arapahoe Home Association is an ailJunct or the Krlghts of Columbus organization. We are a
charitable organization. Previously, we had plenty of Income coming In from the bingo situation.
Yle were doing very well with that. But si nce everything that has been going on up In the
mountains, we've been chased out of the bl ngo and we're really straining for charitable money lo
d istribute to ou r charities. To do that, at the present time, we find that renting our hall under our
supervi sion will bring In some money to help alleviat e tnat. Th~t•s why we are asking for the
tavern license because the club license restricts the number of events we could have. Thank you.
Chairman Lunders asked the Deputy City Clerk Ir everything was In order.
Deputy City Clerk Bush repl ied that everything Is In order. They submitted all of the documents
In a timely manner, were very easy to worlc with and we did not receive any complaints, protests
or opposition regarding this hearing or thi s application •
Chai rman lunders said we have two new members :;11 the Authority: Mr. Rei d and Mr. Buchanan.
I am goi ng to ask If anyone has any questions ror this applicant? Dan, do you have anything?
Member Jense:, asked what are your hours?
Mr. Wh i tehurst said we have the hall available for rental pretty much seven days a week,
excluding times when our Council uses It as a private function. We don't have any per se tavern
hours. It's baslcally ... our Council meetings are the first and third Tuesdays and we are always
there then. But as we rent It, that's going to be available. Weekends primarily. Friday, Saturday
and Sunday, mostly Saturdays.
Chairman Lunders asked Robyn If she had anyt
Member VanDerleest sa id yes, I have a couple ~f q ues,,,. • When you allude to what's g oing on
In the mountai ns, I want to be clear, are we talkln!l ai>out Black Hawk or Central City?
Mr. Whi t ehurst sai d yes .
Member VanDerleest asked do y ou alreudy have an Increased 11umber of even ts scheduled in
antici pation of recei ving this license 7
Mr. Whitehurst replied yes. We have put a pretty good effort Into renting the hall to bring In
some funds . I might add that the moni es go back to the charlt,e~: we don't keep anythi ng for
ourselves . So It will go Ir.to Englewood and Littleton charities. We are a non-profit .
Chairman Lunders asked If Mr. Buchanan had any questions.
Englewood U<luor Licensing Authonty
Oe«mber 19, 2007
Pogo J or 14
Member Buchanan asked If members or your organization will operate the facility when It Is rented out or will the groups be bringing In their own catering staff to serve the liquor? Mr. Whitehurst replied thal we do ll all. Sometimes the groups will bring In the caterers when the hall ls rented out. The hall ls basically rent ed out. We have members of our own Council as bartenders. We do provide security, armed security, when the hall ls rented out. There are times when chu rch groups rent It when we don't have armed security. Chairman Lunders asked If they will be operating the license, the liquor distribution, within the club. When you rent It out, there may be other people doing the food but all of the alcohol will be done by ...
Mt. Whitehurst said yes, the Arapahoe Home Association will be serving all of the liquor.
Chairman Lunders said good. I was curious about that too. Mr. Reid, do you have anythln\j?
Member Reid said I was wondering about what sort of advertising you are going to do? Were you
going to do anything with the I nternet or Is this Just pretty much organizations find you and then
they ....
Mr. Whitehurst replied yes sir. We advertise In church bulletins and throughout Englewood.
Other than that, that's all we do.
Member Reid said advertlslr>g can break your budget. Understood. Okay.
Member VanDerLeest asked who provides the armed security? Do you contrac:: with the police
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department or do you have a private firm? •
Mr. Wh ltet,urst answered we contract out to Dennis Brenning.
Mr. Conner said Dennis Brenning Is a retired pollce offlcer from Denver. He does an excellent Job
and a good Job for us. He's smart.
Member VanDerLeest said thank you.
Chairman Lunders asked Ir the Assistant City Attorney had any questions for this appllcant and he
did not. He then ask ed If anyone In the audience had any questions regarding this application.
There were none. Chairman Lunders asked If there was anyone In opposition to this 11,;ense and If
they would llke to come forward and speak. There was no one. He said the chair would accept a
motion to retire Into executive session for consideration on this application.
MEMBER VANOERLEEST MOVED, ANO MEMBER REIO SECONDED, TO RETIRE INTO
EXECUTIVE S ESSION TO CONSIDER AN APPLICATION FOR A TI\VERN LIQUO R LICENS E
FOR ARAPAIIOE HOME ASSOCIATION, 3 800 S. WINDERMERE STREET., ENGLEWOOD, CO
80110.
Vote Re.suits:
Ayes: Members Buchanan, Jensen, Lunders, Reid, VanDerLeest
Nays: None
The motion carried ant• the meeting was adjourned at 7:26 p.m. to go Into executive session.
The meeting reconvened at 7:32 p.m.
Englewuoa Liquor Uc.enslng Authcmty
December 19, 2007
Pog~◄oC 14
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• Roll Call Present: Absent: Members Buchanan, Jensen, lunders, Reid, VanDerLeest None Also Present: Assistant City Attorney Comr.r Deputy City Clerk Bush City Clerk Ellis Finance and Administrative Scrvl~es Director Gryglewicz Police Command<!r Watson, Safety Services Chairman Lunders stated that there were technical dlfflcultles wi th the el ectronic recording
equipment so the Au'.ilorlty discussed procedures with the new members or the Authority and
how the Authoritv .iperates. Since there wasn 't proper recorc!lng equipment working, we could
not have an ex~cutlve session. Nothing regarding the hearing or license was discussed during
this time.
MEMBER IIANDERLEEST MOVED, AND MEMBER JENSEN SECONDED, TO APPROVE THE
APPLICATION CHANGING THE LIQUOR LICEtlSE FROM A CLUB LICENSE TO A TAVERN
LIQUOR LICENSE FOR ARAPAHOE HOME ASSOCIATION, 3800 S. WINDERMERE STREET,
ENGLEWOOD, CO 80110.
Chairman lunders asked If there was any further t'lscusston. There was none.
Vote Results:
Ayes: Members Buchanan, Jensen, Lunders, Reid, Vanl:'erleest
Nays: None
• The motion ca rried and the application was approved.
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Voting reasons were given by each member of the Aulhorlly.
Member VanDerLeest said I think you were able to show a needs and desires to change from a
club license to a tavern license. You have a plan to go forward with that action. Good l uck.
Member Jensen said there's no opposition for your license lo be changed. He said I think you
have a good performance record over the year-I don't think you'll hbve any Impact on the
neighborhood, and that's why I'm approving ~ 'lce,1se.
Member Reid said everything In the packet hr .. displayed to me lhat It meel~ the quallflcatlMS
for such a license and that's why I approve It.
Member Bu chan an said l Just reiterate what the other members have stated already. You have
shown the needs and desires for the community.
Chairperson lunders said and I, as Chairman, arso concur with the other members and their
reasons. At this time we will close the public hearing and there will no further discussion wllh any
or the members with the Authority regarding this application o, lfcense from this polnl.
MEMBER VANDERLEEST MOVED, ANO MEMBER JENSEN SECONDED, TO CLOSE THE
PUBLIC HEARING FOR ARAPAHOE H OME ASSOCIATION, 3800 S. WINDERMERE STREET,
ENGLEWOOD, CO 80110.
Vote Results:
Ayes: Members Buchanan, Jensen, Lunders, Reid, VanDerleesl
Nays: None
The mollon carried and the public hearing was closed.
Eng!ew-1 Liquor ucens1"9 AIJtllOlity
December 19, 2007
Page 5 or 14
Chairman Lunders said congratulations, and good luck. eoth Mr. Whitehurst and Mr. Connor said thank you. 4 . Renewals a) b) Fraternal Order of Eagle:: 3780-90 s. Jason 5t. Los Portales Mexican Restaurant
3487 s . Logan St.
Club Uquor license Exp ires December 31 , 2007 Hotel/Restaurant Liquor Licen se
Expires Jnnuary 22, 2008
Cha irman Lunders asked If there was any di scussion ? There was none.
MEMBER VANDERLEEST MOVED, AND MEMBER REID SECOND ED, TO APPROVE THE
RENEWAL FOR FRATERNAL ORDER OF EAGLES AND FOR LOS PORTALES MEXICAN
RESTAURANT.
Vote Results:
Ayes: Members Buchanan, Jensen, Lu nders, Reid, VanoerLeest
Nays: None
The motion carried and the renewals were approved.
5. Special Event Permi t
a) Museum cf Outdoor Arts
1000 Engliwood Pa rkway
for an event to be held on April 4, 2008 from 4 :00 p.m. -9:00 p .m .
(This Is repl acing an event that was scheduled on March 7 , 2008.)
Chairman Lunders asked If t here was any discussion? Tl\er e was none.
MEMBER VENDERLEEST MOVED, 11 ,'ID MEMBER BUCHANAN SECONDED, TO APPROVE TH !?
SPECIAL EVENTS PERMIT FO R THE MUSEUM OF OUTDOOR ARTS.
Vote Results:
Ayes: Memt.c~ tluct,anan, Jen!:en, LU 'lders, Rel <I, Van0erLeest
Nays: None
The special event permit was approved pending th, •en-day posting or the property and with the
public hearing date of Jan•1ary 2, 2008, which will b~ vacated If no written protests to the
lssuan e of the permit are received by the Ci ty Oerk, during the ten-day posting. Neighborhood
boundaries are set at of Yale Avenue to the north, Oxford Avenue to the south, Broadway Street
to the cast and Santa Fe Drive to the west.
6 , Change of Co rporate Structure
a) Fraternal Order of Eagles
Club Liquor License
Change or offlcers
3780-90 S. Jason St.
Chairman Lunders asked If there was any discussion? There was none.
Enote""°" Uquo, UCcnSlftll Authority
Dec-19, 2007
Page G or 1 ◄
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MEMBER JENSEN MOV ED, AND MEMBER \IA,I OERl EEST SECO NDED, TO AP PROVE THE CHANGE OF CORPORATE STRU CTURF. FOR THE FRATERNAL ORDE R OF EAG LES. Vote results: Ayes: Membe.-s Buchanan, Jens.?n, Lunders, Reid, VanDerleest Nays: None The motion carried and the Changt of Corporat e Strutture was approved. 7. Modi fication of Premises a) The Falcon 329~ S. Broadway
Chairman Lunders asked If there wa. auy discussion?
Member VanDerleest said 1 ,1ave a qu !Ion , I was looking at both 'Tlaps and I can't tell where
t he seating Is on the new one.
The owner of The Falcon, Steve Schalk, was present In the audience. He came up o tlle podium
and pointed out, for the Authority, where the seating would be. All members were satisfied with
his expl anation. He told them that the seating wlll be mobile and that It woll be tables and chairs.
Chairman Lunders asked If there was any ether discussion? There wa, none.
MEMBER VANOERLEEST MOVED, AND MEMBER JENSEN SECONDED, TO APPROVE THE
MODi f l CATION OF PREMISES FOR THE FALCON ,
Vote results:
Ayes: Members ':luchanan, Jensen, Lunders, Reid, VanDerleest
lllays: None
T he motion carried and the ModlOcatlon or Premises was approved.
8. Citizens' Forum
a) Police Commander Sa m Watson gave the Deputy City Clerk copies of
handouts for the Authority. Both wer'? titled •r:nglewood Po'lce Department, Call for Service
Report -3262 S. Broadway, January 1, 2007 t o November 5, 2007. • Police Cummander Watson
said good evening. My name Is Sam Walson a~d I am ~ commander of the pollce division. The
reason I'm here i s to talk about The Gothic Theatre. I've handed out two separate documents.
The reason I 'm hert Is we, the police dlvlslc· and the team lead, review reports In areas of high
call ~ervlce, high crime areas, high call s for service, We look at those and try to come up with a
plan to reduce the se riousness of the calls, the o.umber of calls. The two reports that I have; one
Is a slngle page report that shows from January of this year to November !> r this year, the total
calls to that location when It Is broken down Into generic categories. The second handout that
I've given out Is a llttfe bit more detailed of those same calls; basically, some lnformet:on on the
dates and •Imes, the Incident, and a brief summary. The numbers you see, the CFS number and
the DR number, are Internal numbers that relate to the reports that are generated by the podce
division. In the review of these reports, we show 108 calls to the location. 16 of thuse calls are
directly related to alcohol. I have actually pulled these reports. They are quite cumt;~rsome to
read but I have the reports themselves and a br lel summary If anyone would like them. There
are some add1tlonal calls that are medlr.a, related calls that most likely are alcohol related but
because of HIPAA rules, we're not allowed to ... we don't even have access ... the police doesn't even
hav.i access :n that type of Information, so there m ight be some more through the nre division;
ambulance type calls where people are sent there. The reason I'm here Is that I want to make
everybody aware of i hese calls. I'm not sure ... thls ts my Orst ap~earance In front of the Llqu11r
Authority, I 'm not sure If there Is any consequences, If there Is any sunctlons, that you .. If you
have any mere questions. If you need anything more from the police division as fJr as
fng14,-wuo< Ucens;ng Au•hOnty
C'ecember 19, 2007
fage 7 ol 14
Information on lhcsc calls 1r you're Interested In that. I'm not su re. I'm Just here to answer any questions and LO bring lhls rorward. We have met with the management or The Gothic, although • I would nol s~y on a regular basis bul a periodic basis and reviewed these. In my opi nion, a lot of the Issues and concerns conllnue. Our police officers go there on a regular basis . Quite a few of the calls are alcohol related. We've had damaged property, police ca rs being damaged rrom thrown rocks and bottles. We 've had officers Injured during Oghts. Fool chases. DUl's. DUI accidents. All related to Tlie Gothic. And again, our approach from the police division Is a multi· tiered approach. The problem, again, Is meeting with the management. The other one Is to present this Information to tho Authority. So, I'm here to answer any questions or provide any more Information If anyone feels It Is appropriate or I can come back at another time and answer questions.
Member VanOerleest said I have a couple or questions. I'd like to look at the reports that are
alcohol related. Wlll you get me a copy? Also, do you think that there is a possibility that they
are over serving? I s there a violation or over serving or serving Juveniles? Those are areas that
we can sanction.
Police Commander Watson replied there are some Juveniles Involved In the reports. What I've
asked the police officers to do, those that work swing shift and graveyards, Is to try to take more
of an active approach during their Investigation of these calls to determine where the people were
drinking. It's one thing, I know, to say that people are contacted outside or Inside or the
establishment and they are Intoxicated. It's another threshold to show that they were actually
served Inside the establishment so I've asked the police orflcers to take a more active approach In
questioning the people that they are contacting. Some of them are pretty Intoxicated yet I think
It 's reasonable to ask that question. So that's the next approach. I'm not sure If that answers
your question.
Member VanDerLeest sa id It does. She asked what C:o you propose would help this situation?
Police Commander Watso n said I'm not sure. I'm not sure. My goal Is to work through this
problem using as many resources as possible: the police department, the owners of the
establishment, the management or the establishment. ThE community Is Impacted. The
surrounding businesses are Impacted. There are parking Issues and you can use ... draw as many
of those people to Into the problem solving as we can.
Member VanOerLeest asked on any given night, how much of the police re:;ou rces does this tie
up, do you estimate?
Police Commander Watson said It's sltuationa: depending upon the type or call. There was ... the
most recent Incident that I have In the report .. It took every police omcer In Englewood. We had
Denver police officers, quite a contingent from Denver. We had Sheridan and we had Arapahoe
County officers.
Member VanDerLeest asked If that was this year, 2007, or was IL In 2006?
Police Commander Watson said they had deputies with their canine units with them. He said
that was Just a month or so ago ... Halloween night, October 31st. Fairly recent. Actually, I had an
omcer Injured at that Incident.
Member VanDerleest asked If It was serious? Is he okay?
Police Commander Wat son said yes, he's back on duty.
Englewocxl LJQuor Ucenslng Authonty
Oeceml>er 19, 2007
Page B of I~
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Cha irma n Lunders asked If there had been any tickets or summons Issued by the Englewood Police Department to The Gothic Theatre or Its employees for a ny li quor v iolations? Po lice Commander Wa tson said no sir. Not In the review of the reports from 2007. There have been tickets Issu ed and enforcement actio n taken to patron s of the bar or the establishmer,t , people outside but noth ing to the management or to t he establishment Itself, Chairman Lunders said correct me If I'm wrong but the Authority would hear and have hear!ngs relative to any violations of the application of the liquor license at that location . It so unds like there Is the poss i bility of some disturbances and nuisances and what all, .Jut I don't think It comes under the Jurisd icti on of th is Autho rity . I'd like to get some adv ice from the legal authority here .
Assistant City Attorney Comer said the Authority should be aware that there Is a problem but If
there are no liquor law v iol at ions , it really doesn't have the power to enforce ...
Chairman Lunders said we have no Jurisdiction If there are not any li quor violations . It sounds
like there may be some problems .
Police Commander Watson said I'm not sure what the scope of the Authority Is, when It relate s to
people that are Inside the establishment that are Intoxicated and then leave the establishment
and cause problems. There are reports that show that people who were In toxicated to the point
that they were kicked out by security from Inside the establ is hment and then came outs id e and
created problems . DUI's, chases when they are driving fast down the street, fights, med ical
re lated calls when an ambulance had to be ca lled ... taken to the hospital because they are
Intox icated, officers ta ki ng them to detox, so I'm not sure . Th at's one of the reasons that I'm
here Is to seek help and to see If the scope of your Authority, If there may be Jur is d iction In these
areas, then I'm looking for that type of help. If It Is not, then our next step Is to try to tie In the
alcohol violations more close ly re lated to being served Inside the establishment and make that
connect ion .
Chairman Lunders said but you th ink, If I understand th is correctly and the Ass istant City
Attorney can correct me If I 'm wrong , If the establishment and the ir employees have cut so meone
off and the security or whoever has cut them off from consum ing alcohol or Is Intoxicated and put
them out of the bu ilding, then I believe that the owne r of the li cense Is operating correctly by
cutting off t he Intoxicated pe rs on . Now that person gets outside and becomes a problem , the
owner acted corre::tly by cutting them off and havi ng them leave the establ is hment . I don't know
where the line Is on something like this.
Ass istant City Attorney Comer said well , If It can be shown that they are serving Intox ica ted
persons t hat cou ld possibly be a violation of the liquor li cense . If It can be proven thLJt the person
serving served an Intoxicated person, they knew that that person was In toxicated , tnen that could
possibly be a violation of the liquor license. If they are serving someone under age, obviously
that's a violation of the liquor license . Th os e th ings can be bro ught to the Liquor Author ity . But
the Chairman was co r rect if someone Is In toxicated , the perso nnel at the venue decides that that
person cannot be served any more alcohol, they can cut them off at t ~•"· , olnt . They've done
what they are supposed to do under the liqu or license. If tha t person then creates a disturbance
Inside the venue, then they can also be rem oved from there. Once they are outside,
unfc-tunately, the liquor licensee really has no ... they are done . That 's part of the liquor license .
It's part of the statute, under the Colorado Statute.
Police Commander Watson said so what I 'm hearing you say then sir Is that there Is no
responsibility from somebody that's been removed because of Intox icati on from Inside the
establishment, moved outside the establishment. .. t here's no respons ibility for them to call the
police, to call the ...
En gl ewood LIQuor lice nsing Authority
December 19, 2007
Pag e9or 14
Assistant City Attorney Comer said that's entirely up to the licensee, If they w,sh to call the police. • Police Commander Watson continued saying call the medical services or call for a sober person to give a ride to get the person home. The Authority, from what I 'm hearing you say, from your Liquor Licensing Authority, Is ended at the point from when they removed tnem from the bar. Assistant City Attorney said t ha t's correct. Police Commander Watson said okay.
Chairman Lunders said It becomes a sticky thing, and I use a history thing relative to the City of
Englewood. Al one time there was a place called Paddy Boots, ,p on Broadway. And one night,
the police department was called and they found a dead lady In the dumpster. I'm not trying to
be callous or anything, but just because you have a dead lady In a dumpster ts not a liquor
violation. So this Authority, I mean we can hear It, but we have no jntsdlctlon If It Is not alcohol
related. It has to do with Intoxication and serving and such as that. I mean It Is tragic that the
lady died and was in a dumpster but It Is a sticky thing. Where do we be.:ome Involved as the
Liquor Authority? We need you to site someone, observe someone serving someone
lntoxlcated ... when that happens, then bring them before the Authority.
Assistant City Attorney Comer said then we cou ld do a Show Cause.
Chairman Lunders said we could have a Show Cause Hearing. But It needs to be a liquor violation
before we can become Involved .
Police Commander Watson said I see what you're saying: it is a lcohol Involved but It Is not a
liquor vlolatlon. What we are looking for Is a more active involvement from the management In
helping us before It creates a bigger problem, by actually calling us when they kick people out, by
having the proper staffing because they do serve alcohol. .. h aving the proper staffing on hand that
can help manage the crowd. They can keep people off of Broadway so we don't have to close
down Broadway because so many people are outside that they are a danger to themselves. They
could work the crowd right outside of the establishment when it doses down so If people are
intoxicated or the r.rowds are out of hand, we can actively be part of the solution Instead of bei ng
an establlshmen: that has a problem . A lot of it ... some of it is because of alcohol. And then when
the problem is t ·eated, just push It out on the street and then say It's your Job, a police Job, now
fix the problem, which I nnd frustrating w1ct1 the resources that we have In the police division. A
lot or nights we may have four otrlcers worklng ... maybe five on a good night or six, and all of
them are tied up, and all of them are tied up on a regular basis and we neglect what's goi ng on in
the other parts of the City. We have 30,000 other people that live in the City and other
businesses that need to be served but we can't. We have officers that are clearing other types of
calls, serious calls, domestics and other nghts, and they havt! .o go and respond to this area on a
regular basis. It Just hasn't been once but on a regular basis. So I know ... understand what you
are saying and we are looking for more active particlpaUon from the management, from the
owners, to help us solve the problem. And I know, I know, and these reports renect that, and
that's why I com!' t o the Board ... to the Authority is because alcohol plays a part In It. And I do
understand what ycu are saying and we'll continue to work. We'll call meetings with the owners.
We'll do everything that I've mentioned before as far as tying the drinking into the bar Itself. The
officers can do a better job documenting that. We11 continue to do all that.
Member VanDerleest said at this point Commander, It hasn't risen to a level that we can apply
sanctions I like that this has sparked dialogue and I think that the owner Is derinitely Interested
in helplng to gain community support. I am also dennltely interested In getting the Englewood
Police Department allttle bit more aggressive In enforcing liquor laws across the City, not Just
Engleuood liquor Licensing Authortty
Dec~ 19. 2007
Page tO 01 I~
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necessarily at The Gothic. And so, If you don't mind sticking around after the meeting, I would hke to d1Scuss that with you and possibly l ook at how we can get this to a level where ii needs to be, so that we can sanction If sanctions are needed. However, I do encourage that there Is a dialogue, dennlte communication, so that we don't have to go that far. Chalr'llan Lunders -;aid I ha, ea question for the Assistant City Attorney. Under the State Statutes that regulate the operations of the establishment serving alcohol, if that establishment during the process of serving alcohol, creates a public nuisance, Is there anything In the statutes that can Involve the status of the license? Assistant City Attorney Comer said I understand but I would have to research It.
Chairman Lunders said If It is that the operator of the license is, as he said, putting people out on
tte street, creating a public nuisance, Is It covl!red under the State's Liquor Statutes?
Assistant City Attorney Comer said I would have to look It up. I don't have the Information at my
nngertlps.
Chairman Lunders said so I don't know If w~ have any Jurisdiction or not. Dugan can flgure It out
and posslbly get back to you.
Member Jensen said, Mr. Chairman, I think that there ls some language that addresses habitual
drinkers and It Is against the law to serve a habitual drinker.
Chairman Lunders said but then where does II say we have to ...
Member VanDerLeest said that person already has to be ldentlned as a habitual drinker, under
t te statute.
Member Je nsen said I know the City of Englewood and maybe they still do this, would send
somebody from your department In to talk to the store or bar and talk to the all or the employees
and go over with them what a visibly Intoxicated person Is and how to address different problems
that you m ight run Into, and I believe that they still do It.
I" ember VanDerLeest asked If they were required to have that training and was Informed that it Is
not required but highly recommended.
Commander Watson said we would be happy to do It. He said have In the past but I couldn't tell
you If we've done that at The Gothic. We've done It In the past for other partles.
C~alrman Lunders said It seems to me, from what you have said, that the operators of the
e~tablishments, are cutting off the patrons and putting them on the street, so to speak.
C.lmman~er Watson said that Is one scena rio. I'm not saying that happens but that has been a
stenarlo.
Chairman Lu1,ders said like Dugan says, technically, If that's what the operator Is doing, they are
cc,mplylng with the statute. I don't know what the answer Is and perhaps If the establishment Is
causing a public nuisance, then I don't know If we can be lnvol~ed or If we can't. Do you
understand what I'm saying? That Is somethln g that has to be determined through the statute,
nc,t what we think or don't think. We don't operate that way. We can only operate by what the
rule book says, what the statute says.
EnutcwOOd LIQuor Licensing Authority
Oe,:ember 19, 2001
Pa~• 11 Of 14
Commander Wat s,n said I understand that. Again, Just to backtrack, my reason for coming here was to present this lo you and see If It falls Inside the scope or your authority and II It did, then • the next question would be Is If there Is anything that you can do to help. So I appreciate this. Chairman Lunders said we appreciate you getting us up to speed on what, eventually, possibly, a problem lhdt may be going on there. It may take awhile, but Dugan can find out where we stand and what we can do or can't do. Needless to say we have to operate by the law. Member VanDerleest asked do you have time to wait Commander? II not, then I can give you a call.
Commander Watson said ye.s. That's nne. Thank you.
Chairman Lunders asked If any body else have anything to say regarding this?
Steve Schalk, owner of The Gothic, said we have had a liquor license, there at The Gothic, since
1999 and we've had a close relatlonshlp with the police department and t he nre department. I
don't ree l as If we've had a very close rel ationship In the last couple of years, quite honestly.
These matters ha ve not been brought to our attention. I even contacted Jeff Sanchez a couple of
months ago regarding the level of communication and such. Kerry called me and let me know
that we were on the agenda. I wanted to come down and nnd out what was happening. I'm
Interested In having those meetings and I wish we would have ha-1 a meeting before this one. I
don't know what the pa perwork Is or what It Isn't. 1 do know what happened on Halloween and ll
was a bad situation. So I would like to have those meetings. I'm always avallable. Kent Shelton,
my manager, Is avallable. Greg Zaransky, another manager, Is avallable. My door and my phone
are always open and you can please contact us and l et's have a meeting. I mean, you said that
you've had meetings with us and I don't know you. I k now most of the people over at •
Englewood. I don't know. I'd like to have these meetings and see what It Is that's happening and
try to address these Issues.
Chai rman Lunders sa id let m e say this, At the present time , we are becomi ng aware of a possible
problem. I don't believe the Liquor Authority is or can be Involved unless there is something In
the statute that tells us we can. I would suggest, and this Is my personal suggestion, nothing to
do with the Au t hority, It might be a great Idea If you folks lrom the est ablishment and the folks
f rom t he En glewood Police Department be able t o get together and have a meet ing, sit down and
possibly work ou t some of the problems that may be out there. I can't order that but I am
suggesting It. The way life works sometimes Is that It Is much better to cure a problem before It
grows Into a mad dog.
Mr. Scha lk said I couldn't agree w ith you more.
Chairman Lunders said thanks for coming.
Mr. Scha lk said absolutely.
Chairman Lunders sai d does anyone on the Authority have anything to discuss relative to this?
Member Re id said from what we've discussed here, we don't have the ability to set limit s on
what's going on and they're not In violation so I think at this point, It Is not at Issue by State
Statute. So unless the Assistant City Attorney finds something dlrferent, I think our session with
this particular Item number Is absolved. Is that the correct way to put It?
Chairman Lunders said I think then we'll put an end to this particular Item and Dugan can
research It and possibly get with the Police Department and the operators or the licensing
Enolewood Liquor Licensing Aulhonty
Dtcember 19, 2007
Poge 12 0114
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establishment. If there Is something that Involves us, I'm sure we'll be more than happy to let everybody know. 9 . Cl erk's Choice a) Deputy Clerk Bush pointed out a change that has been added to the Special Events Questionnaire regarding the required explanation for the location of an event, not in an already licensed establishment and thus the need for a Special Event Permit. This Is regarding C.R.S.§12·48·103(2)(a) [Colorado revised Statutes]. She Informed the Authority that this had been discussed with Assistant City Attorney Comer and that the questionnaire was a good place to place the question . This Is was for the Authority's Information only.
b) Rates Increase
Deputy City Clerk Bush said this has to do with rate Increases. Senate BIii 07-149, which went
Into effect on August 1, 2007, Increases the fees for certain applications, transfers, renewals and
special events permits. She said we are one or the very few munlclpalltles that have not yet
Increased our fees to mat ch the allotted amounts. What I am looking for fr om you Is a
recommendation that this proceed to City Council for approval of all of the rate Increases.
Chairman Lunders asked If there was any discussion?
Member Bo;chanan asked If we are recommending the rate Increase o r If we are recommending
that Council consider raising the rates?
Deputy Clerk Bush answered that the Authority would be recommending t hat the Council consider
and approve Increasing the fees for the r.cw applications, t ransf ers, renewals an d special event
permits according to the amounts stated In Senate BIii 07-149.
MEMBER JENSEN MOVED, AND MEMBER VANDERLEEST SECONDED, TO RECOMMEND THE
RATES INCREASE BE PRESENTED TO THE CITY COUNCIL FOR THEIM CONSIDERATION.
Vot e results:
Ayes: Members Buchanan, Jensen, Lunders, VanDerleest
Nays: Member Reid
The motion carried and the recommendation will be p resented to the City Council.
c) Di stance Change
Deputy City Clerk Bush sa id this last thing Is a distance change that I would like you to
recommend to City Council so that all liquor licenses have to comply with the five hundred foot
distance requir ement that curr~ntly only malt, vinous or spirituous llquOl'S must comply with.
This recommendation would lndude having fermented malt beverages andior malt liquors now
comply with the same nve hundred foot d istance requirement. I am looking for consistency for all
liquor licenses. The distance requirement :s for any premises located within five hundred feet or
any public or parochial school or the prlnclpdl campus of any college, unlversl:y or seminary. The
measurement of the distance will not change. Those who currently have a fermented malt
beverages and/or malt liquors will be grandf athered and this will only effect new applications or
transfers.
MEMBER JENSEN MOVED, AND MEMBER REID SECONDED, TO RECOMMEND THAT THE
500' DISTANCE REQUIREMENT BE APPLIED TO ALL LIQUOR LICENSES BE PRESENTED
TO THE CITY COUNCIL FOR THEIR CONSIDERATION.
Eng .. wood Liquor LocenSlng Authooty
December 19, 2007
Page 13 o/ 14
Vote results: Ayes: Members Buchanan, Jensen, Lunders, Reid, VanDerleest Nays: None The motlon carried and the recommerndatlon will be presented to the City Council. 10. Counsel's Ch oi ce The Assistant Oty Attorney did not have any matters to bring befc; e the Authority. 11. Au thori ty Member's Choice
There were no Items brought forward.
12. Adjournment
The meeting was adjourned at 8:14 p.m.
