HomeMy WebLinkAbout2008-05-05 (Regular) Meeting Agenda Packetl . Call to order.
2. lnvoca 1ion .
3. Pledge of Allegiance .
4. Ra ll Cal l.
AGENDA FOR THE REGULAR MEETING OF TH E L GLEWOOD CITY COU CIL Mo nd a , May 5, 2 008 7:3 0 p.m. Engle-.,ood Ci\ic Center -Council Chambers 1000 Englewood Paoo,ay Englewood. CO 80110
5. Considera tion of Minu tes al Previous Sess ion.
a. Minutes from the Regular City Council meeting of April 21, 2008.
b. Minutes rom th e Special City Council meeting of April 28, 2008.
6. Recognition of Sch dul d Public Comment. (Please limi t your P'ese nlation to ten minu tes.)
a. Michael Morton, Execull\ e Directo, of the Greater Englewood Chamber of Commerce,
\\ 111 be pr sent to address City Council regarding South Broadway Englewood Business
lmpro emen t District Ini tiatives.
7. Recognition of Unscheduled Public CommenL (Please limit your presen tation to frve mlnut s.
Time for unsch duled public commenl may be limi 1ed 10 45 minutes and if limited shall be
con1inued to General Discu sion.l
8. Communications. Proclamations, and Appoln~11ents.
a. Proclamation nam ing Olga Wo losyn as Englewood 's Citizen of the Yea r or 2006.
b. Proclama tlon decla ri ng May as Stroke Awa;e ness Month.
Ple,ise no t~. If you h,1\C• ,l dls,1blllty ,ind 11 'l'<i .,u .. llary ,lids ors rviccs, plea se no ll fy the Clly o( rn Ml,•wood
J\OJ ,7 &2 •H07) ,11 lcd<t 4R hnur In •dv,111c~ofwhen services .1re needed , Th.111k you ,
(nsJ<"ood ( U\ Council •l~t•nrl,, May 5.1008 Page 2 9. Consent Agenda hems. a. Appro,al of Ordinances on First Read ing. b. Appro1 al of Ordinances on Second Reading. ,. Council 8111 N'>. 15, approving a 2008 agreement wnh the Engle\\ ood lions Club
for main tena, ce of the Englewood Lions Cl ub minia ture train, which operates at
&elle, 1e1, Parle during the summer months.
Ii. Council BIii No, 16, approving an Intergovernmental Agreemen t for th e Ci ty of
Englewood to provide the City of Cherry Hills Village with vehicle maintenance
services for 2008.
Iii. Council Bill No, 21, approving an ?greement with McCetrick Golf Academy to
operate the Broken Tee Englewood Indoor Training Cen ter.
c. Resolutio ns and Moti ons.
Recommendation fron, ""Library Department to approve a Resolulion
authorizing the Library's ·summer Food for Fin es• program from Tuesday, May 27
throu::h Sunday, lune II '008. STAFF SOURCE: Hank long. Dir«lor of Ubmy
Services,
1 O. Public Hearing Items. (None scheduled.)
11. Ordinances, Resolutions and Motions.
a. Approval of O rdi nances on Fi rst Reading.
b. App roval of O rdi nances on Second Reading,
CouncU 8111 No. 24, an emergency ordonance establishing a temporary suspension
or mora torium on th e es ta blishme nt of new •rooming or boarding house• uses for
a period of six months.
c. Resolutions and Motions.
Recommendation from the Publi c Works Depa rtmen t lo award, by Motion, a
construction contrad, a professional services agreement. and a const ru~tion
contingency associated with the construction of Sou th Broadway Median
Streetscape: Belleview Avenue to 1 ufts Avenue. The total esllm ateci ,'.osl of
rnnstnl<'tion i< JF.81,4111 80 STAFF SOURCE: Rick Kahm, 0lrKl'Jr of Publi c
Wo rks, and David Hend erson, Engin,1eri ng/Capital Projec1s Admini strator.
l'lr,1,e nolr ti 1ou h.i-. • dl._.h,hr,· .,Old net'd au.,11.,r, al,I, or servtcr,. ple,,sr notify 1hr City of (ngl<•\\ood
IJ0J-762-H07) ,11 le,1•1 ~ft hour< In ,1<1,·,mcr olwh{'l1 Sf'f\lct'S •" n('<?drd llYn~ )'OU.
[n~le"ood (II\ Councd ~~rod., \1J\ ;, !008 P,1g~ 1 l 2. Gene ral Discussion. a. Ma) or's Chc,ice. b. Council Members' Choice.
13. Cit) Manager's Report
14. City At1orne1•'s Report
15. Adjournment.
The following minutes were lran,mitted lo City Council in Aoril, 2008.
• Code Eniorcemenl Ad\ iscry Committee meeting of March 19, 2008.
• Cultural Aris Commission m~ellng of Ma rch 5, 2008.
• Englewood Housing Al''.i1ority meeting of February 27, 2008.
• Engle\\OOd Public ubrary Board meeting of March 11 , 2008.
• Liquor Licensing Authority Telephone Poll of March 19, 2008, and meeling oi April 2, 2008.
• Parks and Recreation Commission meeting of March 13, 2008.
• Planning and Zoning Commission meetings of March 18 and l.pnl 8, 2008.
• Urban Renewal Authority meeling of January 30, 2008.
• Water and Sew~r Board meetings of lanuary 8 and February 12, 2008.
Pf(.>~ue nn1,• ;f \OU h,ne ,1 d1c:..1h1l11y .md nerd ,1L!~1h.uy ,1/ds or c:.r"1CC"',, pl(w;e notify 1hc City o( [ngl£'\,00<'
L .J-762-~➔07) ,1t lr,1st ,18 hours In ilcl-.,,nce of wht•n c:.erv1< 11,;, ,lrr ncedc.•cl. Th.ml ou
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Call to Order
ENGLEWOOD CITY COUNCIL ENGLEWODD,ARAPAHOECOUNTY,COLORADO Reg ular Session April 21, 200:
The regular meeting of the Englewood Crty Counci was ca"ed to order by Mayor Woodward at 7 46 p m.
2 Invocation
The Invocation was given by Council Member McCasl1n.
3. Pledge of Allegiance
The Pledge of Allegiance was led by Council Member Mccaslin.
4. Roll Call
Present
Absent:
A quorum was present
Council Members Jefferson, Moore. Penn, Oakley, McCaslln, Wilson,
Woodward
None
Also present City Manager Sears
City Attorney Brotzman
Deputy City Manage, Flaherty
Deputy Crty Clerk Bush
Cily Clerk Ells
Ditector Fonda. Utilities
Dltector Kahm, Public Works
Fleet Manage, White, Public Works
Streets Maintenance Manager Monlgomery. Pubbc Works
Director White. Community Development
Senior PlaMer Langon, Community Development
Director Eaton, Human Resources
Police Commander Watson
5 Consideration of Minutes of Previous Session
(a) COUNCIL MEMBER Wlli:'.Dtl MOVED, AND COUNCIL MEMBER PENN SECONDED, TO
APPROVE THE MIIWTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL 7 , 2008.
Mayor Woodward asked ,r there were any changes or modoftcations. Th.,~ were none.
Vote results:
Motion carried .
Ayes·
Nays·
Abstain:
Counci l Members Penn, Mccaslin, VJoodward, Jefferson. Wilson, Oakley
None
Council Member Moore
6 Rocognltlo n of Schoduled Public Comment
There were no scheduled v,s,tors
1; """ Englewood C1ly Council April 21, 2008 Pago 2 Rocogni11on of Unscheduled Public Comment {,1) Tom Rothe, an Englewood ro s,dcnt, srnd I mn here to 1~1, alJoul sornct111nc1 t1 ,n1 I <Ion I !honk has any "'~"I now, alter the Study Soss,on 101119111 I was 9011,g to talk abou t 11,0 poss1b1hly of hnv11 g n single cllmpnny Ir.,sh hauhng con tract, as ,t seems you hove been balling armmd tho idea ,n the Coty of Englewood I,,Ioly I didn't have much 111terest ,n tlus 1111111 I statlod checkmg prices lo switch trnsl, compamos for myse lf and I found that t he service I gel from my tmsh company, even u,ough ,1 ,s a htlle higher than other trash con,:,an,e•,
,s fnr suponor to any of the others I empathize w,t h lhe people thal have 11 or 12 Irucks coming up and down
11,oir nc,ghborhood al nil hours of lhe day and n,ght ,n my area we only have onf' We have no alleys sod tS
rc-a:,y J moot paw,l 11: <wi tch lo another trash hau~ng company at t111s time I Ju•l wanted to ...ome in and state
n,y OPl'O'ithon Out I undetstand after the Sludy SesSIOll. that that may not be an , good any ffl()(e So, thank
you
r.tnynt Woodward s.1id thank you
8 Communicat ions, Proctamallons and Appoint monts
ln l
cons,cIc,cd
A loller lrom Ken Bronson nn11011nc,n9 hos rcsIgnJt10n l rom Keep Englewood Beauhlul was
COUNCIL M EMBER WI LSON MOVED, AN D COU NCIL MEMBER McCASLIN SECOND ED, TO AC CEPT
THE RESIGNATION OF KEN BRONSON FRO M KEEP ENGLEWOOD BE AUTIFUL.
Voto results:
Ayes Cr ncll Members Penn. McCaslm Moo,e Wnortw,ud Jefferson
W ·.0,1 0,1klcy
Nays None
~ Consonl Agenda
r,1,11111 Wooc tw;irct saort I would JUSI like to po,nt oul thal, wolh regards to 11,e Lions lr.0 11,, under the (;11nscnI
/,~1•1111., I) (,1) lot IIWI I am a member 011 110 Lions Club I don'I lecl th~I this w,11 ,nlNforo w1llI Illy VOIC al all, but I
110 w,1 1\1 In ch::.r.10•,11 01nt
COUNCIL M EMBER MOORE MOVE D, ANO COUNCIL MEMBER McCASLIN SECONDED. TO APPROVE
CONSENT AGENDA ITEMS 9 (a) {I) (II), 9 (h) (I) and 9 (c) (I).
It) COUN(;II Dill NO 15. INIIIOl)IICI n BY COUNCIL Mr MflCH M()OIII
1\11II IOll /,NOlllllNf•'ICI Al'l'ROVtNr. llllCONTHAtl ll[IWI rN lll[CIIYOl lNG''WOOD,
r,OI llW\IJO I\Nll I1I(.t I WOOi! LION!l CI IJIJ roR MAIN ll NI\NCI Of 1111 I N(;I I W()()II ONS CLU B
l,IINII\IIIHI IHI\IN
1111 COIJNC:11 nu I NO 10, IN 11mnucrn DY COUNCIL Ml MIii I '()()HI
,., 11,1 I I Clll AN [)ll lllN/\NC:I /\l'l'llllVINC I\N INI I IH :ovI I1NMl0 NII\I AGRI I Mt NI II IWI t,N IHE CITY
1 II I I/ ,1 1 WllOI I C:0I n w1111 l •\NI I 1111 r:I IV Ill t.11I l lHY 11111 :; VII LAGC , COi Oil I H l, WI IFRl!BY
1 111 •dYl\11111,IIW<lllli'l\lll l'HtlVIIII 1111 Ul\'IJI I:I11HHY IIIII SVIII/\C;j V,,IIIVI IIICLE
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Englewood City Council Ap ril 21 , 2008 Page 3 lb) Approval of Ordi1ances on Second Reading (i) ORDINANCE NO 19. SERIES OF 2008 (COUNCIL BILL NO 20, INTRODUCED BY COU NCIL MEMBER OAKLEY) AN ORDINA NCE APPROV ING AN INTERGOVERNMEN TAL AGR EEM ENT (IGA) ENTITLED "CONTRACT BY ANO BElWEEN THE DENVER REGIONAL COUNCIL OF GOVERNMENTS (DRCOG)' FOR REI MBUR SE MENT TO THE CiTY OF ENGLEWOOD, COLORADO FOR MISCELLANEOUS TRAFFIC
SIGNAL EQUIPMENT.
(c) Resolutions and Motioos
(i) An extens,on of the ln1ergovemmental Agreemenl for the City of Englewood to prOlllde
the Coty of Sheridan with vehicle maintenance services for 2008
Vote results:
Ayes: Council Members Penn, McCaslin. Moore. Woodward . Jefferson.
Wilson. Oakley
Mollon carried
Nays: None
10. Public Hearing Items
No pullic heanng was scheduled before Council.
11. Ordi nances, Resolution and Motion ■
(a) Approval of Ordinances on First Reading
(I) Senior Planner Langon presented a recommendation from l he Community
Developmem Department to adopt a bin for an ordinance authorizing the Denver Seminary Planned UM
Develooment (PUD) Amendment No. 2 site plan adjustments. She said this Is CouncB BIii No. 23 Community
Development requests that Council set a Public Hearing date for May 19, 2008, to consider Amendment No 2.
The original PUO was passed in 2004 and Amendment No. 1 In 2007. The Plann ing Commission held a Public
Hearing on March 18"' to consider this Amendment No. 2 and voted 7 to Oto forward the recommendation to
Cou ncil. with conditions. Those cond itions are stated In lhe Staff Report. Since that meeting the applicant has
addressed two of l~e Issues that were discussed at the Planning and Zoning Commission Public Hearing and
those two issues are the dormer Issue thal was negotiated with the Kent Village neighbors to the west and
a<11u•1tnent of the number of hotel rooms equaling the number ofresidentlal units ... same ratio -one hotel room
equals one residential unft Those two Issues are addressed and in the Exhibil A that you have before you
Amendment 2 maintain s the general characler of the developmenL It remains the same II ls still a mi xed-use
residential and coovnercial site with the retail componenl Parking ratios remain the same The access pou,ts
remain the same The Universfty Boulevard tum lane remains the same that was negotiated with COOT and
wO!ked out In Amendment No. 1 And traffic, even though there ,s an increase In retai space and a decrease on
resodenllat unrts because of the balancing of those two ~ is felt that traffic will nol be greatly Changed from the
original traffic report. So. Amendment No 2 0011ers a number of things First off 1s a change In an addition to
lwo of the uses In the Table of Allowed Uses Thoss are residential: the addition of single and two-unit
residences and then also Hotel Use And then , as I mentioned, the increase In the retalVcommerclal space from
the current 51 ,500 square feet to 75,000 squar, 1'.el end a decruase In the number of residential unlls from the
350 units down to 300 unijs, The olher major ,1odnge Is the cre;;tion of what we are ca lling development
envelopes Under the current plan, each building Is limited to thg exact footprint of the b uilding thal was shown
on the Amendment No, 1 Th is envelope system concept Is a larger area in which the building could move and
It Is designed to accommodate localion and orlentallon changes without having to come back each 1,me for an
amendment l o the PUO The envelope would allow uses lhat are prescnbed for lhose envelopes . to be In lhose
envelopes provided that lhe building meets the height the selback. the bulk plane and floor area requirements
lhal are eslabl shed on the PUO Using this envelope sy•lem I wanl to s1ress. thal 11 doesn't meon thal lhe
Enolcwood C11y Co11nc1I April 21, 2008 Paoo 4 bw~hn<J• w,11 cnmplctcly fol lho 11n,e10pe, 11 ,sonly the area on wtuch a bluld,ng could be IOcaled The envelope is largo, 111an the foolpnnt We do 11ecd 10 make sure thar we understand that And, ,1 allows for nexobd11;. as I said on lhc buildings locallon and orienla l1on And, 11 removes lhal need lo re tu rn each 1,me for a PUD aoncndmcnl 1us1 to change lho or"'ntat10n 01 dorecl10n ,,r lhe btu ldmg or mo,mg Ille budding over a few feel or ,•,ha1cve1 ii alSo allOwS the applccanl a f1lOIO ltmely react10n 10 markol cond1l10ns /Ind, I thonk ,r we look al lhe en,· lope es sort or like any olher zone d1stroc:1 ,n a typ,cal R1-A Zone D1s1roc:1. you know thal on a IOI you have setbacks, you have height, you have bulk pla ne •. this 1s 1110 sa me thing, except that lhe envelope, each 1nd,v1dua1 envelope, sort or acts as 'Is only hltle zone d1str1ct or sorts The PUO still controls the height , tho bu lk
piano the floor areas and all th.ii IS uochangcd I •mll onciude on lhe Starr Report or the Cooncll Communicatoon
for the J'ubl,c Hearing o compmlSOn ol ,~~ or,g,nol PUD Amendment No t and !hen 11-nendment No 2 so lhat
yo11 ca11 soc wh/11 lhu changes hove ocen ,110 me proposed lo be She said ,r there are any quesl10ns. I will be
happy 10 answer thorn Otherwise. Community Development requests Iha! you sel May 19. 2008 for a Puhhc
lloarrng on Amef'dmonl No 2 of !he Denver Seminary PUD
Council Membar Wilson sard I have a questron They are go,ng to be show.ng shadowing? Ms Langon said
yes Ms Wilson sn 1d okay 11s I unde rstand I he envelope. they can pul the bu1ld1ng 1n any configuration they
want Ms Langon said correct Ms Wi lson said so wrll lhoy show, w11111n each envelope, a sh 1fl In all the
bt,,.d,ngs? I mean. are they go,ng to know where lhey want these burld1ngs now? Ms Langon said they don·~
oot at this 11me Iha! 1s what I undersland Ms Wilson sard so lhey need lo show lhe sha<lowmg of all l he
d1ffercnl co11 f19ura1,ons thal co11 ld be asse mbled Ms Langon sa id well, I lh1nk lhol would be qulle a task lo
show ,,II tho poss1b1l11,es Whal they have shown at !he Plon111ng Commission 1s ll1e full envelope and Iha!
wou'd be tile worst case scenaroo Ms WIison saod okay Ms Langon said so whatever would be developed
wo.11d he less than Iha! wo,st c.i<;P scenano
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Mayor Woouward sa,d f1~111 whnt 11,ove road 1n 11,e J' a11d l m111 utes 1s tha! v,hol they did show were l he worst •
case sccnarro, ol 111ov"'!l 11,osP IJwld,ngs 1n 11,e envelopes Ms Langon said nghl
M:oyor Woodward Jskod If !hnrc wrre any other riucslrons
Council Mcor.ncr Ponn sa,d yos, on these enve lopes, are thoy mov ing IJ the north wiU1 those envelopes or arc
they only ilO"·'I 10 movo to lho south from the 0119,nal? Ms Langon ~drd from Amendment No 1, lhe north
envelope, ,n the northeast por110n. thal has the same setbacks. ~le same bul~ plane es Amendment No 1 Mr
Penn said bul what I am askr ng IS, with this new envelope. 1s rt developed to move north, southeast how do
you Mve that arranged? Ms Langon said one of the envelop£;; now will be l~e lull width or the wesl side, Iha!
rs envelope 2 /Ind lhon. because envelope 2: now covers lhe lull wost side, envtlope 3, whrch Is lhe north
por110n. woR shrfl somewhat to tho east Mr Penn said will tt shift north? Ms Langon said no She said the
envelope w,n cover lhal area but there are bulk plane steps and horght hmilabons wolhm that envelope
Council Member Wilson sard ,110 !hoy ask,nq f or changes 1n tho ho1u111 of ddlerenl bu11d1ngs? Ms. Langon said
there aro some n11nor changes tn level orr lhe envelopes, ,;a Iha! lhc,o rno nol steps w1th1n the envelopes for
rr1<hvod11al herghts ol buoldrngs Ms \'\/,Ison s.1od Okay
Mayo, Woodward said 011 p,1000. 11 docs adtJross 11,0 •,011,.,cks 011d ,r lloos show the d11ec11ons and where so111e
ol tho~o n10von11,11ts hnve h:111111,riod
C:nur1r.1I Momhnr Penn said I ru•,I wJnl to make sure Iha! ll10y are not gomg lo tho north, because I lhmk ll·m
wm,111 roally afloct n,o sh,1duwrr g oven more I think IIIOy shou ld $lay ,,nd ,1 thoy me go ing l o make a move,
they should mnvo to lho sou111
M.,yor Wooc1w.11d sard. oc11,aliy, I not,ced envolOpe 2 decreased 11 7 n feet awl ,;r,vclope 3 ,nciea!>ed 11 by
11 J:I loot
M.ry<• 1'10011.-,ird a~kcd II th~ro were any other quesl oons for l roc:•1
c .1111" M1•r11llll}f Moore sa1a rr1eJa , I 1ust warll to wnf1tm wh:11 I thmli< I tu ~~trtl ynu sav I know I woukf app,ec1ale
1 1· 111h, ••! wh:1 111,c or1gtn,1l loyout was, wt1r11 we did 11, /\1rn•ntJr,u•n1 No I ant.J whmo we aro hf!ddCd I think
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Englewood Clly Council April 21, 2008 • Pages
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you indicated that will be In our packet Ms Langon asked as a graphic? As a drawing? Mr Moore said yes Ms Langon said t will see •f I can work that out wrlh lhe applicant Mr Moore said to be clear. I am not asking for anythrng lhal we haven I already seen . I've got visuals In my mrnd, I 1us1 don't have all the matenal But we had an ongrnal layout !hat showed where the houses and burldmgs were Then when we went through Amendment No 1 the road moved and lhe buildings moved I am recalhng prror drawings If we can gel our hands on them Ms Langon said nghL that rs on three sheels and we can do that Mr. Moore said okay, that would be very helpful Ms Langon said I was lh1nkIng you meant on one sheet Mr Moore sa,d .J. no, no. Just
pulhng together that ex,sbng rnformatJon. I would also like to make sure at the Public Hearrng that we are
exploring ... you menlJoned the envelopes are Intended to provide freedom to make minor changes and the
building won't fill the envelope, but, at the same trme. I am sure we are gomg to want to know. to have some
reassurance that the building won't end up fi111ng the envelope Before what we had, if I remember correctly ,s
you have llus square of land you can 90 up on If we give them an envelope for flex1bihty , what stops that
envelope from being completely filled? I am sure there is 90mg to need to be i;ome comf011 that 9Mn9 freedom
to make some minor shifts. Is not giving freedom to .. well, in particular end up causing the shadowing Issues
to get worse. Ms Langon said I am sure we can work somelhrng out with the applicant to be able to
demonstrate that for you Mr Moore said thank you
Mayor Woodward said and I thlnk, If I heard you righL ff Amendment No 1 and Ille ong rnal were saying that the
floor plate was, as an example, 20,000 square feet for a particular building, that footpnnt now that we have an
envelope, that Is 60,000 feet, because it can be moved within 11 ... that what comes back to you ,n final form Is not
beyond that 20,000 square feet, within that 60,000 square foot envelope
Council Member Moore said there was a base squore footage through Amendment No. 1 for a given building
The envelope wdl have a larger base square footage Ms. Langon said nght Mr Moore said IS it contemplated
tha l lhe buI1dIng l11at frts wilhln lhat enve lope will not exceed the or,ginal square foota ge In tetms of Its footprint?
I did not see that anywhere in here. Ms Langon said I would take ,t that the applicant, with the request for
location and onentatJon change, that instead of doing perhap$ a perfect square that IS 20.000, maybe now, that
It could be a perfect square that ,s 18,000 or 24,000 square feet, but then maybe a shorter bulldrng or a smaller
footprint gorng up to the maximum he,ghl I think that would be a quesll0/1 better directed to the apphcant Mr
Moore said it Is correct, we don't see that yet. Ms. Langon said right Mr Moore said that Is someth ,ng that we
just want to make sure to cover ,n the Public Hearing. Ms Langon said that I be lieve Is part of the flexlblllty
request
Mayor Woodward said are there any other quest,ons for Tnc,a at this bme? There were none
COUNCIL MEMBER MOORE MOVED, AND COU NCIL MEMeER McCASLIN SECONDED , TO APPROVE
AGENDA ITEM 11 (a) (I). COUNCIL BILL NO. 23 AND SET A PUBLIC HEARING ON MAY 19, 2008.
COUNCIL BILL NO 23. INTRODUCED BY COUNCIL MEMBER MOORE
A Bill FOR AN ORD INANCE AUTHORIZING THE DENVER SE MINARY PLANNED UNIT DEVELOPME NT
(PUD) AMENDMENT NO . 2.
