HomeMy WebLinkAbout2008-03-03 (Regular) Meeting Agenda Packet1. Call to order.
2 Invocation.
AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, March 3, 2008 7 :30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood , CO 80110
3 Pledge of Allegiance
4. Roll Call.
5. Consideration of Minutes of Previous Session
a. Minutes from the Regular City Council meeting of February 19, 2008.
b. Minut es from the Special City Council meeting of February 25, 2008
6 Recognition of Scheduled Public Comment. (Please limit your presentation to ten
minutes.)
7. Recognit101. of Unscheduled Public Comment . (Please limit your presentation to five
minutes. Time for unschedu led public comment may be limited to 4S minutes and if limited
shall be continued to General Discussion.)
8. Communications, Proclamations, and Appointments.
a E-mail from Ronald Ruthelf01d announcing his resignation from the Code
Enforcement Advisory Comm11tee.
b. E-mail from Koren Lowrimore announcing her resignation from the Code Enforcement
Advisory Commiltee .
c. Proclamation declaring March 16-22, 2008 as World Water Week for UNICEF.
Please ,,ote II you have a disability and need aux ~Iary aids or services . please not1ly the Cdy of
Englewooo
(303-762-2407 at least 46 hours In advance of when s,rvices are needed Thank ou.
Englewood City Council Agenda March 3, 2008 Page 2 9 Consent Agenda Items. a. Approval of Ordinances on First Readi ng. i. Council Bin No. 11 -Recommendation from the Community Development Department to adopt a Bill for an Ordinance authorizmg aCC.:?ptance of a grant In the amount of $1 2,500 from the State of Colorado, Economic OeveloPf'!lent Commission, for marketing and administrative support In the Enterprise Zone .
STAFF SOURCE : Darren Holllngaworth, Economic Deve lopm ent
Coord inator.
ii. Council Bil l No. 17 -Recommendation from the Community Development
Department to adopt a Bill for an Ordinance granting a utility easement to
Public Service Company of Colorado for Installation of underground utilities at
2390 West Wesley Avenue. STAFF SOURCE : Harold J . Stitt, Community
Development Manager.
b. Approval of Ordinances on Second Reading.
Council Bill No. 6, approving the Great Outdoors Colorado Grant Agreement In
the amount of $200,000 for the purchase of Duncan Park.
ii. Council Bill No. 9, authorizing the sale of the property at 2370 We,t Wesley
Avenue.
iii. Council Bill No. 12, authorizing an Intergovernmental Agreement with mo for
cost sharing for operation of the Art Shuttle for 2008
iv. Council Bm No. 13. amending Title 5, Chapter 3B, Sections 3, 5 and 8, of the
Englewood Municipal Code 2000, which provides for the setting of liquor
licensing and permit fees by Reso lution.
v. Council Bill No. 14, settlng the distance requirement for all types of liquor
licenses at 500 feet from any public or parochial school or the principal campus
of any cotlege, university or seminary.
c. Reso lutions and Motions.
i. Re•.ommendatlon from the Community Development Department to approve,
by Mc.!ion, an agreemflnt between the City of Englewood and First Transit. Inc
for continued 2008 operation of the Circulator Shuttle in the amount of
$233,897 .04. STAFF SOURCE : Harold J . Stitt, Community Development
Manager.
Recommendation from the Littleton/Englewood Wastewater Treatment Plant
Supervisory Committee to approve, by Motion, the purchase of one, new ten-
yard dump truck. Staff recommends awarding the contract through the State
Bid process to Transwest Trucks , Inc. In the amount of $81,016. STAFF
Please note If you ttave a d1sabthty and need aux,lary aids or servir.es, please nobly the City of
Englewood
(303-762-2◄0 7 at least 48 ttours In advance of whqn ~ are needed. Thank ou
Englewood Crty Councd Agenda March 3. 2008 Pagel SOURCE : Stewart H. Fonda, Director of Utilities, and Jim Tallent, Ope rations Division Manager. 10. Public Hea ring Items. (None scheduled .) 11 . Ordinances, Resolutions and Motions.
a Approval of Ordinances on First Reading ,
b. Approval of Ordinances on S~nd Reading .
i. Council Bill No, 7, amending the Unified Development Code by adding "Hotel'
and "Hotel, Extended Slay· as permitted uses in the 1-1 , Light Industrial Zone
District .
ii . Council Bill No . 8, authorizing the purchase of designated Colorado
Department of Transportation surplus property and sale of same for developing
a hotel.
c. Resolutions and Motions.
Recommend ation from the Departm ent of Finance Services to approve a
Resolution increasing fees for the iuuance of liquor licenses and permits.
STAFF SOURCE: Frank Gryglewlcz, Director of Finance and
Administrative Services.
12. General Discussion .
a. Mayor's Choice.
b Council Members' Choice.
13 City Manager's Report
14. City Attorney's Report
15. Adjournment .
Please rote. II you have a d1sablhty and need auxttiary aids or seMCes, please notify the City or
Englewood
(303-762-2407) at least 48 hours in advance or when seivices are needed. Thank u
Englewood City Council Agenda March 3, 2008 Page 4 The following minutes were transmitted to Crty Council in February, 2008 • Alliance for Commerce in Englewood Committee meehng of January 10, 2008. • Code Enforcement Advisory Committee meeting of Decembe r 19, 2007. • Firefighters Pens io11 Board meeting of August 9, 2007. • Liquor Licensing Authority meeting of December 19. 2007 , and telephone po ll s of January 2 and January 16, 2008.
• NonEmergency Employees Retirement Board meeting of November 13, 2007.
• Parks and Recreation Commission meeting of January 10, 2008.
, Planning and Zoning Commission meeting of January 8 , 2008.
• Police Officers Pension Board 1,,eeting of August 9, 2007
, Public library Board meeting of January 8, 2008.
• Urban Renewal Authority meeting of November 14, 2007
• Water and Sewer Board meetings of January 8, February 13. April 10, May 8, June 12,
July 10, August 14, September 4, October 9, and November 13, 2007
Please note: II you have a dlsablllty and need auxiliary aKls or services, please notify the City of
Englewood
303-762-2407) al least 48 hours In advance of WMn servJCes are needed Thank u
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1, Call to Order
ENGLEW~OD CITY COUNCIL ENGLEWOOO, ARAPAHOE COUNTY, COLORADO Regular Session February 19, 2008 .. The regular meeting of the En11lewood City Council was called to ord~r oy Mayor Woodward at 7:37 p m.
2 Invocation
The 111vocation was given by Council Member McCashn
3. Pledge of Allegiance
The Pledge of Allegiance was led by Council Member Mccaslin .
4 . Roll Call
Present
Absenl
A qu.,rum was present
Council Members Jefferson, Moore, Penn. Oakley, McCaslln, Wilson,
Woodward
None
Also pIesent· City Manager Sears
City Attorney Brotzman
Deputy City Manager Flaherty
City Cl&rk Ellis
Director Gryglewicz, Finance and Adm inistrative Serviees
Di<ecl01 White, Community Development
0.rector Fonda, Utilibes
0,fector Black, P3111s and Recreation
Police Divir.ion Chief/Acting Director Vandennee, Safety SeMces
Police Commander Watson, Safety Services
Senior Planner Graham, Community Development
Recreation Manager Hultberg, Parks and Rec;eation
Housing Specialist Grimmett, Community Development
Manager ot Open Space Lee, Parks a,1d Recreation
Benefits & Risk Manager Weber, F uman Resouroes
Eng ineering/Capital Projects Administrator, Henderson, Public Works
5 Consideration of Minutes of Previou• Session
(•) COUNCIL MEMBER MOORE MOVED, AND COU NCIL MEMBER PENN SECONDED, TO
APPROVE THE MINUTES OF THE REGULAR CITY COt.:NCIL MEETING OF FEBRUARY 4, 2008 .
Mayor Woodward asked It th ere were any changes or modlrtcntlons. There were none
• Vote reaullll:
Ayes Councrl Members , enn, McCashn, Moore. Woodward, Jefferson,
Wrt,on, Oakley
Nays None
Moboncamed
6 Recognition of Scheduled Public Comment
Englewood City Councll February 19, 2008 ~2 • (a) Krn Love. a Highlands Ranch residenl. said I am the 2007-2008 Pres1den1 for Englewood Unleashed Thank you for your atten11on tonight I come to you humbly today, because W'! are approaching our fourth anniversary this coming July Englewood Un leashed currenlly has about 200 members and families and we are a really dedicated group that wants 10 educate and promole off,tea,,.h parks in Englewood 1n particular. we want 10 make sure thal everyone 1s following the rules by ptd(ong up after the,r dogs and make sure that they
come to the park with a leash ... to use from lhe car to the Canine Corral so thal lhey can enJoy the off-leash
activ~ies We have a lot or fund raising act1111tles .. one of them ,s that we have a brunch e,ery other
month one for the Canine Corral and the followong IWO weeks at Jason Park. So, that way we can meet new
people and tell them about our organization We get a lo1 of new members that way. We don't charge a 101, 11 is
$15.00a year for a family membership, but that is money we use to buy amenities and promote the park It
r~ally gives us a chance to tell people anJ cllilens about our organization and what we do to help the off-leash
community , A lot of people and families are enthusiasts for their dogs and don 't know the rules, so we let them
know we have a group and we are Interested ,n looking after them. as well as !heir Interest In the City. We are
currently building a very high quality buRehn board that was app,oved by Parks ·.net Recreallon, with 6 x 6 metal
posts. One of our past presidents, 1n fact, Board Advisor Tavis Hanna, Is helping to build this in his shop He is
welding and putting this together It will be of high qualit y metal with a roof and ii Is even going to have a solar
system with some lighting built into a that we are g01119 to be putltng in the park The bulletin board wiU have
Lexan on both sides sr that we can post notices, tell people about the rules ... the City rules in partlcutar...and of
course upcoming and promotlonal events for Englewood Unleashed. We also want to make sure that there Is a
lost and found for lost dogs, particularly for those worriec'. parents. worrying about their fur children who see111 to
get lost, so by posltng a notice on the bulletin board, hopefu,ly, we can help find the11 animal. The biggest event
of the season for us is our Chili Cookoff and It will be held on Aprl l 12" which Is a Saturday . Many of you have
been there and I know we have several City Council members who have come, Including the Mayor who has •
Judged the chili for us. Last year we had a great turnout It was a huge fund raiser for us This year will be our
third annual fund raiser So, I would humbly like to ask the Council to approve a banner to put over
Broadway .much like you do for Englewood Days so that we can put up something that promoles Englewood,
but all the money Iha! we raise, that of oourse. yoes lo the parks For example, we have raJSed money for
additional park benches. smoking tre~s. poop bag stations and we have done a lot of nice amenltlo.s to the park,
so we lake care of thal Also, we have these brunches that I mentioned earlier and we have a cleanup as weU
This las t Saturday . a week ago Salurday ... we had an emergency park rleanup at the Canine Cono! and ,n
doing so, we were able to clean up the entire park . We had a who le army of people there w,th sl·ovel1.
picks .. to be able to pick it out of the snow and ice and pails and bags and we just got It all cieanea up II had
gotten pretty bad because of the continual frost and freezing So, the money that we raise goes Into the parks, a
is all for the Cay, as well as for its citize ns. So, we would like to ra ,se our level a lttUe bit t his year and promote
lhe Chti Cookoff which Is going to be at the Malley Center again, on Saturday, Apnl 12"' by putt,ng a banner
across Broadway so we can tell the general public, because everybody likes a Chill Cookoff We are hcplng to
have a really good turnoul We obviously sell tickets to taste the chll1 . Last year, I think, we had 26 entrants
going. We hope to mcrease that this year We, honestly, are hoping to have a much larger crowd. It is a big
money raising event for us. We, of course, win purchase the banner and we 1ust ask the City to app,ove putting
It up and, perh1ps, help us pul ,t up and take It down
Mayor Woodward said so what you are asking ,s to waive the fees for plac&ng the banner Mr Love said yes,
~Ir. Englewood Un leashed Is asking the C11y to waive lhe fee so we can place the banr.er, probably al Girard
and Broadway, or somewhere m thal area .. close lo the Malley Center .. so we can get some good activity. All
the money we raise ,s for a good cause We cons.ier ourselves stewards of the park, and the parks, in general,
but particularly lhe Canine Corral and Jason Park. So again, it ts for a very good cause and all the money we
raise goes to the parks. He said does anyone have any questions? Thank you for your t ime. We appreciate It.
I hope you wil ha-..e t,rne at lhe end of the m~el.tng so we can find out tf we can get this app,oved Thank you
for your lime.
(b) Debra Brown said I am currently a Denver reslden~ but I am a born and raised Englewood
resident, and I also own property 1n Englewood I am actually an Englewood Unleashed board member Kim
put 11 really well and I think Included about eve:yth,ng lhat I wanted lo say as well, that our Chth Cookoff Is our
reauy big event with 26 entries and we get a lot of donabons from Eng lewood businesses I'll lell you, we had a
huge raffle Everyone that came ,n was eligible and a lol of Englewood businesses were tnvolved with this
And , we are really aniious lo make the park as successlul as 11 can be, by adding amenities .. like picnic tables
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• Englewood Cit y Council February 19, 2008 Pr.go 3 In lhe pasl year, we also mcreased lhe bnck pathway lhal Is also a fun~ ra Is111g evenl selling lhe bncks 1 hen as we sell more. we make lhe pathway larger Se;, I am here to ask for your support for the banner and for lhe Chilo Cookofl We are hop1rg lh;;t this being our third year news w,11 have spread and ,1 wo!I be a very bog event for us II os also a really fun thong, so I encourage everyone to atteno Thank you and we would rust hke to request lhal banner and the waMng of lhe fees for 11 as wen Thank you very muc~
Mayor Woodward sa,d thank you
(c) R~nlbon of th~ Coty of Englewood's Benefits and Risk 'Aanager, Joan Weber, for her seMCe
on the Blue Ribbor, Comrrussion on Health Care Reform
C11y Manage; Sears said I Just wanted to note !hat Joa<11s our Benefits and Risk Manager and has put m
counlless ho, ,s from November 2006 to January 31, 2008 as a Commissioner on lhe Bluo Ribbon Commission
for Health Care Reform She was here during Dia11a DeGetle's presentation and I know she helped out from
that side. But 10 give a little bit of background the Commission was created lo provide recommendations to
the State L69islature regarding exp,1nd1ng health car .. coverage and to dectease health care costs for an
Coloradoa11s. The Commissioo's recommendalK>ns were presented on January 31• and they are summanzed
in the bool<let included 1n the C.Junol packet. I have asked Joan, after the presentation, to perhaps add a
couple of commJnls about that and maybe even fie ld some questions from the Council. She was recognized by
both Governor Roller and the State Legislature for he r Important role In formulating these recommendations
Tonight we would like to honor her and what I would like to do is ask the Mayor to read lhe letter from Governor
Boll Ritter, ii you would, and also present to Joan, from the Stale of Colorado, the Senate and the House of
Representatives, the plaque that was given to her
• Mayor Woodward read in full the letter from Governor Riller. "Dear Joan, I would hke to express my
appreciation for the services you rendered during your lenure with the Blue Ribbon Commission for Health Care
Reform Your talents and skills nav, made a valuable contribution to the Commission's Important work of
protecting and lmp<ov1ng access lo the quality health care that all Coloradoans deserve Please be assured that
your record of excenence will endure as a tribute lo the bme you have invested in serving the Slate of Colorado
and that your groundbreaking research and recommendatoons w,11 help direct our State's health policy for years
to come . Best wishes In all of your future endeavors Sincerely, Bill Ritter Jr. Governor of the State of
Colorado."
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Mayor Woodward said Joan, I would also like to ment,on that we were rneel,ng with Legislators, County
Commissioner and Natoonaf Representawes tonight 1n our Study SesSIOO and ,twas brought up by
Repr11senlaltve Anne McGihon, who I think shared t11ne with yc,u on th,s Cornm1ss10n, what a valuable asset you
were on the Commission and what a valuable asset that we have in our Coty by having you here. Hav,ng talked
to you a number of limes outside in the parking lot regarding e~actly these issues, I know how much you were
dedicated to it. Ms. Weber said thank you
Mayor Woodward said ,n hononng your partlClpation we present you wrth the plaque from the Senate and House
of RepresentalJVes and the letter from Governor Rdter The1e was applause
Ms. Weber said I just want to say a couple of things . This was a greal honor to have been chosen to be a
member of this Commission. And I only hope that I provided them with ha lf ,..even a quarter .. of the amount of
.nformation that I had 10 present to •hem as to what I got out of it It was amazing, absolutely amaz,ng I want lo
say one other thong I want to thank everybody Gary, my boss Sue and all my co-workers, because rt did take
a lot of hme and they ktnd of helped keep things 901ng with my area. So, n IS a btg thank you to you and to tne
other employees that maybe had to wa,t a day longer to gel a respanse and I apprectale that. Thanks She
said do you have any questions on the Blue Ribbon? The summary really tells all of It .. we ca ll It our roadway
and our pathway to heallh care reform Governor Riller spoke last week and made a presentation on how he
saw the roadway or the pathway to heallh care reform I was al that meeting with him and was really pleased
that he has pocked up some of the ideas that we really want lo push as a startup There Is go,ng to be a cost to
anything, bul there are a lot of thongs that we can do al the begtM•ng adm1111stral,ve wise savong money
reduc,ng the dJpl,c,ty of tasks and lh,ngs thal people go through There are a 101 of things that we can start wolh
right away and he did acknowledge lhal So. ,t may take a few years but ,1 ,s a good pau, Thank you
Englewood City Council February 19, 2008 Pago 4 Mayor Woodward sa,d thank you Council Member Oakley asked Joan It she would step over and she shock hands with all Council members. 7. Recognition of Unscheduled Public Comment
There w,re no unscheduled visitors
8 Communlcatlor,s, Proclamations and Appointments
There were no communications , proclmnallOns Of appo,ntments
9 Consent Agenda
COUNCIL MEMBER MOORE MOVEO, AND COUNCIL MEMBER WILSON SECONDED, TO APPROVE
,:QNSENT AGENDA ITEMS 9 (al (ii, (II), (1111, 9 (bl (I I and 9 (cl (I).
(a) Approval of Ordinances on First ReadJng
(II COUN CIL BILL NO. 12, INTRODUCED BY COUNCIL MEMBE R MOORE
A BILL FOR AN ORD,NANCE AUTHORIZING THE IN TERGOVER NMENTAL AGREE MENT ENTITLED
"AGREEMENT RTD & CI TY OF ENGLEWOOD COST SHARING FOR THE ARr BETWEEN THE REGIONAL
TRANSPORTATION DISTRICT (RTD) AND THE CITY OF ENGLEWOOD, COLORADO.
(ff) COUNCIL BILL NO 13, INTRODUCED BY COUNCIL MEMBER MOORE
A BILL FOR AN ORDINANCE AMENDI NG TtnE 5. CHAPTER 3B, SECTIONS 3, 5 AND 8, OF THE
ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO LIQUOR LICENSING AND PERMIT FEES.
(iiil COUNCIL BILL NO 14, INTRODUCED BY COUNCIL MEMBER MOORE
A BILL FO R AN ORDI NANCE AM ENDING TI TLE 5, CHAPTER 3A, SECTION 6, OF THE ENGLEWOOD
MUNI CIPAL COD E 2000, BY THE ADDITION OF A NEW SU BSECTION D. WHICH PERTAINS TO
DISTANCES FOR LIQU OR LICEN SES.
(b) Ap proval ot Ordinances on Second Reading
(i) ORD INANCE NO 7. SERIES OF 2008 (COU NCIL BILL NO 4, I NTRODUCED BY
COUNCIL MEMBER OAKLEY)
AN ORDINANCE AUTHORIZING ENTERING -.N INTERGOVERNMENTAL AGREEMENT BElWEEN THE
SOUTH ARAPAHOE SANITATION DISTRICT, SOUTHGATE SANITATION DISTRICT. SOUTH ENGLEWOOD
SANITATION DISTRICT. AND THE CITY OF ENGLEWOOD PERTAINING TO REI MBURSEMENT OF OVER
CHARGED SANITATION FEES BY SOUTH ARAPAHOE SANITATION DISTRICTTO THE SOUTHGATE
SANITATION DISTRICT CUSTOMERS
(c) Resolutions and Motions
(i) PURCHASE OF A 641 S TRACTOR AND MOWER FROM POTESTIO BROTHERS
EQUI PMENT IN THE AMOU NT OF $56,858.09.
Vote reaults:
Ayes. Council Members Penn, McCas hn, Mocre, Woodward , Jefterson.
WIison. Oakley
Nays None
MotJon earned
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Englewood City Council February 19 , 2008 Page 5 10 Public Hearing Items (a) Mayor Woodwa rd said th,; 1s a Publ ic Heari ng to gat her pubhc on pu l on Council Bill No 7, amending the Un i11ed Deve lopment Code by add 111g Hote l and Hote l, Extend ed Stay as permitted uses In Ihe 1-1, Light Industria l Zone D1stncl.
COUNCIL MEMBER MOORE MOVED , AND COUNCIL MEMBER OAKLEY SECONDED , TO OPEN THE
PUBLIC HEARING TO GATHER PUBLIC INPUT ON COUNCIL 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 .
Ayes : Counc il Members Penn , Mccaslin . Moore , Woodward, Jefferson ,
Wilson , Oakley
Nays. None
Motion earned and the pub lic hearing opened .
Mayor Woodward said I wou ld hke to men lion that there Is an e-ma il from Don Roth , who Is the Chair of the
Pla nning and Zor.;ng Comm ission , that Is to be entered inlo the record. The City Clerk has received a copy of
the e-mail.
Senior Planner Graham , be ing duly sworn , said I am representing the Eng lewood Commun ity Development
Department for Item 10 a. Th is item proposes to amend the Un ified Development Code and actually restore
uses that were in the 1-1 . that were in the Ordinance before the Unified Development Code was passed In 2004 ,
The use in particular was lodging . In add itio n to that , we purpose to expand the definitions and include a type of
lodging thal was not prev iously identified in the Englewood Code , That is lodg ing with ki tche n facilities ,n the
unit. So , as we summarized, we are asking you lo consider the public test imony in the decision to add
Extended Stay Hotel as a de fi nition and to add Hotel and Extended Stay Hotels as uses by right in the 1-1 Light
Industria l Zone District To prov ide a bit of background, the Council approved us commiss ion ing a hotel study in
January of 2007 and we hired Horwath Hospita lity to study the market cond itions in Englewood to determ ine
whether there was a demand for hotel rooms . Horwath completed the ir study and made some
recom mendations as to hotels . One of th e recommendallo ns was , yes In deed there is demand If you put hote ls
in particular places . Their recommendations were along Highway 285 between Santa Fe and Broadway or on
Broadway or Santa Fe near Highway 265 . They also said there Is a growing market tor hotels near light rall
stations But we took a look at their recommendations , compared It with our Code and figured out that our Code
does not permit hotels in the locations that the market would support them . So , we took that issue to the
Planning Comm ission and discussed ii and they counseled us to confine our request to the very narrow request
that wou ld support a user that was in the due diligent phase of purposing to locate a hotel in Englewood . So ,
this is a very narrowly described amendment lo the Un ified Development Code that was based originall y on the
Hospitality Study that said we should make them a use by right In the l-1's along 285 , Santa Fe and near
Broadway and the fact that we do have an investor that Is currently looking to locate a hotel on Santa Fe Drive
In Eng lewood . Just to dis cuss the op inions of the Plann ing Commission a hltle bit. there was some discuss ion
about whethe r to al low the kitchen fac1hties , and their feeling was rather than overly constrain the definition , they
have defined Ex te nded Stay as with or without kitchen fac ilities . So , even if you only added Extended Stay
Hotel In the I· 1, you wou ld m fact be add ing our old defin ition of Hotel and the Extended Stay Hotel that Is
proposed . There Is no direct financia l impa ct for mod ify ing the Unified Development Code , That concludes the
staff presentation
Mayo r Woodward asked if there were any questions for Mark .
Council Member Moore said I am tryi1g to get stra ight and maybe you cove red 1I .. _ what Mr. Roth put In his e-
mail Whe n you Iust ment ioned lhe narrow defin ition ... ! wan t to be clear wha t you are saying .. that 11 has been
narrowly defined was 11 Ex tended Slay Hotels or whic h 1-1 districts or 1-2 distn~ts are being modified by addtng
hotels ?
Mr Gra ham said the request thal would mirro r the Horwalh Ho sp1ta hIy Study would include more zone districts
ii wou ld include the 1-2 zone d1stn cts where we have a hght rai l stahon nearby , it would include perh aps the 0 -2
or the R-3-A districts that are on Broa dway adJacent to 285 and rat her than tak e up al l of those issues al one
Englewood City Council February 19, 2008 Page 6 time, they asked us to just focus on 1-1 , which would cover the south s,de of 285 from Santa Fe, almost to Broadway, and the 1-1 that covers a lot of the Santa Fe Corndor, So, that accomplishes quite a bit to deal with just the 1-1 ,ssue, but 11 doesn't deal with all of the Horwath recommendations Council Member Moore said then that also does not dea l with al least all of the Issues Mr. Roth presented in his e-mail concerning height concerns . because what you defined is not narrowly restricted to that one piece of
property,
Mr. Graham said tt Is narrowly restrieled to one zone district out of a possible four zone distncts that would have
been requ~ed to implement the recommendations from the consultant If I m,ghl just add a little btt, Mr. Roth's
e-mail I received a copy of that also I th111k he correctly points out that there has never been a height hrmt in
the Industrial Z.one Districts Nevertheless, there ,s kllld of a pracllcal height rom,t that tt requires parking as a
func:tlon of floor area. So that in most cases, If you were to build a building ~ke a hotel, w,th a lot of floor area,
you are us~ up your land area very quickly in parlung Whe!e ff doesn't affect yoo so much is ff you had a
structure .. a COllClele batch p:anl or a grain elevator, w,th no floor area. 11 could go much higher, because tt
doesn't require parking for the structure So, while there IS no direct height hmol, there 1s an Indirect height limit
for uses that require parking
Council Member Moore said Jusl reflecting on experience, one of the developments ,n my district, when bui lding
the ir case for a PUD, they first argued, this Is how high I could go, all I am asking you to let me do now, Is this.
That unrestricted, or nea rly unrestricted, height gave them a bargaining position In that development. I'm not
necessarily saying things would change, but I am Just going lo point out, they came back and said, keep In mind,
we have rights lo go all the way this high If we put this right 1n the center of our property .. ,do everything to that
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fimll ... so, there certainly is concern when there Is unrestricted height I am cautloos about It when there is no •
restriction oo height and putting It In there by r,ght BecatJse, once ,1 is In there by right, It doesn't come ou~
usually Correct? That would be down z0111ng
Mr Graham said I th111k that IS basic.illy correct II would be unusual to funit one use to heigh~ when al the uses
In Uie zone dostncl are not limited. If the Issue was to be discussed where you want to start fim,t,ng height in the
1-1 and 1-2 districts, it would probably be appropriate to do ii looking at al of the permitted uses on the districts
rather than singling out a par11cular use That might not even be legal.
Cooncil Member Moore said recognizing the lime constraints of this par1icula r Issue, balanced with the concerns
of P and Z ... or at least as represented by Don's e-mall. .. l think he had said that spot zoning is not an Ideal way
to deal with this stuff ... but is their an option to address this property ... add hotels, put In a reasonable height
restriction that we know has no Impact on their planned use of th is property and then refer the broader Issue
back to P and Z. for more consideration?
Mr Graham said I would have to defer to Mr Brotzman This building Is designed and I believe It approaches
60 feet There Is a representative from the hotel In the audience tonight and he may be able to answer that on
the actual height of theif bu11dIng
Counol Member Moore said we know the current plans are nowhere near the issue that Mr Roth .s presenbng
So, Is there just a way that we can safety accommodate that use and leave the abd,ty to make sure we end up
with the results that P and Z ,s also on board with?
Mr Graham said I think staff can go back to the Planning Commission and bring up the Issue of height In the
Industrial districts and begin to address that as an Issue, Independent of this particular question and as long as it
Is applied aetoss the board .. I don't think we have the same Issue as approving the use and Imposing a
regulation on this use that might be different than all other uses In the district
Council Member Oakley said I wou ld like clarification on Don's memo. Is he representing P and Z. or Is this just
f,om Don?
Coty Allorney Brotzman said that ,s just from Don
Counctl Member Oakley said that Is wnat I thought
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Englewood City Council February 19, 2008 Page 7 City Allorney Brotzman said Don Is the Chair of the Planning and Zoning Commission. You have the minutes from the Planning and Zoning Commission those speak for themselves on what the Planning Commission said and recommended to you The e-mail IS Don's 1ndMdual op1n10n Mr Oakley said that Is what I thought Mayor Woodward said that is correct Note that he Is the Chair, but not represe nting th e Commission .
Coty Atton1ey Brotzman said correct
Counal Member Moore said for clanty, Is 1hls an opt,on lo !omit II .. and Mark maybe you can help me I
understand chang,ng the zoning and that goes through the UDC process Is what I am proposing or
considering , I shou ld say, a very hmiled zoning applicabon or 1s what I am saying approaching a PUD? Whodl os
not the tool we have been dealing wllh so far.
City Allorney Brotzman sa id correci You are looking at the issue as rr10re of a PUD issue, rather than overan
zoning. You can limit a particular classification of businesses, if you have a rational reason for it. If for some
reason you wanted to timtt sewer plant structures, because they have no windows and you can't see through
them ... to a certain height. .. that would be a rational reason to limit that type of structure. But you are going to
have to have a rational basis for singling oul a particular business as to a specific height, otherw,se you want to
restrict the entire industrial area to a certain height. I don't have a reason, right off hand, why a hotel should be
limtted to five stories. but an office building should nol
Council Mem ber Moore said I will stop my questioning for now
Mayor Woodward asked if Council had any more quest10ns for Mark. There were none.
Mayor Woodward asked if there was anyone who wishes to speak during the Public Hearing. There was no
one
COUNCIL MEMBER MOORE MOVED , ANO COUNCIL MEMBER WILSON SECONDED, TO CLOSE THE
PUBLIC HEARING TO GATHER PUBLIC INPUT ON COUNCIL BILL NO. 7, AMENDING THE UNIFIED
DEVELOPMENT CODE BY ADDING HOTEL ANO HOTEL, EXTENDED STAY AS PERMITTED USES IN THE
1-1 , LIGHT INDUSTRIAL ZONE DISTRICT,
Ayes· Council Members Penn, Mccaslin, Moore, Woodward , Jefferson,
Wdson, Oakley
Nays· None
Motion <'arried and the public hearing closed .
11. Ordinances, Resolution and Motions
(a) Approval or Ordi nances on First Reading
(1) Director Black presented a recommendation from the Parks and RecrnatJon Department
to adopt a bill ror an ordinance approving the Great Outdoors Colorado Grant Agreement fol' tne purchase of
Duncan Par11 He said staff is recommending that Council adopt a biN for an ordinance approving the agreement
between Great Outdoors Colorado and the Crty of Englewood for the Duncan Park Great Outdoors Colorado
GranL As you are aware we received a $250,000.00 gra nt from Arapahoe County , This Is our second grant to
assts: In the purchase or Duncan Park. This grant Is for $200,000.00 The information before you formalizes
the acceptance of the funds from Great OutdOors Colorado. The grant has a.lready been awarded and what th,s
does Is acknowledge and formalize lhe acceptance of the funding, which will occur at the closing later this year
or Parcel No 2 al Duncan Park.
Mayor Woodward asked ~ there were any questions for Jerrell
Mayor Woodward said have we closed on Parcel No 1? Director Black sa,d Frank, we have Issued a check 1s
that correct? Mr Gryglewocz said I beheve we have Mr Black uld we have not recewed the deeds, to my
knowledge , on that yet, but they should be forthcoming
Englewood City Co uncil February 19, 2008 Page 8 Mayor Woodward asked 11 there were any other quesl,ons There were none COUNCIL MEMB ER MOORE MOVED, AND COUNCIL MEMBER McCASLIN SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i)-COUNCIL BILL NO. 6.
COUNC IL Bill NO 6. INTRODUCED BY COUNCIL MEMBER MOORE
A Bill FOR AN ORDI NANCE AU THORIZING AN INTERGOVERNMENTAL AGREEMENT REGARDING THE
2007 GRANT OF GREAT OUTDOORS COLORADO BETWEEN THE STATE BOARD OF THE GREAT
OUTDOORS COLORADO TRUST FUND AND THE CITY ENGLEWOOD , COLORADO FOR DUNCAN PARK
ACQ UISITION
Vote results:
Ayes: Council Members Penn. McCashn , Moore. Woodward, Jefferson.
Wilson, Oakley
Nays· None
Motion earned.
Director Black said thank you ,
{u) Housing Finance Speoausl Gnmmen presented a recommendation from the
Community Development Department to adopt a bdl for an ord inance aulhonzing the sale of the property at
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2370 West Wesley Avenue She said In 2005 Council authorized the purchase of a parcel of land lhal Is up 1n •
the Wesley/Zuni area In northwest Englewood Thal larul was subdivided last year into three separate parcels
and 2370 West Wesley is one of those parcels. Last fall Council also approved entenng into an
Intergovernmental Agreement with Arapahoe Communit y College for their Build ing Trades Program for lhe
students there to build a home on that site That home will be nearing completion In May and staff is requesting
that Council authonze the bill that we may sell the property upon rts completK>n. Funds at that time will be
returned to the Fund, so that we can begin the process of the next Pl'OJ8Cl which wtn be on the stte next doof,
which we will bring to you later ,n the summer. She ask ed if there were any questions ,
Mayor Woodward asked ff there were any quesbOns !or Janel There were none
COUNCIL MEMBER WILSON MOVED, ANO COUNCIL MEMBER MO ORE SECONDED, TO APPROVE
AGENDA ITEM 11 (n) (II)· COUNCIL BILL NO . 9.
COUNCIL Bill NO. 9 INTRODUCED BY COU NCIL MEMBER WILSON
A BILL FOR AN ORDINANCE AUTHORIZI NG THE SALE OF A SI NGLE FAMILY RES IDENCE AT 2370 WEST
WESLEY AVENUE IN THE CITY OF ENGLEWOOD, COLORADO
Mayor Woodward asked If there were any comments
Mayor Woodwa<d said t would just fike to comment 893Jll. I think as I did last year . that I am glad to see 11 gel on
the market early Last year It was very succe ssful I think they were rin1sh 1ng 11 the day that you closed and had
a celebration there I thought that was great Janet said that Is right, it all happened on the same day.
Vote results:
Mot100 earned
Ayes
Nays
Ms Grimmett said thank you
Council Members Penn. McCas hn, Moore, Woodward. Jefle=,
Wilson , Oakley
None
(b) Approval of Ord,nances on Second Reading
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Englewood City Council February 19, 2008 Page 9 There were no addItIonal items submitted for approval on second reading. (See Agenda llem 9 -Consent Agenda.) (c) Resolutions and Motions
(I) Director Black presented a recommendabon from the Parks and Recreation Department
to approve, by motion, a contract for the coostNct,on of the Belleview Park Playground and Restroom
Renovat10n Staff recommends awarding the contract to the lowest responsible bidder, Anow-J Landscape &
Ceslgn, Inc., In the amount of STT7,229 90 He said this Is the second major step In Implementation of our
P.ns Master Plan. which was completed In 2006 and was added as an addendum to the City's Comprehensive
Plan in 2007 The first major project. as I menlloned, was the acqulstlion of Duncan Parl<. This Is the second
pr0feC1 there If you noticed In the funding, I: has taken a couple of years to accumulate enough funds through
Open Space and also through a grant from Arapahoe County, in order to do this projec1 This project wit occur
at the southeast portion of Belleview Park . It will replace the existing sheller. It w,11 replace and upgrade IWo of
the playground locations. It will relocate the basketball court and we wlN replace the e,r1sting rest room. We feel
that this will be a major improvement to Belleview Park. The project will begin immediately and will be
completed by May 23" ... Memorial Day weekend As you know, Belleview Park Is a heavily used park In our
Inventory and we felt It was essential that we have this project completed before the summer season started,
because of the park shelter renta ls and the heavy use of the park. He said I will be happy to answer any
questions that you might have.
Council Member McCaslin said what Is the penalty If they are not completed by May 23rd? Director Black said
we have a clause in there that they pay liquidated damages of S750 00 a day, If the project Is not completed by
May 23,. Mr. Mccaslin said Is that even ff It Is beyond their control? Mr. Black said the Public Works
Department will be overseeing the project and there is conslderallon given to extreme weather conditions
Mayor Woodward asked if there were any other questions There were none.
COUNCIL MEMBER McCASLIN MOVED, AND COUNCIL MEMBER JEF FERSON SECONDED, TO
APPROVE AGENDA ITEM 11 (e) (I)· A CONTRACT WITH ARROW.J LANDS CAPE & DESIGN, INC . FOR
THE CONSTRUCTION OF "f HE BELLEVIEW PARK PLAYGROUND AND RESTROOM RENOVATION tN
THE AMOUNT OF $777,c29.90 .
Mayor Woodward a,Ked if there was any discussion.
Mayor Woodward said I just wanted to 111entlon that when we first saw this at a Parks and Rec Commission
meeUng months ago, there was a question as to whether we wculd be able to do the restroom now or If it would
happen In phases. I ain real pleased to see that all of this is being done at one time
Director Black said we were very delighted that ,t could be inciuded in the first phase
Mayor Woodward as~ed ii there was any other d1scuss,on
Council Member Moore said is 11 going to be btgger lhan the last restroom we had down thefe? Director Black
s9'd yes
Vote results:
Ayes:
Motion earned
Nays ·
Council Members Penn, Mccaslin. Moore, Woodward, Jefferson,
Wilson, Oakley
None
Director Black said thank you very much
(Ii) Recommendabon from the EngleWOOd Water and Sewer Board and the Ut1hhes
Englewood City Council February 19, 2008 Page 10 Department to approve , by Motion, the Change Order to RestrucllOn Corp. for 12 adr Ional roof IPndons In the amount of S75,000 00 Mayor Woodward stated s~H has requested Agenda Item t 1 c (ii) be pulled from lhe Agenda (11i) Director Fonda presented a recommendation from the Englewood W~le r and Sewer
Board and the Util1fies Department to approve, by motion, a services bid for the Allen Water Filtration Planl
residuals removal and disposal. Staff recommends awarding the bid to the lowest acceptable bidder, Allied
Waste, In the amount of S108,775.00 He said alum sludge at !he Plant conta ins very low levels of rad10 acUvity.
I think some examples are given there. The State has chosen to regulate this to a great deal, which has caused
us to have to place the material In landfills. Up unbl now, it looked like tt would be very expensive and we would
have to go to clean harbors, but we have been somewhat battling and wonting with the State and they have
allowed us to expand some more landfills. When we received the bods, I think you can see from the tabulation.
that there Is qurte a range and by going to the extra bidding, we are down to about $108,000.00 to dispose of
2000 wbic yards The 2000 cubic yards represents probably a year and a half of production. The alum sludge
coagulates the c;Jay In the river water and that produces the sludge. it separates It and then It goes on to the
filters, We have had the consultant check to make sure that the low bidder will meet all of the requirements of
the State Heallh Department and they have so Indicated. We wcu ld recommend the low bid with Allied Waste in
the amount of $108 ,775.00.
COUNCIL MEMBER OAKLEY MOVED, AND COUNCIL MEMBER MOORE SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (Ill). A SERVICES BID TO ALLIED WASTE FOR THE ALLEN WATER FILTRATION
PLANT RESIDUALS REMOVAL ANO DISPOSAL, IN THE AMOUNT OF $108,775.00.
Mayor Woodward asked if there was any discussion There was none.
Vote reaults:
Motion earned.
Ayes: Council Members Penn, McCas11n, Moore. Woodward, Jefferson,
WIison, Oakley
Nays· None
12. Gonoral Discussion
(a) Mayofs Choice
(I) Mayor Woodward said I would like to voice my support for Eng lewood Unleashed and
waiving the fees for a banner for their Chill Cookoff. I've participated in the last couple of years as a judge, and
both of those havl' been very successful. And I think last year was larger than the first year and hopefully this
year will be larger yet. And I think Englewood Unleashed has certainty been very responsible by taking care of
Canine Corral and Jason Park. And in doing these lor other groups that really aren't connected with the City, I
would certainty support somethmg that we would have a partnership wrth and they are taking care of our parks
MAYOR WOODWAR.D MOVED, ANO COUNCIL MEMBER OAKLEY SECONDED , TO APPROVE WAIVING
THF. FEES FOR ENGLEWOOD UNLEASHED'S BANNER; THE BANNER WILL BE AT THEIR EXPENSE
AND WE WILL HAVE PUBLIC WORKS PUT UP THE BANNER PER THEIR SCHEDULE.