Deputy City Clerk
Englewocd Uquor ucenslng Aulhorlty
December 19, 2007
Page 14 ol 14
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First Regular Session Six ty-six th General Assembly STATE OF COLORADO PRE AMENDED I.LS NO. 07-0634 01 Jery r,ync 77rlJ IJ11r,ffic,al ffcr;i.ln n l,ic/mlc., Conmuttec AmenJ.,,n,s Not Ytt Adop/NI o• S«mul Reodmg SENATE BILL 07-149 SEN A TE SPONSORSHIP Bacon,
HOUSE SPONSORS HIP
Bu escher,
Senate Commlttee.i
Local Govemment
Hou5e Committees
Loco! Govcmmcat
A BILL FOR AN ACT
101 CONCERN ING AN INCREASE IN THE AMOUNT OF FEES LOCAi ,
102 JURISDI CTIONS ARE PERMITTED TO CHARGE FO R ALCOHOL
10) BEVERAGE RELATED APPLICATIONS,
Bill Summary
(Note: Tliis .m11111ary applies to this bill as i11trod11ced a11d does
11ot necessarily reflect a11y amendments that may be s11bseq11e11tiy
adopted.)
Raises the cap on the application fees that arc chnrgc<l by a local
government to i:.suc liquor licenses and permits :
For a new license, from $500 to S 1,000;
For a transfer of location or ownership, from $500 to
$1 ,000;
For a renewal of license, from $50 to SIOO; and
Shading dcnotca HOUSE amendment. pgubls und5rJin~g degr·e SENA]] 1[fndTf"l
C•pilol ldlnl Utikr t new .. .,r.,1111 10 k a dcd"' abtlnz 1tat1ttr.
/J,uha 1liro 1wh tht w,uds lmJic:.alt d1!ltlion.1 from txln lnr 1ta f'.1tr.
Special pcnnil fee , from S25 io !100. Be ti cnacl<!d by the General Assembly of the State of Colorado 2 SECTION I . 12-47-505 (4) (a), Colorado Revised S1atu1cs, is 3 amended to read:
4 12-47-505. Lo ca l license fees. (4) (a} Each application for n
5 license provided for in this article and article 46 of this 1itle filed with a
6 local licensing authority sha ll be accompanied by an application fee in an
7 amount detennined by the local licensing authority to cover actual and
8 necessary expenses, subject 10 lhe fo llowing limitations:
9 {I) For a new license, nnt Ill exceed fi ,e hu11d,ed dollacs TIIE
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FOLLOWlNO:
(A) ONORBBFOREJULY 1,2008,SIXHUNDREDANDTWENTY•FIVE
DOLLARS;
13 (B) APTER J ULY I, 2008, AND BEFORE JULY 2, 2009, SEVEN
14 HUNDRED AND MFTY DOLLARS;
15 {C) AFTER JULY I, 2009, AND BEFORE JULY 2, 2010, EtGIIT
16 HUNDRED AND SBVENTY•FIVE DOLLARS;
17 (0) AFTERJULY2,2010,0NETHOUSANDOOLLARS;
18 (II) For a transfer of location or ownership, not lo exceed me
19 lm11dicd dollrus each lllE POI.LOWING FOR EACII:
20 (A) ONORBl'.FOREJULY 1,2008,SIXIIUNDREDANDTWENTY·flVE
21 DOLLARS;
22 (8) AFTllR JULY I, 2008, SEVllN HUNDRED ANIJ FIFTY DOLI.ARS;
23 (I ll) For a renewal of license, not lo exceed fifty dollms lllB
24
25
FOLLOWING; except that an expired license renewal fee sha ll not exceed
live hundred dollars:
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2 J {A) ON OR BEFORE JULY I, 200 , SEVENTY -Fl E OOLu\RS; {B) A fTER J UL Y I, 2008, ONE HUNDRED DOIJ.ARS . 10 2. 12-48-107 (2), Colorado Revised tatmes, 1 4 a 11ended to rend: 5 12-48-107. Appli calio n fo r Special perm it. (2) In addition lo
6 the fees provided in section 12-48-104 , applications shall beacc-ompanicd
7 t, 1ch fee as the local licensing authority may fix, not to exceed
8 twcnty-t;-,e ONE IIUNDR.ED dollars, for both investigation and issuance of
9 A permit. Upon approval of any applica tion, th e loca l licensing authority
IO shall notify the st.11e lice nsing authority of such app roval. The state
11 lice nsi ng uut hori ty shall th ere upon promp tly ac t an d eitl1e r ap prove or
12 disapprove suc h app lica tio n. Th e sta te licensing aut hor ity shall not iss ue
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15
any permit under this artic le until the lo cal licensing autho rity has
approved such application . In reviewing an app lication, the loca l
licensing au thori ty hall apply the same stan dards forapproval and denial
16 applicable to the stale licensing authority pursuan t to this article.
17 E 10 3. Effect ive dat e -applicabili ty. (I) This act shall
18 take effect al 12 :0 I a.m. on the day following the expiration of the
19 ninety-day period afler final adjournment of the general a cmbly !hat is
20 llllowed for ubmitting a referendum petition pursuant to article V,
21 section I (3) of the sla te constitution , (August 8, 2007, ir adjournment
22 si ne die is on Muy9 , 2007); excep t that , ifa referendum peti tion is filcJ
23 against this act or an item, section, or pan of this acl within such peri od,
24 then lhc ne t, item, section, or part, if ap proved by the peop le, shall lake
25 effec t on the date or the officia l declaratio n of the vote thereo n by
26 11roclumu1ion of lh c governor .
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(2) The prov1s1ons of this act shall apply lo applie11tions sub1111ucd • 2 011 or after the applicable effective date oflhis act.
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Rl'SOl lfl ION NO SL:RIES OF 2008 DRAF T D /1 IWSOLUTION ES'J ,\BUS I JING IINNLIAL I.ICENSF FFES /IND Sl'Et'IAI. FVENl'S PERMIT FEES FOR LIQUOR I ICENSINli FOR 11 IF cm· cw ENGi FWOOD. COLORADO. WHEREAS, the Englewood C11y Counci l hns followed the Colorndo State Stmutcs setting fee:; for the issuance of liquor licenses nnd pcnnits. which fee s have not bc-;:n increased by the State mover
twcoty >=: and
WHEREAS, the Colorado Senate Bill 07-149 was n bil1 forna oct conccming an increase in tho
amount of fees local junsdicuons arc pcmuucd to ch.1rgc for alcohol bcvemge related applications
which became cfTcctivc August I, 2007. and
WHEREAS, Senate Bill 07-149 also mised the cap on application fees 1l1111 may be chnrgcd by a
!ocnl i:ovemmcnt to issue liquor license• and permits; and
WHEREAS, the fee s for a new license, the transfer of location or ownc!'llhip, and re11ewnls will be
increased in o b'fllduatcd time frame, but the special even t pcnnit fee would become effective, in full,
inuncdiately: nnd
WHEREAS. the passage of this proposed Resolution, recommended by the Englewood Liquor
Licensi ng Authority. will bring the City's fees up to dote with SB 07-149;
NOW. lllEREFORE. UF. IT RESOLVED BY TIIE CITY COUNCIL or TIIE CIT\' OF
ENGLEWOOD. COLORADO, THAT:
~-The City Co;ncil of lhc City of Englewood. Colorado hereby nuthorizcs lhc ,cuing
ol'thc City's l.1quor Liccnst Annual License Fees, as follows
A111m1I Li cense Fees.
/\. Ar.nual license fees shall he paid to the City , -ovided hy Stnte law, sh.111 be p.1id m
ndvancc, nnd shall not he rebated or discoun tc. un a prop niona1c ba5is for any lic1.11sc in
existence or issued for less than u yeur. Said fcc'S shall be in uddition to ony annuul license
fees or registration fees required to be paid to the State.
Li quor License f'ccs.
AJ)plicatinn fee,. for liccn.<cs sJ~,11 be payublc to the City ns follows :
/\. New license not to exceed 1he folluwing:
I. On or bcl'c.re July I, 2008 -$625.00
2. After July I, 2008 and before July 2. 2009 -$750.00
3. After July I, 200'1 nnd before July 2, 2010-$~75 00
~-Alier July 2. 2010 • S1.000.(Ml ll. Transfer of location or cx ,siing license 11<)1 10 cx,,-.-d the followmg I. 011 or before Jul y 1, 2008 • $625.00 1. After July 1, 2008 · $750.00 C. Trnnsf::r or ownership or cxostong lice nse no110 rxcced the following :
I. On or before July l, 2008 · S62S.OO
2. Aner July I, 2008 $750.00
0 Ch:mgc or corpomoc structure fo r eicis1ong license:
For each b.ickground invcs1iga1ion conducted by the City for each new officer,
director. stockholder or member of a corporation e r limited liability company •
Sl00.00
2. Excmp lion 10 change of corpornlc s1ruc1ure background invcs1iga1ion:
a. This fee shall 1101 be charged for a nonprofil orgnrn1.,1ion.
E. Renewal of exis1ing license:
I. Renewal of exJS1ing liccn:c on or b.:fore July I, 2008 • S7S.OO
2. Renewal of exisung license afier before July 1, 2008 • SI00.00
F. Temporary perrrJt pend mg Irons fer ~r owncrslup S 100.00
G, Late fee for renewal npplicnlions filed wi1hin ninety (90) days aficr 1hc cxpimlion dale
SS00.00
'l11csc foes shall be in addition lo any annual foes imposed by lhe S1n1e.
~-The City Council of 1hc Chy ur Englewood, Colorado hcroby au1hori1,cs 1he sell 1ng
of 1hc t i1y's Liquor License SJX'Clnl f:venls Pem1il Fees. as follows:
Spc<i ol Eveats Permit Fees
The Local Licensing Authority shall impose a fee (per event) for po,iing. in,csliGl'IKln, and
1s.<uancc of any special event fl(,'f11lll as follows:
A. One Hundred Dalian, ($100.00) for a fermenlcd 11.0l1 beverage permit.
B. One Hundred Dollars ($100.00) for a mah, vinous nnd spiriluoos liquor pennit.
Snid fees shall be in addition 10 any fees imposed by 1he State.
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ADOP1El) AND APPROVED this ___ day of ______ • 2008. ATrESf: James K. Woodward, Mayor
Loucrishia A. Ellis. City Clerk
I, Loucrishla A. Ellis, City Cleric for the City of Englewood. Colorado, hereby ccnify the
above is a true copy of Resolution No._, Series of 2008.
Loucrishia A. Ellis, City Clerk
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ORDL'IIANCE NO Sl·RIF.S OF 2008 UY AUJ'IIORITY A BILL FOR COUNCILBll.lN0.13 INTRODUCED OY COUNCIL MEMBER ____ _ ".N ORDINANCE AM ENDING rtTLE 5, Cl !APTER 3B, SCCTIONS 3, S AND 8, OF
TIIE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO LIQUOR
LICENSING AND PERMIT FEES.
WIIEREAS, because of periodic changes in 1hcse fees, such fees would be better sec b)
City Council Rcsolu1ion; and
WHEREAS, the setti ng of these fees by City Council Resolution is co nsistent with other
C11y fees which arc also see by City Council Resolution; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENG LEWOOD, COLORADO , AS FOLLOWS:
~ The City Council of the City of Englewood, Colorado hereby authorizes
amending Title 5, Chapter 38, Scc1ion 3, "Annual License Fees and Occupation Tax", of the
Englewood Muni cipal Code 2000. changing the selling of Uquor Licensing and Permit fees
by Ci ty Counci l Resolution, to rend as follows:
5-38-3: Annual bitease l'tH Hd Occupation Tu.
A. AnRual lieeRse fees &RAIi be paid 10 the City es pr<! idee B) Slate leY I shell he paid
111 ed •aaee, e11d shall RBI be rebetod er diseaumed BR e pr<1p8flie11ate ~y
lieeAS e in MlsteAee er isswed fer lass !hen e )'ee,. Said fees shall be IA edditi an ta
IR)' a,111ual li uASe fee11 er R1gj,1re~eR fell8 ,e~uired 18 he paid la !Ae 81010.
B. /!;, The business of selling nl retail nny fermented mall beverage, mnh, vinous or
spirituous liquors, is hereby defined and separately classified as an occupation as
specified below. The following annual occupation taxes arc hereby established and
shall be paid b:, •he ,,,plicanl or liccn= 10 the City:
TADLE INSET:
I R~1n il liquor store $300.00
2. Liquor-licensed drug store 300.00
3. Beer and wme 450.00
4 . Hotel and restaurnnt 650.00
5. Tavern 650.00
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6 l'lub ~S0 .00 7. Ans 00.00 8. Orcw puh 750.00 9. Oplloonl prcnuscs 050.00 ~-/\ I 00.00 e1ch optional Opt1011al premises wuh hotcl/restaunml license premi ses II. Ocd nnd breakfast Ol'.00
12. Mm1bar 450.00
13. All licensees liccn.~ed 10 sell fem1en1ed malt beverages for 450 .00 consumption both on nnd oIT the premises
14. All licensees licensed to sell only fermented mah beverages by the 4S0.00 drink for consumpuon on lhc premises
15. All licensees licensed 10 sell only fcm1ented mah beverages in their 300.00 origlnn l containers for consumption off the premises
Said taxes shall be in addmon 10 the aMual license fees paid to the City and the State
and shall be paid prior 10 the issuance or renewal of lhc City license. No refund of any
tax paid in accordance with this chapter shnll be mndc to any person who discontinues or
sells his/her business during the duration of the license; provided, however, thnt the new
owner of any establishment. when approved as the new licen;ee, &hall be credited on a
daily basis for any occupation tax paid by the previous owner for the unexpired terns of
the previous owner's hecnse.
In addition 10 any other remedy provided by this chapter, the City shall have the right to
recover all sums due and owing under this chapter by any civil remedy avb :iablc under
existing law . Funhcrmorc, the provisions of Section 4-4-19. Englewood Municipal Code.
2000, •unl~wful Acts•. ts incorporated herein and made applicnble lheruo.
~ The City Council of the City of Englewood, Colorndo hereby authori1.cs
amendi ng Tit le 5. Chapter 30, Section 5, "Fees". of the Englewood Municipal Code 2000, by
amending 5-3B-5 and providing for the selling such Fees by City Council Resolution.
Awwal Liccnsc&ru)rnll be set bvJ:ily Co@cil Rcsolutjon pgdJbllil,bcjJW!!fuilln Ill
m fecs,imnoscd by the s1a1c.
Appliea1ion rees re, lieonses shall be pe)al!le to the C11y 1111 l'ellewe:
TABLE INSET: I I ~le .. liee11•e
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A-~ +FIIA9H!F ~~leea11en e~••is1iag li0011so ~ ~•FIIASH!F 8~8 •nemhip •~•-~is11Rg l1ee115,1 G. GhaAge af eeff1BF&l e s1A:1eh1H leF ~isl1M1 lieees.e: re, eee~ beel,g,e•nd iR"es1iga1ieR eeadye1ed b)' 1he Gi1y Al• oeeh """ el:Jiee,, -I,--din01e,, 11eel~1el80F BF IRBIR88f e~e 60fll8MliBR Bf li1t1i1oe liebilily ee,npe11y
~ li!IOffllllieA le eh&11g1 8~8el'Jl8ffll0 SIN8IIIFI baellgFBIHld iR"l!Sligalie,c
II,-+his r., shell 1101 be ehllfged HJF • ABRP•~lil eff!IIRii!lllieR.
6,--ReReu•al •~ e11is1ing I ieeas e
i:. +OIIIPBIM) peFRlil poAdiRfl lflll!SH!f 9~811 '1lef&hip
G,-ball fee w, -•"al 1pplieali8RS lilod ilhiR IHR OI) !9911111)'6 oAOf lho 1!!1piF111<ee
tlal.-
'Rlll6o fees shell be i11 eddilien le 811)' eddilie•el re,,. Lape see by 1l!e Stele.
~ The City Council of the City of Englewood, Colorado hcrd>y authorizes
amending Title S, Chapter 3B, Section 8, "Special Events Permit Fees", of the Englewood
Municipal Code 2000, hy amending 5-3B-8 and providing for lhc selling the Fc-c~ by Ci1y
Council Resolution.
5-3B-8 : S~cl•I Events Permit Fees.
Special Ex;ms Permit Fees shl)U be set by Gi1x Council Reso)utjon and •b•U he io
adllliign 10 ADY fees imposed by the St ate
+ho beeal bieoRsiRg • •1heFi1i• skall in,pese a fee {tll!f e• 01111 re, pasting; i• •es1iga1ie11,
8118 isswoRo e efaey speeiel '""'' pllflflil as l'tlllo•, 9!
Said fee& &hall he iR add11ie11 18 aey feee i~~osed hy lhe ll1a10,
~ Safety Chmscs 1110 City Council hereby finds, determines. and declnres
that this Ordinance is promulgnh:d wider 1he general police power of the City of
Englewood, thal it is promulgalod for the hcahh, safety, and welfare of1 I .. public, ond
that this Ordinnncc is necessary for lhe prcsem111on of health and safc,y and for the
prolcction of public convenience and welfare_ The City Council further ddermines thal
the Ordinance bears a ralionnl relation to 1hc proper legislative object sought to be
obtained .
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~ Scvembjljtv. If nny claU!ie, senlence. parab,raph, or part of1h1s Ordmancc or lhc application thereof 10 any person or circurnsrnnccs sho ll for any reason be adjudged by a court of competent jurisdict ion invalid. such judgment shall 001 affect, impair or mvalido1c the rema,ndcr of this Ordinance or its apphcahon lo other persons or circumslanccs. ~ tncoo,jstcn1 Onl1nanccs. All other Onhnanccs or portKW thereof inconsis1en1 or conflicting with this Ordinance or any portion hereof are hereby repealed to the exlcnl of such inconsistency or conflict.
~ E[c:c1 of repeal or modifjcaiion. The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release,
extinguish, alter, modify, or change in whole or in part any penalty, forfeitwe, or
liability, either civil or criminal, which shall have been incurred under such provision.
and each provision shall be treated and held as still remaining in force for the purposes
of sustaining any and all proper actions, suits, proceedings, and prosecutions for the
enfon:emen1 of the penalty, forfcirure, or liability, as well as for the purpose of
sustaining any judgment, decree, or order which can or may be rendered, entered, or
made in such actions, suits, proceedings, or prosecutions.
~ Penally. The Penalty Provision of Section 1-4-1 EMC shall apply to each
and every violation of this Ordinance.
Introduced, read in full, and passed on first reading on the 19th day of February, 2008.
Published as a Bill for an Ordinance on the 22nd day of February, 2008.
fames K. Woodward, Mayor
ATTEST:
Loucrishia A. Ellis, Ci ty Clerk
l, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that
the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full,
ond passed on first reading on the 19'n day offebrunry, 2008.
Loucrishin A. Ellis
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COUNCIL COMMUNICATION Dalt: As,nda 11,m: Subj,ct: February 19, 2008 9 a iii Bill for an Ordinance making dislances consistenl for all loquor licensees Initiated By: S!aff Source: Department of Finance and Admimstrati\e Frank Gryglewicz, Director of Finance and
Services Adm inistralive Services
City Clerk's Office Kerry Bush, Deputy City Clerk
COUNCIL GOAL ANO PR EVIOUS COUNCIL ACTION
City Council discussed this issue al a Sludy Session held February 4, 2008, Counc il directed staff to
prepa re a BIii for an Ordinance, changing distance requirements 10 apply to all 1ypes of liquor
licenses which w,11 insure consislency in application and understanding.
RECOMMENDED ACTION
Staff recommends City Council approve a Bill for an Ordinance setting the distance requirement for
all types of liquor licenses at 500 feel from any public or parochial school or the principal wnpus of
any college, uni,emty or seminary.
BACKGROUND, ANALYSI S, AN D ALTERNATIVES IDENTIFIED
Colorado Code of Regulations Regula1ion 47-326 and Colorado Revised StaIuIes §12-47-313
currendy has disIance of 500 feet enforced for selling mat~ vinous or spirituous liquor. Upon Ihe
recommenda tion of lhe Liquor Licensing Authority, Ihe request Is hereby made to Include
ferrnenIed malt beverages and/or mah liquoo in the dis1ance requirement The recommended
change would provide distancing consistency for all liquor license types.
This change would affect only new license applications. Existing licenses would be grandfathered
FI NANCIA L IMPACT
Unknown
LIST Of ATTAC HMENTS
Minutes from Liquor Licensing Authority meeling of December 19, 2007 recommending approval
Bill for an Ordinan ce
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1 . Call to Order ENGLEWOOO LIQUOR LICENSING AUTHORITY Regular Meeting December 19, 2007 The regular meeting of the Englewood Liquor Licensing Authority was called to order at 7 :00 p.m., by Chairperson Lunders In the City Council Chambers.
Roll Call
Presrnt: Members Buchanan, Jensen, Lunders, Reid, VanDerLeest
Absent: None
A quorum was present.
Also Present: Assistant City Attorney Comer
Deputy City Clerk Bush
City Clerk E Ills
Finance and Administrative Services Director Gryglewlcz
Police Commander Watson, Safety Services
2. Consideration of Minutes
MEMBER JENSEN MOVED, AND MEMBER VANDERLEEST SECONDED, TO APPROVE THE
MINUTES OF THE TELEPHONE POLL OF DECEMBER OS, 2007.
Vote Resu lts:
Ayes: Members Buchanan, Jensen, Lunders, Reid, VanOerleest
Nays: None
The motion carried and the minutes of the telephone poll were approved.
3 . Publlc Hearing
a) The Authority received an appllcatlon for a new Tavern Liquor License for Arapahoe
Home Association, 3800 S. Windermere St., Englewood, CO 80110.
MEMBER VANDERLEEST MOVED, AND MEMBER JENSEN SECONDED, TO OPEN A PUBLIC
HEARING TO CONSIDER AN APPUCATION FOR A TAVERN LtQUOR LICENSE FOR
ARAPAHOE HOME ASSOCIATION, 3800 S. WINDERMERE STREET,, ENGLEWOOD, CO
80110.
Vote Results:
Ayes: ,.i.!mbers Buchanan, Jensen, Lunders, Reid, VanDerleest
Nay<: None
The motion carried and the hearing wa.s opened.
Roll Call
Present: Members Buchanan, Jensen, Lunders, Reid, vanDerLeest
Absent : None
Also Present: Assistant City Attorney Comer
Deputy City Clerk Bush
City Clerk Ellis
Finance and Administrative Services Director Gryglewlcz
Police Commander Watson, Safety Services
Chairman Lunders said that there Is a quorum prese•t. Chairman Lunders made the following statement: everyone wishing to speak In favor or or opposition to this application will be heard. All those In favor In prese nting lhe application will be heard first. Anyone p resent wishing to oppose the application shall be given the opportunity to speak after the applicant's presentation. Deputy City Clerk Bush Introduced the following City Exhibits: City Exhibit A
City Exhibit B
Clty Exhibit C
City Exhibit D
City Exhibit E
City Exhibit F
The Application for Arapaho l Home Assoc ia t ion Individual Hi story Records fnr Fred Whitehurst and Charles Connor Floor Plan of premises and r oor plan compliance statement
Financial Questionnaire
Quit Oalm Deed
A letter from Kerry Bush, Deputy Ci ty Cle rk for the City of
Englewood, dated December 07, 2007, to Frederick c. Whitehurst,
advising him or the status of the application and glvl,1 g notice of the
public hearing.
A publisher's affidavit, verifyi ng that the Notice of Public Hearing was
published In the Englewood Herald, on November 16, 2007.
A note, dated November 01, 2007, from Brook .~ell, Planner for the
Englewood Office of Community Development, verifying compliance
with zoning and di stance requirements.
Proof of Posting of Affidavit
Map or the designated neighborhood Indicating:
a) Neighborhood boundaries at Floyd Avenue on north, Stanford
Avenue on south, Zuni Street on west, Delaware Street on east.
b ) The applicant's locatlon, highlighted In green, at 3800 S. Windermere
Street
c) No other Tavern Uquor Ucenses are currently l ocated within the
neighborhood boundari es.
Applicant Exhibits
a) none
Protesters Exhibits
a) none
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Chairman Lunders asked If there was anyone here to speak on behdlf or this application.
Frederick C. Whitehurst was sworn In by Deputy City Clerk Bush. He said flrst of all, I want to
thank you guys tor your time. You do a great Job and we all appreciate It. Council 3340, Knights
of Columbus, has been In this facility since 1970 under a club license. In order to facilitate some
revenue In, In order to do this ... rent the fa clllty, It Is easier for us to comp1y with the laws of the
state to apply for a tavern license, so that's why we have done It. We have applied so that It
w~Jld be easier for us to comply with state laws, liquor laws, and to rent the facility so that we •
have revenue coming In from the rentals. For that reason, we are applying for a tavern license.
Englewood Liq-t,c,,ns,ng Authonly
Decemberl9,2007
Page 2 or 14
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Cha irman Lunders ;,sked If you had people that you wished to present? Mr. Whitehurst said not ,f we don't have to. Chairman Lunders said okay. Mr. Wh itehurst sa id we are all members of the Council (pointing to some members In the audience). It Is tucked aw3y In an area that does'l't ... nothlng has changed In the way we do business; we are Just changing the type of license. Everythi ng else Is stayi ng the same.
Chairman Lunde rs said okay.
Charles Connor was sworn In. He said I Just want to comment about what Fred said. The
Arapahoe Home Associ ation Is an adjunct of the Knights of Columbus organization. We are a
charitable organization. Previ ously, we had plenty of Income coming in from the bingo situation.
We were doing very well ""Ith that. But since everything that has been going on up In the
mountains, we"ve been chased out of the bingo and we're really straining for charitable money to
distribute to our charities. To do that, at the present time, we find that renting our hall under our
supervision will bring I n some money to help alleviate that. That's why we are asking for the
tavern license because the club license restricts the number of events we could have. Thank you.
Chairman Lunders asked the Deputy City Clerk If everything was In order.
Deputy City Clerk Bush replied that everything Is In order. They submitted all of the documents
In a timely manner, were very easy to work with and we did not receive any complaints, protests
or opposition regarding this hearing or th:~ applicati on .
Chairman Lunders said we ha,e two new members on the Authority : Mr. Reid and Mr. Buchanan.
I am goi ng to ask If anyone has any questions for this applicant? Dan, do you have anything?
Member Jensen asked what are your hours?
Mr. Whitehurst said we have the hall available for rental pretty much seven days a week,
cxcr•1dlng times when our Council uses It as a private function. We don't have any per se tavern
hours. It's baslcally ... our Council meeti ngs are the nrst and t hird Tuesdays and we are always
there then. But as we rent It, that's going to be• avallable. Weekends primarily. Friday, Saturday
and Sunday, mostly Saturdays.
Chairman l!•nders asked Robyn If she had anything.
Member VanDerLeest said yes, I have a couple of questions. When you allude to what's going on
In the mountains, I want to be dear, are we talking about Black Hawk or Central City?
Mr. Whitehurst said yes.
Member VanOerleest asked do you already have an Increased number of events scheduled In
anticipation or receiving this license?
Mr. Whitehurst replied yes. We have put a pretty good effort Into renting the hall to bring In
some funds. I m i ght add that the monies go back to the charities; we don't keep anything for
ourselves. So It will go Into Englewood and Littleton charities. We are a non-profit .
Chai rman Lunders asked If Mr. Buchanan had any questions.
fn9lowood UqUO< LlcenW19 Authonty
Oe<omber 19 , 2007
Page 3 of 14
Member Buchanan asked ,f members of your organization w,11 operate the racihty when It is rented out or will the groups be bringing In their own catering staff to serve the hquor? Mr . Wt1ltehurst replied that we do It ail. Sometimes the groups will bring In the caterers when the hail Is rented out. The hall Is basically rented out, We have members of our own Council as bartenders. We do provide security, armed security, when the hall ls rented out. There are times when church groups rent It when we don't have armed security. Cha irman Lunders asked If they will be operating the license, the liquor distribution, within the club. When you rent it out, there may be other people doing the food but all or the alcohol will be
done by ...
Mt. Whitehurst said yes, the Arapahoe Home Association will be serving ail of the liquor.
Chairman Lunders sai d good. I was curious about that too. Mr. Reid, do you have anything?
Member Rei d said I was wondering about what sort of advertising you are going to do? Were you
going to do anything with the Internet or Is this Just pretty much organizations flnd you and then
they ....
Mr. Wh itehurst replied yes sir. We advertise In church bulletins and throughout Englewood.
Other than that, t hat's all we do.
Member Reid said advertis ing can break your budget. Understood, Okay,
Member VanDerleest asked who provides the armed security' Do you contract with the police •
department or do you have a private flrm?
Mr. Whitehurst answered we cont ract out to Dennis Brenn ing.
Mr. conner sa id Dennis Brenning is a retired pohce officer from Denver. He does an excellent Job
and a good job for us. He's smart.
Member VanDerLeest said thank you.
Chairman Lunders asked if the Assistant City Attorney had any questions for t his applicant and he
did not. He then asked If anyone In the audience had any questions regarding this application.
There were none. Chairman Lunders asked It there was anyone In opposition to this license and If
they would like to come forward and speak. There was no one. He sa id the chair would accept a
motion to retire Into executive session ror consideration on this application.
MEMBER VANOERLEEST MOVED, ANO MEMBER REIO SECONDED, TO RETIRE INTO
EXECUTIV E SESSION TO CONSIDER AN APPUCATION FOR A TAVERN LIQUOR UCENSE
FOR ARAPAHOE HOME ASSOCIATIO N, 3 8 0 0 S. WINDERMERE STREET., ENGLEWOOD, CO
80110.
Vote Results:
Ayes: Members Buchanan, Jensen, Lunders, R!.'1, VanDerLeest
Nays: None
The motion carried and t h! meeting was adjourned at 7:26 p.m. to go Into executive session .
The meeting reconvened at 7:32 p.m.
EnQlewood Liquor Llcenslr.g Authority
Occember 19, 2007
Page• of 14
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• Roll Call Present: Members Buchanan, Jensen, Lunders, Reid, VanDerLeest Absent: None Also Present: Assistant Ci ty Attorney Comer Deputy City Clerk Bush City Clerk Ellis Finance and Admini strative Services Director Gryglewlcz Police Commander Watson, Safety Services Chairman Lunders stated that there were technical dl fflculUes with the electroni c recording
equipment so the Authority discussed procedures with the new members or the Authority and
how the Authority operates. Since there wasn't proper recording equipment working, we could
not have an executive session. Not hing regarding the hearing or license was discussed during
this time.
MEMBER VANDERLEEST MOVED, AND MEM BER JENSEN SECONDED, TO APPROVE THE
APPUCATION CHANGING THE UQUOR UCt;NSE FROM A CLUB UCENSE TO A TA VERN
UQUOR UCENSE FOR ARAPAHOE HOME ASSOCI,'\TION, 3800 S, WINDERMERE STREET,
ENGLEWOOD, CO 80110,
Chairman Lunders asked If thP.re was any further discussion. There was none.
Vote Resu lts:
Ayes: Members Buchanan, Jensen, Lunders, Reid, VanDerleest
Nays: None
• The motion carried and the applicatlon was approved.
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Voting reasons were given by each member of the Authority.
Member VanDerleest said I think you were able to show a needs and desires to change from a
dut, license to a tavern license. You have a plan :o go forward wi th that action. Good Luck.
Member Jensen said there's no opposlUon for your license to be changed. He said I think you
have a good performance record over the years. I don't think you'll have any Impact on the
neighborhood, and that's why I'm approving your license.
Member Reid said everything In the packet here displayed to me that It meets the qualifications
for such a license and that's why I approve It.
Member Buchanan said I Just reiterate what the other members have stated already. You have
shown the needs and desires for the comlT'unlty.
Chairperson Lunders said and I, as Chai rman, also concur with the other members and their
reasons. Al this time we will close the public hearing a nd there will no further dlscusslM with any
of the members with the Authority regarding this application or license from this point.