Mayor Woodward aSkeJ ,I the < was any further drscuss,on
Mayor Woodward said I would just like to say that lhe two meeting s Qf the P & Z I fell I rke lhey were really
cornprehens,ve and they really covered a lot ol material and thoy d10 a really. really good job on what lhey have
done and what they have covered and the questions that they brcught forward Please pass that on. because I
think I~ JY really did outstandrng work on t~at
• Ms Langon said !h ank you I wrll pass that on, because they spent" :01 of lime on the issues
Mayor Woodwa•d said ant other dtseuss,on?
Councol Member McCashn saMJ may I as~ ;, questfOO? The concerns of the people that were here last time
about Kent Place. wore !hey passed on lo the developers at any point?
Eng lcwoorl City Cou ncil April 21, 2008 Pago 6 City Allo 111cy llrolzman said I was al ll1al heari ng Those same issues were brought up, actua lly, at the Public Hearing Mr McCashn sa,d okay, !hank you C:oonc,1 Member Penn said I would also like to see whal lhetr answer was to these people Mayor Woodward said within the packet u1c re Is a leuor dated April 9., lrom Kenl Place which, I lh,nk, certainly starts le, address some things. w111ch thoy wcren·t obl igated to do
Ms Langon sa,d lhose were issues raised two weeks ago and have not bean passed on 10 the apphcanl yet.
becau se Coone~ iust app,oved the mInu1es 1h1s evening Couool Member McC.isbn said Ol<ay, but they will be
passed oo? Ms Langon said yes Mr McCastin said lhllnk you
Mayor Woodward said are there any oth er questions or commen ts? The re w~re none
Voto results:
Motton earned
Ayes Coone,! Membe<s Penn, McCaslln, Moore, Woodward Jellerson,
Wdson. Oakley
Nays None
Scn,01 Planner Langon said lltank you
(bl Approval or Ordinances on Second Reading
l 1,010 were no add1t10110t ,tams subn111iod lor approval on second reading (Sae Agenda Item 9 • Consent
Agenda)
(c) Rcsolutrons and Moltons
(1) Director Enton prescnled a rccommendalton from lhe Human Resources Departmeol to
noiirovo a resolul,on appo,n1,ng lhoso I lcartng Olfoco1s on Iha hsl ap 1 ivod In 2007 to hoar Menl and
D1sr 1pllnary appeals S110 said for 111oso of you wl10 I1avan·1 been through this process be!ore. the Charter
slalos lhat lhe Council will appoint heonng olftcers lhal have lhe ab1hly 111 tabor and employee relallons to hold
hearings and make findings and dc1cm1,na1tons In respect lo d1sc1phnory appeals Tonight we are asking
C:uunal 10 reappow,t, by resolu•,on, lhe heanng officers on the lrst lhat .,ere app,oved 111 2007 I believe you
hnvo 1ha1 "' your p.ickols The off,ccrs are Bennett A1senberg, Ronald Cohen and John DIFalco
COUNCIL M EMBER MOORE MOVED, ANO COU NCIL MEMBER WILSON SECONDED, TO APPROVE
AGENDA ITEM 11 (c) (I)· RESOLUTION NO . 36, SERIES OF 2008 ,
HI ~.01 U flON NO 3G SERIES or 1008
A 10 SOLUTION SI I I ING rnr I IS I or PrnSONS I IIGllll I I OH Al'l'OIN I MLN f AS IIEARING
()11 lt:I llS I OU lll:iC:11'1 IN/\HY /\Nil Ml HI I 111'1 'I /\I I ,
Coww:1I Members Pc11n McCashn Moo,o. Woodward, Jefferson.
w,Is011. Oakley
Nono
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Englewood City Council Aprlt 21, 2008 Page7 (ii) Director Eaton presented a recommen<lat,on from the Human Resources Department to approve, by motion, the appointment or a hearing officer lcr a d,sc,plinary appeal filed by Richard Burton She said we ask that you choose a hearing officer from the group that you just approved . Mayor Woodward asked ii there was any dlscu~slon C.ouncll Member Mccaslin said what are the grounds for a hearing officer? Are there special demands. ii lhey
are d1sclphned ,n any way, they are entlUed every I,me to a hearing officer? Is that correct?
Director Eaton said any disciplinary action, which Is defined as a demolion or a termmat1011 anything m which
they lose status. they can appeal to a heanng officer
Council Member McCasrin said so rt has to be a demotion or termmabon? Ms Eaton said correct or a loss ,n
pay m some way ... typically that ls how that Is accompfished
Mayor Woodward asked ii there were any other questions
Council Member Mccaslin said Is this granted automatically lo the employee or do they have to ask for 11?
Ms. Eaton said typically it goes through a process where they discuss the issue with their su perv isors and up
their chain of command lo the City Manager. In the case of demotion or a termination, they can Immediately
request a hearing officer, however, and they do that through the City Clerk They make a request through the
City Clerk. It Is outlined In our Administrative Polk:y Manual. Mr. McCaslin said okay, thank you
Mayor Woodward askeo If there -.re any other questions spec11ically
Mayor Woodward said is there any deSlfe by anyone to appoint a specific heanog officer?
Mayo, Wood.vard said I personally had marked down Ronald Cohen, simply because I saw he was a personnel
heanng officer for Northglenn, Black Hawk. Parker, Elizabeth, Littleton and ,n lhe pasl for Englewood.
COUNCIL MEMBER MOORE MOVED , AND COUNCIL MEMBER McCASLIN SECONDED, TO APPOINT
HEARING OFFICER RONALD J . COHEN FOR A DISCINPLINARV APPEAL FILED BY RICHARD BURTON.
May, •Woodward asked If there was any discussion regarding Mr. Cohe n. Th ere was none
Vote results :
Motion canied
Ayes· Council Members Penn, McCaslln, Moore, Woodward, Jefferson,
WIison, Oakley
Nays· None
Director Eaton said thank you
("1) D're-"Y. '<ahn> presented a recommendation from the Public Works Department to
approve, by mobon, the purr -I,.•p,llar 420E Backhoe. Staff recommends purchasing the equipment
through the Colorado Dep~ 'lrtal10n contract with Wagner Equipment Company in the total
amoun l of $71 ,172.00. He . .al\. ,,. ,ar backhoe Is a very practical piece of equipment In that, II you
would look In the book in your packel, t .• ~ase pnce was $70,672 .00 and the only additional thing we added
was a second Shop and SeNic~ manual, to better take care of the equipment. No bells and whistles on this
one. Th is Is a piece of working eq uipment tr you will reca ll, lhos" of you al lhe last budget retreat last summer,
there was a lot ol discussion about this piece of equipment, and at that lime. Counci l supported It, and as a
resull, It was funded In the 2008 PIF Fund In lhe Mure, ongoing CERF costs, for replacement and
maintenance. w,11 bf' budgeted on an annual basis In the Public Works Street Department General Fund budget
He said I will be happy to answer aoy questions and in case I can't 11 It has to do with how you operate a
Enolcwood City Council Aflrll 21, 2008 Paoc a b.JC•l•oc I ve got Mr Montgomery here this cven,ng aoo ,r has to do with anything technical about the backhoe. I 11i1VO Mr Pal 1r'rh1le, our Flecl Manager. horo with me COUNCIL MEMBER O AKLEY MOVED, A NO COUNCIL M EM BER PENN SECON C'EO, T O A PPROVE AGENDA ITEM 11 (cl (iii) -TO A PPROVE THE PURCHASE OF A C AT ERPILLAR 4 20E BACKHOE IN THE AMOUNT OF S71 ,172.00. Mayor Woodward asked ,r there was any dlscus~to n for Rick or Monly
Cuuned Member Jefle,son saod the IJacid,oe ,s com,ng d•ectly from Caterpillar, 1sn'l II?
011ccl01 Ki111m saKl ~ ,s conuog from Catctp1ll.ir Whal we do ,s. we've used the Slate Highway Department btd
from lasl yoar IOI lilts
Council Mcmllor Jclfe<son Said I am rust concerned I 1usl wanl lo makn snrc lh,11 wi, ns,· l)Clling 11 from a
vall,nblo source Mr Kahm satd yes, we arc Mr Jellerson said bec.luse we aron'I ge111n9 somc ,1dd1l10nal
prolecbons rn lhese lypes or contracts, as l under ·tand So, I Jusl wanted lo mako ,urc 11 was a rrpulable
dea ler Mr Kahm said sure, absolutely
Mnyot Woodward said lha l transportation orango color, Ii.at we ore paying $, 1,Jo l,J f~r? M K,1hm sa,,, you
will not ,co lhal we didn't choose that. this one w,11 bo yellow Ach rolly I pttlfcr Jo11n Deere. bocauso lhey -,ere
grncn, bul lh,s one 1s yellow
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Counci l Member McCasltn said can you CKpln,n I he flcK l11cl oplron? ii ,son llie second pn4~ '.',c ,, no for 11
Council Member Penn so,d lhey don't hav<· 11, 11 ,s nol nn op11on Mr Kaho •"1 I 1on't 1>1!1•r·.u , "even •
• ,v;111t1blo on lt11s p,ccc of cqlnpn1cnl We 90 green cvory Ch:mce we get nn1, ,111:-. JU'tl '11<: 1 :\t1•1• :· icJ1 .Jf!l:on
Mr McC,1shn s.:id olwy that ,s wllOI I was wondc11ng Th.ink you
Coul'C~ Member W~son soKl IS Uus J rcplaccmo,tt? Mr Kaltm s..1Kl no ,t ,snot. ,1 IS <1n n,l.htional ll,,ckht.e Ms
Wtlson sn,o ol<ay
M, 1yor Woodward asked 1f thcro was ;tny fu,thor 111sc11sslt'~ Thnrc w,1s none
Volo ros11l1s :
M11\1t)ll f .. 1tlllill
/\yes ,:our1 ... d Mon,bots renn. McCashn, Moore, Womlwar,t .lulfuP,,,.,
Wilson 0,tkloy
N,1ys None
I ~11•1.t1 w K,,lun ,,1111 thank you
(1v1 llllL'<'lof fon<1.11•1·sc•111c•tl ., ,,. nn111••1ldat10n hom tho L,1Ucto111l 11,1h•w •I Waste
W,Oi•I I 11•,1h1'H~rt1 l 1l.111l o:;u,,.!rv,•..ory Gumuuth-c• 10 ,1111•cwiu, hy mohon. lhc ,,.irc.hasc of ,,oc kl'W ~J•oond
1111",,1111• 1111~•~ 11,k.ktsl ,11111 :,.,dur l11•n John 1~'1u In<: (Model 8330i 110 the moount nl S 1.18 959 62 The
111•,1 ol U11s 1urcn<1,1111c w,11 hu ,1tawt1 !10/~ hy the c,1ru, ul lnqlcwood and L,tticton and h,1s llccn app,oved ••
""' 1>1Klgul I le s..1,d lius ,s a rep' ""'"'""I IOI .1 l1i1elor l11;,t is 20 years old and the maJOI dtfforcnce ,s, II rs a low
,,,mmd pressure. mUOO< tracked. farm tractor. whK':h nw~ms d ha<i wide tmcks :snd that 1c; 10 keep 11 from
r.11111p;icli119 lho soil as much ,,s lhe oliier o,e doos rttts c:;11110 ell of the MAPO bids. which mo tuken like the
!:Iulo llllls, 011d lhe John Deere tractor wa s lho lowut IJ,<Jdcr and we wo11kl recommend lh,s tractor It will
,nr.roa~o our p1oducliv1ty, we behove, since we won·: have lhe sml r.omract ,on and ,1 docsn'I sptn lires and lhat
•,u,t ol th1no 11,sadvanlages lh al th o other one has
COUNCIL M EMBER WILSON MOVED, AND COUNCIL M EMBER OAKLEY SECONDED , TO A PPR OVE
AG[NDA ITEM 11 (c) (Iv)-TO A PPROVE TME PURCHASE OF ONE, LOW GROUND PRESSURE,
IHlllll[R 1 RACKED, FARM TRACTOR FROM JOIIN DEERE, INC. (MODEL 83 3011 IN TIii'. AMOUN T or
!,Ult.qr,q G2
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Eng lewood City Cou nc il April 21 , 2008 Page 9 Mayor Wcodward asked ii there were any quest,~11• Council Member Jefferson said do we always split the •xpenditures with lotlleton 50/50? Mr. Fonda sa,d yes , we do Under the contract, we spht the operational costs according to flows and loadings, but we spht capital costs 50/50 Mr Jefferson said I wasn't sure 11 It was based on lhe llow, bke you said. because I know lhey get more than we do, but okay so lhe capital expend~ures are all at 50/50? Mr Fonda said right, so they are 50%
owner In all the faclhtles. Mr, Jefferson said thank you
CouncU Member McCasltn said have they approved ,t yet? Director Fonda said no, they won't approve it The
Supervisory Committee approves It and then we are the managing agency, so It goes through our procedure on
purchases like •~is. t.'r. McCashn said okay, we are the linal say.
Mayor Woodward said Stu, under the technical evaluation .. at the bottom there, it ssys freewave rad10 and then
right undemealh that, it says auto-guide Mr Fonda said I believe for each tractor those are the GIS opbons
and they are different for each one, Mr Woodward said nght and it says here "documentation required tor
regulatory reporting" ... we don't need that then? Mr. Fonda said to get the material moving at a certain rate,
then you want to know how fast you are moving along and then you can report lo the State -..ilat Ute application
rate was and you have to s!lly within certain parameters This equipment helps us With staying within the
pa rameters, Mr, Woodward s~ld o~.ay, but It Just shows dashes the re ... so we aren't paying for It? Are we going
to purchase lhat separately or is that Included? Mr. Fonda satd no, I think lhat lhe greenstar display, lhe
autotrac acbvabon and slarfre rece,ver comes with lhe John Deere and the equ,vatent ls div'<led by the
challenger from the other two. t don't think you would have all of them,
Mayor Woodward said okay, so the greenstar, autotrac and the starfire replaced lhe freewave rad10 and the
auto-guide on lhe other machine? D,rector Fond• Slid I believe that Is correct. Mayor Woodward said okay
Mayor Woodward said Uie options that we selected, lhe deluxe comfort package, and t h en the leather tnm
(requ11ed with this comfort package) ... ! am Just cunous about thal Mr, Fonda said I am not famlhar with those
details. Mayor Woodward said okay Mr Fonda sa!J but I cou ld get an answer that is probably air
conditioning ... if" doesn't say, because it is very ~.ot out there and I think the cabure a ir condit,oned That
would be my guess Mr. Woodward said okay, I just want to make sure that we aren't spending money on
something that Is too deluxe . Mr. Fonda said I don't think we are, but I haven't looked Into the detail on that My
gues~ Is that " is air cond,tlonlng. Mr Woodward said okay
Mayor Woodward as ked If there were any further q,,estlons. There were none
Voto rn ults:
Motion carried.
Ayes· Counclt Members Penn, Mccaslin, Moore, Woodward . Jefferson,
Wilson, Oak .y
Nays. None
(v) ,ector Fonda presented a recommendation from the U1tl11tes Department to approve,
by mot10n, a bid for the .. ,stallalion of a transformer, sw ,tch and other improvements f the Allen Filter Plant
Staff recommends awa1dIng the bid to the lowest acceptable bidder, Glase< Electric eor-pany, ,n the amount of
$106,115 00. He said this replaces one of the transformers lhat was an original. Pubttc Service put us on the
spot for a year, by forcing us to either take the old one and take owners hip of It , It ~ad PC B's and things In
It .. so we let Public Service keep che transformer, but they wouldn't hold It fc· a year un t~ we got a new one
They just pulled it ou~ Which left us a tittle bit exposed We have since separately ordered the transformer,
Wh,ch has been dehvered and now this Is a bid to have an electrical company lnstaU it. We got three bids and
the low bid was Glaser Electric for $106,t 15 00 We want this transformer put In as soon as it can, becallse you
don't want to get 1010 lhe hot season , and d lhe one we have blows Which os unlikely, but d 1: happens, we
wculd be hard pressed to keep prod~cIng water You can't Just go get a transformer off the shelf and put one In
So, this w,11 be our backup transformer and ,t w,n be sized so that when we go to UV d,s1nfeclton ,n several
years II will be large enough to handle lh;,1 load
En9lr ,ood City Coun.:1I April 21, 2008 Paoo 10 COUNCIL M EMBER OAK LEY MOVED, ANO COUN CIL MEMBER PENN SECONDED , TO APPROV E AGENDA ITEM 11 (c) (v) -TO APPROVE A BIO FOR THE INSTALLATION OF A T RAN SFORMER, SWITCH AND OTHER IMPROVEM ENTS FOR THE ALLE N FILTER PLANT IN THE AMOU NT OF S1 06.115.00. Mayor Woodward asked If there was any d,scussoon Mayo, Woodward said I have a qucsuon w,Ih rog;,rds lo !he leller lrom lho lnlcrnal,o."lal Pov,or SySIP.ms Inc '"·'-
11,011 b1<J iust an opuuon from u,e C,Iy llllornoy, beca use ol I1\o way Iha! lh1s was prcsenled. ,s lhere ony
problem w,Ih lh,s? Do we percerve any habi1Iy or shou ld wn ,o,btd?
CIIy llllorncy Orolzman said lhe answer Is !here was confusion and 11 was on !he C1ly's part (OL have
acccplcd !he lowcsl acceplable btdoer, so you can move forward w1Ih ,1 Mr Woodward said okay Mr
Orolzman said !his company IS certainly not happy aboul ,t They lhought they v,ero lhe lowesI btd and they
wore at the bid opening They have been ,~formed about 1h15 They arc srnl unhappy. but they understand lhal
someone else underbid them.
Councol Memoor Jefferson said will we respond lo th,s letter? Coty Allomey Brol7man said yes. we can Mr.
Jefferson sa,d I Ihm► we need lo Mr Brotzman said sure
Mayor Woodward asked If !here were any further quesllons or d,scuss ,on There wore none
Vol o rosults :
/lyes Co11ncll Mcmbors Penn, McCashn, Mnore, Woodv..ird , Jefferson,
Wilson . Oakley
None
Mayor Woodward smd lhnnk you Siu
t) Ge neral Dlscus•lon
(a) Mo1yo(s Choice
(1) M,,yor Woo,lw,ird srnd rroday I nnnnded the CML workshoI1 on lho roles of lx~nds and
co111n11q•;orI11-. I ,1111 rc~l ly proud lo say Englewood lmd lho I11ghest anondance II w.,s prolly ,1111,1111•,i II was
nmyl,c double c,t ,,ny olhcr c,ly I wan! lo lhank those voh111lcers and all ol lhc bonrrl~ :ind con11111s • ins
nwcnh•'" for I,.1<I11q tho add1I10n.1I '.,mo lo support and ,nacase thew knowledge and fo, '"l~IOClu,g ,u
.tJIIUlltlfllly
M Mayor Woodward sa,d I wan! to remind everybody Iha! 011 !he )4°". :,11c,;i~1y, I Jt•
., on ...,., 11.,v,• ,1 nMs•:mg w,11, the l1111CIon City Coonce!"' lhe L~llelon Con,mumty R•••on "'''"'"Coty Hall. 27)5
w, .. ,t llt~11y Avcu11111 to d1~,;•1','i U\e Uoo P101cc11on Ocstgn.ttlon S11111rn.uy and rccrn111tl4''' t,1hon•. rot the Soult•
l'L111u U1v1•1
(01) Ma ,.• Wooctw,ud sa,d llns Iusl crnno lo 1110 ~,Iu lh>s allcrnoon would Counc. cnterta,n
., f.poc1al Council Mocllng 1111 /l~rol 26111. Iusl prlo, lo our Sludy Sess1011, wolh a second rcJd,ng on May jth lo
1hbr.11ss un cmoruoncy moru to1111m on l>oord1ng houses, 11111d o correct 1vo u1U1m111co can l,o l)10,1ghl ro1wi1 rd
ltnc•cgh lho Plannmg and Zonu,g c,imm,ss,on to C,Iy Counc~? This would nol nlfocl any o•l•llng hoarding
htlCIses, only somclh,ng the,! may come up belwoon Apn118lh and Ille end ol lho moratonum Of oor dcccslOfl
, Illur f'lnn11111g ond Zoning rov10'NS ,t Is I here o mollon lo supporl Iha!?
COUNCIL M EMBER MCCASLI N MOVED, A~O CO UN CIL MEMBER MOORE SECO NDED, TO HOLD A
SPECIAL COUNCIL MEE TING 0~ APRIL 28, 2008, PRIOR TO THE STUDY SCSSIO N, TO CONSIDER A
rmST RC I\OI NG 11~0 WITII A CONSIDE RATION OF A SECOND RE ADI NG ON MI\Y 5, 2008, TO [IISCUS S
/IN rMrnGrNCY MOR ATORIUM ON OOARDI NG HOusrs
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Eni1lewood City Councl! April 21, 2008 • Page11 Mayor Woodward asked ,r there was any discussion on th is Council Member McCas l,n sa id yes . I was go ing lo bring ii up !n my sessior.. but I really believe we have some egg on our face We 're giving citizens, who are asking for ou adv ice eit her through Council or through the City , on ways to handle these Issues and then they come up and it Is totally different from the direction they 've been
given . I've had some calls this weekend , and we have a lot of upset res idents over this I foci bad because I
th ink everyone on Council felt the same ... that th is was heading in the right direct ion and it didn 't head In the
right direction . So , I just needed to speak my piece . I am very upset about this , because it Is to the point , aga in,
where peop le might move from lhe area because of decisions we have either given the wrong direcbon or, or we
made the wrong decisions on . II is loo bad that we are losing peop le like this . I just .. I feel really, really bad
about this .
Council Membe r Je fferson said C.)Uld you repea l exactly what motio n Is on the table?
Mayor Wo<..Jw 3rd said would Councrl enterta in a special Council meeting on April 28 , with a second reading on
May 5, prior 1, our Study Session , to discuss an emergency moratorium on b\larding houses until a correct ive
ordinance ca •-•,e brough\ forward through the Planning and Zon ing Commission to City Counc il ? Th is would
only affect an ; ,ew boarding houses and not any existing boardi11g t,ouses, as they are now.
Council Mem ber Moore said so . Just to clarify , the motion Is merely to have a Special Meeting to consider
whether or not to pass it on first read ing .
• Council Mem ber Jefferson said It sounds like someth ing we need to discuss
Mayor Woodward asked if the re was any other discussion . There was none .
Voto re sults :
Motion carried .
Ayes : Council Members Penn, Mccaslin , Moor Woodwa rd, Jefferson,
Wi lson , Oakley
Nays : None
(b) Council Members ' Choice
(i) Council Member Penn :
1. f'P. said I would like to know w.,at are the types of :terns lhat are being sent home to the Council by
ema il and is there a criteria for these emails an d Is that be ing followed? Th is Is In regard to th ings that are
happen ing In the City and who makes the dec ision as to wha t Is sent home to us and what is not sent home to
us?
2. He said I really urge the people from Kent Place to check with the people ar ound them , because I know
they are not very happy . I don't know if I can support "i5 motio11 at all when it ccmes forwa , J.
(ii) Council Member McCaslir, said I ~ave a Counc il Request There was an Issue about
the parking aro;nd the Post Office near Maddox , on Leh igh I know this has come before Cl)unci l, in a Council
Reques t, a~1 I would just like to know what the status of th is is. Has anything bee n done? Have there been
any update;, regard ing that situation? We haven 't heard anything In the last six months . Thank you .
• Mayor Woodward sa id I can address some of that Counci 'v1ember McCaslin said okay .