Mayor Woodward asked 1f there was any discussion.
Council Member Penn said what Is the date again Kim? Mr. Lr ve replied Saturday, Apn l 12, 2008.
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Council Member Penn said what lime Is II? Ms Brown sa,d 11 lo 2 She sa id would you like to be a Judge? •
Council Member Penn rephe~ 'hat I would love to. but I will al a track meet
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Englewood City Council February 19, 2008 Page 11 Council Member McCashn said I would hke to volun tee r my wife There was laughter I also was a first year judge and I gol sick last year, not from the chili I would llke lo offer our services, bullet me check wllh the boss first Counc il Member Penn said how long will the banner be up, do you know?
Mayor Woodward said we will have to work with Pubhc Works on that There are llm,Is and restr,cllons
Mr Love said obviously I e don't need It up past that weekend. but If we could get It up a month belore
Ms Brown said a couple of weeks
(Clerk's note M; love and Ms Brown were speaking from the aud<ence. so some 1,f their comments were not
audlble I
Mayor Woodward said probably not lhal long They have restrictions on how long
Voto results:
Mobon carried
Ayes: Council Members Penn, Mccaslin, Moore, Woodward, Jefferson,
WIison , Oakley
Nays: None
(b) Council Members' Choice
(i) Counal Member McCasrtn said I have a brother who works down on 1 •00 South
Broadway, and we were lafking yesterday, and I guess Ille City of Oenver ,s improving from Broadway, Ille
Gate$ development area. clear to the beg1nn111g of Englewood I guess they got a government g,ant and they
are doing d In 4 block Increments They"re putting In new medians. The businesses are going to be charged
SSO 00 per foot Oo you know anything about this Alan?
Director White responded I don 't
Council Member Mccaslin said I guess It sounds hke they can pay now or pay over 20 years. So, If lhey are
deve loping that part of Broadway I'd like to make sure that we kind of keep up with that trend and see if we ca n
do something. you know, apply for grant money or whatever we need lo do lo so we are not lhe eyesore of
South Broadway It's something to look Into.
(11) Council Member Moore said I need lo raise an issue tonight, that I'm not really happy
about raising. but I think It is someth,ng that Council needs to address and we can't leave It for staff When
former Councd Member Barrentine left office, she lelt with a debt that she owed to the City and she's refusing to
pay that debt So let me give a little bit ol background on what the srtuat,on is. Council has a speafic, formal
wnllen policy about our expense ac;counls We get up lo SS0.00 per month lo cover costs such as postage and,
again. other speaf,c costs that are laid oul ,n our policy As part of the aMual budget process, Council includes
fund,ng for these amounts And then being , of course, part of our budget, It then makes it into the Clly's broalder
budget process which goes through the en~re public process Former Council Member Barrentine exceeded
her allotmenl When she left office she was Invoiced for the overage. She said she would not pay Il She has
not paid II She was Invoiced again and she stlll did not pay ii, as least as of today I can'l speak for form8f
Council Member Barrentine but my understanding Is she does not dlspule the overage. However, she feels she
IS enl1Ued lo those excess funds, because she did not avail herself of other privlleges ... maybe she would call it,
such as dinner before the Council meetings for members, which Is again somel hl ng thal we provide for In our
budge! process. The amounl is not very much It Is only $64 .00. However, we need to address ii. We have an
elected official who unilaterally appropriated funds w1IhouI Council approval and outside of the public process
Council Member Barrentine constantly criticized the Council that she sat on, for our public budget process not
bemg pubhc enough, so she of all people would understand that this type of s1luallon should also be dealt with
publlCly So, I've tried t, consider what I think our opl10ns are We could. hke other debts to the Clly, have a
debt collector go alter 1L Howeve<, reahstlcally, the amount Is too sma' to pursue that opt10n or to wasle staff
Englewood City Council Fe bruary 19, 2008 Page 12 lime, pursuing such an option We could have the Finance Director Just write this off as bad debt, however I think that would fail the pubhc process and as Council Members, I think we are subject to a higher standard and lhal would nol be lhe appropriate way for us to deal with taxpayer dollars. So, it is my suggestion that Counc.l consider a resotuuon to appropriate lhe funds to cover Council Member Barrentine's shortfal We1 b'l acknowledging that that debt wiU tikely go unpaid, but at least It wil make~ public and hold her accountable to the funds that she exceeced o~tside of the budget process So, what I am asking for 1~ either consensus to
have staff draft us up a resolution or if Council has any other options they feel may deal with this s1tuaUon more
effectively Thank you.
Mayor Woodward said I would agree that a resolution ls the most cost effective way of handling this I don't
think this Is somelhing lhat Should go through a collector, 111 that a would cost more. as Jchn haid rnenboned I
would also want to reiterate that as Council members, I do thlnk we hove to be held ... and we should be held to
a higher standard . And when one Is asking for and discussing line Item budgets and Council has a line item
budge~ In which their discretionary funds are a part of...there Is no reason, In my opinion ... there Is no way to
justify the over expenditure without paying II back. It's not being accountable to the taxpayers of the City, so I
do support John in a resolution
Counol Member Jefferson said can I ask a quick question about lhat? So was her Y!Olatlon because she spent
too much, she went over lhe Increment for the year or because the uses were Inappropriate?
Council Member Moore replied I believe the Issue is only that she exceeded the dollar amount.
counc~ Member Jefferson said 101' the annual amount?
Council Member Moore said yes and I'm not aware that there's any quesbon of the uses that were pushed
through,
Mayor Woodward said I believe it's actually, I think John mentJoned that It Is $6,1.00, but t think that It Is actuany
$11400.
Council Member Jefferson said Is lhis because she used it for the month after she was gone?
Mayor Woodward said It Is my understanding that she had spent It before she was off of Council. II was brought
up al Council that she had over expended her allotment for the whole year and she was here for eleven months.
Council Member Jefferson said who .:ontacted her In attempt to collect? Counc,1 Member Moore slated that
invoices go through the Finance Department. so Frank's office issued the invoices.
Council Member Jefferson said how long ago was that?
COUnr ll Member Moore said the first one .. .l don't remember U rt was 30 or 60 days and then lhe second. the
follo,\ up, is approaching another 30. tf those facts are Incorrect. then Frank can clarify.
Director Gryglewlcz said we did invoice her twice without a response and I believe the total lime has been a
couple ol months.
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Council Member McCasUn said I would just ~ke to go on record saying that she obviously knew that she
overspent and when she was asked to repay and she juSI Ignored II, Is to me, ju~• unbecOming of an eleded
official or anyone. Does that mean If my electricity bill comes can I get a resoluth.n through Council to paf It?
I'm being facetious, but It just bothers me that we're held lo a hlg~er standard and we should be held to that and
not make excuses why we don't have to pay It. And It really bothers me a lot. Especially now, In this ag,, when •
we're trying to hold people accountable to what our standards are
Mayor Woo1ward said so the quesuon tS, should we move forward with the resotut.on as recommended by
Council Member Moote?
Council Member McCashn said the resolution is that we ge> ahead and pay 11?
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Englewood City Council Feb•uary 19, 2008 Page 13 Mayor Woodward answered that we go ahead and appropnate the funds to cover the shortfall for Council Member Barrentrne ,n 2007 Council Member McCaslon said I will vote no on that
Councd Member Moore said just to be clear though, wear. not going to be getbng the money At least we
would be subjectrng the dec,s,on to the publrc process even d arter the fact
Council Member McCaslon asked what does that mean , s"bjecbng to the process?
Cou ncil Member Moore said Its public inrormatron II wi ll be clear that we are allocating an amount to cov~r an
over appropriation of funds by a Council member. I'm open to an alternative, If you have one
Council Member Penn said l'o • , okav with thal I don't have a problem with that I agree. Some of us
probably don't even spend our $50 00 allotment
Mayor Woodward said Joe?
Council Member Jefferson said I will agree with the general sentiment of the Council that we need lo hold our
elected officials to a high standard My only concern Is lhis Is the first time I've heard about It I'd love to give
her the opportunity to make It right But if we do that resolution, we throw that opportunity right out of the
window, Isn't that correct?
Mayor Woodward sa.d no. she would certalnly have the time between now and when ~ came forward. If she
came In tomorrow 01 next week, ond paid it prior to our next regular Council meeting when that resolution could
be approved or disapproved .
Council Member Jefferson said oh I see. I thought you were going to approve It right now.
Council Member Moore said no Mr Jefferson said okay, lihen that sounds IJl(e a reascnable way to do it.
Mayor Woodward said Jill?
Council Member Wilson said I agree . And she's been notlNed twice, so she has ha d time to pay up,
Council Member Moore said there were multiple Issues that she was lnvOtCed for She did repay some of them
She selectrvely chose not to repay this amounL This was a conscious decision and she stated es much, that
&he did not 111tend to repay lhrs partrcular amount She d1d repay other amounts though, like •iealth Insurance or
whatever was due. so ft is an objection to this amount
Mayor Woodward saIG Wayne? Does that nod mean yes?
Council Member Oakley said It's the best I can do.
Council M.lmber Moore said I think we·n work with Dan for sornethrng that accomptrshes the goal and we'l see ,t
at a futu1e sesslOfl.
(iii) Counc,I Member Oakley said I reported to you last week that I was called In to give a
deposition on Thursday morning I went to the lawyer's office In downtown Denver and gave a deposition, under
oath of course, for about two hours. And It was In regards to the Headed West mural. I c hoose not to say
any thing more about that and I refer it back to the City Attorney If he would l,ke to make any statements.
C~y Attorney Brotzman said since thts is in hbg~t,on and since the last bme," had this conversat,on, the
defense att01ney recetved a copy ol our tape, I th111k l'I pass on that opportunity
Englewood Cit y Council February 19, 2008 Page 14 (Iv) Council Member Jeffe,son said I want lo thank everyone for lhtlor efforts with Englewood Unleashed It's a great opPOrtun1ty for the publ~ and private sector to sort of work m coniunchon lo allOw for some add1to00al funding for serv,ces to our communrly I think 11 rocks That's an I have Thank you 13 City Manager's Report
(a) City Manaoer Sears said I Just have a reminder lhal next Monday night we WIii be havrng a
ceremony inducttng the new fire chief and the new police chief The separation of the departments will be
effective on Monday and I'm excited about those departments moving fo~ard I really think both Tom and Mike
have done an oulstandlng lob and I lhink it's really positive for the City So that's coming up next week
Mayor Woodward said can I ask you thal part w:11 be at a Special Meebng In this room?
Crty Manager Sears said that's correct A Spec,al Meeting, then we wiD go mto lhe Study Sess.on
(b) City Manager Sea,s said I know we are g0<n9 lo la:k about secunty and I don't know if you want
to do that In here or nel(l door? I don't know 1f you want to do the meeting to go ,nto lhat In a study session or
keep ,t a public meeting
Council Member Moore said lets conti nue the Sl•1dy Session at the end of this meeting.
Citf Manager Sears said okay.
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(c) Crty Manager Sears said I hate to bring this bock up again from ton,ght's meellng, but in sp,te of
what Richard Poole said. tread ,h. ough the CML letter from Sam Mamet, wlloch we got last year, but again this •
Is fof the session with Senator Allard and Senator Salazar Sam Mamet said becaUH of limited space we can
comfortably seat 60 offlCials, therefore. we have room for no more than two represenlatoves per municipality
This WIii be on a first come, first serve basis. AnC my concern Is we will go ahead and conbnue to try to peUtlon
them, especially with the youth next year. I would really ask Council II you cou ld at leas t have lwo
represe ntatives, so I could gel those names in tomorrow so we don't lose that opportunity. I know other
Councils are calling with names and I would hate to see us lose our seating. So I've asked Council to consider
two and I'll work through lhis with Sam. I know R~hard Poole said "hey we want all or you to come", so I'll try to
put you in there, but right now l.\'e Just want to make sure that we at le%! submit two names
1 ◄ City Altomey's Report
City Attorney Brotzman did not have any matters to bnng before Councd
15. Adjo.rnment
The meeting ad1ourned at 8:45 p.m
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Call to Order
ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Special Session February 25, 2008 5b
The special meeting ol the Englewood City Council was called to order by Mayor Woodward al 6:02 p.m.
2. Pledge of Allegia nce
Mayor WOOdward said tonight we are going to have the presentation of the colors by the Safety Services Honor
Guard, now known as the Englewood Fire and Police Honor Gua rd.
The Englewood Fire and Police Honor Guard presented the colors.
The Pledge of Allegiance was led by Council Member McCas6n
3. Roll Ca ll
Present
Absent:
A quorum was present
Council Members Jefferson, Moore, Penn, Oakley, McCaskn, Wilson,
Woodward
None
Also present City Manager Sears
4 . Appointments
City Attorney Brotzman
Deputy City Manager Flaherty
City Clerk Ellis
Municipal Court Judge Atencio
Police Chief Vandermee
Fire Chief Pattarozzi
(a) Mayor Woodward said the Honorable Judge Vince Atencio will swear In Michael Pattarozzl as
Fire Chief and Tom Vandermee as Police Chief for the City of Englewood tonighl
City Manager Sears said it Is a greal honor for me lonlght to recognize the two ind ividuals who have a taken a
strong leadership role in separating the Safety Services Department Into a Police Department and a Fire
Department They win provide confidence and leadership. It 1s great lo see so many of our police officera,
firefighters, staff members, and dispatchers joining us for this ceremony This was not an easy change; It
required a great deal of work by the members of both the police and fire divisions. And, he sa!d, I couldn't be
more proud of lhe two Individuals who are now going to lake these leadership roles lnlo the future. If possible
Mr. Mayor, I would like to present the badges to lhese two Individuals . Mayor Woodward said please do.
C,ty Manaiger Seara presented Chief Torn Vandennee with his badge and said thank you so much for your
service lo the City. Chief Vandermee's wife pinned on his badge. There was applause .
City Manager Sears presented Chief Mike Pattarozzi wfth his badge and said !hank you so much for your
se<vioe to this community Chief Pattarozzi's wife pinned on his badge There was applause.
Pohc:e Chief Tom Vandermee and Fire Chief MIChael Pattaroui were swom in by Municipal Court Judge Vince
Atencio . There was applause
Englewood City Council February 25, 2008 Page 2 Judge Alencio said it Is a real priv ilege and honor fo r me to be allowed to perform th is swearing In. I have gotten to know bolh of these ind ividuals as part of my Job and I think the City Is In very exce ll ent hands ... the best of luck to both of you. Ch ief Vandermee and Ch ief Pattarozzi said thank you , your Honor . Mayor Woocward said I wou ld like to voice , bas ically , the same comments as Judge Atencio . I feel, and I believe the rest of Council believes, that we are in very gooc hands. It is my understanding , after hearing from
both police officers and firefighters, that morale and the achlevemenls going on In the departments are very
high. So, I lh ink the citizens of Englewood shou ld feel very fortunate ... I know I certainly do.
Mayor Woodward asked if anyone else wanled to speak .
Council Member Mccaslin sa id I started off with a pretty unfortunate situation when I first got on Council , but I
have grown to highly respect both of these gentlemen . Thank you for accepting the positions and doing the jobs
you are capable of. Thank you so much .
Council Member Oakley said I would like to say I knew both of these gentlemen before my tenure on Council
and It Is both an honor and a privilege to have you accept these positions . Thank you .
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Mayor Woodward offerec , both Chief Vandermee and Chief Pattarozzi, the opportunity to say a few words .
Police Chief Vandermee said in my 35 years with the City , I have servec In virtually every sworn position in the
Police Department I have never been so excited to assume a ro;e as I am the role of leading this group ~f men
and women In this new direction ... which Is actually the refocus of an old direction . We've re-ga ined our identity
and we are off on a new path and I couldn't be more proud to be leading the troops in that direction. Thank you. •
There was applause.
Police Ch ief Pattarozzi said I have been here 30 years . I share Tom 's feelings . We have superb people
working for us, In both fire and police . We have established a tremendo us rapport between the two departments
and I hope that continues. I will work to maintain that relationship . I ag ree with Tom ... I lead the best
people .. there is no doubt about that. They make my job so easy . The other person who has made my job
easy Is Tom . It has been great working wit h Tom these last few months , since we started th is process . Tom,
you are a genUeman and I really appreciate you . Chief Vandermee said thank you . There was applause .
Mayor Woodward said there will be a brief reception, next door in the Community Room, following this meeting .
The Englewood Fire and Police Color Guard retrieved the colors .
5. Adjournment
OOWARD MOVED TO ADJOURN . The meeting adjourned at 6:17 p.m.
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PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT March 3, 2008
PLEASE LIMIT YOUR PRESENTATION TO FIVE MINUTES
PLEASE PRINT
NAME ADDRESS TOPIC
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From: Sent: To: Subject: rlrdenver g aol .com ( maiho:rlrdenver g aol.com) \\'edncsdai•. February 20. 2008 10:44 AM City Council Resignation from the Code Enforcement Ad,isory Committee
I rCIJTCI 10 offer the Council my resignation from the Code Enforcemet Advisory Committee
effective immediately.
Increasing work ond business travel requirements on my time are causing me to mi ss 100 many
CAEC meetings ond from giving the issues the Committee is dealing with their proper
considem1ion. which I believe is unfair 10 the other member.; of the Commilte ond 10 the citizens
of Englewood. II has been a pl ensure to work with so many dedicated citizens. Doing so hns
given me a great deal of respect for and confidence in the desire and ability of Englewood City
government in the ~ffairs affecting the citizens of Englewood .
Respectfully.
Ronald L. Rutherford
From: Sent To: Subject: Koren Lowrimore. (mailto:korenlowa yahoo.com] Sunday. February 24. 2008 10: 14 AM City Counc il Resignation from the Code Enforcement Advisory Comminee
I regret to offer my resignation from the Code Enforcement Advisory Comminee. I am gcning
moving out of state for auainmem of a masters degree. It has been WI honor and privlege to be
able to be a part of ci tizens dedicated to keeping Englewood a wonderful place to live .
Thank you.
Koren Lowrimore
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PROCLAMATI O N WHEREAS. 1hc Uni1cd Na1ions General Assembly dcsigna1cd lhc 22• of Man:h of each year os 1he u\lcmation:il obscnnncc of World Water Day; and
WHEREAS, ni.>rc than I billion people do not have access to clean water, and the effects on
children arc dCV11sta1ing: and
WHEREAS. 1.5 m:1lion childri:cn die c.,ch year as a result of no1 having clean water or
adequate sanitation facilitics ... walcr-relatcd diseases kill a child every 8 seconds; and
WHEREAS, access to safe "'atcr is essential 10 sustain human life and is considered a basic
human right: and
WHEREAS, for the week March 16-22, 2008, as a way 10 raise awareness of this crucial
Issue, the U.S. Fund for UNTCEF has brought the Tap Project, a campaign that celebrates th e
clea n and accessible drinking water availoble in the United Stales while helping UN ICEF p rovide
safe water for children around the world, to the people of Englewood, Colorado and the Front
Range; and
NOW THEREFORE. I, James Woodward, Mayor of the City of Englewood. Colorado,
hereby proclaim; the we ek of Mar ch I 6 through 22, 2008 os:
WORLD WATE R WEEK for UNICEF
throughout the City llnd encourage all rcsidmts of Englewood. Colorado 10 use only as mur'·
water as you need and to work together to help ensure that all individuals have equitable and
affordable access to this limited and valuable resource.
GIVEN under my hand and seal this 3" day of March, 2008.
I
11'< ti ~ \f' i ~ \,.,,
I ;.,ol/11, 1 ,,,,,,,
' ! ', ✓
James K. Woodward. Mayer
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COUNCIL COMMUNICATION Date : Agenda Item : Subject: March 3, 2008 9 a i Economic Developmen t Commission -Enterpris e Zone Marketing and Administration Grant -EDC #7-14
Initiated By : Staff Source:
Community Development Depar tmen t Darren Hollingsworth,
Economic Deve lopment Coordina tor
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Community Development Goal: Initiate business reterllion . revita liza tion , and growth str ategies .
Community Development Goa l: Leverage City resou,ces through grant funding .
City Council has ap proved prev ious marketing and administration grant con trac ts with the State of
Co lorado -Economic Development Comm ission in support of the Arapahoe Cou nty Enterprise
Zone .
RECOMMENDED ACTION
Staff recommends that Ci ty Council approve the attached Bill for Ordinance accepting $12 ,500
from the State of Colo rado -Economic De ve lopmen t Comm ission (EDC). Th is grant will be used
to fund marketing and adminis tra tio n acti vi ties for the Arapahoe County Enterprise Zone .
BACKGROUND, ANALYS IS, AND ALTERNATIVES IDENTIFIED
In t 990, the City applied to the State of Colorado and was grante d Enterprise Zone status for a
majority of th e Industria ll y and com mercially zoned property in Englewood . Englewood adm inisters
the Arapaho e County En terpr is e Zone for the ci ti es of Sheridan, Littleton , and Englewood. The
Economic Developmen t Commission has a compet it ive grant program for En terprise Zones, which
provides marketing and admi ,,is tr ative ~upport. This Is the 12th consecutive year Englewood has
applied for and received fund ing to adm inister and market the Arapah oe County Enterprise Zone .
Th e Ente rprise Zone marketing grant is used to support business retention and comm un ity
marketing ac tivi ti es. Marke ti ng activit ies funded with th is grant encourage businesses to take
advantage of Enterprise Zone tax credits and highl ight the Englewood bus iness commun ity .
In 2007, 68 Englewood businesses claimed tax credi ts through the Ent erprise Zone . The tax
benefi ts provided by the Enterprise Zone acted to enhance the growth of th e loca l economy as
evidenced by the increas in g leve l of inves tm ent and increasing annual salaries fo r Englewood
wo rke rs . Benefits to Englewood bus in esses located in the Arapahoe County Enterprise Zone total
S 1,200 ,719 .54 In Slat 01 Colorado la, crediis. This mcludes lax cred its m lhe 101101,lng categories ; • S913 , 141 13 1n m, estmenl la~ c-ed,1. S91 ,319.00 in ne" business facilit) la>c credit. S 151 ,544.41 m Job lralnong 1a>. cred,1, 521 ,884 .00, in heahh insurance ta~ credit, and S22.831.00 ror research and de, elopmen1 ra credit Engle" ood businesses reported total capilal in1 esunents of over S ~S million during 200 . Fl A CI AL IMPACT
The Economic De~elopmenl Commission requires that the City provide matching 1unds to meet
grant requirements. The attached contract be1ween the Economic Developmen1 Commission and
the City o Englewood pledges S 12,500 in local matching funds to meet this obligation , These
funds are Included In the Community Development Departmen1al Budget. Grant and ma1chlng
funds will be used /or a variety of Enlerprise Zone marketing and administra ti e aclivi1ies .
LIST OF ATTACHMENTS
Memo Llsling Examples of Ma rk e1i ng Effo rts
Bill for Ordinance
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ME M 0 R A N D U M To: Through: M,11•or Wood" ,,rel and Cit\ Council Gar\ Sears, City i\lan,1ger
Harold Still. Communlt\ Dj!~ ~lopment i\\,maser 1L
Darren Hollingsworth $J? _/f <:J
Economic De, elopmenlliordinator
From:
Date: February 2b, 2008
Subject: Enterprise Zone Grani -Use oi grant proceeds
The purpose of this memorandum is to describe the proposed use of the grant proceeds
from the Stale of Colorado Economic Development CommissH>n. TI1e Enterprise Zone
grant proceeds will be used l o market enterprise zone benefits to new and expanding
busmesses. MJrketmg arid mforrnatlon dis tribution channels include the following:
• Pr int Media: Mar~eting ads and articles 111 Englewood Herald, which covers the
Ci ties of She ri dan, Llt1leton and Englewood. Marketing ads m Colorado Real Estate
!ournal, Dem er Business Journal, and various chamber of commerce organizations'
publications that service businesses located in the Arapahoe County Enter;,rise
Zone.
• ~: Information regarding J\.i 1ble commercl.il properties located in the
enterprise zone ,wailable on www.er-:ilewoodsites.com. Additionally, information
regarding the Arapahoe County Enterprise Zone is locatrd on
www.englewoodgov.org
• Mailings: Regular malling of Arapahoe County Enterprise Zone information packet
to businesses located within Ihe Zone ,rnd to businesses expressing an interest in
relocating.
TI1e tota l Arapaho~ County Enterprise Zone marketing and adminislratton grant request for
2008 is S 11,500.00. Englewood's Cornmunlt1• Development Department will provide
S 1 ~.500 in matching iunds. Use of grant funds will be used as described below:
• S9,3i5 • Entcrprl~e Zone Marketing il.talerials Oirett Mailing / Website Updates
• S3, 115 • Admi nistr.itlve ,ind professional staff supp.:>rl for resr,onding to enterprise
zone inquiries and maintenance of a daI.1b,1se regMcling sta l e reporting
requirements and report submissions.
The propose-. S 1 :,500 gr.irll proceed furthers local economic development Initiatives by
Informing businesses about the benents of the En terprise Zone and encouraging businPSS
Investment, expansion, ,me' retention.
111110 En~lewuod 11,lrkl\<i\ [n!\14'\<KKI. ( nk•.1do 80110 PHOM 101-ib! !14? FA\ 10),;Rl hftq;
WV..\\ Pn11t,•~\(W1o1lt:m Of~
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ORDINANCE NO. 3ER IES OF 2008 IW AL'TH0Rfn COUNCIL BIL L NO. 11 INTRODUCED BY COUNCIL MEMBER ____ _ A BILL FOR
AN ORDINANCE AUTII ORJZING ACCEPTANCE Of A GRAN'!' FROM THE ST A TE OF
COLORADO, ECONOMIC DEVELOPMENT COMMISSJON FOR MARKETING AND
ADMINlSTRA TIVE SUPPORT IN THE FNTERPRISE ZONE.
WHEREAS. in 1990 the City of Englewood appltcd to the Colorado Depanmcnt of Local
Affairs and was gram ed. Emcrprisc Zone s1a1w for a majority of the indusmally and
commercially zoned propcny m the City of Englewood: and
WHEREAS, the State Economic Dc,clopment Commission has n competitive i:rant program
for m.irke1ing and adminimative suppon ofEntcrpnsc Zones; and
WHEREAS, the Enterprise Zone is used in the Cuy to inmate business re1en 11 on and
communi ty marke1ini ac tivities: and
WHEREAS, by encouraging businesses to take advantage of Enterprise Zone tax credits, and
highlight the Englewood business comntuni1y: and
WHEREAS, the Colorado State Economic Development Commission requires that the City
provide matching funds 10 meet Grant requirements: and
WHEREAS, the Gmnt and related Agreement bc1wccn the Stale of Colorado Economic
Development Comm,ssion and the City of Englewood pledges Sl2.SOO.OO in local matching
funds 10 meet this obligation: and
WHEREAS, matching fwlds have been allooucd in Commuui1y Development's budget: and
WHEREAS. lhis Gran! and 1he m,uching funds will be used for a variely of Enierpn,e Zone
marketing and udm inis1ra1ive ac1 ivhics in 1he Ci1y of Englewood:
NOW, TH EREFORE. BE rr ORDAINED BY THE CITY COUNCIL Of THE cm. OF
ENGLEWOOD. COLORADO. AS FOLLOWS:
~ The Agreeir,:nt between 1hc State of Colorado. Economic De\'Clopmenl
Coh>mission. and 1hc Cuy of EnglC"ood for a Gran I of S 12.500.00 10 be used for E111crprisc
Zone Morkciing and Adminis1ra1ivc ac1h·i1ies. a copy or which is auachcd hcre10 ns Exhibu I, is
hereby acceplcd .
~ The Ma)·or and Cuy Clerk nn: authorized to sign aod auest said Agreement for and on behalf or the Cit) or Englewood. Introduced. read in full. ,·.nd pa~ on firs1 reading on the 3rd da) of March. 2008 . Published n.s a 8111 for an Ordinance on the 7th day of Man:h. !008 .
James K. Woodward, Mayor
ATTEST:
Loucrishin A. Elli5, City Clerk
I, Loucrishin A. Ellis. City Clerk or1he City of Englewood, Col~rndo, hereby certify that the
above and foregoing is o true copy of a Bill for on Ordinance, introduced, read in full, and passed on
first reading on the 3rd day of Morch, 2008.
Loucrishia A. Ellis
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EOC # •• , e~ t0H1R4t1 •OUTlffO Nlll.HWtl CONTRACT THIS Contract, made this __ day of ____ , .lQQL, by and between the State of Colorado for the use and benefit of the Colorado Office of Economic Development, Economic Development Commission ("ED c .•), 1625 Broadway #2700, Denver. Colo rado 80202, hereinafter referred to es the Stale,
and Coty of Englewood 1000 Englewood Pkwy Englewood CO 80110 hereina•1er referred to as lhe
Contractor
WHEREAS, authonty ex,sts III the Law and Funds have been budgeted, appropnated and othe1W1se
made available and a sufficll!nl unencumbered balar,ce !hereof remains available for payment in Fund No.
i& Approp Code ____ . Org. Umt ~ Contract Encumb. No E7EOC744 and
WHEREAS , required approval, clearance and coordination has been accomplished from and wrth
appropnate agencies; and
WHEREAS, the State desires to promote economic development In Colorado by assisting local
communities in expandlns their eco nomic base: and
WHEREAS, pursuant to 24-4&.101 to 105, C,R.S. 1987, the Colorado Economic Development Fund is
created, and Is to be administered by the Colorado Office of Economic Development in the Office of the
Governor: and
WHEREAS, applications for distributions from the Colorado Economic Development Fund have been
received by lhe Econom;c Development Commission, and
WHEREAS, the Economic Development Commission has reviewed and reeornmended to the
Governor that the PrOJl!Ct desa1bed in this contract be financed Wl1h a gran~ and
WHEREAS, lhe Governor has reviewed the proposed expenditure of money from the Economic
Cevelopmenl Fund to finance the project descnbed In this contract, and
WHEREAS, the Contractor is an eligible recipient of Colorado Economic Development funds;
NOW THEREFORE It Is he reby agreed that :
Scope pf Services. In consideration for the monies to be received from the Slate, the Contractor shal do,
perform, and carry out, In a satisfactory and proper manner, as determined by the State, all wO(I( elements
as Indicated In the •scope of Services", set forth In the Attached Exhibit A, hereinafter referred to as the
·Project" Work performed prior to the execution of this Contract shall not be considered part of lhis
Project
2. Responsible Admn tStralor. The performance of the services reqwed hereunder shal be under the direct
supervision of the employee or agent of Contractor lden~fied in the attached Exhibit A., who Is hereby
designated as ::it> ,~ministrator-m-charge of this Pro,ect. Al any lune the adm,nlstralor-tn-charge rs not
assigned to this , ~t. all wor1< shall be suspended until the Contractor assigns a mutually acceptable
replacement adr .. -.tralor-m-charge anJ the State receives nobficalion of such replooemenl assignment
3. Time of Performa ice. Thi s Contract shall ~ecome effective upon proper execution of this Contract. The
Project contemplated here in shall commence as soon as practicable after the exl!cution of this Contract
and shall be undertaken and performed In the sequence se t forth in the "Time of Porformance" In the
attached E,hibil A No Economic Development Commission Funds provided under this contract will be
Page 1 of 7 Pages
E X Ii I B I T l
expended poor 10 lhe fun execu:,on of lhlS-con:cacl The Contraclor ag·ces I~aI hme Is ol lhe essence an • lhe perfocmance of tis obhgahons under lh,s Conlfatl and Iha! CO'llplellcan ol lne Pro1ecl shall occur oo Ia1er than lhe lerm,nal,on dale se t forlh 111 lhe 'Tome ol Performance• compensat10n and Method of Pµvme nt The Stale agre9s lo pay to Ihe Conl!aclor. In cons1derahon for the work and services lo be performed, a lolal amount nol lo exceed ml;_l.VE THOUSAND FIVE J:!Uf:IQRED AND NO/1 00 DOLLARS 1512 5001. The melhod and lime of payment shall be made in accorda nce wilh lhe "Paymenl Schedu le" sel forlh In Exh1bil A.
~-Al all limes from the effectrve dale of this Contract until complel1on of this Projecl. lhe
Conlraclor shall mainlain property segregated books of Stale funds, malch1ng funds, and other funds
assocoaled wilh lhis ProJCCl All receipts and expenchlures associa ted w1lh said Proiect shall be
documented in a detailed and specdoc manner, and shall accord wrth lhe "Budget" sel forth in Exhibit A
ConIraclor may adjusl budgeled expend,Iure amounts up lo len p..>rrent (10%) wIlhrl said Budge! w,lhout
app,oval of lhe Stale. Adjustments ol budge! expenddure amoonls in excess of ten percent (10%) musl
be aulhonzed by the Slate in an amendment to this Contract properly executed and app,oved pursuan1 to
!he Stale F1Scal Rules. In no even! shall !he State's lotal ccansoderallon exceed lhe amcx.nl shown ,n Para-
graph 4 above.
a Unless otherwise provided In lhls Contract, ,f Exhlb1I A provides for more than one paymenl by Ille
Stale, the Initial payment set forlh In the Payment Schedule shall be made as soon as pracllcable
a lier proper execution or this Contract. The Contractor shall initiate all subsequenl paymenl requests
by submllllng documented proof of proper expenditure of State funds lhus far received lo a contracl
monitor designated by the Slate
b. The Contraclor shall request lhe l!ail payment, which Is the amount v.,thheld by lhe Stale unlil the
Projecl is complete , for lhe Projt!cl by subm11ting to lhe contract monitor a detailed cosl accounting of
all State funds received and expended towards complelion of Iha PrOjecl Upon delermlning 10 tts •
satisfaction !hat all funds received by !he ConIracIor have been properly spent lowards
accomplishment of lhe Project. Ille Stale shaN promplly make final paymenI lo the Contractor.
c Wonin n1nely (90) days of comp. ' Jn of !he PrOjetl, lhe Contractor shad submrt to lhe ccanltac1
monilor a detailed cos I accoun I,ng of expend1Iures of the final paymenl recerved from the State. Any
Stale funds nol eipended In connechon wrth Ille Projec1 shaQ be remllled to l he Slate at !hat bme.
6. 6l!!!!l. The State or lls authorized represenlat,ve shall have the righl to lnspecl, examine, and aud~
ConlracIor's records, books and account s, inc luding lhe right lo hire an Independent Cerllfied Public
Accounlanl of lhe Slale's choosing and at lhe State's expense to do so. Such dlscrellonary audit may be
called for al any lime and for ijny reason l rom lhe effective date of this Contract unlil fivo (5) years afler
th e date final payment for !his ProIect Is received by lhe Contractor, provided that the audit Is performed al
a Ume conven ienl to the Contractor and during reg ular business hours. Whether or not tho Slate calls for
a d1screlionary audit as provided for In !his paragraph, If lhe Projecl is accomplished w1U11n a single fiscal
year of lhe Contractor, the Conlraclor shal, al lhe conclusion of lhe Projecl, and in addiloon lo any olher
reports required, submit a repof1 and aud1lor's slalcment of Ille ProJect accoonl lo the Econormc
Oevelopmenl Commission Such repof1 shaft be prepared in conjunchon wolh Conlraclor's regular yearly
audit, and musl be submitted w,Ih,n six (6) monlhs after lhe close of the !hen currenl Conlraclor's fiscal
year
personnel The Conlracl0< represenIs !hat he has, or w,~ secure at hlS own expense, unless olhe,w1se
slaled In Exhobil A all personnel, as employees or the Conlr:ic1or, necessary 10 perform the work and
services required lo be performed by the Contractor under this Conlracl All of lhe services required
hereunder will be performed by the Contraclor or under his supervision, and afl personnel engaged in lhe
work shall be fully qualified and shall be aulhorlzed under State and local law lo perform such services.
Te rm I nation of Conlract for Convenience of Either Parly. Ellher the Stale or the Conlrac tor may lerminale •
Ih,s Contract al any lime !he party determines lhal the purpose of lhe Contract would no longer be served
by complellon of the Projecl The parly desiring to lerm1nale lhe Contract shall effecl such termination by
Page 2 of 7 Pages
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g,v ng w1111en no:,ce c ' terrn,ra:on 10 I/le otner party and spec1f1.ng I/le effecl,ve dale 1/lereof, al leas! 1hirty (30) days pr101 lhere10 In 1na1 event all fm1shed or unfin shed dOcumenls and other ma:ersals snail, al lhe opuon of lhe Slate, become 11s properly Conlraclor shall repay fund: advanced and not expended ,n accordance w th the terms or lh1s contract Conlrac1or shall not be relieved of any obhgahons to repay funds advanced as a laan, nolw 1hstand1ng any lenm1nat1011 cl lhe contract IOt convenience 9 Termination of Contract for Cause. Repayment of Advanced Funds a If. 1hr®gh any cause, lhe Conlracl or shall fail lo lull1II In a 1,mely and proper manner rts oblgat,ons under lh,s Contract or J lhe Contractor shan violate any or lhe covenants, agreements, or
st1pulations of this Contract, the Stale shall thereupon have the nghl to termmate this Contract fOf
cause by giving wrll!en nollco to the Contractor of such lermm allon and spec1fy1ng the effective
dale !hereof, al least five (Si days before the effective dale of such term.nallon. In that event, all
finished or unr,ushed documents. dala, stu<fies, surveys, drawings, maps, models, pholographs,
medra contracts and reports Of olher material prepared by the Contractor under th is Contract
shall, at the option of lhe State , become Its property, and the Contractor shall be entitled to
receive i ust and equitable compensat,on for any satisfacto,y work completed on such documents
an;! other material s
b Notwithstanding the above, the Contractor shall not be relieved of li ability to the Slate for any
damages sustained by the Stale by wtue of any breach of the Contract by the Contractor, and the
State may withhold any paymenl to the Contractor for the purpose or selOfl unti such bme as the
exact amount of damages due to the State from the Contractor is delenmlned
c If funds have been advanced to the Contractor, Contractor shall repay such funds to the extent
they are not expended m acc0tdance wtlh the lerms of this contract at the lime of lenm,nabon
1 O. ~-The State may, from time to time, require changes i11 the scope of services of the Contrac t to
be performed hereunder However, this Contracl Is lnt;,nded as the complete integration of a~
understandings between the parties al lhrs time, and no prior or contemporaneous addillon, delet,on, Ot
other amendment hereto, 1nclud1ng any increase or decrease 1n the amount of momes to be paid to the
Contractor, shall have any force or effect whalsoever unless embodied In a written contract amendment
Incorporating sucn changes executed and approved pursuanl lo the State's Fiscal Rules Nolw1thstand,ng
this prov,s1011, changes on lhe trne of performance may be agreed to by letter If so provided for in Elch1blt
/\, and contractor may make adJu~tmenls of less than 10 percent ,n budget hne stems as provided fOf In
the "Accounting" section of this Con tract.
11 . Conflict oflnteresL
a No employee of the Contractor shall perform or provide part-tone servtces for compensation,
rnoneta,y or otherwise, to a consultant or consultant f,rm that has Ileen retained by the Contractor
under the authority of this Contract.
b. The r.ontractor ag rees that no person at any time exercising any funct1011 or respons1blhty, In
connection with the elements of this projec t that are financed with Stale funds, on beha lf or the
Contraclor shaU have Of acqu11e any personal fmanciaf or economic mteres~ direct or indirect, which
wiU be materially affected by this Contract, except to the extent that he may receive compensatson k.<
h is performance pursua nt to this Contract
c A personal financ,al or economrc 1nteres1 includes. but is not hmrted to:
any business enhty on whrch lhe person has a d11ect or 1nd~ect monelary interest,
any real property in which the person has a direct or Indirect monetary interest,
iii. any source of income, loans, or gifts received by or p1omlsed to the person within twelve (12)
months pnor to the execullon date of this Contract,
iv any busrness entoly on which the person rs a director. officer, general or limited partner, trustee,
employee, or holds any posit ion of management.