MEMBER VANDERLEEST MOVED, AND MEMBER JENSEN SECONDED, TO CLOSE THE
PUBUC HEARING FOR ARAPAHO E HOME ASSOCIATION, 3 800 S. WINDERMERE STREET,
ENGLEWOOD, CO 80110.
Vote Resu lts:
Ayes: Members Ouchan an , Jensen , Lunders, Reid, VanDerLeest
Nays: None
The motion carried and the public hearing was closed.
Englowood Uquor licensing Aulho<oty
December 19, 2007
Page Sol 14
Chairman Lu nders sa id congratulations, and good luck. Both Mr. Whitehurst and Mr, Connor said thank you. 4 . Renewal s a)
b)
Fralernal Order of Eagles 3780·90 s. Jason St.
Los Portales Mexican Restaurant
3487 S. Logan St.
Club Liquor Ucense Expires December 31, 2007
Hotel/Restaurant Liquor License
Expires January 22, 2008
Chairman Lunders asked If th.?re was any discussion? There was none.
MEMBER VANOERLEEST MOVED, ANO MEMBER REIO SECONDED, TO APPROVE THE
RENEWAL FOR FRATERNAL ORDER OF EAGLES ANO FOR LOS PORTALES MEXICAN
RESTAURANT.
Vote Results:
Ayes: Members Buchanan, Jensen, Lunders, Reid, VanDerLeest
Nays: None
The motion carried and the renewals were approved.
s. Special Event Permit
a) Museum or Outdoor Arts
1000 Englewood Parkway
for an event to be held on April 4, 2008 from 4:00 p.m. -9:00 p.m.
(This Is replacing an event that was scheduled on March 7, 2008.)
Chairman Lunders asked If there was any discussion? There was none.
MEMBER VENOERLEEST MOVED, ANO MEMBER BUCHANAN SECONDED, TO APPROVE THE
SPECIAL EVENTS PERMIT FOR T H E MUSEUM OF OUTDOOR ARTS.
Vote Results:
Ayes: Members Buchanan, Jensen, Lunders, Reid, VanOerleest
Nays: None
The special event permit was approved pending the ten-day posting of the property and with the
public hearing date of January 2, 2008, which will be vacat ed If no written protests to the
Issuance of the permit are received by the City Clerk, during the ten-day posting. Neighborhood
boundaries are set at of Yale Avenue to the north, Oxford Avenue to the south, Broadway Street
to the east and Santa Fe Drive to the west.
6. Change or Corporate Structure
a) Fraternal Order of Eagles
Club Liquor License
Change of officers
3780·90 S. Jason St.
Chairman Lunders asked If there was any discussion? There was none.
Englewood UQ-IJCens,ng Authon\y
Dtcembor 19, 2007
Page6oll4
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MEMBER JENSEN MOVED, AND MEMBER V ANDERLEEST SECONDED, TO APPROVE THE CHANGE OF CORPORATE STRUCTURE FO R THE FRATERNAL O RDER OF EAGLES. Vote results: Ayes: Members Buchanan, Jensen, Luno ers, Reid, VanDerleest Nays : None The motion carried and the Change of Corporate Structure was approved. 7 . Modification of Premises a) The Falcon
3295 S. Broadway
Chairman Lunders asked If there was any discussion?
Member VanDerleest said I have a question. I was looking at both maps and I can't tell where
the seating Is on the new one.
The owner of The Falcon, Steve Schalk, was present In the audience. He came up to the podium
and poi nted out, for the Authority, where the seating would be. All members were satisfied with
his explanation. lie told them that the seating will be mobile and that It will be tables and chairs.
Chairman Lunders asked If there was any other discussion? The re was none.
MEMBER VANDERLEEST MOVED, AND MEMBER JENSEN SECONDED, TO APPROVE THE
MODIFICATION OF PREMISES FOR THE FALCON .
Vote results:
Ayes: Members Buchanan, Jensen, Lunders, Reid, VanDerleest
Nays : None
The motion carried and the Modification of Prem ises was approved.
8. Citizens' Forum
a) Police Commander Sam Watson gave the Deputy City Clerk copies or
handouts for the Authority. Both were titled "Englewood Police Department, Call for Service
Report -3262 S. Broadway, January l, 2007 to November S, 2007 .• Police Commander Watson
said good evening. My name Is Sam Watson and I am a commander of the police division. The
reason I'm here Is to talk about The Gothic Theatre. I've handed out two separate documents.
The reason I'm here Is we, the police divisi on and the team lead, review reports In areas of high
call service, high crime areas, high calls for service. We look at those and try t o come up with a
plan to reduce the seriousness of the calls, the number of calls. The two reports that I have; one
Is a single page report that shows from January of this year t o November S of this year, the total
calls to that location when It Is broken down Into generic categories. The second handout that
I 've given out Is allttle bit more detailed of those same calls; ba sically, some Information on the
dates and times, the Incident, and a brief summary. The numbers you see, the CFS number and
the DR number, are Internal numbers that relate to the reports that are generated by the police
division. In the revi ew or these reports, we show 108 calls to the location. 16 of these calls are
directly related to alcohol. I have actually pulled these reports. They are quite cumbersome to
read but I have the reports themselves and a brief summary If anyone would like them. There
are some additional calls that are medical related calls that most likely are alcohol related but
because of HIPAA rules, we're not allowed to ... we don't even have access ... the police doesn't even
have access to that type of Information, so there might be some more through the fire division;
ambulance type ca lls where people are sent there. The reason I'm here Is that I wa ~t to make
everybody aware of these cal ls. I 'm not sure ... thls Is my first appearance In front of the Liquor
Authority. I'm not sure If there Is any consequences, If there Is any sanctions, that you ... lf you
have any more questlons ... lf you need anything more from tt.e police division as far as
Eng'ewood liquor llcens,ng Authonly
Oecenlberl9,2007
Paoe 7 or 14
inrormatlon on these calls .. .lf you're Interested 111 that. I'm not sure. I 'm Just here to answer any questions and to bring this rorward. We have met w i th the management of The Gothic, although ! would not say on a regular basis but a periodic basis and reviewed these. In my opinion, a lot or the Issues and concerns continue. Our police ofncers go there on a regular basis. Quite a rew of the calls are alcohol related. We'·,e had damaged property, police cars being damaged from thrown rocks and bottles. We've had officers I njured during fights. Foot chases. OUl's. DUI accidents. All rela ted to The Gothic. And again, our approach from the police division Is a multi· tiered approach. The problem, again, Is meeting with the management. The other one Is to present this Information to the Authority. So, I 'm here to answer any questions or provide any more Information If anyone reels It Is appropriate or I can come back at another time and answer
questions.
Member VanDerleest said I have a couple of questions. I'd like to loo~ at the reports that are
alcohol related. Will you get me a copy? Also, do you think that there i s a possibility that they
are over serving? Is there a violation of over servi ng or serving Juvenlles7 Those are areas that
we can sanction.
Police Commander Watson replied there are some juveniles Involved In the reports. What I've
asked the pollce ofncers to do, those that work swing shift and graveyPrJs, Is to try to take more
of an act ive approach during their Investigation of these calls to dettrmlne where the people were
drinki ng, It's one thing, I know, to say that people are contact ed outside or Inside of the
establishment and they are Intoxicated. It's another threshold to show that they were actually
served Inside the establishment so I've asked the police officers to take a more active approach In
questioning the people that they are contacting. Some of them are pretty Intoxicated yet I think
It's reasonable to ask that question. So that's the next approach. I'm not sure If that answers
your question.
Member VanDerleest said It does. She asked what do you propose wculd help this situation?
Police Commander Watson sai d I 'm not sure. I 'm r ot sure. My goal Is to worlc through this
problem using as many resources as possible: the police department, the owners or the
establishment, the m anagement of the establishment. The community Is Impacted. The
surrounding businesses are Impacted. There are parking issues and you can use ... draw as many
of those people to into the problem solving as we can.
Member VanDerleest asked on any given night, how much of the police resources does this tie
up, do you estimate?
Police Commander Watson said It's situational depending upon the type or call. There was ... the
most recent Incident that I have In the report .• lt took every police officer In Englewood. We had
Denver police officers, quite a contingent from Denver. We had Sheridan and we had Arapahoe
County officers.
Member VanOerleest asked If that was this year, 2007, or was It In 20067
Police Commander Watson s~ld they had deputies with their canine units with them. He said
that was Just a month or so ago ... Halloween night, October 31st. Fairly recent. Actually, I had an
omcer Injured at that Incident.
Member VanDerleest asked If It was serious? Is he okay?
Police Commander Watson said yes, he's back on duty.
Englewood Llqu0< Lk:ens,ng AuthOrlty
December 19, 2007
Page 8 ol 14
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Chairman Lunders asked If there had been any tickets or summons issued by the Englewood Police Department to The Goth,c Theatre or Its employees for any liquor violations? Police Commander Watson said no sir. Not In the review of the reports from 2007. There have been tickets Issued and enforcement action taken to patrons of the bar or the establishment, people outside but nothing to the management or to the establishment Itself. Chairman Lunders said correct me If I'm wrong but the Authority would hear and have hearings relative to any violations of the application or the liquor license at that location. It sounds like there ls the posslblllty or some disturbances and nuisances and what all, but I don't think It ~omes under the Jurisdiction of this Authority. I'd like to get some advice from the legal authonty here.
Assistant City Attorney Comer said the Authority should be aware that there Is a problem but Ir
there are no liquor law violations, It really doesn't have the power to enforce ...
Chairman Lunders said we have no Jurisdiction If the re are not any liquor violations. It sounds
like there may be some problems.
Police Commander Watson said I'm not sure what the scope of the Authority Is, when It relates to
people that are inside the establishment that are Intoxicated and then leave the establishment
and cause problems. There are reports that show that people who were Intoxicated to the point
that they were kicked out by security from In side the establishment and then cam e outside and
created problems. DUl's, chases when they are driving fast down the street, fights, medical
related calls when an ambulance had to be calied ... taken t o the hospital because they are
intoxicated, officers taking them to detox, so I'm not sure. That's one of the reasons that I'm
here Is to seek help and to se e If the scope of your Authority, If there may be Jurisdiction In these
areas, then I'm looking for that type of help. If It Is not, then our next step Is to try to tie In the
alcohol vlolatlons more closely related to being served Inside the establishment and make that
connection.
Chairman Lunders said but you think, If I understand this correctly and the Assistant City
Attorney can correct me If I'm wrong, If the establishment and their employees have cut someone
off and the security or whoever has cut them off from consuming alcohol or Is Intoxicated and put
them ou t of the building, then I believe tha t the owner of the license Is operating correctly by
cutting off the Intoxicated person. Now that person gets outside and becomes a problem, the
owner acted correctly by cutting them off and having them leave the establishment. I don't know
where the line Is on something like this.
Assistant City Attorney Comer said well, If It can be shown that they are serving Intoxicated
persons that could possibly be a violation of the liquor license. If It can be proven that the person
serving served an Intoxicated person, they knew that that person was Intoxicated, thP.n that could
poss ibly be a violation of the liquor license. I f t hey are serving someone under age, obvi~usly
that's a vlolatlon of the liquor license. Those things can be brought to the llquur Authority. But
the Chairman was correct If someone Is Intoxicated, the personnel at the venue decides that that
person cannot be served any more alcohol, they can cut them off at that point. They've done
what they are supposed to do under the liquor license. If that person then creates a disturbance
Inside the venue, then they can also be removed from there. Once they are outside,
unfortunately, the liquor licensee really has no ... they are done. That's part of the liquor license.
It's part of the statute, under the Colorado Statute.
Police Commander Watson said so what I'm hearing you say then sir Is that t here Is no
responsibility from some body that's been removed because of Intoxication from Inside the
establishment, moved outside the establlshment. .. there's no responsibilit y for them to call the
police, to call the ...
Englewood liquor Ltccns1ng Author!t'f
December 19, 2007
Page 9 ol 14
Ass istant City Attorney Comer said t h at's entirely up to the l icensee, If they w,sh to call the pohce. Police Commander Watson continued saying call the medical services or call for a sober person to give a ride to get the person home. The Authority, from what I'm hearing you say, from your Liquor Licensing Authority, Is ended at the poi nt from when they removed them from the bar. Assi stant City Attorney sa id that's correct. Police Commander Watson said okay,
Chairman Lunders said it becomes a sticky thing, and I use a history thing relative to the City of
Englewood. At one time there was a place called Paddy Boots, up on Broadway. And one night,
the police department was called and they round a dead lady 1n the dumpster. I 'm not trying to
be callous or anything, but Just because you have a dead lady In a dumpster Is not a liquor
vi olation. So t his Aut hority, I mean we can hear It, b ut we have no Jurisdiction If It Is not alcoho l
re lated. It has to do with Intoxication and serving and such as that. I mea n It is tragic that t he
lady died and was in a dumpster but it is a sticky thing. Where do we become Involved as the
Liquor Authority? We need you to site someone, observe someone serving someone
lntoxicated ... when that happens, then bring them before the Authority.
Ass istant City Attorney Comer sa id then we coul d do a Show Cause.
Chairman Lunders said we could have a Show Cause Hearing. But it needs to be a liquor violation
before we can become Involved.
Police Commander Watson said I see what you're saying: It is alcohol Involved but It Is not a •
liquor violation. What we are l ooking for Is a more active Invol vement from the management In
helping us before It creates a bigger problem, by actually calling us when they kick people out, by
havi ng the proper staffing because they do serve alcohol...havlng the proper staffing on hand that
can help manage the crowd. They can keep people off of Broadway so we don't have to dose
down Broadway because so many people are outside that they are a danger to themselves. They
could work the crowd right outside of the establishment when It closes down so If people are
Intoxicated or the crowds are out of hand, we can actively be part of the solution Instead of being
an establishment tha, has a problem. A lot of lt .. some of It is because of alcohol. And then when
the problem Is created, Just push It out on the street and then say It's your job, a police Job, now
flx the problem, which I find frustrating with the resources that we have In the police d ivision. A
lot of nights we may have four officers worklng .•. maybe five on a good night or six, and all of
them are tied up, and all of them are tied up on a reg ular basis and we neglect what's going on In
U·•, 01t1er parts of the City. We have 30,000 other people that live In the City and ot her
busir~sses that need to be served but we can't. We have officers that are clearing olher types of
calls serious calls, domestics and other fights, and they have to go and respond to this area on a
regul ar basis. It Just hasn't been once but on a regular basis. So I know_.understand what you
Jre saying and we are looking for more active pa,-tlclpation from the management, from the
ov,ne,s, to help us solve the problem. And I know, I know, and these reports reflect that, and
tha:'s why I come to the Board ... lo the Authority is because alcohol plays a part In It. And I do
understand what you are saying and we'll continue to work. We'll call meetings with the owners.
We'll do everything that I 've mentioned before as far as tying the drinking Into the bar Itself. The
officers can do a better Job documenting that. We'll continue to do all that.
Member VanDerLeest said at this point Commander, It hasn't risen to a level that we can apply
sanctions. I like that this has sparked dialogue and I think that the owner Is definitely i nterested •
In helpi ng to gain community support. I am also definitely interested in getting the Englewood
Police Department allttle bi t more aggressi ve In enforcing liquor laws across the CJty, not Just
Englewood Uquor 1Jcen51ng ...,lhonty
Oecombtor 19, 2007
Page 10 of 14
necessarily at The Gothic. And so, If you don't m ln1 sticking around ~rter the meeting, I would like to discuss that with you and possibly l ook al how we can get this to a level where It needs to be, so that we can sanction If sanctions are needed. However, I do encourage that there Is a dialogue, definite communication, so that we don't have to go that far. Chairman Lunders said I have a question for the Ass istant City Attorney. Under the State Statutes thM regulate the operations of the establishment serving alcohol, If that establishment during the process of serving alcohol, creates a public nuisance, Is there anything In the statutes that can Involve the status of the llcer,se?
Assistant City Attorney Comer ..aid I understand b ut I would have to research It.
Chairman Lunders said If It Is t~at the operator of the license Is, as he said, putting people out on
the street, creating a public nuisance, Is It covered under the State's Liquor Statutes?
Assistant City Attorney Comer said I would have to look It up. I don't have the Information at my
nngertlps.
Chairman Lunders said so I don't know i f we have any junsdiction or not. Dugan can figure It out
and possibly get back to you.
Member Jensen said, Mr, Chairman, l think that there Is some language that addresses habitual
drinkers and It Is against the law to serve a habitual drinker.
Cha irman Lunders said but then where does It say we have to ...
• Member V anDerLeest said that person already has to be Identified as a habitual drinker, under
the statute.
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Member Jensen said I know the City of Englewood and maybe they still do this, would send
somebody from your department In to talk to the store or bar and talk to the all of the employees
and go over wi th them what a visibly Intoxicated person Is and how to address different problems
that you might run Into, and I believe that they still do It.
Member VanDerLeest asked If they were required to have that training and was Informed that It Is
not required but highly recommended.
Commander Watson said we would be happy to do It. He said have In the past but I couldn't tell
you If we've done that at The Gothic. We've done It In the past ror other partles.
Chairman lunders said It seP•r $tome, from what you have said, that the operators of the
establishments, are cutting off the patrons and putting them on the street, so to speak.
Commander Wat so n said t hat Is one sce nario. I'm not saying that happens but t hat has been a
scenario.
Chairman Lunders sa id like Dugan says, technically, tr that's what the operator Is doing, they are
complying with the statute. I don't know what the answer Is and perhaps If the establishment Is
causing a public nuisance, then I don't know If we can be Involved or If we can't. Do you
understand what I 'm saying? That Is something that has to be determined through the statute,
not what we think or don't t hink. We don't operate that way. We can only operate by what the
rule book says, what the statute says.
EnglewOOd quo, UtenSlng Aulhonty
o«eml>er t 9, 2007
Pag• 11 al I~
Commander Watson said I understand that. Again, Just to backtrack, my reason for coming here was to present this to you and see If It falls Inside the scope of your authority and If It did, then the next question would be Is If there Is anything that you can do to help. So I appreciate this. Chairman Lunders said we appreciate you getting us up lo speed on what, eventually, possibly, a problem th3t may be gc,ing on there. It may take awhile, but Dugan can find out where we stand and what we can do or can't do. Need less to say we have to operate by the law. Member VanDerleest asked do you have time lo wait Commander? If not, then I can give you a call.
Commander Watson said yes. That's fine. Thank you.
Chairman Lunders asked If anybody else have anything to say regarding this?
Steve Schalk, owner of The Gothic, said we have had a liquor license, there at The Gothic, since
1999 and we've had a close relationship with the police department and the fire department. I
don't feel as If we've had a very dose relationship In the last couple or years, quite honestly.
These matters have not been brought to our ilttention. I even contacted Jeff Sanchez a couple of
months ago regarding the level of communication and such. Kerry called me and let me know
that we were on the agenda. I wanted to come down and find out wha t was happening. I'm
Interested In having t h ose meetings and I wish we would have had a meeting before this one. I
don't know what the paperwork Is or what i t isn't. I do know what happened on Halloween and It
was a bad situation. So I would llke to have those meetings. I 'm al ways available. Kent Shelton,
my manager, Is available. Greg Zaransky, another manager, Is available, My door and my phone
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are always open and you can please contact us and let's have a meeting. I mean, you said that •
you've had meetings with us and I don't know you. I know most of the people over at
E ,glewood. I don't know. I'd like to have these meetings and see what It Is that's happening and
t;y to address these issues.
Chairman lunders said let me say this. At the present time, we are becoming aware of a possible
problem. I don't believe the Liquor Authority Is or can be involved unless there Is something In
the statute that tells us we can. I would suggest, and this Is my personal suggestion, nothing to
do with the Authority, It might be a great Idea If you folks from the establishment and the folks
from the Englewood Police Department be able to get together and have a meeting, sit down and
possibly work out some of the problems that may be out there. I can't order ti.at but I am
suggesting It. The way lire works sometimes Is that It Is much better to cure a problem before It
grows Into a mad dog.
Mr. Schalk said I couldn't agree with you more.
Chairman Lunders said thanks for coming.
Mr. Schalk said absolutely.
Chairman Lunders said does anyone on the Authority have anything to discuss relative t o this?
Member Reid said from what we've discussed here, we don't have the ablllty to set llmlts on
what's going on and they're not In violation so I think at this point, It Is not at Issue by State
Statute. So unless the Assistant City Attorney Onds something different, I think our session with
this particular Item number Is absolved. Is that the correct way to put It?
Chairman Lunders said I think then we'll put an end to this particular Item and Dugan can
research It a nd possibly get with the Po l ice Department and the operators of the licensing
Engle,¥oc,,1 UQuo, licens,ng Authonly
December 19, 2007
Page 12ol 14
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estabhshment. If there ,s something that onvolves us, I 'm sure we'll be more than happy lo let everybody know. 9 . Clerk's Choice a) Deputy Clerk Bush pol ,,ted out a change that has been added to the Special Events Questionnaire regardl,1g the required ~iplanatlon for the locat ion or an event, not In an already licensed establishment and thus the ncod for a Special Event Permit. This Is regarding C.R.S.§12·48·103(2)(a) [Colorado revised Statutes]. She informed the Authority that this had been discussed w ith Assistant City Attorney Comer and that the questionnaire was a good place
to place the question. This Is was for the Authori ty's Information only.
b) Rates Increase
Deputy City Clerk Bush said this has to do with rate Increases. Senate BIii 0'/· 149, which went
Into effect on August 1, 2007, Increases the fees for certain applications, transfers, renewals and
speci al events permits. She said we are one of the very few munlclpalltles that nave not yet
Increased our fees to match the allotted amounts. What I am looking for from you ts a
recommendation that this proceed to City Council for approval or all of the rDtP. Increases.
Chijii'man Lunders asked Ir there was any d iscussion?
Member Buchanan asked if we are recommending the rate Increase or If we are recommending
that Cou ncil consider raising the rates?
Deputy Clerk Bush answered that the Authority would be recommending that the Council consider
and approve Increasing the rees for the new applications, transfers, renewals and special event
permits according to the amounts stated In Senate BIii 07-149.
MEMBER JENSEN MOVED, AND MEMBER VANDERLEEST SECONDED, TO RECOMMEND l ••e
RATES INCREASE BE PRESENTED TO THE CITY COUNCIL FOR THEIR CONSIDERATION .
Vote results:
Ayes: Members Buchanan, Jensen, Lunders, VanDerleest
Nays: Member Reid
The motion carried and the recommend.itlon will be presented to the City Council.
c) Distance Change
Deputy City Clerk Bush sa id this last thing Is a distance change that I would like you to
recommend to City Council so that all liquor licenses have to comply with the five hundred foot
distance requirement that currently only malt, vinous or spirituous liquors must comply with.
Thi s recommendati on would Include having fermented malt beverages and/or malt liquors now
comply with the same nve hundred foot d istance requirement. I am looking for consistency for all
liquor licenses. The distance requirement Is for any premises located within nve hundred feet of
any public or pa rochial school or the principal campus o f any college, university or seminary. The
measurement of the distance will not change. Those who currently have a fermented malt
beverages and/or malt liquors will be grandfatnered and this will only effect new applications or
transfers.
MEMBER JENSEN MOVED, AND MEMBER REID SECONDED, TO RECOM MEND THAT THE
500' DISTANCE REQUIREMENT BE APPLIED TO ALL LIQUOR LICENSES BE PRESENTED
TO THE CITY COUNCIL FOR THEIR CONSIDERATION,
Englewood Uquor licenslll(l Aulhonly
December 19, 2007
Pl!lle 13 ol H
Vote results: Ayes: M~mbers Buchanan, Jensen, Lunders, Reid, VanCerleest Nays: Noroe The motion carried and the recommendation will be presented to the City Council. 10, Co unsel 's Choice The Assistant City Attorney did not have any matters to bong before the Authority. 11. Author ity Member's Choice
There were no Items brought forward.
12. Adjournment
The meeting was adjourned at 8: 14 p.m.
Deputy City Cl erk
Englewood Uquor Llconslng Authority
Dece"1bor 19, 2007
Poge 140114
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ORDINANCE NO. SERIES OF ~008 HY \llTHORITY A BILL FOR COUNCO.. BILL NO. 14 INTRODUCED BY COUNCIL MEMBER ____ _ AN ORDINANCE AMENDING TITLE .5, CHAPTER JA, SECTION 6, OF rnE
ENGLEWOOD MUNJCIPAL CODE 2000, BY THE ADDITION OF A NEW
SUBSECTION D. WHICH PERTAINS TO DISTANCES FOR LIQUOR LICENSES.
WHEREAS. !he S101e currently requires lhe dis1ancc bc1ween re1nilers of mnh. vinous or
spiri1uous liquor and any public or p.irochial schO<ll or 1hc principal campus of any college.
univcrsi1y or scm1oary 10 be 500 feel bu1 1berc is . 'I distance rcquircmtnl for n:1a1lcrs of
fenncmed mah beverages o.nd1or mah liquors: and
WHEREAS. 1hc Cily Council of 1hc Ci1y of Englewood. Colorado wishes 10 have
consislcnt dis1ancc rcquimncn1 for all 1)-pcs of hquor licenses from any pubhc or parochial
school or 1he principal c-0mpus of any college. univcrsily or seminary
WHEREAS. 1hc Englewood Liqucr Licensing Au1hori1y recommended
appm,al of1his amcndmcnl a1 i!S Dttcmber 19, 2007 mce1ing:
WHEREAS. 1his disrnncing requircmem will affcc1 only new liccn.sc applica1ions for all
liquor licenses. Es1ablishmcn1S wi1h cx1s1ing licenses would be grandfathered and would be
allowed lo remain in !heir currenl loca1ion;
NOW. THEREFORE. BE rr ORDAINED BY THE crrv COUNCIi. OFTIIE CITY OF
ENGLEWOOD, COLORADO. AS FOLLOWS:
~-The Ci1y Council of 1he Ci1y of Englewood, Colorado hereby aulhorius
amending T11lc S, Chnpll'I" 3A Section 6. "Da.1sion Rendered: New Applica1ions", of1hc
Englewood Municipal Code 2000, hy 1hc addiuon of a new Subsection D. 10 rend as follows:
S-JA-6: Decision Rendered; Ne"' Applic.tions.
A. Followini; !he puhlic hearing on new opplica1ions, !he nu1horny shall render i1s
decision no la1er 1hnn 1hiny (30) days 1hercartcr. pm,·idtd, however. 1ha1 1he
au1hon1y may conhnuc the hcanng from lime 10 lime as may be required lo gather
nc-ccssary foc1s and evidence nnd 10 penml wnnesses 10 testify, and lhc lime
limi1cd herein shall run from 'he dale of conclusion of 1hc hearing. as con1inucd.
B. Before cmcring any decision approving or denying 1he applicn11on. 1he Local
Licensing Au1hori1y shall consi der !he focts and evidence adduced as a rcsuh of i1s
invcs1iga1ion, as well as any other faclS. the desires of lhc inhab11an1s of !he
neighborhood. lhc reasonable roiuircmen1s of the neighborhood for 1hc 1ype of
license for which application hns heen mnde, 1hc number, 1ype nnd avmlnbilily of
liquor ou1lc1s localed in or near 1hc neighhorhood under considcra1ion, and any
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olhc r pcnincnl mnners alfoc1ing the qual ilicauons C>f the app li cmll for 1hc conducl of the lype of business pr oposed . C. n,e City Clerk shall send a 11,Ti11en copy of1he decision of1he au1hori1y and 1hc re aso ns 1herefor by cenified mail 10 the applicam at the addre ss shown on the application, and lo any other pany in in1eres1 upon reques1. Q. Restricijo ns for App!jcn1jons for New License 1 No anolisPtinn for the issuance ofanv license shall be received or asted.ulK!ll:.
a. If tbs building in which !he fermented mah be vere &es· mnJtliauoa~
malt viuGus or snirituaus liauor is to be sold is located within five
hundred (,;et of any publjc or oa roc hja)school 0c the princionl camg11s.llf
w college univcrsi\v or seminary
The disl?oces referred to in the above oaragraoh arc to be comouted bv
direc1 measuceroent from 1bc nearest Proocrtv line of the land used for
~ool Pumoses to 1be nearsst MO ion of the huildine in which liouor is
10 be sold using a route of direct oedcstrian access
Section 2. Safely Clauses. The City Council hereby finds , dclcnnines, and declares
1ha1 this Ordinance is promulgated under 1he general police power of1he City of
Eng lewood , that it is promulgated for the health , safely. and welfare of1he publi c, and
1ha1 this Ordinance is necessary for 1he preservation ofheahh and safety and for 1he
protection of public convenience and welfare. The City Co.incil funher determ ines that
lhe Ordinance bears a ralional relation 10 the proper legi sla1ive objecl sough! to be
obtained .
~. Severabili1y. If any clause, se111ence, paragraph, or pan of this Ordinance
or the applica1 ion thereof to any person or circumstances shall for any reason be
adjudged by a coun of compclem jurisdiction invalid, such judgmenl shall no•, affect.
impair or invalidate the remainder of this Ordinance or ii app li cation 10 other persons or
circumstances.
Section 4. Inconsistent Ordinances . All 01her Ordinances or ponions th ereof
inconsistent or conflicting wit h this Ordinance or any ponion hereof are hereby repealed
10 1he ex1en1 of such inconsistency or conOicl.
Sec1ion_2 Effect of repeal or modifica1ion . The repeal or modifica1ion of any
provision o the Code of the Cily of Englewood by this Ordinance shall nol release,
ex1inb'lli sh, alter, modify, or change in whole or in pan any penalty. forfe iture , or
liabili ty. either civil 01 criminal. which shnll have been incurred under such provi sion.
and each provision shall be 1rca1ed and held as st ill rem aining in force for th e purposes
of sustaining any and u:I pro per actions, suils. proceedings , and prosecutions for lhc
enforeemenl of the pen illy, forfeiture , or li abili 1y. as well as for 1he purpose of
sustai ni ng any judgmen , decree , or orde r which can or may be rend ered, entered , or
made in such ncl ions, suits , proces-dmgs. or prosc-culions.
Scc1jon 6, ~ The Pcnalry Provision of Section 1-4-1 EMC shall apply 10 each
nnd every vio lat ion oflhis Ordina nce .
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Introduced. rClld in full. and pos><d en lirs1 reading on 1he 19th day offebruruy.1008 Pubhshed as a 81II for on Ordinance on the 22nd day of Februal'). !008. ATTEST: James K. Woodward. Mayor
Loucnshia A. Ellis. City Clerk
I, Loucrishia A. Ellis, Cit) Clerk of the Ci1y of Englewood. Colomdo, hereby cenify 1ha1
1hc above and foregoing is a true copl of a Bill for an Ordinance. in:roduccd. read in full.
and passed on firs1 reading on 1he I 9 day offebruary, 2008.
Loucrishia A. t:iiis·
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ORDINANCE NO. SERIES OF 2008 UY Al "TIIORm' COUNCIL BILL :-10 -I INTRODUCl,O BY ("OUNC'IL MEMBER OAKLEY AN ORDINANCE AUTHORlZING ENTERING AN lNTERGOVERNMENT AL AGREEMENT BETWEEN TH E SOUTH ARAPAHOE SANITATION DISTRICT,
SOUTMGATE SANITATION DISTRICT, SOUTH ENGLEWOOD SANITATION DISTRICT,
AN1) THE CITY OF ENGLEWOOD PERTAINING TO REIMBURSEMENT OF OV ER
CH.\RGED SANITATION FEES BY SOUTH ARAPAHOE SANITATION DISTRICT TO
Tii>: SOUT HOA TE SANITATION DISTRICT CUSTOMERS.