Mayor Woodward sa id I had ema il s from Theresa , who was communicat ing with Ladd , I be lieve , throug h lhe
City Manager Ladd went out and rrrel wrth Theresa on that and I th ink there wtJre a nurnbe r of people that
wou,un ·t sign the pet itions . two people who wou ldn 't sign the pe trt,ons This was regarding gett ing srgns up for
Englov,ood City Council AWll21 ,2008 Page 12 ,,,~~1~1111.,1 r,11,ing only I ao h.ive those em;11 s 11,,1 I t,,n bring In ror the Cow1ci1 Rrq11I•~I I tlon I know d they h,1vi• ,,II <Jene through you City M~nngor Sears said I don 't really know Mnyor Woodward said there•~ ,I pretty gOOd p,Ir,cI trail on thal (111) Council Member Oakloy He sa,d I rece,vcd a phone call r,om the couple thal owns the duplex at the corner or Delaware and
Tufts I'm sorry I've lost the note that has the11 name on 11 I'm sure you recall that sItuat10n when they came
oofore Counci asking for reHof in doing somethlrig to the" PfOperty and they were trying to get support ror sub-
d,Vldtng The trouble w,th ,t Is that lhcu lot ,s 75 root She solicited me ror suppon again to come back and try
u~,t ,,grnn and I had 10 mr0<m Mr that I would not support that much of vanance 11 11 was even poss,ble. that I
woutdn·t support dM<l,ng the 75 reet tot ,nto two 37 root tots for that kind or budding., R t I oo,n know whelhef
~he plans on coming back to us witll ,tor not, but she al least knows my standpo,nl on 11
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2 He said I anended a DRCOG meeting last week n go Uuough these qwck Most of the tnne t don't
have anything to report back that Is of any significance and these might not be e1l11er, but I thought I'd al least
hnng you up to date on a couple or things Each month, when our lawmakers are ,n session, we got bills that
me coming up, both House Bills and Senate 13,lls DRCOG takes a pos,toon, or storr recommends a posIt10n. to
tho hoard on whether to support or not support or maybe approve with amondmcnts Tho trouble with lhese
!lungs ,s they move so fast. when they are In sossIo n. that by the tome they go througI1 the cycle, lhoy mean
010t111n9 somoIImes I know I tirought one up here awhi le back about the Stole wonting 10 give bock Sl ate
l11ghwoys pul the burden back on tho c11Ics Council did go on record os d1sogreeIng w,lh thol llut most of the
t,mc lhese bolls are mov,ng 01 such a pace or being amended so ~.any times. that they mean nothing when they
9ct to us I 1ust wanl•..d you to know that's why I don't bring very .nany of u,oso back to you , because ,t Iust •
nocsn t make sense to do so
f ne secood thong IS sup,o,t for the T ranspo,toti<>n Oluo n,bbon Panel nepo,1 and funding recommcndallons ,n
rek1t10n to transf'<>rlat,on It IS tho Govern0<'s Transportat,on, Finance and lmplementat,on Panel that he has
DflPQ111lcd They come up with some rocommcndat,ons They run them by DRCOG I can teft you what some
of the revenue sources m,ghl be ThOy a,~ •rooking for 1 5 b,lhoo d<>ilars to fund p<Ojccts and some <>I these, I'm
,w,t oven quite sure or what they mean. llecouse they d1dn t give us any dctad on them . but love of the revem,e
~m11ccs wore i ncreased mmnto11a11co fee~. increased fuel tax and we oft know what that's abcl1I, new dn,ty
v,~1 I0! roes, ,nr.,cased sales .111d use lax and increased severance tax Now, lh~so are things that ti ,y are
fl"'l10Sll10, there w,I1 be a lot more act ion on lhem, I'm Sllle, but one of the lh,ngs that DRCOC docs 110 ,n that
•~tInrd ,s IIHngs llko one ol their statements would t10 It ,s rurt11er resolved thal DRCOG bcllcvos thnl 11,ere Is a
so 11011s need for, nn~ ,s w,thng to participate 111, a comprehe nsive statewide pubhc education and odviso,y
r.rnnpa,gn lo ensuro Coloradoans understand the depth or the problem and the long term lmphcallons or
nr•qlf'ct 1ng Ollr State's transportat10n rystem Of course. that affects us directly because we have many Sla te
h1•1hways Iunm11g through oor City and we work with the State on many p101ects So, these kinds of things are
ccita,nty g<>rng to :,llcct us I'm sorry I can·t 9Ivo any mo,e dotad. bul ,t w,11 be comu19 back befo,e DRCOG I
t~•l•••c ,n M ay anc: ,r there ,s any more 111roun;it1on that I cm, govc. ra 9,ve ,t to you at that hmc
·1 I le s.,od th,s ,r '.•1'1 of a conco,nmg thong It says look1n1 forward to Colorado's physical prO'ipects alter
f"'1i,u•1Klum C It yo<r wil romcmhor 10 Novc111bo1 100S, CotQfado votms p..,sscd l~oforondum C OIVllllJ Ille
!,I,nc o l,vc y•ar l101oou I horn tho ,cvonuo l11n1ts csiali11shqd by the Taxpayers ll~I or flights. commonly known
, ,s I1\UOfl 1 ha t w,11 run through io t I, but already they are begInn1119 to wcndor what lhOy are going to do
whon tlmt ckp,res They are say,ng, this one patt,culor InstItute, the llctrs Palsy Contor, this lady gave a
p111•,I•11I,I11011 on lh1s Sho said Referendum r; has allowed the State to rctrnn more th.in t bill ion ,n revenue
1•.ir.t, yu,11 rven so. mosl ma,or stole program5 have not returned to tile lcvots or service olto,ncd 11nmed1ately
I" 1111 111 llm :>OO 1 nnd 2003 downturn Nevertheless, ?007 ,s probably os good ns It ls going lo gel T11ere w,11 be
no h11!111•r IpcovcIy or service levels from Rerorondum C In oth er words, llc,lwo11dum Chas almost played
1t•,11II u11t hy now, even lhougll we will st,11 have the advantage o r 11 for Ille nux t lwo or two and a hall years, It
1•,11 t '"'''"t to 1101 any betl~r than ,twas 111 2007 So. lhoy me working <>n tt,at now to see what they can do about
,t '""' ,., you 111111111 have heard u,aI lawm~k~% 11,0 II011,c ~pcJke1, Ronmnotl. hos brought up a proposal to
"• I '" • '"" II Ill) ,100111 '"""" of lho 1 /\llOll ,,,.,,,,c .. 1I, ·"'" •,hU lty lo st,, k w,tt, ihf' 1ntenl or tho b,11. that IS the
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Englewood City Council April 21, 2008 Page13 Iaxpayers can sllll vote on tax increases So, there Is movement afoot to try to maybe extend the timeout on the TABOR , or 10 modify ,t to stay within the original lnlent, but to give us some more relief so we can do something about that. I'm sure you'll see more stuff coming forward on this (iv) Council Member Wilson 1 She said I wanted to echo the Mayor In saying Planning and Zoning does a gre~t job What a aed,cated
and committed group of citizens. I also want to give kudos to Tooa, because I know she leads them and gives
them a lot of inf01111ation. I think that il's huge I see that lhey work way into the nlghl I think that Is great
2 She said, as a C~y Council Member, I feet that I need lo be aware of wnars going on In the City aod t
need lo know befo,e atizens know it or are asking me about it I think that rt's Imperative I think thal it's
ompe,abYe that we are giving our atJzens the nght Information and that we know what that ,s As far as this
boarding house issue . I think rt went hombly wrong
Mayor Woodward said do you mean the communocalion on that?
Council Member Wilson said yes. Communication and the co,nmunication in general when somelhlng happens
In the City and we're not aware of 1l
(v) Council Member Jefferson:
1, He said I hosted a Business After Hours last Thursday and I just wanted 10 say that I'm really optimistic
about the revival of the Englewood Chamber Folks were optimistic and pleasant and the business community
Is being able to co,nmunicate, so I'm just thankful that that's taklng place and opt,mfsbC for the luture
2 He said I wanl to thank Tom fo, shanog his thoughts on the trash issue
3. He said, regarding Bates, I'm just elated lhal we got a chance to finally s,t down wrth Ed and Bryant I
think it's really important to have them at the lable, and hopefuly, we can wO<k with them and staff to get some
lang1ble numbers, so we can aid ourselves In making that decision. So, I'd ask slaff to be dI1tgent m following up
with them to make sure that we get the ballpark numbers. In a so,newhat timely manner. And I also ask Council
to be patient with me as I'm new to this, I haven't dealt with this issue probably as long as the resI or some of
the other folks on Council have and I Just ask that lhey remain patient and open-minded whi le we go through
lhal process ... decision making.
13 City Man age r's Report
(a) City Manager Sears said I just wanted lo let you know lhat the auditors w,11 be here next
Monday It Is a very important annual review of all of our finances If you could bring the Comprehensive Plan
next week Again, they are independent auditors They looked at all of our accounts, all of our slafflng, any
issues that may have come up wrlh the City, which Is a ma,or corporation. They win be here to answer any
quesbons Councd may have about our assets o, our def,clts o, where we are r,nancialy We reany oon't have
any def10ts that I can see
(b) Ctty Manager Sears said we have a Sc:llooVC,ty meeting tomorrow atternoon. at 4.30
pm
(c) City Manager Sears said I passed out some good information, to Council, about awards
thal t he c,ty rece,ved Again , the City received word lhls afternoon that we received National Awards for The
Aquatic Progran,, ranked fifth in lhe country, the Top City Parks and Recreation Aquallc Program ,n the counlry,
and Iha Top Aquallc Program in the Slate of Colorado I ca lled Jerrell, just to let him know thal I was going lo
read Iha! tonight He was not aware of ii al 4 40 pm lhis afternoon, so this is hol elf Ihe press ll's incredible
lhat the City of Englewood would receive Nallonal Top awards for our aquaIIcs program It's amazing I lhoughl
It would be really ,mportant lo bnng ,t up tonight
E119lowood Coty Couo,col Af)rot 21 , 2008 Puuo 14 14 City Attorney's Report (a) C11y Allorncy B1011111w1 sa,d nex l Monday I w,11 be sIt1ong on a panel, Iha C,ty Managor'r ::anel, Im 1110 soIcctIon ol the L,11Ie1on Cdy Allorncy, so I w,11 he 0111 all day Monday, bul I w,11 be hero for Ille mcebng I!, Adjo 11rnrno11t MAYOR WOODWARD MOVED TO ADJOURN The meollng adIourned at 8 46 p 111
Deputy Crty Clerk
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• Call t o Order ENGLEWOOD CITY COl1NCIL ENGLEWOO D, ARAPA HOE COU NTY, COLORADO Spe ci al Meeting April 28 , 2008
The special meeting of the Englewood City Council was called to order by Woodward al 6 21 p m
2 Roll Call
Present
Absent
A quOfUm was present
Also present:
Councd Members Jetlerson. Moore. Penn, Oakley, McCasHn, W~son,
Woodward
None
City Manager Sears
City Attorney Brotzman
Deputy City Manager Flaherty
Deputy City Clerk Bush
City Clerk Ellis
Fire Chief Pattarozzi. Fire Oepartmenl
Emergency Management Coordinator Green, Fire Depnt:nent
Senior Planner Langon. Community Development
Police Commander Watson, Police Department
3 Ordinances, Rnolutlo n and Motion■
(a) Approval of Ordinances on Aral Read,ng
5b
(I) City Attorney Brotzman presented a recommendation to adopt a bill for an emergency
ordinance authorizing a moratorium on boarding houses in Englewood. He said you now have a corrected
version of Council Bil l No. 24 In front of you. The corrections from the original vers ion Is thal we added
eme rgency In the lllle and the emergency provision Is added to Section 1. So, this becomes an emergency
ordinance that will take etlect Immedi ately upon fina l passage , after second reading on Mays". Generally, this
ordinance Is addressing boarding and rooming houses. There currently Is a problem In lhat there Is no definition
of boarding and rooming houses, which we found oul through a municipal court case. This puts the loplC on
hold so the Planning and Zoning Commission can forward recommendations to you and then you can take a
look at those' new provisions lhal will be provided for boarding and rooming houses
Council Member Moore said my underslanding ,s that essentially no boarding house is In exlslence as of today.
April 28, 2008 This would prevent them from golny in, unless they are ultimately pennlled after the moralorium
Is up. So Dan . even tho~gh we don't pass this until second reading, we can use the Apil 28, 2008 date,
eotrect? City Attorney Brotzman said they should actually be aware tonight, upon your :>assage of first reading,
not to rely upon the provisions of the Code whe1e there is no definition.
Council Member Moore said, related lo this , as we enter the moratorium , I would hke to ask stall to figure out
how to access how many boarding houses may exist. My Impression is that we aren't 1,ware of any current
boarding houses out there, So, as we figure out what we need to do, as we come out of the moratorium, we
need lo understand, ,f there are any uses. So, I would hke stall l o pursue how 10 do that. I'm assuming lhat
there may be so me need, ii there are any boarding houses, for them to self-Identify Ard on a related note, I
would like to understand If a boarding house would be a commercial property. what building codes become
partlcularty relevant to a commerci al property such as that. as opposed lo ,tit's Iust a resldenllal use?
Englewood City Council April 28. 2008 Pa90 2 COUNC IL MEMBER MOORE MOVED, AND COUNCIL MEMBER PENN SECONDED, TO APPROVE AGE NDA ITEM 3 (a) (I)· COUNCIL BILL NO. 24. COUNCIi OILL NO 24, INTRODUCED BY COUNCIL MEMBER MOORE A BILL FOR AN EMERGE NCY ORDI NAN CL ESTABLISHI NG A TEMf'ORARY SUSPENSION Oil MORATO RIUM ON THE ESTABLISHMENT OF NCW ROOMING OR BOARDIN G HOUSl" USES rQR A PrRIOD OF SIX MONTHS
Mayor Woodward s.iid so we have a motion to approve Council 0,11 No 24 with two cono,t,ons lhal 1s for stall
to determine how many cur1en1 bo~111,ng houses 0•1s1 as of today and any other codes bu1kl1ng codes
etcetera that may be relatud 10 boardNlg hOuscs
Counctl Member Moore danfllld that 11 ,s not a condition on the mol10n, rt's Just a request 101 addrllOnal
info,maloon
M,1yo1 Woodward asked ,I 1111:re was any discussion There was none
Volo rosufls:
Motion camod
Ayes Coun~,I Members Pen n, McCashn, Moore, WOOdwmd. Jellerson.
w ,1,, , On~ley
Nays Non~
Adjoum monl
MAYOR WOODWARD MOVED TO ADJOURN The meebng adJOUmcd al G 7G p on
~t 1tl~
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-$ Greater Englewood 1fl .. nl1tt11f ('(Mnllll"m" Business lmprove mcnl Dl~lricl &
Greater Englewood Chamber or Commerce
•:aglewood Sale Day
\.J BROADWAY\ illOPPIH6 i DISTRICT
TI1c Englewood Business Improvement District (BID) and The Gre:!ler Englewood Chamber Of
Commerce (GECC) have joined together lo create "Englewood Sale Day" in an effort lo further
economic prosperity in the Broadway Shopping District from 1 lampden to Yale on Broadway.
Action Plan
I. Lions Club lo work with the BID lo inst:.11 nag holders in front of as many businesses
as possible.
Goal: 50 -75 Flag Holders Installed
(20 -25 already exis t for use on Holidays to 0y the American Flag)
2. BID to order 50 -75 Englewood City nags to be used for "Englewood Sale Day".
Sale Day to be the last Saturday of every month . Small placards 10 be placed in
each participating business front window explaining the monthly sale.
3. Worlc with the Ci ty of Englewood to ordinances to include the ability of th e BID to
create their own Sale Day nag 10 be used for "Englewood Sale Day".
The positive effect of the nags nying outside of a varied group of businc:sscs on a specific "Sale
Day'' each month will allrnct shoppers nllention and sbow any future bu~i ness owners that th e
Englewood Business Communi ty wi ll work together lo promote cacl. other ma positive
cooperntive atmosphere.
The Greater Englewood Chamber Of Commerce supports the Business Improvement District
Board in achievi ng this plan and working together with the City of Englewood on other positive
ideas to rcvuahze and further Englewood's economic growth along Broadway.
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PLEASE PRINT
NAME
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PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED VISITORS DATE : May OS, 2008
UNSCHEDULED VISITORS MAY SPEAK
FOR A MAXIMUM OF FIVE MINUTES
ADDRESS TOPIC
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~ liMcr ~ ht) or. c,1,·,·mccl mcmhcrs ,1r the cit)' council. I hank ) ou for gi1 ing ll' the opportunil) 10 prc:,cnl here 1his c, cning. \\ c arc here Ill rcaflinn 10 the ma)or. the cnll c cit) council , nnd spccilknli)' ,,ur diMricl rcpre,cn1111i\'c nn 1he cit) council. Joe Jcl'Jcrs 111. that 11c arc 1101 in support of the boarding house hcing tun on 3029 S. l'carl Sm.-ct. I s1aml here in snlidaril) 1onigh1 11 i1h muni or Ill) ncighhors from lhc .\IJOO hlod or Soulh l'c:irl Street and Cornell S1r,-ct. Rchind me ,1rc: Anne und Miguel Droke ol' 1009 S. l'carl Strcel Ron and Robin Noffsinger or 3031 S. Pearl <;1rec1
Rand) Jud..JwL\_lw: ___ .,f3010S, Pearl S1rec1
Chris Carn1an of3032 S. !'earl S1rec1
Bill and Jane Sigler of 555 I:. C orncl I /I, cnuc
tfld,~ ,.J A~¥/~ G•v" J. ;nS { ftp/ '>.lrcJ1
Each of us arc ,·er)' concerned about the prcscm nnd future imrac1 1ha1 1he lxiarding
house at 3029 S. Pearl S1rcc1 has on our community.
At the January 7 Cou ncil meeting. Ms. llnrtnick presented lhc council wi1I. a pc1i1ion
sii:ncd by panics that supposedly had a vested in1eres1 in this iss ue. Upon farther
invcs1iga11on. 111ums oul 1hn1 mosl of1hc r--oplc signinii lhat pclilion don·, even live in
lhc ci1y of Englewood. /Ind !hose lhut do live in 1his cil}' do nol live on the block that is
lx.ing imrac1cd h) the boardinii house . II did nol take a iircal dcul of cncrii) •1r
con•milmcnl to sign 1hat petition. and 1hose 1ha1 signed it do not haven vcs1ca interest in
our lOn11nuni1y
In conlrasl. take a look at the people slanding behind me tonigln . We arc the concemcd
neighbors 1ha1 arc being impacll-d by 1his boar,:ing house. We could hnvc all jus1 signed a
pc1i1ion and presented ii lo the city counci l. ~JI inslcad we invested our lime. our energy
and our commitment and took ii uron our~~lves 10 come 10 the council mccling l<>nighl 10
share our concerns. express our grievm,ccs ;;,.,, J.lk you. 1hc city council , for you r help , Is
1ha1 not 11hnt a representative dcmocrnc) is all ab<>ut'! i\nd we arc here tonighl asking lur
assistance from lhc people who II ere elcclcd 10 rcprescnl us. rcprcscnl our needs. our
liuni lies. and uur communi1y.
/Is many or .mu probably mncmbcr. I ,pokt to the city council on fonuary 7'11 ahoul
some of the,~ concerns. I wnnt 111 t,1kc 1his opponunil) 10 rcitcmlc my conccms nml nl"'
bring fonh some nddi1ionnl problems lh!ll have ul'isc n in lhc pasl few mmuhs .
Fir..l and forcmrn,I I would like :ipplm1d 1he cily rnuncil for plucing u six monlh
moru1orium on the construction of any new boarding and rooming hl'l1scs in our
community. This is the lir..t step in 11h01 "ill hopefull y be a change 10 1hc zoning c,><lc.
l'ka,c Jllo11 me .1mu11wn110 1al~ al'kHII 1011111g \\ hal b 1l1c p11q'k1,e of 11111111g ,mJ 11h} should ii he c111i,rced '! 1\cwrding 1<1 I iuc Ir, of 1hc l:11glc11uoJ ~tunicip:11 Code 1he "I 11glrnc'k1d t lnilicJ Dcwlopmc111 C,Klc." Ch.1p1cr 3. Scc1ion 2. "One uflhc goals of1hc Cil} is 10 enl!luragc a 1anel} ul lwu,mg l)('CS Ill mccl lhc n,-..-d, of diOi:ring income lcwls and ,ar)ing l'amil) s1ruc1urcs. I he rct:ul.uions for lhcsc di,1ric1, f/.oning dislric1,1 arc d,-s1gncJ 1u ,1abili1..: anJ pmll'CI 1hc e~111ial charae1cri,1ic, ol 1he dis1ric1s . .and h> promo,.., a compa1iblc ncighborh,~,d cn1 imnmcn•:·
Chap1er .l. Scc1io11 2A goes on 10 spc:1k spcci lica ll y 10 R-1 zoning. s1u 1i11g 1ha1 R-1
zoning is designed 10 be "Single dwel l in)! unil residen1ial dis1riC1S ... Mulli-Unil
d11ellings are nlll ullo11cd in 1hesc dismm."
The sp1ri1 and inlenl of zoning la11s and n·gula1ions arc clear!) luid oul in 1hcsc "-'Cl ions
oflhc Englewood llnilicd 0el'clopmcnl Code. Zoning is "designed 10 Mabilizc and
prolccl lhc csscn1inl characlcrislics .•. and lo promolc a compa1iblc neighborhood
envimnmcnl."
Tb,., csscn1..al charac1cris1ics of our nci ghhorhood. zoned R-1 ·C. ure hcing undcnnincd
anJ vu,1111--d by lhc boarding house which has invudcd our communily. 1\s I 111cn1ioncd
when I lusl spoke lo lhe cily council io January. my \I ife and I were 1•cr) in1en1io11nl
abou1 where we boughl our lirs1 home four and a half yc:irs ago. We spcn1 mon1hs
researching diO'crcm neighborhoods and inking wnlks in diffcrcnl neighborhoods al
dilTcrenl limes of1he day and nighl 10 sec 11ha1 lhe in1rinsic d1arac1cri,1 ics of1hc
neighborhoods were like. This led us 10 he l'Cry delibcra1c abou1 where we purchased a
house. and we op1ed 10 buy in a ncighhorhood 1ha1 was 1oncd R-1
There ,wrc a plc1hora of reasons fo r 1hn1 , bul the higgcsl :111d musl impor10n1 reason is
Ihm a neighborhood 1.oncd R-1 is more li kely 10 h,11e liunilics. a sense of pcmmnencc.
anJ a lruc cummunil). \Ve knew 1ha1 we \\!1Uld nclUally gel 10 ~nuw uur neighbors and
fonn a communil) "ilh lhem if \IC \\Crc abk lo bu} a house in nn cs1ablishcd
neighborhood in an area ,,,oncd R-1.
We could huvc paid less for a house. ur gnllcn a higgcr house if 11c hnd hou11h1 4 blocks
lu lhc Wc,1 on Shcnm111. which is inned R-2, nr 5 blocks 10 1lw Snulh on Ci irurd, zoned
Mixed Use R-3 . Bui ins1cad we 11:uucd 10 lil'c inn fomily ncighhnrhnod 1h111 hnd a real
sense oi' com111uni1y. so 11c boughl our lir-i house on l'curl s1rce1 in 1111 urcu zoned R-1.
We assumed 1ht11 mcnnl 1h,u we would never h:11c 10 lilc ncxl 10 un opar1mc111 building or
hoarding hou,e 11i1h n lransicnl populalion and incr.-ascJ 1rallk
The Bartnicks h111c viola1cd the in1cn1 and spiri1 of1he la11 h} creeling nnd ru1ming a
boardmi: house in our neighborhood . I hi:· has lmd J muhiludc of impacls on lhc
community of 3000 Sou 1h Pearl s1rcc1. I here has been increased 1raflic und on-s1rect
parking. people coming and going 111 all hours of1he niglu. and ti genera l change in 1hc
look and lce l of 1hc nei ghborhood. undermin ing 1hc "<•sscnliul churu c1cris1ics" nf 1hc
ncighhorhood and disregarding the purpose of ,onmg to cr,:ate a --comp:uiolc neighborhood cn"imnmcnt"· as ddincd h) the uni lied dcwlopmcnl code. rhc 1cmpora11· rcnt,:rs at 3019 S. Pearl street ha1 e made mi dfort to gel 10 know their community ur ingratiate themsch·es to their neighbors. "111c 11artnids a<lwrtisc on their "cbsitc. and I quote ··No lease agreement required. Month to Month. $600.00 per person" This has sev r rc implications for the nuturc of our community and our neighborhood . The)' arc iO\ itiog a non-permanent. transie nt population into our neighborhood. They arc
not requiring a lease agreement und not performing background ch,-cks on their tenants.
Yet they real ly have no control ove r these tenants. This undermines the very 11ature of R-
I Zoning.
I would like 10 ask the counc il members. the mayor. and ot hers gathered here if they
would want to live next door to u house with a transient population? Would you feel snfc
at night knowing that in the house next door live people with no tics to the community
and no interest in gelling lo know their neighbors'?
Another issue related 10 this is the wautun ~n<! wiiirul disregard for the law that the
Bnrtnicks have shown throughout this process. i\s they were building I heir house. they
stated that they were hoping to --ny under the radar·· of the city in terms of running their
boarding house . Now that it is out in the open, 1hcy con1inue to openly disregard the low
and disrespect 1hc spirit and intent of lhc law. despite the fact that lhc neighbors and lhc
city ha,·c brought these concern s to their nltcntion.