(a) For purposes of thi s subsect,on, rnduect investment or interest means any investment or
,nteresl owned by lhe spouse, parent. brother. s,ster, son, daughter, father-on-law,
Page 3 of 7 Pages
Mo:her-~-law bro1her-1n-law, s1sler-in-law son-in-law. or dau;hIeI-in-law of 1he person byan • agent or o,s1her behalf. by a general ,m,ted. or sient partner of !he person. by any business en1·1y costtotled by said person, or by a trus1 ,n which he/ss9 has substa,11,at interest A bus•iess enl,ty ,s controlled by a person 1f that person, his/he-agent. or a relative as defined above possesses more than fifty percent (50°4) of the ownership •lleresl Said per•on has a subslan11al economic interest ,n a lrusl when lhe person or an above-defined relat,vo has a present or fulure lnleresl worth more lhan One Thousand Dollars ($1,000.00). d In the event a confl,ct of interest, as desc11bed In this Paragraph 11, cannot be avoided without
frusttallng the purposes or th,s Conlr:,cl the person involved in such a conflict of interest shal submit
to the Conlraclor and the State a run d,sciosure slatement selling f()(lh the details of such confl,ct of
1nleresl In cases of exlreme and unacceplable confllCls of interest, as determined by the Stale, the
Stale reserves the nghl to lermlnate the Conlract for cause, as provided in Paragraph 9 above .
Failure lo Me a disclosure statement required by this Paragraph 11 shall conslltute grounds for
te rmination ol this Contracl for cause by the State
12. Subcontracls. Copies of any and all subcontracts entered into by the Contractor to accompHsh this
Prqect wdl be submitted to the Economic Development Comm1Sslon upon request by the Stale Any and
an contracls entered into by the Contractor shalcomply Wilh al applicable federal and Colorado state laws
and shaA be governed by the laws of the State of Colorado notwithslanding provisions therein to lhe
contrary.
1 J Severablllly. To the extent that this Contract may be execu ted and performance of the obligations of the
parties may be accomplis~ed w,thln the intent of the Contract, the terms of this Contract are severable,
and should any term or provision hereof be declared invalid or become lnoperat,ve for any reason, such
onvahdky or fai!Jre shaft not affect the valichty of any other term or provision hereof. The walvl!f of any
bleach of a tern, he,eof shah not be construed as waiver of any other term
14 Bind mg on Successors Except as herein otherwise provided, this agreemenl shall inure to the benerrt of
and be b1nd1ng upon the pat11es, or any subcontractors hereto, and their res pective successors and
assigns,
15 AsslgnmenL Neither party, nor any subcontractors hereto, may assign ,ts r,ghts or duties under this
Contract without lhe poor wntten consent of the other party
16 Lrm,tation lo Part,cular Funds The parties hereto expressly recognize that the Contractor os to be paid,
reimbursed, or otherwise compensaled with funds provided lo the Slate for the purpose of contraclJng for
the services provided for herein, and the rc?fore, the Contractor expressly understands and agrees that all
Its rights, demands and claims to compensation arising under this Contract are contingent upon receipt of
such funds by the Slate In the event that such funds or any part thereof arc not received by lhe Stele, the
State may immediately terminate this Contract
17 M1nontv Business Enterpnse pa~-II JS the pol<Cy of the State of Colorado that mir.onty business
enterprises shall have the n a.i.,mum pracbcable opportunity to part,c,pate In the pertoonance of Its
construct10n grant contracts. l he Contraclor agrees lo use ,ts best efforts to carry out this poricy to the
fullest extent praclicable and r.onsistent w,th the efnclenl performance or this Con tracL As used In this
Con tract, the term "minonty business enterprise" means a business, at least 50 percent (50%) of which is
owned by minority group members or, In the case of publicly owned businesses, at least 51 percent (51o/,)
of lhe stock of which ,s owned by m,nonty group members For the purposes of this def,mtion. minonly
group members are Negroes or Black Amencans, Spantsh-speaking Ametocans, Asian Amer,cans,
Amer,can Indians. Amer«:an Eskimos and Amencan Aleuts The Conlractor may rely on wr1lten
representations by bidders, contractors, and subcontraclors regardrng lheir status as mlllOfity enlerpnses
and need not conduct an Independent inveshgahon
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18_ llifil. The state agency, as purchaser, ,s exempt from all federal excise laxes under Chapter 32 of the •
Internal Revenue Code (No 84-730123KJ and from all slate and local government use taxes (C.R S 39-
26-114(8) and 203, as amended( Vendor Is hereby nohhe~ lhat when mater:als are purchased for ,he
Page 4 of 7 P;iges
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benef ,: of the State, such exe-r,p1,ons a:ipJy ex;ep: t~a: ,n certain podieal subd,v1s10ns (for exam;>le. C,ty of oe,,.,er) the ,e,dor may :ie reqJlre!! to pay sa es or JS e taxes e,en thought tne ul:.mate procuc: or se'Vlce .s p,ov,ceo to :he S:ate TheSc saies or use :axes ,, II !101 be reimbu•sed by lhe state 19 I nie lectual Property a Contractor will inoemn1fy Slate for ,ts reasonably ,ncurred legal expenses and w,11 defend or sellle. at Conlraclo~s opt ion and expense, any legal proceeding brough1 against Sta te, 10 the extent that u is based on a claim that products ,nfnnge a trade secret, trademark, mask work. copyright, or palenl Contractor will pay all such expenses, togelher w.th damages and costs awarded by the court y,t,,ch
finally detenmmes the case. or are •=ed In the seltlemenl thereof. ij Stale . (1) grves written not ce
of t'le claim prompUy lo Conlraetor, (i) QNeS Contractor control of lhe defense and settlement of the
claim; (••l provides to Contractor, at Comractot's expense, all avaiable information and assistance,
and (iv) has not compromised or settled such claim.
~-If products are found to infringe, Contractor will : (I) obtain for Slate the right to use such products : (II)
replace the products 1•nth non-Infringing products or modify the products so that they become non-
lnlr,nglng: or, if neither of these Alternatives is reasonably avadable, (ii,) remove the lnfnnglng
products and refund the price paid there'ore
c. Contractor has no obhgatJOn under this Paragraph 19 for any c!a,m which results from : (1) use of
products in combinat,on with any non-Contractor provided equipment, software or data, (Ii)
Coniraclor's compliance with designs or specification of State; (ill) modification of products other than
at Contractor's direc!Jon: or (Iv) use of an allegedly Infringing version of products, if the alleged
Infringement could be avoided by the use of a different version made available to State.
20 Order of Precedence In the event of conilic-.s or incons,stencies between ttus contrac1 and tts exhibits or
auactvnents, such conflicts or li'ICOnSlstencies shaU be Msolved by reference to the documents ,n 11\e
following order of p1'10111y 1) Colorado s,«ial Pro111s,ons. pages 6 to 7; 2) Contract, pages 1 to S: 3)
Exhibit A; 4) Any attachments lo Exhlbd A.
21 . Notwithstanding any other term or provision In this contract including the previous provision ent,t led
·order of Precedence· the parties agree that Special Provision 3 shall be amended as follows:
3. INDEMNIFICATION: To the extent alowed byla.v, the Contractor shall indemnify, save, and hold
harmless the Slate, itS employees and agents, aga,nst any and al claims, damages, liabli,tyand C0l#1
awards Including costs, expenses. and attorney feels and related costs, incurred as a result of any act
or omission by Contractor, or Its employees, agents, subcontractors, or assignees pursuant to the
terrns of this contract.
Page 5 o f 7 Pages
S PECIAL PROVISIONS 1 CO NTROL.LER·s APPROVAL, CRS 24~3 0-201 ( 1 ). Tn,s contract shall r,al t~ cccmed v11hd iJnUI 1t r,e~ beco approve: by the . Cotorarto Slate Cc.n:rot1'1r at dl!'itgl'\tt 2. FUND AVAllABlL.fTY, CRS 244 30·202(5.5). F1nanoa, Obi 9a:.or.1 of the St,tt payt-alter tn-,o.,rrent trsc.,1 ye.or arecontlflQt'nl upon fuods for thot purpose belno approprult~d. oud9c1ed, llnd othcro,se mdde ava1!11bte. J. JNOEMHIFJCATION ContrKtO("shail,ndemnlfv. save, anc, hold narmle. ... s the State, lu r-mployeesand agents, against any a11d all da1m~, damagcst lrab.hty and court Jyfaras incluaU'lg costs, eJCpenses, and att:>mey f~ J'\d re.Yted costs, ""cuncd as a resulto/ afly «t or ortussion bv Contractor, or its employees, agencs, subcontractors, or asstr.;nees pursuant to the terms of this contract. {Appllcilble Only to Jntcrgovemme.nt11I Contr•t:tl] No term or condition ot lh,s; contract shall be constl'Ued or Interpreted 1,s a war1er, ex-prHS or 1mpUed, or any of ~ .mmun,ti.es, nghcs, benefits. protetUOn, o, other prov,Skltls, ol the COk>rado Governmeotal
Immunity A.:t, CRS 24• 10·101 et seq., or the Federal Tort Claims Act, 28 U.S C. 2671 cit ~-. as 1pphcab1e, as now or hertafter
aim~nded.
4. INDEPENDENT CDNlRACTDR. 4 CCR 801-2. Contractor shalpo,fonn4SdtruCSll'!mlllde,as •n lndej)tnelent contrKtorand not
as on l?mploye:c. Neither contractot nor any agent or tm?'ovee or contractor shall bf Ot shall be deerMd to be an agent or tmplo.,ee or
the stale. Conlractor shall pay whtn due all rcqulred rmploymcnt taxes nnd inr.omD taxes aru1 local he.ad taxes on any monies paid by
the stile pursuant co th·s. contract. Contrtctor Kknowledges that contractOI" and Its employees are not entltlcd co une.mployment
insurance benents untes, contfltlor or a thlfd party provides suet, coverage and th.lt the state does not pay for Of' other1'i$8 provide such
co~eriioe. Contractor snall have no authonzauon, e,cprcss or lmphed, to bind the stote 10 tiny agreemen¼, l1fbtl1ty or understaincung,
exuin as expressly set forth herein. Contractor shell provide nnd keep ln force wf')rkers' compensation (and provide proof of such
lns\#'ince when requested by t:ne st.ate) and unemployment compen~tton insurance 1n the nmouots rcQu1red by law and shall be .solely
respoo~bre for ns acts 1n<1 those ot fts employees and agents.
s. NON•OlSCRl MINATlON. Contractor agrees to comply with the letter and the spirit cif a ll appllcable State and fede,ral lnws
resptel#lg cisuiminauon and 1.nf1tr employment pr1ctices..
6. CHOICE O F LAW . The laws or the State or Cotorado, end rules aod rrgulaliOns issued pursuant thereto, shall be aPOhed" the
lntefprr:tatlon, execution, and t:nforc:ement or thls contract. Any provision of this contract, whether or not Incorporated herein by
reference, w1·uc.h provides'°' arbitration by 1nv e,ctra•Judldal boJv or person or which ts otherwise In conflict with satd laws, rules, nnd
regulations shoU be cons!~ nuft arid void. Nothmg contatnf.d In any pro11lsaon Incorporated herein by reference wh~ purports to
negate this or onv other special provision In whole or In part sho1I be 11.1alld or enforceabfe or avallable In any ecUon at taw. whether by
way ot complaint, defense. or otlierwlse. Anv provision rende red null and void bv the oper&Uon of this prov ision wlll not Inva lidate the
remainder of this contr1ct, to the ~tent that this contract ts capable of c,cecution. At all Ume, during the performance of lhls contract,
Contraaor shall stnetly adhere to all apphcable rtderal and State &affs, rules, 1nd regui1Uons that have been or may hereafter be .
estabhshed.
7. !Nol Appllc•ble to l ntergo•ernment1I Contncts] VE NDOR OFFSET. CRS 24-30·202 (l) and 24•30-202.4. The Stole
Concrouer may withhold peyment of certain debts owed to S~te egeooc:s under the \'rndor olfset intercept system fDf': (1) unpa1d chlfd
suPf')ort debt or ch ltd soot>Ort arrtar,ges; (b) unpaid bilfances of tax, accn.,ed Interest, or other chargn speof1f'd In Arttdc 21, lltle 39,
CR.S; tc) ung1ld loans due to the Student Loon Olvls 10n of the Department ot Higher Educa11 0n; (d) amounts required to be paid to the
unemployment Compe:n11uon Fund; and (e) other unpaid dtbt.s owing to the State or Its agencies, as o resu lt of nnal agency
determination or reduced to Judome:nt. as certified by the State Controtter.
8. SOFTWARE PIRACY PROHlBl T'ION, Go vernor's Executi ve Order O 002 00. No State or other public runds payable under this
coo1rac:t shaU be used for the oc:qu1ilt10n, opcr10on, or maintenance or computer software In vlol1t100 of federal copyr19ht laws or
applcabte tkenslng restncttons Cor,traaor hereby certJf1eS th1t, for the lerm olthlt contract Ind any extensaoris, Contractor has in place
approprlo te systems MO controls to prevent such tmproper use or pubhc funds. tf the State determines that Contr11ctor ts kl v,olabOn of
thjs parograph, the State may c111:crdsc aoy remedy available M law or <!Qulty or under this conlritct, tncludmg, without l1mltat100,
•mr1NUate trrm1~tl0ft of this contract and •ny remfldy consistent wd.h federal copyright l~ws or applkable hcensing relitOCllons,
9. fMPLDYEE FlNANCIALJNTEREST. CRS 24-18·201 and 24-50-507 the liQnatoriuavcr thatl their knowledQ<, noempoyc,e
of the State hes ony personil1 or bencnc111l lnlerest 111hntsoevor In the serv,cc or property dcsc.rlbed In lh1s controct.
10. (Not A ppl/a,b/o to lntergo•emmMtal Contracu]. ILLEGAL ALIENS -PUBLIC CONTRACTS FDR SERVI CES AND
RESTRI CTI ON S ON PUBLIC BENEFITS. CRS B-17.5-101 Ind 24-76 .5-101. Contractor ce<tlflts that It Shan comply ..-,th lhe
prov Ir.Ions ol CRS B· 11, 5· 101 CL seq. Contractor sha ll not knowingly employ or contrec1 wtlh M Illegal ahen to ~O~
CQ.DUJtQ or enter into I contract with a subtontractor thol falls to ccrutv to Contractor that the :.ubcon1ract0r :;hnU not knowlngly em1Jloy
or contract *-lh on .JlcgJI .tlien to~~~~ Cont1'actor rrpruent.s, WltrfimlSt and agn.'CS that 1,t (1) has venf,ed
that It docs nol employ nny 1l1egi,I ~!tens, through parUcipauon In the Bi!SIC P.rot Empkiyment VenficatlOfl Proomm admimsti,ed by the
Social Sccurw Admml~trnlion and D~p;u-1mcnt or Homl'land Security, and (11) otherwise shull comply with th, requ1remcnlS or CRS 8·
17 .5-107(2)lb). Contr1ctor shaa comply w,th au rcosooable requests made In u,e ...,,... o( an lnvesilgollon under CRS 8•17.5·102 by
theCok>radn Depattft"IC!flt o( labor ■nd Emptoyment. Failure to comply with ilO)' reQUw-ement of this PfOVIS,tOO orCAS 8· 11 S,.tOl e.t k.'Q.,
shlllt llf' cau1c for tcrm1nauon for breach and Contractor shall tie liable for act1.1al and consequt.nUal damages.
Co,,t.ractor, ~ a naturaf person eighteen (18) years of og~orolrler, hercb'r' swears or affirms under pcnolty of perjury thttl he or she (I) Is
t ancn or otnerw1se l;tNfulty prcse.nt r lhe United Slates pu ;,~aol to recter-al law, (It) shallcoq>ly ,;,;,th the prOYWOM of CRS 24•76.S·
101 et seq., and {uj) :;hall produce one form or 1dent1Cic0Uon required by C~S 24 ·76.5-t0J prlQr to the effective date of thts contr.tct.
Re~ .. -d Och .,er 25, 1006 Effective Date of Special Provisions: August 7, 2006.
Page L ol _r_ pages
• THE PARTIES HERET O HAVE EXECUTEC THIS CONTRACT CONTRACTOR : City of Englewood Ltgll NIIN or Conua,~ Enti.ty
84-60 00583
S0Cl.li S.cun1Y N\in6ei 01 FEIN
St~n,turo oJ Autnonzed 011,cer
J ames K. Woodward , Mayor
Prinl Name & Tiffi o, AulhONed Officer
CORPORATIONS: (,\ """°"'\• 1t1os\1hon o, •~ )
STATE OF COLORADO: B ILL ~TTER, JR. GOVE By_~-~~~--------Alice Kotrt,k, Otputy 0 1rector
Office of Economic Development
PRE-APPROVED FORM CONTRACT REVIEWER:
/'
By )/~, ,c 1 /If, -----Sonya uram
Attest (Seal) By--~-~------
• Loucrishia A. Ellis City Clerk
IC0<po•ate Stcrelll'f or Eqliva!enl or Town/CllylC"""'YCltt'l tl'lice CO<pot11le MIii,,_. 11,v.,l1bll I
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ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that t he Slate Controller approve all state contracts, This contract Is not valid until
the Stato Controller, o r such assistant as he may delo11 ate, has si gned It. The contract or Is not authorized to
begin perfo rmance until tho contract Is signed and d ated below. II performance begins prior to the date
below, the State of Colorado may not be obllgaled to pay for the goods and/or services provided,
STATE CO NTROLLER:
Leslie M, Shenelell
By ____________ _
John Rubano
Date. ____________ _
EfTct11Ye Date: August 7, 200/i
Pago _7_ of _7_ pages
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• EYHIP·T A
SCOPE OF SERVICE S /. !~.:., P,, (t'd ENT SCHEDULE
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EDC # 744 Extt,err A Colo1ado E:onomic Development Commissoo SCOPE OF SERVICES Prolect Doscription and Rogulroments
n,e PrOjt)Ct consists of providing the Contractor w,tn matching funds for :he l)l'omobon of eco'lom,c
development 1n the A1apahoe County Enlerpnse Zone area These funds shall be used for the
purposes of promo110nal acllv,lles lhal will mal1<el and adveruse the advantages of locating a busuiess
111 lhe Conll'actofs enterpns, zone ,,ea, create a pos1trve identity for the enterprise zone area,
encourage relent10n and ex pans 10, , existing bosinesses, promote redevelopment, expand the
region's tourism Jndustly, attract r uu\lnesses, and generally erhance the economic growth of '.he
enterpnse zone area. Such aclt, ·, • ,II Include lhe preparation. production, and/or dlstnbullon or
marl!e t resea1ch, printed mater,,., direct Mail campaigns. print media adverbs Ing, trade show
promotions, special events, dir .-~1 bus1ncf prospect visitation, and other closely related activities. No
more than 25 percent or these ,.,nds may ; e used to pay for contraclofs administrative or staff costs
Contractor may allocate funds to ~r, or rrore subcontractors involved In promotion and economic
development actlv1tles In Ille enterµ"SS ·: ... , ,d. Cont ractor shall be resp~%ible for ensuring and
documenting tho expenditure of the requ ired local matching funds by Contractor or by Its
subcontractors.
The conlnbutlon from the Economic Development Fund under this Contract shall not exceed the
amount of local matching funds expended on this project or TWELVE THOUSAND FIVE HUNDRED
ANO N0/100 DOLLARS {$1~, whichever is less. All project costs in excess of this amount will be
tne responsibility of the Conlractor. Contractor shall match E.O.C. funds used on 1his project with al
least a dolar-for-dollar cash match from local sources Local expenditures on enterprise zone
marketing projects Incurred pr101 lo the effecltve date of this project but subsequent to Janua'Y 1, 2008.
may be counted toward the matching funds requirement, provided that such expenditures have not
been used to meet other state conuactLal matching fund requirements
Tne performance of the services reqwed hereunder shall be under the direct supervision of~
Fenton, a" employee or agent or Contractor who is hereby designated as the admnistrator•in•charge
of this Pro,ect
2 Time or Performance
The PrOJl!Ct shall commence upon cxecut10n ol U11s Contract The Contracl Wilt expwe on~
l!.122§. except that the Contract may be extended a maximum of 1 month subject to the mutual
agreement of the St:ite and the Contractor A request for extenSJOn by the Contractor shal be
subm1tteo to t· State at te:ist 30 days pr,or to the expuation of the Contract with a fun Jushfic:1t10n for
the extcns10n 1equc.t
EDC n44 • Exi11b1I A
f>nge 1 ol 2 Pages
~ E o C Fur.ds local Funds
TOTAL
---------------$12,500 I 12.soo I $?~.000
EXPENDITURES , 1rket Research, Pubhcat,ons , Advor1ts1ng , Tr,·de Shows, Web s,te Development. Seminars, and Direct Marketing for the Arapahoe County Enterp11se Zone Program Zone Adm1111strat10n
TO TAL·
$18,750 6)50
$25,000 '--'------~-
4 Payment Schedule
II.
Ill.
$5,000
$6,500
$1,000
tnruat payment to be paid upon reques: by the contractor fotloWing the execution of thi s contract.
lntenm payments to be paid upon request and the submission of proper docume.,1at1on of
expenditures of E D C. and local funds and work progress.
Final payment lo be made upon sat,sfactory completion of the ProjecL The Contractor will ~ubmlt a
final financial and narrative report documenting the expenditure of an E.D.C. funds for which payment
has been requested and of matching loc al funds .
$12,500 TOT "l
Requests f01 payment win be 1n1t1aled by the Contractor In accordance with the provisions of Paragraph 6 of the main •
body of this contract
5. Monitoring
Colorado E:onomlc Development Commission slatrwill monitor this Project on an as-needed oasis.
6 , Reporting Sc h edule
The Contracto r will submit an interim financial and nam.llve report properly documenting all expenditures of E O.C
funds at the lime lnle<im payments are requested The Contractor will submit a final financial status report properly
documenting all e,pend,tures of E.O.C, funds al Iha lime the final payment Is requested, In accordance with lhe
payment schedule.
EOC #744 • Exh1b1t A
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COUNCIL COMMUNICATION Date: Agenda Item: Subject: March 3, 2008 9 a ii Ordinance to grant utihty easement at 2390 West Wesl~ A,-enue to Publk Service Company of Colorado
Initiated By: Staff Source:
Community De\'elopment Department Harold J. Stitt. Community Development Manager
COUNOL GOAL ANO PREVIOUS COUNCIL ACTION
Couno1 approved Ordinance 45, Series 2005 purchasing 2394 West Wesley Avenue.
Council approved Ordinance 28, Series 2007, authorizing an IGA with the Arapahoe C.:>mmunity
College/Area Ca,eer ~ Technical School to budd one single family residence on the site.
RECOMMENDED ACTION
Staff recommends City Council approve a BiU for an Ordinance granting a 6'e loot utility easement lo
Public Ser\'lce Company of Color.ado for property located at 2390 West Wesley Avenue.
BACKGROUND, ANALYSIS, ANO ALTER.NATIVES IDENTIAED
The property originally known as 2394 West Wesley Avenue \\as re-subolVided administratively into
three smaffer sites known as 2370, 2380 and 2390 West Wesley Avenue. The Arapahoe Community
College/Area Career and Technical School (ACTS) Is completing the construction of a single family
house at 2370 West Wesley Avenue. The house is scheduled for completion by the end of May 2008.
As a part ol this devefopmen~ the electrical utilities thal serve these properties will be placed
underyound by Public Sen.ice Comp.any of Colorado. In order to accomplish this, Public Service
requires five feet along the west si de of Lot 1 (2390 West Wesley Avenue).
FINANOAL IMPACT
Fund 4& covers aft costs of development. There is no other financial impact to the Oty.
UST OF ATTACHMENTS
Bill for an Ordinance
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ORDINAXCE NO SERIES OF 2008 BY AlffHORm· A BILL FOR COUNCIL BILL NO 17 INTRODUCED BY COUNCIi MF-\IBFR ____ _
AN ORDINA.'IICE GRA.'fflNG A UTil.rrY EASEMENr TO PUBLIC SERVICF
COMPANY OF COLORADO FOR INST AL1.A TION OF UNDERGROUND
llTILITIES AT 2390 WEST WESLEY A VThUE.
WHEREAS. the City Council of the City t>f Englewood oulhonzcd the purchase of 2394
WC$! Wesley A,cnue wuh the passage , . Ordinance No. 45, Series of 2005. and
WHEREAS, the propcny, originally kno"n as 2394 West Wesley Avenue." as re•
subdh-idcd administratively into three (3) smaller sites Jcno,.11 as 2370. 2380 and 2390 West
Wesley A,cnuc: and
WHEREAS, the City Council of the City ofEoilcw< ~ ,ulhorizcd an intergo,cmmcntal
ajlrecrnent with the Aiapahoe Community College/Arca C'•recr and Technical School
(ACTS) to bwld one stngle farruly residence on the site of2.390 West Wesley Avcnoc. and
WHEREAS. as pan of Ibis dc,-clopmcnt, the electrical uulitics that scr\-c these three
propenies will be ploced undCf!;'"'und I v Public Service Comp;111y of Colorado for which
Public Semcc «quires a fh-c r.,., 2S<h>cnt along the west side of 2390 West Wesley
Avenue: and
WHEREAS. the passage of lhis Ordmancc authorizes the granting of a five foot uuht)
casemcn1 along the "est side of 2390 West Wesley A, cnuc to Public Service Company of
Colorado for the placement of undergiound electrical utilities·
NOW, THEREFORE, BF IT ORDAINED BY TilE CITY COUNCIL OF THE CffY OF
ENGLEWOOD. COLORADO. AS FOLLOWS:
~-The ~Public Service Company of Colorado f.ascmcnt" from the Cny of
Englewood. Colorado 10 the Public Service Company l)f Colorado. onllChcd ~o as Extubu
A, is bcrcby accep1cd and apprt)\'Cd by the Englewood City Council.
~-The Mayor is authorized to execute and the Cuy Clerk attest and seal the
Public Service Company of Colorado Easement for and on behalf of the Cuy of Englewood.
Colorado.
lnlroduccd. read ID full IJld passed on first r....ding OD the 3" day of March. 2008 .
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Published as a Bil l for an Ordinance on the 7th day of March. 2008 . James K. Woodward. Mayor ATTEST:
Loucrishin A. Ellis. City Clerk
I. i..oucrishia A. l:111s. City Clerk of the City of Englewood, Coiorndo. hereby certify 1h01
the abo,·e and foregoing i; a true copy of a Bill for an Ordinance. u•1mtlurcd. read in full.
and passed on first reading on the 3rd day of March. 2008.
Loucrishi, ; . Ellis
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-.a..,, S\\'",':>-.~ ... "'"' s..o.i"'""'c., ... , \',tt1\'.~ .... A..,.,_,. DOC NO r,,r~--...,-,..aiiiRL,.,... f\.At~.n A ,,.,-~t.GOltf'H 1Dll01\\"~Ave W'!l"-OClll(OJII) 110610,22 t.aewoo1S.CO ecm PUBLIC SERVICE COMPANY OF COLORADO EASEMENT '"'• urn:1er1ignltd Cir1~or t'ltreoY l()J\')wlal.lgH rece.1)4 or _good end vlh.ttble contkf...-.iion from PUOLIC SERVICE: C0..1PANV OJ: COLOR~OO (Cnmp1ny), 122!-•lt" Stint, D■rw.,, CoklBclo, 1!10202-$&"1 ln coritldtu1IIOt'I ol ~ 01an\of(1) heleby 9uu•111 Ul\to H:d Company_ Ml• wccancu 1nd a11lg111, • -.on•e•dulive ea1emen1 to ,,n,1ruc1, opatllte, m1J11lalft, ,epalr, ■nd tepl11eo utility N ■ f'\il all, _10,e.1 ll'ld de ... "''· ul&l'.I a, Ulll~ In IIIO ~tlll11on ol said """'· ll'IIDUQh, ove,, 111\1.101, .c!&H, 1fld •long II COl,lto H tald linet may be l'lt1rMt1 oonwucl1td WI LOT 1, SO;JTHL.AWN OA.AOENS A.NNE..X FILLING NO , I SUDDMSION, In IN SWII◄ of Sechon U, 1own~h,p 4 Soulh, R•not Bl Well ol 11\t s+,1h Prlnctfl•I i•ttldlan In 11\t Clly o r E~. C.ounty GI Alapahot, Stal■ ol Colorado,
t:',9 Htiefflffll bell'9 dttctlbett H loi.ow1
71'le eaMfllltnll • 50 -..C In ..... Thi lkle .....,_,. NI ol ._ uNINnl: MIi b• ~ lfld ~•,..._..,ID
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e.awn.ni ft•~ NI r. ~•of~ p,opatlln
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logettM, wtCh lhl fiDnl 10 u .. IO mta::h 0, u .. ldfc,lrq p,e:fflJMtl of OtanlClf duMg t l,ll\<C.)4r'IQ, CDnlUUC:Oon. fflU\tenllnce, repeu,
temoval, Dt 1tr>l,lcemtm of aM9 • .,. Unes lfld tt.''J,lti1 ftXIUte!I Ind devtcu It may be IIQulflO 10 permll lht optralbl ol 1tandt111
1.11~y cons.1ruc11on or JflN'lr machlntty Thi Graotor n. ~1rve1 lhe righl to u11 and occupt 11'11 1111rMnl IOf' ■ny putpou con1lat1n1 'ftlcn
ll'le ngN1 IIU'ld pnvft,eg11 abCMI Qf&nled and wNch wm n t lnlaf1ere whh or end,nga, any or lhl iMd Company'• lll(;i!IU .. lhei~ Of UH
lhereof Such rtUNMIOM by IN Ol1n1oc Wll In no ev0t ' Inell.Ida t"6 rlghl IO ered 0t aull lO bl •r1Cled •ny ~· or 1lructur.1
upon 1tte etwimet11 9r11111d o, LO tiv..111 lnY mobllt PlatN or 1rwt Ul'lllt lhlreon In c.aN ol UM! r,e1m.1nent 1bltldor'llnent ol 1hl
euemnn&, II right, P"\l\ilQt. Ind WMttffl Qflfllod thll tarminau,
The'MA oflnllllinQ Ind ,.,...,.t,wwtg Mid hi and lld&re, 1h11 be doPla f.<llhor.. lhe NfacellorlQ lhe uHment 1h11 be raknd ,_,. .. ...,.. __ _
s,;n.,,-___ .,,., _______ 21101l
GRA.'HOR CJTY OF !NOL!WOOO
BY .. _________ _
Ja111e1 K, Woodward
ITS Ha.yor
S-AT£ Of COU)IWlO. , ..
COUNTY Of _______ )
\'/itn11t1myh1nd tndolllci .. 11al
My comml11ion Expl,11
(ptlnl name)
NolruyPu111"'•-----------
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ORDINANCE NO SERIES or wos ll\' \l 1 IIORI IY COL:0-:t'IL Bil L XO . 6 IXTRODUC FI) BY COUNCIi \IE~IBl,R MOORE AN ORDINANCE AUTIIORIZL'iCJ AN IN I ERuO\'l:RNMEN I AL ACJREl:MENT
REGARDING THE 2007 GRANT OF GR FAT OUTDOORS COLORADO BE1WEEN
THE STA TE BOARD OF THE GREAT OUTl>OORS COL0RI\DO Tilt 'ST FUND Al\D
THE CITY OF ENGLEWOOD. COLORADO FOR DUNCAN PARK ACv ·,smoN.
\\1iEREAS. the Englewood Cn) Council auth<>nll'll nn lmcrgo\'ent111L1 .... l
Agreement between the City and Englewood Sdw,ols ft•r the: , r I' n-">Choe!
propmy for pan.: and n:crca11onal p~•r· .-~ "11h the I'•"'·'~ : , •·du ~ No 15, 197S:
and
WHEREAS. the City of Englc11ood. Colorado ha s ,na11na11i.xl and 11pcrn1ed Uunco,1
Parkos a community park for o,·er 1hiny Y<~"' and the p:,rl ,s c••~1,Jc1s-J o mluat.lc ond
irreplaceable pan of the En11lcwood park system: and
WHEREAS. the Englewood CII)' Council aulhonzal an lntcr~o, emmcntal
Agreement between the City and Englewood Schouls thnt rctumcd control of the fonner
Duncan Park school building to the En~lcw0<>d School U1stnc1 "1th the pas,agc 11f
Or nancc No. 30, 1984: and
WHEREAS, m 2006 the Arapahoe School D1s1nc1 N<> I 11 ng!c,HxKI School D1s1nc1)
voted 10 sell the Duncan Pnrk propcny: and
WHEREAS. Duncan Park ,s the only Pork loct11cd III the ;.,111hcas1 qundrunt of the
City of Englewood: and
WHEREAS. the City's acquisition of Duncan Pnrk 1s the 11111.hc,t prillnt) for the Pork,;
and Recreation Master Plan and the Parks and Recrcauon Conum,>ion. nnd
WHEREAS. there is community iuppon for ke.11mg tins pa.red a, ruhhc lands anJ
free of pri,·nte development; and
WHEREAS. the Englewood City Council is comnuuc:J 1<> tl\tni: i:mnt nnd 1Nhcr ( 'II)'
funds 10 acquire the Duncan Park propcny; and
WIIEREAS. the Englewood City Council supponcd 1!1e Great Outdoor.< t'11!11md11
Grant application for Duncan Park Acquisition Funding b)• the pas<.igc ol Rc,,.1lutwn '"·
82. 2007: and
WHEREAS. 1hc Cuy of Engln1ood applied and wa.~ awarded o 2007 Great llutdoPr.<
Colorado Grnnt: and
WHEREAS. the passage of1h1s Ordinance will authorize the ncccptnnce of the Crcnt
Outdoor Colorado Grant for the Duncan Pnrk Acquisi''·• ProJ<><:t:
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NOW. TBEREFORE. BE IT RESOLVED BY 1, L tTfY COUNCIi OF THE CITY OF ENGLEWOOD. COLORADO. Tl I.AT: Scc1jon I, The ln1crgovemmenml Agrecmen1 regard mp 2007 Gran1 or Grcm Ou1tloors Colorado for 1he Duncan Park acqui sition pre•,• d nnached herc1 0 ns Auachm:n· I,,. hereby aoccpted and apprmed by the f.~r:c"ood City Council. Sec1ion 2. Pursuant 10 Article V, Sec1ion 40, or 1he l:n, lcwood Home Rule Chan er,
1he Ci1y Council has de1ermined 1ha1 Anachmem I. a11achcd 10 this Ord,nance. shall no1
be published because of 11s size. A copy is availablo in the Offico of the Englewood Chy
Clerk.
~ The Mayor nnd Chy Clerk arc hcrel,y • i;it0rized 10 sign and a11es1 said
Agreemenis for and on behalf of !he City of Englewood.• 'olorado.
Introduced, read in full, and passed on firs, rcadmg "" rnc 19th day of February. 2008 .
Published as a Bill for an Ordinance on 1hc 22nd cb> , •· February. 2008.
Read by 1illc and pnssed on final reading on 1hc 3"' day of March. 2008 .
Published by tille as Ordinance No._. Scncs of 2008. on 1hc 7th day of Mar, h,
2008.
James K. Woodward. Mayor
ATTEST:
Loucrishia A. Ellis, Ci1y Clerk
I. Loucrishin A. Ellis. City Clerk of the City or Englewood, Colorado. hereby certify
1ha1 the above and forcgoinp is a 1rue copy of the Ordinance passed on final reading nnd
published by 1ille as Ordinance No._. Senr, of 2008.
Loucrishia A. Ellis
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January 2, WOS
Mr. Gary llu lihcrg
Cny of Englewood
I 000 Engelwood PJ..vy.
Englewood, CO 80 I I 0
r • 1. 1 ,-r t l ti 1 111 \ 1, 1· , ( 1 11 t t Jt /\ 111)
Re : Granl Agrecmenl for Duncan Park Acquisi1io11, GOCO log# 08035
Dear G3T}~
Congra1ula 1i ons on receiving a grant awurd fro m Grcal Outdoors Co lorado (GOCO). Enclosed are
two copies of the grant agrccmenl for your project, Duncan Park Acquisi tion. Please read 1he
contract carefully as it will be lhe official agrcemenl between Great Outdoors Colorado and the
grantee .
GOCO requires lhat all site additions and impro,·ements be recorded on lhc propc1ty deed at lhe
completion of the project, before the final payment is disbursed. Please see auuchmcnt G
"Reslrictive Covenant" for speci fi cs. Also, please be cenain to complete the project location
address al the top of bo th ag reemenls. Pr,;ivid ing lhc inform ation in handv,rittcn form is sufficient.
Grant funding will be wired to the Litle company for the closing, which tl:r Ci1y of Engkwood has
indicated will occur during the quancr from October to December in 2008, subject to sufficient n~L
lollcry proceeds be ing availau le to the Board. The final report documemation must support all
projrcl expenses and mus t prov ide prooflhat lhe incurred expenses have been pain in fu ll.
Please use the follow.ng checklist lo ensure the granl agrecmenl conlains all infom1alion required
for rc"ie" and GOCO signature. Samples or each are anachcd.
o A revised budget rcnccti ng th e actual grant amonnt ($200,000.00), 111.iki ng changes if neccssnry
lo increased applicant and/or partner funding to cover any difference b..:,v·. ~n requested and
awarded amounts; or any other agreed upon cha1•gcs lhal may affect the o,•crall scope and cost
of your project
o A revised lin:cline, wh ich re0ccts GOCO's award <late and nn ticipalcd p ayment date.
Completion of 1hc projccl must fall prior lo December 3, 2009.
o A copy of the grant application, as submiticd to GOCO in August of20O7
• a A reso lution authorizing execution o f the co ntrnct by lh~ sponsoring entity.
A C Ii M J:: N T l
J!!,J ~ \.j I l A 1 0 li 11,)\l(l RS Co to1 ~,H' Be a\\are 1l11t any proposed changes lo lhe projccl mutt he submilled aflcr both panics have signed !he graal agreements. Once agrccmenls have been signed, lhc rcqucsl must he approved, in wriling, in :idvancc oflhe impl r,1entation ofll1e proposed changes.
The ap;,ropriate official 1dcn1ilied in tr.e resolution must sign U1eagreemcn 1. Please return t110
signed COJ>i cs 10 GOCO wilhm 45 days, or by February 27, 2008. Your grant may be
dcaulhorized if not received by this date, so please notify us of any delays. We will relum a signed
copy of lhe i:rant agreemcnl and a copy of lhe submillcd application for your records.
Pl eas e note, ,~ork on th e proj ccl ma y not begin until an executed grant agr eement si gned by
the Chy of Englewood nnd COCO hns been complcl ed.
I look forward 10 worki ng with you. Please do not hesitate to call with any qu estior •.
Gra.,1ec Acknowledgment:
On behalf of1he grantee, I acknowledge !hat the grant amount listed
abovr '· •he max imum amounl possible to n:ceive fo r this project,
and 1 .... GOCO's malching requirements must be met to qualify for
the full award. I also acknowledge that the anticipated payment dates
for 1!1is grant arc estimated, and actual distribulion is dependent upon
sufficicnl net lottery proceeds being available to the Board.
Tille: .........,lam e s K. Woodwar d 'lay"r
S 1 ... r, l\'1t'!IU\ or 11H Cll.~M OUll)('Or.li CcilC'IIIAOO Twsr rUNo
Jt,00 \\J,(l/1.11\H,\' • ~l)II( l(,!iO 01 N\"llt. LO 60202
1 tu, Ull./1 ,10.1 'Jl, ~\()0 • l"l\lMII I ]03•6{1.) /~I/
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G RANT AGREEMENT l'rojcct Name: rroJcct Completion Date: Duncon Park Acquisition Decen1ber 3. 1009 Great Ou tdoors C'olorudo Comract Ko.: 08035
GOCO:
Address:
Telephone:
Fax:
C ontnct name:
Grantee:
Address:
Telephone:
Fax:
Contact name:
Dote:
Exhibit A
Exhibit B
ExhibitC
Exhibit D
Exhibit E
Exhibit F
PARTIES TO AGREEMENT
The Stnte Board of the Great Outdoors Colorodo Trust Fund
1600 Broadway, Suite 1650
Denver, CO 80202
(303) 226-4523
(303) 863 -7517
Aimee Wesley
City of Englewood
I 000 Engel wood rkwy.