WHEREAS . 1he Ci1y of Englewood U1il11ic~ Dcpnnmenl has connec1or ngrccmcn1s wi1h 1hc
South Arapahoe Sanimion Dis1rict. South Englewood Sanitation Dis1nc1 and the Southgate
S1ni1a11on Dis1nc1: and
WHEREAS, as pan of1hosc agrecmerus 1hc City bills customers for 1he Districts' •Mual
maintenance fees along wuh 1he City's 1rc:111ncn1 fees nnd remi1s 1hc mai1uenancc fees 101hc
Dis1rlc1s: and
WHEREAS. in 1hc early I 990's n clcncal error caused 5 accoun1s !hat were in Sou1hga1c and
South Englewood Sanila1ion Distric1s 10 be coded as being in 1hc South Arapahoe Sani1111ion
Oistri.-1: and
WHEREAS. as a result. Sou1hga1c and Sou1h Englewood Sani1a1ion Dislnct's residents
incurrco 1hc Sou1h Ampahoc Sa11i1a11on Dis11ic1 ·s mn1n1cnance cha rges. winch were lnghcr 1hnn
Sou1hga1e's and Sou1h Englcwood·Sani1a1ion l)istricl's charges; and
WI IER EAS. the Ci1y of Englewood. Sou1h Arapahoe Snnilnlion D1s1ric1. South En~lcwood
Sani1a11on District and Sou1hga1e Sam1a11on Dis1ric1 ha,·c reached an agreement whereby the
c~cs col:ccted for Sou1h Arapahoe So111~11on Dis1nc1 arc 10 be refunded by South Arapahoe
Sanirntion Disiric1 10 1hc Southgate Sa11:rn11 r" Dis1ric1 and South En~ltwood ~ani1a1ion District
customers. "uh interest: and
WHEREAS. Sou1h Arapahoe Sanitntioi, Ois1ric1 will deposit the funds wi1h 1he Cny of
Englewood and the Cny, as the billing pany. will administer 1he refund process:
NO\\', TIIEREFORE. BE IT ORDAINED DY TII E cm· COUNCIL OF TIIE ('fTY OF
ENGLEWOOD. COLORADO, AS FOLLOWS:
~-The City Council of the City of Englewood. Colorado hereby au1hori1,cs cn1cting
imo nn lntergo.,cmmcntnl Ab'l'Cemc111be1wcc11 1h e Sou1h Arapahoe Snnilation Distric1, Southgnle
Sanilation Ois1ric1. Sou1h Englewood Sarutalion District and 1he Ci1y of Englewood penaimng to
the reimbursement of o,·cr charged Sani1a1ion Fees by Sou1h Arapahoe Sani1a1ion Dis1ric1 10 1he
Southgate Sanirntion Dis1ric1 and South Englewood Sanilation Distric1 cus1omcrs, a11ached
here10 as Anachmelll I
Section 2. The Mayor is authomc:u 10 c,ccute und the City Clerk to attest and seal the lntcrgovcmmcntol A1,-recmcn1 for and on behalf of the City of Lnglcwood, C~lorodo. Introduced, read in full. and passed on fin;t reading on the 22nd day of J:inuary. 2008. Published ns a B,11 for an Ordinance on the 2s• day of January. 2008. Rcpubhshed as a Bill for an Ordinance on the 1• day of February, 2008
Read by title and passed on final rending on the 19th day of February, 2008.
Published by tit le ns Ordinance No._. Series of 2007. on the 22nd clay of February, 2008.
James K. Woodward. Mayor
ATTEST:
Loucrishia A, Ellis, City Clerk
L Loucrishia A. Ellis. City Cieri: of the City of Englc,-ood, Colorado, hcrchy ccnify that the
above and forCl,>oing is a true copy of the Ordinance passed on fmal read ms and published by
title as Ord11W1Cc No. _. Series of 2008.
Loucrishio A. Ellis
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AGl!E LMf'-f 1'111S AG IUZEl\lENT entered mlo with an effccll\'e elate of Jan~:i.ry I, W0S, by und bc!wccn the SOUT H Alv 'AIIOE SANITATION DI STR ICT, a Col~raJo speciul d1s1rict (hercmaficr "SASD"), the C ITY OF ENGLEWO OD, a Colorado 111unic1pal corpor,111on (hcre111afler the "City"), SO UTHGATE SA NITATION DISTRICT, a Colorado spccml district
(hcrcinafier "Southgate"), and SOUTH ENG LEWOOD SAN ITAT IO.\' O1S1'RI L f
(hcrcinafier "S!,uth Englewood") (collectively, the "Partu:s").
WITNESSETII :
WH EREAS, SASD and the City have an ammgemenl whereby the City bills and collects
SASD annua l customer service charges, and rem its the collected amounts to SASD al specified
times throughout the year; and
V:lrEREAS, from the yc.1rs 1999 through 2( 7, inclusive, service charges for SASD
were 111 •• ,, e11enll y collected from the res idential properties !isled on the attached Exhibit A (the
"Southgate Properties') which are not located within SASD's boundaries, and nrc in fact located
within Southgate; and
WHEREAS, from th,, yeurs 1999 through 2007, inclusive, service charges for SASD
were inadvertently collected from the rcsidcn•ial properties listed on the attached Eixlllbit B (tl1c
"South Englewood Properties'") which are nrl located within SASD's boundaries, and arc in fact
located within South Englewood; nn d
WHEREAS, the City has a similar arrangement for the billing and collection of
Southgatc's and South Erglewood's annual service charges, and has not billed or collected the
Southgate charges from t.1e Southgate Properties, or the South Englewood charges from the
South Englewood Prope ties; and
WIIEREAS, s,,uthgate's nnd South Englewood's nnnual service chnrgc.~ arc lower tlrnn
SASD's service elmrg, witl1 tb c resul t tlrnt 1he owners of the Southgate Propc11ics and South
Englcwou<l Properties have been overchargc<i for sewer si:f\icc:. tluring the lime abo,·c•
refen:nu:tl; and
Wil li REAS, the Parties wish to resolve this mntter so that a) the owners of the Soulhg~!l:
Properties nod Sou1.1 Englewood Properties arc refunded the am ounts overcharged, b) Soulhgate
ar.d South Englew,-od ore reimbursed for their uncollected service charges from the Southi;atc
Prope11ies and Soi.tit r:lnglewood Properti c.~; nnd
WHERE ,\S, SASD has calculated the amount of the refund due the owners of each of
the Soulhgate PrJperties and South Englewood ProJJ'r!ies nnd to Southgate and South
Englewood, ancl in total, including interest 1,ased upon the Mes earned liy SASD on the
A T T A C h l
ovc:-c h.ir£t"" ,J ui ms lhc times U1 ~; :J! !;'..r:l, whH"h a 1:1u11Jj t "r~ ~1 .. n l11 .. bd:.:d Ill !he .1:t.tthed fah, ,,1 ,\, 111d F,h,h11 B 1c.,r ecu,·cly; and \\fl EREAS, the City, St•utl1p tc, :md So uth Englewood hav e revi ewed txh1b11 A and Exh1b1t B J11tl ·1,11s:1lt ed their own rc.01Js and agree that SASD's cakubti o1 :s :.n: nccurutc ond bl.<ed upon appropriate ::mumptions nnd pnnc,ples . NOW, T II ERl:I OH~, rn cons1dcra11011 of the facts set forth above and the mutua l
1 !Hilts, tcm1 s, ond cond111011~ ,ct fo rth below, tl1e Pa1t 1cs 10 thi s Agrc-,ment agree as foll ows·
I. SAS D lo P11y Sou1hgn1c: SASD will deliver a check to Southgate on or uhoul
December 20, .!007, in the am ount of seven and eight one-hundredths dollar., ($7.0S) in full r.nd
finnl settlement of all omounts due Southgate in conncct1on with this matter.
2. S AS D lo l'ny South Englewood: SASD will deli ver a check to Somh
Englewood on or about December 20, 2007, in the amounl of two hundred seventy-nine and four
one-hund redths dollars ($279.04) in full and fin al set tlement of all amounts due South
l:ng1cwuod i~ conn ection wilh this matter.
J. SASD to Deposit fttnds: SASD will deliver a check 10 1hc City on or nhout
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January 20, 2008, in the amount of three thousand eight hundred eighty-four and forty-two one
hundredths dollars ($3,884.42), (U1c "Funds"), represcniing three thousand three hundred si~1y-
six und twenty-five one hundredths dollars ($3,366.25) a.~ the total amount 10 be refunded lo the •
owners of the Southgate Properties, 111cludi11g mterest thereon through Jnnuary 20, 2008, and
five-hundred eighteen and seventeen one-hundredths dollars ($518.17) as the total amount to be
refunded to ll1c owners of the South Englewood Properucs, including interest thereon through
January 20, 2008 . The Funds will be paid in trust, 10 be d1shursed by the City in nccordancc
with the tcnns hereof. I lcrcmaficr, when referring to both the Southgate Properties and the
South Englewood l'rtlpcrlie.~. the tcno "Properties'' shall be used.
l Clly to I mJ>l cmrnt Rei mbursem ent: Subject to the 1en11S and conditions set
forth in this Agreement, the C"11y shall, at its own sole cost and expense, m1plement and
adnunister all a:;pccts of the disburscmenl of the Fuiiru to the owocrs of the l'ropeni~ Such
m1plcmenunion and .idmmistration sh31l include w1U1out limitation U1e following duties nnd
~ks:
Dctcnninauon or the correct allocation of the refund due for c.ich of the
Properties amcmg the current and Conner owners thereof.
b. Individual, direct notificatio n to :,II current aad past owners of any of the
l'rope11 ies at the Inst k.nown service amllc,r lJ11ling address of each owne r within the time period
set fon h above lhat the Funds ore avnilnblc nnd the procedure and requirements to ob tnin
re imbursement, iucluding appropriate proof of owners hip and the initial date of ownership. ·n,c
City shall have no obli3at io11 to se,1rch fo r or ot herwi se dctcnn i11 c the current mailing add ress or •
:my former ow11c·r of 11n) o f the l'ro11l'rties.
• c. l'u!>hca:ion of such notice by any reasonahlc m~ns. It is •gre::d that
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puh hcation will be the only means of na11fi cnti on of fo1mer owners of any o f the Properties, othe r than mailing to the !Jst known address as above provided d. Octermmat1on of an appropnatc rc 1mburscmc111 protocol , mcludmg without limitntion p1ov11ion for obtuining a release of claims for the protecti on of th e C11y and SASD prior lo lhc is.~u,1nce of any check or other disbursement of any Funds. Such protocol shall be submitted to nnd approved by SASD, Southgate, and South Englewood pnor lo
imp lementation.
e. Disbursement of Funds in accordance with the approved protocol.
f. Maintenance of accounts showing the disposition of the Funds, and
reporting the status of the acco:mts to SASD, Southgate, and South Englewood no less often thnn
monthly.
g. Keeping SASD, Southgate, and South Englewood appris , of any issues
and concerns that ansc during the implementation of the reimbursement prolocol, or in
connection with the City's duties hereunder.
4. Additional [nterest: Immediately upon receipt of the FUllds, the City shall
deposi t and hold the Fw1ds in an interest-bearin g account and a p111pm1ionate share of the
interes t earned thereon shall be added to the amount of each reimbursement che:k paid pursuant
to this Agreement, ns of the date of such check.
5. Terminntion of Reimbursement Program and Dispositio n of Undis tributed
F unds: The City shall hold the Funds and reimburse cligiblr parties pursunn l to the approved
reimbursement protocol until a dat.e one yenr from the date of publication of notice as provided
in subsection 3.c. above, after which time tile City sha ll turn over boy remaining funds to the
State of Colorado in accordance with the provisions of the Unclaimed Property Act, C.R.S. § 38-
13 -101, ct scq.
6. Enforccmcnt/Remcdies/Vcnuc: The tenns and conditions of this Agreement
may be enforced through judicial nction brought in n court of competent iurmlicllon. Available
remed ies include specific perfonnn 11 ce, although the respective Part ies each expressly waive u11y
right lo consequential, exemplary or punitive dumag~ ui:-.unlit the other Partii:s individually and
collectively. The prevailing party to any judicial acti on brought shall be cnlitled to recover
rcnsonablc auorney's fees and courr costs from the other party. Venue for any judicinl Action
shall be exclusively in District Court for Arllpnhoe County, Colonido.
7. Se Ul cment of Cln lms: Through the Parties' pcrfo1manccofthe tcrn 1s set forth
herein, all cloims any Party may have against nny other Party with respect to the overchnrge of
t11e Properties and the failure to collect and remit Southgate's and South Englewood's sewer
charge are he1eby stipulated to be settled, nnd each Porty ogrecs hereby 10 release, ncquit, and
forever discharge any and all such claims upon fu ll nnd faithn:1 performance of tl1c terms of this
A;reemenL
S l';1rtic•· J.i:11,llitlc, Nothmg m thts Agreement h,ll be coa,1rucd or intrrp;ctc-d as a wawcr ,,1 .my pro,·1s1on of the Coloi.1do Govcmmcn1~1 ln:mumty Act, se::iwns ~4-10-101 a rcq. of the C •lor...Jo Rcvi.ed S1aru1cs. ,. l nt ci:rntion; Amcudments This Agreement 1s mtcn-.::d as the complete 1: .tc, • ,vn of all u11de1 :,ndings between tl1e Parties. No prior or contemporaneous addt11on, drlc·11 ., or other nmcndmcnt hc1cto shall have any force 01 efTect whatsoever, unlc..~s embodied
ucicm m •vntmg. ~o subsequent add1Uon, dclcllo n, or other amendmen! hereto &hall have any
force ~1 cifcct unlc .. s embodied in a\\ ntten amcndntoi,• agreement execu ted by the Parties.
Third-Pnrl y Ilcucnciary: It is the intent of the Panics that no third pJJty
hrnrf ~·• v inttrc.~t is crea ted Ill this Agreement, and specifically that no fonncr or cuirc111 owner
o. any rf uie rrope1tics shall have standing to enforce this Agreement
11. Fin nnclnl Obli gn tlous: Notwilhstanding tl1e fact thnt the City's performance
ob,,1,,1ions wil l persist through more th.in one fiscal year, all of the costs except inc1dcntnl
bookkeeping and admia istrative costs arc anticipated to be comp lete within 2008 . This
Agreement is not in te nded to create a mu ltiple-fiscal year direct or indirect debt or financia l
obligntl~n of any Party.
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12 . No l'crso 11nl Liability: No elected official, di rector, officer, agcn1 or employee
of any Puny shlll be charged personally or held contractually liable by or lo any other party •
under any tcnn or provision of this Agreement or becau;e or any breach thereof or because of its
or their execution, approval or attc:npled execution of this Agreement.
13. r nrngr:1p h II en dings : The paragraph beadings are iiiscrtcd herein only us a
matter of ,unvcnicnce and for reference and m no way arc intended to be a pan of this
AgRCmcnt or to define, limit or describe the scope or intent of this Agreement or the particul:ir
par.tgmphs hL't'l:Of to wluch they refer.
14. Legal Author ity: 11ic persons signing and executing this Agreement on bclmir of
each ofU1c l',1rties, \lo hereby state nnd affinm that tl1cy have been fully auti1orized to execute tins
Agrccmcut on behalf of the Party they n:prescn~ and to validly nod legally bind the Party they
rcprc,;ent, to nil the tcm1s, 1icrfonnr111ccs, nnd provisions herem set fortl1.
IS . C'ou nl cq rn r ts : 111is Agreement may be executed 111 three (3) countcrpwtJ, each
of winch shall be deemed to be 1111 origi nnl, but nil of which shall toi;clhcr constitute one nnd the
same doc11111c11t.
!Th e rcmniml cr of th r 11111:c dcllb crnt cly left blank. Signature bloc k stnrls on uc~t pngc,I
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IN WJTNI\SS WIIEREOF, each of the Parties has cxccu1cd this Agreement lo be effective on the date above wriucn. ATTCST:
Gerry Chartrand
Title: Secretary
ATTEST:
13y: ________ _
CityClerk-Loucrishia A. Ellis
ATTEST:
Title: _______ _
A'ITEST:
Title: _______ _
sour• ARAPAHOE SAN rtATION DISTRIC f
By: ________ _
Steven Daldegan
President, Board of Directors
CITY OF ENGL·. \'00D
By: _________ _
Mayor-James K, Woodward
SOUTHGATE
SANITATION DISTR!Cl"
By: _________ _
Pmidcnt, Board of Directors
SOUTH ENGLEWOOD
SAN ITATION DISTRICT
By: ________ _
Pn:sid~nl, Board of Directors
jl =~= ,.. I.,. .. !:.~ti;.;:, • ~ ·-E; !~~'$ ,. e ~~r1 ~ E .... _, Jij! 11d ... , ... HH j~l i . ~H ~ ~!: ~ ,;~ . ] . _ .. ,:,1;r; .... s~o:. ~ ... ~ .. ::. "'Ctil=; .. ...... 5m ~~ ~·-~~;a ~ .. W" " ~h ~~ "1\:1 n ;, .. • ~ ~JI I Ill "
~
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~ti ·11 ·aa . i; . .. .. ......
1~ ,< ,l .~~ .. ·!:i' ~5.~ ~; ..... .. . . ..
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fa
• Aceou,u Heu.sa 5.10,0 ~.18% Humber No. Strwel 2008 2007 30201055102 5910 s Ognen c.t s . s,ee.si 2.23 25.73 1nwes,Earn,ngs s 2.23 $21'.35 • "El'.HIBIT a· SOU'TH ARAPAHOE SANITATION O:STRICT NCl~4 omtnet Addresses (South Englewood) Charged by Englewood .......... ~ .... =~•~•~-5.01% 3.01% 1:JCn• 1.10% 1.76% 2!'06 .2005 2004 2003 2002 3..9S•A, 606'1,, 21101 LOOO $ 8'.68 S 96.17 $8947 S88.<3 S52.1S tlB.66 S39.<8 23.51 12.12 3.95 2.33 2-<S 3.78 3.51 $1 01.19 $1 08.29 $93.A2 $90.76 554.61 532.44 $"2.99 Lan· ~.86¾ Amou:nl due U> 19~ Sa.~'000 $36.79 S 26t, 79 089 . 537.lil $ 26'.79 S-2...r..s ~214.35 5108.19 S 108.29 593.42 S!10.76 SS<-61 532.4< $42.99 SJ7.68 S 281179 South EnglawoOd s 2811.79 Scuth Engtev.-ood lnterat -~ Tohll due to South En~lewood S :V&.04
Cl<,,er Refunds 0,,e • Sou-.11 Engl&,,ocd Paga1 of 1
• P•1rr.ent1 u berth.ot"l!Se'j loH~.1Kr-•1tert: $ 437.66 I0.51 s 518.17 s Sta.1;
1111.a.a:-=.t
• COUNC IL COMMUNICATION Date: I Agenda Item: February 19, 2008 9 c I I Subj ect: Purchase ol a Tractor Mo\\ er lnit iateJ By: Utilllies Department I Staff Source: Stewart H. Fonda, Dorector 01 Utihties
COUNCIL COAL AND PREVIOUS CO UNCIL ACTIO N
None.
,COMMENDED ACTION
Staff recommends Council approve, by Motion, the purchase ol one, 641 S Cab Tractor 1:;:i Mower
through the State B,d process from Potestio Brothers Equipment In the amount of SS6,P.58.C9.
BACKGROUN D, ANA: SIS, AN D ALTER NATI VES IDENTI FIED
• The proposed lohn Deere 6415 Cab Tractor ls used b1• Allen Filter Plant personnel for mowing
weeds and grass along the City and McBroorn Ditches, at McL,·llan Reservoir and the Allen Filter
Plant. The lohn Deere 6415 tractor and mower is a CERF replacement for Unit # 1335, a 1995 lohn
Deere 5300 tractor with mo\\ er. The proposed model has a larger boom-type attached mower to
reach places cu rrently inaccessible to the existing mower and will provide a closer mow to the
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ditches.
The Purchasing Depanment received th e bid per Sta te Bid #CDOT•J 10000675 .
FI NANCIAL IMPACT
Potestio Brothers Equipment is the rer,,rnmei ,Jed bidder at $56,856.09.
It has been appro·ie d in the 2008 Budget for CERF replacement. CERF cost will bP $32 ,000.09 and
Utilities Depanment will fund S24,856.00. The Utlhties p<>11ion is to fund the larger tractor ,,nd
boom•l),>e mower.
LI ST O F ATTACHMENTS
Summary Specification She et lor New Vehicles
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Ftepared For CITY OF ENGLEWOOD JOHN DEERE
Prepared For
Prepared By
Creation Date
Expiration Date
Quote Id
Quote Expires : Jan 03, 2008
POTESTIO BROTHERS EQUIPMENT 19020 LONGS WAY PARKER , CO 80134 Phone • (303)841-2299 frankpl!!)pbequl . m
TOMRIOTTE
CITY OF ENGLEWOOD
Phone : (303)762-2650
JOHN ALCAMO
19020 LONGS WAY
PARKER , CO 80134
Phone : 303-841 -2299
JOHNA@PBEOUIP.COM
Dec 15, 2007
Jan 03, 2008
1988407
Prepared By JOHN ALCAMO
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F-repared For CITY OF ENGLEWOOD
Salesperson: X. _____ _
Additlo·1al Com ments
Hi Ton,
Prepared By JOH t. ALCAMO
Accepted By: X. _____ _
Tt,,., ;, ice on the boom mower is the Colorado Department of Transporta tio n :.,rice. The
award number is 31000067!i this contract is good 11112128/0l .f you woulcl :ii(e the city
could piggyback on there price .
PRICES BASED ON COLORADO STATE CONTRACT002-98
MAKE P.O. OUT TO
JOHN DEERE COMPANY
2000 JOHN DEERE RUN
CARY, NC 27513
SHOW POTESTIO BROTHERS AS THE DELIVERING DEALER
Thank You,
JohnAlcamo
If you have any questions please call me .
Cell 720 320 8998
office 303 841 2299
Quole Expires : Jan 03, 2006
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•repared For CITY OF ENGLEWOOD Equipment Name : LANDPRIDE BOOM MOWER Serral Number :
-
ii--Fi~mMi:mJrr ~
R
1~~;,;_::1:,~;~~fJ~~l~~rr--
Prepared By JOHN A LCAMO t q uo,.,,ent Ouanlily: 1
-
-m
~~-~~I
146
1 80.3
---+---J_ --~;~~ --=-------L_ :l= 44,fSO]l
Ouole Expires Jan 03. 2008
City of E n g lew ood AGENDA ITEM 10 (a) PUBLIC HEARING ROSTER DATE : February 19, 2008 Public HNring to pther public Input on Councll Btn No. 7, amending the Unified
Development Code by adding Hotel and Hotel, Extendad Stay u pennltted uH, In
the 1-1, Ught Industrial Zone District.
PL EASE PRINT
NAME ADDRESS
l'uge I of I Lou Ellis From: Leigh Ann Hoffhines on behalf of Council Sent: Tuesday, February 19, 2008 8 51 AM To: Sue Ca~ton-Smith Cc : Gary Sears, Mike Flaherty; Dan Brotzman. Lou Elks, Alan White Subject: FW Holel Ammendmenls to the UOC Sue -This e-mail came In on the Council account. Since there is a public hearing on this Issue
tonlght, would you mind making sure Council receives Mr. Roth's comments before the meeting?
Thanks, Leigh Ann
Lo'9h AM Holthlnos
EnotewOOd Cit v Managers omce
·····Orlginal Message··-·
From: Don Roth [rnallto:droth@mho .net]
Sent: saturday, February 16, 2008 11:13 AM
To: Council
SUbject: Hotel Ammendments to the UOC
Dear Mayor Woodward & Englewood City Council members.
You "ill soon be considering n modification to the Uniform Development Code 10 allow llotels in the
industrial districts zoned 1-1 & 12. This proposal clears !he way for the location ofa proposed Ex•ended
Stay I lotcl near US 285 and Sanln Fe Drive.
Rather than doing spol zoning , which Is considered bad practice, these modificati,ns allow
Hotels as a Use By Right in the 11 & 12 zon& districts. The Planning Commission considered
adding this use to other zone dislrlcts, but d!d n..:\ feel comfortable withou t further study of
potential impacts on surrounding areas. One issue that was discussed with the current
proposal Is that the 11 & 12 zone districts ha·1e no height limits. This makes sense because this
atltiws industrial businesses build as high as necer.sary for their in tended use.
Over the short term the lack of a height limit would likely have little or no effect. However,
hotels are well known for building tall structures, leading to my concern about what might
happen in the more distant future . I believe a more forward looking view on this could
minimize future problems .
There on: numerous homes built along a ridge running the entire length of Englewood rfllm the nonh 10
the south, constructed to tn~c advantage of the spectacular western -,.iews. The 11 district also runs the
entire length of Engle\\ood to the west of this ridge. Allowing unlimited hcii;ht as a "·" hy rii,:ltt could
compromise these \1-CSlcm, ic\\s. potentially afTecting propt"ny vrh-~s of these homes.
Sinccr:ly,
Don Roth
2830 S . Sherman St.
2/19/2008
• COUNCIL COMMUNICATI ON Date: February 19, ~008 Initiated By: Agenda It em: 10 a Community Developmen t Department Subj ect: Ordinance amending UDC 10 Define h1ended Sta) Hotel, Permit ,n I· I Zone District Slaff Sourer: Mark Graham, Senior Planner
CO UNCIL GOAL AND PREVIOUS COUNCIL ACTION
• Al the February 4, 101.!8 Council meeting. the agree ment 10 buy and sell surplus CDOT
property and the proposal to modify the UDC to permit Extended Stay Hotels were passed
on first re.iding. The Council sel a Public Hearing for February 19, 2008.
• At lhe No, ember 26, 2007 Council Studr Session. Value Place represenlati\-es presented
their development proposal.
• Following the Study Session, Council authorized the City Manager 10 notify CDOT of
Englewood's inte rest in purchasing CDOT surplus property for economic development
purposes.
• RECOMMENDED ACTION
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Staff recommends that Coun cil adopt a Bill for an Ordinance enacllng the Planning and Zoning
Commission recommendations to add the "Hotel, E~tended Stay" definition 10 1he Unlfie~
De, elopment Code and add "Hotel• and "Hotel. Extended Stay· as permitted uses in the 1-1. Light
Industrial Zone District.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Early In 2007, City Council authorized a study of lhe market potential for lodging ser,lces in
Engle\\ood. The analysis b\ HOI\• ·h Horizon, Hospitality Advisors, LLC, dated March 9, 1007
Indicated that !here is marke t de•• J for lodging In Englewood. The study also no tes that there is
not currently a suoply of moden ,rand name, main-stream hotel rooms In Englewood. Whi le
there are motels along South 81.,ddway, !hey are old. not affiliated wilh national brands,., i are not
designed or maintained to be suitable for business or vacation travel accommodat,ons.
The Hol\valh stud1• not only identified th• potential demand for hotel facilities, they suggested three
locati ons in Englewood where the market might support hotels In their opinion, 1he n1,1ln areas
that would be suitable for hotels would be along Highway 285 between Santa Fe and 81 oadway.
Secondary areas" here hotels would locate included along Santa Fe Drive or Broadway near
Highway 285. The other potential hotel area.s suggested by the Hotel Study were near light rail
stations .
Mer conurming a potential market demand for hotel rooms and unde1s1anding "here 1n • Englewood hotels would be hkely 10 locale, s1arf re,ie\\ed City land use regulalions 1or ho1els When Engle"ood revised land use regula1ions governing lodging in 2004, ho1els were included in lhe MU•B·1, Highway Commercial Zone bul om1t1ed from lhe Industrial Zones. Pnor 10 res1ruc1uring the City land use regula1ions Into the Unified Developmenl Code in 2004, lanci us~s permllled in the commercia l zones were also pern111ted in 1he induslrial zones. Currently, hotl•ls are not permitted land uses along most of Highway 285 or Santa Fe Drive in Englewood. Neithe r are they permitted on Broadway witl,ln a block of Hlghwa)' 285. Res1a1ed, hote ls are no1 cu rrently perml11ed in locations whe re the market would support them.
Further, the current definitions limit the kinds of holels that are permitted. Hotels that include
kitchen facilities such as "Exlended Stay Hotels• a,e not currendy permitted In any zone di~<rict in
Engle\\ ood. There are se-·er al well known extended stay hotel brands represented in the Den, er
metro area: Residence Inns b-t Marriot~ Ei.tended Stay America, Homes1ead Studio Suites,
Ei.1ended Slay Deluxe a~d Crossta 1d Economy Studios. Extended Stay Hotels may ren1 by the
r .. gh~ week or month, but provide their greatest discoun1 to patrons renting for longer terms. They
generally provide fewer services anC: fewer a.menities and pass those economies along to the
cuslomer. They typically do no1 provide breakfasts, swimming pools or conference rooms. Instead,
1hey provide refrigerators, sioves and mlcrowJve ovens.
An inves1or in Value Place is in the due diligence phase for developi ng a ho1el 111 the l·l zone
dls1ri~1 on Sanla Fe Drive. For that project lo be permi ued. it will be necessary to adopt a definition
for 'Hotel, Extended Stay' that permits cooking facilities in units, and 10 add the land use to the 1-1
zone dls1rl~
FINANCIAL IMPACT
There is no dired fin.:icial impJd to the Oty frorn amending the 1-1 zone district ,~gulatlons 10
include hotels and extended stay hotels as permitted uses.
LIST OF ATTiiCHMENTS
BIii for an O rd,n•nce
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uRDl!sANC[ NO SERIES OF 2008 IW Al I IIORIT\' COl ''lCIL DILL 1'0. 7 11'1 RODUCE BY COlr.\Cll MLMBER MOORE AN ORDINANCE AMENDING TITLE 16, CHAPTERS 5. 6 AND 11, OF TIIE UN IFIED
DEVELOPMENT CODE OF THE ENGLEWOOD MUN ICIPAL CODE 2000, PERTAINING TO
HOTE LS ANO EXTENDED STAY HOTELS IN THE 1-1 ZONE DISTRICT.