The Bartnicks have disregarded the designated purpose of a neighborhood zoned R-t .
E,·en though they found a loophole in the law and jumped through that loophole, this still
demonstrates a desire on their part to knowingly and willl'u:ly violate lhe spirit and intent
of the law. if not the letter of the low.
Another law that the boarding house al 3029 S. Pearl Strec1 is actively, 1olaling is in
creating the required number of parking spaces for a boarding house . Title 16. Chapter 6.
Section 4F expressly states that for a rooming/boarding house. "I olT-strcct parking space
fi.1r cnch guest bed. in uddition lo the one-unit dwelling requirement.'' And the one unit
dwcllirg requirement specifics !hat there must be "2 spaces per each dwelling unit" ll1i s
means that the Bartnicks are required by law to hn,c 5 olT-sireet parking ~-paces. These
requirements. accord in g to Title 16. Chapter 6. Section 4 arc lo "prevent or ullcvia1c 1hc
congestion of public streets. to rninimi,.c any detrimC'nlal effects of parking and loadin&
areas on adjacent properties ... and to promote the ;;afe1y and welfare oflhc public ."
Our street has become congested with exlra cars due to the operation of this boarding
house . II has created dctrimenml cff.:c 1s of parking on adjacent properties and has
undcnnincd lhc safety nnd welfare of the public. If the Bnrlnick s arc going to declare
thcmscl~es u boarding house . then they must fullill all of the requirements of a boarding
house including 1hc creation of paved olT-strect parking spaces. I ask the council lo plc-.ise
fon,ard this nn 1hc Community Dcvclopmen l for follow-up.
In addition. The llannic~s \Hole me a letter encouraging me to open an illegal business in Ill) O\\ n house . I ha\'C copies or 1hc letter that I would like to share "ith the r ouncil. The leucr once again dcmonstrals'S the wanton and willful disregard for the la\\ \ simple reading of !he Municipal Code males i1 clear that I canno1 run a s1ore out of 1he back ul m~ house in an area zoned R-1. but as you will read in the leucr. The Bartnicks arc encouraging me 10 ,,iolaie 1hc law" i1h 1hcm. This raises some serious concerns as her neighbors. lf1he Ilartnicks choose 10 disregard
the spirit of the la" related to boarding houses in R-1 1.0ning and the letter oftlic law
regarding required parking spaces, what laws will they disregard next'? This slippery
slope puts nil of her neighbors on edge and at risk.
Island here in solidarity with my neighbors and implore 1hc council 10 take action on
this. Please \\Ork with us 10 restore 1he sense of community on Pearl street and help us
take bock our neighborhood.
March 10, 2008 Dear Greg and JessiCl! I wa nt you to know that I forgive you. Maybe It Is easier ll> start with forgiving the ones who resisted the conspiracy rather than the ones who started It, but I want you to know that I ha~e always believed and hoped that we could one da y be friends. As you probably know by now, we are all about community. We are not almlnals, and
despite the tremendous expense to us of this neighborhood's meanness, we are
perfectly within our rights In this neighborhood zone to have a rooming and boarding
house.
Something really good has com.a out of all the research and trouble we've had to go
through, In tact, many very, very good things, which 1 believe shortly wlll make
Englewood one of the best oommunlt!es In which to live -, perhaps for that very
reason a1one, I am happy to forgive you.
You guys have, hands down, the cutest property on these cross streets. As they say In
re..l estllte, It Is .b:a~ loallon, loatllon. But, what you have done by enclosing
you r patio, and then all the landscaping In back, Is simply fresh and relaxing.
It has gotten my aeative adrenalin going, and I Just want to share with you an ldeb that
cou ld possibly make you a lot of money and be a contribution to this neighborhood as
well.
When I was a kid, my parents forced us to go to a :,rtvate school In a big old college
that looked• lot llke Loretto Telkyo Heights. One of the out bulldlngs was a quaint little
house which was my favorite of all the buildings. People often went there for luncn, and
we Just called It •the store•. It had an old wooden bar with bar stools, and It Just had a
few tables silting arou nd Vl1t!h games In the corner.
Behind the bar, there was a wall of candy bars, chips, and cans of soup . There was a
mlaowave and lots of sllly unmatched cheap bowls. We could go In and buy a can of
soup for a bud!, a candy bar for $.SO, and sit down with our friends for a half hour.
My favorlt.e restaurants her«! always been those which were situated In a house rather
th an a strip ma ll.
Recently, when I had to take the light ra il from Evans, there was a property under the
overpass which I used ~ dream about tumlng Into an Ice-cream / sandWlch stop, and
I'm certain that that Ii stlll a money making proposition for someone with some capital,
right there at the Evans light rall.
Then, mv cousin and her little family llve In Loulsvtlle, which has been heralded as the
best place to raise a family In the US (last year). They have a llttie area In a park which
they section off In the winter and use as an Ice rink . It's a real family getaway, and all
within walking distance from anywhere In tl1at town. They sell cocoa, pop, coffee, hotdogs In the winter. If I had the slightest In terest In business or could cook a lick, I'd open one of these types of pieces. A pie shop, or something, and If I had your property, I'd do It there because you are right on a park, and your place is so cute. Anyway, I believe you could do that kind of business here In our zoning by right, If not then by special permit or license. I'd help you. I simply want to live In community
where people feel safe and happy to walk oor streets a~d to talk with each ,,tiler. Make
It a cigar bar If you want. Just think about It. Any kind of community gathering place
would be terrific. I hope you grow rich and prosper from all the good things In life.
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PROCLAMATION WHEREAS, each year the City Council of the City of Englewood, Colorado honors a Citizen of the Year who has made significant contributions to the community of Englewood; and WHEREAS, Olga Wolosyn, who sel'\ ed on the Englewood City Council from 1999
through 2007 and led the City as Mayor from 2005 through 2007, devoted herself to
ensuring Englewood's place as a vibran~ healthy, and well-rounded community; and
WHEREAS, Olga gave generously of her time and energy -not only to the City of
Er,glewood through her service on City Council and a variety of other boards and
commissions, but to a host of important causes, and she was a driving force for the arts in
Englewood, working to integrate the arts into Englewood's dassrooms, volunteering
countless hours in the school district's art programs, and serving as a founding n,(!mber of
Englewood Arts; and
WHEREAS, Olga's efforts and accomplishments had a profound and far-reaching
impact on the City of Englewood and the entire region; and
WHEREAS, the Englewood City Council wishes to honor Olga Wolosyn fo, her
many extraordinary contributions to the City of Englewood and for the positive im~1act she
had in our community;
NOW, THEREFORE, we, the Ci ty Council of the City of Englewood, Colorado
hereby take great pri de in nam ing
Olga Wolosyn
Englewood's Citizen of the Year for 2008
ADOPTED AND APPROVED this s• day of May, 2008.
James K. Woodward, Mayor Joe Jefferson, City Council Member
John H. Moore, Mayor Pro Tern Bob McCaslin, Oty Council Member
----w:iyne Oakley, City Council Member
Randy Penn, Cily Counci l Member
Jill Wilson, City Council Member
Is it a stroke? Check these signs FHST!
Act fflST.
Call 9-1-1 at any
sign of stroke!
face 11ml factors for stroke Min l-strolces. (transient lschemlc anacks or TIAs) When stroke symptoms such as confusion, slurred speech or loss of b.tlance appear and disappear, call 9-1-1 . You may be able 10 prevent a major stroke. High blood pressure. The t 1 cause of stroke. Monitor blood pressure and always take prescribed medication. Diabetes. Control the symptoms of diabetes with proper diet. exercise and medication. Obesity. Being Just 20 pounds overweight
significantly Increases your risk of stroke
and heart disease.
Smoldng. Smoking Increases risk of stroke
by two to three times.
Another way to remember
stroke symptoms
• Sudden wukness on one side of
the body
• Sudden confusion, trouble
speaking or undemanding
• Sudden trouble seeing
• Sudden trouble walking o r loss
olbalano!
• Sudden -headache with no
knownc.ause
Call 9-1-1
at any sign of s'!roke.
Facts about stroke • Strolce is the third leading cause ol death In the United StaleS and the leading cause of adult dl9bility. • A StroR occun wt-, something happens to intemJpf the~ flow ol blood to the brain, Uke a clot or a burst In a blood vessel. Brain cells quickly begin II:> die. You can beat a stroke Disabiliues ran be pre ve nted or hm,ted. but 1he patient must go to the emergency room immediately.
ProducrdbyH«JllO,,..,,.,andScn,; """"'1r,onortdCom,o/
Prog,om; A!o<JOChusm> D,pottm,nr of Pub/,c H<olrll. Mod<
pa,sibkw.thlundittgfromwu.s.c-.,.1o,-eon,,o1
ondPRvffitJOn.
For mott infotmotion. u,JJ 1.ac,o...u7.11,, or .mon ~
~an.mG.UL
Is it a stroke? Check these signs fflST!
® face
® Arm
('.D S\leech
®,,me
'» S-.·edish
..,,.. \koa&al C-tn
~ .... .i-s--
·""" \M ._J,\hl(11,r11JI • •m
Mission Statement 1 he t ulor,1clo Nturolngit,11 ln'111u1~ cnhantc~ 1hc dell\ er) of per~on,11!,:ccl, comprchcn\l\ c ,ind ,1a1c-of lht'•arl care lo lhll lCll lS \\'llh neurolog1tal cond111ons 1h rough coord1n a1cd pat1en1 care. ed u c.1 11011, research and ou1re<1th anh 111es. Colorado Neurological Institute
1l1e i11sli111te is the largrst,
m ost comprehensi ve
neurosc ience ce nt<?r i11 the
Roe/..)' Mou111ai11 reg1011.
• C'N I provides an
ln1egra 1ed 1eam of
ne uro scle1111 s1s 1ha1 offer
pa11en1 car~. innovalil'e
cllm c,11 1rials. and
educa11 onal programs for
lhc com mu nll\' ,tnd 01her
professionals.
• Trea1s neurolog ical
disorders including
Parkin ~on's and
llun11n i:1011's d1,eascs,
Al s (I OU Gehrig's
di sease), br,1111 a nd spmal
1u111 ors, he.irin g lo s~.
epilepsy, d)'s lonia,
·1 oure11e's syndrome.
myas1he111a 1:ra v1s. ,leep
disorders. migranes. ,ind
d1 ~ord er~ of s11allowlng
and of 1he voice.
CNI Programs CNI Center for l!rc1111 ,'{ Sp1n,tl rumor, l ,rnJt J ,, holr, pJ11en1 dpproath. 1h,• team lomblnc"' ,1 mul111udc or d1,upllnc~ to improve long lcrm '-Ur\l\ill and quJhl\ of hfr CNI Center for lle«n n g 01c;;ordcrs a nd ct1 sra scs of the c,1 1 .ire C\'aludted and treated ,,uh surgl'r). co< hlear 1mpl,uHs, hearing aid, ,md other 1nten·t?nllnns CN I Neurotrauma Ce nter l:.arly i nt cr,en11 on 1s s1re:,,scd a!'i> 1he le~ 10 the
1rea1men1. d1aR110s1s dnd rehabi111at1011 o r
persons \\llh 1r,,um.tlll br,un and "-Plnill
lnJur1•,
CNI Epilepsy C'cn 1cr
Techniques such as drug 11<a1mcnt, ,urgcq
,rnd, .1~.tl nl'rvc sHmul,u 1on he lp pa1ten1s
10,,t1rd their goal or 11,rng ,e1zurc fn•L•.
CNI Mo, cment Disorders
Center
Trcatong •II mo1 cmcnt disord ers, lNI has
~lllillncd the di'itincllnn or ( e nt er o f
l\ccllenc(' ror t1un1mg1on'~ D1scast.•,
CN I Stroke C.e nt cr
I 111phas11H1ff both prc1e nt1 on and earl\
ln1er\'en11on. 1he c-en1er wu~ tt'rc11 1l y named
as 1he bht plate 10 ~o for ,t stro~e
1u.•,11men1 "
CNI l\'lll1am MtK. & M11ruc1
N. I h omp~on I unll1onal
!>urger) Cc n1 cr
Pro,·1dlng p,u1cn1 tiire &1 nd rese.irth \\1t h the
mosl Jdvanced ,urs;l<JI 1re.1 1nwn1-; for
P•rktnsnn·~ Disease and other ncurolog1cat
disorders
Visil)ll I Ill' (Olill pat kil)l<' ol t NI\ prog r,11 m. rcfl!'Ch CNf's ph1losoph\ lh,11 lhc full ,pct 1ru111 of pat1cn1 need~ lllll\l be ,tddrl'~,cd 111 ordl•r 10 l11.t\1111t/l' lhl' bc11cf11s of lhe S1,llC •Of·lhC·,trl 111cd1t,tl lrC,lllllt'lll CN I prnl'1dr~. CN I Objectives Medical care, Rmm....an.d
Rehabllltafjon · t NI pto ces grcJ1
cmphdsis on pdlicnt care, a
rnmprehens11·e ICJm Jpproach,
CdUCJIIOn for p,lllcnls ,llld
ph\ >1uans, rc~earch. an d chn1cal
lrlJis.
Psychosocial and Eioaocial
Assjstance· CNI addresses
pa1le111s· psychosocial and
financial needs lhrough serl'1ces
1hat Include a patient ass1s1ance
fund. suppo rt groups, social work
services. case manageme nt, and
rehabllltallon offered al no charge
10 under-and un •msured stroke
and 1raumallc brdln Inj ur y
pa1ien ts 1hrough CNl's
Neurollcal l h Cen te r.
co mmunHv Outreach and Education· CNI provides education
and oulreach 10 commun111cs
1hroughou1 1he s late regarding
s1roke and numerous 01he r
neuro logical condllions. CN I also
pubhshes IN 1 OUCI I, ,1 free
newsle11e r (nr the commun11y, and
The CNt Rei 1cw, J medical journal.
To make a donation or request mo re i nformation on how you can h e lp. plea .~ complete and return lhi s card. You may also do nat e online al: www .TheCNl.org l~lr .. ~lrs .. ~t,., M1~~. l)r,) ( OlllPdlll \ddr~,~
rma1I
l elephone tDa\' I
n,·en1ng
Enclosed 1s my c heck made
povable lo CNI for S
Or
Visa/MC
Expirauon
Apply my g1 r1 where It is
nee d ed mosl or t o
program
Include me in ru1ure
mail in gs
( olor,1cto N~uroloi,:1l,1I
lns111u1e
iO I I , ll ,111 1pdcn A,(',.
\u11e no
En i:lewond, CO 80 1 I l
:?7'i')
1111 w, rhc( Nl.urg
1300 788-4010
You can make a difference -Your charitable giving provides OulSlandlng Patient Care Research Patient & Physici an Educa1 lon Community Outreach Monitoring of Patient Out comes for CNI Centers for: Brain & Spinal Tumors Epilepsy Hearing
Neurotrauma
Movemenl Disorders
Stroke
Wm McK & Marcia N. Thompson
Funcllonal Surgery Ccnicr
for CNI Support Services in:
Cranlo •Faclal Surgery
Dizziness and Balance Disorders
Head Pain
lntervenliom,I Ncurorad lology
Neuromuscular & Peripheral Nerve
Disorders
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Sleep Disorders
Stereotaclic Radlosurgcry
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(JO IJ iS8 -10 Ill
"If the re is ever anything I can do, let me know" How often ha ve we all expressed thi s s enti ment but not known how to turn our good In tentions into re ality? Through a charitable girt you can help-you can make a difference while enjoying significant tax advantages. Th is informational bro chure will help you learn how you can be a partner wllh CNI. Mew..ortaLs § n -tbute.s
Whether you select a direct cash
girt, a beques t, a trust, or a gift of
stock or life In surance, consider
giving your donation as a tribute
or mem orial to a relative or
friend . This living legacy is a
wonderful way to honor someone
dear to you .
"Bequests
Through a charitable bequest
specified in your will , you can
ndme CNI 10 receive either a lump
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give that provides nexlbility to
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Touching Lives ....
Changing the future
CNI 11111111\1111 \I I Ht tl llt.(1 \I I \'-I 11 l II
7 :mchi,z~ li1 •rs ...
C b£11{~i1(~ th1•.fit111n•.
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PROCLAMAl ION WI IEREAS. each year 700.000 Americans suffor a new or recurrent stroke, nearly l 60.000 people die fmm stroke and more than~. of s1roke ,icums arc women; and WHEREAS. the Colorado l\curological lns111u1e (Cl\1). Swedish Medical Center, the National Sll'Oke Association. and the Amenr~n Stroke Association arc striving 10 decrease disability ond death from stroke, which aMually kills more lh3n .3.000 Colorado residents a year; and
WHEREAS, fewer than 5% of mokc pat ients receive potentially lifc-sa1ing 1rea1mcn1, in large
part because they arrive at the hospital 100 lmte to be tttaled; and
WHEREAS, Swedish Medical Center, the first hospual in Colorado 10 be twice designated as a
Prirruuy Stroke Center by the Jo,nl Commission, 1s an assel lo the citizens of Englewood; and
WHEREAS, Colorado Neurological lnsl.irutc •• celebrating ils 20" year of advancing neurological
care to lbe citizens of Englewood and the greater community; and
WHEREAS, CNI, Swedish Medical Ccnncr, the National Stroke Association, and the American
Stroke Association emphasizes lhat every link in the sll'Oke chain of survi,'al 1s critically important
and can increase the prospects for survival; and
WHEREAS, the majority of Coloradans do DOt know the warning signs of a ruoke or don't realize
they should seek medical help immediately; and
WHEREAS, CO-IX>C Telcmed1cine, an iniuative ofCNl and Swedish Medical Center seeks 10
provide diagnostic stroke consults lo residents in undcrserved communities and to raise awareness of
sll'Oke warning signs and the cntical need for invnediate emergency 1rca1ment, seeks 10 mobilize
communilics 10 improve the stroke chain of ,urvive l: and
WHEREAS, in 1989, the United S1a1cs Congress designa1cd the mun•h ofMny as Naliooul S1roke
Awareness Month and in this 19• year since its proclama1ion, sll'Oke c.in1inucs 10 take an cnonnous
1011 on the lives and qualily of life of the people or Colorado and the United Stntes;
NOW THEREFORE. I, James Woodward, Mayor of the Ci1y or Englewood, Colorado, hereby
proclaim the month of May, 2008 ns :
STROKE AWARENESS MONTI!
in the Ci1y or Englewood, Colorado. I urge all of our res1de111s 10 increase their awareness nbout 1he
wanting signs of stroke und recognize stroke as a medical emergency.
Jnmes K. Woodward, Mayor
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ORDINANCE NO. SERIES OF 2008 UY •\UTIIOKITY COUNCIi. BILI. NO. 15 INTRODUCED BY COUNCIL MEMBER MOORE AN ORDINANCE APPROVING Tl IE CONTRACT BETWEEN Tl ,E CITY OF ENGLEWOOD. COLORADO, AND 1.:NGI.EWOOD LIONS CLUB FOR
MAINTENANCE OFTHE ENGLEWOOD LIONS CLUB MINIATIJRE TRAr-1 .
WHEREAS, the Enslcwood Lions Club approached 1hc City regarding contrnc1111g
with the City for IIl3intcnanc,: of their nuniature trnin, "hich ir. operated and housed at
BellC\iew Pnrk; and
\',,HEREAS, the Englewood Cit) Council appro,·ed an agreemmt between
glcwood and the Englewood Lions Club for maintenance of the miniature trnm by the
passage of Ordinance No. I 0, Series of 2003; alld
WHEREAS. the Contract authorized the extension of the seiv1ces for three additiona l
one year periods to be negotiated by the City Manager or his desillJlee and extensions
to the Contract were completed for the years of 2005, 2006, and 2007; and
WHEREAS, the City of Englewood ,md the Englewood Lions Club desire to continue
such agreement whereby Englewood sh:ill pnmde the Englewood Lions Club wnh
maintenance of the Englewood Lions Cluo miniature train: and
WHEREAS. the pa•,s 1ge of this proposed Ordinance authorizes an Agreement
bct"·een Englc·••ood ,.nd the Englewood Lions Club for maintenance of the Miniature
Tra in for• one year yeriod nnd includes n provision for an extension of services for three
addi1ional one year periods;
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO. AS fOLLOWS .
~-The Contract between 1he Ci1y of Englewood. Colorado nn<! she Englewood
Lions Club pcnaining 10 the mamtenanceoflhc Englewood Li ons Club Minia1ure Train,
anached as "1:xhibil A", is hereby acccpled and approved by 1he l'nglewood Ci1y Counci l.
~-The Ci1y Manager is au1hon,,ed 10 execute and 1hc Cuy Cl•-rk 10 ancst nnd
seal 1hc Co111ract for and on behalf of 1hc Ci1y of Englewood, Colorado: and to ncgo1ia1c
and execute extensions of this Conlmcl for tlv« ~ddi11onnl one yc::ir pcnods .
lnl roduccd, read in full. and passc'<l on firs1 rending ()II 1hc 21 sl dny of April, 1008
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Published as a Ball for an Orduunce on the ~5th d3}' of Apnl. 2008. Read by tttle and passed on lirul reading on the 5th day of May. ~00S. Published by utlc as Ordinance l'<o. _. Series of 2008. on th• 9th day of Moy. W08.
James K. Woodward, Mayor
ATTEST:
Loucrisnia A. Ellis , City Clerk
I, Loucrishia A. Ellis. City Cle rk of the City of Englewood, Colorado, 'hereby ccnify
that the above and foregoing is a true copy of the Ordinance passed on final reading and
published by tit le as Ordinance No,_. Series of 2008.
Loucrishia A. Ell is
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CONTRACT T HI S AGREEMENT, entered it110 this __ day of , 2008 by and between the City of Englewood, whose address is 1000 Englewood Parkway, Englewood, Colorado 80110 and The Englewood Lions Club, whose address is P.O. Box 205, Englewood, Colorado 80151 . TERMS OF CONTRACT NOW THEREFORE, IT JS AGREED by and between the City of Englew00<' Jnd IZnglcwood
Lion , Club that:
I. The City of Englewood shall, acc.,rding to a schedule to be made by the Englewood
Lions Club and awovcd by the City of Englewood, perfonn maintenance of the
Englewood Lions Club miniature train and shall also perform repairs requested by
Eng)e-,,,·oo-1 Lions Club or identified by the City of Englewood during inspection of
the miniature train.
2. The City of Englewood shall repair the miniature train of the Englewood Lions Club
delivered to the City ~f Englewood for that purpose in a good, workmanlike manner.
3. The Englewood Lions Club shall pay to the City of Englewood for such services the
sum of sixty-eight Dollars ($68 .00) per hour, in addition to the cost to the City of
Englewood of any parts or outside vendor charges .
4. The City of Englewood will proceed with the pcrfonnance of the services called for
in Paragraph No. I on January I, 2008 and the cu,'ract shall terminate on December
31, 2008. Tbrcc additional one (I J year periods may be negotiated by the City
M auagcr or his dcsignce.
5. The City of Englewood and the Englewood Lions Club agree DOI to: refuse to hire.
discharge, promote, demote or diJcriminate in any matter of compensation;
performance, services or otherwise, against any person otherwise qualified solely
because of race, creed, sex, color, national origin or ancestry.
6. This Contract may not be modified, amended or otherwise altered unless mutu ally
agre-.d upon in writing by the parties.
7. The City ofEnglrwood by and through its employees and agents shall be considered
for all purposes of the Contract, to be independent contractors and not employees of
the Englewood Lions Club.
8. The Englewood Lions Club by and throu&h its employees and agents shall be
considered for all purposes of the ContnlCI, to be independent contra<:tors and not
employees of tho City of Englewood.
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9. The City c,f En~cwood shall not asstgn or tranSfcr its interest in the Cont ract w11hou1 the wrillcn consent o r the Englcwaod Lions Club. Any unauthorized assignment or transfer shall render this Contraci null. ,-oid and of no effect as 10 the Englewood Lions Club. I 0. l11e Engl ewood Lions Club shall 1101 assign or transfer its in1cre.s1 in the Con1rnc1 without the wriucn consent of the City of Englewood. Any unauthorized assignment or transfer shall render the Contra.cl null, void and of no e1Tcc1 as 10 the City of
Englewood .