Engl ewood, CO 80110
(303) 762-2300
(303) 789-1125
Gary Hultberg
January 2, 2008
EX HIBITS
rrojcct Summary and Project Application
Approved Budget
Approved Timchnc
Overdue Grunt Policy
Due Diligence Checklist for a Great Outdoors Colorado Local
Government Land Ac•1uisition Project
Resoluti.in
RECITALS
A. The ~1:l!c Bourd of1he l irc.i , Ou1door, Co lor.id<• I no<I Fund (rcfc1Tcd 10 herein as "GOCO"i i~ a poli1ical subdivision of1hc Sime of('olor:1do. crcmcd hy Ankk XX\'11 of the Colorndo CC1ns1i1u1ion. ndoplcd 011hc 1'-<wemhcr. 1<1()1 (icncral Elec1ion. "hich aniclc appr1,pnn1es n ponion of the nc1 proce1.-ds of the Color.id<' Loucry 10 GOCO 3nd dir.!CL~ GO( 0 10 m,·est those proceed~ in the Sta1e·s parks. \\ildlif open space and rccn':ltionil =um.'<
B. In I 994. GOCO crcawd o s1n1cw1dc gram pwgrnm. pursuam 111 "hich
eligible en1i1ie~ cou ld upply fo r land conscrvnuon projec1 f,'Tants. Grantee lis 1ed above
(1hc "Grantee") submiued o de1ailcd projce1 npplica1ion (lhe "Project i\pplica1i on'') which
con1cmpl nlcs 1he acquisition of full fee lil le or parti I real proprrty ini<rcst(s) in 1h01
cenain real property (the "Propcrt)'°'). as such intcrcsl lo be acqui red ii . uch r~al property
is descrih.:d in the l'rojcct Application (lhc "Property Interest"). GOCO approved
Gran1ce·s ProJCCI i\pphcation on December 3. 2007. as d=ribcd in GOCO'~ project
summal') (the "Project Summary"'), auachcd hereto together \\ilh 1he i'rojcc1 Application
as Exhihi1 A, both of which are incorpor:ued herein by reference {the .. Project~). subjecl
10 the execution of a dcrniled grant agreement, and subJecl w 1hc tenm and .:ondi tions set
fo rth herein.
C. TI1c Grca1 Ou1doors Co:orado Use Rcs1riction (as hcrcaflcr defined) is in
furthernucc r., 1hc policy ndnplcd by GOCO, and the acquisilion of the Property is
consistent with the long-range strategic plan of GOCO, which is lo ensure that the
Property shall be hclJ and managed in a manner designed 10 pro1ec1 the Propeny's
natural resourct'j; nnd other open space values. to prc\'cnl development thai "ould
adversely afTecl s1.ch resources and values. and where necessary und appropnalc to
ensure uppropnal<' public access.
D. Grantee shall obtain the mulching cash and in-kind co nt ribu1ions for the
Projetl a5 dt-scrihcd in the Project Applicntion, Project Summary, and as required by
GOCOP' licy.
E. TI1c panics nncnd this agrccnwn1 10 he the d,•1nilcd i;rant asrocmcnt
required b) GOCO (lhc ''i\grccmem").
A(;ltEEM ENT
SECTI O N I -l'KOJECT SCOP E
NOW. THEREFORE, in cons1derntion of the premises eomuincd herein and olhcr
good and ,•aluablc cons1dcrn1ion. the rccc1p1 and ,;ufficiency of which are hereby
acknowledged, 1hc pnrt1cs herCIO agree as follows:
I. lncorpc,rntjon of Rcci 1als. TI1c Recital~ set forth above urc herch)' incorporated
into the 1cnns and conditi ons of thi s Agreement.
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1. Gran! and rn,1.:c1. <;uhJccl tu the l•'rlns and condnwns ,,1 fonh 111 th,s Agr ~cmcnt. GOCO hcrch)' U\\'ard, w Grantee a grant in tl,c :im,1u111 nol ll' excel-cl $200.000.00 (the .. Cirnnt"l. Inc Cir:int sh:111 he used h) (ir.mte• M,lcl) l(, cnmplc1e 1he ProJecl ns appro, l-d by GOCO. Gruntce ha, P"" 1tbl GOCO "1th a res11luuun ;idopted b) Grnntce·s go,eming bod) nuthori,mg Grantce·s acccptuncr of the Grant. suhjl•ct to the tcnm nnd conditions ofthi, Agreement. and dcsignJung an appropnutc ,,fficial to s1sn !his Agreement on Grantee's behalf. Gruntcc herch) agree> to n,e its best efforts tn
complete the ProJect
3. Project Scope. The Project will not be materially modifk-d by Grantee without
the written oppro\'nl of the F.xecuuve DirectorofCiOC:O ( .. Executive Dircclor'l Any
mall-rial change lo the Project. whether or not such change is apprtwed in writing by
GOCO may result ma reduction ofGOco·s funding a\\ord and requirement ofa refund
to GOCO frc,m Grantee, pursuant to Paragraphs 9 ond 12.D( I 0) of this Agreement. In
addition, any mate:i:11 change 10 the Projccl thal 1s not approved in writing by GOCO
may result in n comp lete withdrawn! ofGOCO's funding awo.rd and n tcm1inmion of1hc
Grant.
4. Approved Budeel and Timcline. Grnntec hns completed a duailcd budget lhnt
renects all an11cipa1cd sources and uses of funds for the Project incl1 drng a detailed
accounting ofGrantce·s direct and indirect costs nss0ci111cd with the Project nnd. a copy
of wh1c:h is attached hereto as~ and incorpc,r:iled herein by ;cfcrcncc r·Budget .. ) .
Eligihl c costs are described in Parn gruph 7 of this Agrccm~·111. Grantee has also
completed n timelinc that rcnects Grantee's anticip:ited dates for completing all aspects
of the Project, a copy of which is au ached hereto as Exhjbj1 C and incorporated herein by
reference ("Timelinc .. ). Grantee ~clmowledgcs and agrees thol OOCO must rn·iew and
approve any revisions 10 the Budget or Timclinc. The Project Application contains a
budget and a timeline that may nnl match th e ap1mwcd versions ouachcd as Exhibits B
and C and which. therefore, shall not be relied upon by Gf\CO or Grantee. Where
discrepancies exist, !he approved Budge! and Timclinc in l:xhib11s B and C. rc-spccti,ely,
shall control until such time as GOCO ma~ approve a revision to either or both
documents .
5. Waiwr. Prior to the disbursement of funds. the Executive Director in his
d1serc1ion moy wai ve ce11 n111 co nd itions se t fo11h in this Agreement. Anything else to lhe
contrary notwithstanding. no exercise by the StnlT. the Exccuth·e Director or GOCO of
nny right or di scretion reserved by them hereunder shall he dc.,ned an election, und no
wai\'cr by them of any action or requirement of Grantee, including any wuivcr of the
foregoing cond itions, shall constitute D waiver of any other requirements. actions or
conditions, nor shall any waiver grnntcJ he deemed a continuing waiver. No waiver by
the Sia IT. the faeculivc Director or GOCO shall be e1Tec1i,c unlc;s in writing c~cculed
by them. Additionally, any failure by the StafT, th e Executive DircctororGOCO 10 inke
any actions ns set fonh nhove shall have no legal effect on the con1ractual duties of the
Grantee under this Ab'feemcnt. Further, no waiver with respect lo this Prnjcct, Grant, or
Agreement shall cons1i1utc n waiver in nil)' other GOCO-fundcd projccL
(, frnur.· FunJm,;. 1111, •\gr<--cmclll ;md the (irunt tontcm1>!Jtcd hc•r,·under onl) Jppl) tu the purchase llf the l'ro1>1.11y and Othl-r lntc-rcst, ,pcc1fi c;ill) dc,c1i l><.-d m tlu, Agrt'l.'lllCnt . GOCO male.< no rcprt-scntauons rcganhng future tiln<lmg for future J>ha<c, ol'thc f'roJcct or un) other pr<•J1l'l11L'S. "hc1hcr or not described m the Pn>Jcct Apphcnt,011. Pwjcct Summary. or otherwise .
SECTION 2 -GRA .°'T PA \':\1£:lff
7. Elig1hle Costs. TI1c following costs arc eligible for rcimbu~mc'llt under the
tern,. nnd cond itions of thi s Agreement:
A. /111crc.,1 in Land. ·111e purchase price of any interest in real property
described in the Pmject Apphcmion and ProJCCI Summary. which muy not exccccl the fair
market ,•alue as established by appraisal.
B. Direct C<,.m . Costs associat(.-d wtth the Project, including expenses for a
title policy (including endorsements and other title company chargL'S); an appraisal;
contract or "outside'' attorneys· fees; an environmental haznrds osscssm• .11; development
ofo management plan ond baseline documentation: a survey. if needed: a geologist's
rcmotencs.• lcller. if ncalcd
8. raiment nf Gmnt. Subject to GOCO ' s dctcnnination in iL~ sole discretion that it
has received and has ava ilable sufficien t net lottery proceeds tn fund the Grant. and
subject to the 1cnns und conditions of this /\grccmcnt. including Grm1tcc·s fulfillment of
all condi ti ons precedent to funding as i:et fcrth in Scc1ion 3 hcrcm, GOCO shall disburse
funds for the Grant as follows :
S200.000.00 during the quarter from October•~ !',:nvemb<.-r of2008.
In dclcnnining the sufficiency ofncl lottery proc,00ds, GOCO may considt-r all
fucts ancl circumstances as it dL'Cms necessary or dcsiro' . including. but mll limited to,
nd~-quntc n,scrvcs. fundiug rcquircmcnls and/or commitments for other past. cun·cnt und
future grants, and past. current and future GOCO operating expenses and budgetary
nl'I.XI •
9 W11bdrawoJ Q[GQCO Funding: Tcnninahnn nf Agreement . Any1hing in 1his
/\grccmcnt to the contra ry no1wi1hstanding. OOCO reserves the right Ill withhold or
withdraw all or u port ion of the Grant nnd 'or terminate this /\grecmcnt ifGOCO
ilctcm1inel' in its sole discretion lhut :
/\ Altcr,·d El~ctatioi«. Facts have nnsen or situation~ hove oo. ,cd tha•
fundomcntolly alter the cxpectalions of the parties or make the purpost'S for th 'roject •'
the Grunt us approved by GOCO infeasible or impractical;
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B. Mn1,•1wl l'roj,•ct ('/11111~,·s. ~ l111cnal chJngc, 111 1hc scope ()r nuturc ()f 1hc Pn~ccl hav,• ,,ccurrL-<l fmm 1hc l'rt>JCCI a5 11 11 a, prcscn1cd 111 lhl' Pruj ccl Applicn111111. appm,·L-d b) GOCO md rcflcclc-d 111 1hc (•n~c,1 ',ummal'). am! 311 su,·h ma1,·r1al change, ha, c nol ,,1hcrw1se rcc,·1,cd pm1r \\'nllcn appl'lffal of1hc faecuu,·c D1rcc1or. C /11t1cc11racics. An) stmcmcnt or rcrrl:!'l'lltn1ion made N infon1111tion pm\'lded hy the Grantee in 1hc l'mJCCI A:,phca11on. this Agrccmcm or 1he due diligence material s 1, untrue, inuccurme or mcomplc,c in any matcnal respect: or
D umd11io11s Preccdc/11 Not F11/fi/lcd or L ·,,satisfactory. Any of the
conditions p=edcnt to funding listed i:: S.:ction J below is 1101 fulfilled by Grantee or is
unsntisfactor) to GOCO, in i1s sole discretion.
SECTI ON 3-CO N DITIONS PR ECEDENT
10. Completion D::te G·Jntrc shall complete acquisition of the real property interest
no later than December 3, 2009. which is twenty-four months after the date of GOCO's
approval of the Project (the ··Completion Onie"), If applicable . Grantee may request an
extension of the Comp letion Date in compliance with GOC l 1's Overdue Grant Policy. a
copy of which is attachoo as~ and mcorporntcd hr 1.•n by reference, as may be
amended fmm time to time hy GOCO in its sole discretion 1··,)\•erdue Grar.t Policy"), In
oddition to other rights set forth in this Agreement, GOC'O .~uy •~lcct to tcnninatc tl1is
/,grecmcnt and dcauthorizc the Proj~ct in the event this Complet ion Dute is not met
nnd or Grantee fails to comply\\ ith the Overdue Gr.int Policy.
11. Grantee's hrnhjljty to Complete Project. lfGmntcc dctcnmncs wit h reasonable
probabi lity that the Project will not or cannot be complct,-d as approved by GOCO.
Grantee wlll promptly so advi~c GOCO in writmg. Upc,n written request by Grantee, as a
possible alternative to tcnninati~n of the Grant, GOCO may consider funding one or
more nltcmativc projects. Any s11ch altemntivc projects must mee t GOCO eligihil ity
requirements then in effect and must be appro,•ed by GOCO in writing. and shall be
subject to the tcnns and conditions of this Agreement. including. hut not limited to, the
due diligence requirements described in this Section 3 -Conditions Prcccdmt. Grnntcc·s
written request fo r cons ideration of alternative pmj(.'CIS shall set forth i,1 reasonable detail:
A legal Drscriptio11. A legal dcscnption for the proposed propert y,
rncluding the number of acres ll1 be acqu ir~d (which shall he substa111iully cq unl to th e
number of uercs attrihutuhlc to the Property);
B. AppraiJa/. A quuhficd real ~-stole apprnisol or other mfonnation mitially
acceptable to GOC'O substantiating tlrnt th e proposed property is cquol to or greater in
, alue than the fair marl.ct ,·aluc of:· • Property:
(' /'1,/1/i, /'111111,,·c . lnh1n11a1111n suh,1:11111:11111µ 1ha11h,· pn•Jcct r111p11,cd u, an • Jhcmathc 11, 1lw Pn,1c~111 ill ,1.:nc :, puMic purpose (1dclll1l)lllg wh:11 purpo,c 11ould he ,en c'tl) and n,•l t>cnclil J pn,alc de, clopmcnl 12. Concjiuons Pm:cdcm 10 l'unilit!£. Gnml,'C acknr,wledgl-s 1ha1 :my acqu1,i11un l•f 1hc PropCrt)' prior 10 fulfillment t1f1hc tcnn~ :md cond111ons of1his Agr,,:mmt and the disbursement of funds t>i GOCO •~ undcnal.cn al Gramcc · s sole risl. and ma) cause a forfcuurc of the Gr.111 1 An)1hmg else in Llus Agreemcnl nr uthcrw1se 10 the Ctlmrary nC11\\'i1hs1Unding, the Gra~I is conditional and is express!) condi1ioncd upon Grumcc's
fullillmcm of all 1erms and ::onditions of this Agreement w Goco·, <;a1isfac1ion in i1s
,olc d1scn:tion. including. but""'' hmited to, the following:
A. Matching Funds. Matching funds in the minimum amoum set fonh in the
Projcc1 Application and Projccc Summary mus1 have been received l>y Grantl'C. or the
status of cffi,ns :o secure ma1chmg funding\\ ere disclosed 10 GOCO Slaff and have been
deemed satisfac1ory by GOCO.
8. Due Diligence. GOCO staff (the "SlalT') shall ronducl a due diligence
review oflhc Project. 1he results of which mus1 be satisfactory to GOCO in its sole
discreti on. Grnnlcc shull assist and coopcra1e with the Stuff in conducting such due
diligence rcl'icw, :md in connection therewith ~hall prol'idc the Staff with inc following
documentation and infonna1ion, as well as such other documcntauon and/or infonnalion
as the Slaff shal! reasonably request. Gramee shnll have lhe duty 10 update all such
documen1a1ion and infonnalion us necessary to reflccl material changes from lhc date •
such informalion is originally pro,idcd to GOCO. GOCO ma)' inns sole discretion
tcnninatc this Agrccmc'Ttl and deau1horizc the Granl if Grantee fails lo pro,~dc any
111fonna1ion or documcnlnlion prompll y when requested b) Slaff or us oul lincd in the Due
Dilii;.,,ce Checklist for J Great Ou1duors Colorado Lor~i Govcmmcnl Lund Acquisi1ion
Projccl. a11achL-d as~ and inL-orporntcd herein hy reference. us may be amL'Ttdcd
Imm time-to-time by GOCO in ils sole discretion ("Due Diligence. Checklist") Inc
Gmmec hereby acknowlcdg<', tha t il has received a copy of 1hc Due Diligence Checkl ist.
or olhcrwi~c has acccs~ 10 1hc document in connection with this Agreement and is
familiar with its rcquirsmcnts.
(I) Wl ,crc nccc:;sury. writlcn evidence 1h01 ull pcnnils and upprol'als
required for l'mjcct crmplction under applicable local, stale and federal laws nnd
regulations hnl'c hccn ,htained.
(2) Any ancl all malcrial revisions 10 the Budgcl, us required in
Paragraph 4 nhm c.
(3) All documents li sted in and req ui red b)• the Due Diligence
Checklist. Tins Agrccmc111 is subject 10 the additional 1em1~. conditions and p1-ovisions
in the Due Diligence Checklist, as may be amended from tune to 11:nc by GOCO in its
sole discretion. •
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C f.111 ·11 ·11 11111t111ul llc1:111,l1 .l11c.11111.-111 .\n cn\lmnmem.il h.11.1rJ, .1•,_c,-mcn1 ,hall oc conJu.i,-J .is pJn of GOCO's required due J1ligcnu, pr.>ccs, 10 rnnlirm \\ll<"lhcr or 1101 mming ac11,focs hmc leh 1hc pwpcn~ ma hazardous condi11on lf1hc en, ironmcmal hJJ.ards asscssmenl indica1cs 1ha1 1he dis1urhed acreage contains a p<>sstMc cn\'iromnen1nl ha1.ards condi1ion. 1his grant is conditioned upon subs111utmg :be acreage 1ha1 has 1,,.-cn d1,1urbcJ h~ pa,1 mir>;ng ac1i, iii~ \\llh aJjaccm J~rcagc of rropo;cJ cqm, alcm size and \'alue
SECTIO;\' -'-OTHER P~ O \'ISIONS
13. Puhlicil\' nnJ Pwjccl lnformmion. GOCO h~s 1he righl and mus1 be pro,.ided 1hc
1,pJ'('nuni1~ 10 u,c informa1ion guincd from 1he Projec1: 1hercfore. Grnn1ee shall
,lc~nm,leJgc GOCO funding in all news releases and 01her publici1y issued by Gra111cc
concerning the Project. If any C\'ClllS are planned in rcla1ionship 10 1hc Project. GOCO
shall be acknowledged as a con1ribu1or in the invi1a1ion for 1hc cvcn1. GOCO shull he
notilicd of Oil)' such evcms thiny (30) days prior to 1heir scheduled occurrences. Grnntce
sholl coopera te wi1h GOCO in preparing public infomia1ion pieces and providi ng slides
nnd photos or the Project from 1ime 10 lime.
14. Signugc. Grantee shall erect n sign a1 o visible loca1io11 on the Project site
acknowledging 1hc nssisiancc of Great Outdoors Colorado and the Colorado Lollery .
Such signs can be ob1ained through Greni Outdoors Colorado, or 1he Bonrd will provide
reproducible samples ofi1s logo 101he Gramc~ for cus1om signs. lfa cus1om sign is
desired, plans describing the number. design, placemen!. and wording of signs and
placards shall be suhmitted 10 the Board for review and approval prior 10 complc1ion or
1he Projecl, Final paymen1 may he withheld by 1hc Board pending placcmcnl of signngc
in 1hc mnnner approved b) 1hc Board
15. liabiluv.
A. /111/c1111111y. Io 1hc extenl allowro by law. Gran1ec shall be rcsp<msiblc for,
indemnif). Jcfcnd and hold hannlcss GOCO. ilS oniccrs, agen1s and employee,, from an)•
and all liahili1ies, r'nims, demand~. damages or coslS (includ:ng reasonable a11omcys·
foes) resuhing from. gro,,ing ou1 of, or in any \\"'JY connec1cd with or incident 10
Gran1cc's performance of1his Agreement. Gran1ee hereby wah·es any nnd all righ1s to
any 1ypc of c~rrcss or implil-d indemni1y or rigb1 of contribution from the Siatc of
Colorado. GOCO. i1s member.;. officers. agcnlS or employees. for any linbilily resuhing
from, growing ou' nf. or in any way conneclc-d \\ilh or incident 10 this Agreement
B. Nn CG/A Ii t111·cr. Anything else in lhis Agreemcnl 10 1he contrary
no1wi1hstanding, no 1cnn or condition or this Agreemenl shall be construed or intcrprcled
ns n wniwr. ci1hcr express or implied, of any of the immuni1ics, rights. hcncfi1s or
pro1ec1io n provided to OOC:O Limier the Colorado Gavenimcnla l Immuni ty Act as
nmcndcd or us may be mncndcd in the fu ture (incluC:;ng. wi1hom limi1a1 ion, Oil)'
.imcndmems 10 such s1mu1c, or under any similar s1a1u1e which is subsequcn1ly cnac1cd)
r-CGI \"'J, Tiiis pr<11 ision mt1) appl) ICI the Gr:mtcc 1f1h,· Gramc,· qualifies for pro1cc1ion under the Colorado G1ncmmcn1al lmmu11111 Act. C.R.S. f!4-1 0-I 01 ct seq. GOCO and Grantee undcrs1:111d nnd abrrcc Ihm liability for claims for injuries to pl-rsons or pmpcny arising out of the negligence of'GOCO. its members, onicials. agents nnd employees may be controlled and,or limttt-d by the provisi1111s of the C'GIA . TI,c p.:inics agree thnt no provi sio n of thi s Agreement shall he construed in such a manner ns to reduce the extent lo which the C'GIA lim its the liabili1y of' GOCO. ils members. officers, agents and employees.
C. Co111plia11cc ll'ith Reg ulatory Rcq11ire111e111s 011d Fcdcl'OI a11d Stair
Mandates. Grantee hereby nssumci; responsibility for compliance with all rCb'Ulatory
requirements in all applicable areas, including but not hm1tcd 10 nondiscriminauon.
worker safe ty, local labor preferences. preferred vendor programs, equal employment
,1pponunity, use of competitive bidding, and other similar r.:quircmcnts. To the
maximum extent pcrrniued by law, Grantee hereby agrees 10 indemnify, def en,· and hold
lrnrrnless GOCO, Executive Director and Staff from any cos t. expense or liability for any
failure to comply with any such applicable requirements.
D. Nondiscrimi11atio11. During the performance of this Agreement, Grantee
and its contractors sha ll not unlawfully discriminate against any employee or applicant
for employment because of race, religion. color, national origin, ancestry, physical
handicap, medical condition, marital status. nge or sex . and shall comply with any other
applicable laws prohibiting discrimin111ion. Grantee and its contraewrs shall ensure that
the cvalui ·on and treatment of their employees nnd applicants for cmp1oymen1 are free
of such discrimination.
16. A11dits and Accounting Records. Grantee shall maintain standard financial
nL-counls, documents. and records relating to the acquisition, use. managcme111, operation
und ma intenance of the real property interest. The. ;ounts, d<>cumenls, and records
related to acquisition of the real propcny interest shall be retained by Grantee for five (5)
years following the date of disbursement by GOCO of the Grant funds under this
Agreement, and shall be subject to examination und audit by GOCO or its desib'llated
ngcnt during this period. All accounts. documents, and records described in this
paragraph shall be kept in accordance with generally accepted accouming principles.
17. Pw1ec1 O1lCruti<>ns ond Maintcn11nce. GrunJce aµrcc~:
A. Grnntee or its successor will operate and maintain the Project in a
rensonublc stale of repair for lhc purpc,scs specified in the Project Application form lcusl
25 years, in accorduncc wtth generally accepted standards in the parks/rccrcationlwiltllifc
community. TI1c panics undcr.aantl and agree that the Board shall not be liable for any
cost of such maintcm111cc, management cir operation.
8 . Grantt-e will, upon request, pro,•ide the Board with the operating and
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maintenance costs of the Project, and give the Board appropriate information concerning
the use of 1hc Projt-ct by the public und the impact of the Project. •
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18. fu£r£h. In addition to such ot hor rcmt'<l1c, as shall he a,·a1lahlc at la\\' or in equity, m the c, ·• that Grantee breaches an} of the term~ or co110111ons <>f this Agreement. GOC , .,tall have the follo\\'ing non•c~clusi,·c remedies: A. Priur ro P11,1·111c111 o/Gra111. GOCO reserves the rigl11 to withdrnw funding and ·or tcnninate this \greemenl.
B. After Paymelll of Grall/. GOCO reserves the right to seek cquitohle relief
and/or nll other remedies as available to it under applicable law, including but not limited
10, return of nil or o ponion of the Grant as provided herein. Funhcr. GOCO reserves the
right 10 deem Grantee ineligible for panicip.1tion in future GOCO grants. loons or
projects.
19. Miscellaneous Prnvision~.
A. Good Faith. Both parties have an obligation of good faith. including the
oblig111ion to make timely communicotion of information that may reasonably be believed
10 be of interest to the other pany.
8 . Assig11mcnt. Grantee may not assign its rights or delegate its obligations
under this Agreement without the express written consent of the Execut:,,c Director .
Consent to assign this Agreement may be wit hheld in the sole discretio11 of the Executive
Director.
C. Applicable law. Colorado law applies to the interpretation and
cnforccmcnl of 1his Agreement.
D. Status of Grantee. lbe panics acknowledge that GOCO la"ks the power
and right to direct the actions of Grantee. Grantee acts in its separate capacity and not ns
an officer. employee or agent of GOCO or the State of Color:1do.
E. Time is oft/re Essence. Time is of the essence in this Agreement.
F. S11n•ival. The terms and provisions ufthis Agreement and Gnmtce's
obligations hereunder shall survive the funding of the Grunt and the acquisition of. and
any fu1urc conveyance of, the real prupcrty intcr~-st by Grantee.
G.
countcrpm1
shall cons•
Fax and Co1111terpans. This Agreement may he executed in one or more
·•'1ich shall be on original, but ull of which when tuken 10,;ethcr
nent. In nddition, the parties ai,'l'ec to recogniz• signatures 10
.:d by facsimile as if they were original signatures. this Agrce,.,e .. i 1
H. Third Party Be11eficia,J,. GOCO and Grantee hereby acknowledge and
a1,>Tcc that this Agreement is intended only to cover the rel ative rights and obligations
between GOCO and Grantee, anti that no third party beneficiaries arc intended .
",011< 1· An~ n111i c. demand. request. et>n~nl. apprm JI or ·ommun".it,1111 that cnhcr ran) d :m.-,. or 1s required 10 gi1e the other. hall he in \\Tiung and cnhcr m,-d pcr<onully <•r . cnt h) first clas. mail. ro~tngc prepaid. to the addrcs sho11 non Page I nf th1. Agrct.mcnt. J. C,111s1n,c11,m, Sc,-cra/>1/in ·. E:ich pany hereto h:u re, ic\\cd and rc\'1!-Cd (ur requested TC\'I ions ol) this grt.-emcnt. 311d therefore. 311Y usunl rul~ of construct111n
rcqumni; that umb1gui11e:. are to be rcsol\'cd against a panicular pnrl) shall not be
a;,phc:iblc in the construcuon nnd interpretation of this Agreement. lf311y prol'ision in
1hi Agrt.'Cmenl is found l'l be ambil,'llOU • an in1erpre1a 1ion consi tent w11h the purpo c of
thi Agreemt.-nl 1h01 would render the prol'is1on "a lid hall be favored over any
in1erprc1n1ion 1h01 would render ii nt\'ulid . If nny pro,•ision of thi s Al:,'Tec'l11cn1 is de lnred
void or unenforceabl e. such prol'ision shall be deemed severed from thi s Agrct.mcnl. and
the balance of th is Agr<!Cntcn t shall otht.·rwise remain in full force and effect , At nny time
when thi s Agreement refers to a pany's ability lo net or make dc 1em1ination s or decision s
with discretion, this Agreement shall be construrd 10 permit such pa n y 10 uct and 111 make
su h dc1ennino1ion s and /or decision in its so le discr ct in1 ,.
K. entire 1lgrcc 111r111 . ,:xcep t as exprcs I) pro, 1dt:d here in, th is Ai;,recincnl
constitutes the entire agreement of the panics . No oral underslan di ng or agreem ent 11111
in orporntcd in this Agreement shall be bind ing upon the panics. 11 ch an~·,. in thi
Agreement shall he vahd unless made in wri ting and sil?llcd by the pan,1
Agr,·<:mcnt ,
L. Tcrmi11n1io11 of the Board. If Article XXVII ofth; Colurndn Constitutiun,
which cstnhlishcd the State Board of the Great Outdoor Colorado Trust Fund, is ,n~nded
or repealed to tcnn ina tc GOCO or merge GOC O into another entity. the rij!ltl and
obligations of G C'O hereunder hall Ix nssigned :v ~nd as urned t,, such. :11cr cn11•y as
pm,,1ded by law. but in .he absence of such direction, by the C'olurudo DcpanmC11t of
otural R1.-sourccs or •ts sutcessor.
I WIT E • WHEREOF. the par'ies by signature bclO\ of l11cir oulln•n11.-d
r.'J)rcscnlat1v1,.s; C\Cetllc this Agreement cftcctivc as of the _ day of
------· 2008 .
STATE BOARD OF TIIE GREAT
Ol rfDOOR COL RADO TRUST FUND
By ______ _
John wurtoul
Execu tive Director
GRANTEE :
By:-----------
James K, Woodward
Ti tle : :-layer
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GR EAT OUTDO ORS
COLORADO
LO CA L PARKS AND OUTDOOR RECREATION GRANT
APPLICATION FOR LAND ACQUISITIONS
City of Englewood
Dunc a n Park Acquisition
GOCO 's M1ss10.v: To hrlp the people of r olorado
prcs,·n•c, prot~ct. e11ha11ce, appr~ciare a11d .m'oy our
parks, 11'/ldlifc, trail.s, ri1•ers and ope11 space through
srrawgic grams, part11crships and /eadersl,ip .
APPLICAT ION CHECKLI ST Please ch,,ck the neim bclo-. 10 ensure that all requm:d namitives and ~nachments hlve been indud,-d m your applicltinn subminal pnor 10 m:1ilins-Checklist should be si£lled by the project con1nc1 and submiucd 10 GOCO. IMPORT A.'1/T: Plu,c r ign the follo\\ing ccrti!icativn and SU B~IIT this chcckl1,1 to GOru. Please be sure tn check uch box below, indicating that the required information ha• '> ·:~
included In the ap pli cation package.
"All of information requested bc/011 is included "1th the project applicntio,,. "
Contact's Title: __ ~M=a~n~a.,ge.,,r~o~f~R~e~cr~c~at=io="~------
Application Date:. __ ..,A~u..,gu~s~• 2,,_7~,~2~00~7 _______ _
✓ Signed Application Checklist
.., Signed Summary Form
✓ Required Attachments 10 Eligibility Criteria:
✓ Budget
✓ Time.line Fonn
✓ Letter including I) suppon for project, 2) management capnbility, and 3)
ability to complete the project.
✓ Response to Selection Criteria Questions (narrative descriptions o,: vour own paper)
✓ Required Annchmcnts to Selection Criteri.a:
✓ Site Map
✓ Local Mop
✓ Regional Mop
loru
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LOCAL G0\'ER:'O I E:'\T s u ~nl ARY F0R:'11 PARTI CIPANT INFORMATION Applicant City of Englewood 2. Applicnnt Addrm: Englewood Recreatio n Center 1155 West Oxford Avenue
Englewood. CO 80 11 0
J. Applicant Contact Name :
Primary Contact? ✓ YES C NO
Title. Mnnagcr of Rccrcauon
Telephone#: 303-762-2682
F11.~ #: 303-762-2688
E-mail: chuhb-,rs ii englcw ,,odeov on;
4 roun1y:
Ar.1pahoc
PROJECT INFORMA f/ON
9. Project Title:
Primal')' Partner (if nn) ): 6. ranncr Address:
7, Panncr Contact Ncmc :
Primary Contact? -vES ,., NO
Title:
Te!cphonc #:
fax #:
E-mail
8. Ci ty:
(If applicable)
Duncan Park Acquisition, C~ny._o_f_En__.g._lel'_·_ood ________________ _
I 0. Provide the following finon ml summary for your project. All sourc.:s must be eligib le costS; a
sa mple budi:ct for examp les of sources nnd uses of funding is attached. Identify each source of
funding for this project all eligible COSIS and ma1chin1? funds as needed
Sources of Funcls;
Grant Requ est:
·",plicanl (cash):
Appl ica nt (in-kind):
Panncr (c.ash):
Panncr (in-kind):
Total <ourccs:
s 200 r,oo
s mnG
$ ____ _
s ____ _
S ~33 336
11. Description c•f Project
Duncan Pork Acguisllin n
Uses/Costs:
Pu rchase Price: S__lli.1,1=6 __ _
Olhcr (specif;): s _____ _
s ____ _
Total Project Cost:
The City of Englewood seeks to acquire ownership 01 approximately 3.3 acres of lnnd presently
o"ncd by Englewood Schools. TI1c innd. fonnerly an elementary school site, has hcen leasea 10 the
C11y of Englewood and ap<:ratcd as a neighborhood park since 197S. Exclu~ed from the Ciry lea<c is
the 6,126 square foot school build ing that Engl cwo(") Schools leases to a local chun:h ns a childcare
center. Englewood Scho<1ls has publicly announced its intent ion of selling the ent ire site. Tho
h r1 l
propeny is zoned R-1 B (medium lot site, singlo dwelling unil rcsidcnlinl dismcl). Pcnniued uses under lhis zoning include single fomil) residential, sm:111 grour lh•ing fa:ility. park. religious assembly and school. Ahhough a significant ponion oflhe propcny is used as a park, lhe park is nol dedicated and a dc"elopcr could n:mO\ c lhc improvcmcnls and coru;trucl single family homes. The City of Englewood has iden1ified lhc acquisilion nnd cominucd use of lhe sile as a public park a high priorily. Duncan Pork is lhc only park serving lhc southeast area oflhe City. The City of Englewood signed a contrac1 for Deed of Sale with Englewood Schools on August 6, 2007. The contract calls for a three-phased parcel purchase of Duncan Park over a four year period This GOCO
grani request is for the purchase of Phase ti (8 lots, 1.47 acres). Wnh GOCO grant funding and the
City's malching funds, Phase II purchase will be completed in November, 2008 ,
Printed Name and Title: Jerrell Black Director of Parks end Recren1ion Da1e:_8!!£i..:24:?!./01!-7'---
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ChuractcriMics. Prnpcn~ llc~c riptio n and Qualit) C harar!rrlnir,: The Ci!) ofEni.;lc\\ood 1> lo.:atcd in the south mctrop,1!11.m Dcn,er Jl'CJ in nc;"thcm /\rJpah,,e Count_, \\'ith a rorula11on ,11' 32.000. Engkwood ha, been dc..:nb<,J JS· 1 m,1rop.>li1an c1!) "11h small 11m n chnm1··, The Cll) ·s re,uknttJI area, include a mi~ of housing ,1ylc, a," ell as c,;1abl1>hcd s,hools. parks. re.:rcouonal faciluies and trail systems The Broadway.US. 2b5, Jml Federal Boubard .orridor; sene the City"s commercial needs. and the S:nta Fe Dmc South Platte Rher corridor provi de s a strong industrial employment base. The hcan of the City indudcs
a trad111onal do\\ ntown shopping district. locatrd r.011h of the Broadway and U.S. 285 interchange.
nan~cd on the west by CityCentcr Englc,.·ood. a11 ~" 01d winning transit oriented project
incorporatint multi-fami:y housing. offices and cmploy111cn1. n mix of retailers and civic and
cultural facilities. To the cast, Englcw0<1d ,; home 10 S11edish and Craig Medical Centers. The
median home price in Englc11ood is S200,000; m1.-d13n household income is S44.191 .
Dunc3n Park is currently owned by Arnpahoc Co,•~ty School Distnct # ! (Engle"'ood Schools)
Formerly an elementary school site, the 3.31 acre parcel has been leased ty the City and
mamtnined and operated as a ne ighborhood park for thiny years . The park has typical amenities
including 3 playground. picnic :u-cas. a basketball cou11 and info11nnl bJ ll fields. The ~lie also
includes• small school building, presently leased 10 n pnvnte school for childcare.
Englewood Schools has agreed 10 phase th.: purchase. allowing the City 10 pursue grant fondin g
and accumulate Conscn·nuon Trust Funds nnd Arapahoe County Open Space ~hare back funds to
complete the acquisi tion. The propcny has been divided into thri:e parcels (Addendum E). P3rcel
# I is comprised of four lots and is currently used as informal ballfields and play area. Parcel #2 is
compnscd of eight lots and includes picnic areas, a basketball coun and playground . Parcel #2 is
the subject of this grant application. Parcel #3 includes the school building. The purchase of
Parcel ~3. 10 be completed in 2010, will complete the three phase purchase and allow for
demolition of the building and redevelopment of the par!,: per the City's 2006 Pnrl.:s and R<.'Crcation
!\taster Plan, Duncan Parle is the only ~eighborhood pnrl.: in the sou theast area 11fEnglcwood and
isa cntical component of the City's r ark system.
Geographic Areas nod i'ia tural Values:
Duncan rark is located in the S(lUthcast r<.-sid<-ntiaJ area of the City of Eni:lcwood, known us the
llarper Suhdi,ision The ncighhorhood is primarily older single family detached residential. With
a relatively Oat topography. the total park acreage is 3 31 acres. Parcel #2 (subject propeny) is the
south ern most parcel comprised of eight lots. Each lot is 7 .980 square feet for a total of 1.4 7 acres
rhe propcny is not located in or nearby a one hundred year flood hu,.urd urea us identified by the
F,·,kral Emergency Managcmcm Agency
Scc1imvTow11,h1p Runge 2077-10-l-14•001 55-6SW
£11\ironmcntal Hazards:
The Duncan Park site was pu rchased by Englewood Schools as vacant farmland in 195 I. Oic
property use has been elementary school and park land since that date. Englewood Schoo ls has
conducted o phase I en, i1onmen1al and the subject parcel has been found free of environmental
con1aminaiion
\ccrs): The park and sub;ect p:11.:el 0 2 .re ,urmunJcd hi rc»dennal ,tr«t> that pro, hie 11n-strcet parking • to ,he nonh. ca,t and wc,1 The rark and rar~d #} arc bordered on the ~outh by single fami ly residenual. Encumbrances: The s uh;c-ct p.1n:el 1s free <'f en.:umbranccs and 'or boun1ai, dt'!'utcs ~llncrol Right s:
No mineral rights ha,·e bc-.:n ..:1-.:rcd or sand and ,,ral'el rights con\"Cyed on suh;,-ct pmpcn).
Water Right s:
1\o wdl or water rights on th~ propcny. E.~isung \\3ter t:ip.~ used to irrigate the park arc mcludcJ
111 the purchase price.
Transaction Details :
Duncan Park parcel ~2 \subject propeny) 11 1.47 acres. The C11y 01 Engle"·ood end Englewood
Schools have just recently, Aui;us1 6. 2007, executed a Contract for Deed for the phase purchase of
Duncan Parle. The contract nllo" s for a three parcel, three phase purchusc or the 3.31 acre p.1rk.
The total agreed purchase price is SI J million, phascu as follows: Parcel# I (.74 acres),
S226.667; Parcel #2, subject prJpcny, (1.47 acres), S533.336; and Parcel #3 (I.I nc1es), $400.000.
The City in1e11<!~ 10 purchase Parcel #I wnh Arapahoe Coun:y Open Space shott back fonds and
an Arapahoe County Oren Space grant received this year. An:icipated closing on the Parcel #l i~
October I, 2007 . Th e City plans 10 purchase Parcel #2 (subject propcny) with Conservation Trust •
Funds. Arapahoe County Open Space shatt bxk funds and a GOCO grant with an anticipated
closing of November 2008. The purchase of Parcel #J is required 10 take place by year end 2010
with the City planning to use Conservation Trust Funds, Arapahoe County Open Space funds and
other c11y fund~ as they become a1ailablc. If succ,-ssful. the Cny plans on using GOCO funds
within one year or grant award, November 2008. The appra ised valu• of the subject property
(Parcel #2) is S533.336. 1 he appraisal was prepared for Englewood Schools by Jwnes Reul Estate
Services. Inc on Janu~./ 16, 2007. The appraisal wos baso:d on the propcny's current 1.oning or
R-1 B (s ingle family dctuthed); highest and best use being single family residential with 7,980
square feet lots valued at S66,66 7 each.
II. Cur re nt and Prop osed Uses
Ounc,n Pa, I( and the subject propcny ha,c been in use as a parl for thiny years under a lease
agreement wit h Englewood Schools. Engkwood Schools has been experienc in g declining
enrollm·:nt for .cveral yc.irs creating a critical budi:c1 deficit. Funhcr projected declining
enr~lhncnt (-18~, building cJpacity in 2007/2008) resulting m declining stale revenues 1,-d 10 the
S.:hnul Board fonni ng n Financia l Advisory Committee in May 2006. The two most significa nt
rcconunendauons or the comminec was to l) sell the former Duncan School site and } ) combine
the I"<> existing middle ~hoots into one, allowing for the sale orlhe other. The liquidauon of the
t"<' rropcnies wo uld ~ignificnntly reduce the district's opcratiun and maintenance budget and
prol'1dc necdc~ revenue for capital maintenance within the district. Consequently, the City was
faced II ith the potcnuol or losing nnc of its most popular neighborhood parks.