WHEREAS. early in 2007 1he Engle\\ood C1l) Council aulhorized n s1udy of 1hc ll13rke1
po1ential for lodwnp ,m 1<...s i•1 Englewood ; nn I
\\l!EREAS. lhc analysis i 'cated 1ha11~c 1s ma,kct demand for lodganJ m Englewood: and
WHEREAS, !here,~ 001 curren1ly a supply of modem. brand name, m.1111 ·,cam hotel roon,s in
Englewood: and
WHEREAS, 1he s1udy iden1 ified the po1cn1inl demand fo r hotel focililles, suggested 1hrec
localions in Englewood where lite market miglu support hotels along Hitthway 285 bclween San1a
Fe and Broadway with secondary areas where hotels m,[d,1 locat< included alon~ Santa Fe Ori,·e or
Broadway near H1!!hway 285 and hght rad stnuons: and
WHERr;AS. C:ny staff TC'1C\\ed Cit)' land use rcb,ulauons for hotc!s aml found thal wt
Englewood rt,v,scd land use rcb,ulations ~,o,eming looging ,n 2004. hotels \\ere included in the
MU-B -2 O1s1nct. and Highway Commercial Zone but omitted f1am 1he lndus1n11I Zones: and
\l.'H EREAS, current ly. ho1el, arc 1M pc1T11i1tcd limd uses along 1110s1 ~f I li~hway 285 or Sa ntn
Fe Drive in Eni;lewood nor n« •hey pcrmincd on Broadway witlun a hlock of lhghway 285. lhus
ho1els are 001 currenlly pem1i1ted 111 locations when: 1hc nmrl.e1 would ,uppon 1hem. and
WHEREAS. the Fnglcl\ood Planning and Zonm1t (. 'lllllT\ission reconun.'nded oppm,al of this
•mcndrncnt a111s Jonuar) 23, 2008 mecung;
NOW, THEREFORE, OE IT OROAINED 13V TIIE CITY COUNC IL 01' TIIF cn,r OF
ENGLEWOOD. COLORADO. AS FOLLOWS:
Sec1ion l . 11,c City Counril of 1hc (. uy or Enylcwood. Colorodn hereby nu1honzcs 1he
amendment ofTulc 16, Chap1er S. Section I, Subscc1ion C'. Tahle I I. "Tobie of f.llo\\ed Uses''. <1r
1he Englewood Municipal Cr><!e 2000 and lite cttoctmcnl of the nc" pro,·isions 10 read as follows:
C . Tahlc of.~1/owt!d Us es. TABLE INSET: TABLE l~S-1.1 :TABLE OF ALLOWED USES ----P = PERMl1TEO USEC= CONDITIONAL USE A -ACCESSORY USE T • TEMPORARY USE L-LIMffllD USE C-A -ACC l:SSORY USE APPROVED CONDITIONALLY L-A = ACCESSORY USE APP ROVED WITH UMIT"..D USE PROCEDURE R csideolial --Nonrcsidentiol .. Use Category • UseTyp,; .MU MU Additional --1,. R R ,R R-MU, MUI T -Rcgulati<''lS R R I I I I l ~ 2 ~ 3 3 !3 ~ s I 2 A B C B A B I A
RESlOENTIAL USES
G r o up living fo oility, C C p p 11>-S-2.A.I large/special
G r oup l.hing Group living fo oility, s mall
p p p p p p p p p p 16-S-2.A.I
Sm all treatm ent c.e.ul er C C p p 16-S-2.A.I
UCJUst "Llving l.i ve/work dwtlll ng p p l. l. l .,_S-2.A.2
Monufocturtd h o me pork
p
11>-S-2.A.J
J\lulti-uo.il dwelling
p r p p p p 16-S-2.AA
O ne-1111.it ottaobtd d wdlli1&
p p p p p p
Ono-unit d ctaobcd dwelling
p r p p p p p 16-S-2.A.5
• 2 • •
Ooe-uoit d•tacbcd dwelling p p p p p p p on• s mall lot Two-unit dw,!ling p p r p p 16-5-2.A.6 PUBLIC/INSTITUTIONAL USES A nima l S bdter Not-for-profit animal s belltr p p Em•l'l!rD<'Y T •mporary S helle r llousiog sb•ll•r, food she lter C C All otb•r baildlngs and
Go,·tmmont and C ity fullities no t sp«illed und•r p p p p p p p p p p p p
the Publid l nstilutiooal Uses
category
Libr•')' Public p p p
Mustu m/Cultural A lluus p p p p p
Athletic field C C C C C C C C r p
Park and Opea Spatt CommUD.ity g arden C C C C C C C C
Park
p p p p p p r p p p p p
Rtliglous Assembly Religious institutions and p p p p p p p L I, L l. L
an ociated accessory uses
School Education institution
p p p p p p p p r C
T•lccommunication Facility Alternative towtr structure
p p p p p r p p r r p r
(Sec Chapter 16-7,
"Tt!/.t!,C011tJ11unicotiors. "for
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T
. .. . . -.--i----T -.-. .
and :rtandards) (microwa\"t anttD..Da-. I st t'.toriz.rd panel aotrnna1 whip antenna) Towe.r struclurc C C C C C C C C C C I' r RTD mainl•nance facility I p p T nnsporution Facllily Transit center p l\lajor utility radUty r p 16-5-2.D.1 U1iUry Facility (0 01 i.ocluding Tel«ommuoication Facility) Minor utility facility (as a C C C C C C C
principal u se o r land) C C C C C
C OMMERCIAL USES
Adult Us• A ll lypcs as defined io p
p
16-5-2.C.I
Ch■pttr 16-11
C rttoboun/nunuy, raising p p
Agricullunl Use or planls, n o,.•en, or nunery 16-S-2.C'.2
sroek
Animal sbtlttr
p r
KenoeVd■y care L
p p
Animal S ales and Service
Pel slorc (lh·e animal sal e) p p p p r
S ma.U a nimal \·drri:oary L p C
p !'
bospilal or cliok
Assembly hall or a uditorium,
Assembly hall r ental ro r meetings or r p C
p p
social occasions
4 • • •
M•m~rsb.ip organization p p C p p (excluding adult use) Dependent Care Dependent care center{less C C C C C p r r p C 16-5-2.('. 7 tb ■o 24-hour care, a ny age) Amusement esta blis hment C C C C C Physlal fitness centtr/spa r r p r p Entertainment/ Amuscmut: I ndoor Theater and performan.c.dco·ocert Vt.nu~ r r r r r not including adult
cnttrtain.mt.n.t
t-:ntcrtainmeot/ Amu.n.mtot: Ge.oe.nl outdoor recreation C C C
Outdoor
C hock cubing facility I'
p r
Financial Institution Floant.ial ins titution, wi th L
p r
drive-throu gh service ---Financial institution, without p p r r r
drive-throug h service
Food and Beverage Senice Brrwpu h r p p p r
Caltre r r p p
Mkrobre,..-u·y p p p
Rtst ■u.rant, h,-r'\ t:■\'ern \\ith p p
or without o utdoor p r p
operations
Rcst•ur10L with drive-L p p thro ugh senice I Take out aod ddh'._.ry only p p C link r r r r r HeaUb lrHlmtot facility r p p l\lcdkal/Scieotific Scnicc llospilal p r r p
Laboratory(dental, medical p p p p p p
or optical)
omc-. type t (l:onual ) p p p p I'
Orficc
Office, type 2 (limited) p p p p p p p 16-S-l.C.8
R e tail S ales and C reo11torfum C
Servict(Penooal Scn i•e)
Ory cleaoer, drop-off s ite p p p I' p
only
I ustruction1I senicc r p p p
Massage therapy I' p p p p
Mortuary I'
Pe.rsooa l c are p p p p p
---n n n
• 6 • •
and pbolo l•b. upholstery, I printe r , lockJ;mllh, l•llo r T •lloo and body-p lcr cla g p p m •bliJ bmeal Tompora ry e mplo) m e.or 16-5-2.C. II business Equ lpmool n,nl a l L r r Rot.ii Ill es and Sen-ice (Re pair a nd R e ot"1) R ep air bo p (DOI iocludlng p r auro) r p p
Retail al es and Senice ( a les) Antiqu e lore p p p p p
Art galler) p p p p r
A u r lioo bou c r p p
Bu y-b ack s hop, second hand, r r r
lhrlfl, conslgnn,c nl
C on\'cnicncc s·1ore p r p r
G r ocer)'/ p ecia lt)• food lore p r p p p
lntr.m et al Local lo o r r p
Li quor lone p p p r p
Pa.,.obrokt.r p r p
16-5-2.C.IU
ForTSA , P if <= 20,000 R etail sales, gtoua.l P/C p p "'I· ft .• p p C if> 20,000 me.rc.haod iJe sq . fL of gross l unbl• floor 1 rca School T rade or busi ness school p p C r r 16-5-2.C.12 Studio Radio/tclt\isioo broadcasting p p p s tudio, r<cordiog/film s tudio
Vehicle and Equipme nt Automobile pawnbroker r p r 16-5-2.C.IU
Auto m o th•t saJes, rt ot1I L
p p
l f>.S-2.C~l
Automotive se.rvi« and p p
repair, imluding body or
ft nduwork
Automotive service and p p
repair. not including body or L 16-5-2.C.4
fe.odcr work
Automofi~e se.nit~ st:al.ion L
p p 11>-S-2.C.S (gasolint facility)
Ca_r was h, auto dctaUiog L L I, l b--5-2 .C.6 :
l b--5-2 .C.4
Commuda l !litoi~ge or p p lf>.S-2.C.J op,roble vd1irlts
Fuel dls pt.osing L i' p
-···• --,.. D D ~ ... r ... -
8 • • •
(0~nt.blc n bicl<S),principa l use Parking area, s urfsce(opcrable C C L L C p r 16--5-2.C.9: vehicl<S),prind pal u se I C.-5-2.C.3 R ttreational vellicl<S and p p boats, s al<S or rental L Bed and brcakf»st p Vis itor Accommodacioo Ho t el p p .e
ll1;11,1 t;u,1111,11 ~&1~ 1!
Wbolesalc Sales and dis tribution r I'
l\lANUFACTURlNC/lNOUSTRIAL USES
Industrial service, lig ht C
p p 16-5-2.O.J
Indus tria l S ervice
(TSA o nl~•)
ludu.striaJ servk e, hea vy
p
Manufac turing, Including l\lanufa cturiog, lig ht C p r t (>-5-2.O.4
Processing, Fabrication, or
(TSA onl~I
A sse mbly l\:,nufacturiog, heavy I'
W are bow c/Stonge Fuel st onoge L I.
1\1 ini-storage fac 1Uty L I'
. ft
~
Outdoor storage I. p S t orage yard for ,·e hiclts. L ~quipmt nt. ma teri1 l1 an d/or p 16-5-2.l>.6 supplies Warebou.sl»g and/or s torage L p Au tomobile \\Teckln,:/ uh•age C yard p 16-5-2.1).1
Commt·rd1I incinerator
C
Hazardo us waste handling C C 16-5-2.0.2
R ttydiog OtKratioo, all p p
Wastr/Sal vage procH5ioi occu.n: 'Milb io 16-5-2.D.5
enclosed Slruc ture
R eeydlog operatio n. som e or C all p rocessing o«u.rs o ut.side
C 16-5-2.0.~
an ucloH'd s tructure
S anitary servite
C
\Vasre traosru station(no t C C
including hazard OIU "•.st•)
ACCESSORY USES -Stt Section 16-5-4 for additional regulations
llome Care Acc<"Ssory Uses C-A A A A
(AcceHory lo PriacipaJ Ou~ Adult d•peodeot car< A A A
Unit o-.. elliug Usn Only)
-,. ~ . . . . . .
A c-A A A A Infant/toddler home I\ A A L-L-I,-L-l..arge c hild care hom e A A A A Ca retaker's quarter I\ A A A
Dormitory A A A
Jl omc occupation A A ;\ A A A A 16-5-4.C".I
Mino r utility fuility (as L-L-L-L-L-L-L-L-L-I , I , I,
a ccessory use o f land) A A A A A A A A I\ A A A l f>.-5-2.ll.l
Other A«esS<>ry Uses
Parking aru (su rface) A A A -~ A A A A 16-5-4.C.2
Parkin g gange A
Sat cWte dis h an tenna A A A A ;\
A A A A I\ A A 16-5-4.C.J
Sen·icc units or facility A I\ 16-5-4.CA
S "'immio g pool A A A A A A A I\ A A ;\ A 16-5-4.C.5
T EMPORARY US ES -See S«lion 16-S-S for ad ditional n-:; .. :~!fon s
C uwub T T T T T T T T T T T T
E.Ipansioo or repl1cem c.ot of T T T T T T T T T T r existing radlirirs Farmers m ■rkl'1 T T T r T food Vendor Carts T T T r T M obile storage ("ilb or T T T T T T T T T T T T "itboul buildi■a: ~rmjt) Re-al estate s•les or le-adog T T T T T T T T T T r r office (also mOMI homes)
O u1door Sales (e.i" te■I sales.
parkicg lot saks. .....,tul T T sa.ks, •·i ■chbidd upair, sales T T T
from rtfaiJ \'tedor carts. tft)
Spttial .,-,at (e.a:" cami,·al, T T T T T T T T T T T T
bazaar, fair)
Tents,. canopies T T ... T T T T T T T T T
USES NOT See 16-S-I.B ror proc,edures a.nd crileria for approving unlisted uses, i o cl udfug unlisted acressory a nd temporary
MENTIONED uses.
• 12 • •
• Secuon 1. The l11yCounc1I or1hc Cn) ,,1 Ln~k\\n11d. Cnlorndo hereby nu1honzes the
•
•
amcndmcn1 ofTnlc 16. Chap1cr6. Sc.:11on 4.Suh...:1111111 -1. Tobie 4 I. "\hnunum Off•SIR'd \'chicle Parking Rcqu,rer ", 11f1he Fn~Jr11 1,,d Muno.111,11 l'11<lc 20(KI nnd 1hc cnnc1mc111 of1he tlew provisions to read as hid >Ws' 16-6-4: Off•Strcel Par king and l.oM clinR Rf◄J ulrc mcn1,. F. Off-Srreer I 'ehic/1• Park1111( Rcqmr,•111,·m, 11111/ / I, "!!"
I. Amount ofOff-Stre<.1 Vclnclc Porkmg !1 nhlc 16,1,-4 I) I nblc 16-6-4 I hclo11 seis fonh 1hc
mini,num required omounl of otT•!lrCCI I clucle p.1r~111i; •p:iec, In hcu of complying wuh these
standnnls. an applicant may rcqucsl appnwal of on ohcrna111 c pur~mg plan, under Section 16-
6-4.I Et,1C, "Ahcmmivc l'arkini; Plans."
TABLE INSET:
13
TABLE 1 ~.1: MINIMUM OFF-STREET VEHICLE PA.R.KJNG R.EQl/IREMENTS -Use -...... Off-S1ree1 Vehicle Additional Requirements ~· -Paricin11 S1a11dard RESIDENTIAL USES Group Llviog Dormitory, Cnte.rnity, I p•rldog sp•c• per two sorority beds
I parkloit s pace per 3
G roup living f•ciliiy. resid,.DI beds, plus I
large/special or small parkl.ng spate for .. ch 3
employees
I parking space per 4
Nu niog home r esidenl beds plus I
parking space for e a ch 3
employees
Rooming and I spa« for each g ues l bed.
in addition lo tbt onc,..unit boMdiDgbouse dwelling requirement
Se.oior c:itizen . 75 parking s pacrs per
r esidential e1>mplex unil plus o ot guest s pace
ror each 5 unit,
Ho usehold living
One-amt. detached or 2 s pates per ncb dwelling
atbc.hed dwdling uml
s~nior citiuo I spa« per 1 dwcUln&
14 • • •
residaatial complex (35 uajtJ. plus oac, gHSt space pe.rceat or more o f for ud, S ■ali. totai IIDits nxn·ed for penoas 60 yun IUld oklff) T,.·o-allit IUld multi-(I ) S ucb parking sbaD be designated aait ndliag: I.S lpa<ff pn' racb u,d identified as parking for tbc EfliriHcy. 1-or 2,. d "dling. CKCUpaDIS or tlloe building o aly. (2) bo.-anit Guests or Vimor Parking for buildiDgs w Ith Sor more dwdliug units: I space T,.·o-a11it Uld mald-2 spaces per eub d"·elling
for .. ,b S ua.in. S uda parking sbaD be
wtit d..-dliJa&'.3-or designated and i<itutified as temporary
more bedroom unit unit . p1rkJng for lbe use of guests or visiton
or the occupants or lbe building oaly.
PUBLIC/INSTITUTIONAL USES
Religious Asstmbly
I space ro, u ch 3 suls or
every 6 feel or bench
All length in the main
u scmbly aru or
a uditorium
School
Educatiou iostitution -1 space for c1c::b clauroom
elcmenl1ry and admini11ra1Jve offlc::e
Education institution -An ■ru equal to 1/l thc
secondary gross floor 1ru In the
s tructure
Public BuildiDgs
An area equal t o 1/2 the All gross floor area in tb~ structure C OMMERC IAL USES Assembly An <-mbly ball or auditorium, hall reoul I s pa« for each 3 seal.I for meetings o r SNCial ocr-a.sions
Enltmi!l!lleoll ,\.mus<-m<nt: lndoor
AmUSffllfflt facilities,
<0ove.ntion facilities.
dance balls. I space fo r each 3 scalS
gym_DJtislu.ms~ theate.n,
ska-ting rinks
4 s paces per lane. p l us I
Bowling alley additional s pace for each 2
employees
Food and Beverage Service
Restaunot. bar, I space per each 60 square tavern, with or without
outdoor operations feet or gross noor aru
l\ledical/Sdentific Service
I space for each 2 patient
U ospital beds, plus I s pace for each
2 employees
Office
16 • • •
All I space peer each JOO square r«1 Retail Sal es and Service Uode,r 7,500 square reei: an area e,qual l o 1/l orthe All g .-oss floor area; As applicable, p lus adequate stacking 7,500 square fttl gross Ooor area and above: ao space,s as pu Section 1~6-4-J below. area e,qual to the gro .. Ooorarta.
Vt_bide and Equipment
1 spue for each 2
Automotive sales, employees at m axi.m um
rtut•I ; employment oo • s hsgle
Automobile s hift, plus 2 s paces for
pawnbroker each 300 square feel of
s a.lesloffice, repair. or
ma.ioteoanc-e s pace.
Vh itor Acc-ommo<btion 1 space for each guest room, plus I addilio oal s pace for euh 2 llo tel,; e mploy-. Parking for l1Q1;1 £111~ cooveolion f•ci.Utles and dining Sial:'... art■s lo the hotel s hall conform ,.;th the requireme nts sd forth with in. MANUFACTURJNG/INDUSTRIAL US ES
Industrial Service An area equal t o U4 the gross
and/or floor are.a occupied by the use in a
man ufacturing stru<I Urt
Ware bouse/Stora11,e
Customer parking s hall be A marked loading lane shall be
provided at the manage.r's office provided adjac..,t to the exterior of
colculated o n th• basu of one any structure i n which storage units
s pace for each slx thouJaod a.re l~••ed aod where such unjts have
(6,000) square rett of floor are■ direct access to tbe exterior of the
Mini-s torage and o p<,n storage, or OH space for structure. S uch loading IAn t s hall be
facility t■dt one hundred (100) storage clearly marked for the exclusive use or
units o r s paces. whichever is the lessttS or said storage units and
greate r . s hall not be used for the temporary o r
Pl us, 2 a dditional parldPg s paees pnmaneat storage o f any ite m.
for cmployeu s hall be provided a t 1,oading lanes s ha ll be a minimum of
the maoagtt's o ffic~. nine fed (9') in width.
Wholesale An area equal to 1/4 of the gross
business Ooor art■ of the stru<I urc or
s tnrch1.res..
• 18 • •
• W■rcbouslog ■od/or stonge A n arc■ equa l t o 1/4 orthc gross floor area of t he s l.rutlu re or struct ures. • •
19
Sec1ion 3. 1 he Cuy Council 01 the Cuy of Englewood, Colorado hercb) authorizes the amendment of Tit le 16, Cllllpter 11. Section I. Subsection F(I 8). "Visitor Accommodation", of the Englewood Municip.,I Code 2000 and the enactment of1h e new pro1isions 10 read as follows: 16-11 -1: Use Classtn culoo·, f . Commercial U,,es. 18. Visitor Accommodation.
a, Cllarac1eris1ics. Visitor-serving facilities that pro1ide temporary lodging in
guest morns or guest units. for compensation. and with an average length of stay
of less than thirty (30) dllys. Acces~ uses may include pools and other
recreational facili ties for the excl usive use of guests. limited storage. restaurants,
bars. a1ecting facilities. and offices.
b. Specific Use T)pes. This category includes the following use types:
(I) Bed and Breakfast. A commcrci ,I establishment operated m an owncr-
occupicd, single-family detach,:d dwelling unit, or portion thereof
(including an accessory building). that provides short-term visitor lodging
(gencrally stays of thiny (30) day, or less), with or without the service of a
morning meal only. and where the operator lives on the premises. No more
than six (6) guests may be accommodated at any one time.
(2) Hotel. A building containini: guest rooms in which lodging is provided
with or wilhout meals for compensation, which is open primarily to
lrllnSient guests. but may include a limited nurnber of permanent guests.
and where no provision is made for cooking in any guest room.
Cll Hotel Extm4rd Stav-
A soccific IYPS of vi§itor accouuuodation use A buildin g comaioio s guest
rooms in which lodsios is nroxidcd in which access to guest romm is
orimarilv throush lobbies courts or bfUs with w without meal, for
comoensation which is ooen Primorilv to trnnsient sv ests but mav include
a limited nymber of P£PDAD£91 K»ests and wW provisions mox !xi made
for £OPkinR io guest moms Stt definition of"Yisitor Accommgdatioo··,
~ The City Council of the City of Englewood. Colorado hereby authorizes the
amendment of Title 16, Chapler 11. Section 2. "Definition of Words, Terms and Phrases",
of the Englewood Municipal Code 2000 and the enactment of the new pr01isions lo be
inscned in alphabetical order and to read as follows:
16-11 -2: Definition of Words, Terms and Phrases.
Hal£/ Extend<'d Swv= A SPSGific tms of viai tor accommoda1ion use A bui1ding contnioinv guest
moms in Whish lodging jt Provided in which ACCS$3 to RYCSt rooms is PriOWirilY 1hrou eh lobbies. ™' or halls wil h OI' without IDSi!IS for COPJPEDMHon which is OPCP orimnrilY 19 l@MiSPI
20
•
•
•
•
•
•
'-'UC$l!...hul m.w mclyde a .h1111tcd 11um~...o~nd...11 lw11.· nm, 1•1<.'n~ 013) }<; m;id<: ror cookmg ir L'Jl,suooms...SeeJ,lefimuou or··v,,11.,,. ~auQn:: ~ Section q. Snfe11• Clnuscs. The City Council hcrchy finds, dc1cnnlncs. nnd declares 1ha1 this Ordinance is promulgn1cd under 1he general police power of1hc City of Englewood. 1ha1 ii is promulgo1cd for 1he heahh. safety. and welfare of1hc pubhc. and 1ha11his Ordinance is necessary for 1hc prcservmion of heahh and safe1y and for 1hc pro1cc1ion of puhlic con\'enicnce and welfare. The C11y Cow1cil funher de1crn1incs 1ha1 1hc Ordinance bears n rational
rcla1ion 10 lhe proper legislali\'e object soupl11 10 be ol;1aincd .
~ Sc\'crab1!11y. I( any clause. scnl<nec. para~ph. or pan of 1h,s Ordmancc or the
application thereof 10 any person or c1rcwnstanccs shall for any reason be adJudged by a coun of
compc1cnt jurisdiction im'llhd. such Judgment shall 001 affect. ,mpair or in,'llhruue the remainder
of this Ordinance or its applicauon 10 other persons or circumstances.
~ Inconsistent Ordinnnccs. All other Ordinances or ponions thcrt'Of 111cons1>1cm or
conflicting with this Ordinance or any ponion hereof arc hereby repealed 10 1hc cx1en1 of such
inconsistency or conflic1.
~ Effect Q(repcal Qr mQdjfjc;ujon, The repeal or modificn1ion ofnny provision of1he
Code of the City of Englewood by 1his Ordinance shall not rcleusc, ex1inguish. ahcr, modify. or
change in whole or in pan any penalty. forfci1ure. or liabili1y, either civil or crimi•1.1l. which shall
M\'C been incurred under such provision, and each provision shall be 1rea1ed 011J held ns still
remaining in force for the purposes of sus1aining :iny and all proper actions. suits. proceedings.
and prosecutions for 1hc enforccnlCIII of lhc penalty. forfci1ure. or liability. as well as for the
purpose of sustaining any iudl1"1cn1. decree. or onler which can or may be rendered. ct11cn:d. or
made in such actions. sw1s. procecdmgs. or prosccuuons.
Sec1ion 9. Pennhy, TI1e Penally Pro, is ion of Sc.:1ion 1-4-1 EMC shall apply 10 each and
every viola11on of this Ordmancc.
~-Puisuanl 10 Anir1e V. Section 40. of1he Englewood Home Ruic Chnncr. 1hc City
Council has dc1cm1 ined 1ha1 !his Ordinance shnll nm be published because of ils site. A copy is
11v11ilnble in the Ollice of1hc EnglcwOO(I City Clerk.
lmroduced. read in full. and p.isscd on first reading on the~~ day of February. 2008 .
21
Pubh hcd as a U,11 ' ,ran Ordmance on the lh cLiy of Februnry. !00 •. James K. Woodward. ~ayor ATTEST :
Loucnshia A Elhs, City Clerk
I, Loucri hia A. Ellis, City Clrrk of the Cny of Englewood, Col~rado. hereby ccnify th.it 1hc
above and forcaomg is a 1ruc copy of a Bill for an Ordinance, introduced. read in full, and po scd on
first reading on the 4th day ofFcbruary, 2008.
Loucrishia A. Ellis
22
•
PROOF 01' l'UBI.ICATIO!\' TH f E N GLEWOOO HERALD S1Alt Of -CCIWIIYOf-1.AslCcill.dll_..,_,.. ...... -.. n.~-.............. ~-~11111c.,a1_11 .. c-.., alArlplld.S.olCdindo,IOII._I _,._._.,,....,_ ho,-~.........,,..,
~itNIIIC....,al-
b1paidol""""""52....,11"«1>
INfirsl~dlN__,_ ~.i'31d....,_b-• .. p,,.i 0-..al--•-Clas,Mai-,nd~-... -
-••.....-;iopswltlinll'II~ ..
INI ICI ol .. 0.,.,,1 Aslffl>lr al toe
S1111alColotlCl<I, ~Mlfch)O,
192), and'"'* 1.'l'f Nollces ,nd
-·--1C11reli"'9I>
lllep,-lnti119ondi,A,ll>Nngol~-
ord •11 J)l.lli"'11d hi Ille reg,,i,, a.cl enlro
1...., a sold ,,..,pops,..,.. uc:11 •ocl<.
oniiellfflldoydudi•••""•""10d
ol
l-->ndllllllht
lifslpdlllCIIJCIOaluij-wallllllfosut ,...., __ ~
Thtloll~alwil-••·
ll'olsMalllicl--
fmm.UQII.
Pwl6cibOnCail l l.t8a
AccNIIIN""""411' l1101111l
ttglHoKINII '11'1
an'Of-hOTICEOf"'94.JC~ -~--....... Cly c.dolllMCliyof~ Colando. ,_ Idled.., • , ... -·•""""'"'-Y O-' llilNllftf on FUIIUMY tt. ,-. at
7:JO p.n.1111 ._ Ctty CCkoNI ........... __ c.ntw, ,coo E,..,..aod P.wbi-.r, '°
plMr Input on AH OftDCHANCI
AMEHDI\IO fflt.E ti, CHAPTW &. I
AHO 11, 0, TH! UHff.0
D(WLOPIIIENT COOE Of THl
EHOUWOOO MUfftcl,AL COD£
2000, PERTAIN't'O TO HOTEU AND
EXTEM>ED STAY HORLI IN THI! M
ZONE DISTRICT.
fCo(indl&III No, 7.)
All lnt.f'Nt.d p,11JUH .., • ., llpr'IH
apln'°41• In pettclf" ■l 1ttt Publlo
HHMI Of ln wrttrnt \0 N f'KttfM
by Iha Ctt)' Clt,.-C b)' 11:00 fl-I'll. on
f •bfv•ry 1l, 2001. An)'OM wl1hlno
10 •pt,ll at 1M P\Jbtlo H■at1nt fr•'I
Gill the cny cl•~• om~.
JOS,71l:,2"1S Of :,03.761.1.,-r to
11:hadul• thek pnMntldon o,, 1lgn•
i,pt"-1.tllbe a"W■llaW.atthtlltO«,
I ~,....,...,__,cl,y = ....... _ Clo, .. _
~:::t=..w:11 ==•;=
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tOUNOL COMMUNICATION Dal e: Agenda llem : Subject : February 19 , 2008 11 a i Ordinance apprO\ing Great Ou td oors Co lorado Gran! Agreemenl fo r Duncan Park Purchase lnilialed By: Staff Source: Parks and Recreation Gary Hultberg. Recreation Manager
Jerrell Bla ck , Director of Pa rks & Recrealion
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Ordinance No. 35, Series ol 1978 -In tergovernmen tal Agreemen t between lhe City of Englewood
and Englewood Schools for th e lease of Duncan Schoo l property for park and recreational
pu rpos es .
Ordinance No. 30, Se ri es of 1984 -Intergovernmental Agreement between the City of Englewood
and Englewood Schools that returned con trol of the former schoo l buildin g to the Englewood
School Dis tri ct
Reso lution No. 82, Series 2007 in support of the City of En glewood 's Grea t Ou td oo r Colorado
(G OCO) grant applica tion for Dun can Park acquisition funding
RECOMMENDED ACTION
Staff recommends that Council adop t a Bill for ,1n Ordinance approving th e agree men t between
GOCO and th e City cl Englewood fo r the Duncan Park GOCO Grant.
BACKGROUND, ANA LYSIS, AND ALTERNATIVES IDENTIFIED
The City of Englewood and Englewood Schools entered into a lease ag reemen t for the forme r
Duncan Schoo l property on November 6, 1978 , The lease included bo th the former school
building and the property. On August 22 , 1984 , th e agreement was amended to :urn the building
back lo tl1e School District.
Afte r the Ci ty of Englewood received the property in 197 1• the sile was renamed Duncan Park and
added to 1he currenl inven tory list of park loca tions . Dun can Park is the only park loca ted in the
sotJth east qu ?drant of the City .
In 2006, the Englewood School Board voted to close Flood Middle Scho ol and to sell lhe Duncan
Park prop erty . The City of Englewood and Eng lewood Schoo ls negotia ted an agreemen t to sell lhe
Duncan Park property to th e City of Englewood . The agreement fo rmalizes the terms and
con di1 ion $ for 1he purchase of the property. The Con tract for Deed identi fi es Decembe r 31 , 2010,
as the Ona l date for pa\ment. Tl1e School Oiwict "ill re tain control ownership of the building through the 1ear 1010, The City was successful in recei, ing a grant from Arapahoe Count', ,n 20('1" 10 assist in the purchase of the Pa rk. The City wa: also successfu l In Its grant applicati on to GOCO and was awarded $200,000 in December 2007. GOCO requires the City to execute a grant agreement with GOCO 10 proceed. FINANO AL IMPACT
The total purchase price for the property is S 1,200,000. The City wlll receive S200,000 from
GO CO at the Duncan Park acqu isition Phase 2 d os in g In November 2008. Ma tching funds of
$263,336 (Arapahoe Open Space Share Back funds) and $50,000 (Conservation Trust funds) are
included in the 2008 approved budget and will complete the $533,336 Phase 2 purchase.
LIST OF ATTACHMENTS
Bill for an Ordinance
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ORDINANC'c NO SERlrS OF 2008 BY \I.ff! IORITY A BILL FOR COUNCil. BILL NO. 6 INTRODUCED BY COUNCIL MEMBER ____ _ AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
REGARDING THE 2007 GRANT OF OREA T OUTDOORS COLORADO BETWEEN
THE STA TE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND AND
THE CITY OF ENGLEWOOD. COLORADO FOR DUNCAN PARK ACQUISmON.