11 . Either pany of the Conuact may lmninatc the Contract by giving 10 the other party
30 days notice, in writing, with or wilhoul good cause shown. Upon delivery of suc h
notice by the Englewood Lions Club 10 the City of Englewood and upon expiration
of the 30 day period, the City of Englewood shall discontinue nil services in
connection wilh th: performance of the Contract. As soon as practicable after
receipt of no1ice of termination, lhe City of Englewood shall submit a SUIC111C11t,
showing in delail the services performed uoder the Contract to the date of
termination. The Englewood Lions Club shall then pay the City of Englewood
promptly that proportion of the prescribed charges which the services actually
perfonned under the Contract benr to the toutl services called for under the Contract,
less such payments on account of the charges as have been previnusly m.ldt.
12. All notices and communications under the Contract 10 be mailed or delivered lo the
•
City of Englewood shall be to the following address: •
Director of Public Works
City of Englewood
1000 Englewood Parkway
Englewood, Colorado 80110
All notices and communicat.ions pcttallling to the Con.rac1 shall be mailed or
delivered 10 the Englewood LioDJ Club at the following address:
Englewood Lions Club
P.O .Box
Englewood, Co lorado 801 SI
13. The 1enns and conditions of the Contract shall be binding upon each cn111y, its
successors and assigns.
14, Nothing herein shall be construed as creating any personal liability on tl1c part of any
officer o r ngenl of any public booy wl1icb may be a party hereto, nor shnll il be
construed ns giviug any rights or benefits hereunder 10 nnyonc other than the
Englewood Lions Club and the City of Englewood.
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• IN WITNESS WHEREOF, the pan1t . r,creto have executed this Contract the day and year firs t wrill en above. ATTEST: CITY OF ENGLEWOOD
Loucrishia A. Ellis, City Clerk James K. Woodward, Mayor
ATTEST: ENGLEWOOD LIONS CLUB
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ORDINANCE NO. SERI ES OF 1008 BY \l, 1 IIORITY COUNCIL BILL NO. 16 INTRODUCED BY COUNCIL MEMBER ~tOORE AN ORDINANCE APPROVIN G AN INTFRGOVERNMENTAL AGREEMENT BETWEEN THE cm· OF ENGLEWOOD. COLORADO, AND THE CITY OF
CHERRY HILLS VILLAGE, COLORADO. WHEREBY TI-IE CITY OF ENGLEWOOD
\\"ILL PROVIDE THE cm· OF CHERRY HILLS VILLAGE WITH VEHICLE
MAINTENA:-ICE.
WHEREAS, lite City of Englewood has agreements "ith other GO\ emrncntal cnt111cs for
the semcing of the vehicles of those cnuucs smce 1992: and
WHEREAS. the Cit)' of En&lewood and the City of Cherry Hills \'illa~e entered into an
intergovernmental a~,rccmem whereby Englewood pro,,jded Cherry Hill. V1llai:e with
vehicle maintenance by the passage of Ordi nance No. 9. Series of 2003: and
WHEREAS. the Contract authorized the extension of the sen ices for three ndditional
one year periods 10 be negotiated by the City Manager or his designee and extensi1•ns to
the Contract were completed for the years 100S, 2006 and 2007: and
WHEREAS, the Cuy of Engle" ood and the City of Cherry Hills Village desire to
continue such agreement whereby Englewood shall pro,ide lite City of Cherry Hills
Village with maintenance of their vehicles: and
WHEREAS, the passage of this proposed Ordinance authorizes nn lntergovernmct tal
Agreement between Englewood and the City of Cherry Hills Village for maintenance of
their vehicles for a one year period and includes a provision for an ex1ci1 .lln of scnici:s
for three additional one year periods:
NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF Tl IE crrv
OF ENGLEWOOD, COLORADO. AS FOLLOWS:
~-The intergovcmmcmnl ngrccmcnt between the City of Cherry I lills Villog~.
Colorado. and the City of Englewood, Colorado. for vehicle mnintennnce. ollnched us
"Exhibit A". is hereby accepted and appm,ed by the Englewood Cily Council.
Secti<,n 2. The Mayor 1s authorized 10 execute and the City Clerk to DIICSt and seal the
Agreement for and on bch3lf of the Cuy of Enl_!lewood. Colorado.
~-The City Manapcr 1s outhon,ed 10 negotiate and sign and the Cuy Clerk 10
nu est and seal any extensions of 1l11s Contract for three add111on.il one year pcnnd, for aml
on behalf of the City of Englewood. Colorado:
Introduced. read in full. nnd pnsscd on lirst reading on the 21st dny of April. 2008 .
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Pubhshcd ns n Dill for an Ordinance on 1he :?S'" da) of Apnl. !008 Read by title nnd passed on foul reading on the 5th day of ~lay. !00S. PubhshcJ by title as OnhJ111ncc No._. Series of 200S, on the 9th day of May. !008.
James K. Woodward. Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishie A. Ellis, Cily Clerk of the Ci1y of Englewood. Colorado, hereby certify
1ha1 1he abo\'c and foregoing is • 1rue copy of the Ordinance passed on final rending and
published by 1i1lc as Ordinance No._, Series of2008.
Loucrishia A. Ell is
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CONTRACT TIIIS AGREEMENT, entered into this __ dny of ____ , 2008 hy and hctwecn the City of Englewood, whose address is I ()00 Englewood Parl·way. Engl,·\\ rod. Colorado SO 110 and the Cny of Cherry Hills Village. whose address ts 2450 E. Qumcy A,c. Chcny Hills Village. COSOII0. T ERM S o r CONTRACT NOW THEREFORE, IT IS AGREED by and between the Cuy of Englewood and the City of
Cher ry HI iis Village 1ha1:
I. The City of Englewood. Colorado shall pcrfonn the following ~<'f\•ices:
111c City of Englewood shall pcrfonn all necessary repairs and main1enan<:e on
the vehicles owned b) lhc City of Chcny Hills Vtllagc to lhc sa1isfae1lon of lhc
City of Cherry Hills, and lhe City of Chcny Hills shall pay 10 the Ci1y of
Englewood for suc h services the sum of s1xty-cigh1 dollars ($68.00) per hour, in
addi1ion 10 lhe cost 10 1he Ci1y of Englewood of nny pans or outside ,·cndor
charges plus thtny pcn:cnt (3~,) handling fee.
2. The Cily of Englewood will proceed with the performance of 1hc services called for
in Paragraph No. I on January I, 2008 and the Contract shall 1a111ina1c on December
31. 2008. Three additional one (I) year periods may be nego1ia1ed by 1hc Cily
Manager or his dcsignce.
3. Some maintcrumce of the City of Chcny Hills Village·s vehicles shall be pcrfonncd
by 1he Cily of Englewood accord ing 10 n S<:hcdule 10 be made by 1hc Ci1y of Chcny
Hills Village and approved by lhe City of Englewood as part of I his agreement. and
shall U1Clude work requesled by Cherry Hills Village or work 1dcn1ificd by
Englewood during inspcc1ion oflhe vehicle.
4. The Cily of Englewood shall repair any vehicles of the City of Cherry Hills Village
delh·ered to lhc Cny of Englewood for that purpose in o good, 11·orkmanhkc manner.
5. llie Cily of Englewood and 1hc Cily of Cherry Hills Village agree not 10: refuse lo
hire, dtseharge. prorno1c, demote or discriminate many mailer of compcnsa1ion:
performance. scr-1ce5 or otherwise, agains1 any person otherwise qualified sc,lely
because ofmce. creed. sex. color, na1 ionnl origin or nnccslry.
6 llus Con1roe1 may llOI be modified, amended or othcrv ·& nhcrcd unless mu1ually
agreed upon in \\TIiing by 1hc parties,
7. The Ci1y of Englcwo.,d by and 1hrough 11s anployces and agcn1s shall be <-OrlSidcred
for all purposes of1he Con1rne1.10 be independent co111rac1ors and no1 employees of
1hc Ci1y of Cherry I lills Villo~c.
8. The Cny ofChcny Hills Village by and 1hro11gh ,ts anplo)'CCS and agems shall be
considered for all purposes of the Con1rnc1. 10 he indcpcndenl co111 mc1ors nnd 1101
employees of 1hc Cily of Englewood.
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9 The C11y of Englewood shall no1 assign or transfer lls m1cn,s1 m the Contract w11hou1 • the wnnen conselll of the City of Cherry Hills Village. Any 11nau1honz.cd ass,gnmcm or 1mnsl'cr shall render 1hc Con1rac1 null, l'Oid and of no dfccl as to the C'i1y of Cherry Hills Village . 10. Nenhcr party shall not assign or l11111Sfcr ns interest in the Comraa .. ,thout the \\TIil en consent of the other party. Any UMuthorizcd assignment or transfer shall render the Con1rnet null, void and of no effect.
II. The City of Englewood shall be responsible for the professional quality. technical
accumcy, timely completion and the coordination of the repairs under the Contract.
The Cny of Englewood shall, \\ithoul adduional compensation. correct or m/4se any
errors. omissions, or other deficiencies in its services related 10 the Contract .
12. Either pany of the Con1ract may lenninnle the Con1mc1 by giving 10 the other pany
30 days notice in writing with or without good cause shown. Upon delivery of such
notice by the City of Cherry Hills Vtllage 10 the City of Englewood and upon
cxp1ra1ioo of the 30 day period, the City of Englewood shall discontinue all services
in conncction with the perfonnance of the Contract. A1-soon as practicable nfter
receipt of notice of 1ermina1ion, the Cily of Englewood shall submit a statement.
showing in detail the services performed under the Contract 10 the date of
termination. The City of Cherry Hills Village shall then pay the City of Englewood
promptly that proportion of the prescribed charges which the services actually
performed under the ContraCI bear 10 the total sen ices called for under the Contract •
less such payments 011 account of the charges as have been previously made. • 13 . All notices and communications under the Contract 10 be mailed or delivered 10 the
C,1 y of Englewood shall be 10 the following address:
Director of Public Works
City of Englewood
1000 Englewood Parkwa y
Englewood. Colorado 80 II 0
All llOlices and communicauoos p,crta1rung 10 the Contncl shall be mailed or
delivered 10 the City of Cherry Hills Village at the follo"fog address:
Director of Public Works
City of Cheny Hills Village
2450 E. Qumcy Ave.
Cherry Hills Village. Colorado 80113
14. The 1enns and conditions of1he Contmcl shall be binding upon each City, its
successors and assigns.
15. Nothing herein shall be cons1rued as ercaling any personal liabili1y on the part of any
officer or agen1 of any public body which may be party herClo, nor shall II be
cvns1rued as giving any rights or bencfi1s hereunder lo anyone other thnn the City of • Cherry Hills Village and the City of Englewood.
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16. Tlus Con1r .. c11s 10 be govCTmd by1hc laws of1hc S:a1c of Colorado. Venue for any proceeding brough1 ,n connection "ilh 1lus Con1rne1 shall be in Arapahoe County. 17. TI1is Co 111 ract may be execu1ed in counlC!Jln rls, using mnnual, elec1ronic or facsimi le sig11n1ure, each of which shall be deemed an original and all of which together shall tonstilu1e one and 1hc same docurncni. IN \\1TNESS WHEREOF, the parties hereio have cxecu1cd !his Con1rac1 the day and year fi rsi
wrillcn above.
ATTEST: C ITY OF ENGLEWOOD
Loucrislua A. Ellis, Ci1y Cieri: James K. Woodward, Mayor
ATTEST: C ITY OF C HERRY HlLLS VILLAGE
, Mayor
,City Clerk
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ORDINANCE NO. SERIES OF 2008 BY Alf rHORln' COl.iNCIL BILL N0.11 INTRODUCED BY COUNCIL ~I EMBER PENN AN ORDr.-lA?-CE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND McGETRJCK GOLF ACADEMY FOR A TRAlNING CENTER AT
BROKEN TEE ENGLEWOOD.
WHEREAS. the Englewood Golf Course indoor training center was part of the clubhouse
expansion in 1995, consisting of 6 hnung bays with two computer swing annlyzers : and
WHEREAS. "bile the facility hos been a positive addition to the Clubnouse, the re\'enue
stream hos been minimal ; and
WHEREAS. TNT leased the Training Center in 2002 offering indoor lessons, club fillings
and golf training sessions: and
WHEREAS, TNT decided 10 terminate their contract in the fall of 2006: and
WHEREAS, in 2007 n Request for lnfonnntion was sent to determine if any area retail
businesse:1 were interested in a location at the Engle11ood golf course: and
WHEREAS. proposals were received and interviews were held; and
WHEREAS. McGetrick Golf Academy was selected for the following reasons: higher
revenue stream. free instruction to our Holc-N-One Junior golf proiiram, discounted lessons 10 all
Englewood residen ts. financial stability and a great reputation in the Golf industry es well ns
being rated in the top 5 golf schools b, Golf Digest: and
WHEREAS, the passage of this Ordinance will appro,·c the Aw cement to lease and manage the
Training Center located at the Broken Tee Englewood;
NOW. TIIEREFORE, BE IT ORDAINED BY T11E cm COUNCIL OF THE CITY OF
ENGLEWOOD. COLORADO, AS FOLLOWS:
~-The City Council of the City of EngJc,,ood, Colorado, hereby authorizes and nppro\'es
the Agreement for the lease and management of the Training Ce11ter located at the Broken Tee
Englewood bttwcen the City and Mc:Gctrick Golf Academy, anachcd hereto as Attnchn,c,11 I.
~-The Mayor and The City Clerk ere hereby authorized 10 sign and attest said Agreement
for and on behalf of the City of Englewood. Colorado.
Introduced. read in full. and passed on first reading on the 7th day of Apnl, 2008 .
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Published incorrec1ly as a Bill for an Ordinance on the I Ith day of April. 2008. Rcpub:ishcd as a Bill ror an Ordinance on the Is"' dny of April, 2008 Read by tnle and passed on final reading on the 5th day of May. 2008. Published by title as Ordinance No ,_. Series or 2008. on the 9th day of Ma)•, 200S.
James K . Woo<J,.,o rd, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrisbia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby cenify that the
above and foregoing is• true copy of the Ordinance passed on final reading and published by
title as Ordinance No._. Series of 2008.
Loucrishia A. Ellis
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AGREEMENT A C Ii .4 E TiiJS AGREEMENT, hcrebafter called •1...c2se•, made and cnter:d utto this __ day of_ ii ---,--,---...,.....~ 2008, by and hdwecn the CITY OF ENGLEWOOD, a Colorado T municipal corpo:-ation, hcrciMflcr rcl'crrcd to as 'City', and McGETRJCK GOLF ACADEMY. herci:iafter referred to as "Trainer"; 1 WITNESSETI-1:
W' IEREAS, the City owns catain real propeny which is known as the B. ;.<n Tee
Englewood Municipal Golf Course Clubhouse And Training Ccntcr, berci11· ,. called "Trainin&
Center", and located ir, die City of Sheridan; and
WHEREAS, City and Trainer desire to enter into a lease for the manr ,;<"!Tlent of~" Training
Center located at the Broken Tee Englewood Municipal Golf Course;
NOW, THEREFORE, frr and in consideration of the mutual covenants ue, ,'r.oi'•:r appearing
and of tho payment of the monies hereinafter set forth, the parties hereto agree a, follows:
~ STATEMENT OF INTENT.
The pllIJlOSC of this Lease is to providt video golf training, instruction, club fitting and
club sales. The Trainer wiU not have exclusive right to all club sales .
~ GR.ANT.
The /'ity hereby agrees to allow the Trainer to use the area descnbcd in ''Exlubit A" of the
Enj!l >l'OOd Clubhouse Training Center plus use of the driving range and practice areas.
Tow: will be space on the driving llll)ge and practicing area designated for the Trainer;
however, ti will change throughout the year .
.S~-DEFINITION OF PREMISES.
The 'Leased Premises" as referred to herein is defined to be lhe Golf Club: 'Ilse Training
Center, which is owned by the City of Englewood. Colorado. See Exhibit •A".
~c," TERM OF AGREEMlNI'.
The City hereby grants to Tminer the right to hold the w•ed Premises pursuonl to the
terms oftlus wsc for a one(!) year Lease wilh two (2) ou fl) year ren=ls al the
option of Lie Trainer nnd with two \2) additioMI optional one ,il .ods by
agrecmU1t of both parties . If U1c Trainer imends to renew the contract they must infonn
the Director of Porks ond Recreation runety (90) days prior to termination of the Lense.
The Cily shall inform Trainer of its decision throu,::h the Oin:ctor of Parks and Recreation.
~ USE OF rnE PREMISES.
Trainer shall hnve the right lo posscss:un of the Leased Premises for the pwpose of
providing video golf training, instruction, club fitting and cl ub salcL However, nothing in
this Lc,se shall be construed to authorize Urnt which is prohibited uuder United Sinks,
State or locnl law, ordinance , code or regulation.
Se~tion 6. SERVI CES . All servi ces provided by the Trainer shall be re viewed and approved by the Director of Parks and Recreati on. The Tra iner will provide less ons and clinic s for the City . The City will continue to offer the Hole-N-Onc Program, Par 3 League, go lf te am and some le ss ons . The Trainer will provide free instruction for the Holc-N-One Pro gra m. The Trainer will provide ksson discounts for Englewood resident s and Par ks and Recre ati on spon sored programs .
Section 7. HOURS OF Oi'::i\.ATION .
a) From May 1st through September 30th of each year, the Trainer shall provide digital
video golf analysis six (6) days per week and during these months shall be open each
day to the public from 9:00 AM and shall remain open until 5:00 ?M.
b) During the months of October !st through April 30th of each year, the Trainer shall
provide video golf analysis fiv e (5) days per week and during these months shall be
open each day lo the public al 9:00 AM and shall remain open until 5:00 PM.
c) Nothing herein shall be construed as prohibiting the Trai ner from being open for
other hours in addition lo those stated in Paragraphs "a" and "b" above . Trainer may
close on Christm as Day and Thanksgiving .
d) Trainer agrees to cooperate with the Gol f Course Manager in schedul ing golf
meetings and ~wnts . In the event of any disagreement , the maner shall be referred
to the Director of Parks and Recreation and his/her dec ision is final.
e) Any adjustments lo the hours of operation must be approved by the Director of Park s
and Recreation or his designee .
f) Trainer and or the City may temporarily close the Training Center fat cleaning,
construction and maintenance under a mutually agreed upon schedule .
Section 8. MAINTENANCE , REPAIR AND REPLACEMENT .
a) The Traine r shall be responsible for repairs and/or replacemen t of mats, nening,
pain ting, carpet, video equipment , TV's, cameras and all other equipment associated
with the leased premise .
Section 9. CLEANLINESS GUIDELINES .
a) Al l rules , regulations and guidelines required by the City of Englewood must be
adhered lo .
b) All applicab le loca l, stale and Federal Government Acts and Regulati ons must be
adhered to .
c) Any specific guidelines est ablished by lho Director of Parks and Recreat io n must be
adhered to .
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• Sec1ion 10. RENT.
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a) Trainer shall pay rent to the Ctty in accordance wuh the following schedule ;
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Commencing on June I", 2008, lhe Trainer shnll pay 1en thousand dollars {$10,000.00) annually in monthly insiallments with the assumption 1he Broken Tee Englewood Golf Course opens on May 24, 2008, and shall be prorated upon the opcni,ig da1e of the Broken Tee Englewood Golf Course. In 2008 only, the Ci1y will reimburse the Trainer fifty percent (SO¾) of rent for renovation costs for r.arpet, paint and renovation to reception area ; not 10
exceed ten thousand dollars ($10,000.00) or the City's portion. Ali
work/renovations must be prcapproved by the Director or Parks and R~ creation
and the Director of Public Works. Trainer will provide copies of receipts .,nd
invoices for all renovation work.
Commencing on January 1•. 2009, the Trainer shall pay $20,000 per year, paid
monthly (Sl,666.67 per month).
Trainer will provide third party sponsorships for the Holc-N-OncJr. Progiam;
a sponsorship list will be provided to the Director of Parks and Recreation or
his designce.
The aforesaid fixed rent payments shall be paid each month, in advance, on the
first day of each month or on the ftrst Monday of each month if the ftrst day
falls on Sanuday or Sunday.
A penalty fee o f SI0.00 per day or part thereof shall be charged for each day or
part thereof that the rent is past due, until 12:00 midrught on the 14th day past
due. If the ren1 payment is not received by midnight on the :4th dny past dlle,
the Trainer shall be in violation of the terms of this Agreement, and subjeci tu
termination.
~. tmLmES.
The Trainer will be responsible for twenty percent (20%) of all utility costs for the entire
building.
i.~ JANITORIAL SERV ICE AND TRASH REMOVAL.
City shall be responsible for the reasonable cost of 111Sh removal and janitorial service
(provided seven (7) days a week) for the Leased Premises. Nothing in this Pmgrnph shnll
diminish the Trainer's rcquircmcnls set forth in Porogmphs 9 and JO .
Section 13. rARKJNG FACILITIES.
a) TI1e existing parking facility adjacent to the Golf Course Clubhouse (hcrcin11flcr
called "parking facility") shall be open for use by Trainer and iLl customcn; such
right of use of the said parking fac1h1ics shall be non-exclusive rig)IL
b) City shn!I ot its own expense maintain the parking fncility. which shall include snow
removal when necessary
~ SIGNS. Any s1gnage for the leased prcnuse shall be lhe sole rcspons1bil11y of lhc Tramer. All signage must be approved by the Director of Parks and Rcercatioo or his dcsignce. ~ ADDmONAL FACILmES AND EQUIPMENT. Traintt shall have the right to install additional facilities and cquipmmt wilh lhc consent
of the Director of Pam and Rccrcauon or his dCS1gnce. Pcmw,en~y attached 'ixtorcs or
equipment shall become propcny of the City upon termination of the lease. Permanently
anached fixtures arc considered to be any item that causes damt ~ 10 the building upon
removal.
~ SECURITY.
Trainer is responsible for the obtaining of theft insurance co,•crii,g eqwpmcnt. supplies a11d
personal propeny of Trainer. Such policies shall contain no right of subrogation against
the City. Trainer shall provide a copy of the policy to the Director of Parks and
Rea-cation. Additional costs for sccunty, as required by the Director of Parlcs and
Rcc!fflion or his dcsignce, shill be the responsibility of the Trainer.
~-PERSONN!iL.
a) Trainer shall at its own expense emp loy such qualified personnel as may be
ncccssary for the traming opct11tion and sn II rct"Ure all personnel to be clean. polnc,
and courteous in their tnlllSadions " lb th 1111bl.
b) Trainer shall give personal supcn,ision arul wee,• 'll :o lhe oix-ra•1on of the Training
Center and, when absent, kttp c:ompelcrll pc:ri011nd in charge.
c) Cny shall not be responsible for the wages or salaries of any employee or
rcprcsenta11ve of Trainer, nor for any deb!S, liabihucs or other obligations ofTraincr.
d) Neither lhe Trainer nor the employees who pcrfonn scrvicc, pursuant to the
Agreement shall be considered employees, scrvantJ or agent. 11fthe City of
Englewood as a result of the perfonnancc of services under the Agrcerncnt ,
e) Violence and acu prohibited by law committed by Trainer or employees ofTraiacr
shall cause immediate termination of the Lease.
~-LICENSES A"'IO PF ,ITS.
Trainer. •t us own c"pcnsc, shall ,ccurc any and all hccnscs and permits for mviccs.
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a) Trainer shall pay ren110 the C11y 111 accordance wuh the following schedule , i.
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Commencing on June l ", 2008, 1he Trainer shall pay 1cn thousand dollars (SI 0,000 .00) onnunll)• 111 monlhl)' installments with the assump1io,1 the Broken Tee Englewood Golf Course opens on May 24, 2008, and sha ll be prorotcd upon the opening dote of the Broken Tee Englewood G,llf Course. In 2008 only, the City will reimburse the Trainer fifty percent (50%) of rent for renovation costs for carpel, paint and renovation to reception area; not to
exceed 1cn thousand dollan ($10,000.00) or tbc City's portion . All
\\'Ork/reno,·ations mUSI be prcapproved by the Director of Parks and Recreation
and the Director of Public Works. Trainer will pro,,jde copies of rcceiplS and
invoices for all renovation work.
Commencing on January 1•, 2009, tbe Trainer shall pay $20,000 per ),<.r u;ici
monthly ($1 ,666.67 per monlh).