The Cny has worko:d diligently wnh park neighbors, youth spon associations and Englewood
Scho.>l, to protc-c t the park from pnvatc dc,clopment EnglcM•od Schools hilS agreed to phase the •
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SJ!c uf the :otJI park l*'reni ~' J111ding it intC\ three pm·els Th,· i111e111 is 10 nlk"' th e CII) 11mc to acquire the nc.:c,..:il) tundm; The b,1 prorcn> ll> be pur.:ha.--d r} the Cit}. r ' 1 . inc lude, Ille small ,d1ool bui lding" hi ch ~1c sch,,ol d1siric1 will conunuc 10 lease 1, • µnvn1c school for cluldcarc The lease" 111 c,ptrc" uh 1hc CII) ·, phn,e Ill purchn<r in 2010 The C11y's Park Mns•cr Pinn. Jdop1cd in 2006. call, for the rcmmal of the hu1ldmg nll'""ng for redesign :ind dc1 cl11pmcm of 1hc comrlctc park s11c. Future i,arl dc1<1,,pm c111 wi ll ~c t1u1d cJ by 1hc Park, and Rccrcnuon MJslcr Plan and un aggrcssl\C public procc» mduding nc1i;hhors. u,,l-r groups ,nd public officials
The pmpeny' s curren1 and proposed uses arc consistent wilh n 1ypkal ndghborhood park in n
mctropol i1nn cnvimnmcnl Ther~ will be l11tle impact on wildlife and wildlife habn~i.
Arcmibility:
The Parks and Recrcn uo,1 Mas1cr Plan identifies a need for an rn1emnl 1rn1I pa-ed walk sys1em lo
be incorponucd into fururc Duncan Park rcdo:velopmc.-nl plans. The City h3s also developed a
Master Bicycle Pl~n 1hat serves as an addendum 10 the 2007 Engle1<ood Comprehensive Plan.
The Plan emphasizes the need for a sys_1em of o~ street "cont inuous co rmcctions" between
neighborhood parks. recreation centers and the core commuter trail system Duncan Pat k is
connec ted in 1hc pl nn by proposed bi ke Innes via Chenango Avenue.
The acqu1s11ion of Dunca n Park protects an existing neighborhood park integral 10 the Cll) of
Englewood's park system. As previously discussed. Duncan Park's location is critical 10
mn1111aining park land in the southeast al'C3 of the City. Rl-placemcm of the park is not feasible
The Ci1y or Englewood is a land-locked com munity wi1h very hnlc urban land available for park
development Englewood has a 1otal of seven neighborhood pa1i<s. three community parks, three
pocket parks, 1wo natural areas, 1wo span complexes and four nxrcation fnc1li1i.:.
/'.fost ne1ghbars access the park by foot. bike or shon dri,e. User groups such as Englewood
Soccer Associntion assign soccer team prn~Lices by school areas; conscqucn1ly, mos1 soccer team
panicipants reside within a shon drive distance. The par\. can al,o be accessed hy bus on
Broadway (5 blocks west) or Belleview (3 blocks south).
Adjacen t and Nc arb)' Lond 011 ncrship and Uses:
The subject propcny is zoned R-1 0 (single fa mily deUtchcd). llccuusc 1hc current wnmg ull,1ws
for public park land usage, \\C do not anticirate a LOning change
The surrounding propcny 1s a residential subdivision bordered by the Broadway rc1oil corridor lo
1he west and Belleview A I enuc S101e Highway 88 to the sou1h
Project . ccd and Urgc nc)
Duncan Park is 1hc only neighborhood park m 1hc sou1hca~1 am of the City and is an integral pan
of the City's parl system Englewood has 191 acres of pa~s and open space on twenty-five sites
Seven sites arc neighborhood parks (31 22 acres). Wi1h the loss ofDuncan P~rk, Englewood's
sef\ ice level of neighborhood porks wou ld drop below one acre per 1,000 population. The
Na1ional Recreation and Park Associo1io n's re<:ommendotion is 1wo 10 three acres per 1,000
population The plrk ,s heavily used by neighbors and youth spon =ociations for organized
practices \\~1cn 11 became apparenl 1ha1 Englewood Schools intended 10 sell 1hc propcny due 10
linar.c,al need. there "as a ground "' ell of gra,sroots suppon for ,a, 1 ng the r•n. lcJ b) a .;roup • ~ailed ··Dun.: Jn Park '<cighhor..'· En;!~ ood Soc~cr Association "as also very conccmcd abou1 the l{ll;S of soccer practice field;" hich accommooatc as many as four of the obSOClatlon's l\\<"111')· live ,earns in the spring and foll of exh )= Ahcmatl\c prm,cc areas an: nm available, pan1cu!Jrl} tn the southeast area of Englewood As a rcsul~ EnglC\\ood Cit) Coun.:11 and the Pan.sand Rccrcanon Commission responded h} identifying the pan. a.:quisition as a ,cry high priority The loss of Duncan Park to private dc,cl<>pment would be dc,·astatmg to EnglC\\•ood residents m the southe:isi area of the City and
impact the currently limited areas for youth sports pla)ing fields The GOCO grant for phase II
pun:h>se is cntical to the Cny of Engle\\ ood and Englewood Schools plan to innsfer o.,.·ne,~up of
the propeny in total by 2010.
Englewood City Council Ordin:ince No. -12 (Addendum It and the Cont:n1ct for Dttd executed on
August 6, 2007, (Addendum J) both speak of the need to phasc the sal e in order to facilitate the
City 's pursuit of grant funding in adduion to allowing the City time to bank Conservation Trust
Funds and Arapahoe Open Space share back funds as the pnmary funding sources for fl'JTChasc.
This gr.mt applica11on for phase II purchase includes a S200,000 grant request and $333.336 in
ma1ching funds for a total ofS533J36. Without grant funding in 2008, the City"s ability to use
Conservation Trust Funds and Open Space sha re back funds will be severely restricted. l1us will
result in deferring long planned and needed expcndillll'tS for park infras1ructure. Englewood
would also be restricted in panicipoting in local and n:gional trail connections and open !q>Ke
acquisitions with our p=crs in 0..'tl\'cr a.,d Anp:ihoc Counties
IV. Publi c Process a nd Pl an
The City of Ens}cwood P.uu and Recreation Master Plan was adopted in 2006 Although
Englewood School's need/intent of selling Duncan Pan was no1 known or an1ieip3tcd during the
planning process, the lack of p:irk acreage in the southeast area of the Ciry was well documented.
(Addendum K).
As previously discussed, suppon for saving Duncan Pork from development was led by gt11SSroots
neii;bborhood groups and user groups. These groups attended many City Council and School
Board meetings nnd have been supponive of grant applications (Addendums N and 0).
\I, Matchin g and Lev erag in g of Fund s
A successful GOCO grant award ofS200,000 and the City's match ofSJ,3,336 will compk1e the
phase II purdusc of Duncan Park; eight lots touhng I 47 acres. GOCO grant funding of
S200.000 wil l be leveraged wi th S263,336 from Arapahoe Open Space shore back funds, SS0,000
from Conscr"ation Trust Funds and the City's =h match ofSl0.000 for a totnl phase II purch:ISC
price ofS533,336. These funds nrc currently included in the City's 20011 proposed budgcL Phase
I and Ill of the Duncan Parlt pun:basc. although 1101 a pan of this ph3sc II grnnt appl ication, arc
similarly S1ruc1urcd 10 ma1ch grant fundi ng with City funds received from the Conservation Trust
Fu.iJ and Arapahoe: Open Space Fund. The total acquisition cost (phase I, II and 111) of Duncan
Park is Sl.2 millio n. If ou r GOCO grant 1s successful. S-150.000 of the total park pun:hase price
will be grant funded with the rctn31rung S750,000 pmV!dcd by City funds (ie· Conservation Trust
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Funds. ,\rapahoc Open Space funds) Engkwood School's lener,,r,up!)On ,n1em ,s attached (.Addendum L) Partnershi p and Sup port Ahhough 1hc Cny docs nol ha,c financial panncrs for 1his projec1. we h,ive worked , ery ch,scly "ith Englewood Schools and 1he I ark user groups m keep 1hc pork in public hands, Duncan rnrk neighbors and u~cr groups ha, call been involved m 1he public mas1er plaM1ng process relo1ivc 10 lhe 2006 Parl.s and Recrca1ion Mas1cr Pion and ore cager 10 panicipate in future park
redcvclopmcnl planning. Wnh C,iy ownership of the park and removal of the current school
building. there ore many exciting possibilities for Duncan redevelopment As previously
mentioned, Englewood was successful tn obtaining a Phase I Duncan Park Acquisition i;rant of
S250.000 from lhc Anlpahoc Count)' Open Space program .
lj OI J2
Appendix • Addendum A Project Budget Page 11 AdJcndum B Timcline Page 12
Addendum C Mayor"s Letter Page 13
Ad,.kndum D Counci l R~solution Page 14
Addendum E Phased Purchase Map Page 15
Addendum F Site Map Page 16
Addendum G Local Map Page 17
Addendum H Regional Ma p Page 18
Addendum I City Council Ordinance 142 Page 19
(1\u1horizing Comract for Deed) • MdendumJ Contract for Deed Page 21
Addendum K Park and Recreati on Master Plan Page 28
Addendum L Support Letter Page 29
(Englewood Schools)
Addendum M Support Leiter Page 30
(Parks and Recreation Commission)
Addendum N Support Lener Page 31
(Duncan Park Neighbors )
Addendum 0 Suppo rt Lener Page 32
(Englewood Soccer Association)
• TASK J. DATE:➔ Oh1am go,·emmg body approval Emcr i1110 r,urcha.se contract and provide copy 10 GOCO1 Obtain Appraisal and GOCO apr,roval1
Oh1ain Survey
Ob1ain Environmental
Assessment
Oblam Tille commitment and
rcrcrcnced documcn1s
rrepare GOCO required
Conserva1lon Easemen1
Cnnducl Closmi;,2
Develop land manageml!rH
plan4
'Required wulu n 100 days or1he gran1 award da1c
'Required wi1hm I year or1he gram award dale.
'Required wi1h1n 6 monlhs afier closing.
'Required wi1hin I year a Iler closing.
• • TIMELINE Ma '08 Jul 'OR Sc '08 Nov 'OR Sc •09
RUDGETFORM SOURCF. OF FUNDS DATE GOCO C.RANT APPLICANT PAR TNER MATCH SECUR ED REQUEST MATCH TOT Ai. C-ASII Orumhcr,07 $200,000 S?0,000 SZZ0,000 CO;\S[R V;\TI O"II l ftlJST t----._l "'IOS ~brch-01' s~o.ooo ~50.000 ARAPAHOE COUNTY OPEN Sl'ACE SIIARt:DAC-1' FllN['I; J uh·-08 SZC,J,..13' 'S2fd.JJt1
IN-k:IN O (itnui-:1J
=
1 OTALSOIJR{'EOF FI JNOS szoo.ono SJJJ,JJ6 SSJJ.JJ6
USE OF F UNDS
DATE TO IIE GOCO FUNDS SP ENT
A PPLICANT FUNDS PARTNER FIJNl)S T OTAL
r U RC IIASE PRICE Nonmht:r~08 SZ00,000 SJJJ,.}36 S!\JJ,.JJ1,
TOTAi . USE O F FU I)!, NonmbC'r~08 S?00,000 SJJJ.JJ6 S5JJ.JJh
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{' C T y 0 F ENGLEWOOD C ' T y (O U NC I August 21, 2007
The State Board of Great Outdoors Colorado
1600 Broadway, Suite 1650
Denver, CO 80202
~ar Board Members:
On beha lf of the Englewood City Council, I am writing this letter in support of the City's
GOCO grant application for Duncan Park acquisition funding.
City Council and the Parks and Recreation Commission have identified the purchase of
Duncan 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 elementary school
site.
The School District has ngreed to enter into negotiations with the City that would allow
for phased sale of the property.
The City is committed to pursuing grant funding and using Arapahoe Open Space
shareback funds and Conser\'ation Trust Funds to protect this park from private
development.
Thank you for )'Our consideration of our grant request for this ,·ery importar,,
acquisition.
Sincerelv
0~
Ma)ur
Cc: Englewood City Council
City Manager Gary Sears
City Attorney Dan Brotzman
Parks and Recreation Director Jerrell Black
\\,ru" ~ \\~~" \I t..,a,p , o\\i,o, P,u Ttt ilnl \\'uod~u,d. "' l.,j,je
L.1~11•1t llll'lt'f'l..-i-, flidrKI J • B,111 \1\CJ..:.n "' L1141 I 1,,hr! t-1 Moo,r. (ft):•1<1 l I ~.t,· fom.t•WI Ot.1,,1 I ■ \\,t)Ot" OJ.,... 0•~•1 I
hlrrMl E.u~lc:-,,uotl r,11l,,.1, [ngb,oud Colordclo 80 11 0 Mwn~ lOl i1,:? 1 \ 10 F \\ 101•761·1•hl8
""'"-~•""61.•11·
RESOLLmO NO 131:_ SERIES OF !007 A RESOLlITION SUPPORTING THE GREAT OUTDOORS COLORADO GRA.'IT APPLICA TIO ' FOR DUNCA: PARK ACQU!SITTON RJNDING .
WHEREAS, in 2006 lhe Arapahoe School District No. I [Englewood School District] \'Oted 10
sell lhe Duncon Pork propetty; and
WHERE.",S, the City of Englewood, Colorado h,s 111.lintaincd ond opcra:ed Cluncon Pork ns •
ommunity pork for over 1hirty years nnd 1s considered• valuable and irreplnceable part of1he
Englewood pork systcnt, and
\VHEREAS, Dunc on Park is the only Park located in the sour beast quadrant of the City of
Englewo,id; and
WHEREAS, the City 's acquisition ofOuncan Park is the highest priority for the Parks and
Recreation Mnster Pion and the Porks and Recreation Commission ; and
WHEREAS , there is communi ty su pport for keeping this parcel ns public lands and free of
private development; and
WHEREAS, the Englewood City Council committed to using grant and other City funds to
acquire the Dunct.n Park propeny;
NOW, THEREFORE. l:IE IT RESOLVED BY TilE Cf!Y COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT :
~-Tbe City Council of the C,:y of Englewood suppons tht GrC3t Outdoors Colorado
SJUOt application fur Dunc;in Park acquisnioo funding,
ADOPTED AND APPROVED this 20th !by of August, 2007 .
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II)
OS ·c .. > >, .,
C
C
" Q.,
Chenango A venu~
Duncan Park Phased Pu rchase Map Layton Avenue
Lcscnd
Ph:ISC I -four Lou
Phosc Ill • SIX lots
ti
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cii ... ., ...
Q.,
L_ ■ ..
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Phase n • c1ah1 lots • Subjcc1 propc11yl(j()CO Gr1111
Exhibit A
Duncan Park Land Transrer
ISUIJJ
., SCALE! 1 Inch = BO feet •-0 • DATE March 7, 2007 .
• • • City of En&ln<'OO<t Colomlo 2007 Great Outdoors Colorado Gr.ml Application Dun ar,P,.,lr. P.rlt Acquisition ProjKt SiteM,.p LEG END . --ng e 8a •kelball Court
0 Playground
-Topographical Cornour Unes
Cl c,tyeoundaly
Jvty 2007
0 1S I SO 225
Fttt
I I I I I --IL / 1--I City of Englewood, Colorado --. DENVER 2007 Creal Outdoors Colorddo ----... ,.., Grant Application , ... ~lr~.z.l Dunc~n Puk: -P.Ark Acquisition Project _.,/"' 7 r-t.oc1tl Map -/ _I -LEGEND -.~_::-;;~~ -,,. -l-. .:::.. c:::::J Duncan Pattc 8ounda,y
~ r -Englewood Patl<a and Open Space
l,J .Ii .. ..._ y -Englewood Reere..UOnal FacihhH
•!! -...,__ -i -M ajor Highways
~-= 1SH.aRJDAN rt •
':• (:-i I -Arterial and Conec:lOf Streels ·~. '( ~ -, . . j .::tc:::. I
O~OltOAW CHERRY HILLS
I ' ) t ' ,.,.-\/lllAGE ·-fulv 2007
''1C:r5 1 _
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I ,-4-~ ~ SJW I 8 I GREENWOOD
-·,.I lllLLAGE
I -i U1ETON )
-?-0 o.s I ,.s
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• City o( Englewood, Colorddo 2007 Creal Outdoors ColorddO Gr,>nl Applic<1 tion DuncAn P.trk: Park Ac quisitio n Projttl Region.,/ Map LEGEND
-Duncan Patk SIie Locabon
D Englewood Clly Boundary
-Major Highway,
-Anenal and Coaedor Streets
July 200"
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AIIIN
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BY AUTHORJTY COUNCIL BIU NO 4 l INTRODUCED BY COUNC'l. !I.EMB!:R 13ARRElmNE
AN ORDINANCE AlTrt!ORJ:ING THI:. "CONTRACf FOR DEED" FOR THE PURCHASE
OF DUNCAN r ARK LOCATED AT 4846 SOUTH PENNSYLVANIA STREET BETWEEN
THE CITY OF ENGLEWOOD, COLORADO AND ARAPAHOE COUNTY SCHOOL
DISTRICT NO. I.
WHEREAS, in :!006 lhc Englewood Sdlool Board voted to sell the Duncan Parr, property; and
WHEREAS, DuncM Po.-k is th, only Pork located in the Southeast quadrant of lhe City of
Englewood; and
WlffiREAS, tho Englewood City Council ncgotialcd an agreement wilh the Englewood School
DtstriCI for lhe Cily's purchase ofDuncrui Park; and
WHEREAS, lhc Cily inlcnus lo acquire lhia property with monies received a; grl'.llltS from
Arapahoe County Open Space. and Grca1 Outdoors Colorado; and
WHEREAS, under the "Co~tmct For Deed" the Englewood School !Ntrict will retain control and
ownmhip oflhe DW1C411 School building tbrougb the year 2010;
NOW, THEREFORE, BE IT ORDAINED BY THE Cn'Y COUNCIL OF nm crrY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section I, The "ConL-act For Deed" between Arapahoe County Sr.!:lool District No. 1 and the
City of Englewood, Colorado for the purchase of Duncan Parle, attached as ''Exhibit I", is her-...hy
acce;,tcd and eppr:avcd by lhe Englewood City C'.ouncil.
~ Th: Mayor is authonzcd 10 exc::ute and the City c:en:: lo 3ttcst 1111d ,::al lhc "Contract
For Deed" for 111\d on behalf of the City of Englewood, Colorado ,
Introduced, rend in full, und passed on farct reading on the 16th day of July, 2007 .
l'uhh.J,eJ II' Btll ro, •. , Oad 11,,.,.,. on 1hc 20• d,yof tuJy, :;007 R.,.1 hy lltlc nr.l p11.".scd e n r. .. ll ltddins on the 6th day of Aui;uc,l, 2007 l~alal,sllcd byhllc as 1)11laS1nu No. ~ncs of 2007, on the 10th day of August, 1007
I, Loucrishl• A. Ellb, City Clerk of the City ol Englewood, Colorado, hereby certify U1nt the
above nnd foregoing is , R/2l'Je copy of the Ordinance pnsscd on finn l r adillg and published by
tillc as Ordlnnnce No , ~Series of 2007 ,
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ORDINANCE NO. SERIES OF 1008 B\' :\UTHORll Y COUNCIL lllll NO Q INTRODUCED OY COUNCIL MEMBER WILSON AN ORDINANCE AU11i0RIZING THE SALE OF A SINGLE FAMILY RESIDENCE
AT 2370 WEST WESLEY A VENUE IN THE CITY OF ENGLEWOOD. COLORADO.
WHEREAS. the Cny or Englewood and Arapahoe Communit) Collegc'Area Career and
Technical School (ACTS) became in,ol\'cd in a two-year Comprehensive Building Trades
program for high school students and 3duhs 10 ha,-., a "hands-on" experience in building a
home from the ground up throughout the school year; and
WHEREAS. the City Council or the Cny or Englewood appro"cd the Cit)' purthasing
2394 West Wesley A\'cnue by the p.1ssoge or Ordinance No. 4S. Series 200S, nnd
WHEREAS, the propcny originally known as 2394 West Wesley Avenue wos re-
subdivided odministratively imo three smnllcr sites known as 2370. 2380 and 2390 West
Wesley Avenue: a nd
WHEREAS, the Englewood City Council authorized an lmergovcmmcntal Aurcement
with the Arapahoe Community College/Area Career and Technical School to build one
single family residence on the sne "11h the passage or Ordinance No. 28. Scncs 2007: and
WHEREAS. the City acted as developer by providing construction runds rrom the
Housing Rehabilitation Fwid and a slle con1r.1etor was hired to coordinate the day-to-day
building activities "ith the ACTS instructor and students: and
WHEREAS, the Arapahoe Community College/Area Car,er and Technical School
(ACTS) is completing the cons1ruc11on of a single family house at 1370 West Wesley
Avenue, with the proceeds ofony sale to be returned 10 the Hous ing Rehnbihtotion Fund;
and;
WHEREAS. the passngc oft hi~ proposed Ordinance will nppro,·c the sale of this
propeny:
NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIIE CITY OF
ENGLEWOOD. COLORADO. AS FOLLOWS:
~-The City Council or the C11y or Englewood hereby authorizes the sale of
~370 West Wesley A,cnuc ,n the ACTS Program. which propcny is legally described ns
follows·
Lot 3, Southlown Gardens Annex. Filing No. 6
County or Arnpohoe, Stnte of Colorado
-1-
Secuon ;: The Mayor is authorized 10 s1gt1 the deed. S,-ction 3, The Cit) Manager ,s authnnzcd 10 sign the ch»mg documents n,..:cssary m complete this sale . Introduced, read on full. and passed on first reading on the I 9th da) ,,f February. 2008 .
Published as a Bill for an Ordinance on the 22nd da) of Fcb111al)'. 1008.
Read by title and passed on final rending on the 3"' day of March, 2008.
Published by 111le as Ordui.,nce No._. Senc:s or 2008. on tl.e 7th day of March.
2008 ,
James K. \\'ood\\ard. Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucnshia A. Ellis. City Cl~k or the City nr Englewood. Colorado. hereby ccnify
that the abo"c and fo regoing is a true copy of the Ordinance passed on final rend mg and
published by title as Ordinance No._, Series or 2008.
Loucnshia A. Ellis
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ORDINANCE NO. SERIES OF 2008 BY AUTHORITY COUNCIL BILL NO. 12 INTRODUCED BY COUNCI.L MEMBER MOORE AN ORDINANCE AUTHOR!ZINO THE OO"ERGOVERNMENT AL AGREEMENT
ENTITLED "AGREEMENT RTD & CITY OF ENGLEWOOD COST SHARING FOR THE
ART"' BE'lWEEN THE REGIONAL TRANSPORTATION DISTRJCT (RTD) AND TIIE
CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the Englewood City Council approved an Intergovernmental Agreement
between RTD and the City of Englewood for funding of the Eni;,ewood Circulator Shuule
for 2004 -2007 by the passage ofOrdinance No. SO, Series of2004; and
WHEREAS, the City of Englewood designed the Englewood Shuule 10 provide circulator
shuttle sCIVicc in the general orea of the Ci1yCcn1cr Englewood. downtown Englewood and
the Swedish/Craie Medical Center. and
WHEREAS. this service provides mobility and access 10 the commercial oreas in and
around the vicinity of the CityCenter Englewood light rail station, downtown Englewood and
the Swedish/Craig Medical Center. and
WHEREAS, RTD provides bus service 10 and through the CilyCcnter Englewood area
and the nrea in and around downtown Englewood and the Swcdish.lCraig Medical Complex;
and
WHEREAS , RTD and the City of Englewood agree 1ha1 these services will complement
each other and provide attractive nnd effective transit service for people working and
shopping in the area surrounding the Ci1yCen1er Englewood; and
WHEREAS, the City Council of the City of Englewood, Colorado approved application
10 the Denver Regional Council of Governments {DRCOG) Congestion Mitigation Air
Quality Funds for operation of a Circulator Shuule in November 2002; and
WHEREAS, in November 2003 the DRCOG and the RTD approved the 2004 CMAQ and
STP•Mctro funds 10 be iransferred from the Federal Highway Administration to the Federal
Transit Administration for use b) RTD as spccilicd in the DRCOG 2003-2008
Transponation Improvement Program; and
WHEREAS. the City Council of the Ci1v of Englewood authorized an IGA entitled
"Agreement RTD & City of Englewood c,.,., Sharing For The An" between RTD and
Englewood providing for the same level of service from September I 0. 2007 through
December 31, 2007 by the passage of Ordlnunce No. 66, Series 2007; and
WHEREAS. the passage oflhis proposed Ordinance will provide the same level of
service from January I, 2008 through December 31. 2008 ;
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NOW, THEREFORE, BE IT ORDAINED 13\' THE CITY COUNCIL OF THF CITY OF • ENGLEWOOD. COLORADO. AS FOLLOWS: ~ The City Cow1cil of the Cit)' of Englewood. Colorado hereby au1hori1.cs the !GA entitled ··Agrccmcnt RTD & Ci1y of Englewood Cost Sharing For The An" between the Regional Transpona1ion Dis1rict (RTD) and the Cuy ofEng1cwood. Colorado. as auac:hcd hereto as Exhibit I. ~. The Mayor and City Clerk arc authorized 10 execute and ancst said
Intergovernmental Agreement for and on behalf of the City of Englewood.
Introduced, read in full. and passed on first reading on the 191h day of February. 2008.
P hed as a Bill for an Ordinance on the 22nd day of Fehruary, 2008.
Read by title nnd passed on final reading on the 3'" day ofMa11:h, 2008.
Published by title as Ordinance No._. Series of 2008. on the 7th day of March,
2008.
James K. Woodward. Mayor
ATTEST:
Loucrishia A. Ellis. City Clerk
I, Loucrishia A. Ellis, City Clerk of the Ci1y of Englewood, Colorado, hereby ccnify
that the above and foregoins is a true copy of the Ordinance passed on final reading nnd
published by title as Ordinance No._. Series of 2008.
Loucrish10 A. Ellis
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AGREEMENl RTD & CITY OF ENGLEWOOD COST SHARING FOH THE ART f1. This Agreement is made this l,i__ day of ~-2008, between the Agional Transponation District, a political subdivision of the ~tatel_Colorado organized pursuan1to the
Regional Transponation District Act, C.R.S. 32-9-101, et. Seq., !hereafter "RTD"), end ta City
of Englewood, Colorado, a Colorado home rule citY !hereafter "the City•).
RECITALS
1 . The City has funded and operated circulator bus service lthe "an") within t he En!/lwood
area since September 2004. This service provides mobility and access from the En!/lwood
Civic Center to Swedish Medical Center and Cr~ig Hospital along Englewood ParklllY and
Old Hampden Avenue.
2. RTD also provides light rail and bus service in this area of Englewood. RTD and Oe 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 1he interest of the panies to ensure t he continuation of the art shuttle thro~h joint
funding by the City and RTD as set forth herein.
Now, Therefore, In consideration of the promises and obligations set forth herein, the partle~
agree es follows:
CONDITIONS
1. The City shall continue to manage and operate the an shuttle.
2. Designated RTD and City representatives shall implement this Agreement and report
progress to the respective boards. City and RTD staff will confer on marke1ng end
service development and regularly exchange relevant information. Ctianges proposed to
1he an service will be coordinated with, and addressed as part of the rouuie RTO
service change process.
3. art route, service hours and frequency of service currently are as shown on Exhilit A.
4.
5.
The term of this Agreement sha l' begin on January 1 , 2008 and shall o~pire on
December 31, 200B. The parties may thereafter, by written agreement, renew the
agreement for successive period of one year each. Nothing herein obligates RTD or the
City to mako funds available for or to renew this Agreement in any future fiscal year .
The City and Its Agent(sl shall develo p and implement art marketing and promo1lonal
materials end activities at their sole cost. RTD staff will review and comment upon
proposed marketing strateg es and materials. RTD shall Include curren t art brochuras
and promotional materials at appropriate informatior,/customer service centers.
E X H I B I T
Sp ec ifi ca tions for marketing material shall be ap proved by t he RT0 to ensure compa;ibi li ty w ith RTD display capability, The RTD customer service te lephone • information center will provide up•to •date art service and schedule informatio n. 6. The City shall mai ntain all art signs and sign posts . 7. The City shall be responsible for all add itional costs on service hours that exceed regularly schedu led service hours as shown in Exh ibit B if authorized by the City , Additional service ho urs would include operating the art shuttle for City special events
and holidays at the City 's authorization.
City recognizes that RTD has a standard fa re structure that is applied to all services that
ffr D operates or participates in fund ing. RTD ;ecogn izes tha t the City does not currently
charge passengers for the art shuttle. The City chooses to continue to operate the art as
a fare-free service. The RTD in cooperation with the City performed a survey in March
2007 that determined the average fare that would have been collected had the art
utilized the RTD Denver loca l fare. For the 2008 year of operation, this nu,nber has been
established at $67,206 . A new survey shall be conducted in March/April 2008 time
period by the RTD with input from the City to determine the average fare :hat would had
been collected had t t>e 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 shall prevent the City from collecting contributions or fees
from entities within the City, such as special improvement districts or local foundat ions,
to help defray the cost of the art serv ices borne by the City . RTD shall not be party to
the assessment or collection of such special fees or contributions ond shall not receive
any direct allocation of or credit for such speci~I fees or contributions collected by the
City.
8. The City, as in their management role, will continue to provide fuel for the art shuttle.
Fuel expenses will be itemized on all invoices for reimbursement.
9 . RTD shall pay to the City as funding for the operation of the art services, an amount
equ~I to 100% of the net cost of operating the art service l"Net Cost "). Net Cost shall
be de(;ried as art operating cost, including fuel, less estimated farebox revenue. See
Exhibit B for r.ost breakdown. art operating costs will no'. include any City
administrative costs .
10. City shall invo ice RTD for 100% of the Net Cost of service on a monthly basis,
providing a su1,1mary, as a,.,eed, of expenses , passenger boordings, service ht ;s and
mileage. The City will deduct $5600.50 per month , ; imputed fare revenue on a
monthly bas is. RTD shall pay all ;ipproved invoices w,tt,;,, th i rty days of receipt. If
RTD does not approve an invo ice from the City, a written vx planation of disputed items
will be sent within 10 days of RTO's receipt of the City invoice.
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11. City will maintain fu ;i ijnd complete financial re cords for the operation of the art Including •
info rmation nn the number of passenger boardings provided on the art. The City shall
make these re cords avai lable to RTD for audit. National Transit Database ("NTD ") data
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shall be kept in accordance with FTA requirem ents and shall be reported as part of RTD's NTD submission. art performance will be ass;ssed during the contract term to determine If performance expectations have been met and to determine if consideration of a future cost sharing Agreemen, is warranted. Performance will be evaluated on terms of passengers per revenue hour of service and subsidy per passenger. If it 8f'lpears 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. If RTD chooses not to renew for failure to meet serv,ce standards it shall notify
the City by April 1, 2008 that it does not intend to renew this Agrremont for the
following year. If this Agreement is terminated due to lack of fundlrg by either party in
the next year's budget cycle it shall notify the other party on or before December ', and
servica will be terminated effective January 1.
Without waiving the privileges and immunities conferred by the Colorado Governmental
Immunity Act, Section 24-10-101 et seq., C.R.S., each party shall be responsible for any
claims, demands or suits arising out of its own negligence. It is specifically understood
and agreed that nothing contained in this paragraph or elsewhere in this Agreement shall
be construed as an expressed or implied waiver by any party of its governmental
immunity or the governmental acceptance by any party ol liabilities arising as a result of
actions which lie In tort or could lie in tort In excess of the li~bilities 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.
1 5. No Third Party Beneficiaries. There shall be no third-party beneficiaries of this
Agreement.
16. Financial Obligations Subject To Ap propriation s. This Agreement does not contain any
multiple-fiscal ye r financial obligations by either party that e><tend beyond its current
fiscal year. The financial obligations of each party under this Agreement shall be subject
to and limited by the appropriation of sufficient funds therefore by its governing body.
Funds for this agreement have been budgeted, authorized and appropriated by the RTD
Board of Directors for the 2008 fiscal year. RTO shall contribute funding 10 the City to
support the total operation, includin g all expenses for transportation and fuel costs, of
the art in an amount not to exceed $273,196 in 2008. Nothing herein obligates RTD to
budget, authorize or appropria te 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 compliance with Section 32-9·
119.7.C.R.S.
18. Independent Con tractors. The City end RTD are not partners or 10101 venturers as a
result of this Agreement . Their relationship shall be that of ind eperdenl co ntractors .
19, Authority. The Cny and RTD rdrresent or warrant 10 each other that 111cy have all necessary authority to enter into this Agreement and to perfo,rn their obligations • hereunder and that this Agreement does not conflict with any other agreement that each party 1s subject or to which 11 may be bound. 20. No Assignment. Except as otherv,lse provided In this Agreement, neither party may assign the Agreement and/or any of Its rights and obl igation s hereunder without th, written consent of the other party.
21. Written Amendments. This Agreement may be modified or amended only by a written
document duly executed by both parties.
22. Notice,. Correspondence regarding this Agreement should be sent to:
For the City:
City of Englewood
Community Development Department
1000 Englewood Parkway
Englewood, Colorado 80110
Attn: Harold Stitt
303.762.2341
For the RTD
Regional Transportation District
1600 Bl~~e Street
Denver, Colorado 80202
Attn: Bruce Abel
303.299.2839
23. Enure Agreement. The terms and provisions of this Agreement, and It s exhibits,
represent the e ntire understanding of the parties with respect to the subject matter of
this Agreement, and merge, incorporate and supersede all prior communications between
the City and 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. the parties have entered into this Agreement as of the date first set forth above.
REGIONAL TRANSPORTATION DISTRICT
9y:G!m1~£
Clarence W. Marsella
Genera l Manager
Regional Transportation District
Approved as to legal form:
Regional Transportation District
Marla L. Lien
General Counsel
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CITY OF ENGLEWOOD
By.:_------------
James K. Woodward
Mayor
City of Englewood
ATTEST :
Loucrishla A. Ellis
City Clerk
• Exhibn A art Service Description Sean of Service: Weekday-6:30 AM· 6:30 PM
Saturday-No service provided
Sunday-No service provided
Holidays-No service provided
Service Freguenc~:
Weekday every 1 5 minutes
Saturday-Not Applicable
Sunday-Not Applicable
Holidays• Not Applicable
Annual Revenue Hours:
Weekday-6,144 • Saturday-Not Applicable
Sunday-Not Applicable
Holidays-Not Aeplicable
Total 6 ,1 44
• Exhibit B Summary of Anticipated Operating Costs and Revenues Exee nse-Janua!Y 2008 -Se etember 10, 2008 an operating hours expense-4248 hours@ 37 .56 per hc.ur $ 159,55;
an fue l expenses $ 27 ,182
Expense $ 186,737
Exeense-Seetember 11 , 2008 -December 31 , 2008
an operating hours expense-
1896 hours@ 39.21 per hour $ 74,342
art fuel expenses $ 12,117
Expense 86,460
Ex12ense• Seetember 11 1 2008 -December 31, 2008 • art operating hours expense-233 ,897
an fuel expenses 39,299
Total Expense 273,196
Revenue -Jenua!Y 2008 -December 2008
Passenger fares based on March 2007
survey $ 67 ,206
Total Revenue $ 67,206
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ORDINANCE NO. SER IES OF 2008 BY Al'l II ORJT\' COtn-.CIL BILI NO. 13 INTRODUC EU BY COUNCIL MEMBER MOORE AN ORDINANCE AMENDIJ\'G TITLE 5. CHAPTER 3B. SE:CTIONS 3, 5 AND 8. OF
THE ENGLEWOOD MUNICIPAL CODE 2000, PERT AJNING TO LIQUOR
LICENSING AND PERMIT FEES.
WHEREAS. because of periodic changes in these fees, such fees wr,uld be bcner sci b)'
Cit)' Cow1eil Resolution: and
WHEREAS, the sett mg of these fe es by City Council Resolution 1s consistent wllh other
Ci1y fees which are also set by Cit)' Council Resolution: and
NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO. AS FOLLOWS :
~ The Cily Council oflhe Cily cf Englewood. Colorado hereby authorizes
amending Tille 5. Chapter 3B. Section J. "Annual License Fees and Occupation Tax", of the
Englewood Municipal Code 2000, changing the setting of Liquor Licensing and Pcmu1 fees
by Ci1y Council Resolution. 10 read as follows:
5-3 B-3: Annu al blrn•r f':e•• a ■d Occupation TaL
A. Annwal lie@RSI Am shall he 11aid 10 1h1 City"" p1e•~d1d hy lili!i le , shell ha paid
in od• anee, and shell not~• F1ba1ed e, eioeowa1ed on a p,opoflionale basis Al• any
lieense iR e11is11ne e er isswed Air li!Ss 1kan a) ea,. Said feoo shall he ia addi11en 10
any llftAYal hee11se fees er Hi:!Slfillion fees re~wi1<1d 10 he paid 10 the Stale,
B. a. 111c business of selling al retail any fenncn1ed mah bc,•erage. mah. vinous or
spirituous liquors. is hereby defined and separately classified as an occupation as
specified below. The following annual occupation wcs arc hereby established and
shall be paid by lhe applicant or hcensee 10 the City :
TABLE INSET:
OC:CYPAI!ON TAX
I. Rl1ail liquor •lore SJ00 .00
2. Liquor-licen.<cd drug store 300.00
J. Beer and wine 450.00
4, llotel and restaurant 650.00
5 . Tavern 650.00
6. Cluh 450.00
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7. ArlS 00.IKl $ Brc\\ pub '50.00 9. Op11003I premi<cs 650.00 10. Opaionnl prcnuscs \\ iah hmc l res1ouran1 license I 00.00 ench npnonal premises II Bed and brcakfos1 (l(IOO
11. M1m bar 450.00
13. All licc'!lsecs licensed 10 sell fcnncnac:d mah bc\eragcs for 450.00 co nsumption both on and off the premises
14 . All licensees licensed 10 sell o nly fcnnented malt beverages h) the 450.00 drink for conswnpaion on the 'Premises
15 . All licensees licensed 10 sell only fcnncnaed malt beverages m 1hdr 300.00 nri11inal conaainers for consumption ofT th~ premises
Said 1axcs shall be in addiaion to the nnnual license fees paid 10 the Cuy and the S1a1e
and shall be paid pnor 10 the issllllncc or re11C\\ al of 1he City licen.<e No refund of any
inx paid m a~cordancc "iah ihis chapter shall be made 10 any person "ho d1scon1inucs or
sells his/her business during the dumaion ofahc license: provide~. however. 1ha1 th,· new
owner of any cs1abhshmcn1. when appro,·cd as the nc-. licensee. shall be crc:dued on a
daily basis for any occupation tax pa id by 1hc previous owner for 1hc unexpired 1enn of
the previous 0"1m's license.
In addinon 10 any other remedy provided by 1h1s chap1er. ihc Ciay shall have the righ1 10
recover oil sums due and ow,ng under 1h1s chopler by any ei,~I remedy avo,loblc under
exisnng low. Funhcrmore, the pro'1sions of Section 4-4-19. Englewood Municipal Code,
2000, "Unla wf\JJ Acts". is 111corpora1cd herein ond made applicable thereto.
Scc1jnn 2. The Cuy Council of the Cuyof Englcwood. Colorado hc-reby authom.cs
umcndmi Title 5. Chopacr 311. Sccn on 5, "l'el'S'', of1hc Englewood ~tunic1pnl (\><le 2000, by
amending 5-38-S :md pro,iding for 1hc ,,11ing such F.x-s by Caty Council Resolu11on.
Aiwual License fees shallb~ r~un~il.&£wlu1ion gnd shqll bs 111.addlll11l.12
W>:.futillll1.2 cd~~ti:,
TABLE INSET:
1...... I ~le • lie.ns•
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B,-+RIMH!F e~ leea1,011 e~ es1sllRlJ! lieeRse (,,-+Rmsfe, e~e •~••FSl11p e~ 011is11ng liee1,,se I:}. GheHgo e~e8'!'0RIIO SIA10IYRI Klf esis1i1~ lieeRse; i:e, oaeh heel g,<ewnd i11ues1ige1ieR ee•dwe1ed bl' lhe Git'.)' feF ••eh"""' efliee,, -h--diFoeie,, s10el~1elde, e, • e111he, a~• •efflBF&lien e, liniiled liehililj' ee111p••l'
~ 6tie1Ap1iae 10 ehattge eha.,&Rlle s1A1e1u,e hael·gfflwHd ie,·e;;1ige1ieH: -+his re. •llell 1191 he eke,ged K!F e A8ApF0HI e,geRii!llliBA.
f;,... Reno •el e~e~is1h1g lieeese
i:. +eMpe~• p1FA1i1 peedini: l19ftsre, e~ B"'IIOf!!hip
G,-be1e l"@e feF nno• •al appliee1ie11s Hied •ui1hin AiAOlj' \QQj d•i•s 0Ae,1ho e11piR11i011
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+hese fees ehall ho i• addi1ieR 10 e•l' eddi1ienal r..es imparni bi 11,e S1e1e,
~ The City Council ohhe City of Englewood. Colorado h~by au1horizes
amending Tille 5. Chapter 38. Scc1ion 8 ... Special Even1s Prnni1 Fees'', oflhe Englewood
Municipal Code 2000, by amending 5-38-8 and providing for 1he scuing 1hc Fees by City
Council Resolution.