WHEREAS. 1hc Englewood Cily Council ou1horized on lmergovemmemal
A@Tttlllenl bclwcen lhc Cny and Englewood Schools for the lease of Duncan School
propcny for park and recrea1ional purposes ";,h 1hc passage of Ordinarn:c No. 35, I 978:
and
WI IEREAS. 1hc City of Englewood. Colorado has main1a1ned and opctnlcd Duncan
Park us o communi1y park for over lhiny years and 1he park 1s consirlercd a valuable and
irreplaceable pan of 1he Englewood park sys1em: and
WHEREAS. 1he Englewood Ci1y Council au1horizcd an ln1ergovernmental
Ab'l"Ccmem be1wcen 1he City and Englewood Schools thai returned comrol o f the former
Duncan Pork school building 10 1hc Englewood School Dis1ric1 wilh 1hc passage of
Ordin.,ncc No. 30. 1984: and
WHEREAS. in 2006 1lt c Arapahoe School Dis1ric1 No. I ( Englewood School Dis1rict]
\"Olcd to sell 1he Duncan Pork property: and
WHER EAS. Duncan Pnrk is the only Pa rk locn1cd in the southeast 4uudran1 of the
Cily of Eng.. ,1·ood: and
WHEREAS, !he Ci1y's ncquisi1ion t>fDuncan Pork is 1hc h1ghcs1 priori1y for lhe Parks
and Rccrca1ion Mosler Pion r' 11t c Porks and Recrco1ion Cmnmiss,on: and
WHEREAS. there is con, ·,,mry suppon for ke,,,ing 1h,s JXl!CCI as public lands and
free of privalc dt\'clopmc 111 and
WHEREAS, 1he Englewood C,ty Council ,s conuniucd to using gnim ond 01hcr C,ty
funds 10 acquire lhc Duncan Park property: and
WHEREAS. 1hc Englc\\ood Cily CNlncil supported lhc Grcal Ouldoors Colorado
Gmnt apphca11on for Duncan Park Acqu1si1ion Fundmg by 1he passa~c of Rcsoluuon No.
82, 2007: and
WHEREAS, 1hc City ofEnlJ!cwood applied nod was awarded a 2007 Grca1 Ou1doors
Colorado Gram: aod
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WHEREAS, 1hc paisngc of this Ordinance will au1horize the accep1ance of1hc Grcm O~tdoor Colorado Grant for 1he Duncan Park Acquisi1ion ProJect; NOW. TIIEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO. THAT: Secuon !. The ln1crgovemmen1al Agrcemenl regarding 2007 Gran1 of Great Ou1doors Colorado for the Duncan Park acquisition project. annchcd hen:10 as Am,chme111 I. is hereby accep1cd nnd approved by the Englewood City Council.
Section 2. Pwsuant 10 Anicle V. Se.:llon-lO, oflhe Eoglewood Home Rule Chaner,
the City Council has detcnnincd that Anachmen1 l, attached 10 this Otdmancc, shall not
be published because of its size. A copy is avnilnble in the Office of the Englewood Ci1y
Cieri~
~ The Ma)'Or and Cny Clerk are hereby authorized lo sign and auest said
Agremienls for and on behalf of the City of Englewood, Colorado.
Introduced. read m full. and passed on first rcadi eg on the 19th day of February. 2008.
Published as a Bill for an Ordinance on the 22nd day of February. 2008 .
James K. Woodward. Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City orEnglewood, Colorado. hereby cenify lhat
lhe above and foregoing is a ll\le copy of a Bill for an Ordinance. inlroduced. read m full.
and passed on first reading on the 19th day of February. 2008.
Loucrishia A Ellis
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JJnunry 2, 2008
Mr . Gary Huhberg
Ci1y of Englewood
!000 Encclwood Pkwy.
Englewood, 0 80 I I 0
, , 1 1 ,, 1 n I r 11,,,, 1·, r11101 l\llfJ
Re : Gron l Agreement for Duncan Park Acquisition, GOCO log# 08035
Dcnr Gary:
Congrnt ul a1 ions on receiving a grni 11 award from Greal Outdoors Co lorado (GOCO). Enclosed ore
two copies of lhc grant agreement for your projccl, Duncan Park Acquisition. Please read the
con1rac1 carefully as it will be the official agreement between Greai Outdoors Colorado and lhe grantee .
GOCO requires that all si te uddilions and improvements be recorded on the prope11y deed a1 the
completion of1hc project, before the final payment is disbursed. Please see attachment G
"Rcslric1ive Covenant" for specifics Also, please be certain lo complete lhc project location
tlddrcss nt the top of both agreements Providing the information in han 1wrillcn fonn is sufficient.
Omni funding will be wired to lhc title company for the closing, wh ic h the City of Englewood has
indicated will occur during lhe quarter from October to December m 2008, subject lo sufficient net
lottery proceeds being available lo the Board. The final report documentation must support all
project CApcnses and must provide proof l11at the incum-d expenses have been pain in full
Please use lhc following checklist to ensun: tl1e grant agreement contains all infomtalion required
for review and GOCO signature. Samples of each ore nllached .
CJ A rc1•iscd budyct reflecting the actual grant amou111 ($200.000 .00), making changes if necessary
to increased arplicant and/or partner funding lo cover any differenc e between requested Jnd
awardc-d amounts; or any other agreed upon changes that may affect the overall scope and cos t of your projec1 .
o A revised timclinc. which rcnc cts GOCO's award ualc and anticipated payment date.
Completion of th e project 11111st fall prior to December 3, 2009.
o A copy of the grnnl npp licmio n, as Sllbmittcd 10 GOCO in Augus t of 2007 .
• o A re so llllion 11 111h orizing cxcculion of the con lrn cl by lhe sponsor in g enti ty.
I\ T T A C n M E N T
Glt[A I O u1 n oo rl S C O L ORAUO Be aware that any proposed chans es lo the project must be submiucd after both parties have signed the grnnt agreements . Once agrecmcms have been signed, the request must be approved, in writing. in adva!1cc of the implementati on of the proposed changes.
The appropnate offici al identified in the resolution must sign the agreement. Please return two
signed copies lo GOCO within 45 days, or by Fcbrunry 27, 2008. Your grant may be
deauthorized if not received by th is date, so please notify us of any delays . We will return a signed
copy of the grant agreement and a copy of the submillcd applica1i on for your records.
Please note, work on the project mny not begin until nn executed grnnt agreement signed by
the City of Englewood and GOCO bas been co mpleted.
I look forward lo working with you. Please do not hesitate to call with any questions.
Grantee Acknowledgment:
On behalf of the grantee, I acknowledge that the grant amount listed
al,c,ve is the maximum amount possible to receive for this project,
and thnl GOCO's matching requirements must be met to qualify for
the full award. l nlso acknowledge that the anti cipated paymcut dates
for this grant are estimated, nnd actual distribution is dependent upon
sufficient net lottery proceeds being available 10 the Board .
Title: __________ _
~1ATl I\Ot\1\0 (}f tl ll G-.u, Ovnx.oiu CC'tt\f.AOO T•uH FUND
11,00 j\lh'AillWr.V ' 5u11 1 l{,,o f"'IINVli\. co tl 0 102
fllltll •Ht 10:, :!1(1·4\l}O f,'l\lMIII '.\(lJ fl;(,:\•7~17
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GRANT AGRE EMENT ProJect Name: Dune11n Pnrk A~uis1tion Deccmb~r 3, ~009 Project Completion Date: Great Outdoors Colorado Comract No.: 08035
GOCO:
Address:
Telephone:
Fax:
Contact name:
Grantee:
Address:
Telephone:
Fax:
Contact name:
Date:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit e
Exhibit F
PARTIES TO AG RE E MENT
The State Board of the Great Outdoors Colorado Trust Fund
1600 Broadway, Suite 1650
Denver, CO 80202
(303) 226-4523
(303) 863-7517
Aimee Wesley
City of Englewood
I 000 Engelwood Pkwy.
Englewood, CO 80 1 10
(300) 762-2300
(303) 789-1125
Gary Hultberg
January 2, 2008
EXHIBITS
Project Summary nnd Project Applic:ntion
Approved Budget
Approved Timelinc
Overdue Grant Policy
Due Diligence Checklist for a Grcal Ou1doors Colorado Loc:nl
Govcnuncnt Land Acquisilion Projccl
Rcsolu1ion
REC ITALS
A The Smtc Board of the Great Outdvon; Col.•rndv Trust Fund (referred 10 hcrci1111s "OOCO") is a politi.:al suixlil'isit•11 of the State tifColorado, created by Art icle XXVII of the ColorJdo Cunsutution. adopted at the 1\/ovemhL-r, l!/91 General Flcctio11. which article appropriates a portion of the net proceeds ofthr Color:ido Lottery Ill GOCO a11d directs GOCO to in,·cst those prncccds in the State's parks. wildlife. open space and recrcatic,nal resources. 13. In 1994, GOC:0 created a statewide grant pmgrnm, pursuant to -.hich
cligib entities could apply for land conservation project grants. Grnn tcc listed ahovc
(the "Grantee'1 submincd n detailed project application (the "Project Application") which
contemplates the acquisition of full fee title or partial real property intcr~-st(s) in that
certain rcnl property (the "Property"), as such interest to be acquired in such rea l prope11y
is described in the Project Application (the '·Property Interest"). GOCO approved
Grantee's Project Application on December 3, 2007, as described in GOCO's project
summary (the "Project Summary''), aunchcd hereto together wilh the Project Aflplication
as ~. both of which are incorporated herein by reference (the "Project"), subject
to the execution ofa detailed grant agreement, and subject to the tenns and conditions set
forth huem.
C. The Great Outdoors Colorado Use Restriction (as hereafter defined) is in
furtherance of the policy adopted by COCO, and the acquisition of the Property is
consistent with the long-range strategic plan of GOCO, which is to ensure that the
Property shall be held nnd managed in a manner designed to protect the Propcny's
natural resources nnd other open space values, to prevent development that would
adversely affect such resources and va lues, and where necessary and uppropriatc lO
ensure appmpriate public access.
D. Grantee shall obtain tl1e match ing cash and in-k ind contributions for the
Project as dt!.,;cribcd in the Project Appliculion, Pmject Summary, and ns required by
GOCO policy.
E. TI1c parties intl11<l this agreement to be the detailed i;rnnt ai;rL-crncnt
required h) GOCO (the~ Agn:cment").
AG REE ME T
SEC-l'I ON I -t>JlCJH:CT SCOl'E
NOW, THl.:REFORE, in considLT11tion of the premises contnmcd herein and other
good nnd vnlunhlc Cllnsidcrotion, the receipt and sufficiency of which ure hereby
ncknowkdged, the parties hereto agree as follows:
I. .!Jl.£Q!],orntipn of Recital~. TI1c R~-ci tals set forth nbovc arc hereby incorporated
into the tcnns and conditions of this Agreement.
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1. Gram and Proie:t. SubJccl to th~ lcnns and condit ions sel fonh in tins \grcc,nem. GOCO hereby awards to Grun1ce n t,-rnm m the amount not to exceed ~100.000.00 (the ··Grant'"), ·n,c Grant shall be used by Granlec solely 10 c11111plctc the Project as approved by GOCO. Gra111ee hus provided GOCO w11h u resolution ndop1ed by Grnntcc·s governing body au1hori1ing Cirnnlce·s ucccpiance of the Grant, suhjcc1 lO the 1cm1s und conditions of this A~~·ec mcnl. and designating an appropriate of'ficiul to sign .his Agrccmen1 on Grantee's bd1alf. Grant ee hereby agrees lO use i1s hcs1 cffons 10 complete the Project.
3. Projee1 Sa10c. TI1e ProjCCI will not be mawrially modi lied by GrJnlce without
the wrillcn approval of the Executive Director of GOCO ("'faccu1h·c Director··). Any
tnllcnnl change to the Project, whether or 1101 such change is appm1•cd in wntmg by
GOCO may resuh in a reduction of GOCO's funding award and rcquiremcnl of a refund
to GOCO from Grantee. pursuant to Paragraphs 9 and 12.D(I0) of this Agrt cmcnt. In
addition, any material change to the Project that is not approved in writing by GOCO
may result in a complete withdrawal ofGOCO's funding award nnd a tcnnination of the
Grant.
4. Approved Budget and Timcline. Grantee has completed a detailed budget thnt
reflects all anticipated sources and uses of funds for the Project, including a detailed
accounting ofGm111ee·s direct and indirect costs associated with tht Project, and, a copy
of which is anached hereto as tilii.lli.L!! and incorporated herein by reference (";Budget"') .
Eligible costs are described in Pamgruph 7 of this Agreement. Gmntc.-e has olso
completed a timeiine that reflects Grantee's an:icipated <lat.es for completing all aspects
of the Project, a copy of which is an ached hereto as Exhibit C and inool]lOratcd herein by
reference ("Timeline"). Grantee acknowledges and agrees that GOCO must review and
approve any revisions to the Budget or Timeline. The Project Applic.ition contains a
budget and a timelinc that may not match the approved versions aum:hcd as Exhibits B
and C and which, therefore, shall not be relied upon by GOCO or Grantee. Where
discrepancies exist, the approved Budget and Timclinc in Exhibits B ond C, respectively,
shall co111rol until such time ns GOCO muy approve a revision lo either or both
do,umcnts.
5. Waiver. Prior lo the disbursement of funds, the Executive Director in his
discretion may waive certain conditions sci forth in this Agreement. A0)1hing else to the
contrary notwithstanding, no exercise by tl1c S1afT, the Executive Director or GOCO of
any right or discretion reserved by them hereunder shall be deemed an election. ond no
1, aiver by 1hcm of any action or n:quircm•.111 or Grantee, including any waive'!' of the
foregoing condi tions, sh all conslllutc a waiver of any oihcr requirements, ncti11ns or
comh tions, nor shall any waiver granted be deemed a continuing v•u1vcr. No waiver hy
the StafT, the Executive Director or GOCO slmll be effective unless in writing executed
by them. Additionally, any foilurc by the Stoff, the Executive Director or GOCO to tnkc
nny actions as set fort h above shall huvc no legal effect on the conlrnctuol duties of the
Gnu11ee under this Agreement. Further, no waiver with respect to this Project, Grant, or
Agrecmcnl shall const itute n wnivcr in any ot her GOCO•funded project.
o. Fu1urc fundmg. Tins :\grccmcm and the Grnlll contc'l11platc'tl hcr"undL-r only apply t<• 1hr purchuse of'1hc Propcny und 01hcr lnle rem spcc,ficul ly descnbci.11111!11s Ai,'Tcen1cn1. GOCO make~ no rcpr ;cntations rc1,!3rding future fundmg for future phases of the PmJect or DO) other pmpcrt::, "hcthcr or nOI described in the Projc.:t Applicauon, Project Sum mary, or otherwise. S EC'TlO~ 2 -GRA~T PAYJ\l ENT
7. Elil!ihle Q,sts. The :r '.k-, ns costs arc eligible for reimbur-cmcn1 under the
1cnns and condilions of this Agr~cmcnt:
A. Interest ill Land. The purchase pnce of nny mlcrest m real property
described in ~,e Project Application and ProJCCt Summary, which may not exceed the fair
market val ue as established by appraisal.
B. Direct Costs. CoslS associated w:· · .. 'Ur,.•-· including expenses for a
title policy (i ncluding endorsements nnd other tillr ,mpany .:hargcs); an appraisal;
contract or ·'outside" auomcys· fees; an en\'iromncn lal hazards assessment; development
of a mnnagemcnt plan and baseline documenllltion; a sun·ey. if needed: a geologist's
remo 1cncss le1tcr, if needed.
8. ra,mcnt of Grant. Subject 10 GOCO' s detennination in ilS sole discretion that it
has received and ha, availnl>le sufficient net lottL-ry proceeds to fund the Grant, and
subject to th e terms and cond it ions of this Agrccmcnl , includ in g Grnntce·s fulfil lment of
nll conditions pr1.-ct:dent to funding ns set forth in Section 3 herein, GOCO shall disburse
funds for the Grant as follows:
$200,000.00 during the qunrt1.-r from Ociobcr 10 Novcmhcr of2008.
In detcnn inins the sufficie ncy of net lollcry proceeds, GOC'O may cunsid1.-r nil
focts and circumstances as it deems necessary or desirnbl.:, !ncludi ng, but not lim ited to.
adequate re!'ervcs, funding requirements and 'or commi1mcnts for other plsl, currcnl nnd
fut ure grnnls, and past, cu1Tcn1 and fu t ure GOC'O operating expenses and budgetary
needs.
9. Wi thdrnwul ofCiOCO FundingJroniDntion o[Ag,rccmCJJl. Anything m this
Agreement to 1hc contrary no1withstnnding, GOC'O reserves the right lo w11hhuld ur
withdraw all or a portion of the Grant and/or knninate this Agreement ifGOCll
detcnnin1.-s in its sole d1scrct1on thn1:
A. A/11-rcd Expccta1io11s. F:,cts hnve arisen or situations have occurred 1hn1
fundamcmally :1ltcr the cxpL-clations of the parties or make the purposes for the Project or
the Grunt as apprnvcd by GOCO infc~sible or impracticnl;
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B i\lt11ar111/ f'ro11·c1 C/11111gcs . Mmcrial changes 111 the scope or nature of the PmJ•-ct have occurred fro m 1hc Projc.:1 .,_. 11 \I as presented m the Project Applicntion, approved by GOC'O and reflected m tl1e l'roJcc1 Summary, and all such mntcrinl changes have 1101 oth1.·1wise reccl\·ed prior wnucn approva l of the ExecuL1vc Director; C. /11accuraries. Any statcm or rcprc.sc,1tation made or infomrnLion provided by the Gmntec in the rmject ,4. , .. ion, this Agreement or the due diligence materials is untrue, inaccurate or mco,, ,•lctc in ,.,:y material respect ; or
D. Condi1ion, PrCJ:edf11t Ne • Fuljillr I or U11sa1isfactory. Any of the
condi tions precedent to funding listed in ), ;1ion J below is not fulfilled by Grantee or is
unsatisfactory lo GOCO, in its sole discrc1 :o".
SECT ION J -CONDITIONS PRE CEDENT
I 0. Complet ion Dnte. Grantee shall complete acquisition ofth~ real pro;,eny interest
no later than December 3, 2009. which is lwemy-four months after tl1e dale of GOCO's
apprcwal of the Project (the "Complet ion Date''). If applicable, Grantee may n:quest an
extension of the Completion Date in compliance with GOCO's Overdue Grant Policy. a
copy of which is nttached as Exhi!!i1.Q and incorporated herein by reference, as may be
amended from time 10 time b} GOCO in its sole discretion ("Overdue Grant Policy"), In
addition to other rights sci fonh in this Ab't'cement, GOCO may elect to lt'flllinatc this
Agreement IIJld dcauthorizc the Project in the event ll1is Completion Date is not met
and/or Grantee fails IC' comply with the Overdue Grant Policy.
11. Gm'llce's lnahjljty 10 Complete Pmj.·•t. lfGmntce detenrnncs with reasvnable
probability that the Project will not or canoot be completed as approved by GOCO,
Gran tee will promptly so ad\'isc GOC'O in writing. Upon wnllen request by Gruntcc, as a
possible altcma11ve I, termination of 1l1c Grant, GOCO may consider funding one or
more oltcmalivc projccls, Any such allcrnutive projects must meet GOCO eligibility
rcquiremcnls then in cfl -ct and must be approved by GOCO in writing, and shal l be
subject 10 the lcm1s and ·ond t1ions oflhis Agreement, including, but not limited to, the
due diligence rcquircme, ts de.scribed in this Secti on 3 -Conditions f'rcccdcnt. Gra:11ce ·s
wriucn request for consi,k rnlion of ah emotive projects shall set fonh in reasonable dctml :
A.
includmg t
number of
I <'gal Descr,pllu, A legal dcscnp tion for the proposed propcny,
mber of acres to be acquired (which shall be substantially cquul to the
11llribul nblc lo the Propc11y);
B. Aflpraisal. A qualified real estate npproisal or other infonnntion initially
occcrtablc to GOCO substnntioling dmt the proposed propeny is equal to or greater in
value tlian the fair market value ufthc Propcny;
C. Public /'mposc. lnf,1m1,mon substan11n1ing that th~ proJect rmrvscd as an altcma11w to the l'n>Jccl wil l serve a p11hlk puq1o sc (1dcn11fymg whut purptisc would he scrwd I and 11111 bcncfil a pri·.-ule devcl11pmcnt. 12. Conditions Precedent 10 [u11di ng. Grantee ucknowledgcs thnt any acqu isn ion of the l'ropcrty prior to fulfillment of the wnns and conditions of this Agreement and tl1c disburse ment of funds by GOCO is 11ndcrtakcn nl Grantee's sole risk and mny ca11se a forfeiture of the Gra11l. Anytl1ing else i11 this Agreement or otherwise to the co11trary notwithstanding, the Grant is conditional and is expressly conditioned upon Grantee 's
fulfillment ofnll tc'l11s and conditions of this Agreement lo GOCO"s satisfadion in its
sole discretion, includini;, l,ut not limited 10, the follow in g:
A. Marching Funds. Matching funds in the minimum amount set forth :n the
Project Apphuition and l'rojccl Summary must hove been rece ived by Grantee, or the
status of efforts to secure matching funding were disclosed to GOCO staff and have hccn
deemed satisfactory by Goro.
B. Due Dilrgc11cc. GOCO stalT(the "Staff') shall conduct a due diligence
review of th e Project, the results of which must be satisfactory to GOCO in its sole
discretion. Grantee shall assis t and cooperate with the StnlT in conducting such due
diligc-nce review, and in COMCC!lon therewith shall provide the Staff with the followin11
documentation and infonnation, ns well ns such (lther documentation and/or infonnation
as the Staff shall reasonably request. GraP!ee shall have th e dut y 10 update all such
documentation and infonnation as necessary to reflect material ch.1nges from the date
such infomia1ion is originally prrw.ded to GOCO. GOCO may in its sole discretion
tcnninate this Agreement and dcauthorizc the Grant if Grunll-C fails to provide nny
infonnation or documcntution promptly when requested by Staff or as oullinw m the Due
Dili11cnce Checklist for a Grc.11 Outdoors Colorado IAlcal Government Land Acquisition
Project. attached as Exhihit E and incoll)Oratcd herein by rcfcrcocc, as may he amended
from tnnc-to-time by GOCO in its sole discretion ("Due Diligence C'heckli~t") The
Gran tee hereby ack1 1owlcdges thnt ii has received o copy of the Due Diligence C'hecklisl.
or othc..-wisc has access lo the docunK-nt in connection with this Agn:emenl :ind is
familiar with its requirements.
(I) Where necessary, written c1•idLi1cc that all l)<.'1111its and approval•
rcquir~cl for rrojL'CI completion u11dcr applicable local, state and federal low~ and
regulations have been ohtuincd.
(2) Any and all matenal revision~ 10 the Budget, a~ required in
Paragraph 4 ohovc.
fl) All documc!lls lislccl in and rcqmrcd by the Due Diligence
Chcd..lisl. This Agreement is subject 10 the additimml tcnns, conditions and provisions
in the Due D1ligcnce Chc'Cklist. as may be amended from time to time by GOCO in 11s
sole ,hscrction.
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C. £111·irn11111emal I /a;onlv ,'1.,.,r,, 1111~111. 1\11 en, 1mnmcmal ~arnrJs a~,.:s,mcnl ~hall b.: conduc1cd as pan ofGOCO's n:,1uin:d due diligence process 10 conf-111 \\l·~lhcr or not mining ac1h·i1ics ha,e lcfi the propcny in a hazardous condi1ion. If 11,~ en,ironmcnlal hazards asscssmcm indicaics 1ha1 the dis1urhed acreage ,·<>n1,1ins a possib11-environmcntal hazards condilion, 1his grant is condi1ionl-d upon subsututing lh~ acr~uge that has been disturbed by pas1 mining acli\'ities \\ith adjacent acreage t f pr,)pJ -ca equhalent size and value.
SECTION .i -OTHER PROVISIONS
13. Puhl icily and l'rojccJ In forma t ion. GOCO has the right and must be provided t~e
opponunity to use information gained from the Project therefore, Grantee shall
acknowledge GOCO funding in all news releases and other publici1y issued by Grantee
concerning the Pr(~cct . If any events are planned in relationship 10 1hc Project, GOCO
shall be acknowledged as a conuibutor in the invitation for the even1. GOCO shall be
notified of any such events thiny (30) days prior to their scheduled occurrences. Grantee
shall cooperate with GOCO in preparing public infomiotii,n pieces nnd providing slides
and photos of the Project from time to time .
14. Signaee. Grantee shall erect II sign at a visible lo . 1ti on on the Project si te
acknowledging the assistance of Great Outdoors Colorado and the Colorado Lottery.
Such signs can be obtained through Great Outdoors Colorado, or the Board will provide
reproducible samples of its logo 10 the Grontce for custom signs. If n custom sign is
desired, plans describing the number. design. placement, nnd worc1• -,I of signs nnd
placards shal l be submitted lo the Board for review and approval , , to completion of
th e Project. Final payment may be withheld by the Board pcndini; pluccmcnl of signagc
in the manner approved by the Board
I 5. Linhility.
A. h1de1111111y. To the extent allowed by law. Grantee shall be responsible fo r.
indemnify. defend and hold harmless GOCO. its officers, ugcn1s and employees from any
and all liabilities, claims, demands, domoges or costs (including reasonable nttomey~·
fees) resulting from. growing out of, or in any way connected with or incident 10
Gmntec·s performance of this Agreement. Gmntcc hereby waives nny and nil rights 10
any type of express or implied indemnity or right of ctmtrihution fmm the Stntc of
Colorado, GOCO. its members, omccrs, agents or employees, for any liabilit)' rcsultmg
fmm, growing oul of. or in any \\llY connected with or incident to this Agreement.
B. No CG/A ll'uil'er. Anything else in tl1 is Agreement to the co ntmry
notwithstanding, no tcnn or condition of this Agreement shall be construed or interpreted
as a ,vniver, either express or implied. of any of the immunities. rights, benefits or
protcc•ion provided to GOCO unuer the Colorado Governmental Immunity Act os
amended or as nmy be amended in the fu ture (including, without limitation, any
amendments to such statute, or under any similar statute which is subsequently enacted)
· (\rl,\ "). This pro1·ision may appl) IO the Grantee ,f the GrJntec qu.ihfics for r 1tc~1i,1n under the Colorado Gol'crnmcntal hrmunit) '\ct. C R.S. §24-10-101. ct seq. GOCO and Grantee und~-r.;tand and ai::rce that liability for claims for 111,1urics 10 pt,'l'S0ns or property nrismg out of the ncglit -nee of GOCO, its mcmr•·rs, officinls, ugcnts und employees may be controlled and 'or limited by the pmvi',UII , of the CGlA. The pnrtics agree that no pm vision of this Agn:cmcnt shall he constrwd •n such a manner as 10 reduce the ex1 ,11 10 which the CGlA limns the liabilit) of GUCO, iLs members, officer.;, agents and cmp 1nyecs.
C. Complta11cc with R<"gulatol)• Rl'q1111·cmc,m a,,u' Federal and State
Manda re.,. Grantee hereby assumes responsibilit) for compliance with oil regulatory
cqu ircmcnts in all applicable area1, includ ing but not limi tt:d 10 nondiscrimination,
v.orkcr safety, local labor preferences, preferred vendor programs, equal employment
,µp0rtuni ty, use ofcompclllive bidding, and 0111cr si milar rcquiremcms. To the
maximum extent pennittcd by law, Grnntcc hereby B!,'fees to mdcmnify, defend nnd hold
hnrrnlcss GOCO, Executive Di rector and Staff from any cost, expense or liability for any
failure to comply with any such applicable requirements.
D. No11discrimi11ario11. During the perforrnunce of this Agreement, Grantee
and its contnictors shall not unlawfulli discriminate against any emp loyee or applicant
for employment because of race, religion, color, national orisil\, ancestry. physical
h~ndicap, medical condition, marital ~tntus, age or sex, and shall c.,mnly with any other
appli cable laws proh ibiung discrimination. Gront,c and its contmt~n• shall ensure that
the evaluation and treatment oftl1cir employees anJ apphc.tnts for employment arc free
of such discrimination.
16. Audjts and Accou111jng Rcconls. Grantee shall muintnin standnrd fimmcia l
accounts. documentS, nnd reco,ds relating to the acquisition, use, management, operation
and naintcnnnee of the real property interest The accounts. documents, and records
related to acquisitim• 1flhe real pro1m1y interest shall be rc1rtined by Gnmtec for five (5)
ycurs foll owing the date of disbursement by GOCO of the Grant funds under this
Agrec.1ncnt, and shall be ,ubjeet to euminalion and audit by GOCO or its designated
agent during this pcno<l. All accounts, documc11ts, and records described in this
J''ll\tgraph shall he kept 111 accorda nce with generally acc~1llcd account ing principles.
17. Pn>icct Opcrntipns and Mo1111c11ance Gra.11cc aL'l'CCS:
A Grantee or its successor will operate and main ta in the Project in a
rcasonaMe state of repair for the purposes specified in the l'roJCCt Application for at least
2S year.<, m accordance with genLTOlly accepted stundards m tl1c parks/rccrcation/wildlifc
cummu mty. TI1e parties understand and agree that the Board shall not he liable for any
cost o f such maintenance, mnnagc111cn t or opcrution.
B. Grantee will, upon request, pro, ide the Board with the op<.1111ing and
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muintcmmcc costs of the Project, and give th e Board appropriate mfonnation concern in g •
the use of the Project by the public and tl1e impact of the Project.
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18. Rrc;ich In add1111 ,. ,uc h mhcr remedies as sh,tll ·,.. ·•·.<.i!ablc at law or m equity, in the event that Gr.m'cc hrcnchcs any of the trnns vr con~·lil•ll• of this Ai;rcement, GOCO shall hu\c ,he follnwing 11!111•cxclusi ve rcm1·dics: A. Prior It• Pnymcm 'Grant. GOCO r~~ervcs 1he righ1 10 withdra" funding and/or 1cn11inu1c this A~ec, .. M1
B. •ft~r Paym~nt of Grant. GOCO reserves the nght to seek equitable relief
and/or allot~ 1 emedics as available 10 it under applicable low, including but not limited
t1, return of all or n ponion oflhe Grant as provided herein, Further, GOCO rcsetvcs the
right to deem Grantee ineligible r~,r panicipalion in future GOCO gmn~~. loans or
projects.
19. Miscellaneous Provj~ions.
A. Good Fauh. Both panics have an obligation of good faith, including the
obligat ion lo make timely co mmunication of infonnation that may reasonably be believed
to be of interest to the other party.
B. Assignment. Grantee may not assisn its rights or delegate i1s obligations
under this Agrecmenl without the express written consent of the Executive Director,
Consenl to assign this Agreement may be withheld in the sole discretion of the Executive
Director.
C. Applicable law. Colorudo law applies to the interpretation nnd
enforcement of this AgreemeoL
D. Sraws a/Grantee. TI1e pnrtics ncknowledge that GOCO lacks 1he po, '1"
ond right to direct the actions of Gran Ice. Grantee acts in its separate copucity and not ns
:m officer, employee or agent of GOCO or the Stale of Colorado.
E. 7"imc is of the Essence. Time is of the essence in this Agreement.
F. Sun-ival. 111e terms :md provisions of this Agreement and Grantee's
obligations hereunder shall survive the funding of the Grant and the acquisition of, and
nny future conveyance of, th e real property interest by Grnntcc.
G. Fax and Counterparts, This Agrcctncnt may be executed in one or more
counterparts, each of which shall be an originnl, but all of which when taken together
shall constitute one agreement. In addition, the pnrtics agree to recogni ze signatures to
this Agreement transmitted by facsimile as if they were onginal signa1ures.
H. Third Party Beneficiary. GOCO and Grantee her~by acknowledge and
agree that thi s Agreement is intended only to cover the relative rights and obligations
bcm cen GOCO and Grantee, :md thal no third party beneficiaries arc intended.