Trainer will provide third party sponsorahips for the Holc-N-Onc Jr. Program:
a sponsorship list will be provided 10 the Director of!',.~s and Recreation or
his dcsignee .
The aforesaid fixed rent payments shall be paid each month, m advance, on tl,e
first day of each month or on the first Monday of each month if the first day
falls on Saturday or Sunday.
A penalty fee ofSI0.00 per day or part then'Of shall be charged for each day Cl,
part thereof that the renl is past due, until 12:00 midnight on lhc 14th day past
due. lftbe rent payment is 1101 received by midnight on tbe 14th day past due,
the Trainer shall be in violation of !he terms of this Agreement, and subject to
termination.
~-\JI1LITIES.
The Trainer will be responsible for twenty percent (20%) of all utility coslS for the entire
building.
~ JANlTORIALSERVICE AND TRASH REMOVAL.
City shall be responsible for the reasonable cost of 1J11Sb removal and janitorial service
(provi~ed <even (7) d4ys a week) for the Leased Premises. Nothing in this Paragraph shall
dimini>l: •h~ 1 rainer's requirements set forth in Pmagraphs 9 and 10.
~ PAPIUNG FACILITIES.
J) The existing parking facility adjacent 10 tbe Golf Co1•rsc Clubhouse (hereinafter
called "parking facility") shall be open for use by Trainer and its customers; such
right of use of the said parking facilities shall be non-exclusive right.
b) City shall at its own expense maiutnin the parking facility, which shall include snow
removal when necessary.
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~ SIGNS Any s,gnage for the leased premise shall be the sole rcsponsib1l11y orthe Trainer. All signage must be approved by lhc Direc1or of Parks and Recrca11on or his des1gnce. ~ ADDITIONAL FACILITIES AND EQUlPMENT. Trainer shall have the right to install oddhional facilities and equipment wi1h the consent of 1he Director of Parks and Recreal1on or his dcsignce. Permanently attached fixtures or
equipment shall become property of the City upon termination of the lease. Pcnnanenlly
attached fixtures are considered 10 be any ' mi that causes damage 10 the building upon
removal.
~ SECURITY.
Trainer is responsible for the obiaining of theft insurance covering equipment, supplies and
personal property of Trainer. Such policies shall contain no right of subrogation against
the City. Trainer shall provide a copy of the policy to the Director of Parks and
Recreation. Additional com for security, as required by the Director of Parks and
Recreation or his dcsignee, shall be the re1iponsibility of the Trainc1.
~-PERSONNEL.
a} Trainer shall at 11s own expense employ such qualified personnel as may be
necessary for the training operation and shall require all pmonncl 10 be cle,n. pohtc,
and councous in their transactions with the public.
b) Tl'B.lllcr shall give pmonal supervision and direction to the operauon of the Trairung
Center and, whco absent, keep compcteut personnel in charge.
c} City shall not be responsible for the wages or salaries of any empl oyee or
representative of Trainer, nor for any debts, liabilities or other nbl 1go1ions of Trainer.
d) Neither the Trainer nor th e employees who perfonn services pursunni 10 the
Agreement shall be considered employees, servants or agents oft he Ci1y of
Englewood as a result of the performnncc of services under the Agreement.
c) Violence and acts prohibited by law committed by Trainer or employees of Trainer
shall cause unmediatc termination of the Lease.
Smi2nJ!. LICE-ISES AND PERMITS.
Trmncr, at its 0\\11 expense, shall secure any and all licenses and permits for services.
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••&llilJJJ.2, INSURANCE/INDEMNIFICATION. a) Trainer agrees 10 furnish 10 Ci1y a performance bond or letler oi creJ11 in 1he amoun1 ofTwen1y Thousand Dollars (S20,000.00) guaran1ccing fauhful performance by Trainer of all pa)men1 of rent, utility costs, etc., along 11,ilh all 1enns, co\'enants, and condi1 ions herein cotllnlncd and compliance wi1h applicable Ci ty ordinances . Said bond shall be furnished wilhin 30 days of signed agrecmem and shall renew in effcc1 for the tcnn oflhe lease.
b) Trainer shall a1 Trainer's own expense keep m full force and effect during lhc 1cnn of
this Lease statulory Worker's Compensation covera ge. A copy of the eertifiea1cs of
insurance sh.,11 be sent to the Ci1y in care of the Departmen1 of Risk.
c) INDEMNl.FICATION. Trainer agrees to mdemnify and hold hannlcss lhe City of
Englewood, its Council, employees, insurers, and self ir~urance pool, from and
agnins1 all liabi lily, claims, and demands. on accounl of '"J"'I • loss or damag,
any kind whatsoever, which arise out of or arc in any manner conncc1ed wilh
Trainer, if such injury, loss, or damage is caused in whole or in pan by lhe a.:1,
omission, or olher faull of Trainer, or any officer or employee of Trainer. Trainer
agrees lo investiga1e, handle, respo nd 10, and 10 provide defense for any such
liability, claims, or demands at lhe sole expense of Trainer, and agrees 10 bear all
olher costs and expenses rcla1ed lherc10, including court costs and auomey fe ,
whciher or not any such liability, claims. or demands alleged arc groundless, false, or
fraudulent.
d) INSURANCE.
i. Tr nner ,s to procure and maint1Un, at its own cOSI, a policy or policies of
i~surance sufficient 10 insure agains1 all obliga1ions assumed by Trai ner
pursuan1 10 this Lease.
ii . Trainer shall procure and con1inuously maintain 1he minimum insurance
coverage's listed below, with lhe forms and insurers acccp1able 10 lbe Ci1y of
Englewood. In the case of any claims-made policy, 1he necessary rc1roac1ive
dn1cs nnd exlended reporting periods shall be procured to main1ain such
con1inuous co,·crage.
(A) General liabilily and errors nnd omissions insurance wilh minimum
limils of one million dollars ($1,000,000) per each person and one
mi llion doll ars (S J ,000,000) per each occurrence, plus nn addhional
amount suffieicnl 10 pay related allomcys · fees and defense coSIS.
iii Fir and Ex1ended Coverage Insurance shall be provided by 1he Ci1y on 1hc
ClubHouse building, and exlendcd buildings included in Leased Premises,
only. Tra iner shall be solely responsible fo r securing nn d payi ng for insurance
coverage on those iniprovernenu and conlcnts belonging 10 Trainer localed in
or on 1he Leased Premises. Trainer hereby expressly waives any cnusc of
ac1ion or righ1 of recovery, wh,eh Trainer may hereafter have agnins1 Ci1y for
any loss or damage 10 Leased Premises or 10 any conten1s or improvemenls
1here10 belonging 10 eilher party, caused by fire, explosion, or 1hefl.
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1v. The policies required above s ... 11 be endo rsed 10 include 1he C, ,,, Englewood and lhe Ci1y of Englewood's Council and employees•• nrldnionnl insured Every policy required abo,e shall be primnry insuranct •• nd any insurance carried by 1h1 Cit>'.,, r nglewood, its officm, orits cmpl,,yccs. or camcd by or provided through any self-insurance pool of lhe C11y of Englewood, shall tc exces s and 1101 oontribu1ory insurance 10 1hn1 ,,,," tded by Trainer. v. The ccruficate of insurance provided 10 lhe City of Englewood shall ht
completed by the Trainer's insurance agent as evidence that pohcies providing
the required coverage's, conditions, nnd minimum limits are in full force and
efTccl, and shall be reviewed and approved by lhe City of Englewood prior 10
commencement of the Agn,erncnt. No other fonn of =tificate sluh be used.
The ccnificate shall identify this Agreement and shall provide th., u'e
coverage's afforded under the policies shall not be canceled, 1ermina1rd or
mnterially changed until at least 30 days prior wriucn notice has been givr 10
the City of Englewood. The completed certificate of insurance shall b• .nl
10:
City Clerk
City of Englewood
1000 Englewood Parl-way
Englewood. Colorado 80110
A ccnificd copy of any policy shall be provided to the City of Englewood n1 its
request. A copy of lhe ccnificatcs of insurance shall be sent lo the City in care
ofthe Dq,anmcnt of Risk. I 000 Englewood Parl-way, Englewood, Colorado
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vi. The panics hereto understand and agree that the panics arc relying on, anci do
not waive or intend to waive by any provision oftt-is Agreement, the monetary
limitations {presently $1 ,000,000 per person and $1,000,000 per occurrence)
or any other rights, immunities, and protections pr Jvidcd by the Colorado
Govcrnmen1al Immunity Act, C.R.S. 24-10-10: ct scq.,as from time to time
amended, or otherwi se available to the pan • cs, their officers, or their
employees.
A ccnificatc evidencing said insurance pohcy rnall be kept on iil c with the
Dcpanmcnt of Risk of the City and shall have a provision that Ill• same shall not be
altered, omonded, or canceled without first giving wriucn notifi.:.ition thereof 10 the
City thiny days prior thereto. Trainer funhcr agrees 10 indenmify the City for any
claims brought ag;1ins1 the City because or on account ofTrainct's operatiolL A copy
of the ccnificates of insuronce shaU be sent to the Cuy in care of the Department of
Risk.
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In 1he <"'c111 Inc,,, 11.11ur.1I <11-.1\ltl renders 1he Club Mouse and us Tr:1inmg Ccntc, l,i.illllt• n••r<1• de, rhe I 1Jllltl ,I.ill he rele,scd from the terms of wmpcnsau on 10 he l'"'J di.-< >1) u1111i ,u,J, 11111< ... 1hr Cluh I lou,e and irs Training Cemcr facil11ics arc J~~unl "rcn ,u•I ••)'d,1l>k ") the <'n) If in the event such Training Center faethucs arc 11"1 "JI<'" •nJ •'l'C••hlc "nhm u 1,cn1id of th,n} (30) days from the tune of such d1sos1cr. I r.1111<' h." 1he 11~h11111cm11rn1e ,1 , ~<•mract ond Lease "ith the City under Sc:ct,on 24. r cnnt11.1t111n ,,1 I .... , .. c. -,.,,iu,uncJ hcrem
~. IIR\ll:-.,\110\lll 11 \SI·
n) I h1$ l eJ>r 11.1), JI••> lune. Ix· 1em11na1cd hy cnher pany upon 1h1ny (30) days·
wn11c11 111111,e II• the other" 11hout cnusc
hi I lie p:im,·, nla) 1c1m111.11e 1hc I c.1sc by givmg 1hiny (30) days' wriuen noiicc or a
111.>lnuon ol par1~rn11l" S, o, 7. S, 1), 10, 11, 12.13. 14. and 15.
c) \'1oln1111n nfp;11n~rn11ha !11, 17. 19. nnd 20 shall be grounds for immediate
1cn111mn11rn nf 1hr l.cn~c .
~-DH I\IHff ANI> RFM O\IAI UPON TE RMINATION .
Tnnncr wlll de lover the prcnmc, n1 the 1en11111a11on of this Le,se in as good condition and
s1a1e of rcp:ior 111 when recoavetl. c ~ccpt for ordinary wear and tear or loss or damage
caused by nn ac1 of (Jod Llp()n 1em1111n11011, Trainer sh.ill have the right 10 remove any
supplies ~r (li.'l'St111nl p1,'f"'n)' hclon~mi. m nr ms1nllcd by the opcr:,1or. subject, however. 10
nny vnhd hen N clmm. "h1d1 Cny 11111) h1" c for unpaid fees. Provided also 1ha1 ,f said
renK11al c.iu,CJ DII) 1lam.1i.c 10 1hr prcnu~c,. :wud Trainer will repair the same in a proper
nnd ,.,11,foc11,ry n~1nncr Al 11, ""'" C\f'CI~
~-11us As,«m<nl nu) 11111 he n,"GJ"-d nnJ n sablcasc sholl 1101 be allowed w11hou1 the
wnncn coll>CIII ofholh (l,inu:s
~-Al.lORNl'Y 11 ES l'R I \'i\ll J-.:ti 111\RI'\'
In the cvr111 dial cuher ran) 1<1 du, A~rrcmcnl ,111111 conuncncr any ac11on al,!llmsl 1l\e oUICf pany
ansmg out of or m ronnccuun 1<1111 th" Agrct111C11I. or cnnlc.<llng 1hc ,·nhdny of this Agrcc111C11I
or any promion of 1111, A~cnnc11t, 1hr pm:uhn~ patl) slmll be r111i1lcd 10 recover from 1hc
mhcr pnny re.tSlmnhle annmcy\ f.,.,, nnd rcla1cJ w,1,. fees nnd c xpc1tscs incurred by the
prevailing pnny 111 0011n c-.:11un "nh >ll<h ac1mn or 1>rocccdmg
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Section 25. NOTICES. All notices, demands and commumc,lt mn, hcu.·unJc.•1 ... 11.,11 h,· 1w11111m.d h ,cr\,.11 N ~,, en h~ ccni!icd or registered mail, and a) If intended for CU) shall be ,,J,lrr",.,I t" I 11) •I City of Englewood Allcntion: Director ol Park, nnd Rc<rc,111011
I 000 Englewood parkway
Eng lewood, Colorndo 80 I I 0
with o copy to:
City of Englewood
Allcntion: City Allomcy
I 000 Englewood Pan.way
Engl.wood, Colorado 80110
b) If intended for Tra iner sholl be addressed to Trainer at:
MeGetriek Golf Acodemy
Attention: Brian Thomson
4900 Himalaya Road
Denver. Colorado 80249
<) Any notice given by mail sholl be deemed delivered when dcp0511cd ,n a United
States general or branch post office, addressed as above, wuh J10Stage prepaid. or
when served personally 01 1hc npplicoblc n~dress.
Section 26. ENTIRE AGREEMENT.
This l..case, together with the Exhibit A auaehcd hereto:
a) Contains the entire Lease between the parties; and
b) Shall be governed by the lows of the State ofColoa.uo.
Section 27 . SEVERABILrrv.
If nny clause of provision of tHs Lease is 11lcgal, invalid or u11cnforcc.1blc under present or
fuaurc laws effective during th~ temt of this Lease, then and in .lull cvcnl, it is the intention
of the panics hereto that the reainander of this Lease shall not be afTc.:tcd thereby. It is
also the intention of the panics to this Lease that in lieu of each clau~e or prmision ofthas
Lease that is illegal, invalid or uncnforocablc, then: be added as a pan of this Lease a
clause or provasion as siarular an tcnns to ,u~h Illegal. invahd or uncnforoc~ble clause or
provision as may be possible and be lcgnl. valid and enforceable
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• ~ CAPTIONS. The capllon of each Scc11on is added as n matter of convenience only nnd sh.111 not be considered m lhe con<1ruction of any provision or pro,is,ons of 1h1s Lease. Section l9. BINDING EFFECT. All 1erms, conditions and co,'C!Ulnts to be observed and pcrfom,ed by 1he pnn,cs hcrc10 shall be applicab le 10 and binding ur-n !heir rcspcc1ive heirs. administnuors. execu1ors,
successors and assigns.
IN WITNESS WHEREOF, lhc panics hereto have hereunto sci their hands and seals as
of the day and year first above wriucn.
McGETRICKGOLFACADEMY
''Trainer ..
STATE OF ~d.,/))
/J , • nA /. Ji/) SS. COUNTY OF (,).,"J-f .,._._,.( )
Th9 forcgo~trum~kllowledgcd bcfo~ this J-_ doy of (ll,IJ.)
200_[_, oy 4A U--as ~:t of~oolf
Academy,
~~ c1~
My Commi ssion ,.,pircs: /)-/J(~ f N0111r)' Public
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• • • City Of Englewood .. CG,-(Q)JLJF .iC_(Q) IDIRlliJE Exhibit A
Exhibit A
• COUNCIL COMMUNICATION Dal e: Agenda Item: Subject: May 5, W08 9 c I Englewood Pub lic Library's "Summer Foo d for Fines " Program Initiated By: I Staff Source:
Library Department Hank Long, Director of Library Services
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The Library has sponsored this popular program since 1990, and each year the City C0uncil has
voiced its suppo rt. In 2003 , the annual Food for Fines program wa s expa nded to twice a year at
the requesr of the Library Board, and subsequent ly app roved by City Council, for two weeks during
the summer as well as 1wo weeks between Thanksgiving and Christmas as a way to mitiga te the
increase In Overdue Library Fines and as a way to encourage 1he timely return of EPL materials so
th at they can be used by more people. The two weeks of the Summer Food /or Fines program
covers the las t week of the public school year and the first week of vaca ti ons, a time during whic h
students and teachers are cleaning ou t their desks and lockers in preparation for the summer break
and numerous overdue Library materials are loca te d, whereas the two weeks of the Win ter Food
for Fines program tr ar':tional ly covers the period In between th e Thanksgiving and Christma s
holidays. Historically, each of th es ~ two biannual events averages $1 ,000 • $1,500 In donated food
items for the Interfaith Community :;ervices food bank.
RECOMMENDED ACTION
The Library Department recommends City Cou ncil approve a Resol ut ion au th orizing the Library
Department to imp len,en l its 2008 Summer Food for Fines program from Tuesday, May 27 through
Sunday, June 8, 2008.
BACKGROUND, AN ALYSIS, AND ALTERNATIVES IDENTIFIED
For l he past 1 II years, the Englewood Public Lib rary has provided ils "food for fines' program as a
way for th ose patrons with fines on their overdue EPL materia ls to 'pay" them off through the
donation of non-perishable food items that are, in turn , forwa rded to Interfaith Community
Services for !he ir "food bank' di stribution 10 financially disadvantaged families In 1he Englewood
area . Fol lowi ng 2003 's in crease in maximum Ove rdue Fines from $2 to $5, 1he Library Board
requested that th e number of food items required 10 pay off a single Overdue charge also be
increased beginning with the 2C0 4 Winter Food for Fines prog ram, e.g. ii now ta ke ~ two food items
to cancel ou t 1he late charges {no t los t or damaged charges) on one overdue item. These food
i1ems must be presented to the Library Staff at the Circulation Desk in order for 1he fines to be
c.le ared from the patron 's co mputer record. This program has been warm ly receiv ed and supported
by the public since its Inception, and Library patrons now look forwa rd to it as a way of helping
othe" while relieving theor O\\ n financial obhgatlons. Thus, the program pre,ents a positi, e 1m,1ge • of the Library and the City and is a "win-win" sltuauon for ev, ryone ,nvoh ed. FINANCIAL IMrACT • Since its ,nception, this program has raised almost S34,000 in donated non-perishable food items to assist needy families in the Englewood area. • The money that the Library collects eath month in "late charges· (i.e, charges on books and
other EPL Items returned past their original "d ue date• and past the 3 day "grace period") goes
to the City's General Fund. These revenues traditionally drop about 50% during each of the
Library's two-week Food for Fines programs, but the loss is more than offset by the •good will'
this program generates among Library patrons and bv getting the Library materiJls back on the
shelves so that olhe" can use them.
UST Of ATTACHMENTS
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RESOLUTION 1\0 SERIES OF 2008 A RESOLUTION AUTHORIZING TIIE ENGLEWOOD PUBLIC LIBRARY TO IMPLEME!\'T TIIE "SUMMER FOOD FOR Fl'.\ES" PROGR\M FROM TUESDAY. MAY 271h THROUGH SUNDAY. JUNE 8. 2008. WIIEREAS, lhe Englewood PuMtc L1bral'} has sponsored a "Food fo, fine;• rrogram su1ec 1990: and
WHEREAS. 1he "Food for Fines" program a11ows pa1mns \\ilh o,erdue fines on their overdue
libmry ma1cnals 10 "pay" 1hcm off 1hmugh 1he donation of non-pcnshable food i1cms: and
WHEREAS. 1hc food 11cms arc 1hcn forwarded 10 1hc ln1erfailh Communi1v Services for 1hc1r
"food bank" distribution 10 financially disad\'amagcd families in 1hc Englcw~ area: and
WHEREAS, the progmm is n bC'.nefi110 1he communi1y in 1ha1 the disadvantaged arc assisted:
the air cleared with respect 10 fines: the City receives ,ts library materials back and 1he program
presents a positil'e image of the Library and the City.
NOW, THEREFORE, BE IT RESOLVED BY THE Cff'/ COUNCIL OF TH E CITY OF
ENGLEWOOD, COLORADO. THAT:
~-n,e Englewood Chy Council hereby authorizes the Englewood Public Library's
implementation or1he "Summer Food For Fines• program from Tuesday, May 27th. 1hrough
Sunday, June 8, 2008 . The collec1, d food will then be forwarded 10 1he Interfaith Community
Services for d1s1ributlon 10 financially disadvantaged families in the Englewood area.
ADOPTED AND APPROVED this 5th day of May, 2008 .
ATTEST:
James K. \Vood\\and. Mayor
I oucnsh1a A. Elhs. City Clerk
I. Loucrishia A. EIits, Cny Clerk for the City of Englewood. Colorado, hereby ccnify the
above ,s a true copy of Resolution No. __ . Scncs of 2008.
Loucrishin A. Ellis. t'ity Clerk
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BY \l 'Tl IORITY ORDINANCE NO. SERIES OF 1008 COUNC IL BILL NO . :~ IKTRODlJCED RY COUNCIi MEMBER MOORF AN EMERG8'C'I' ORDINANCE ESTABL ISHING A TEI.VORARY SUSPD:SION OR MORATORIUM ON THE F.STAl3LISIIMEKf OF NEW "ROm11NG OR BOARDING
I IOUSE" US ES FOR A PF.RI O!) OF SIX MONTHS .
\\llEREAS. i1 ha, been brought 1<1 Council's aucnuon 1ha1 the cu,,.cn, Unifonn Development
Code docs nm adequo1cly define or limit "Rooming or Boarding I loust' uses: nnd
\\ 'HEREAS. the s1,1cd purpose of residential d1s1ncts m Title 16. the prior Code w,s 10
"prohibit nll acti\~ucs of• gcncral commercial nature cxccp1 cennin registered home occupations
which are comrollcd by specific li mi1a1i ons": nnd
WHEREAS. wnh the implcnicn1a11on of the Unifonn De, rlopmcm Code. the definmon of
"Rooming or Boarding House"""' om111cd and the 1cnn was innd,crtemly added 10 the
definition of large and small group homes. This has created o co111lic1 "ith the stated purpose of
residential districts. and
WHEREAS. City Council has d1rec1ed stnlTto rcv1c" and rc\'1sc. ifncce<snry. the provisions
regarding "roonung or boardin~ houses": nnd
\\'HEREAS. ,t11Twill need sufficient 11111e 10 re\'icw and c0<1rdmnte the provisions relating 10
"rooming or hoa,6 ng houses" in the Code: nnd
\\'HEREM ·,•, Council deems ii ncct"Ssary 10 •-oordinntc the rC\1t\\ c,fthc Unifonn
OC\'elopmcnt CoJc nnd finds it oppropriotc 10 proh1h11 the cstabli sh111cn1 of new "rooming or
boarding houses" in the City umil the rcv,cw' y the stofT and City Council: and
WHEREAS. in order for the Cny 10 comply \\ilh equal protection issues. the moratorium or
temporary iuspens ion 1111•s1 ap~ly 10 all zone districts unless sp<.-cific ex, ,~p1io"s c.,n he
lcgi1irn:11ely set forth due 10 o finding that a particular lOnc district should be excluded: and
WHEREAS, the revisions lo the Unifnm1 Development Code :ind 1l1e updating of the uses
nllow~-d in oll zone districts will help protect the public health. s.1fety and \\'clfnre by preserving o
Slife. healthy. and sound cnvimnmem within the Cuy: ond
WI IEREAS. the citizens of Englewood nnd the C11y (\,unc1I hnl'c detcnrnncd thnt further
revisions 10 the Unifom1 Oc\'clopmcm Code are ne<:cssnry 10 promote. coordinate. and
1mpkrne111 " high quality plan to produce well balanced zoning m the Cn)~ and
WllllllEAS. the current listing of uses is not meeting the abo\'e criteria. nnd
\VH[REAS. the Cuy C<Minc,1 finds thot a six month morntonum or temporary suspension of
the estabhshmenl of nll new "rooming or bonrding house" uses is nccess.1ry 10 implement the
re\'isi1•M to the Un1fon11 Development Cooc.