S-38-8: S~ci•I Events Permit Fees.
Special EYSOJS Psroil Em §hall hs §Et bY City Council Resolution and shall hs in
addition l9 IPY fm IDJPO$£SI by the Sum:
+ho baeal biee11siag Aw1heFity shall impose A l"@e (~•• e eAI! fer pe•1ing , i11 •es1ig&1ieA,
&Ad issweAee of""l' &peeiol • ""' ~•"'"' es felle•1s,
Seid H!t!6 •h•II h• ie add111e• 18 ORj re .. IA1pesod hj "'' Slnlo.
~ Safety Clauses. n,c City Cow,cil hereby finds. detennincs. and declares
1h,11 this Ordinan<:c is promulg3tcd under the general police power oflhe Ci1y of
Englewood, lhot ii is promulgated for 1he health. safety, and welfare of 1he public, and
1hn1 this Ordinance is necessary for 1he preservation of hcnllh and safely nnd for 1hc
protection of public convenience ond welfare. The City Council further dc1cm1incs that
the Ordinance bears • rational rclauon to lhe proper lcgislati\'c object sought to be
obtained .
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~ Sc\'crnh,lit v, If any c lause . sc1>1cnec. paragraph. or pan of this Ordinance or the application thereof to llllY person or circumstances shall for any reason be adJudged by a coun of compe1en1 jurisdiction tn\'lllid, such Judgment shall not affrct, impair or m,·alidnte the remninder of this Ordinance or tts npplicatton to other person, or circumstances. ~ lncpnsjstem Ordinances. All other Ordinances or pontons thereof inconsistelll or connic1i11g with this Ordinance or any pon ion hereof a.re hereby repealed
to the extent of such inconsistency or connic1.
~ Effect pf repcnl QC modification, Th, repea l or modification of any
provision of the Code of the City of Engl~·ood by this Ordinance shall not release,
extinguish. alter, noodify. or change in whole 01 tn pan any penalty, forfeiture, or
liability, either ci\'il or criminal. which s~.,· 1 .uwc been incurred under such prO\"sion,
and each provision shall be treated and h-ld ., <till remaining in force for the purposes
of sustaining &n)' and nil proper acuons. su,15. proceedings, and prosecutions for the
enforcement of the penalty, forfe iture, or liability, as well os for the purpose of
sustairung an)' judgment, decree, or order which can or may be rendered. en tered, or
made in such acuons. suits. proceedings. or prosecuuons
~ ~ The Penalty Provision of Section 1-4•1 EMC shall •p~ly to each
and every ,iolation of this Ordinance
Introduced. reod in full, and passed on fir st reading on the 19th ',y off sLruary. 2008 .
Published as a 8111 for an Ordinance on the 22nd day of February. 2008.
R(Od by ti1leand passed on fina l reading on the 3'" day of March. 2008.
Published b)' tit le as Ordinonce No._. Series of 2008. on the 7th day of March,
2008.
Jnmes K. Woodward. Mayor
ATTEST:
Loucrishia A. Eilts, City Clerk
I. Loucrishia A. Ellis, Ci1y Clerk nfthe City of£nglcwood. Colorado, hereby ccnify
that the above and forqoin11 is a true copy of the Ordinance passed on final reading and
published by title IIS Ordinance No._. Senes of 2008.
Loucrishia A. Ellis
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ORDINANCE NO. SERIES OF 2008 BY Al TIIORITY COUNCIL BILL NO. I~ r-'TRODUCED BY COUNC IL MEMBER MOORE A.'I ORDINANCE AMENOING TITLE 5. CHAPTER 3A. SECTION 6, OF TIIE
ENGLEWOOD MUNICIPAL CODE 2000, BY nu: AD' ,l'!JON OF A NEW
SUBSECTION 0, WHICH PERTAINS TO DISTANCE' OR LIQUOR LICENSES .
WHEREAS. the Stole currently requires the distanc;~ .ietwccn retailers or mah. ,1nous or
spintuous liquor and any public or parochial school<>. the prin:i1 al campus or any college.
university or seminary 10 be 500 fe~ but there is no dmance rcq1 ,,remcn1 for retailers or
fcnncnlcd mah beverages and/or malt hquors; and
WHEREAS. the City Council of the City of Englewo<Xi. '· -.,lorado wishes 10 have
consistent distance requirement for all types of liquor licenses from any public or pnrochinl
schoo l or the principal campus of any college, university or seminary
WHEREAS, the Englewood Liquor Licensing Authority recommended
oppmval of !his ainendmcnt 01 it~ Decemlx;r 19, 2007 meeting;
WHEREAS, this distancing requirement will affect only new license applications for all
liquor licenses. Es1oblishmen1s with existing licenses would be grandfathered and would be
allowed 10 remain 111 their current loca11on:
NOW, THEREFORE. BE IT ORDA 'l\lEO BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO. AS FOLLOWS:
~-The City Cowictl of tm City of Englewood, Colorado hereby nUlhorizes
amending Title 5, Chapter 3A Section 6. "Decision Rcnderec New Applications", of the
Englewood Municipal Code 2000, by the addition of a new Subseelion D, 10 read as follows:
5-3A-6: Ooc:l,lon Rendertd; Ne11 Applk 1tions.
A. Follo'"ing the public hearing on DC" ,pplications, the authority shall render its
decision no later than thiny (30) days 11,,'TC:lfter: pro,.;dcd, however, that the
authority may continue the hearing from 11mc 1 ... .is may be required 10 gather
necessary focts and evidence and 10 permit witnesses 10 testify, and the time
limited herein sh all run from the date of conclusion of the hearing, os continued.
B. Before cnterin& any decision approving or denying the application. the Local
Licensing Authority •hrll consider the facts and evidence adduced as a result of its
invc-st1go1ion, ns we •ny other facts, the desires or the inhabitants of the
neighborhood, tl1e • ,oble requirements of the neighborhood for the type of
license for which , ,.;a1ion has been m.1de, the nwnber, type and availobility of
liquor outlets located m or near the neighborhood under considerntion, and ony
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other penincm matters nffecung 1hc qunl ifica1i1,ns of the applicant for the conduct of the t)-pe of business proposed. C. The City Clerk shall send a written copy of the dec1s1onofthe authorily and the reasons therefor by cenificd mail 10 the applicant at the address shown on the npplication. and 10 any other party in inlercst upon request . u. Re1rictions for Arolirnuoos for New 1 icmsr
l. No aaolicotioo for 1hc issuance of ?PY liccms shnll be received or acted uoon:
• If lbs buildins m which the fgrnepted mah beyg;pgcs· mah Uouors· or
malt vinou:; or miriwous liouor is 10 bs sold is located within five
hundred fest of @ox wblis or onroshiol school or the orinciRal snrnous of
BOY @Jhwe YOiYSGilY or Kroinarv
The distances referred 10 in 1he ahoys ooramoh PCS 12 be comauted bx
direst measucsrnsm from the nearest amneuv line of the land used for
school ouwn 10 tbs nem oonioo of the buUdias in which liouor is
10 be wld Yiins a route or direct P£des1rian acsm
~. Safc1y Clauses The Ci1y l"ouncil hereby finds. determines, and declares
that lhi$ Ordinance is promulgated wider the gcnCllll police power of the City of
Englewood, that it is promulgated for the health., safety, and welfare of the pubhc, and
that this Ordinance is necessary fo r the preservation of health and safety and for the
protection of public convenience and welfare. The City Cow1cil funher determines that
the Ordinance bC411 • ratiC'nal relation to the proper legislative object sought lo be
obtained.
~. Scycrability. lfnny clause, senteoce. paragraph, or pan oflhis Ordinance
or the application thereof to any person or circumstances shall for any reason be
adjudged by a coun of competent jurisdiction im'lllid. such judgment shall not affect
impair or invalidate the remainder of this Ordinance or it application to 01her persons or
circumstances.
~ Inconsistent Ordinances. All other Ordtnnnccs or ponions thereof
mconsistcn1 or conOicting with this Ordinance or any ponion hereof arc hereby repealed
10 the extent of su~h inconsistency "r connict.
~. E[ec1 of rq,cal or modificatjon. The repeal or mod1fica1ion of any
pro,•1s1on of the Code of the Ctty of Englewood by this Ordinance shall not release.
extinguish. alter. modify, or change in whole or in pan any penally, forfeiture, 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 sumining any and all proper actions, suits, proceedings. and prosecutions for the
enforcement of the penally, forfeiture, or liability. as well as for the purpose of
sustaining any Judgment. decree, or order which can or may be rendered. entered, or
made m such actions. suits. proceedings, or prosecutions.
~ fmm The Penally Provision of Section 1-4-1 EMC shall apply lo each
and every violation of this Ordinance.
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Introduced. read tn full. 3nd p3Ssol on lirst rrJding on the 19th da) of Fcbru:il). 2008 . Published as o B111 for nn Ordinance on the 22nd day orFcbrunry. 2008 , Read by title nnd passed on final reading on the 3"' day ofMnn:h. 2008. Published by title ns Ordinance No. . Series of 2008. on the 7th dny of Morch. 2008. -
James K. Woodwatd, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishin A. Ellis, City Cle rk of the City of Englewood , Colorado, hereby certify
thot the above and foregoing is o true copy of the Ordinance passed on final reading and
published by title ns Ordinance No._. Series of 2008 .
Loucnshia A. Ellis
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COUNCIL co,~MUNICATIO Dale: March 3 W08 I Agenda 11cm: 9 c I I Subject : Conir, . F,1,-11,ion !or Trans,! Shunle Sen1ces Initiated By. I Staff SourCl': Communit\ D~,dnpment DepJrtme111 H.unld I. Still Communl11 Oe,elopment ~\.m,1~e1
PREVIO US COUNCIL ACTION
Council appro,ed b, Ordinance 50, Senes of 1004, an lntergo,ernmen1al Agreeniei111ICAI
belween the Cil) 01 Engle" ood ,md lh e Regional Transportalion Dls1ric1 iRTD) IOr 1undlng of the
r nglewood Carwlator Shunlt "" W0-1-200i. Council a~nroved b\ Ordanance hf,. Series 01 200;,
an ln1erg0\ernmen1al Agreemen1 (ICAI bt,i,• •r-c C,1 111 Engle\\ood and !he Regional
Transportation D,slnct tRTD) for rund,ng 0 1 In~ I '" ,,, Circul,11or Shunle 1or lh!' fourth quarter
01 W07. Council appro,ed, b1 Mouon, 111 August_ ,,J4 , .on1r,1ct 10, 1ransil se"ices 1\llh Laidla"
Transil Sen·ices and subsequen 1l1• e,1ended 1hls co 111ract b\' Resolu1ion No. 87, Series of 2005,
Resolu1ion No. ;-, Se1ies oi 2006, and by Morion ,1ppr01 ed on Decembt>r J, 100-.
RECOMMENDED ACTION
Staff recommends Council appro, e, by Motion, an agreement between the City of Englewood and
First Transl~ Inc. for continued 2006 operation of the Circulator Shullle In the amount of
S233.897.04.
BACKGROUND AND ANALYSIS
This con1rac1 e\lens,on will p,m ,d, r all , eh,des ,md oper,111011al components of 1he art Shunle
101 calend,u 1ea1 11Jtltl. As 01 St'plcmlwr ~8. 100" La,dlJ\\ Tr.in\11 S~l\1ces. Int ml'ri;ed "ith Fi1st
Group, and \\Ill nperall' under 1lw n,llll, F1rs1 Tr,ms1~ hK I uel "'" lw supplwd h, th~ Ci" \\llh
re,m~ursement b1 RTD.
FINANCIAL IMPACT
The First Tran\lt contrJct rs 1or 1he con1mued oper,ltlon 01 •rt Shullle s""""'' 111 th,• amount oi
$~33.8'l7.04 The t0n1racl and tuet ws1s 111II ht' rc1111huast<d h)' RTD l,•s, $6i,Wh ,. ,1111011111111,11
would lia, e ht'ell ,ollected had the ,hulll~ oper,11"d ,11 • 1are w" ace. This 10,1 1,1 ,oun1 ,s
include d 111 the ,1ppr0\ed 20011 Commumly Oe,elopmenl OepJrt111e111 hudgel. The tomracl
tonnnues 1he same le,el or "'" Ile operating Monda, through Fnda1 b:10 ,lln lo &JO pm ,11 no
cos1 m riders
ATTACHMENTS
Conuacl
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Transit Shuttle Services Operations Co ntra ct This Contract 1s made and cnlcR'll min as of the da, of ____ . W0S. b, :ind bcmccn 1hc Citrof Englewood. a Color.,dn \'1unkip.1l Co!J)l>ra.tion (Ci1y) and Fin.I Trans1i Inc .. a Delawilfc Corporation (Firsl Transit). WHEREAS. The purpose of1his C"1•1rac1 is 10 implemcm vari1,us 1ranspo1t11ion Ser\ ices ond i111pro vcmen1s 10 reduce dependency on the single occupant uu10111obile. fodlita1c •:10\'emcm of 1rat'tk 10 and within the commercial orcas uf th e Ci1y of Englewood and 10 mi11111,1:, •rJ ffic congestion in the shunlc area.
WHEREAS. The City desires to engage Firsl Transit 10 provide said Transit Shuttle
Management and Operations services:
NOW, THEREFORE. in consideration of the mutual co,enants and stipulations
hl'l'Cinaftcr set forth. the sufficiency of" hich is hereby acknowlcdg~ •he partil'S agree as
follows:
I. Purpose: The purpose of1his Cont ract is 10 set fortn all of the terns and conditiorL, ls'Tccd
upon between the Partic-s by whicll First Transit shall provide 10 1he City transit
management and operations services. as provided herein. First Transi t shal l perform such
services as sel forth in 1his contrac t using lhat degree of care. skill and knowledge
employed by leading contractor.. in the field ol'transit monagcmcnt ond orcrations in 1hc
United States .
2. Scope or Services: This Controct incorporates the requirements. conditions. obligations
and promises of the City's "~otlce lmiting Proposals for I Circul11or Sbutlle in the
City or Englewood ", dat ed April S, 2004 (including Ahc:mati,·c A) ond the "Proposal to
Provide Circulator Shunle in the City or Englewood " by Laidlaw Transit Se n •kes,
In c., dated April 23, 200-1 . Approved by Motion on August 2. 2004 and incorporated
hl-rcin.
3. lndepcnd t ut Contractor: The C11y he reby con tracts with Firs1 Transit 10 provide the
shuttle services described herein wi thin the City of Englewood 11$ un independent
contruclo; and not as an agent of the Ci 1y.
4 . Quality or Service: Firsl Transil acknowk'llgcs that through 1he provision of services. the
Ci1y desires 10 provide to their citizens a high quality of service in 1he operation and
maintenance of this shuttle sys1em. Firs1 Transit agrees 10 supply 1hc shuttle services
dest.-rih..-.J in parograph 1wo. abo, c, in a safe. efficient and professional mnnnc'T.
5. Compensation: Compensa11on shall be p.'lid pursuant 10 Exhibits A and B but in no C\'cnt
shall the compensation cXCl'Cd S233,897.04.
6. Term: This Contract shall be for a term oft,,elve months commencing upon January I.
2008 and ending al midnight. December 3 1, 2008. Thercoftcr, 1hc City Manoger may
ex lend thi s conlracl for lwo consc-cutivc one-year periods, subjc~I to the same tcm1s and
condi ti ons oflh is cont rocl
Pagel of 4
7. Applitablc Law: The parties agree this Contract shall be governed by and construed in accordance with the law of the State ofColorJdo. The venue for any litigation shall be • Arapahoe County. Colorado. 8. Termin atio n: In addition to any other rights provided herein. the City shall have the right. ut any time and in its sole discretion. to terminate, not for caus.:. in whole or in part. this Controct and further perfonnance of the services by delivery to First Transit of111ri1ten Notice of Termination specifying the extent and effective date of termination .
9. Amendm ents: All changes to this Contract shall be in writing and executed by the
authorized officials or the Parties. In the event a change in this Contract cause~ an increase
or decrease in the Operating Expenses hereunder, the Con1n1ctor and the City agree to
negotiate an increase or decrease in the contracted amount of compensation.
I 0. AJs ignmcnt : First Transit shall not assign its performanc• uf this contract without the prior
written consent of the City. Any anempt by the contracto r t~ assign any performance of this
contract without such consent shall be null and void.
11 . Subje ct to Annu al Appropria tion: Any provision of this agreement or its attachments
which impose upon Grantee. di rectly or indi rectly, any financial obligation whatsoever to
be performed or which may be performed in any fiscal year subsequent to the year of
execution of this agreement is expressly made contingent upon and subject to funds for
such financial obligation be appropriated, budgeted and otherwise made available.
12. Verification or Co mplian ce with C.R.S. 8-17.5-101 E LS~. Regarding lllegal Al iens:
(a) Empl oyees, Contract ors and Subc on1racto rs: Contractor shall not knowingly
employ or contract with an illegal alien to perform wor k under this ContracL Contractor
shall not contract with a subcontractor that (i) knowingly employs or contracts with an
illegal alien to p.rform work under this Contract or (ii) fails to certify to the Contractor that
the subcontractor will not knowingly employ or contract with an ill~gal alien to perform
work under this Contract. [CRS 8-l 7.5-l02(2)(a)(l) & (11).J
(b) Ve rification: Contractor has verified or attempted to verify through participation
in the "basic pi lot prngramfl (authori7.ed by P.L.204 of 104th Congress and amended by
P.L.156 of 108111 Congicss) that Contractor docs not employ any illegal aliens. And, if not
accepted into the ·'basic pilot progrwn ~ prior to entering into this Contraet, Contractor
further verifies, Contractor will apply to participate in the "basic pilot program fl every three
months until Contractor is accepted or this Contract is completed. whichever is earlier.
[CRS 8-l7.5-l02(2)(b)(l).J
(c) Limitation regarding th e "Bu ie Pilot Program : Contractor shal l not use basic
pilot program procedures to undertake pre-employment screening of job applicants while
performing this Contract. [CRS 8-17 .5-102(2)(b)(ll),I
Page 2 of4
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(d) Du ty to Terminate a Subco nt r-.ic t: If Contractor obtains actual knowledge that a suhc:ontructo r performing work under this Contmct knowingly employs or conLracts with an illcsal alien. the Contractor shall : (I) Noti fy the subcontractor and. the City within three days that the Contractor has acmal knowk-dgc that the subcontractor is employing or contrdcting with an illegal alien: and (2) Terminate the subcontract with the subcontractor if, within thrc, ~~\S of receiving notice that the Contractor has acmal knowledge that the •ubcontroctor is
employing or contracting with an illegal •l,rn. the subcontrr•· , ue , 1·,,1 smp
employing or contracting with the illegal alien. [CRS 8-17 .J••''"~~ >(r ,!l)(A) &
(B).]
(3) Esception: If the subcontractor provides information to esta~l ish that the
subcontractor has not knowingly employed or contracled with an illegal alien and
the subcontractor stops employing or contracting with the .. legal alien .
(e) Duty to Comply with State Inves tigation: Co ntractor shall comply with any
reasonable request of the Col orado Department of Labor and Employment made in the
course of an investigation pursuant lo C.R.S. 8-17.5-102 (5). [CRS 8-l 7.5-102(2)(b)(IV).J
IN WI rNESS WHEREOF, the parties h.ave duly executed this Agreement, elTective the
day and dat: first above wriucn .
FIRST TRANSIT, INC
By:~f/171.f."
Susan K Spry, Arca 7e~dcnt
STA TE OF COLORADO
-:OUNTYOF /iRA i'(.:)H Or:
)
)ss.
)
The foregoing instrument was acknowledged before me this U'Tiiy of 1-J 0 ../.
Sv641< K Sl','I.Y
Pagc]of4
, 2007, by
C'ITY OF ENGLEWOOD, COLORADO • By: ________ _ Jnmes K . Woodward, Mayor
Loucnslua A. Ellis, City Clerk
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COUNCIL COMMUNICATION Date : Agenda Item: Subject: March 3. W08 9c ii 10.\'ard Dump Truck Purchase Initiated By: Staff Source:
l/E WWTP Supel\ isory Commiuee Stewart H. Fonda, Utilities Director
Jim Tallent, Operations Division Manager
COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION
Council appro\ ed the capital replacement o( one, ten-yard dump truck in the ~:X,8 budget
RECOMMENDED ACTION
The Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) Supervisory Committee
recommends Council approve, by Motion, th~ purchase of one, new te n-yard dump truck from
Transwest Trucks, Inc. In the amount of 581 ,016 .
BACKGROUND, ANALYSIS, ANO ALnRNATIYES IDENTIFIED
Ten-yard dump trucks are used to transport grit and debris remo-ed from the l/E WWTP
waste\, ater influent now. This mate rial is taken to landfill for disposal. These units ocr .. ~ionally
serve In beneficial use, plant maintenance, plant ope rations, and grounds-keeping capaciti es. This
purchase Is being recommended to replace units according to cu rrent vehicle condition, age and
replacement schedu le.
This unit Is av~ilable on the City of Englewood bid a\\ ard, IBF-07· 105 through the State bid process
The recommended unit bid was reviewed by the L/E WWTP Operations Manager and the City 01
Englewood Fleet Administrator and found technically acceptable.
FINANCIAL IMPACT
The cost o( this expendi ture will be shared 50/50 by the Citi es of Englewood ,1nd Littleton. The
recommended vehicle is below the bucigeted amount.
UST OF ATTACHMENTS
Capital Outlay Request
Bid Documen tation
• Recommendation for Purchase
• OPERA TING CAP IT AL OUTL AY REQ UES T Dcpartmcm : UE 1\1\VfP I Fund/Dil'ision: 90-1704-6140 I Dcscrip1ion of cquipmcm or objcc1 expcndi1urc : 10 )'ard dump 1ruck (Mu st be more than SS00 and less than SS,000) Explannlion of necess ity or bcncfils of 1h is cxpcndilure : Dump !ru ck is used In haul gril and rags 10 landfill di sposa l . scheduled rcplaccmcn1 of uni1 #8469
To1al coSIS of pl acing equipmenl
in full opera1ion :
Es1ima1cd CoSIS Uni1 Cos! Total Cost
Purchase Price 90 .000 90 .000
lnslallation
Total 90 .000 90,000
Less Trade-In
Total Net Cost
Annual Ooeratin~ Cos t
Total Firs1 Yedr Cost 90.000 90.000
Is 1his ex penditure necessary because of incrcas,d perso nnel ?
No
• Recommendation for equipmenl displaced :
Auction
Approximate da1c of purchase :
Summcr2008
Lisi and describe similar equipme nl in department
2 similar units are currently in operalion
Purcha si ng Agent's Commenls:
City Manager's Review : Approved: __ No1 Approved : __
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PrtPAred for , Mtk.tMo~, State ol Colooooo ,no Pol;ic.t St.tbdt'IIIOn1 4201 E A,unu1 Oenve, co 80222 Pliant J03-7S7 ,t7H Prtp•rao by : KevtnWr19ht TRANSWEST TRUCKS 7625 BRIGHTON RD COM'-'E RCE CITY CO !0022 """"' J03-JOt-7•1f QUOTAT I ON tl 106 CO VENTJO AL CU
SET BA CK AXLE· TRUCK
CUM ISC-300300 IIPlff\2000 RP I. 2200GOV,
860 LO'f"T 1300 RP 1
ALLISON 3000 RO i\UTOMA nc
TRANSM IS 10 WITH PTO PROV! 'ION
RT-40-145 40.000# R-SERIE. Ti\NOCM REAR
AXLE
TUFTRAC 40,000# 2-STAGE Rf:AR PRING
SUSPENSION
Appblloo Vert loo e • • t ◄
0 111 Version PRL ·72C .007
Englewood ~ tandem dump
AF-14 7-3 14,700.V FFI 71 5 KPl/3 N DROP
SINGLE FRONT AXLE
14 ,600,TAPERLEAF FRO T SUSPENSION
106" BBC Fl.AT ROOF ALUMINUM
CONVENTIONAL CAB
39SOMM (I 56") WHEEL BA ~E
I 1132"Xl-1/2"X 10-3116" ST EEL FRAM E
(8. 7JMMX2SB .8MMI.J44 "X 10.19 '·)
120KSI
1600MM (63") REAR FRAME OVERIIANO
PER UNIT TOl'AL
01/1811008 1 67 PM
Page 17 ol It
Prep;ued tor. Ml!.e Mocre Sla!e cl Calo<.odo ... Pol<al s-•201 EM11nn1 Denver, CO 80222 Phone 30J-757-97W8 l"Eli lCLE PRICE EXTENDED WARRAlsn' DEALER INSTALLED
OPTIONS
CUSTOM ER PRI CE OF.FO RE
TAX
TAXES AND FEES
FEDERAL EXC ISE TAX <FF.Tl
TAXES AND FEES
OTMER CIIARGES
TRADE-IN
TRA DE-IN A L LOll"A.\'CE
BALANCE DUE
COM>,IENfS
TOTA L# OF UN ITS (I)
!LOCAL CURRENCY)
s s s
$
$
s
$
$
Prepared by· Ke•11n w,Igh1 TP.ANSWEST TRUCKS 7626 BRKiHTON RO CDIN.1ERC E t;ITY CO 90022 Phone 303-301-7418 69.210 s 69.110 0 s 0 12.100 s 12.100
BIJ/0 s B/,J/0
(29-10) s (29-l .tl)
0 s 0
0 s 0
(OJ ~ (0)
81 ,016 81,0lf
Projected deh,eryon_/ _/ _ p<o,tded the a<deris receilledbefore_/ _/ _
APPROVAL·
Please tndicale your accept.nee of It-us quotallon by slgnlng below:
Customer; X
At>platlon v,,. ... 6 • 41'
Dall Vers-,n PRL-72C 007
Englewood 08 11ridem dump
Dale ---
,-....;;,!iii!ii;..;;;;:-'• (04/@UdkMI) 01/lll/2008 I 57 PM
Page IS.I 1a
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LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT -•--a... Eng11wooa, c:oto,10010110 ""3)16>--FAX1Q-2'20 lltE!l!ORANDUM
TO: Dennis S1owc. Plan1 l\fanager
Cityof Littleton
FROM : Jim Tallent Opcraiions Division lllanogcr
DA TE: Februal) 22. 2008
1~ "-; City of (' ( Englewood \. ..............
SU BJECT: Recommendation for Purchase of one 10-Yard Dump Truck
Ten-yard dump lrUcLs are used to tr:mspon gri1 nnd debris rcmo\'cd from 1hc L/E WWTI'
innuenl was1e1101cr Oow. One unil is scheduled for replacement in '.!008 and 11as hudgeted and
approved in 1hc 2008 budget process .
This unit is a,11ilablc on the City of Englewood bid award. IBF-07• 105. The recommended unit
was reviewed by myself and Pol White, Fleet ,,dministrotor and found technically acceptable.
Based on this bid and technica l re, iew. I recommend purchase of one 1cn )Ord dump truck from
Tronswcsl Trucks. Inc. in the nm uni of $81.016.00 .
Please charge this purchase lo account number 90-1704-61~01 for the IJE WWTP .
JFT:cg
Cc Pal While. Fleet At:minis1rn1or
Don Clarke. Purchasing Administrnw
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ORDINANCE NO. SERIF.S OF 1008 COUNCIL BILI. NO . 7 INTRODUCE BY COUXCIL MEMBER ~100RI
AN ORDINANCE AMENDING TITLE 16, CHAPTERS S, 6 AND 11, OF THE UNIFIED
DEVELOPMENT CODE OF THE ENGLEWOOD MUNJCIPAL CODE 2000, PERTAINING TO
HOTELS ANO EXTENDED STAY HOTELS IN THE 1-1 ZONE DISTRICT.
WHEREAS, early in 20071he Englewood City Council nu1honzcd n study of the market
potential for looging sc"·iccs in Englewood: and
\\1ffREAS, the analysis ind1ca1ed that there is market demand for lodging in Englewood: and
WHEREAS. lhcre 1s not cum,ntly a supply of modern, brand name. mains1rcam ho1el rooms in
Engle>1ood: and
WHEREAS. the study identified the po1cn1ial demand for hole! facili1ies, sugges1ed 1hrec
loca1ions in En11lewood ""here the market nught suppon holds along Highway 285 between Sama
Fe and B ,dwny with secondary arcns where ho1els migh1 locale included along Sanla Fe Dnve or
Broadwa. n:w Highway 285 and light rail stations: and
WHEREAS, City stofT n:viewed City land use ,iula1ions for ho1cls and found 1ha1 when
Englewood rcvi~ed land use regul01ions governing lodging in 2004, hotels were 111cluded in the
MU-B-2 District. and Highway Conuncrcial Zone but omincd from the lndus1rinl Zones: nnd
WHEREAS, currently, hotels arc no1 perrnmcd land uses along mosl ofH1ghwa,· 285 or Sama
Fe Drive in Englewood nor are 1hey pcnniucd on Brondwny withi n a block of 11,ghway 285, thus
hotels arc n01 currcn1ly pcnnined in locations where the m:irkct would suppon them: and
WHEREAS, 1hc Englewood Planning and Zoning Comnussion recommended npprovnl of1his
amcndmcn1 at its Janunry 23. 2008 meeting:
NOW, Tl IEREFORE. BE IT ORDAfNED BY THE CITY COUNCIL OF Tl IE CITY OF
ENGLEWOOD. COLORADO, AS FOLLOWS
~-11,e City Council of the Cny of Englewood, Colomdo hercb) nuthori,.es 1he
amendment ofTitlc 16. Chapter 5. Section I. Suhsec tion C, Table 1.1, •·Tab le of Allowed Uses··. ol
1hc Englewood Municipal Code 1000 aud 1he Clla'Clmen1 of 1he nc\l provisions 10 read as folio" s:
1
11 bi
C. Table oj Allo,..ed U.<es. TABLE INSET: TABLE lo-S::1.1: TABLE OF ALLOWED US.ES ------~---~-P • PERMITTED USE C • CONDITIONAi. USE A ~ ACCESSOR Y USE T• TEMPORAR Y USE L.-LIM ITED USE C-A • ACCESSORY USE APPROVED CONDITIONALLY L-A ~ ACCESSORY USl: A PPROVED WITH LIM ITE D USE PROCEDURE R csidcntiaJ--Nonresidential ~ -Use Category Use T ype M U MU Additional R R !~ ~ ,R-M U ,MU f; .-Rcgulat.ions I 1 2 R .R ,B • B s I 3 3 I 2 A B A B A B I 2 A
R ESIDE NTIAL USES
G r o up livin g facilily, C C p r 16-5-2.1\.1 large/spt,c lal
Group L.hiio g G roup livin g facility, s mall r r p p p p p p p p 16-5-2.A.I
S mall t r .. tment center C C p p 16-5-2.A.I
llousebold l..h ing Llve/'°"otk dv.·e Uiog p p L ,. 16-5-2.1\.2
l\1aouf1 c1ure d ho m e park r 16-5-2.i\.J
M uJti-unil dwelling
p p p p p p 16-~2.,\.4
-
O n ,..unll a tt ached d welling p p r p r r
O ne-unic det n bcd dwdliag
p p p p p p p 16-5-2.A.5
2 • • •
-One-unit d ola<hcd dwelling p p f ? I n o n• .s ma.U l ot I p p I r p Two-unil d..-elling I p p p 16-5-2.A.6 P UBLIC/INSTITUTIO NAL USES Anima l S ho ller Nol-for-pro fit a nimal sheller r I' Em e '1',e ncy T emporary Sh cltor Ho using s heller, food s heller I C C
All other buildings and
Go\er o m ent a nd Cily fadlitics no t spedfied unde r p p p r p p p p p p p p
the Publk /lusliluliooa l Uses
utegory
Libruy Public p p p
Musc um/Culrur■I All use s p p p p p
Alhletk field C C C C C C C C
p p
P ark a nd Open Spa« Commuolly garden C C C C C C C C
Park
p p p p p p p p p p r r
R elig iol!S Allcmbty Religious irulllutiu os and r p p p p p p L I.
a bor'ated actasory u.ses I, I. I,
S ctool f".-d uc■t.ioo ins-Utu1io11
p p •' p p r p p p C
Tel,communicalion Facility I p r p p p p p
{S~e CIIJlpu·r I 6-7. j AJte.ro,tivt: to~u SC"rut fllrc p p p p p
u Telt!t:om,nunicat/on..1t". "for . ._._, . -... . .
and s ta.nd•rtbJ fmkTG 'l\a,·e a■tC'RDL Sff'II red pattd antuuaa. "hip ,____ teau) To"er strutturr C C C C C C C C C C p r RTD mainlenan.ce faci.lity I' I' Trans portation t"■cilin Tranj:il ce.nfrr p Major utility facilily p I' 16-S-2.tt. I Uilll) Facility (aot iatludin~
Tclrcommwaication facm1,) Minor utility facility (u a C C C C C C C
principal use o f IJmd) C C C C C
COMi'IIERCIAL USES
Aduh Use A ll 1)-pes as defined in I'
p
16-5-2.C.I C bapler 16-11
Grtenbouse/oursery, rais ing p I' Agricultural Use of plants. Dowe.rs, or nuncry 16-5-2.C'.2
s lock
Animal <heller p p
Kt nnd/da)' can L I' I'
Animal Sales a.od Se.n ice
Pe l •lore Oh·c utimaJ saJe) p p p p :
S 01aU animal veterinary L p C
p p
ho:1 pital or clinic
Assembly baU or audilorium,
I p
r I' Assembly hall renta l for meetings or p C
soci■I occasions
• 4 • •
I M e mbership organization p p r p (u<ludi11g adult u.n) C' l)e pendcol Care De pendent earc eenter(less C C C C C r p p p C 16-!'-1.C'.7 111111 24-hour care, any age) Amuse.me.al ntablisbmcat C' C C C C Physical fitnHs cenler/,pa p p p p p 1-~nt crt ■inme.ot/ A mustmtnt: I ndoor Tbcatcr and pcrformante/tooctr1 ,·e.nu~ p p p I' p
1101 including adull
l'Dtl'rta.ia.me.nt
Entt nain.meot/ Amusem ent: General outdoor r«rc:ation C C C
Outdoor
C h ock eashio,t fuility p p p
Fin an d 1I Institutio n f "ioaoci•I ins titutio n, with I. r r
drive-through service
Fina_nc::il iostituUo~ witho ut p r I'
p p
drfrc--tbro u g h service
F ood a nd Bcvera11• Scniee ere .. lJUb p r p p p
Cate re r r p r
lllicrobre¥1 ery p r p
Restaurant, bar, ta,·ero with p p
o r wi thout outdoor r r r
o pe.rations
Restaurant,. "itb driv~ I, p p lhrougb scnice Toke oul aad delivery only p p O .in.ic p p p p p lltallb lrealm<al f1dlity p p p Medlul/Srienliflc Service llospilll p p r p
).abor11ory(de nl1l, medical p p p p p p
0 1 optical)
1 ffice, type I (1:enerll) p p p p p
O ffi ce
lffitt, type ~ (lintiled) p p p p p p r I I>-,.C.8
Ht11 il S ales and C re.matorium C
Scnice(P enon1I Service)
Ory cleaner , drop-off s ite p p p p p
o nl)
lo.struc:tiooat s e.nric:c p p p r
l\la.s:sage lhtra py p r p I' I'
Mortuary p
Pcnonll cue p p p p p
.. n -n n n -
• 6 • •
-and photo lab, upbolJlery, prlncer, l«ksmitb, c.■ilor Tatcoo utd body-pierciaJ: p p esc■bl b bm eat T•mporary •mployment C C 16-5-2.C. I I bu,in us Equlpmoal rental L p p Recoil Sales and Mnice (R •p•ir and Ruta!) R epair •bop (not including a uto) p p p p p
Rellil Sal es a nd Service (Sales) Anllque st o r e p p "
p p
Art gallery p p r p p
Auctio n hou .. n p p p
Ouy--back shop, st.-=c-ond ha.nd .. r p p
thrift, coo s igom~ot
Conv~nie.oce store p p p p
Groctry/spcci■lty food >lor e p p p p p
Ince.m et S ales Location p p p
Liquor store p p p p p
Pawnbroker p p p
16-5-2.C. I 0 .
ForTSA. I' ;r <= 20.000 Rt11U sales. g•nenl P/C p p s,,. fl., m•rch1ndis, p I' C If > 20,000 s,1, re. of ,:ro<> le■sablr Ooor Hr tH S<hool Trad• or busin•n school p p C p p 16-5-2.C.12 Scudio Rldlolc•l.-'i<ion broodcatting p p p studio, recording/r.tJm studJo
Vchi<le ond E quipmtnl Aucon,obile pawnbrok<r r p p
16-5-2,C. I 0
A ~ ..,:Ye s al~ re:nlal L p p
16-5-2.C.J -· Aulom r,ch·e s ir.nice and
repair, lnduding body or
p p
fendtrwork
Auloruotive service and p r rtpolr, no l l n r ludiog body or I. 16-5-2.C.4
f r odt'.rwork
A utomoth·e servke statioo L. r p
16-5-1.C.S
(RUOline facility)
C ar wub, auto d•C•iling I, L. L 16-S-2.C.6:
16-5-2.C.4
Commercial storage of p r l f>-5-2.C.J
op,rabl• nbides
Fu•I WSJl"Ming L
p r
-.. r -. r n n i ..... ,.. ..,, -
8 • • •
(o~nible vth lcles),prindpal u se Parklnit area, s u rfa«<(o~rable C C' L C p p 16-~2.C'.•1; vebldcs),prind p•I u se -16-~2.t".J R ctrHliooal ,·cbldN and r r bo ats, ,airs o r rt ot•l I. Bed aod brHkfl>I p Vbllor A«ommodallon H a iti p p £
---
HaU~I t·11s1Hlal ~IIX g,
Wbolcs,le Sales aod d lmihullon r r
M ANU t"ACTURI NC/IND USTRIAL ISE', -
Industrial service, lig ht C r r 16-5-2.11 . .)
h1duslria l Servi«
("TS1\ on l))
I ndus t rial s ervice, hea ry
p
l\lanufa,•curin~, Including l\lanuf.cl"uring, llg bl C p r 16-5-2.0 .~
Proctt.SIDRt !-"•bncatlon. or
(TSA onl)')
Anembly L\l ■nuf■eh,rl og, be ■vy p
W■rcbou ,e/S l onigc •'uel slonigc I , L
111ini-slo nige fuiU1y L r
n
0
O uldoor si orage L p Slorage yard for vehk les. L p equ ipm ent. mat e ri■l't aodfor 16-5-2.l>.b ~u pplia \Varcbo us ing a nd /o r 1t o raic L p -A ulom o bile .-Tecl<i ng/ U h 'ag• C p 11>-!-•2.II. I yord
'-'---
CoDl me.rtial ioc.i n en tor C
ll uardou s wasl e b ood ling C C 16-5-2.ll.2
R~c-ydini open•'!.,o , aU p r
\\lascc/Sah ·a ge p~-cssing ,;:.._curs w ithin 1(>.5-2.1).!-
entlo.sed structure
Recyclin g o peration, 1on1 t or C C all p r oc,essl ng IK'<u r s o ulside 16-5-2.11.S
a n t.oclosed .,.,true.turf'
Sanitary Hn;,:e C
W as l< t ransfer statioD(o o t C C
l n d uding bauntous waste)
ACCESSOR Y USF..S -Stt Sc<tion 16-5-4 for additional reg1d atlons
H ome Care Aceessory uses (.. A A A A (Accessoc')' t o Principal One-Ad ulr d epende nt car e A A A
Unit llwelllng Uses O nly)
-.. -. .