I. No11cc. Any notice, demand. n.-qUL'St, conscm . .ipproval or cc,mmumcauon thut either parly dcsll'cs or is required to give the other shall be in 1-riting and euhcr served pcrson ull y or sent by first cluss mail , postage prepaid, to lhc addresses shown on Page I of this Agreement J. Co11stroction; Sc,vab,l::i•. Each party hereto has reviewed end re, ised (or request eel 1·cv1s1ons ol) this Agreement, and therefore, any usuul rules of construction requiring that ambiguities arc to be resolved against a particular parly shall not he
applicable in the construction and interpretation of this Agreement. If any provision in
this Agreement is found to be ambiguous, an interpretation consistent with the purpose of
this Agreement that would render the prov1~ion vahd sball be favored over any
interpretation that would render it invalid . lfnny provision of this Agrerrnent is declared
void or unenforceable, such provision shall be deemed severed from this Agreement, and
the balance of this Agreement shall otherwise remain in full ft'~.:c and effect. At any time
when this Agreement refers to a pany·s ability to act or ma~e determinations or decisions
with discretion, this Agreement shall be construed to per:,1it such party to act and to make
such deterrninnllons and/or decisions in its sole discr-=tion.
K. entire Agreement. E,-cept as expressly provided herein, this Agreement
constitutes the entire agreement of the parties. No oral underslOllding or agreement not
inrnporated in this Agreement shall be binding upon the panics. No changes in this
Agreement shall be valid unless made in writing and signed by the parties to this
Agreement.
L. T•rmi11111io11 of the Board. If Arli elc xxvn of the Colorado Con.~titution,
which established the State Bonni of the Great Outdoor Colorado Trust Fund, is amended
or repealed to tC'ITTlinate GOCO or merge GOCO into another entity, the rights and
obligations ofGOCO hereunder shall be assigned to and a~sumed by such other entity as
provided by law, but in the absence of such direction, by the Co lorudo Department of
Natural Resources or its successor.
IN WITNESS WHEREOF, the parties by signature below of their authorized
1011rcscntatives e,-ccutc this Ab>TL-ement effective as of the _ day of
-------'' 2008 .
STATE BOA RD OF THE GREAT
OlffDOORS COLORADO TRUST FUND
By:--=---------
John Swanout
Executive Director
GRANTEE:
By:-----------
Title:
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GREAT OUTDO ORS
COLORADO
LOCAL PARKS AND OUTDOOR RECREATION GRANT
APPLICATION FOR LAND ACQUISITIONS
City of Englewood
Duncan Park Acquisition
GOCO 's MISSION: To hdp the people of Colorado
prc.crve, protect, e11ha11ce, appreciate and enjoy our
park•, wildlife, trails, rivers and open space through
strategic grants. parlllerships and leadership .
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AP P LJ CA TI O N C HECKLIST Please check the items belo" tv ensure that all required narratives and attachments have been included in your application subminai pr , •. to mailing Checkfat should be signed by the project contact anti submitted to GOCO. IMP O RT ANT: l'lcusc si~n the foll owi ng ccr1ificn1 ion nnd SU BMIT th is chec kl is t to COCO. Please be sur e to check each box below, inditatlng that th e required informotion hos been included in the appllcallon pockngc.
"All of illformnlioll requested he/ow is included witlt the project application. "
Contact's Titlc: __ ---"'M.,9 .. n .. ng,.c"'-r~o~f~R~ec~r~ea,,,t,.,_io'"n~------
Application Datc: __ ... A.,,u.,.gu,.s .. t-"2..,7 • ..,2,.00=7 ________ _
✓ Sig ned Applica tion Checklist
✓ Signed Summary Fonn
✓ Required Anachmcnts to Eligibility Criteria:
✓ Budget
✓ Tirnelinc Form
✓ Lener including I) suppon for project, 2) management capability, and 3)
ability to complete the project
✓ Response to Selccuon Criteria Questio ns (narrative descrip tions on your own paper)
✓ Required Auachmcnts lo Selection Criteria:
✓ Site Map
✓ Local Map
✓ Regional Map
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LOCAL GO\'ERX~I CN T S M-'IARY FOi< \I PARTICIPANT INFORMATION Applicant: Cil of En lcwood 2. Applicant Address· Englewood Kecrcation Center 1155 West Oxford Avenue
En~lewood, CO 80110
). Applicant Contact Name:
Primnry Contoct? ✓ YES O NO
Title: MonagerofRccre,llion
Telephone#: 303-762-2682
Fax#: 303-762-268S
E-mail : ghultbtrg/Q\cn~l•woodgqv.org
4, County:
Arapahoe
PROJECT INFORMA T/ON
9. Project Title:
Duncan Parle Acquisition, City nf Englewood
5 Primary Panner(if nny): 6. Pnnn~r Address
7. Panner Contact Name·
Prirrury Contact? t
Title:
8.
Telephone II;
Fax#:
E-mail:
City:
(ff applicable)
NO
I 0. Provide the following fin1111cial summary for your project All sources must be eligible costs; a
sample budget for examples of sourtes and uses of funding is llltachcd. lden11fy co ', source of
f\Jndins for this project all eligible costs and matching funds as needed.
Snurc1,,~ orFund~:
Grout Requ est: S 200,000
Applicanl (cash): S 333 336
Applicnnl (in-kind): s
Panner (cnsh):
Ponner (in-kind): s
To tal Sources: s 533,336
11 Dc:.:ription of Project
Duncnn l'nrk Acquisition
U~e!'./Co~t~:
Purchase Price: s m,3J6
Other (specify): $ _____ _
$ ____ _
Total Proj ect Cost :
The Ci ty of Englewood seeks to acquire ow nership of approximately 3.3 acres of land presenlly
owned by Englewood Schoo ls. The lnnd, fonnerly an elcm~ntary school si1c, hns been leased to the
City of Englewood and opera ted as o neighborhood park sinct 1978. Excluded from the City lease is
the 6,126 square fool school bui lding 1hot Englewood Schools leases to o local church ns a childcare
center. Englewo:ld S~hools has publicly announced its intention of selling the cnure site. The
property is Loncd R-1 B (medium l01 siLe, single dwelling urut residcn1ial district). Perrruucd uses under this zoning include single family residr.mial, small group living facility, park, religious assembly and school Although a sitnilkar.1 portion of the propeny is used as a park, the park is not dedielllcd and a developer could remove the improvements and cons1ruc1 single family homes The City of Englewood has 1dcn1ificd the acquisition and continued use of the site as a public p3rl. a high priority. Duncan Park is the only park serving the southeast area of the City. The C11y of Englewood signed a con1rac1 for Deed of Sale w11h Englewood Schools on August 6, 2007. The contract calls for a thrrc-phased parcel purchase of Duncan Parle over a four year period. This GOCO grant requc,i is for the purchase of Phase II (8 lots, 1.47 acres}. With GOCO grant funding and the
City's marching funds, Phase II purchase will be completed in November, 2008.
Da1e:
Printed Name and Title: /eqell Black. Director of Parks and Recreation Darc:_=R/-24=/0=7 __
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Charuclcrisr ic,. P roper!) Dcsrriprion :and Qunliry Characteristics: The Cuy of Englc\\ood 1s lc.:a1cJ tn 1he south mctropoli1Jn Dem·er arcJ in nonhcm Arup~lmc C11un1y \\'i1h a r,..,pu lntion ,,f ,1.000, Englewood has hccn described as "a mc1ru(ll1litan city" ith small !own chann", The Cny's rc>1dc1111al areas inc lude n mix of housing styles ns we ll as cs1nblishcd schools. parh, recreational facilities and trni l systems. The Brood way, U.S. 285, and Federal Bnulcva rd eom<lors ,cl"\c 1hc City's co mmercial needs, nnd the San1a Fe D1we/Sou1h l'l a;ic Ri,cr corridor prov ides a woni: 111dus1rial employment base. The hean of1hc City includes
a traditional downtown shopping dimict, located no1th of the Broadway and U.S 285 intcr.:hange,
nankcd on the west by CityC'cntcr Engle\\ oo. nn award wiMing transit oncn1cd project
incorporating multi-family housing. offices and cmp!oymen~ a mix of rcta1lcrs and c1, ic and
cultural facihties. To the C3SI, Enr•lc11·ood 1s home to Swedish and Craii; M~-dital Ccn1crs. The
median home price in Engle11 ood 1s SlOll,000, median household income i.; S44.191 .
Duncan Park is curren1ly owned by Arapah<,c County School District# I (Englewood Schools)
Fonnerly an elemen1ary school si1c, the 3.31 acre parcel has been leased by 1h~ City nnd
main1aincd and c,pcratcd as a neighborhood p:irk for 1hiny years. The park has lypical amenities
inclu~ing a playground, picnic areas. a basketball coun and infonnal ballfields. The silt also
includes a sma ll school build ing, prcsen1ly leased to a private school for chi ldcnrc.
Englewood Schools has agreed to phase the purch~se. nll01ving the City to put1lue grant funding
and accumulate Consel"\•a tion Trust Funds and Arapahoe County Open Spncc share back funds 10
complelc the acquisition. The propcny hos been divided into three parcels (Addendum E). Parcel
#I is comp1ised of four lots and is currently used as infonnal balllields and play area. Parcel #2 is
compris,-d of eight lots and includes picnic ureas, a basketball coun and playground. Parcel #2 is
rhc subject of this gram application. Parcel ~3 includes the school buiiding. The purchase of
Parcel #3, to be completed in 2010, will complete the three phase purchase and allow for
demolition of the building and redevelopment of the p:irk per the City's 2006 Parks anJ Rccrcalion
Master Pinn. Duncan Park Is the only neighborhood park in the sou1hcas1 area of En~lcwood and
is a cri11cal componcnl of the Ci1y's pork system.
Geo graphic Areas and N,11ural Vulucs:
Dunca n Park is loca1cd in 1hc southcus1 rcsidcntinl area ot'the Ci ty ofl2nglcwuod. know n as 1he
Harper Subdivision. The neighborhood is primarily older single f11mily detached rcsidcn1ial. Wi1h
o relatively 0a1 lopog,ophy, 1hc IOtJI park acreage is 3.31 acres. Parcel 112 (subject propcny) is ,~c
sou them most parcel comprised of eigl11 lots Each l01 is 7,980 square feel for a 101al of I A 1 acres.
The propeny i~ 001 lowed in or nearby a one hundred year flood hazard area as idcn111icd by 1hc
Federal Emergency Management Agency
Scctionl"f ownship!Rangc 2077-104-14-001 55-68\V
[ti\ iron me nt:il l-latards:
The Duncan Park sile was purcha~ed by Englewood Schools as vacunt fannland in 1951 . The
propcny use has been elementary school nnd park land since that d,11c. Englewood Schools has
conducted n phase I environmcnml and 1hc subjt'tt parcel has been found free of cnvironmen1al
con1a111inatio n .
.i\ccess: T he park nnd subJccl pared •1 .re su1Toundcd b) re<i,.:n1ial rncc1, lhJI pro, idc on-mcc1 park111~ 10 the nonh, CJSI and wes1 Tho pnrk ond parcel #2 arc bordered on 1hc S<>uth hy single family rc,1<knunl Enrumbrnnccs: The subject ,1rccl is free f encumbrances an,1 '" ooundJry lispute\ o\li ncrol Rights:
No mineral rights ha,.., been Se\'crcd or SJnd and gm·cl righ1s conwycJ on subJect propcny.
Water Rights:
Nu well or" nter rights an the propcny. E.Jusung \\aler mps us<.-d 10 1mga1e the park 1re included
in the purcl·asc price.
Transaction Details:
Duncan Park parcel #2 (subject prope11y) is 1.47 acres. The City of Englewood and Englewood
Schools hove just recently, August 6. 1007, exccu1ed a Contract for Deed for the phase purchase of
Duncan Pork. The contract allows for a three parcel, three ph:isc purchase of 1hc 3.31 narc park
The 101al agreed purchase price is Sl.2 million, phased as follows: Parcel #I (.74 acres),
$226,667; Parcel #2, subject propcny. (I 47 acres), $533,336; and Paiccl #3 (I I acres), $4(Yl,OO0.
The City intends to purchase Parcel /11 with Arapahoe County Optn Space shore back funds and
an /\J'apahoc Counly Open Space grant received this year. Anticipated closi~g on the Parcel #I is
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October I. 2007 . The City plans to purchase Parcel #2 (subject propcny) with Conservation Trust •
Funds. Arapahoe County Open Space share back funds ond a GOCO grant with an anticipated
closing of November i.UOS. The purchase of Pnrccl ~3 is required to take place by year end 2010
with the City planning 10 use Conservation Trust Funds, Arttpahoe County Open Space funds and
other city funds lS they become available. If successful, the City plans ?n using GOCO funds
within one year of grant award, November 2008. The appraised value of the subject propcny
(Parcel #2) is S533,336. The appr:1;50] was prepared for Englewood Schools by Jnmes 1,_eal Es1ote
Services, Inc. on January 16, 2007. The appraisal was based on the propeny's cumnt 1.oning of
R-1 B (s ingle family dcrnchcd); highest and best use being single family residential with 7,980
square feet lots valut-d at 566,667 cac h.
11. Current and P roposrd Uses
Duncan Park and the subject propcny have been in use as a park tor thirty ycr.rs under a lease
agrecmc111 with F.ni;1cwood Schools. Englewood Schools has been experiencing dec li ning
enrollment for several years creating o critical budget dclic1L Fcrlhcr projc·1ed declining
enrollmcm (48% building rn11aci1y in 2007n008) n.-sultiu~ ,n dccl 11,mg stntc revenues led to lhe
School Board fonning a Financial Advisor/ Commiucc in May 2(1()6 . The 1wo most signiflcan1
rccommend31ions of the comnuuec was to l) ,ell 1he fom1er Duncan School site and 2) combine
the two existing middle schools into one, allowing for 1he sale of the other. The hquidntion or the
two propcnies wou ld signilieamly reduce 1he distric1's opcrn1ion and mainlenance budget and
provide needed mcnue for capitsl mom1cnancc within the district. Consequently. the City was
faced wi1h lhe potential of losing one or its most popu!ar neighborhood parks.
The Ci1y ha, workl-d dihgcntly with park neighbors. youth spon associations and Englewood
Schools to protect lhc park from prwatc de•·~:v1,..,,ut. Englewood Schools has Ollf"<.-d to rhas.: the •
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s3le llf thc total park l ro?crty b} d111dmi; 1t into thr<:• par.els fhc mtont ,, h> Jilt>" the CII) tune to acquire the necessary fu nding The last property 10 be purch3MI by the C11y. Parcel #:I, mclu 1 , the sm~1; school bu1lding,which the schMI d1s1rit t will commu c to lcnse In a pm•a1c school for childcare The lease will cxpuc ""h 1hcCu)'s plu,< 111 purchase in 2010 . The Cny's Parl. \laster PIJn, adopted in 2006, cJlls for the rcn:oval of the building allo\\m~ for redesign 3nd development of the complete park sue. Fururc park dc\'ciopmcnl will be guided by the Parks and Rccrca1i nn Master Pl~n and an aggre-;me public process including neighbors. u<cTgrcups and public officials.
The property's current nnn proposed uses arc consis tc11t with a typical neighborhood park in a
mc1topohrnn environr,cnl. There will be liulc impact Ln wildlife 3nd wildlife habitat.
Aeccsslhility:
The Parks and Recreation Master Pinn idcntilic.s a need for an ,ntcmnl trail/paved walk system lo
be incorporated into future Duncan Park redevelopment plans . The City has also developed a
Moster Bicycle ?Ian 1ha1 serves as an addendum 10 the 2007 Englewood Comprehensive Pinn
The Plan emphasizes the need for a system of on street "continuous connecuons" bctwe,:n
neighborhood parks, recreation centers and the core commuter tn,il system. Duncan Park is
connected in the plan by proposed bike lanes via Chenango Avenue.
TI1e acquisition of Duncan Pon: protects an existing neighbort.ood park integral to the City of
Englewood's park system. As previously discussed. Duncm Pm's location is critical to
maintain ing park land in the southeast area of the City. ~<eplaccmcnt of the park is not feasible
The City of Englewood is a land-locked co mmunity with very litt le urban land available for park
development Englewood hos a 101al of seven neighborhood parks, three community parks, three
pocket parl<s, twc, natural .1reas, two sport complexes and four rccreation facilities
Most neighbors access the park by foot, bike or shon drive. User groups such as Englewood
Soccer Association assign soccer team practices by school areas; consequently, most soccer team
panici~nts reside within a short drive distance. 11,e park can also be accessed by bus on
Broadway (5 blocks west) or Belleview (3 blocks south).
Adjace nt a nd Nearby I.and Ownership and Us es:
The subject propeny is wncd R-1 B (single family detached). Because the cum·nl zoning allows
for public park land usage, we do not anticipate a zoning change
The sutTOunding prope 11y is a resident ial subd ivision bordered by the Broadway retail co1Tido1 to
the west and Bellc.,icw Avenue State Highway 8810 the south.
Project Need and Urgency
Duncan Pork is the only neighborhood park in the southeast area of the City and is an integral pa11
of the City's park system. Englewood has 191 acres of parks and open ,pace on twenty-five sites.
Seven sues arc neighborhood parl<s (3112 acres). With the loss of Duncan Park, Englewood's
service level of neighborhood parks would drop below one acre per 1,000 population. The
Nat ional Recreat ion and Park Association's recommendation is two 10 tlu·ce acres per 1,000
population. The park is heavi ly used by nci~bors and youth sport associations for organized
practices When it became Jpparcnt that Englewood Schools intended 10 sell the propcny due 10
finan:iJ I neeJ. there "a~ o ground S" ell or srassro<1ts ''"Pi'<'"' for ,a, mg the f'lrl led b) a group :allc<l "Duncln Park Kc1ghbors" Englewood S0<;,cr .-\ss"'-1u1i on 1va1 also ,cl) concerned about ,he loss orsc>.::er p:lctt.:e fields which uccommooatc as many as four nfthe assc,ciation's twcnty-fhe teJms in the spnns and fall o r each year Alternam·e praeucc arc;i_s dre not a,·ailable, pa111,ularly in the southeast nrea or En~lcwood . As a result, Engle"ood Cn) Council and the Parks and Recreation Col1\miss,on responded by identifying the park acquisition ns u very high prionty The luss of Duncan Pnrk to priva te development 140uld be dcvasLJtmg 10 Englewood residents in the southeast area of the City and impm the currently limited arc.is for youth spons playing fields The GOCO grant for phase II
purchase is critica l to the City or Englewood and Englewood Schools plan to transfer ow:1ersh1p of
the property in total by !0 I 0.
Englewood City Council O,dinonce No. 42 ( AAdcndum f) und the Con tract for Deed exccuied on
August 6, 2007, (Addcndt•m J) both speak ofth,: need 10 phase the sale in order to facilitate the
Cil) 's pursuit of grant funding in addition to alkwing the City time 10 bank Conservntion Trust
Funds and Arapahoe Open Space share back funds as the primary funding sources for 1wrchase,
This grant applic2 ,on for phase II purchase includes a S200,000 grant request and S333,336 in
ma tching funds fo r a tota l of S533,336. Wuhout grant funding in 2008, the City's ability to use
Conservation Trust Funds and Open Space share back funds will be severely restricted. This will
resull in deferring long planned and needed expenditures for p:irk infrastrUcture Englewood
would also be restricted in participatin g in local and regional trail connections and open space
acquisitions with our partners in Denver and Arapahoe Counties.
IV. Pu bli c Process and Plan
The City of Englewood Parks and Recreation Master Plan was adopted in 2006. Although
Englewood School's neetl'in1c111 of sell ing Du ncan Park was not known or anticipated during 1hc
plarJ1ing process. the lack of park ar.reage in the southeast area of the C'ity was well documented
(Addendum K).
A~ previously discussed, support for saving Duncan Park from d, ·lopmcnt was led by grassroots
ne1;1hborhooJ groups ond user groups These groups auended ma y Ctty Council and School
Boni·d meetings and have been suppottive or grant applict111ons (A ldcndum , N Jnd 0),
V. M 11 t ch ing and Lc\'craging of Fu nds
A s11c.:essful GOCO grant awnrd ofS!00,000 ml•' City's match oi'S1 13,336 will complete thr
p~Js: II purchase of Duncan Pork; eight lots 101,,. t, 1.47 nms GOtO grant funding of
$200,000 will be leveraged with $263,336 f'l!m AropJhoc Open Space share bock fu nds, S50,000
from Conser\·ation Trust Funds aod the Ci:,· , ,;,sh matc'i of $20,000 for a lot al phase 11 purcha.,c
price ofS533.336. These funds arc currently 1n<:l11ded in the City's 2008 propo~cd budgeL Phase
I and 11 1 of the Duncan Park purchase, although not n pan of this phase II gm11 opplicnt ion, are
similarly structured to match grant funding with City funds received from the Conservation Trust
Fund and Arapahoe Open Space Fund. The total acquisition cost (phase I, II ond LIi) of Duncan
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Park is Sl.2 million. !four GOCO grant is succmful, S450,0(l0 of the 10101 park purchase price •
will be grant funded with the remaining S750.000 provided by City funds (ie : Conservation Trust
• VI.
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Funds, Arapahoe Open Space funds), Englewood School's lcuer of suppon intent is attached (Addendum L) Partnership and Supp ort Although me Ct,y does not ha,e financial pannm for this project, we have worked very closely with EnglcwO<YJ Schools and the park user groups to keep the park in public hands. Duncan Park neighbors and user groups have all been involved in the public master plaMing process relative to the 2006 Park;; and Recreation Master Plan and a:c cager to participate in future park redevelopment planning. With City ownership< r :he park and removal of the current school
building, there arc many exc iting possibilities frr Duncan redevelopment. As previous!;
mentio ned , Englewood was successful in obtain .. i; a Phase I Duncan Park Acquisition grant of
$250,000 from the Arapahoe County Open Space program .
• Appendix Addendum A Projcc1 Budge, Page 11 Adduidum B Timclinc P3J!C 12
Addendum C May or's Leucr Page 13
Addendum D Council Resolu1ion Page 14
Addendum E Phased Purchase Map Page 15
Addendum F Sile Map Page 16
Addendum G Loco! Map Page 17
Addendum II Regional Map Page 18
Addendum I Ci1y Council Ordinance #42 Page 19 • (Au1horizing Con1rac1 for Deed)
Addendum J Contrac1 for Deed Page 21
Addendum K Park and Recrea1ion Master Plan Page 28
Addendum L Suppon Lener Page 29
(Englewood Schools)
Addendum M Suppon Lener
(Parks and Recrea1ion Commission)
Page 30
Addendum N Support Lener Page 31
(Duncan Par!. Neighbors)
Addendum 0 Supporl Lener
(Engiewood Soccer Associa11on)
Page 32
• • • BU DGET FORM SOURCE Of FU DS DATE GOCOGRANT APPLI CANT PARTNER l\tATCII TOTAi, SECURED REQUEST l\lATC H C~Sl-f Ottc:mMr-G1 noo.ooo 520.000 suo.ooo CONSERV'.ATIONTill!ST FUNDS Marth--03 SS0,000 \~0.000 ARAl'AllOE COUNTY O Pf.l'I s rACE SllA REBAO.: f'IJNOS Jul,-.OS S16J,JJ6 SZ6J.3Jb .
1r-•~K l ~O (ff&nh.~J
TOT AL SOURCE OF FUND S s200.ooo SJJJ.,336 iSJJ,.)J(1
USE OF F UNDS DAT E TO IJE GOCO FUND S AP PLICANT FUNDS PARTNER FUNOS TOTA i .
SPENT
P URCHASE PRICE "1ovembc:r~OS noo,ooo SJJJ.,336 S~JJJJ<•
TOTAL USE OF FUl'iDS "loun-.lttr.,08 SZ00,000 SJJJ.336 S~JJ.336
• T AS K J. DATE :➔ Obtam govcmmg body approval En1e r in10 purchase con1rac1 and provide copy 10 GOCO' Ob1•·· Appraisal and GOCO approva l' Obtam !;urvey
Ob1a in Environmeniol
Assessment
Ob1ain Tille comm11men1 and
referenced documen1s
Prepare GOCO required
Conservatio n Easement
Conduct Closmg1
Develop land managcmen1
plan'
'Required w11hm I 00 days of 1hc grani award dale.
1 Requ,rcd w11l1111 I year of 1hc gram award da1e.
'Required w11h111 6 mon1.hs after closing.
'Required wuhm I year afler closing
• TIMELINE Ma '08
FaJJ !001 Grrnl Ourdom-1 Ct1/nrodo lncol Po,i.· tmd Ouldoor Rtcrr1J11ot1 Gron/ Appl1ca11011 • land
• Jul '08 Sc '08 Nov'0S Se '09
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{' C T y 0 F ENGLEWOOD C I T y (OUNCI August 21, 2007
The State Board of Great Outdoors Colorado
1600 Broadway, Suite 1650
Denver, CO 80202
Dear Board Members:
On behalf of the Englewooo City Council, I am writing this letter in support of the City's
GOCO grant application for Duncan Park acquisition funding.
City Council nnd the Parks and Recreation Commission have identified the purchase of
Dunca n Park presently owned by Englewood Schools as a very high priority. Duncan
Park, at 3.3 acres, is the only park serving the southeast area of the City. The City has
maintained the park for over thirty years through a lease agreement with Englewood
School District. The School District's financial situation, aggravated by declining
enrollment, has necessitated the selling of the property, formerly an elemen tary school
site.
The School District has agreed to enter into negotiations 11ith the City that would allow
for phased sale of the property.
The City is co111111itted to pursuing grant funding and usin g Arapahoe Open Space
shnreback funds und Conser\'ation Trust Funds to protect this park from private
development.
>r your consideration of our grant request for this very impo'. cnnt
S111cerelv
0~
Mayor
Cc: Englewood City Council
City Manager Gary Sears
City Attorney Dan Brotzman
Parks nnd Recreation Director Jerrell Black
.\v\,• OJ.J ''"" ,,. "'lM:i~ • ,u~ur Pro ra-1m ,,._._..,d .-.a t.ar;e:
l.1 •1 ILwif'f"l"'f: l>wwl 1 1 e.,hA.kC.t,-_M .1••t I lnht-Jt .\\np•p °"'11(1 J ■ b\ f~•V• f')N,111 I 1 W,f\,~C"0Air,,l...,._f'ln«•IJ
(11 ~1,•\\ootl, Colo,,,du 80 11 0 Phone 1111.;,,i n 10
'"'"'" t11~••1nd"r" 114g
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RESOLUTION NO fil:::. SERJF.s OF 2007 A RLS0Ll1TJON SUPPORTING TH.E GREAT ournooRS COLORADO GRA. ,'T APPLIC ·\TION FOR DUNCAN PARK .A.CQUlSm ON FUNDING. WHEREA ~. in ~006 lhe Arapahoe School Dis::ict No. I (Englewood School District) \'Otcd 10
sell the Ounc,n P3r'< propC11y; nnd
WHEREAS, the C11y of Englewood, Colo, .. '1-0 ills m:iintamcd nnd operated Duncan Pork 3 S a
community park for over thirty years and is considered a ,·a!uable and irreplaceable part of lhe
Englewood park system; and
WHEREAS, Duncan Park is the only ~.,i, lcc,ted in the sc t'.. o•,odrant of the Citv of
Englewood; and ·
WHEREAS, !he City's acquisition of Dunc on Par~:, tl1e lughest priority for the Parks and
Recreation Moster Pinn and the Pa.rks ancl Recreation Commission; and
WHEREAS, there is community •1tpport for keeping rt.is parce: a.1 put.Ii~ lands and free of
private development; and
•.VHEREAS, the En~ewood Ci1y Council committed to using grant and other Cily funds to
lli:quite the Duncan Park property;
NOW, THEREFORE, BE IT RESOLVED BY TH.E CITY COUNCil.. OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
~-The City Council oflhe Cuy of Englewood supports lhe Great Outdoors Colorado
grant application for Duncan Parl acquisition funding.
ADOPTED AND APPROVED this 201h day of August, 2007.
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Chenango Avenue
• Exhibil A
Duncan Pork Land Transfer
Duncan Park Phased Purchase Map Layton Avenue
Legend
Phase I • four Lois
Phase Ill • six lots
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Phase: ll • eight lots· Subject property/GOCO Grant
" SCALE: 1 Inch • 80 leol •Oc DATE· Mari:h 7. 2007
I
• • • City of En1/ewood, Co/ondo 2007 Great Outdoors Colorado Grant Applica lion Dunc.tnP•rlr: P•rk Acquisition Project LEGEND e School Building
e Basl<elballCOUrl
0 Playg,vu,d
-Topograpllical Contour Lines
1:1 Chy Bounc!ary
July 2007
{,
0
0 7S ISO 22S
Feel
• • I T""'HS AW / DENVER
..... _
□~ I
7 r I
~
I
I ------+----------1 ~ .. \-r
-.....,; GREENWOOD
VILLAG E
~•w--~.--+-..,..-,.,
LITTLETON
• City u f En,:lrw()()d, ColorMlo 2 007 Cre;,I Outdo ors Colo r.odo C r;,nl A pplic atio n DuHc .1n P,uk: PJrk Acq11i"1tion Projec:-1 LE GE ND c=1 Duncan Pa,k Boundary
-Englewood Pat"5 and Open Spaa,
-Engle,NO<>d Recredloonaf Fnal<,es
-Ma,or H1ghw•v•
-Arle na! a nd conoctor sireeis
luly 2007
{~
e
0 a.s 1.5
,.,,,.,
• • I j--, ,-II J_ -I I -7
T
_I
• Cify of EnglewooJ,. ColorddQ 2007 Great Outdoors Color11do Grant Appfication Ounc•n Po1rk: Pdrk Acquisition Project Regional 1Yt.1p LEGEND -Duncan Park Site LOCDhon
Cl Englewood c.ty Boundary
-Ma1o< H,ghway1
-AttenaJ and Colector Streets
Jul'( 1007 ~,
e
0 3.S 1 l(J.S
MilM
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PY .. :.rr:-JOF-"'lY CODICIL BJ.J. NO , l IN'7R.0Di.JCT.D BY COUNCIL MEMBER B .\RRENTINE
AN JRDNANCE AUTHORIZlNG nm "COI-ITRACT FOR DEED" FOR THE PURCHASE
OF DUNCAN I' ARK LOCATED AT 4B46 SOUTII PENNSYLVANIA STREET BETWEEN nm cn'Y OF ENGLEWOOD, COLORADO AND ARAPAHOE COUNTY SCHOOL
DISTRICTNO. I.
WHEREAS, iii 2006 the !Jng:ewood School Board voted l? sell the Duncan Par~ property; ond
WHEREAS, Duncan Pork is lhe only Park localed in tile Southea~t qu1drml or the City of
Englewood; and
WHEREAS, the Englewood Ci ty Council negotiated an agreement with. the Englewood School
District for the City's purchase of Duncan Park; and
WHEREAS, Ibo City intends lo acquire this property with monies rccc:l ved '1l grants from
Arapnboc County Open Space, n:ld Great Outdoors Colorado; and
WHEREAS, und~ th~ "Conl"Det For Deed" the E.'lglcwood School Di.trict wiU retnin control and
ownc11hip of the Duncan School building through th: year 201 O;
NOW, THEREFORE, B.!! IT ORDAINED BY THE CITY COUNCIL OF 'l'Hil CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
~ Tue "Contract For Deed" between Arapahoe County Scbrol Dis!rict No. l and the
City of Englewood, Colorado for the P'.llclwc of Duncan Parle, atl.atr.ed ,s "Exlu'bit I", is hereby
aoccptcd and approved by :he Englewood City Council.