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:SO\\. THEREFORE. BE IT ORDAINEI> 8\' THE CITY COill>l'lL m rll~ l'I I\' 0~ F.NGLEWOOD. COi OR,\00, lllAT A MORATORll'~t OR TEMPOR,\RY susrJ-'ISIO'II OF ALL NE\\' "ROOMr.-'G OR BOARDING IIOt.:SE" t.:SES FROM APRIL 28. 2008 ·1 u SEPTEMBER 28. 2008, SI IALI. BE ESTADLISHED. Sec1ion). By reason of1he foci 1hn11hc Englewood Unified Oe\'clop111cm Code does 1101 ad,·qun1cly define or lin111 "rooming or h<>nrding house" uses and for 1hc i11unedi:11c rrescrvo1io11 of1he public propcny, hcahh, pence and snfc1y, ii is hereby declared 1h01 an emergency cx1s1s nnd rha t 1his Ordinance shall 1nkc cffcc1 inunedia1cly upon its final passage.
~-Said mora1orium or 1empomry suspension shall be for all nC\< "rooming or
be>arding house" uses "i1hin 1hc Cuy of Englewood.
~ The Ci1y Council directs Cuy staff to develop approprialc rcconun,,ncfauons 10
Coune,I, .... 1hin six months. 10 be consistcm \\Sib 1his Ordinance and shall pro,ide for an
upda1ing of !he Unifonn OC\·elopmen1 Code relating 10 "rooming or boarding house" uses.
~-Tite Ci1y Council finds 1he provisions of lhts Ordinance are lempomry m na1ure
and arc in1ended 10 be replaced by subsequent legislative enoctment so 1hat the morn1orium or
1empomry suspension ns spcciried in 1his Ordinance shall 1ennina1e on Scp1embcr 28. 2008.
lniroduced. rend in full. and possed on firs! rending as an Emergency Ordinance on lhe 281h
d~y of April. 2008 .
Rend by 1ille and passed on fin:il reading os an Emergency Ordmancc on the S1h day of May.
2008 .
Publtshcd in foll as Emergency Ord111,1ncc No._. Scncs of 2008. on the 9th day of May.
2008.
James K. Woodward. Mayor
A1TEST:
loucrishia A. Ellis. Ci l) Clerk
I, Lc,ucnshia A. Eilts, Cuy Clerk of 1he Cny of Engle\\ood. Colorado. hereb)• ccn,ry lh.11 1he
abm c and foregoing is a true copy of 1he l:mcrgency Ordinance passed on 1inal readmi: and
J)'Jbltshed in full os Ordtll3J1C~ Nn _. Scnes of 2008.
Loucrishtc A Eilts
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.:D UNCIL COMMUN ICATION Date: Agenda Item: Subje<.1: May 5. ~008 11 cl A\\ard Construction 01 S. Broa m,ay Streetscape: Tufts to Be ll eview lniliated By: Staff Source: Department 01 Public Works Rick Kahm, Directo,
David Henderson, Engineering/Capital
Projects Adminiwa1or
COUNCIL GOAL AND PREVIOUS COUNCI L ACTION
• Council approved Resolution No. 78, Series 1999, authorizing the City to apply for Federal
funds under the lntermodal Surface Transportation Efficiency Act (ISTEA).
• Couricil approved Resolution No. 43, Series 2002, authorizing 1he City to apply for Federal
funds under the lntermodal Surface Transportalion Efficiency Act (!STEA).
• Council approved Resolution No . 79, Series 2003. authorizing the City to apply for Federal
fonds under the lntermodal Surface Tiansportatlon Efficiency Act (ISTEA).
• CouricW approved Resolution No. 77, Series 2005, auth orizing the City to apply fo r Federal
funds under the "Safe Accountable fle~ible Efficient Transportation Equity Act~-egacy for
Users• (SAFITTA-LU).
• Council appro, ed Ordinance No. 20, Series 2006, approving an Intergovernmental
Agreement (IGA) "Ith COOT.
• Staff discussed acsign elem en 1s and project status with City Co uncil at Study Sessions in
May and August, 2006.
• Council approved a Motion to award a design contract to Hedrick & Associa tes. LLC on
February 5, l007.
RECOMMENDED ACTION
Staff recommends that C,ty Council award. by Motion, the construction of #South Broadway
Median Streetscape: Belleview Av,nue to Tufts Avenue". The total estlma1ed cost of construction
is $681 ,481.80 ,011s11ting 01 a construc:tion contract with Goodland Construction. Inc. in the
amount of S555,821.80, a Professional Services Agreement wilh Hedrick & Associa1es. LLC. In 1he
amolmt of $69,660.00, and a Cons truction Contingency in the amount of SS6.000.00
BACKGROUND, ANALYSIS, ANO ALTERNATIVES IDE NTlFIED
Englewood first applied to th e Denver Regional Council of Governments (DRCOG) for this median
en hancement proje ct in 199'1 The application requested ~600,000 of Federal Transportation Funds
for design and construction of landscaped medians on South Broadway, between Tufts and
Bellesle\v. Couricil approved Resolutions to re-apply for the project in 2002. 2003, 2005, and 2000 .
ORCO<, ,sied 1he p,o,,,c1 ,b dll ,1ppro1ed ·Enh,111<t,men1 P10Jec1 1111001; hO\\t>\er , 1ederal 1und, • "ere not a, a,lable through COOT 1111111 fl WOf>. Engle\\ ood and COOT ap1l10\ ed ,m IGA co , e1111g the finanoal comm1tn1ents Jnd (ondnlons related to 1he design and conwuc lion 01 thl, project In Juli•, 2006. Slaff prepared and ad, erclsed a Request 1or Proposal>, meeting all COOT and Federal requirem en ts, 10 reta in the sen Ices of,, design ,onsuhan1. On Ft!bma,y 5, 200;, ,1f1er ob 1a111ir1g CDOT's approval of our process and se lection, Cl1y Council awarded a desig11 con1rac1 lti H~dric k & Associates. In lune, 2007, "e sponsored an open house public meeting 10 solicit comments from the adjacent
OIVners and businesses. Many ol the business owners were aware ol the proposed design lrom
public meetings held In 1999/2000 and all who auended appeared to support the project The
scope oi work submi1t"d with our apphcatlon for Federal Funding included lns1allong •raised.
plan1ed/1rrigated landscapt,d m"dians·. similar to the design and chem~ of the medians constructed
rrom Yale 10 Hampden. Hednck & Associates completed the final plans ,n Julv. 2007. COOT
Issued a ·concurrence lo Advertise• on March 11 , 2008 and the project was advertised on March w•.
Bids were opened on April l 7~. The low bidder, Goodland Construction. submiued a bid
approximately 30% lower than the engineer's esti mate. Goodland is a pre-qualified co n1rac1or with
COOT and they have mel the required 13% Underutiliz ed Disadvantaged Business Enterprise
( UDBE) goal of 13" o. Staff is satlsfled whh 1he qualifications and repu tation of Goodland
Construc tion. The, lme successfully completed three other Federal Aid projects for Englewood In
the past ten ye~rs. COOT concurs with our recommendation to award this contract to Goodland
Construction. •
Pending approval oi this Motion, cons1ruc11on should begin around :he first of lune and be
c ompleted during lhe month of September
FI NANCIAL IMPACT
Five bids were recel\ed and opened as detailed in the attached Bid Tabula tion Sheet An add-
alterna te price was requested to slain 11,e existing median concrete pavement between Grdnd
Avenu~ and Belleview, Prlclnf the ,1hernate area separately allows th e City to l1ml1 or Increase th e
scope of work, dependi ng upe, 1 pricing con1rac1ors provide. Scaff recommends acceptin g this
alterna te 10 provide a consistent look to the median. The Engineer's estimate for the project Is
S795,477 .90. Oe1a1led below are the costs associated with the projec t:
Goodland Construction, Inc. (Construcuon Conlractl
Hedrick & Associates (Construc uo n Observallon)
Contingenq (1C)%)
Tot;il Estim;ited Constnlction Cost
SSSS,62 1.80
69,660.00
Sb.000.00
S68 t ,48 1.80
Per our existing IGA. federal partlclpa1ion for this pr,• •
S600,000 cap on the federal portion. We have rec-
the project. leaving S527,000 for constructi on. De '" •.
design, bro~en out by funding source:
·. anrl tht-local match Is 20% w11h a
·· , federal funds for the design of
the 101al project costs, including
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fhfil Et~tral Eu112i LQ!;al Ma11;h Tsm! Design $73,000.00 $44,656.00 S117,658.00 Conmuction mZQQQQQ ~ 1 :i4,481.8Q s~~J ,4!11 ,110 Total Project S&00,000.00 $199,139.80 S799, 139.80 Local matching funds, in the amount o( $269,000, are bu<'geted and a1 ailable in the Public lmpro,ement Fund LIST OF ATTACHMENTS
Drawing a/Typical Median
Bid Tabulallon Sheet
Contract fo r Cons truction
Prolesslonal Services Agreement
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.,__,..:,i Yt:=n 0,-~
:3ROAD~AY "1E D I A1' I MPROVEMENTS
• City of Englewood B id Tabulation Sheet Bid Opening: O.U17/08 10:00 a .m . • rTEM· ITB--08-117 South Broadway Streetseape· Tufts to Belleview (STE M395--011) . Bid lt..,.ipt of Bond Adclendurr. uoee Vendor YIN .,_ 2.3 Goal% ~!!._~ Altemat.l 1 KECICO/cwadoll,c y y 11-$793.335-00 $19.43$,00 NorAConcrwmCott.-y y 17.-"71.522.22 $$1,483.95 -p,o.;__, ·-·
Tw:h_,,_,,~,..tm, I y y 13.1"" H13,5Sl.oo $29,211.00
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QualHvPavfng CO .. " 1.U .1" $657,290.92 $23,772.00 ---i7I0,724AO $14,753.50
• Total Project st12.no.oo S92'.9H.17 \;Z~-,;t;
Sa.t2,711.00
Hl1,0l2.t2
S785,4TT.90
H ~TEA,..21 p.llftlldS,\Bt:oadwet ~Ul 10 ~ 0petw,e fror7" ~ Medlana JCll
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CONTRACT FOR CONSTRUCTION CITY OF EN GLEWOOD, C0 '..ORADO THIS CO NTRACT and agreement, madt1 ~.id entered into lhis 5th day of May, 2008 , by and between lhe Cily of Englewood, a mu nicipa l corporation of the Stale of Colorado hereinafter referred lo as l he •cily', and .. oodland Construction, Inc. whose address Is 760 Nile SI , Golden , Colorado, 80401 , hereinafter referred lo as the ·contractor'. Commencing on lhe 13" day of March , 2008 , and continuing for at leasl ten (15) days thereafter the Ctty advertised that sealed proposals would be received for furn ishing all labor, lools , supplies, equipment , materia ls and everything necessary and required 10<
lhe following:
PROJECT: SOUTH BROADWAY MEDIA N STREETSCAPE: BELLEVIEW AVEN UE
TO TUFTS AVENUE (STE M395-011)
WHEREAS , proposals pursuant to said advertisement have been received by the Mayor
and City Council and have lx>~n certified by thA Director of Public Works to the Mayor
and City Council wrth a recomr ucndatlon that a contract for work be awarded to the
above named Contractor who V."'U lhe lowest reliab le and responsible bidder therefore,
and
WHER EAS , pursuant to said recommendation the Contract has been awarded to the
above name Contractor by the Mayor and Ctty Council and said Contractor is now willing
and able to perform all of sa id work In accordance with sa id advertisement and his
proposal. •
NOW THEREFORE. in consideration of the compensation to be paid the Contract. the
mutual ag reements hereinafler contained:
A. Contract Documents : II ls ag reed by the parties hereto that the following list of
Instruments, drawings and documents which are attached or Incorporated by
reference constitute and &hall be referred lo either as the Contract Documents
or the Contract and all of said Instruments , drawings, and dccuments taken
together as a whole constitute the Cont:acl between the parties hereto and
they are as fully a part of this agreement os if they were set out verbatim and
in full :
Invitation to Brd
Contrad (th is Instrument)
Special Provisioos lnsumnce
Performance Payment I,,alntenance Bor.d
Attacheo drawings sheets 1-52
Color.ido Department of Transportation (CDOD
-Standard Specifications for Road & Bridge Con&true1 ion
-Sta11dard Special Provisions
-Project Special Provisions
B. Scope of Work : The Contractor agrees lo and shal l furnish all labor, tools,
supplies . equipment. materia ls and everything necessary for a ; requrr&J to
do , perform and complete all the work described. drawn, set forth. shown and
included In sa id Contract Documents
C. Terms or Performance : The Contractor agrees to undertake the performance of the work under this Contract within twenty (201 days from being notified to • commence work by the Director of Public Works and agrees to fully complete said work within eighty 1801 working days , plus such extension or extensions of time as may be granted by the Director of Public Works in accordance with the provisions of the Contract Documents and Specifications. 0 . Indemnification: The city cannot and by this Agreement/Contract does not agree to indemnify, hold harmless, exonerate or assume the defense of the Vendor or any other person or enttty, for any purpose . The Vendor shall defend, Indemnify and save harmless the City, Its officers , agent~ and employees from
any and all claims, demands, suits, actlons or prooeedinss of ony kind or nature
including Worker's Compensation claims, in any way resulting from or arising out
of this Agreement/contract: provided, however, that the Vendor need not
indemnify or save harmless the City, Its officers , agents and employees from
damages resulting from the sole negligence of the City's offic9rs, agents and
Employees.
E. Tennlriation of Award for Convenience: The City may terminate the award at
any time by giving written notice to the successful vendor of such termination
and specifying the effective date of such termination, at least thirty (30) days
before the effective date of such tem1ination . In that event all finished or
unfinished service, reports , material (s) prepared or furnished by the successful
firm after the award shall, at the option of the City, become ffs property. If the
award is tenninated by the City as provided herein, the successful firm wiJ1 be
paid that amount which bears the same ratio to the total compensation as the •
services actually performed or material furnished bear to the total
services/materials the successful firm covered by the award, less payments of
compensation Jl(eviously made. If the award is terminated due to the fault of the
successful firm , the clause relating to term ination of tho aw..rd for cause shag
apply.
F. Termination of Award for Cause: If, through any cause, the successful firm shan
fall to fulfill in a timely and PfOper man'ler tts obligations or If the successful firm
shall violate any of the covenants, agreements or stipulations of the award, the
City shall have the right to terminate the award by giving written noti<'e to the
successful firm of such termination and specifying the effective date ot
termination. In that event, all furnished or unfinished services, at the option of
the City, become Its property, and the successful firm shall be ent itled to receive
just, equitable compensation for any salisladory work documents, Pfepared
completed or materials as furnished
Notwithstanding the above, the successful firm shall not be relieved
of the llabillty to the City for damages sustained by the City by
virtue of breach of the award by the successful firm , and the City
may withhold any payments to the successful firm for the purpose of
set off until such lime as the exact amount of damages due the City
from the successful firm Is c'.etermined.
G. Tenns of Pavment: The City ag rees to pay the Contractor for the performance •
of all the work required under this contract. and the Contractor agrees to
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accept as his full and only compensation therefore, such sum or sums of money as may be proper in accordance with the price or pnces set forth in the Contractor's propos.il attached and made a part hereof, the total estimated cost thereof being Five Hundred Fifty Five Thousa nc!, Eight Hundred Twenty One dollars and eighty cents ($555,821 .80 ). E Appropriation of Funds: At present , $555,821 .80 has been appropriated for the project. Notwithstanding anything contained in th is Agreement to the contrary, In the event no funds or insufficient funds are appropriated and budgeted by the go11ernlng body or are otherwise unavailable In any following fiscal period for which appropriations were received without pena lty or expense except as to those portions of the Agreement or other amounts for
which funds have already been appropriated or are otherwise available. The
City shall immediately notffy the contractor or its assignee of such occurrence
in the event of such termination .
F. Contract Binding: It is agreed that this Contract shall be binding on and inure
to the benefit of the parties hereto, their heirs, executors, administrators.
assigns, and successors .
Verification ofCompliancewjth C,R.S. 8-17.5-101 ET.SEQ Regarding Illegal Allens
(a) Employees, Contractors and Subcontractors: Contractor shall not
knowingly employ or contract wit h an Illegal alien to perform work under thi s Contract.
Contractor shall not contract with a subcontractor that (I) knowingly employs or contracts
with an illegal alien to perform work under this Contract or (II) falls to certify to the
Contractor that the subcontractor will not knowingly employ or contract with an illegal
alien to perform work under this Contract. (CRS S.17.5-102(2)(a)(I) & (II).)
(b) Verification: Contractor has verified or attempted to verify through
participation in !he "basic pilot program· (authorized by P.L204 of 10411 Congress and
amended by P.L.156 of 108" Congress) that Contractor does not employ any illegal
aliens. And, if not accepted Into the "basic pilot program" prior to entering into this
Contract, Contractor further verifies, Contractor will apply to participate In the 'basic pilot
program' every three months until Contractor is accepted or this Contract Is completed,
whichever is earlier. [CRS 8-17.5-102(2)(b)(l).J
(c) Limitation regard ing the "Basic Pilot Program: Contractor shall 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).J
(d) Duty to Tenn lnate a Subcontract: If Contractor obtains actual
knowledge that a subcontractor performing work under this Contract knowingly employs
or contracts with an illegal alien, the Contractor shall;
(1) Notify the ,subcontractor and the City within three days that the
Contractor has actua I knowledge that the subcontractor Is employing or
contracting with an illegal alien ; and
(2) Terminate the subcontract with the subcontractor if, within three days
of receiving notice that the Contractor has actual knowledge that the
subcontractor is employing or contracting with an Illegal alien, the sutx-.ontractor
does not stop employing or contracting with the illegal a hen (CRS 8-17 .5-102(2)(b)(lll)(A) & (B) I (3) E1tceptlon: If the subcontractor provides Informatio n to establish that the subcontractor has not knowingly employed or contracted with an illegal alien and the subcontractor stops employing or contracting with the Illegal alien. (e) Duty to Comply w ith State Investig ation: Contractor shall comply with any reasonable request of the Colorado Department of Labor and Employment made In lhe course of an investigation pursJant lo C.R.S , 8-17 .5-102 (5). (CRS 8-17 .5-102(2)(b)(IV).J
(I) Damages for Breac h of Contract : The City may terminate this contract for a
breach of contract, in whole or in part, due to Contractor's breach of any section
of this paragraph . Contractor slnall be liable for actual and consequential
damages lo the City In addition lo any other legal or equitable remedy the Ctty
may be enlttled to for a breach of lli'us Contract.
IN WITNESS WHEREOF, lhe parties have caused these presents to be signed
personally or by their duly authorized officers or agents and their seals affixed and duly
attested the day and year first above written
This Contract Is executed in 5 counterparts.
CITY OF ENGLEWOOD
Contractor
by ___________ _ by __________ _
Party of the Second Part Mayor
Party of the First Part
ATTEST: ATTEST :
Secretary City Clerk
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PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (the "Agreement') ,s made as of this 5th day of May 2008 by and between Hedrick & Associates, LLC, whose address 1s 2455 West Ma,n Street. Littleton. Colorado. 80120-1910 . ("Consultant") and The City of Englewood. Colorado. a municipal
corporation organized under the laws of the stale of Colorado ("Cit y").
City desires thal Consultant provide engineering consulting services, for the project South Broadway
Median Streetscape: Belleview A venue to Tufts Avenue, STE M395-011 1 as described in
Schedule A, and Consultant desires to perfO!TT1 such services on behalf of City on the terms and
conditions set forth herein, the total estimat ed cost thereof being Sixty nine thousand six hundred
sixty dollars and no cents ($69,660.001.
In consideration of lhe foregoing and lhe terms hereinafter set forth and other good and valuable
consideration. the receipt and suffici ency of which are hereby acknowledged, the parties hereto,
intending to be legally bound, agree as follows:
1. Definitions.. The terms set forth below shall be defined as foUows·
(al "Intellectual Property Rights" shall mean any and all (by whatever name or term known
or designated) tangible and intangible and now known or hereafter existing (1) rights associate with
works of authorship throughout the universe. including but not limited to copyrights, moral rights , and
mask-works, (2) trademark and trade n ame rights and similar rights, (3) trade secret rights, (4)
patents. designs, algorithms and other industrial property nghts, (5) all other intellectual and industrial
property rights (of every kind and nature throughout the universe and however designated) (including
logos, ·rental" rights and rights to remuneration), whether arising by operation of law. contract,
license. or otherwise, and (6) all registrations. initial applications. renewals, extensions, continuations,
divlsio,s or reissues hereof now or hereaftt!r in force (Including any rights in any of the foregoing)
(b) 'Work Product• shall mean all patents. patent applications, i nventions, designs, mask
works processes, meth odologies, copyrights and copyrightable works. trade secrets includlng
confidential information, data, designs, m anual s, train ing materials and documentation , formulas ,
knowl<!dge of manufacturing processes, methods. prices, financial and accounting data, products and
product specifications and all olher lnlellectual Property Rlghls created, developed or prepared,
docunented and/or delivered by Consultant, pursuant to lhe provision of the Services
2. Statements of Work. Ouring the term hereof and subject to the terms and cond1l1ons
cont ained herein, Consultant agrees to provide, on an as requested basis, the consulli ng services,
systems inlegratlon services. data conversion services. training services, and related services (the
"Serv,ces") as fur1her described In Scihedule A (the "Stalement of Work") for City, and i n such
additional Statements of Work as may be executed by each of the par1ies hereto from lime to hme
pursuanl to this Agreement Each Statement of Work shall specify the scope of work. specifications,
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basis of compensation and paymenl schedule, estimated length of time required to complete each •
Statement of Work, Including the estimated start/finish dates, and olher ralevanl Information and sha ll
incorporate all terms and conditions contained in lhis Agreement.
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3. Performan ce of Services . (a) Performance. Consultant shall perform the Serv1ces necessary to complete all projects outnned in a Statement of Work in a timely and professional manner consistent with the specifications. if any, set forth in the Statement of Work, and in accordance with industry standards. Consultant agrees to exercise the highest degree of professionalism. and to utilize Its expertise and creative talents In completing the projects outlined In a Statement of Work . (bl Delays. Consultant agrees lo notify Ctty promptly of any factor, occurrence, or event coming to its attention that may affect Consultant's abmty to meet the requirements of the Agreement, or that is likely lo occasion any material delay In completion of the projects contemplated by this
Agreement or any Statement of Work. Such notice shall be given in the event of any loss or
reassignment of key employees, threat of stnke. or major equipment failure . Time Is expressly made
of the essence with respect to each and every term and provision of this Agreement.
(c) Discrepancies. If anything necessary for the clear understanding of the Services has
been omitted from the Agreement specifications or It appears that various instructions 3re in connlct,
Vendor shall secure written Instructions from City's project director before proceeding with the
performance of the Services affected by such omissions or discrepancies.
4. Invoices and Payment. Unless otherwise provided in a Statement of Work, Oty shall pay the
amounts agreed to in a Statement of Work within thirty (30) days following the acceptance by City of
the work called for In a Statement of Work by City. Acceptance procedures shall be outlined In the
Statement of Work . If City disputes all or any portion of an Invoice for charges, then City shall pay the
undisputed portion of lhe Invoice by the due dale and shall provl 'e the following notification wilh
respect to the disputed portion of the Invoice. City shall notify Consultant as soon as possible of the
specific amount disputed and shall provide reasonable detail as lo the basis for lhe dispute. The
parties shall then attempt to resolve the disputed portion of such Invoice as soon as possible . Upon
resolution of the disputed portion, City shall pay to Consultant the resolved amount.
5. Taxes . City Is not subject to taxation. No federal or other laxes (excise , luxury,
transporta tion, sales. etc.) shall be Included in quoted prices. City shaU not be obligated to pay or
reimburse Consultant for any taxes attributable to the sale of any Services which are imposed on or
measured by net or gross income, capital , net worth, franchise, privilege, any other taxes. or
assessments, nor any of the foregoing imposed on or payable by Consultant. Upon written
notification by City and subsequent verification by Consultant. Consultant shall reimburse or credit, as
applicable, City in a timely manner. for any and all taxes erroneously paid by City. City shall provide
Consultant with, and Consultant shall accept in good faith, resale, direct pay, or other exemption
certificates , as applicabl e.
6. Out of Pocket Expenses . Consultant shall be reimbursed only for expenses which are
expr11ssly provided for in a Statement or Work or which have been approved in advance In writing by
City , provided Consultant has furnished such documentation for authorized expenses as City may
reasonably request.