• 1G • •
A C-A A A A Infant/t oddler h o m e A A A 1.,-l,-1,-l,-Large chi.Id care home A A A A Caretaker's quarter A A A A
Dormitory A -~ A
llome oc,tupation A A A A A A A l l>-S-4.C.I
Minor utility fatility (as 1.,-1,-l,-1.,-l,-L-1.,-1.,-•~ L -1.,-l,-
a«Hsory un of laud) A A A A A A A A A A A A 16-5-2.11.1
Other Accessory Usrs
Parking aru (surface) A A A A A A A A 16-5-1.C.!
Park.in1t garai:e A
Satellite dis h antenna A A A A A A A " A A A A 16-5-4.C.J
Sentf.ce units o .r fac:jUly A A 16-S-4.C~
S wimmiDg pool A A A A A A A A A A A A 16-5-4.C.5
TEMPORARY USES -Stt Se<-t ioo 16-5-5 for additional regul•tioos
Car "ash T T T T T T T T T T T T
Expans ion o r re placemen t or T T T T T T T T T T T e,;isti n g fadli cics f a rmers m arket T T T T T Food \"c nd o r C arts T T T T r Mobile stonite (with o r T T T T T T T T T T T T witho ut b uild ing P"nnit ) Real est a t e sal es o r leasing T T T T T T T T 1· T T T office (a lso model homes)
O utdoor Safos (e.g •• tent s;iles,
parking lo l s a les~ se■sonaJ T T s a les, w in d.shield rep air, sales T T T
fro m r-c:t■iJ "'c ndor t.arts, e.tc.)
Spttia.l ••·•n• (e.g., car nival, T T T T T T T T T T T T
ba.zaar, f a ir)
T ents~ canopic$ T T T T T T T T T T T T
USES NOT Stt 16-S-J .B for pr~cdu ,.,. and c riteria. fo r appro,in g unlis lcd us ... including unfotcd arccssory a n d r,u,ponr y
M ENTIONED u ses.
• 12 • •
• ~ The Cu\ ( ounc,I oflhc Cuy of En~le•.,·O!'d. Colorado hc-reb) au1hon1cs 1hc amendmc111 of Tnle 16. Chaprrr 6. Scc1io11 4, Subscc1ion F-1. Table 4.1. "Minunum OfT-S1rcc1 Vehicle Parkmg Rcquircn~ms'·. of1he Englewood Munic1p:1I Code 2000 and 1he cnactmcn, of 1he new prO\ 1 ,on 10 read u follows :
•
•
I~: Off-rrttl Parking 1nd Lo■diog R,qulrem.-nr . F. Off-Stre,•t l'cluclc Parking R,·q111Mnr111s 011d Dt.•sign.
Amount ofOfT-S1rtt1 Vehicle Parking (Table lb-6-1.1). Tab le 16-6-4 .1 below seu fonh 1hc
minimum required amoum of off-trcct \'chicle parkin spaces . In lieu of omplying wilh 1hcsc
standards, an applicnn1 may requcs1 approval of an ahcmative parking plan. under Section 16-
6--U EMC,• Ahcrnativc Parking Plans."
TAJ3LE 1 SET :
l3
r H idcnti1I complex (3S units, plus one gutst s pice pcr«nl o r more of fo r each S units 10 1al units r eserved ror persons 60 years and older) Two-unil ■-nd multi-(1) S uch parking shall be designated unit dwtllln11: I .S ~paces per ea ch ind identified 1s parking for the Efficit.ncy, 1-or l-dwelling. occupants of the building only. (2) bedroom uuit G uests or Visitor Parking for buildings with 5 or m or e dwclUng units: I space
T"o-unl t and m ultl-2 sp aces ptr each d welling
for eacb S Wlits. S uch p arkini: shill be
unit dwclliD g:3-or designated aod identified a s temporary
m o re bedroom unit u.lUt. parking for the use or guests or visitors
or the occupants o f the building only.
PUBLIC/INSTITUTIONAL USE:S
Re ligious ru .. m bly
I s pact for each 3 seaU o r
every 6 feet of bench
All lcugtb in the main
assembly area o r
auditorium
Sdiooi
Education instilUliou • I space fo r each classroom
clem cnrary and administnth·c office
Educ,■t.ioo institudoo • An area equal lo 1/2 lhe
secondary gross floor area in t he
s tructure
Public BuildiDgs
15
• ~ The City Council of the Cny o f Englewood. Colorado hcreb) authonn:,; the
•
•
amendment of Title 16, Chapter 6, Section 4, Subsection F-1, Tnble 4.1, "Minimum ()ff.Stree1 \'chicle Parking Requirements", of the Engll:"ood Municipal Code 2000 and the c:nae1men1 of the new pro\'1sions to read as follows : 16-6-4 : Off-Strttl Parking and Loading Requi rements. F. Off-Sm,et Vehicle Parking Requircmem.< nr,d De.1ig,1.
I. Amounl of Off-Street Vehicle Pnrking (Table 16-6-4 .1). Table 16-6-4.1 below se1s fonh the
minimum required amount of off-street \'chicle parking spaces. In lieu of complying with these
standards, an applicant may request approval of nn alternative parking plan. under Section 16-
6-4.1 EMC. "Alternative Parking Plans.•
TABLE INSET:
l3
TABLE 16-6-4.1: MJNIMIJM OFF-STREETVeHJClEPARKJNG REQUIREMENTS --Use -Off-Stm:1 Vehicl e --Additional Requirements ---Parking S1andru-d RESIDENTIAL usi,;s Group Living Dormitory, fratcr,oity, I parking space per lwo
sorority beds
I parking s pace per 3
G r oup living fa d lil). resideol bc,d,, plus I
large/special or smaU puking space for cacb 3
employees
I parking s pace per 4
Nursing home resident beds plus I
parking s pace for each 3
employees
Room ing a nd I spate for each guest bed.
in additio n to tbe ool'-unit boardinghouse dwc~l ling nquire.ment
Senior dtiun .75 parking spacn per
nside.ntiaJ complex unit p l us oat gutsl space
for eac.b S uait.s
l:l ousehold Living
One-unjt, det.ached or 2 ,pacts per each dwtlllog
a ttached dwe lling unit
Senior citizen I space per 2 dwelling
• 14 • •
r esidential complu (3S units, plus o ne gu est space percent or more of (or c■c.b S u nits to t a l unils res.n·e d for persom 60 years and older) Two-uJlit and ruulll-(I ) S uch parking shall be designated unit dwdling: 1.S s paces per eaeb and ide ntified as parking for lhe Elrociency, 1-or 2-dwelllug. o«upants or the building oaly. (2) bedroom unit G u ests or Visitor Parking for buildings with S or m or e dwdllng uJlits: I s pac•
Two-unit and muJti-2 s paces pu uc.h dwellinll
fo r each 5 units. Sucll parking s hall be
unil d welling:3-or designated and idenllfied as te m porary
m o re bedroom uni, unit. parking for the uJc of guests o r vi,itors
or the occupants o f the building only.
PUOLICIINSTffl/TIONAt. US ES
Religious Assembly
I sp■te for eac h 3 scats or
enry 6 feel of benc h
All length in the main
a.sse.mbly ■rea or
auditorium
School
Education institutio n -I s pac_e f or e ac_b class r oom
elcmtntary aud administrative office
Education ios t:itution -An aru equal to 1/2 the
seeoadary gross Door area lo the
structure
P,·~lic Buildings
15
An a .re• equal t o m t he A ll g r o ss n oor a r e a in the s trudure C O MME RCIAL USES A.<sembly Ass<.mbly ball or audilo r i um., haU rental 1 s p a ce for ach J sca ts fo r m tttiap o r sod.al oc:.casio os
Eo t,..rt:a.i.nm cot/ Amusement : I n door
A m usement f aciJhies,
convention f adlitir s,
da.n c t baUs, I s pace for ea ch 3 seals
gymn as iums. t b u l ers ..
skatin g rin ks
4 s pacn per l■oc, plus I
Bowling alley addi1ional s p ac.e for f':. ~b 2
e mployees
Food a nd Beverage S ervice
R esra u_rao t., bar, 1 s p.a.re per each 60 s q u a r e tavern, "'itb o r ";cbo ut rcet o f g r oss floor area ou tdoor operation s
l\ledkal/Sdcotific Se.rvice
I s pace ror eac h 2 p a tient
llos pilal beds, p l us I sp■ce ror e■c.b
2 e mployen
o m«
• 16 • •
• All Retail a1.,. and Senice All
Vehide and Equipment
Automotive Hies.,
rental;
Automobile
pawnbroker
I pace per eath 00 squan r«c nder 7.500 quare reer: an area equal to 112 of the gro lloor ar""; 7.500 quue reet g floor area aod above: an area equal to lhe i:ros• Oooraru.
I spate for each 2
employees at mulmum
~mploymcnt oo I Ingle
<hlfl, plu 2 spaces for
each 300 quare fett or
1lel/offict'!, repair, or
mainfenancc spat'e.
• appllahle. plus adc,qu paces as per ttlioo 16-
17
•fllt g helo •
,~isitor Accommocb:lion Hotel,;
aod/or
manufadurlog
Warchottle/Slorage
lini-)torage
facility
Wholesale
business
•
I pace for uch j\U I room, plus I addillonal pace for c,ad, 2 e mployttS. Parking for conn,nfon faciliri and dla.inj\ area in the hotel baU conform wilh the requlremen <I forth -Kit.b..in.
• n 1rea equal to 1/4 the gro
noor area occupied by the u e in a
trurtun
u comer parking hall be
pro,ided 91 lhe manager's office
cakulated on the bail or one
space for each six thousand
(6,0IHJ) quart feel of noor area
and opco 1oraJ:_c, or one space for
each one hundred (100) toraae
uniU or s p ■c e , whkhcvcr I
greater.
Plus, 2 additlonal parklnit 1pac
for miployees sball be provided at
the manager' om«.
o area equal lo 1/4 of the gro
noor area of tbe ructure or
structures.
A marked loading lane shall be
provided adjacent to lbe exterior of
aoy struclltre in which storage unil
are localed and where such units hne
direct access lo the euerior of the
structure. Such loading lane shall be
dearly marked for the enlu ive use of
the lessees of said storage unit and
ball not be u ed for the temporary or
permanent lorage of any item.
Loading lanes shall be a minimum of
nine fttl (9') in width.
18 • •
• Warehousing and/or storage An area equal 10 114 of 1hr gross floor •~ or the s rructure-or s tructures. • •
19
Section 3. Tiie City Counctl of the City of Englewood . Colorado hereby au1hori7,es the amendme nt of Ti tle 16. Chap ter 11, Section I. Subscctio<l F( 18). ·•Visitor Accommodation"', of the Englewood Municipal Code 1000 and the enac1tncnt ~fthc new provisions 10 read as follows : 16-11-1: Use Classifications F. Commercial Use.<.
18. Visi tor Accommodation .
a. Clra racrerisrics. Visitor-serving facilities that provide temporary lodging in
guest rooms or guest units , for compensation , and with an average length of stay
of less than thiny (30) days. Accessory uses may include poolr and other
recreational facilities for the exc lus ive use of guests, li mi ted storage, res taurants ,
bars, meeting fa cilities. and offices.
b. Specific Usr Types. Tiiis category includes the following use types :
(I) Bed and Breakfast. A commercia l establishment 0peroted in an owner-
occup ied. sing le -family detached dwe llin g unit, or portion thereof
(i ncl udi ng an accessory buil ding), lhat provides short -t erm visito r lodging
(generally stays of thiny (30) days or less), wit h or without the service of a
morning meal only, nnd where the operator lives on the premises . No mote
than six (6) guests may be accommodated at any one time .
(2) Ho tel. A building containing gues1 rooms in which lodging is provided
with or without meals for compensation , which is ope n primarily to
transient guests. but may incl ud e a limited number of permanent guests,
and where no provision is made for cooking in any guest room .
Ul tl 01sl E,uended s1av .
A soecific tYPe ofvisirnr accommodation use A building cou1aioio¥ guest
room§ in which lodgin g is nmvided io which access to guest rooms is
orimarilv lhrouvh lobbies courts or balls with or without meals for
co mnensation which is ooeo ncimarilv to trnosiem guests but max inc lude
a limited number ofoenrnmeot guests and whsrc nrovisions mav be made
for cooking in gy(st rooms See definition of·'Yisitor Accommodation··.
~tion 4. Th~ City Council of the City ofEnglewood, Co lorado he reby authorizes the
amendmen t of Titl e I~-Chapter 11, Section 2, "Definition of Words . Tenns and Phrases·•.
of the Englewood Municipal Code 2000 and the enactme nt of the new provisions to be
ins erted in alphabetica l order and to read as follows :
16-11-2 : Den111tioo of Words, Terms and Phrase s.
Hore/ £wended Smv: A soecific tYPS of visi1or pss;omroodetion use A buildin s containio s guest
rooms in which lodgin g is oroxided in which access 10 guest moms is orimndlv tbrou vb lohbiss❖
courts or hal ls with or without menls for com nensruion which is ooen orimarilv to mmsient
20
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•
•
i:u,'1,IJ,, ~u\ 1m1) m,;JuJc a hntt,'11 numb;:r 1,r pennan•nt i:uc:;11, .,nu "here r wll~•1•n, ma} he (ll,1dc fvr c~•kini: IO l,'UC'1,.I\X'ffi, s« 1kftn11iQfl(lf··'l:1,1!S!u\CC(,lffiOJ(1<!.111on" ~ ~ Safet, Clnuso. 1 nc Ci1y Council herebi finds. detennmes. and dedam 1h:11 1hu Ordinance is promul~ined under the general pohce power of 1hc C11y of Englcu,iod.1ha1111s ;,romulgn1cd for 1hr h,'llhh. safet)'. and welfare of1he puhhc. 3nd lllOI 1h1s Ordi11a11ce 1s nee~• for ~ie prt'>a'-alion l\f health and safet) and for 1he pro1ec11on <1f pubhc
con,emcncc nnd \\elf arc . The C1I) Council funhcr delcnnines 1h311he Ordin:inc<" bears a ra1ional
n:lnuon 10 1hc proper le,islall\e obJCCI sough110 be oblaincd.
~ Seyc;mb,111,, If nny clause. sentence, p.iragrnph. or pan of tlli. Ordmance or 1hc
apphca1ion 1hcrcof lo an:· person or c1rcu111s1ances shall for any rc:ason be adjudged by n coun of
compe1en1 iunsd1c1ion invahd. such judgmcn1 shall nm alTcci. impair or invalida1c 1hc rcmamdc1
of I his Ordinantc or hs nppllca1ion 10 oihcr persons or drcumsiances.
~ lnconsjstcnt Ordjnnnccs. All 01her Ordinances or poninns 1hcreof inco nsisien1 or
conflic1ing wilh 1hls Ordinnncc or nny ponio n hereof are hereby repea led 10 1he ex1en1 of such
inconsis1cncy or connic1.
~ E[cc1 of repeal or rnodi licn1ion. The repeal or mod ificmion of nny prov ision of1he
Code of1hc Cily of Eng lewood by this Ordinnncc sh311 1101 relense, cxlinguish, alter, modi fy. or
chnngc in whole nr 111 pnn nny pena lt y. forfeiture. or liabili•v. ei1 her civil or criminal, which shnll
hove been incurred under ~uch provision, nnd c.ich provision shall be 1rea1cd and ~cld as slill
remoining in force for the purposes of sus1aining any and all proper actions suits. prott.-cdings.
and prost.-cuuons for 1he enforcemc-n1 of1hc penally. forfc.1ure. or linbili1y. as well os for 1hc
purpose c,f suslnming any JUd1!111cn1, decree. or order which can or nllly be rendered. cnicrcd. or
made in such ncuons sui1s, proceedings, or prosecu1ions.
~ ~ Tbercnalt)·ProvisionofScc1ion 1-4-1 EMCshallapply1oc:achnnd
every \'iolauon of 1his Ordinance
Seru!m..lQ. P=n• Ill An1cle V. Section 40. of1lie Englewood Home Ruic Chaner. 1he Ci1y
Council hns dctemuncd 1h31 1t11s Ord1nanc: shall not be published bec.,usc of 11s s1,e. A copy is
available in 1hc Office of 1hc: En{llccwood Ci1y Clerlt.
lniroduccd. read m full. and passed ,1n firSI reading on 1he ➔• ,fay of February. 2008 .
21
Published as n Oill for nn Ord inance on the 8th dny of Februnry. 200S . A Public I lcariny was held on Fcbrunry IQ". WOS. Read by title nnd passed on ftnal readtni; on the 3'" day of March. 2008 . Published by rnle as Ordinance No._. Series of 2008. on the 7th WI) ofMarch. 200h.
James K. Woodward. Moyor
ATTEST:
Loucnshia A. Ellis. City Clerk
I. Loucrishin A. Ellis. City Clerk of the City of Englewood. Colorado. hereby ccntfy that the
above and foregoi ng is a true copy of the Ordinance passed on fina l readi ng and published by title
as Ord inance No. _, Series of 2008.
Loucrishia A. Ellis
22
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ORDINANCE NO. SERIES OF !008 BY AUTIIORI rY COUNCIL DILL NC• 8 INTRODUCFD BY COUNCIL Mn I BER 01\KLI.:\' AN ORDINANCE APPROVING THE PURCHASE AND SALE OF COLORADO DEPARTMENT OF TRA,'/SPORT i\ TION (COOT) SURPLUS PROPERTIES LOC' ATED
ALONG SOUTH SANT A FE BY THE CITY OF ENGLEWOOD. COLORADO FOR
THE PROPOSED DEVELOPMENT OF A HOTEL.
WHEREAS. 1hc Colorado Oepanmenl orTransponauon (COOT) has surplus property
8\'Ailablc adjacc111 to lhc Highway SS1Sou1h Santo Fe Rigln-of,Way, 3301 South Sama Fe
Drh'c. which is only O\'ailablc lo other local go\'cmrnen1s pursuant lo a Right of Fir>l
Refusal : 1111d
WHEREAS. 1hc de,elopment company-Value Place Real Es1ate Sen ices l.LC. or
such hotel franchisee as Value Pince may designalc ,n 1he fu1ure, wishes 10 purchase 1he
surplus for 1he purpose of dc\'cloping a Value Place Hotel: and
WHEREAS. 1hc City is only acllng as a condu,1 for lhis transacuon and docs nOl "ish
10 incur any liabilily for being such a condui1: and
WHEREAS. the Cuy wil l purchase 1hc COOT propcny for $!36.500.00, and
inuncdiatcly sell lhe propcny lo Value Place Real Estale Seniccs LL(' for 1hc
de\'elopmem of1he Value Place Ho1cl for $236,500.00: aud
WHEREAS, lhcsc propcny exchanges w,11 con\'ey 10 the dc,•eloper only what lho Ci1y
receives from CDOT;
NOW, Tl1 ERE FORE, BE IT ORDAINED BY Tl IE CffY COUNCIL OF THE cn·v OF
ENGLEWOOD. COLORADO. AS FOLLOWS:
Section I. The Ci1y Cou ,c1l of 1hc Ci1y of Englewood, Colorado hereby appro,cs the
purchase and sale oftl1e property described in "IM11bi1 /\."
Scc1ion 2. The ~1.yor anJ lhe City Clerk nrc hereby nu1hori1.cd 10 sib'11 nnd ancsl n
Quit Clnim Deed fnr lhc sale of 1l>is property. in a fom1 as shown on "Exhibil a-·.
~-111c Chy Manager ur dcsigm·c is hereby au1hori.ied 10 ;ign 1hc C'lo,,ng
Oocwnen1s for lhc purchase nnd subse<juC!ll ;ale or 1his propcny.
l111roduccd. rc:id in full. nnd pMsc:d on lirst reading on 1hc 41h day ol'Februcry. 2008
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11 b ii
Published a, a Boll ror an Ord1Mnce on 1hc 8th da) of Fehruo'). 2CN)S. Read b)' mle and passed on final reading on 1he 3"' da) ofMarch.100S. Published b, mle as Ordinance 'lo._. Sene; of ~008. on 1he 7th da) of March. 200S .
ATTl:S1 . James K. Woodward, Mayor
Loucrishia A. Elli s, Ci1y Clerk
1. Loucrishia A. Ellis, Ci1y Clerk of the City orEnglewood, Colorado, hereby ccniry
1ha1 lhe above ond foregoing is o I rue copy of the Ordinonce passed on fina l rending and
published by tit le as Ordinance No._. Seri es o r 2008 .
Ell is Loucri shia A.
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EXHIBIT "A" PROJECT NUMBER: NH-FCU 085-2(51) IXFU 085·2(24) PARCEL NUMBER: SAR Rev. DATE: October 30, 2001 DESCRIPTION A remainder parcel of land No. SAR Rev. ol the Department of Transportation, State ol Colorado, containing 23,889 sq. It., more or less, in Lots 3, 4, 5 and that part of Lot 6, all in Block 1 of CARROLL ADDITION in the SEl/4 of the SEl/4 of
Section 33, Township 4 South, Range 68 We.st, of the Sixth Principal Meridian, in
Arapahoe County, Colorado, said remainder parcel of land being more
particularly descnbed as follows:
Commencing at lhe NW comer al the SEl/4 of the SE1/4 of said Section 33;
Thence S. 00° 13' 11· W., along the west nne of said SE 1/4 of the SE1/4, a
distance of 44.35 feet, more or less, to lhe TRUE POINT OF BEGINNING;
1. Thence S. 71° 35' 41" E., along the north property line, described in book
5902, page 1, recorded In the clerk and recorder's oHlce of Arapahoe
County, a distance of 287 .41 feel;
2. Thence N. 20° 16' 08" E .. a distance of 93.79 feet, to the north line of
Lot 3, Block 1 of Carroll addition;
3. Thence N. 71" 48' 42" W., along the north line of said Lot 3, a distance of
144.71 feet;
4. Thence N. B9° 20' os• W., a distance ol 167.56 leet, to lhe NW comer of
the SE 1/4 of the SE 1/4 of said section 33;
5. Thence S. 00° 13• 11· W., a distance ol 44.35 leel, more or less, to lhe
TRUE POINT OF BEGINNING.
The above described remainder parcel contains 23,889 square feet , more or
less.
BASIS OF BEARINGS: The astronoll'ic bearing of N B8° 00' 1 B" W. from
COOT control point "Platte• to COOT control point 11-285 was based on a solar
observation. Point "Platte is a 3 1 /4 • aluminum cap In grass "belt" 40' south of
Hampden Ave. and 500'+/· west or South Platte River Dr. west. CP 1-285 is a 3
1/4 aluminum cap 30' south of Hampden and 1425' west of point "Platte."
Prepared by and fo r the Colorado Department of Transportation
James D. Styron/ 303-757-9924
2000 S. Holly SI., Denver, CO 80222
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U«d I urm f.1hlh1 I H Q I ITCLAI\I orrn 1,u~ortorr-N1lh_~of _20 _ btt~rtn THt Otl'AATMF.:~,. or l'R.\ 'i~PURT ATIOS. n ATE or COLO RA PO ollht Clt) aod COUM) ofDnwtr and ~ll.lt o(C'l •kndo,i'llnlOl(s~ ond
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SU ATTACHED LEGAL O~SC'RIPTION FOR PARCEL • AnAOIE> llERETOASPAkT or EXHmrr·A",
SUiSJEC.,-TO :18) udllkl~•!'rircotd, IN loln)·andan e,U11111u1llitft1 u cons~d..and b uwlt~c
asncccn-,,.
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ri1:a:t.w o, rqllity, IO ltie aty ...,-we. tfflc:f'• llldlxhoof oP.e-p1n1ce(s) their lri11 and wisnt r«r1i-n •
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'>TATEOFCOLORAOO l Ctrf •Jtd , ...
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COUNCIL COM MUN ICATION Date: Agend a Item: Subjed: March3,2008 11 cl Resolution Setting Fees for, arious Liquor Licenses and Permits Initiated By: I Staff Source:
Financial Sen ices Department Frank Gryglew1cz, Director
COUNCIL COAL ANO PREVIO US COUNCIi ACTION
City Council has followed State Statutes to set fees for the issuance of the hquo, licenses and
permits. The fees ha, e not increased in over 20 years. Chy 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 liquor licenses and permits to be set by resolution. City Council approved Council Bill
on first reading at the February 19, 2008 meeting and Is slated to consider the Bill on final reading
March 3, 2008.
RECOMMENDED ACTION
City sta ff recommends City Council appro,e the attached Resolution increasing fees for the
issuance of liquor licenses and permits. Specifically this ac tion Increases the new license
application fees, the transfer of location or ownership lees, license renewal fees and special event
appfication fees. This change affects the En 6lewood Municipal Code 2000: 5-38-3, 5-38-5 , and 5·
3B-8.
BACKG ROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Senate Bill 07-149. effectl,e August O 1, 2007, was •a bill for an ac t concerning an i11<;rease In the
amount of fees local jurisdictions are permitted to charge for alcohol beverage related
applications," This bill raises the cap on application fees that are charged by a local government to
issue liquor licenses and permits.
The fees for a new license, the transfer of locat!on 0< ownership, and rene\\als will be in a
graduated timeframe while the special event permit fee would become effective in fu ll immediately.
The new fee schedule Is as follows:
New Licenses:
(A) On or before July l, 1008, six hundred and twenty-five dollars 1$625.00)
(BJ After July 1, 2008 and before July 2, 2009, se\en hundred and flfty dollars (S750.00)
(C) After (uly 1, 2009 and befo re July 2, 2010, eight hundred and seventy-five dollars ($875.00)
(DI After luly 2. 2010. one thousand dollars (Sl.000.001
Trans1er 01 Location or Q\,nershop: IA) On or be/ore Juli I. 2008, s,,. hundred and l\\enr,,11,e dollars (Sb~5.00J 181 Auer lul) I, 2008, men hundred and fim dollars 1S750.001 Rene\\ al 01 License: IA) On or be1ore )u~ I , 2008, se,enr,-1ne dollars (S,5.00)
(8) After )ul1• I. 2008, one hundred dollars· (SI00.001
An e\plred license renewal fee shall not e•ceed fi, e hund red dollars (S500.00):
Applkation for a Special permit·
Applications shall be accompanied by a fee of one hundred dollars ($100.001 for bo th
Investigation and f5suance of a perm it.
The increases In fees will go to offse t the time and effort required by st aff to process the license and
permit applications which Includes constant mon itoring, posting, copyin g, Investigating,
fingerpri nting, cos ts associa ted with hea rings and oft en several review, or 1vri1ten remind ers. This
Increase will help 10 reduce th e costs associated with th e issua nce of the licenses and perm its.
FINANCIAL IMPACT
This action will increase revenue to help offse t the co st lnvol1 ed (City staff labor and processing
costs) in processing liquor licenses.
LI ST OF ATTACHMENTS
Resolution
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RESOLUTION NO. SERIES OF 100S A RESO LUTION EST AD LISH ING A'NUAL LICENSE FEES AND SPEC IAi. EVEilffS PERMIT FEES FOR LIQUOR LICENSING FOR THE CITY 01 ENGLEWOOD. COLORADO
WIIEREAS. 1he Englewood Cuy Cowic1I hos followed ,~c Colorado Slate Sta1u1cs S"1ting fees for
the issuance of liquor licenses and pennits. which fees have nm been increased by the Stale in over
t wen I y years: and
\\1 1EREAS. the Colorado Senate Bill 07-1 ~9 was a bill for :ut act concerning an mcrcasc in 1hc
amoum of fees local jurisdic tions arc pcm1i11ed to charge for alcohol beverage related applications
which became effective August I. 2007: and
WHEREAS. Senate Bill 07-1 49 also raised the cap on application fees 1h01 may be charged by a
Joe.al govcmmenl 10 issue liquor licenses and pennits: and
\VHERFAS. 1hc fees for a new license. the u-ansfcr of localion or ownership, and a renewal will be
incrc11se< grnduatcd 1ime frame . bul the special cvcni permit fee would become ctTec1ivc, in full,
immcdia , . and
WHEREAS. 1he passage of this proposed Resolution. recommcn~ed by 1hc Englewood Liquor
1.icensmg Aulhorit)~
NOW. THEREFORE. BE rr RESOLVl:D BY THE CITY COUNC IL OF THECrrY OF
ENGLEWOOD. COLORADO. 11-IAT:
~-The Cily Council llf the City of Englewood. Colorado hereby au1horizcs the setting
of the City's Annual Liquor License Fees. as folio vs:
Annu al Liqu or License Fees.
A. AMual license fees shall be paid 10 the City as provided by State law: shall be paid in
adva nce: and shall no1 be rebated or discoun1cd on a proportionntc basis for any liccns• in
existence or issued for less than a year. S.aid fees shall be in oddilinn to any aMual licensc
fees or r~~stration fees required 10 be p.,id 10 1hc Staie.
Liquor License Fees.
Application fees for licenses shnll be payable 10 the Cuy as follows:
A. New license nm to exceed the follov.ing:
I. On or beforeJuly I, 2008 • S625.J0
2. Aller July I. 2008 and before July 2. :2009 • $750.00
J Ancr July I, 2009 and h.:forcJul) 2. 20 10 -SSi5.00 ~ AlicrJuly2.2010 -St.000 00 B Transfer of locauon of exisung license 001 10 exceed 1he following : t. On or bcforcJul) I. 2008 -S62;.()0
2. After July I. 2008 -S750.00
C Transfer of ownership of cxis1mg license 00110 exceed 1hc following :
I. On or before July I. 2008 -$625.00
2. After July I. 2008 • S750.00
D. Change of corporate structure for exis1ing license:
I. For each b11ckground in,·es1igntion conducted by the City for each new officer.
dircc1 or, stockholder or member of a corporation or limited liability company •
$100.00
2, Exemr1inn 10 change of corpora1c s1ruc1ure hnckgrnund investiga tion:
n, This fee shall not be charged for a nonprofit organization.
E. Renewal of existing license:
I . Rene, al of existing license on or before July l. 2008 • S75.00
2. Renewal of existing license after July l , 2008 • Sl00.00
F. Temporary pcnnit pending transfer of ownership Sl00.00
G. Late fee for renewal applications filed \\ithin ninety (90) days after the expa.rauon dale
SS()fl.00
These fees shall be in addi1ion 10 any annual fees imposed by the S1a1e.
~-The City Council of the City of Englewood, Colorado hereby authom,es 1he setting
of the City's Liquor License Sptc1al bcnls Pennit Fees. as follows:
l.lquor License Sptdal E\'tnls Permit Fees.
111c Local Licensing Authorily shall impose a fee (per event) for pos1ing. in\'estigatio n. and
Issuance of any special event pcnnit as follows:
A. One Hundred Dollars (SI 00.00) for a fem1ented mah beverage permit.
11. One I lundred Dollars ($100 .00) for n n·1h. vinous and spiri1uous liquor pem1it. •
Said fee., sh.ill be III ndd1hon 10 any fee, imposed h: 1he S1a1e . ADOPTED :0 APPROVED this J,. day of '3rch. 200
ATTEST:
James K . Wood"·atd, Mayor
~,a A. Ellis, Ci 1y Clerk
I, Loucrishio A. Ellis, Ci1y Clerk for 1he Ci1y of Englewood, Colorado, hereby ccn ify 1he
abo1•e is a 1rue copy ofRcsol ution No . __ • Series of 2008.
Loucrishia A. Ellis, Ci1y Clerk
3
Presentations
Communications
Proclamation s -(Series of 2008)
Resolutions -(Series of 2008)
and Explanatory Notes
Ianuary 22. 2008 5:30 p.m .
1-see page 5 and 10)
Late: __
1nuary 14, 2008
Absent: __
Res. 16, S,rln of 2008. A resolution approving the Mayor'• Reappointment to the
Colfax BuslneH Improvement District Board of Directors. (NEIGHBORHOOD,
COMM UNITY & BUSINESS REVITALIZATION)
Appoints April Sedillos to the Colfax Business Improvement District Board of Directors
for a term ending Decef'l'lber 31. 2010. The Committee approved filing this resolution by
consent on 1-11-08.
Res. 17. 2008 . A resolution re-appointing CouncUmember Man:la Johnson to the
Board of Directors of the Urban Drainage and Flood Control Di9trlct. (PCBLIC
WORKS )
Re-appoints Councilwoman Marcia Johnson to the Urban Drainage and Flood Control
District Board for a term ending h nuary 31, 2010. The Committee approved filing this
resolution by consent on 1-11-08.
R8f. 18, Serief of 2008, A resolution laying out, opening and establishing as part
of the city slrNt system a certain parcel of lan d as part of SPNr Boulevard .
(PUBLIC WORKS)
Dedicates a parcel as part of the public right-of-way on the south side of Speer west of
Washington in District 7. This resolution was approved for filing at the Mayor-Council
meeting on 1-15-08.
Bills for Int roduction 2 Res. 19, Serles of 2008 , A resolutio1 J rantlng a revocable pennll to Benjamin Annas to encroach into the right-of-Yt, at approximately 301 East 7th Avenue . (PUBLIC WORKS) Grants a revocable permit to Be:ijamin Ai m"s !o encroach Into the public right-of-way with an enclosed dining patio at 301 E. r Ave. in District 10. This resolution was approved for filing at the Mayor-Cou ncil meebng on 1-15-08. Res . 20, Series of 2008 , A resolution granting a revocable pennit to KB Homes,
Inc., to en c roach Into the right-of-way with V11rlous Items at approximately Ceylon
Street and 58th Avenue. (PUBLIC WORKS)
Grants a revocable pennit to KB Homes Colora-:lo to encroach into the public right-of-
way with priva te storm sewer at E. 58111 Ave. and Ceylon In District 11. This resolution
was approved for filing at the Mayor-Council meeting on 1-15-08.
Bills for Introduction -(Series of 2008)
C,B. 27, Serles of 2008 , A bllt for an ordinance changing the zoning claulflcatlon
for approximately 1900, 1906, 1926, and 1928 Emerson, 1919-1949 and 1950
Ogden Street, 1827 P1r1I Avenue , and 921 East 19th Avenue. (BLU EPR INT
DENVER)
Appl 20071-00124. Changes the zoning of the 3.5-acre area generally bounded by 20",
Ogden and Emerson streets and Park Ave. from H-1-A and H-2 to R-4-X 1or mixed
residential and retao uses in Council District 8. PUBLIC HEARING AT LEAST FOUR
WEEKS FOLLOWING PASSAGE ON FIRST READING . The Committee approved
filing this bill at its meeting on 1-9-08 .
C,B . 28. Sfrin of 2008 , A bill for an ordi111nce re !atlng to Chlpter 59 (Zoning),
O.nver Revlsed Munlclpel Code, to t hange definitions of "Communications
service" (59-2(74)) and •Office: nondental or nonmediul" (59-2(182)).
(BLUEPRI NT DENVER)
Appl. 2007 1 -00130 -LA-1169. Changes the zoning cod e definitions of 'communications
service' and •office: non-dental or non-medical' to allow Internet broadcast
communications as a.n office use, in recognition of ,valving communications technology.
PUBLIC HEARING AT LEAST FOUR WEEKS FOLLOWING PASSA GE ON FIRST
READING. The Committee approved filing this bill at its meeting on 1 -9-08.
C.B. 29. Serles of 2008, A bill for an ordinance relating to Chapter 59 (Zoning),
miking certain existing legally nonconforming R-2 uses conformi ng uaes In the
R~ and R-1 zone districts. (BLUEPRINT DENVE R)
Appl. 20071-00032-LA-1 154. Changes the zoning code language to make existing,
legally-<X>nstructed mulb-unit structures in R-0 and R-1 zone districts legally conforming
structures, with certain limitations on reconstruction. PUBLIC Hl:ARING AT LEAST
FOUR WEEKS FOLLOWING PASSAGE ON FIRST READING . The Committee
approved filing this bill at its meeting on 4-25-07 and ' r..oe.
Bills for Introduction 3 C.8. 30. Series of 2008 , A bill for an ordinance making a res cission In t he Grant/Other Capital Fund to close out the Stapleton Projects Fund. (FINANCE) Approves rescinding $1 ,553,640 50 from the completeo Stapleton Police Academy Project_ The Conwrtlee approved filing tins bill at its meeting on 12-5-07 C.8 . 31. Series of 2008, A bill for an ordinance authorizing the Mayor and other proper officials to enter i nto a contractual agreement with the State of Colorado for a "Community Services Block Grant FY08.09" prugram and the funding therefor. (NEIGHBORHOOD, COMMUNITY & BUSINESS REVITALIZATION)
Authonzes an appropnatron in the amount of $477,000 for a Cormlunity Services Block
Grant FY 2008-2009 for seivices related to helping people that are incbgenl The
Committee approved filing this bill by consent on 12-28-07.
C.B. 32. Series of 2008. A bill for an ordinance approving an Amendatory
Agreement between the City and County of Denver and Warren Village, Inc., to
provide housing services for chronic and episodic homelns persons .
(NEIGHBORHOOD, COM MUNITY & BUSINESS REVITALIZATION)
Authorizes an amendment to the contract with Warren Village, Inc. to add $300,000 and
to extend the term through December 31 , 2008 for conbrued services to chronic
homeless women 111 Denver. The last npqularty scheduled Council meeting within
the 30~fY review period Is on 2-11-08. The COfnmittee approved filing this bill by
consent on 12-28-07.
C.B. 33, Series of 2008. A bill for an ordinance approving a S.Cond Arnendatory
Agreement between the City and County of Denver and Colorado Coalition for the
Homeless to provide outrHch services to Denver's homeless population.
(NEIGHBORHOOD, COMMUNITY & BUSINESS REVITALIZATION)
Authorizes a one-year extension and adds $1 ,025,194.50 to the Colorado Coalition
contract for the homeless for outreach servioes to youth and aoults. The last npqutarty
scheduled Council meeting within the 30-dfy review period is on 2-11-08. The
Committee approved filing this bill by consent on 12-28-07
C.B. 3', Series of 2008 , A blll for an ordinance approving an Amendatory
Agreement belwNn the City and County of Denver and Colorado Coalition for the
Homeless to provide project based rental assistance and support aervicn for
Denver's chronic homeless. (NEIGHBORHOOD, COMMUNITY & BUSI NESS
REVITALIZATION)
Authorizes an amendment to the Colorado Coalition for the Homeless agreement to
extend the contract through December 31 , 2008 and to increase the contract in the
amount of $716,273 to continue project-based rental subsidy and support seMces to
the chronically hometess The lpt regular1y scheduled Counc il meeting within the
30-01y revi-period is on 2-11-08. The Committee approved filing this bill by
consent on 1-4-08.
COURTESY PUBLIC HEARING COMBINED
COURTESY
PUBLIC
HEARING
COMBINED
Bills for Introduction 4 C.B . 35, Series of 2008, A bill for an ordinance relating to Chapter 39 (Parks and Recreation), CRnver Revis ed Munici pal Code, making changes to Article I pn General) and Article II (Scheduled Events) clarifying permitting In general and specifically for assemblies and extraordinary events. (PUBLIC AMENITIES) Amends the Dept of Parits & Recreation permit application process for assembfies, pnmanly related to declared ·extraordinary events·, such as the Oemoaabc National ConventJon, in order to ensure an equitable
process for all applicants dunng periods of h19h demand; to protect
freedom of assembly and speech; and to protect public safety.
COURTESY PUBLIC HEARING ON FIRST READING. The
Committee appr011ed fihng lhts bill at its meeting on 1-9-08.
C.B. 36, Series of 2008. A bill for an o rdinance amending Division
10 of Articl e VI of Chapter 54, Denver Revised Muni cipal Code,
concerning the regulation of parades . (PU BLIC AM ENITIES)
Amend s the Oepl of Public Works permit applicabon process for
parades, primarily related to dedared •ewaordinary events'. such as
the Democratic National Convention, in order to ensure an equitobie
process for al applicants during penods of high demand; to protect
freedom of assembly and speech ; and to protect public safety.
COURTESY PUBLIC HEARING ON FIRST READING . The
Committee approved filing this bill at its meeting on 1-9-08
C.B. 37. Series of 2008. A bill for an Ordinance approving a proposed Sublease
Agreement betwNn the City and County of Denver and ICLEl-local Governments
for Sustainability, USA, Inc., concerning the sublease of office space at 201 West
Colfax Avenue, Denver, Colorado, also known as the Wellington E. Webb
Municipal Office Building. (PUBLIC WORKS)
Appr011es a 2-year sublease agreement with ICLEI -Local Governments for
Susta inability U S.A. for 224 square feet of office space in the Webb Building, valued at
a market rate of $15 per square iooi, in exchange for the city's annual membeMp
dues to the organization The lpt regularly scheduled Council mNtlng within the
31Mtay review period ls on 2-11-08. The Committee appr011ect filing ttus blA by
consen t on 1-11-08
C.B. 38. Series of 2008, A biU for an ordinance vacating the City's Interest In the
private way bounded by Forest Street, Glencoe Street, 1"' Avenue, and Z.-
Avenue, subject to certain reservations. (PUBLIC WORKS)
Vacates the remaining alley between Forest and Glencoe streets and 1 .. and ~
avenues in District 5 This bill was approved for filing at the Mayor-Council meeting on
1-15-08.