~-The Mayor is aulhorized lo cxe::ute and the Ci:y Cieri:: to attest and ~c.il lhe "Contract
For Deed" ror and on bcr.alf ohhc City of Eng)ew:xxl, Colorado
lntroduecd, l'Clld m full, ond pil!SC<I on first rc:idmg on tile 16th cfay ofJuly, 1007 •
l'uhla,J11uJ •" • 131II r,, n11 Oitlon,,nc,, 01• 1hc 20• <lay nf lu!y, 2007 l:c.od hy t1lle and p;i.sscd on final rc.1di,1e ~n lhc &.h day or Au~-u-:1, ~007 l'uhld,cd by t•lle n:.Ouhnancc No. ~!:enc, of 2007, on the. h day or Augu~~ 2007.
I, Loucrishia A. Ellis, C:ily Clerk or the City or Englewood, Colorndo, hereby cc,tify that the
nbove nnd foregoing is,"}__ruc copy of the Ordinance pnsscd on final r nding nnd puhlished by
title •~ Or:linnnce No. ~Series of 2007 .
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COUNCIL COMMUNICATION Da t t: Agenda Item: Subj ect: February 19, W08 11 a ii Ordinance to Authorize Sale of 23 70 \ Vest Wesley Avenue Initiated By: I Staff So urce: Community De, elopment Department Janet Grimmetl Housing F!aance Specialist
COUNCIL GOAL AND PREVIOUS COUN CI L ACTION
Council approved Ordinance 45, Series :?OOS purchasing 2394 West Wesley Avenue .
Council approved Ordinance 28, Series 2007, authorizing an IGA with the Arapahoe Community
College/Area Career and Technical School to build one single family residence on the site.·
RE COMMENDED ACTION
Staff recommends Coty Council approve a 8111 for an Ordinance authorizing the sale ol 2370 West
Wesley Avenue .
BACKGROUND, ANALYSI S, AND ALTER~;ATIVE S IDENTIFIED
The prope rty originally known as 2394 West Wesley Avenue was re-subdivided administratively in to
three smaller sites known as 2370, 2380 and 2390 West Wesley Avenue. The Arapahoe Community
College/Area Career and Technical School (ACTS) Is compledng the construelion of a single family
house at 2370 West Wesley A,enue. The house Is scheduled for completion by the end of May 2008.
The sales price of the house will be based on a market analysis of the completed home. The sales price
will cover th e costs of land acquisition, con:,trucllon, and rea ltor's fee. A profess ional realtor will be
hired to market the property for sa le. All proceeds from the sale will be retu rned to the Housing
Rehabllltation Fund (Fund 46).
Advertising the house for sale prior to completion will maximize the sales time and. if under contraCI
within the next 2 months, allow the buyer to select the color of interoor and exterior painl type and
color of floor coverings. appliances. etc.
If an offer to purchase the property is recei\ed from any City of Englewood employee, their family
members, or any business in which a City employee has a financial Interest then staff will submit the
offer to the City Council for approval.
FI NANCIAL IMPACT
Fund 46 covers all com of development There Is no other financial Impact to the City.
UST OF ATTACHMENTS • Bili ior an Ordinance
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ORDINANCE NO. • SERIES OF 2008 --BY AUTIIORITY ABll.LFOR COUNCIL BltL NO. 9 INTRODUCED BY COUNC IL MEMBER ____ _ AN ORDINANCE AU1l!ORIZ1NG THE SALE OF A SINGLE FAMILY RESIDENCE
AT 2370 WEST WESLEY AVENUE IN THE CITY OP ENGLEWOOD, COLORADO.
WHEREAS, 1he Ci1y of Englewood nnd Arapahoe Community College/Arca Career nnd
Teclutical School (ACTS) became im·oll"ed in a two-year Comprehensive Building Trades
program for high school studen1s and adu hs 10 have a '"hands-on" experience in building a
home from the ground up 1hroughou1 1he :school year: and
WHEREAS, 1hc Cily Council of the Cny of Englewood approved 1he City purchasing
2394 \\"est \Vesley Avenue by 1he passage of Ordinance No. 45, Series 2005: and
WHEREAS. 1he property originally known as 2394 Wes! Wesley Avenue was re-
subdivided ndministrativcly into lhrec smaller si1es known ns 2370. 2380 and 2390 Wcs1
Wesley Avenue; and
WHEREAS, 1he Englewood Chy Council au1horized an lntcrgo,·cmmen1al Agrccmem
wilh !he Anipahoc Convnuni1y College/Area C= and Technical School 10 build one
single family rcsiden,:c on the sne "11h 1he passage of Ordinance No. 28. Sencs 2007: and
WHEREAS, 1~ City acted as dc,clopcr by providing cons1ruc11on funds from 1hc
Housing Rchabili1ation Fund and a sne contractor was hired to coordumlc the day-10-day
building acth~ties with 1he ACTS ins1ruc1or and s1udc111s: and
WHEREAS. 1he Arapahoe Conununhy College/Area Career onJ Technical School
(ACTS) is completing lhe cons1ruc1ion of 3 single family house ai 1370 West Wesley
Avenue. w11h lhe proceeds of any sale 10 Ix: re11.med 10 1hc I lou,mg Rehahili1a11on Fund.
and:
WHEREAS. the passage of 1his proposed Ordinance will approve lhe sale of 1h1s
property:
NOW, THEREFORE. BE IT ORl)AINED DY TIIE CITY COUNCIL UFTII E CITY OF
ENGLEWOOD. COLORADO. AS FOLLOWS:
~-The Ci1y Council of1he C'11y of Englewood hereby au1hontes 1he sale o f
2370 Wesl Wesley A,·enue in lhc ACTS !Program. which pn>J>Cft)' is legally docribcd a<
follows
Loi 3. Southlam1 Gardens Annex. Filing No . b
Coun1y of Arapahoe. S101e of Colorado
-1-
ml!!l.l, ll1e Mayor is authorized to sign the d:ed. ~-The Coty Monager is authorized to sign the closinj! documents necessary to complete this Slllc. lnlroduccd. read in full. and passed on first r.1ding on the 19th day of February. 200S.
Published ns n Bill for nn Ordinance on the 2211d day of February, 2008.
James K. Woochrnrd, Mayor
ATTEST:
Lciucris hia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the Ci1y of Englewood, Colorado. hereby ccnify 1ha1
the above and fo regoing is u true copy of a Bill for an Ordinance. introduced. read in full.
and passed on first reading on the 191h day of February. 2008.
Loucrishia A. Ellis
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• CO UNCIL COMM UN ICATION Date: Agenda Item: Subj ect: February 19, 2008 11 cl Award Belleview Park Construction Contract Initiated By: Staff Source: Department of Parks and Recreation Jerrell Black, Director of Parks and Recreation Dave lee, Manager of Open Space
CO UNCIL GOAL AND PREVIOUS COUNCIL ACTION
The Belleview Park Playground, Shelter, and Restroom renovations are par1 of the overall
Englewood Parks and Recreation Master Plan of 2006.
Staff presented a presentation on the scope of the project at the September 4, 2007 Study Session.
Council approved a motion to award a contract for Architectu ral Services on Octobe r 15, 2007
RECOMME NDED ACTION
• Staff recommends Cou
BACKGROUND, ANALYSIS, AND ALTER NATI VES IDENTIFIED
The Englewood Parks Master Plan, completed In 2006, confirmed the need fo ( Improvements to
Belleview Park. This proposed construction project would be our second major step towards
implementation of the Master Plan.
In April, 2007, staff interviewed design consultants and selected PKM Design Group to prepare
preliminary design concepts for Imp rovements to the southeast corner of Belleview Park. In
August/September 2007, the concept drawlnMS and estimates were presented to the Parks and
Recreation Commission and City Council. Council approved awardir,g a fina l design contract to
PKM on October 1 S, 2007. Plans and specifications were completed In early January, 2008.
This project will include replacing the existing outdated pavilion with a new 60' x 60' metal shelter
structure. The capacity of the new structure Is 280 people, accommodating the needs of larger
groups wanting to rent a shelter In our park. Two playgrounds ,viii be upgraded with ADA
compliant play equipment Pea gravel playground surfaces will be replaced with engineered wood
fiber. The basketball court will be reloc.ited to the south end of the area allowing parents to
• observe both play areas from the nev: shelter, New concrete sidewalks will be Installed to provide
ADA access to all ne" WULtures prO\ ided III the lesign. The re,troom "ill lw replaced "ith an ADA accessible building. landsc,1pmg and ,rngauon \\1II also be upgraded in the \\Ork area Contractors were required to provide indi\iclual pricing for the base bid and three add alternates . Pricing the altr mates separate!\ allo\\ s the Cit, to limit or increase die scope oi work, depending on pncing contractors pro, ,de. The base bid Includes the new shelter, pla)•grounds, basketball cour~ landscaping, and access ible concrete sidewalks. Alterna te No. I replaces the restroom. Alternate No. 2 changes the concrete basketball court slab from• 6" thick standard pour to a post• tensioned slab (reduces J01nts in the concrete 1. Alternate 3 \\ ould add an arch1tectur,1I element (fretwork) to the shelter. Staff recommends ,l\\ Mel ing Alterna te No, I .
fifteen contractors attended our pre-bid m,.,,t ir g o r lanuary 29•_ T\\o contractors submitted bids
on February 7•. Staff has investigated the qua ht,ca,,on of the low bidder, ArrO\\ ·) Landscaping. and
r,nds their reputation and experience acceptabl~. They have been In bus iness since 197q and h,l\e
successfull1 completed many large atl1letic fie lds and park projects
Bid documents require the contrac tor to comple te the wo rk by May 23", in lime ior the bu• y park
shelter rental season. The short time frame and winter concrete wo rk may have limited the number
0 1 contractors capable of bidding our project; howe,er, these conditions are necessary to
accommodate ou r park patrons.
FINANCIAL IMPACT
Detail~d below are the costs associated with the project:
Base bid (Arrow•J Landscaping)
Alternate No. l (A rrow-I landscaping)
Sub-Total construction con tra ct
Design and construction administration (PKM Design)
Geotech report 1nd material testing
New Elec trical Ser.Ice (XLe l Energy)
Construction contingency
Total estimated project cost
Det,11 led below Is the source of funds for the project:
Park shelter renovations (2007 Open Space Fund)
Playg,ound add1t1ons/renova1ions (2007 Open Space fund)
Restroom replacement (2007 Open S~.'ce Fund)
Belle,iew Park renovations 12008 Open Space Fund)
Arapah01: Count) Open Space Grant
Tot,11 tunds a, ail,1ble
LIST OF 1' TTACHMENTS
Bid Tabulation Sheet
Contract fonn
Site map drawing
$593,684.62
183 345.78
$777,22 9.90
96,347.00
9,200.00
20,000.00
80.000.00
$982,776.90
$150,000.00
255,355.00
95,000.00
350,000.00
137 300.00
$9 87,655.00
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• B i dder / Plan Holder Arcluc:t-Eobmate 1 Anow.J landscape & Design Inc. 2 RMAGroup
3
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6
7
8
LOW BIDDER: Anow.J Landscape
BELLEVIEW PARK PLA YGROU~ND RESTROOM RENOVATIONS February 7, 2008 Base Bid Alternate #1 Altemale#2 $490.075.~ S122.71071 S21.000.00 S593,8114.62 $183,:WS.28 $13,697.14 s11i,aao.s1 $186,143.58 $1 ,869.88 • Alternate #3 $1.~00 $18,063.74 $11,745.26
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• CONTRACT CITY OF ENGLEWOOD , COLORADO THIS CONTRACT and agreement, made and entered into th,s 19" day of Febn:ary , 2008, by and between the City of Englewood , a municipa l corporation of the State or Co lorado hereinafter referred to as the "City", and Arrow-J Landscape & Design , Inc .. whose address is 909 East 68" Avenue, Denver, CO . 80229. ("Contraclo(). Commencing on the 15" day or January, 2008, and continuing for at least ten (10) dayt thereafter the City advertised that sea led proposals would be received for furnishing all labor. tools , supplies , equipment , materials and everything necessary and required for
the following :
PROJECT: BELLEVIEW PARK PLAYGROUND AND RESTROOM RENOVATION
WHE.REAS, proposals pursuant to said advertisement have been received by the Mayor
and C~y Council and h-:ve been certified by the Director of Park & Recreation to the
Mayor and City Council with a recommendation that a contract for work be awarded to
the above named Contractor who wa s the lowest reliable and responsible bidder
therefore, and
WHEREAS , pursuant to said recommendation the Contrac\ has been awa rded to the
above name Co, ,:ractor by the Mayor and City Council and said Contractor Is now willing
and able to perform all of sa id work in accordance with said advertisement and his
proposal.
• NOW THEREFORE, In consideration or the compensation to be paid the Contract, the
mutual agreements hereinafter contained:
•
A. Contract Documents. II is agreed by the parties hereto that the following list of
instruments, drawings and documents which are attached or incorporated by
reference constiMe and shall be referred to either as the Contract Documents
or the Contract and all of said Instruments, drawings, and documents taken
together as a whole const itute the Contract between the parties hereto and
they are as fully a part of this ~greement as if they we re set out verbatim and
In full:
Invitation lo Bid
Contract (this instrument)
Insurance
Performance Payme, t Maintenance Bond
Technical Specifications
Drawings sheets 1-31
Geotechnical Standards
Liquid ated Damages
B. Scope of Work: The Contractor agrees to and shall furnish all labor, tools,
supplies , equipment, materials and everything necessary lor and required lo
do, perform and complete all the work descnbed, drawn , set forth, shown and
Included In said Contract Documents .
C. Terms of Performance· The Contractor agrees to undertake the performance of the work under this Contract within ten (101 days from being notified to • commence work by the Olrector of Parks & Recreation and agrees to fully co,nplete said work by Pr.ay 23, 2008, plus such extension or extensions of time as may be granted by lhe Director of Public Works In accordance with the provisions or the Contract Documents and Specifications. Severe weather days will be granted as an extension . D. Indemnification The clly cannot and by th is Agreement/'-,ntract does not agree to indemnify, hold harmless, exonerate or assume the defense of the
Vendor or any other person or entity, for any purpose. The Vendor shall defend ,
indemnify and save harmless the City, tts officers, agents and employees from
any and all daims, demands. su~s. actions or proceedings of any kind or nature
including WOlker's Compensation claims , in any way resutt,ng from or arising out
of this Agreement/contract provided, however. that the Vendor need not
indemnify or save harmless the City, ~s officers , agents and employees from
damages resuHing from the sole negligence of the City's officers, agents and
Employees .
E. Term ination of Award for Convenience: The City may terminate the award at
any time by giving wrillen notice to the successful vendor of such termination
and specifying the effective date of such termina:lon, at least thirty (3C) days
before the effective dste of such termination. In that event all finished or
unfinished service , reports, matelial (s) prepared or furnished by the successful
firm after the award shall, at the option of the City, become its property. If the
award Is terminated by the City as provided herein, the successful firm will be •
paid that amount which bears the same ratio to the total compensation as the
services actually performed or material furnished bear to the total
services/matenals the successful firm 00\18red by the award, less payments of
compensation previously made. If the award is terminated due to the fault of the
successful firm, the clause relating to termination of the award for cause shan
apply.
r-. Termination of Award for Cause: If, through any cause, the successful firm shall
fa il to fulfill in a timely and proper manner its obligations or ff the successful firm
shall vlolato any of the covenants, agreements or stipulations of the award, the
City shall have the right lo terminate the award by giving written notice to the
successful firm of such termination and spec~ylng the effective date or
termination In that event, all furnished or unfinished services, at the option of
the City, become Its property . .'..id the successful firm shall be entitled to receive
Just, equttable compensation for any satisfactory work documents, prepared
completed or materials as furnished .
Notwithstanding the above, the successful firm shall not be relieved
of the Habil~y lo the City for damages sustained by the C~ by virtue
of breach of the award by the successful firm, and the City may
withhold any payments to the successful firm for the purpose of set
off until such time as the exact amount of damages due the City
from the successful firm is determined. •
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G. Terms of Payment : The City agrees to pay the Contractor fo, the performance of all the work required under this contract, and the Contractor agrees to accept as his full and only compensation therefore, such sum or sums of money as may be proper In accordance with the price or prices set forth In the Contractor's proposal attached and made a part hereof, the tc\al estimated cost thereof being Seven Hundred !-eventv Seven Thousan d Two Hundred Twenty Nine Dollars and Ninety Cents ($777,229.90). H. Appropriation of Funds: Al present, $777,2 29.90 has been appropriated for
the r roject. Notwithstanding anything contained In this Agreement to the
contrary, in the event no funds or Insufficient funds are appropriated and
budgeted by the governing body or are otherwise unavailable In any following
fiscal period for which appropriations were rece ived without pena lty or
expense except as to those portions of the Agreement or other amounts for
which funds have alre~dy been appropriated or are otnerwise available . The
City shall Immediately notify the contractor or ijs assignee of such occurrence
in the event of such tennlnatlon.
I. Contract Binding: It is agreed that this Contract sha ll be binding on and Insure
to the benefit of the parties hereto, their heirs, executors, administrators,
assigns, and successors.
J. Liquidated Damages: Owner and Contractor recognize that time Is of the
essen-:e in this Agreement because of the public Interest In health and safety,
and that the Owner will suffer financia l loss, Inconvenience, and level of
treatment degradation if the Work is not complete within the time specified In the
bid documents, plus any extensions thereof allowed in accordance with the
General Conditions. They also recognize the delays, expense and difficulties
involved In proving, in a legal proceeding, the actual loss suffered by Owner if
the Work is not complete on time. Accordingly, Instead of requiring any such
proof, Owner and Contractor agree that as riquidated damages for delay, but not
as a penalty, Contractor shall pay Owner S750.00 for each day that expires after
the time specified for substantial completion until the Work is complete.
Verification or Complian. , with C.R.S, 8-17.5-1 01 ET.SEQ, Regarding Illegal Aliens
(a) Employees, Contracto rs and Subcontractors: Contractor shall not
knowingly employ or contract with an Illegal alien to perfonn work under this Contract.
Contractor shall not contract with a subcontractor that (i) knowingly emplioys or contracts
with an illegal alien to perform work under this Contract or Ui) fails to certify to the
Contractor that the subcontractor will not knowing ly employ or ,;r,ntract with an Illegal
alien to perform work under th is Contract. [CRS 8-17.5-102(2)(a)(I) & (II).]
(b) Verlflcatlon : Contractor has verified or attempted to verify through
participation In the "basic pilot program· (authorized by P.L.204 of 104" Congress and
amended by P.L 156 of 108" Congress) that Contractor does not employ any Illegal
aliens. And, if not accepted into the "basic pilot program• prior to entering into this
Contract, Contractor further verifies, Contractor will apply to participate In the "basic pilot
program• every three months until Contractor is accepted or this Contract Is completed,
whichever is earlier. [CRS 8-17 .5-102(2)(b)(I).)
(c) Limitation regarding the "Bas ic Pilot Program: Contractor shall not • use basic pilot program procedures to undertake pre-employment screening of job applicants while pe/forming this Contract . (CRS 8-17.5-102(2)(b)(II) ] (d) Duty to Tenmlnat.e a Subcontract: If Contra ctor obtains actual knowledge that a subcontractor perform ing work under this Contract knowingly employs or contracts with an illeg al alien , the Contractor shall; (1) Notify the subcontractor and the City within three days that the Contractor has actual knowledge that the subcontractor ls employing or
contracting with an illegal alien: and
(2) Term inate the subcontract with the subcontractor if, Withlh three days
of receiving notice that the Contractor has actua l knowledge that the
subcontractor is employing or contracting with an illegal alien , the subcontractor
does not stop employing or contracting With the illega l alien. (C RS 8-17.5-
102(2)(b)(lll)(A) & (B).)
(3) Exception: if the subcontractor provides Information to establish that
the subcontractor has not knowingly employed or contracted with an Illegal alien
and the subcontractor stops employing or contracting with the Illegal alien.
(e) Duty to Comply with State lnvHtlgation: Contractor shall comply with any
reasonable requ est of the Colorado Department of Labor and Employment made
in the course of an lnvestlgallon pursuant to C.R.S. 8-17.5-102 (5). (CRS 8-17.5-•
102(2)(b)(IV).)
(e) Damage■ for Breach of Contract: The City may te'lllinate this contract
for a breach of contract, In whole or In part, due to Contractor's breach of
any section of this paragraph. Contractor shaU be liable for actual and
consequential damages to the City in addition to any other legal or
equitable remedy the City may be entitled to for a breach of this Contract.
IN WITNESS WHEREOF, the parties have caused these presents to be signed
personally or by their duly authorized officers or agents and their seals affixed and duly
attee.ted the day and year first above written .
This Contract is executed In 4 counterparts .
CITY OF ENGLEWOOD
Contractor
by ___________ _ by ___________ _
Party of the Second Part Mayor
Party of the First Part
ATTEST: ATTEST:
Secretary City Clerk •
--I v! .,,r,.,.;;.,,,;;,-----/ I • _,
PKM Design Group, Inc.
7353 S Allon Way, Suite 125
~C080112
. .
_ ...........
::=e::-.... ..-q, ,,
-~-.. ., ''
Belleview Park
Playground, Shelte< and Res!loom Renova!lons
Overall Sae Plan
• COUNCIL COMMUNICATION --Date: · Agenda llem: Subject: February 19, 2008 11 C Ii Change Order for Tank Repairs to the Clarkson Stree t 6-M illion-Gall on Rese rvoir Tank Initiated By: Staff Source: Utilities Department Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved the roof rehabnitation of the of the 6-million-gallon reservoir on August 21. 2000
in the amount oi $77,325 to ABCO Contracting.
On September 19, 2005, Council approved the bid award for the tank repairs of the East Clarkson
Street 6-million-gallon reservoirs to Premier Spec. Contractors in the amount of $261,285.
On December 3, 2007, Council app roved the bid award (or the Clarkson Street 6 million gallon
reservoir lank roof repair 10 Remuction Corp. in the amount of S 102,805.
• RECOMMENDED ACTION
•
The Englewood Wa ter and Sewer Board, at their February 12, 2008 meeting, recommended
Counci l approve, by Motion, a $75,000 Change Order to Restructlon Corp. for l 2 additional roof
tendons.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
TI1e original contract for th e project wis awa rded December 3, 2007 to Restructi on Corp. for the
6-mllllon gallon tank roof repa ir. After further ln,estigation by the contractor, the consultant and
Englewood's Utilities Engineer on February 6, 2008, It was re\·ealed that additional work was
required to replace 12 additional tendons not covered in the original agreement
After the contract was awarded and the tank drained, further testing exposed l 2 additional tendons
lhat were In failure. The proposed repai rs are required to maintain the Integrity of this 6-milllon
gallon tank located at Cla rk son and Sunset Ridge In Greenwood VIiiage.
The Clarkson 6 million gallon tank is a treated water reservoir that Is 230 feet in diameter by 21.S'
deep. The tank has an 8-inch lhkk post tensioned concrete Rat slab roof wtuch is supported by a
perim!ter wall and concrete columns. Structural deterioration of the tank roof has occurred due to
weather and age .
Fl A. CIAL IMPACT This 1s a Change Order with Restruct1on Corp, ,n the amount oi approximate! S75,000 . Unit price is established by contract. \\hlch is S6, 170 per tendon, and an additional 12 tendons are required The original contract requ11ed 5. LIST OF ATTACHMENTS
Bid Tabulation Sheet •
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CHANGE ORDER Order No. _______ _ Date __ :-----:-,::-:-::--:-:=---Agreement Date 12/3/07 NAME OF PROJECT: CLARKSON STREET 6-HILLION GALLON RESERVOIR TANK ROOF REPAIR
OWNER:
CITY OF ENGLEWOOD
CONTRACTOR :
RESTRUCTION CORPORATION
The following changes are hereby made 10 the CO NTRACT DOCUMENTS:
Change the estimated quantity for Bid Item No . I ,
rep l acement of post-tensioned tendons , from 5 to 17 .
Jusrificarion:
Detailed inspection revealed additional failure of ten dons within
t he concrete sect 10n .
Change to CONTRACT PRICE:
Original CONTRACT PRICE: $_10_2~,ao_s_.o_o ___ _
Current CONTRACT PRICE adjusted by previous CHANG E ORDER s -a-
The CONTRACT PRICE due to this CHANGE ORDER will be (increased) by S 75 ,000,0.0
The new CONTRACT PRICE including !his CHANGE ORDER will be S 177 ,805.00.
Change to CONTRACT TIME:
The CONTRACT TIME will be (increased) (decreased) by __ calendar days .
The date for completion of all WOR K will be __________ ,
APPROVALS REQUIRED:
Approved by ENGINEER :
Accep ted by CONTRACTO R:
Accepted and Approved by OWNER: ______________ _
• COUNCIL COMMUNICATION D•te: Febtu31'\ I Agenda lten,: 1q1oos 11cm I Subject: Allen Plant Alum Re,idu,1ls Remo, al ,md Dosposal lniliat ed Bi·: Utilities Oep,irtment I Staff Source: Ste\\ art H. Fonda. Director o t Utolotoes
COUNCIL GOAL AN D PREVIOUS COUNCI L ACTION
Council appro1ed on )t,I\ l'I, 1004 tl1e bid 1or th~ Allen \\'ate r Fi11,,11lon Pl,101 Residu,,ls Remo,al
and Disposal Se" ice to Waste Management in the amount 01 S 161 :!bO oor disposal 01 one , eat 01
produc11on.
Council appro, ed on June 19, 2006 1he 1->od ror Allen Water Filt rat ion Plant Residual> Remo, al and
Disposal Ser\ oce 10 \ \' aste I\ tan,1gemen1, Inc in the amount 01 S4'!, -68 oor disposal 01
appro,1ma1el1 800 cub ic \'Mds ot produc tio11
RE COMM END ED ACTION
• The Engle\\ ood Water and Se\\ er Board. at their Februar, 11, 1008 meeung, recommended
Council approve, by Motion, the proposal fo r th e Allen Water FIitration Plant rP.slduals rem oval and
disposal to Allied Waste In the amount of S 108,775 for disposal of appro,imatelv 2,000 cubic yards
o( produc1ion.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Alum sludge ,s produced b\ the settlong prclCess and toiler batk\, ,t>hlng. Slud!te builds up 111 the
I\ asl111 ater rese" o or ,i nd th e <ettled ,nlids ,I re pumped out h\ the ~ludge-handhng h.irge . It then
!l(){'S mto tlw ht:lt pre11. \\hoch dt'\\,tler, the re.,clual,. Tl11s prnce,1 ,1llm\S us to st0<.kp1I;.> ~.000
rnhlc y.ird1 01 res1du,1I, ,1nn11 ,1lly.
Sludge i, prod,,ced , e,1r-ro1111cl, o111d 11 i, 1m1,er,11i, e th,11 the sludge be pr01.es1~d "hen tlw weather
is ,1nwnable ,ll'd stored unul dospOSdl Storage ,1>.1te has since run oul ,md the Allen FilM Plant
needs to dospo,e o l tho; ,hodge i11 the quic k,•s t. 111011 1•w110111lc,1I and leg,1 111 t0n1plo,1111 method.
The de" Jtenng p rocess< nnte11tr,1te, ,, nalllrdli\ <llc urring rac!ioac u1 e 111,lleoial (NORMI. ,,1,o
~1101\11 a, tethnolowcall1 .-nh,\rw.ed r,1d1oacll\e maten,1I (TERMI th,1t ,all s undn Sl,1k He,,lth
Dt•partment' •qulremt'11t, 111111 tPA ~u,delmes. Fm a wmp,lliSon 01 re la t11e r,1diation e,posure •
1tand1ng ne,1 to the residu,,ls pole tor I, months produ«•s I -2 mrem ye.u, I\ ,uchmg TV produws
I 111re111/ye,1r .ir1d 111 Ing In a hrock or ~lone ho use produces -mrem 'I ear limorm ation pro, lded b\
loseph Catt,u e ot COM). Rl">1dual, sludge dosposal h,11 been ,111 on-goong challenge ,md deh,11e
• ,11tl1 EPA fnr th e IM>I se1er,1 i ,ears tor Color,1do front R,mge utolotie<
The disposal she must be approved by the State Health Department as an allowed sit e for properly • disposing of residuals resu lting from norma l sludge remo, al oper auons at the Allen Water Filter Plant FINANCIAL IMPACT Engineer's estimate was unknown since new disposa l requirements ha, e been implemented. Allied Waste is the recommended acceptable bidder at $108,775 fo r one year's production (2,000 )ards). The Ut,htles Department budgeted SS0,000 in account #40-16Gl-55201 In the 2008 Budget for this
project Additional funds are a, ailable from the Water Fund and w,R be budgeted for 2008. COM
reviewed the bids and did a technical e, aluation deeming the Allied Waste bid the lowesL
acceptable bid.
LIST OF ATTACHMENTS
BidTabula~on Sheet dated lanuary 31, 2008
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• City of Englewood Bid Tabulation Sheet Bid Opening Date: January :J1 , 2008 10:00 a.m. • ITEM BID· IFB-08-104 Residua l s Removal & Dis posal Services Line Item #1 L ine Item #2 Qty Cost Hauling per Extended Cost for Vendor (yds) yard 2000yds Clean Hart>ors 2000 $ 112.61 $ 225,220.00 42 Lonr,wat er Dr No,well. MA 02061
CS/ Landfill (Wast• Man11gemenl) 2000 $ 75.00 $ 150,000.00
T1BO E. 96th Ave'
Henderson, CO 80640
Al/1NJWaste 2000 s S.C.31 $ ,oa.ns.oo
8480 Tower Road
Commerce City, CO 80022
Midway Landfill 2000 $ $
Now Horl:z.ons 2000 s $
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• line Item I #3 Cost per load Exceptions: s 1,802.00 Addendums a r,'cnnwledgod
$ 1,275.00 Addandums acknowlodood
s 170.00 Adde.rtdu ~ acknowl--
$ NOBIO
s . NOBIO
ITil,,08.104Res.duals TAB.xis
• a>M 1U1 I1I~ it,ffl ~• 1:00 Df,11~fl. Cob-IOI ._.10) ttl HUtl IJH fa.-)OJ 2tJ-111' February 5. 2008
Bill McConnick
Operations Superintendent-Utilities
Gty or Englc1,•ooJ -Utilities Department
1000 Englewood Parkway
Englewood, CO 80110
Subject· ll'B-08-1().1 Al.en Water Filtration Plant Residuals Removal & Disrosal Service
Bid Evnluation and Recommendation
Dear !Jill:
'•~ requested, CDM completed a review or the bids for the above referenced projt'Cl. This
• letter lists the actions taken to complete this review. as follows:
•
• Evaluated U1e original bid documents submitted to the City on January 31. 2008.
• Verified U,e total from the Bid Items equals the rota! S..se Bid amount.
• V(•ri!icd complete1wss or bids
BaS('<f on the C\'JIUahon of the bids rece1 ved. II is our opinion that all contractors submitted
responsive bids .
Furthermore, in order to evaluate the ability or U,e apparent low bidder to e>.ecutc the wor~.
COM preparl!d and distnbuted a Conlra<lor Questionnaire to the ,wo low, responsive
bidders, '\llied Waste Services and Waste Management Gh-en the limited time available,
only Allied Waste wa.~ able to complete and return the questionnaire, enclosed.
Allied Waste Se rvices submitted a complete questionnaire that Jcmonstrates their ability to
execute the project in a manner consisten t with City e,p1.'C1ation,;, Based on this overall
evaluation, CDM recommends that Allie<l WJste is aw,uded the rnntra ·110 complete the
ahow referenced pmJl'Cl.
CDNI Bill McCormick Fcbrual') 5. 2008 Pagc2 Plc,1se caU with any queshons you may have.
Very truly yo,trs,
~=~ Principal
Camp Dresser & McKee Inc.
cc: project files
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