C.B . 39. Series of 2008. A bill for an ordinance vacating a portion of alley adj acent
to 20th Street, subject to certain reservations. (PUBLIC WORKS)
Vacates a portion of the alley at 20" SL and Chestnut Pl for development ,n O,strict 9
This bill was approved for fihng at the Mayor-Counal meeting on 1-15-08
Bills for Final Consideration Council Reconvene.a and R"umes its Regular Senion Final Consideration 6 C.8. I, st,1N of 2008, A blff for an ordinance approving a pn,poNd Contract belMln the City and County of DenYer and WMtam lnduatl1al Contnctora, Inc. for
millwright demolltlon ..vie. at Denwr lntematlonal Airport. (ECONOMIC
DEVELOPMENT)
Appn>Yes a flu-year contract with Wes1em Industrial Contractors, Inc. in lhe 8ITIOUlt of
$9 million for on-caU milwfight demolition services related to demolition of 1he SAE (UAL)
baggage handf111g system. n,. !Mt l'fAMIM1Y IClltdad Coundl "'"""9 wnblo Jbt
30:1IIY rmn ""9d II on Z::4:91,
C,8, ., "'111 of 2008. A 11111 for ., ordll•ic:e approvtng • PfOPONd l1llnl
AlwldlllcMy A.-,.nt ~ the City wt County of D■nwr and Brown &
Catctw.11 r9lalld to lfflirol,mentat MMCM at D■IWW lnllmallonll Alrport.
(ECONOMIC DEVELOPMENT)
Approves., ■meudment to the Brown and Caldwell conlract to add $675,000 and to
extend 1he term 24 momhl for services retaled to OIA'a Erwirolmental Management
System (EMS) and mamenance of lhe dalabale for remediation of stapeton. IlllJlll
l'fNll1Y KbtdMlld Councl fflflllDA Jllllm Jbt 30::dlY !IYln Rfdod It on 2;:4-0I,
C,8, 10, .... of 200I. A b11 for an onSlnance app,o¥1ng a pn,poNd Third
Amendltory A.,_.m i.-n the City and County of Denver and canp DrNMr
& Md<N, Inc. ,.._. ID ~ wva. ■t D■nwr llitlmatlcNial Alrport.
(ECONOMIC DEVELOPMENT)
Approvea an amendment to the camp Omaer & McKee (COM) contract to add $280,000
and to eldillnd the contract 24 months for on-call enwormenta1 aupport leNioes. Ibl
!Mt l'fAMllr!y KbldYlld Coundf fflldoA wnN!I 1bt 30::daY mt,w PtdPd It on 2+
Ht
C,8, 11, 11111M of 20QI. A bill for an onllnanc:e appros,mg • propow1 .::ontract
~ the City wt County of Denvw and Ftbnlary Enfilrpl'tNa, Inc. rot
mlllwrlght demolltlon NrVke■ at D■nwr 1n11m■t1ona1 Airport. (ECONOMIC
DEVELOPMENT)
Approves a b.l'·ye■r concr.ct wffll Feblualy EnteipriMs, Inc. in lhe amount of S9 mllion
for on-caft millwright demolition selVice9 related to demolition of 1he BAE (UAL) baggage
handling sya1em. Ibl 1111 l'WAYlldY fdllcMtd Coyncl "'"""9 wNbllJ Jbt 3M.Iv
r:tYtn Pld9d It on 2+oa,
Bills for Final Consideration 7 C.B. 12, Serles of 2008 , A bill for an ordinance approving a proposed Th ird Amendment to Service Agreement between the Ci ty and County of Denver and Mateo Well Services related to oll well services at Denver International Airport. (ECONOMl◊OEVELOPM ENn Approves a third arnendmenl to the MATCO Well Services to add $216,850 and to extend the contract one year through December 31 , 2008 for oil and gas professional services. The last regularly scheduled Council meeting within the 30-<lay review period Is on 2-4-08 .
C.B. 13, Serig of 2008, A bill for an ordinance approving a proposed Agreement
between the City and County of Denver and Hospital Shared Services, Inc., dba
HSS related to the Registered Traveler Program at Denver International Airport.
(ECONOMIC DEVELOPMENT)
Approves a five-year revenue contract in the amount of $3,300.000 with Hospi tal Shared
Services. Inc. (HSS) related to the Total Queue Management/Registered Traveler Service
Program and other services at DIA. The 11ft regularly scheduled Council meeting
within the 30-<lay review period Is on 2-4-48.
C.B. 14, Series of 2008, A bill for an ordinance approving a proposed Amendment
between the City and County of Denver and Kronos, Inc. increasi ng the amount of
the contract. (FI NANCE)
Amend s the Kr,nos. Inc. contract to add $881 ,442.65 for increased automa tion of the
time and attend ance functions related to payroll. The last regutarty scheduled Council
meeting within the 30-<lay review period Is on 2-4-08 .
C.B. 15. Serlu of 2008 , A bill for an ordinance amending the clualfleatlon and pay
plan for employ"' In the Caree r Servic e and for certain employ"' not In the
Career Service. (GEN ERAL GOVERNM ENT)
Cha nges titles to Elections Division Assistant and Art Museum Marketing and Public
Relations Representative title; Abolishes Election Service Worker, Environmental
Associate . EnvirOl'lrnental Programs Supervisor. Environmental Scientist I. Environmental
Scientist Supervisor, Environmental Specialist I, Associ ate Analyst, Staff Analyst and
Employee Development and Education Supervisor. Crea tes Fore nsic Pathology Fellow
at pay grade of 401-0, Staff Special Education Teadler at pay grade 619-0. and Special
Education Teacher Supervisor at pay grade 812-0 .
C.B. 16. Serles of 2008, A blll for an ordinance approvi ng a.n Agreement between
the City and County of Denver and Denver Options, Inc. to provide services to
people with developmental disabilities. (NEIGHBORHOOD. COMMUNITY &
BUSINESS REVITALIZATION)
Authorizes a five -yea r contract with Denver Opti ons , Inc. through December 31 , 2012
from dedicated mill levy revenues for services related to people with developmental
disabilities. The last regularly scheduled Council meeting within the 30-<lay review
period Is on 2-4-08.
Bills for Final Consideration 8 C.B. 17. Series of 2008, A bill for an ordinance approving an Agreement between the City and County of Denver and Catholic Charities and the Arc hdiocese of Denver to provide Head Start programs for t he program y ear 2007-2008 . (NEIGHBORHOOD, COMMUNITY & BUSI NESS REVITALIZTION) Increases the contract with Catholic Charities by $785 ,219 and extends i t through June 30. 2008 for Head Start services . The last regularly scheduled Counc il meeting withi n the 30.<fay rev iew period Is on 2..C--08 . f:.B. 18. Serles of 2008 , A bill for an ordinanc e approvi ng a 1031 Exchange
Agreement between the City and County of Denver and The Farmers Reservoi r and
Irrigation Company regarding the exchange of property for the South Platte River
Globevllle North Areas , Phase Ill Projecl (PUBLIC 1/vORKS)
Approves an agreement with the Fa rmers Reser.1oir and Irrigation Company (FRIGO)
regarding exchange of real property between FRIGO and the City in conjunction with the
South Platte River Globeville North Areas Phase Ill ProJecl. The last regularly
scheduled Counc il meeting within the 30.<fay rev iew period la on 2..C--08.
C.B. 19. Series of 2008, A bill for an ordinance approving a proposed First
Amended A ccess Permit and Construction Agreement between the City and
County of Denver and Denver Rock Island Railroad to removo and replace the
existing railroad bridge. (PUBLIC WORKS)
Amends the exisbng contract with Denver Rock Island Railroad to increase the railroad
nagging allotment to facilitate the construction of the South Platte River Globevllle North
Areas Phase Ill Project. The last reqular1Y sc heduled Council meeting within the 30 -
day review period i s on 2..C--08.
C.B. 20, Series of 2008, A bill for an ordinance approving a proposed Construction
Contract by and between the City and County of Denv er and Edward Kraemer &
Sons, Inc., for the 6th Avenue Westbound Viaduct Reha bilitation Projecl (PUBLIC
WORKS)
Approves a $5,088,396 constructJon contract with Edward Kraemer & Sons for
rehabilitation of Westbound 6111 Avenue Viaduct The l as t ll!gul ar1y scheduled Council
meeting within the 30.<fay review period Is on 2..C-08.
c:lr.2't."---,go8, A bill for an ordinanc e c reating and establishing the South
Broadway Streetscape (Arizo na Avenue lo Iowa Avenue) Local Publlc Improvement
District, authorizing the construction and Installation therein of the s treetscape
111",•.ovements, Includi ng but not limited to sidewalks, brick pavers, trees, tree
grates, Irrigation, benc hes, trash recepta cles and pedestrian llghll, providing for
the assessment of real estate Included In the distric t, the payment of costs, and
other matters incident.al to the maki ng of said improvements. (PUBLIC WORKS)
Creates the South Broadway Streetscape Local Improvement District encompassing both
sides of Broadway between Arizona and Iowa avenues m Council District 7.
Bills for Final Consideration 9 C,B, 22. S.rt., of 2008 . A bill for an o rdinance c reating a l o c al Maintenanc e District for the continuing care, o per ation. repair , maintenance an d replacement o f the South Broadway Streetscape (Arizona Avenue t o Iowa Av enue) local Maintenance District i n the City and County o f Oonver , State o f Colorado, with the costs of said conti nuing care, operation, repai r , mai ntenance and replacement of said South B r oadway Streetscape (Arizona A venue t o Iowa Avenue) local Maintenance Di strict to be assessed upon the real property, exclusive of i mprovements thereon, benefited. (PUBLIC WORKS) Creates the South Broadway Streetscape local Maintenance District encompassing the
same area included m the Souttt Broadway Streetscape Improvement District. both Sides
of Broadway between Arizona and Iowa avenues in Council District 7.
C.B . 23. Series of 2008. A blU for an ordinance approving the purchase of food
service equi pment for the full service ki tche n facility at the Denver Coun ty Jail
through prO!)OMd Purchase Ofden by and be~ the City and County of Denver
and 1) Steve Stock & Associates, Inc., 2) Welc h Equipment Company, Inc., 3)
Crown lift Truc ks, and 4 ) Duray. (SAFETY)
Approves $3,223,101 in purchase orders for food service eqlllpment for the fut1 service
kitchen facility at the Denver County Jail at Smtih Road. The lat regularly scheduled
Council meeting wi1hin the 30-day review period is on 2-4-08.
C.B. 24, Serles of 2008, A bill for an ordinance approving a proposed Construction
Contract between the C ity and County of Denver and FCI Conatruc tora, Inc., for
construction of a full service kitchen faclllty and the Denver County Jail at Smith
Road Project. (SAFcTY)
Approves the $6,915,000 Guaranteed Maximum Construction (GM P) proposal from FCI
ConstructOfS Inc. for the construction -including secunty equipment -of a luU service
kitchen facility at the Denver County Jail at Smith Road. The lat regularly scheduled
Cou~II mntlng withi n the 30:dfy review ptriod is on 2--4-GS .
C.B . 25. Sfrin of 2008, A bill for an ordinance authorizlng the luuance of C ity and
County of Denver, Colorado, General Obligation Justice System Facilities Bonda.
Series 2008, and certai n Supplemental "B " Interest Roglster-.cl Coupons for the
purpose of financing and defrayi ng the cost of acquiring, constructing, Installing
and improving justice sy1tem facilities, together with all necnsary, Incidental or
appurtenant properties, facll ltlea, equipment and coats; provl d j ng for the levy of
general ad valorem taxn to pay the princi pal of and I nterest on the Bonda and
such Registered Coupons; ratifying action previously taken relating thereto;
authorizi ng the execution of certain agreements and providing other details in
connectio n therewith; and making o ther provisions relatlng thereto. (SAFETY)
Authorizes the Department of Revenue lo issue $174.135.000 2008 in fixed rate tax-
exempt bonds Jusbce System Faolibes General Obligation Bonds t o fund the Jusbce
System Faolibes Project.
Bills for Final Consideration 10 C.B. 26, Serles of 2008, A bill for an ordinance approving and providing for the Hecution of a proposed grant agreement between the City and County of Denver and the United States of America concerning the "Secure Our Schools" program and the funding therefor. (SAFETY) Accepts a $200 ,250 Department of Justice Secure Our Schools Program Grant with a cash match of $200,250 and appropriate the $400 ,500 for continued security measures between the Denver Police Depa rtment a11c1 Denver Publ ic Schools . Announcement
There will be public hearings on C.8 .s 27, 2ll, and 29 , Series of 2008 , on Tuesday ,
February 19, 2008. Any protests against C.B. '!7, Series of 2008, must be filed in the
Council Office no later than Monday, February 11 , 2008 .
Adjourn
The Council Chamber haa listening ,:ig~1::11s for the hearing Impaired; request a
device from the Council Secretal'). he City can provide sign language
interpretation for persons attending City Council meetings. If you need sign
language interpretation, please contact Lorrie Kosinski at TTY 720-913-8484 at
least 72 hours In advance .
Ila en na 1·2 Bl P di 8-08
C.B. Cammlttee Statua O..crlptlon --I:,,nii,,uect Hearing?
# _·_:'""1">.''n
781 Blueprlnt Final Appl , 20071 -00039. Changes the m , ng 12-26-07 Yes
0107 Denver Consld. ol the 1.02-ac-e parcel al 65-85
Broadway and 38-+4 W. 1• Ave . from S.
4 and R-2-A lo MS-2 to bring the panting
lot west or the St()(8 Into lOning
comDl iance In Counci l District 9.
782 Blueprlnt Final Appl. 2007I -0012S-LA-1168 . Changes 12-26-07 Yes
0107 Denver Consld. the zoning code language to lacllHate
Installation of wind and solar energy
equ ipment and prolecting adjacent
prOQertles from anv undue lmoacts.
BIiis Pendlna 2~8
C.B. Committee Status O..crlptlon Continued Hearing?
# From
1 of Blueprint Final Appl. 20071 -00102 . Changes the lonlng 1-7-08 Yes
08 Denver Conald . of the 0.75--acre parcel at 201 , 247 and
255 Washington from S-1 and P-1 lo R-
3/0[).8 in Council District 7.
2 of Blueprlnl Final Appl. 20071-00080 (formerty 4926 ). 1-7-08 Yes
08 Denver Conald . Changes the zoni ng In the 6.22-acre
parcel at 36 01 S. Yosemite from S-2 and
0-1 to R-1 f ur residential development in
Council Dist rict 4
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NOlf:lnllOU NI :1 NOll:IJS
,:')
.. Description of the Significant Components of the South Broadway NEPA Preferred
Alternative ... _..__ .. __
,....,.....ol'lwO~Of--..... -----~~ ~,oOef"l(ia-1 andlhe
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NtXT MtETlNCS South Broadway 1'£1' \ Proctss Constnsw Committee lhiefin& #2 Cameron United Methodls l Church June 15. 2006 ., ..
June 27th -Pubhc Meeung 111 1500 S. Grant (Pinn Park Senior Cen1er). Level 38
alternatives will be presented to the public, and there Aili be opponunity for comment
and input to the process for development 311d scre.:ru-11 of the alternatives
July 20th -DIile held for CC meeung
Aucust 17th -Date held for CC meeting
DiKussion Hltbli!hl!I
1. Presenllllioa of the rep:ickaged Level 38 alternatives. Repackaging addressed
findings from lhe Level JA wly$iS,
Z. After much discussion, the Consensus Comminee pve ics approval 10 perform the
Level 38 screening on the alternatives presented
3. A new idea or a Bypass Couple1 with a "Main Street'" Bro:idw:iy was rlliscd that
the project team was asked to look at to de1emune whether it should be
considered funher
4. The Level 38 alternatives 11,ill be presented at the Pubhc Meeting . Consensus
Committee members were encoinged 10 auend the Public Meeting and 10
participate in discussions with the ?ublic about the alternatives development and
scmning process to d111e,
S. Mike Vandemoofwill be represe-1tin11 FHWA on the Consensus CorMlinee. Jean
Wallace bas reloca1ed out cf :ne Den ver aR3.
6. The Consensus Comminre ~iscussed various aspecis of each repack1111ed
alternative 1111d reiterated tht desire Ihm the solution suppon a more neighborhood
and pedestrian friendly lllmosphere. lrey voiced concerns about 1he v.idth of all
altemarives.
~
Based on the discussion at the briefing, the project team v.ill evalurue the 3 8 alternatives.
The goal of this Level 38 analysis is to identify the best feaiures of the altem.ttnes to be
combined into 11 Preferred Alternative, which Will be r.::rried forward for addiaonal
evaluation in the EA.
lune IS. 2006
Soul!, Broadway NEPA Precess Mttrinc Goah Rev iew and in put to the definitior of lhe ahematives to be evaluated m lhe Le vel JB screening . Obtain committee approval to perfonn the Le\'el 3B screening on the nltematives presented . Pm1ew the Public Meeting and seek the participation of CC members in that meeting.
Baclqround
At the beginning or the Level 3A screening process , seven nltematives plus the No-
Action and TSM alternatives were defined . As a result of the Level 3A screening, the
seven alternatives were nmowed (repackaged) 10 three build alternatives thlll best
a.ccommodaled the project purpose and need and evaluntion cr.teria. Based on the
dis cussion at this CC briefing, these 3 remaining alternati ves (along with the No Action
Alternati ve) will be evalwued in the 3B screening . The lf.l alternatives have been refined
based on comments from RTI>, FHW A, COOT, City/County of Denver, neighborhood
organizations , and findings from the project team analyses .
I. AL UR.'iA TIV!S FOR UV!L 311 SCll.UNING
Graphics describing the 3B alternatives were distributed and discussed Because the
Wedge Ramp is now included in each of the 38 alternatives it was discussed first. The
following comments and questions were addressed on iL
• Gentral Comment! and Question, Rtlated lo tht! Wed&t Ramp
• Comment: Wedge Ramp is loc:i!ed further south than pr,,viously
sho11,n . This location minimizes potentinl right-of-way ,mp&cts .
• Comment: The westerly SB lane on Broadway , north cf the Wedge
Ramp, will be a dedicated on-ramp lane. Traffic mod •.! results will
indicate how long this dedicated lane will need to extend to the
north.
• Comment : Forecasted 2030 volwnes indicate that during peak
hours approximately 1,600 vehicles will utilize this ramp. The
grade separated Wedge Ramp will accommodate this demand.
• Commen t: Acoma was ex tended Curther north to pro ,ide better
access to Cherokee street. At this time, the cross-section for this
imp rovement has not been defined .
• Comme nt: Would like 10 see if the SB Broadway to NB 1-25
movement could be moved to the westside of Broadway
• Comment : Kentucky and SB off-ramp were moved closer together
so lhllt they can be controlled by a single traffic signnl . This will
Sooth Broe,h-.y Cons<.'tlJus Com m!u,e Jun, 15 , 2006
ehnunnte one signal, wluch should lessen del~ 1111d unpro,·e traffic operauons • Q Chero kee is concerned th:u dus re10C3llon of Kenrucl-y would spin their development parcel resulung m odd shnped,siied parcels, and asked whether there could be another alignment that would reduce the development 1mp3Cl A. The projeC'I tcnm mdiC31ed ~131 11 would meet with Cherokee 10 discuss how 10 improve the development opportunity
• Q· How does the Wedge Ramp compnre w11h the reconvnendat,on
in theYHEIS?
A The Wedge lump is diJTeient from the Preferred Alternative
Ihm will be defined in the VHEIS. The VHEIS and the South
Broadwny projects address different purpose and needs, so
differences are expected. The go:il of the VHEIS was to unprove
tr.lffic operations along 1-25 and to provide consistency in design
The goal for Broadway is to specificruly improve transportation
operorions aloog Broadwily
Similarly, convnon transit and pedestrian/bicycle issues were also initially
addressed.
General Commenl3 ud Questions Related to Transit Improvements
• C otMUnl Bus only lane has been included from E.tpos1uon Ave.
to the mrion platfonn area
• Q Wluu impact to parking. specifically al the park-a-ride lo~ is
there with the Wedge Ramp 1111d other alternative improvements?
A: The impact to parking will be quantified during the 38
screenmg process with the mtent to make Rn> "whole" lvith its
existing number of parking spaces.
Gffleral Commtnb and Qut,linllS Related to Pedesnian/lllcyde Improvements
• Comment: Right-of-way (ROW) cross-secuons were presented to
illustrate the dtfferences in ROW width between each of the
altermuives, the length of the typical pcdestri1111 crossing, and the
relnted time for pedestrian crossing. Committee members sought
to identify similar lvidth corridors for comparison in the Metro aren
• inchldiog Colorlldo Blvd
• CommtntS The West Washington Parle Neighborhood Associ.ilion
reuerated its objection to the pedestri:in/bicycle bridge across 1-25
Bl Mississippi. They do not see the benefit of such ac cess . There
was di5"Bfeement among other corrurunee members as to whether
dus acce:s might be benefici31 to other neighborhoods west 1f the
Sou1h Broadway Col\.'l<IUUS Commill<C Juno IS , 2006
I ghw:iv 11 ,bing 10 ac.es s the park 1111d other desnnon ons to the e:ist • Q Ho" does the 1mpro,·ed Wedge R.1mp impact the pedestnan and b,cvcle access 10 the suwon? A lmp;oved pedestrian and bicycle acc ess to the stnuon \\ill be provided "i th 1111 C"<clus1ve pcdestnanlb1ke :iccess across Oluo and under 1-25 to the naoon p13tform area. Detnils of this access, including how it will cross through the perking area under 1-25 will
be addressed in the design stage.
• Q F~ underp11SSes hov• a repuwion for beins unsafe. How
\\ill this be addressed?
A· Pedestrian and bicycle Sllfety issues will be llddressed dunng the
design stage Ulihzing items such as hghtlng. ~ide sidewalks,
pubhc an, clear visibility. and other wban design elements.
• Q· With the intersection of Kentucky/Broadway moving 1orth as
pan of a single intersectiOQ, including the SB 1-25 off-ramp 10
Broadwuy, will this larger intersection neglllivel y impact
p~ ~trans and bicyclists seeking to cross Broad way to access the
sian •.• l
A. Ag.lin, this will be addiessed durins the design stage to
facili• • t and make safe ped/bike movements across Broadway to
the sumon.
• Q Wh.Jt improvements are plmtned aJ the Obioll.1ncoln/Off-ramp
inteisection?
A: The project teMI is aware of the concerns of the nei ghborhood
abolll the speed of traffic in the inte~oo and ruming into the
netghbomood. We will address improvements to this intersection
to improve ped/b1 ke safety, Including looking at the
recommendation in the VHEIS, as port of the process for
identifying the Preferred Altemalive.
• Com-ots and Questioos Related to the Broadway Wldeninc Altunative
• Q· Why is the parking garage west of the CML only on the
widening alternative?
A: The trllffic model will indic111e the benefit of this improvement
tr it is determined to be beneficial, then it will be included in the
all of the ahert141l •es
• Q: The number of lanes on Mississippi is the same as e:c.isting m
this alternative , yet th ~re is indication of improvements (blnck
lines) What is changinj;?
June IS. 2006
.~ The black hnes mdJr•te Iha! the tra,·el lanes 1<111 be 1<1deno:d to bnng them U!) 10 Jesign Sl:Uliwds Ko addJtion.11 lanes ha, e ~ proposed ::u tlus loc:111on • Q At one ame. tmpnl'ements 11,ere sh01<n on ~hmss1pp1 between Broad1<ay and SanLl Fe The current aJtem4bves show onl~ tmpro>emems between the CML 1111d logsn, Are there ni> 1mprovcmerus recommended between the CML :tnd S11113 Fe' A There are no 1mpro,·ements recommended between the CMI.
and Saru:i Fe because th~•~ oUISlde of the pcOJect study are:i.
• Q Why 1s the pedestrian bridge at lhe MississtppllBroadw~
illtmectioo ~n as a mgonal crossing'
A. The A::i.son for the dingonlll crossing is to cre:ut eoougl, .,r a
ame sanngs for pedestnlllS 10 select lhe elevaled cros,mg rather
crossing t.vo .. legs~ of the intmedioo 11 .,-ade
• Comment! and Questiom Rdaud te die ~lulti-W11 Beule,,ard Alttnwive
• c-"' The chm!enge v.1th tlus altCTrulbve would be IO educa1e
dri vm 011 how to navigate through the CCll'ridor ~sing Iii:'
adJacent parcels -..ould aced to occur from the access lanes
par.llleung the through lanes
• Commtnt. There IS a jog in the alignment wnh this alternative to
Ii)' and Llke equal pomons of nglu-of--..~· from the Cherokee ,ml
Lionstone developmenJS. Right-of•WIIY ~ not impact the historic
Ford B1nlding.
• Q: Various ConsertsUS Committee members raised the coocern th111
this altemalive and the 10,idening altermlivc showed significant
incmJSe in roadway width. ls it possible to have an altem:dhe that
does not require ertens1ve widening~
A: The •idcning sbo11,n anticipaies the fun.-e 2030 pe3lc hour
lnlffic demand in the corridor The additionlll lanes 11,ill enable
lnlffic ~ the area to tmel ill present speeds during pe3k
travel periods However, even ,.,th the ,.,dming alternatives as
dra-..n, me goal is to accommodate 80% of the 2030 forec::isted
dem:inc:l
• Commt11tl and Queslioiu Rd.attd to the Broadway/Atom.a Couplet Alrermlivt
• Commmts Trus altern31lve provides enough trolJic and pedesaiilll
benefit tt.ar II cannot be discarded. The Broedwny 11,idth could
acrual!y lllllTOW (36-feet pavement width) with this altCJllllve and
traffic could more thrOIJ!!h the are:i more effici~tly due the
incorporation of one-wll)' sip phasing.
South Brood1<-.y CoaiC!UUS Couun11t,.
• Comments Cherokee was concerned Bhout tl>e ngh1-of-w:iy 11np:IC1$ th:11 this :llternnove would hnv~ on their property The couplet would c~1e several small parcels that are hard 10 de,·elop lfth1s :ihemnu,·e \\:IS selected. reVlC\\ of the Acoma ngh1-of-woy would need 10 be evolwtted Also . there wos concern about the speed of vehicles uuveling through the area on the couple1 • Comments. Develope!l do n01 care for the proposed pedesm:111 bridges They would hke a comdor tho1 encourases pedestn:lllS 10 make those movemenl3 at grade. Bndges convy the nouon thnl
auto lr:lflic tuis prefmnce.
• Comments · Develope!l would prefer Broad·,.iiy to remain a l'\\0-
"7:Y street (south ofl-25)
• Q How would RTD buses be accommodated with llus alternative?
A: Routing for the buses would be more difficult with this
alterruuive lf this were selected, specific tr.lllSit mccommod:itions
would need 10 be considered.
II. APPROVAL TOUSETH!ALTlllJ'iATIV!S INTME JB SCR!L'IINC
The Consensus Committee had a few changes/suggestions on the lhree
repacknged alternatives (see below). They also asked the project lellll1 to look
11 a new iden of using the Couplet alignment as either a two-way by-pass or
using Acoma as a contra-Dow for one-way traffic (direction depending on the
time of day)
Moving forwasd wilh the repackaged ahernarives the CC would like.
i. To see the SB Broadwqy to NB 1-25 movement moved to the
wes!Side of Broadway
ii. The corridor designed to encour:ige pedestrinns circullllion 01 the
groind level.
iii. Broadway to remnin a two-way street.
After much Discussion, the Consensus CollllTllttee gave ill approval to
petfonn the Level 3B Screening on the alternatives as presented. \\1th the
considerotic~s listed 'above·.
Ill. N!XTSTEPS
• Conduct Level 3B screening incorporating the traffic simulation model results
• Conduct Pu blic Meeting #3 (June 21") to provide opponuruty for pubhc
comment on the 3B alternatives and lhe alternatives development and
screening process to date
Soolh ll<oochuv Cooscnsus COIIUlllllcc Jw,e 15. 2006
• lden ufie311011 of the Preferred Ahelllllthe The Consensus Commmce \llll pro,1de input to the sdenulicnnon of tlus 11hem1111ve • Conduct the EA e1al11111ion 1111d prepare EA documentanon SclwiMk: • June 27" -Public Meeting 10 be held from S 00 pm. 10 7.30 1111d the Platt PIIJt Senior Center
• July 20th -Date held for possible CC acnvi1y
• Auei,st 17th -Date held for possible CC acn,11y
South Bro.t,.,y COIUfflJUS Comm,ncc i W>C IS, 2006
APPENDIX Constnsus Comrninee Mtmben and Altt mates in AMtndance: K4rcn Culltbcrucn. Athmar Pat!. Neighborhood Associauon and INC' Sieve Hnrlcy. Baker Hls1oric Neighborhood Associauon nm Lopez. Boker Historic Neigbborboc<l Association JOlll Loughridge. Broadway Arca Rc,·itah,.a1ion Distrtc1 Tony Gcnpro. BrOlld"II)' Partncnlup Rock Wells. Cherokee Jason Long!dorf, Cil)' and Counl)' or Denver Kuk Webb. COOT
Doug Mc Kinnon. Lions1onc
Jack Unruh. Ovcrllnd Neighborhood As!lCCialion
Jim Lindbergh. Plan Pad< Peoples· Associanon
DoMA Krentz. Plan Park RcsidenlS' Coalitioa
Poni Bcnnen. Plan Park Rcsiden1S' C.oolition
Robcn Rynenon. RTD
Katie Fisher, Wesl Uni,...-s11y Communi1y Association
Jim Carlson. West Uni,u1i1y Communily As10Cia1ion
Jim Jones. Wes1 Washfogton P~ Nc·igbborhood Associaliun
Gloria LcFrce, We11 Washfogton P11tk Ncighbo(hood AJsocia1ion
In Attendana:
Shelly Wanm, Ci1y and County or Denver Council Al-Large representative
S1cvc K4plan. !<.,plan Kirsch & Rockwell • L1onstone
Paul Ryan. The Kenney Group -Lions1011c
Pouicia Leslie, DU S1Udcn1
Jeff IC.lye, RTD
Project Team:
Leny Oibson. Caner & Burgess
Mike Gil~ Caner & Burgess
Scon Jones, Caner & Burgess
Brian Welsh, Fehr and Peers
David Oyer. Ham,;g and Associa1cs
Julie Coanor. City Council Disoic1 ,1 rcpn,scntative
r 1dUt1t1on:
Jody Erik.son. The Kcysiooc Center
Soulh Brood"ll) CorucntUS Com mince June IS. ?Ol)6
DEVELOPMENT OPPORTUNITY Request for Proposal for property located
at South Broadway and US Hwy 285
E~GU:WllOD SctlOOt.S
A STEP A lltAD
Englewood School District
Englewood , Colorado
4101 South Banr:ock Street
Englewood, CO 8011 O
303 .806.2018
www.englewoodschoo:s.org
Peg La Pl ante 303 .806.2018
Robert Simpson 303.981 .0267
February 2008
EXIIIIJIT A
kt'QUl'\I fur rropoutl Flood M1ddl~· Sch04.1I Prop1.,.-1y ~111k\\l~)I U'-'-"-=-'""""----The Englewood School District (District) is seeking development proposals for the Flood Middle School property located at 3650 South Broadway Englewood. Colorado (see Aerial Photo A). The development property Is adjacent to Englewood Colorado's historic downtown and Swed ish/Craig Medical complex. Development or the entire property is preferred however: developments proposals that utilize part of the property will be considered . Site Information
Existing Cond itions
The Englewood School District owns this 4.45 acre development property. This pn>perty is
located on the southeast comer of South Broadway and U.S. 285 (Hampden Avenue) ,ind has
approximately 500 feet of South Broadway frontage to the west and approximately 30(1 feet of
US Hwy 285 frontage to the north. The property is generally level and consists of a ·,09,764
SF. 2 story school building and adjoining vacant land. The school build Ing was constnJcted in
1920 with additions in 1968 and 1972.
The site is on the southern edge of the Englewood Central Business District and adjacent to
the Swedish/Craig Medical complex. Smaller retail businesses are located to the west and
st•ulh along South Broadway. The surrounding neighborhoods to the west and east are
mature residential areas with low density multifamily and single ramify residences. Englewood
High School ls located two blocks southeast of the property. Two RTD transit stations eight
blocks to the west (Englewood Station) and southwest (Oxford/City of Sheridan Station)
provide convenient access to light rail . The City of Englewood provides a fixed route transit
shuttle service from the Englewood LRT station to the central business district and the
Swedish/Craig Medical complex. The shuttle route is accessed one block north of this site
making th is a reasonable transit adjacent development choice .
Water and wastewater service are provided by the City of Englewood. According to the City's
Utilities Department sufficient capacity exists for a new mixed use development on the
property. Gas and electric service is provided by Xcel Energy and telecommunications service
by Qwest Communications . Phase I environmental information is available ror this property.
Please contact the District during normal business hours to review this Information or view this
Information on the District website .
ktq~I for f1ropa"ial H"iJ M1d~tk "11.~•I ProflC'l1) l·"'n'"J S,J,,-,1 Dl\tn.l
Vision Statement
Source c.-, o1 e._...i
The successful developer must wor1I welt and closely with the Englewood School District, the
community, and the City ol Englewood . forging strong relationships with these stakeholders
will insure that the proposed Flood Middle School property redevelopment meets the School
District's and community's needs and expectations. The proposed development will add to the
quality of life for Englewood community .
The Flood Middle School property convnands an important South Broadway location in the
South Metro Denver area . It Is located in a densely developed , vibrant urban location. The
property has excellent visibility, access and presence. II is surrounded by existing single
family and multi-family neighborhoods and a so!id business community. The property affords
unparalleled views of doYmtown Denver to the north and the mountains to the west. It Is in
close proximity lo the Swedish /Craig Medical .;omplex and nearby Cherry Hats ViOage. By
virtue of its proximity to downtown Englewood it should serve as the downtown's southern
portal.
It is expected that the Flood Middle School property will be developed as a signature, landmark
property. The property is expected to be redeveloped as a mixed-use project to include retaa.
residential uses and Is Ideally situated for public-and/or community-related uses. Sales tax
generating uses are desirable but should not be the only consideration for redevelop, nl.
The property serves to transition urban development in the central business district to more
highwa~-related uses on south of the p1operty along South Broadway.
Special attention should be given to integrating the new development Into the existing
traditional neighborhood fabric of the community . Extra care should be given to excellent
urban design. pedestrian Ofienta:ion. architecture, materials, and open spaces . The
development should incofporate significant public art Into the project. The development should
consider Green Initiatives, including site development, materials disposal, and energy
efficiency of !ht building Attention should be given to reflecting the history and character of
the site/community within the new development
Public Objectives
Mixed Use Development to Include retail. residential uses, restauranVentertainment. and
public/community-related uses desired.
Community Anchor -landmarl< build ing.
• High-quality architecture and materials, (masonry and other durable urban material).
• Green, energy-efficient. environmentally sensttive building and site development.
Prominent inclusion of public art within the d4!1,a)opment.
Project completion within a 36-month timeframe
Access and Visibility
Mt1tun 1 for Propo i•I l·hmd ~l,drJlc Schoo l Propcny Fn£1..""c"-~~h,,ul U11;tnc1 ____________ _ The property is at the southeast corner of f ,, 1th Broadway and US 285. South Broadway, a regional arterial , carries more than 38,000 m, .~.ists dally and U.S. 285 carries approximately 67 ,000 motorists da lly. The highly visib le site is one block south of the roule of the free Art Shuttle that links the light rail and regional buses at CityCenter to Downtown and the Medical complex. Broadway Is also served by public transportation 24 hours a day , 7 days a week.
Area Employment
The area surrounding the site is a significant employment center in the South Denver Metro
Area A daytime occupational populut on in excess of 13,500 is located within a one-mite
radius of the site. Sixty-three percent of the daytime occupational population is concentrated
within the executive/professional and administrative support staff occupational classifications,
with trades and labor making up the next largest class. An additional 62,156 employees are
localed within the next two-mi le and three-mile rings , for a total of 75,183 employees.
Zoning
The development property is primari ly zoned MU-R-3-B, Mixed-Use ResldentlaVUmiled Office-
Retail District. The MU-R-3-B District permits public schools and other limited office and retail
uses dlreclly associated with residential uses . II is expected that this property will require
rezoning consistent with an approved plan. The City of En glewood City Council has indicated
their Interest in facilitating the rezoning and subsequent development.
Financ ial As:.s!stance
• This RFP s•,eks projects that do not raquire District financial assistance.
Submiss ion Requirements
Submissions nus! Include the following items:
1. Approach
• Describe your understanding of the project and general approach to development.
Identify the development entity and the personnel who will negotiate with District
representatives.
Provide a narrative about the preliminary design and development concepts in terms of
the type, market orientation, and quality of the proposed development and how II meets
the public objectives.
2. Oeveloper(s) and Relevant Experience
• Identify the Developer(s) by company nam!' and their project rote and responsibility .
• Identify the key individual(s) likely lo l'i:! involved and their respective backgrounds ,
roles, and responsibilities
• Describe the previous developm:,m P.xperlenGe of the companies and Individuals.
Focus on experience in public/p;ivate • 11,,r similar development projects .
• List the names and locations of not . e relevant projects and associated
references for these projects. (Name, ~d<!ri,. ·, • ,phone number .)
3, Financial
• Provide evidence of the financial capablllty to carry out th e proposed project.
RtqH<'ll for l'ropo,111 rlooJ MidJk School l'rupl.'ft)' Enr"'"nod s.1,no1 n~ list :he names and addresses of financial references for the developer and any other named source s of financing . • Describe your preliminary app<oach to project financing including identifying potential development options, general sources, and uses or funds . past experience, and anticipated public and private sector roles and responsibilities. 4. Other
Other additional information that may help the Selection Committee evaluate the
proposal.
Critical lo the success of this redevelopment Is the seamless Integration of all elements
of the proposed project Into the community and downtown. Provide a narrative
describing tills integration ldentlfylnp unique aspects of the proposed project.
Describe how this project adds or contributes value to the downtown and the
community.
Provide discussion about t,ow this project may be developed. Include milestones to
identify how this project may be completed within a 36 month period .
A complete submittal package will include ten sets of all material:. with written mateiiar 1n on 9
½" x 11 ' fonnat and graphic material In an 11 " x 17' format Also provide a CD or DVU of a
complete digital copy, in Adobe Acrobat readable format (,pdf), of all written and graphic
material. Only submlttals meeting the above requirements will be accepted . The District
reserves the right to reject any or all proposals.
Selection Process
Flood Middle School Property Development Proposals must be submitted to the Englewood
School District Administrative Offices on 4101 South Bannock Street Englewood , Colorado by
12 Noon, March 31, 2008. Late Proposals will be rejected.
After the submission deadline, the District will roview all proposals for completeness and
adherence to the terms and conditions of this pmposal . At the sole discretion of the seller,
incomplete submissions may either be rejected or returr.cd lo the respondent.
A Selection Committee, appointed by the School Board, will review the pr posals in response
to this RFP. The Selection Committee will be comprised or members of the Board of
Education , District staff, City Council, and the Englewood community.
The Selection Committee will r.onsider the following factors in the review and selection
process. The District believes that the successful developer must demonstrate a commitment
to execute and Integrate these criteria as a community package.
• Purchase price based on net dollars to the District. Price shou ld be based on
development va lue and pu:itic objectives met.
Proposed lime to comple'e due diligence and proposed ciosing date Including any
contingencies . District wit, place emphasis upon the developer's ability to dose the
transaction on a cash basis c:t the eartlest possible dato.
• Proµosed Development Plan
• The process to implement the Development Pla11.
• Property availab le lee simple title.
RtquHt rar Proposal Flood \hddk S,hool Propcn) Fn&Jc,. ood School Dostnct • Development Contract is requ ired. Contract will requ ire selected developer to reach project completion or mutually agreed milestones with in three years . After evaluating all submissions, the District will select no more than three Proposals. The District wil l request that the three final development proposals be presented separately to the Board of Education. Presentations are expected to be scheduled in mid to late April 2008.
The District expects to select one purchaser/developer and enter Into exclusive negotiations
for sale. A decision is expected at the Englewood Schools Board meeting In May 2008 .
Deve lopment Con tact
Direct questions concerning th is development opportunity to:
Robert Simpson
4101 South Bannock Street
Englewood, CO 80110
303 981 .0267 Phone
Slmpson21 OO@msn.com