7. Audits. Consu ltant shall provide suc h employees and Independent auditors and Inspectors as
Clly may designate with reasonable access to all sites from which Services are performed for the
purposes or performing audits or Inspections of Consultant's operations and compliance wilh this
Agreement. Consultant shall provide such auditors and inspectors any reasonable assistance that
they may require Such audits shall be conducted in such a way so that the Services or services to
any other customer of Consultant are not Impacted adversely .
8. Term and Termination. The term of this Agreement shall commence on the Effective Date and shall continue unless th is Agreement is lerminated as provided in lhis Secllon 8. (a) Convenience . City may , without cause and withoul penally , lerm inale l he provision of Services under any or all Slalements of Work upon lh irty (30) days prior wrillen notice . Upon such lerm inallon, Cily shall, upon receipl of an Invoice from Consultant, pay Consultant for Services actually rendered prior to the effeclive dale of such termination . Charges will be based on lime expended for all incomplete !asks as listed in the appl ic able Statement of Work , and all completed tasks will be charged as indicated in the applicable Slatemenl of Work. (b) No Outstanding Statements of Work. Either party may terminale lh1s Agr ee ment by
providi ng the other party with at least thirty (30) days prior written notice of lerminalion if ther e are no
outstanding Statements of Work .
(c) Material Breach. If either party materially defaults in the performance of any term of a
Statemenl of Work or this Agreement with respect to a specific Statement of Work (other than by
no npayment) and does no c substanlially cur!l such default within thirty (30) days after re ce iving written
nolice of such default , then the non -defa ul ling party may terminate this Agreemenl or any or all
outstanding Statements of Work by providing ten (10) days prior written notice of termina tion to the
defaulting party .
(d) Bankruptcy or Insolvency. Either party may terminate this Agreeme11 t effective upon
written notice stating Its inten tion to terminate in lhe event lhe other party: (1) makes a general
assignment of all or substantially all of ils assets for the benefit of its creditors: (2) applies for,
consents lo, or acquiesces in the appointment of a rec eiver, trustee, custodian, or liquidator for Its
business or all oi substant ially all of its assets ; (3) files, or consents to or acquiesces in, a petition
seeking relief or reorganization under any bankruplcy or Inso lvency laws; or (4) files a pelition seeking
relief or reorganization under any bankruptcy or ins olvency laws Is file d against that other party and is
not dismissed within sixty (60) days after ii was filed.
(e) TABOR. The parties understand and acknowledge lhat each party Is subject lo Miele X,
§ 20 of the Colorado Constitution ("TABOR"). The parties do not intend to vio late the terms and
requirements of TABOR by the execution of lhis Agreement. It is unde ratood and agreed that this
Agreement does nol creale a multi -fiscal year direct or ind:rect debt or obligalion within the meaning
of TABOR and, notwilhstanding anything In lhls Agreement to the conlrary, all payrrent obligations of
City are expressly dependent and condilloned upon the conl inuing availability of unds beyond the
term of Cily's current fiscal period ending upon the nexl succeeding Decem be 31. Financial
c1bligaLions of City payable after the current fiscal year are conllngen l upon funds for lha t purpose
being appror~ated, budgeted, and otherwise made available in accordance with the rules ,
regulations , and resolutions of City and appl icable law. Upon lhe failure lo appropriate such funds,
this Agreement shall be deemed terminated .
(f) Return of Property. Upon terminalion of this Agreement , both part ies agree lo return to
the olher all property (inclu ding any Confidenlial Information , as defined in Section 11) of the other
party lhat it may have in ils possess io n or control.
9. City Obligations. Cily will provide limely access lo City personnel, systems and informalion
required fo r Consultant lo perform its obligalions here under. City shall provide to Consultant 's
employees performing ils obligations hereunder at City 's premises, wilhout charge , a reasonable work
environment in compliance with all applicable laws and regula li ons , including office space , fumilure ,
telephone service, and reproduction , computer, facs imile, secrelarial and other necessary equ lpmenl, •
supplies, and services . With respecl lo all third party hardware or software operated by or on behalf of
City, City shall , at no expense to Consultant, obtain all consents, licenses and sublicenses necessary
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for Consullant to perform under the Statements of Work and shall pay any fees or other costs associated with obtaining such consent!. licenses and sublicenses . 10. Staff Consultant Is an independent Consultant and neither Consultant nor Consultant's staff is. or shall be deemed to be employed by City. City is hereby contracting with Consultanl for the Services described in a Statement of Work and Consultant reserves the right to determine the method, manner and means by which the Services will be performed. The Services shall be performed by Consultant or Consultant's staff. and City shall not be required to hire, supervise or pay any assistants to help Consultant perform the Services under this Agreement. Except to the extent thal Consultant's work must be performed on or with City's computers or City's existing software. all materials used in providing the Services shall be provided by Consullant.
11. Confidential Information.
(a) Obligations. Each party hereto may receive from the other party information which relates
to the other party's business. re~earch, development, trade secrets or business affairs ("Confidential
Information"). Subject lo the provisions and exceptions set forth in the Colorado Open Records Act,
CRS Section 24-72-101 et. seq., each party shad protect all Confidential Information of the other party
with the same degree of care as it use:s to a\/Oid unauthorized use, disclosure, publication or
dissemination of Its own confidential Information of a similar nature, but In no event less than a
reasonable degree of care. Without limiting the generality of the foregoing, each party hereto agrees
not to disclose or permit any other person or entity access to the other party's Confidential Information
except such disclosure or access shall be permitted to an employee, agent, representative or
Indepe ndent Consultant of such party requiring access to the same In order to perform his or her
employment or services. Each party shall insure that the ir employees, agents. representatives, and
Independent Consultants are advised of the confldential nature of the Confidential Information and are
piectuded f,om taking any action prohibited under this Section 11. Further, each party agrees not to
alter or remove any identification, copyright or other proprietary rights notlell which Indicates the
ownership of any part of such Confidential Information by the other party. A party hereto shall
undertake to immediately notify the other party in writing of all circumstances surrounding any
possession. use or knowledge of Confidential Information al any location or by any person or entity
other than those authorized by this Agreement. Notwithstanding the foregoing, nothing In this
Agreement shall restrict either party with respect to information or data identical or similar to that
contained in the Confidential Information of the other party but which (1) that party rightfully
possessed before it received such information from the other as evidenced by written documentation;
(2) subsequently becomes publicly available through no fault of that party; (3) Is subsequently
furnished rightfully to that party by a thi rd party without restrictions on use or disclosure; or (4) is
required to be disc losed by law, provided that the disclosing party will exercise reasonable efforts to
notify the other party prior lo disclosure.
(bl Know-How. For the avoidance of doubt neither City nor Consultant shall be prevented
from making use of know-how and principles learned or experience gained of a non-proprietary and
non-confidential nature.
(c) Remedies . Each of the parties hereto agree that if any of them , their officers, employees
or anyone obtaining access to the Confidential Information of the other party by, through or under
them, breaches any provision of this Section 11, the non-breaching party shall be entitled to an
accounting and repayment of all profits, compensation. commissions, remunerations 3nd benefits
which the breaching party, its officers or employees directly or indi rectly realize or may realize as a
result of or growing out of. or in connection with any such breach . In addition to. and not in limitation
of the foregoi ng, in the event of any breach of this Section 11, the parties agree that the non-
breaching paI1y will suffer irreparable harm and that the total amount of monetary damages for any
such injury to the non-breaching party arising from a vio lation of this Section 11 would be Impossible
to calculate and would therefore be an Inadequate remedy at law. Accordingly, the parties agree that the non-breac hing party sha ll be entitled to temporary and permanent injunctive relief against the • breaching party, its officers or employees and such other rights and remedies to which the non-breaching party may be enlttled to at law, In equity or under this Agreement for any violation of this Section 11 . The provisions of this Section 11 shall survive the expiration or termination of this Agreement for any reason. 12. Project Managers, Each party shall designate one of its employees to be its Project Manager undur each Statement of Work. who shall act for that party on all matters under the Statement of Work . Each party shall notify the other in writing of any replacement of a Project Manager. The Project Managers for each Statement of Work shall meet as often as either one requests to rev.aw the
status of the Statement of Work .
13. Warranties.
(a) Author i ty. Consultant represents and warrants that· (1) Consultant has the full corporate
right, power and aut hority to enter Into this Agreement and to perform the acts required of II
hereunder; (2) the execution of this Agreement by Consultant, and the performance by Consultant of
its obligations and duties hereunder, do not and will not violate any agreement to which Consultant Is
a party or by which II Is otherwise bound under any applicable law, rule or regulation; (3) when
executed and delivered by Consultant. this Agreement will conslilulP the legal , valid and binding
obligation of such party, enforceable against such party in accordance with Its terms; and (4)
Consu ltant acknowledges that City makes no representations, warranties or agreements related to the
subject matter hereof that are not expressly provided for in this Agreement
(b) Service Warranty. Consultant warrants that its employees and Consultants shall have •
sutticient skill, knowledge, and training to perform Services an1 tnat tne Services shall be performed
in a professional and workmanlike manner.
(c) Personnel. Unless a specific number of er·;,1oyees ls set forth in the Statement of Work,
Consultant warrants it will provide sufficient employees to complete the Services ordered within the
applicable time frames established pursuant to this Agr86ment or as se t forth In the Statement of
Work.. During th e course of performance of Services, City may, for any or no reason, request
rep lacement of an employee or a proposed employee. In such event, Consu ltant shall, within five (5)
working days of receipt of such request from City, provide a substitute employee of sufficient skill,
knowledge , and training to perform the applicable Services . Consultant shall require employees
providing Services at a Qty location to comply with applicable City security and safety regulations and
policies.
(d) Compensation and Benefits. Consultant shall provide for and pay the compensation of
em ployees and shall pay all taxes, contributions, and benefits (such as, but not limited lo, workers'
compensation benefits) which an employer is required to pay relating to the employment of
employees. City shall not be liable lo Consultant or to any employee for Consultant's failure to perform
its compensation, benefit. or tax obligations. Consultant shall Indemnify, defend and ho'1 City
harmless from and against all such taxes, contnbutlons and benefits and will comply with all
associated governmental regu lations, Including the filing of all necessary reports and returns.
14. Indemnification.
(a) Consultant Indemnification. Consultant shall indemnify, defend and hold harmless City,
Its directors, officers, employees, and agents and the heirs, executors , successors, and permitted .,
assigns of any of the foregoing (the "City lndemnitees") from and against all losses, claims ,
obligations , der,ands, assessments, fines and penalties (whether civil or criminal), liabilities,
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expenses and costs (including reasonable fees and disbursements of legal counsel and accountants), bodily and olher personal injuries. damage lo langible property, and other damages. of any kind or nalure, suffered or incurred by a City lndemnilee d11ectly or inoirectly arising from or relaled lo: (1) any negligent or mtenbonal act or omission by Consultant or its representatives in the performance of Consultant's obligations under lhls Agreemenl, or (2) any material breach In a representation, warranty, covenant or obligation of Consultant contained in this Agreement. (b) Infringement. Consultant will indemnify , defend, and hold City harmless from all lndemnlflable Losses arising from any third party claims that any Work Product or methodology supplied by Co nsultant Infringes or misappropriates any Intellectual Property rights of any third party; provided , however, that the foregoing indemnification obligation shall not apply to any alleged
infringement or misappropriation based on : (1) use of the Work Product In combination with products
or services not provided by Consullant to the extent tha t such infringement or misappropriation would
have been avoided if such other products or services had not been used; (2) any modification or
enhancement to the Work Product made by City or anyone other than Consultant or i ts
subConsultants; or 3) use of the Work Product other than as permitted under this Agreement.
(c) lndemnlfit:atlon Procedures. Notwith-standing anything else conta ined in this
Agreement, no obligation to indemnify which Is set for1h in this Section 14 shall apply unless the party
claiming Indemnification notifies the other party as soon as practicable lo avoid any prejudice in the
cla im, sull or proceeding of any matters In respect of which the indemnity may apply and of which the
notifying party has knowledge and gives the other party the opportunity lo control the response
thereto and lhe defense lhereof; provided, however, that the party claiming Indemnification shall have
the right to participate in any legel proceedings to contest and defend a claim for Indemnification
Involving a lhird party and to be re~resented by Its own allomeys, all al such party's cost and
expense; provideo further, however. that no settlement or compromise of an asserted third-party claim
other than the paymenVmoney may be made without the prior written consent or the party claiming
indemnification.
(d) Immunity. City, Its officers, and Its employees , are relying on, and do not waive or intend
to wai ve by any provision of this Agreement. the monetary limitations or any other rights, immunities,
and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as
from time to time amended , or otherwise available to City, its officers, or its employees.
15. Insurance.
(a) Rec:ulrements. Consultant agrees to keep in full force and effect and maintain at its sole
cost and expens~ the following policies ?I insurance during the term of this Agreement:
( 1) The Consultant shall comply with the Workers' Compensation Acl of Colorado and
shall provide compensation insurance to protect the City from and against any and all Workers '
Compensation cla ims arising from performance of the work under this contracl Workers '
Compensation lnsuram.3 must cov,3r obligations Imposed by applicable laws for any employee
engaged in the performance of work under this contract, as well as the Employers· liability within the
minimum statutory fimits.
(2) Commercial General Llabttlty Insurance and auto liability Insurance (includ ing
contractual liability insurance ) providing coverage for bodily Injury and property damage with a
combined single limit of not less than three million dollars ($3,000,000) per occurrence .
(3) Professional Lla billty/Errors and Omissions Insurance covering acts, errors and
omissions arising out of Cons ultant's operations or Services In an amount not less than one million
dollars ($1,000,000) per occurrence .
(4) Employee Dis hon esty and Computer Fraud In surance ~overing to ss es ar isi ng out of or in connection with any fraudulent or dishonest acts comm itte d by Consultant personnel , acting alone • or wit h others. in an amount not less than one million do llars ($1,000,0 00 ) pe r occurrence (b) Approved Companies. All such ins urance sha ll be procured with such in surance companies of good standing , permitted to do business in th e country . state or te rritory where th e Services are bei ng performed . (c) Certificates . Consultant shal l provide City with certi fi cates of ins urance evidencing comp nan ce with this Se ction 15 (ind ud ing evid ence of re newa l of insurane.e) signed by authorized representa tiv es of the rtispec li ve carriers for each year that th is Agreement is in effect. Cert ificates of
insu ran ce will list the City of Englewood as an add itional insured . Each certificate of in surance shall
provide that the issuing company shall not cancel , reduce , or otherwise materially change the
in surance afforded under the above polic ies unless thirty (30) days ' notice of such cancellation ,
reduction or material change has been provided lo City.
16 . Rights In Work Product.
(a) Generally. Except as specifically agreed to the con trary in any Statement of Work, all
Intellectual Property Rights in and to the Work Product prod uced or prov ided by Consultant under any
Statement of Work shall remain the property of Consullant With respect to the Work Product ,
Consullant uncond itionally and irrevocab ly grants to City during the term of such Intellectual Property
Rights . a non-exclus ive, Irrevocab le, perpetual , worldwide , fully pa id and roya lty-free license , to
reproduce , create derivat ive works of , distribute, publ icly perform and publi cly display by all means
now known or later developed, such Intellectual property Rights .
(b) Know -How . Notw ithstanding anything to the contrary herei n, each pa1ty and its e
respective persornel and Consultants shall be free to use and employ Its and lh elr ge neral skills,
know -how , and e~pertise . and to use . disclose , and employ any general ized idea:., concepts, know-
how, methods , techn iques , or skills gained or learned during the course off any assignment, so long as
ii or they acquire and apply such informa lion without disclosure of any Confidential Informat ion of the
other party .
17. Relationship of Parties. Consultanl is act in g only as an independent Consultant and does not
undertake, by th is Agreement , any Statement of Work or otherwise, to perform any obl igation of City,
whether regulatory or conlractual, or to assume any responsibil ity for City 's business or operations .
Neither party shall act or represenl ilself, directly or by implication , as an agent of the other. except as
exprtissly authorized in a Slalemenl of Work .
18 . Complete Agreement. Th is Agreemenl contains th e e~tire agreement between the parties
hereto with respecl lo the matters covered he rein.
19. Applicable Law. Consultant shall comply wilh all applicab le laws in perfonnlng Services but
shall be he ld harmless for violation of any governmental procurement regu lation lo wh ic h it may be
subject but to which reference is not made In the applicable Statement of Work . This Agreem ent shall
be conslrued in accordance with the laws of the Slale of Colorado . P..ny action or proceeding brought
to interprel or enforce the provis ions of this Agreement sha ll be brough t before the slate or federal
court situated in Arapahoe County , Colorado and each party herelo consents lo jurisd iction and venue
before such cour1s .
20 . Scope of Agreement. If the scope of an, provisions of lhis Agreeme nt is too broad in any •
respect whalsoever to pe rmi t en forcement lo its fullest extent. then such provision shall be enforced lo
lhe maximum extent perm itted by law . and the parties hereto consen l to and agree that such scope
•
•
•
may be Jud1c1ally modified accordingly and that the whole of such provision of th is Agreement shall not thereby fall, but that the scope of such provision shall be curtailed only lo the extent necessary to conform 10 la1,. 21 . Add itional Work . After receipt of a Statemem of Work, City, with Consultanl's consent, may request Consultant to undertake additional work with respect lo such Statement of Work. In such event, City and Consultant shall execute an addendum lo the Slatemanl of Work specifying such addllional work and the compensation to be pa id lo Consultant for such additional work , 22 . SubConsultants. Consultanl may nol subconlracl any of the Services lo be provide d hereunder without the prior written consent of City. In lhe event of any permitted subcontracting, the
agreement with such third party shall provide that , with respect lo the subcontracted work, such
subConsullant shall be subject to all of the obligations or Consullant specified In th is Agreement.
23 . Notices. Any notice provided pursuant to this Agreement shall be In writing to the parties at
the addresses set forth below and shall be deemed given (1) if by hand dellVIH)', upon receipt thereof,
(2) three (3) days after deposit In the United Stales malls, postage prepaid , certified maff. return
receipt requested or (3) one ( 1) day after deposit with a nationally-recognized overnight courier,
specifying overnight priority de livery. Either party may change its address for purposes of this
Agreement at any time by giving written notice of such change to the other party hereto.
24, Assignment, This Agreement may not be assigned by Consultant without the prior written
consent or City. Except for the prohibition or an assignment contained In the preceding sentence, th is
Agreement shall be binding upon and inure lo the benefit of the heirs, successors and assigns or the
parties hereto .
25. Third Party Beneficiaries. This Agreement ls entered into solely for the benefit of the parties
hereto and shall not confer any rights upon any person or entity not a party to this Agreement.
26. Headings . The section tieadings fn this Agreement are solely for convenience and shall not
be considered in its interpretation. The recitals set forth on the first page of this Agreement are
Incorporated into the body of this Agree11enl. The e~hibils referred lo throughout this Agreement and
any Stalemenl of Work prepared In conformance with this Agreement are Incorporated Into this
Agreement.
27. Waiver. The failure of either party at any time to require pertormance by the other party of any
provision of this Agreeme nt shall not effect In any way the full right to require such pertormance al any
subsequent lime; nor shall the wa iver by either party of a breach of any provision or this Agreement
be taken or held to be a wa iver of the P'vvision Itself.
28. Force Majeure. II pertormance by Consultant of any service or obligation under this
Agreement Is prevented, reslricted, delayed or lntertered wllh by reason of labor disputes, strikes,
acts of God, floods, Hghtning, severe weather, shortages of materials, rationing, uUtity or
communications failures, earthquakes, war, revolution, civil commotion, acts of public enemies,
blockade, embargo or any law, order. proclamation, regulation, ordinance, dtlmand or requirement
having legal effect of any governmental or judicial authority or representative of any such government.
or any other ae' whether similar or dissimilar lo those referred to in this clause, which are beyond the
reasonabl& control of Con sultant, then Consultant shall be excused from such pertr,rmance to the
extent of such prevention, restriction, delay or lnterterence . II the period of such <:elay exceed~ thirty
(30) days, City may, without liability, terminate lhe affected Statement or Work(s ) upon written notice
lo Consultant.
29. Time of Perform ance. Time Is expressly made or the essence With respeci to each and every term and prollision or this Agreement • 30. Permits. Consultant shall al its own expense secure any and all licenses, permits or certificates that may be required by any federal. stale or local statute , ordinance or regulation ror the performance or the Services under tho Agreement Consultant shall al•r ·omply with the prollislons or all Applicable Laws in performing the Services under the Agreement. , i ts own expense and at no cost to City, Consultant shall make any change, alteration or modification that may be necessary to comply with any Applicab le Laws that Consultant failed to comply with at lhe time of perform2nce of the Serv~es,
31. Media Releases. Except ror any announcement intended solely for Internal distribution by
Consultant or any disclosure required by legal. accounting, or regulatory requirements beyond the
reasonable control of Consultant, all media releases , public announcements, or public disclosures
(including, but not limited to, promotional or marketing material) by Consultant or Its employees or
agents relating to this Agreement or Its subject mailer, or lncludiw,; the name, trade mark, or symbol or
City. shall be coordinated with and approved in writing by Crty p ior to the release thereof. Consultant
shall not represent directly or indirectly that any Services provil.:ad by Consuttanl to City has been
approved or endorsed by City or Include the name, trade mark, or symbol of City on a list or
Consultant's customers without City's express written consent.
32, Nonexclusive Market and Purc hase Rights. It Is expressly understood and agreed that th is
Agreem ent does not grant to Consultant an excl usive right to provide to City any or all or the Services
end shall not prevent City from acqu iring from othe r supp/lers services similar to the Services.
Consultant agrees tha t acquisitions by City pursuant to this Agreement shall nei ther restrict the right of
City to cease acq uiring nor require City to continue any level of such acquisitions . Estimates or •
forecasts furnished by City to Consultant prior to or during lhe term or this Agreement shall not
constitute commitments.
33. Survival. The provisions or Sections 5, B(g), 10, 11 , 13, 14, 16, 17. 19. 23, 25 and 31 shall
survive any expiration or termination ror any reason or this Agreement
34. VARIFICATION OF COMPLIANCE WITH C.R .. S. 8-17.5-101 ET.SEQ. REGARDING ILLEGAL
ALIENS
(a i Employees, Consultants and SubConsultants: Consultant shall not knowingly
employ or contract with an Illegal alien to perform work under this Contract. Consultant shall not
con tract with a subConsullant that (I) knowingly emp loys or contracts wit h an Illegal alien to perform
work under this Contract or (II) falls to certify to the Consultant that the subConsultant wi ll not
knowingly employ or contract with an Illegal alien to perform work under this Contract. [CRS 8-17 .5-
102(2)(a)(t) & (II).]
(b) Verification: Consultant has verified or attempted lo verify through participation in the
"basic pilot program· (authorizod by P L204 of 104" Congress and amended by P.L.156 of 108"
Congress) that Consullant does not employ any Illegal aliens. And, a not accepted into the "basic
pilot program· prior to entenng Into this Contract. Consultant further venfies, Consultant WIii apply to
participate 10 the "basic pilot program· every three months unm Consultant Is accepted or this Contract
ls completed, whichever is earl ier. (CRS 8·17.5-102(2){b)(I).)
(c ) Limitation Regarding the "Basic PIiot Program": Consultant shall not use basic
pilot prog ram procedures lo undertake pre-employme nt screening or Job applicants while performing •
this Contract CRS 8-17.5-102(2)(b)(II).]
•
•
•
(d) Duty to Term inate a Subcontract: If Consultant obtains actual knowledge that a sul>Consullant perform ing work under this Contract knowingly employs or contracts wilh an illegal alien. the Consullant shall : (1) notify the subConsulta nt and the City wilhin lhree days that the Consultant has actual knowledge that the subConsultant Is emp!oying or contracting with an Illegal alien ; and (2) terminate the subcontract with the subConsultant if, within three days of receiving notice that the Consultant has actual knowledge that the subConsultant Is employing or contract1~1 with an Illegal alien. lhe subConsultant does not stop employing or contracting with the illegal alien. CRS 8-17.5-102(2)(b)(lll)(A) & (B).)
(3) Exception: If the subConsultanl provides Information lo establish that lhe
subConsultanl has not knowingly employed or contracted with an illegal alien and the
subConsultanl stops employing or co ntracting with the illegal alien.
(e) Duty to Comply with State Investigation: Consultant shall comply with any reasonable
request of the Colorado Department of Labor and Employment made in the course of an investigation
pursuant to C.R.$. 8-17.5-102 (5). CRS 8-17.5-102(2)(b)(IV).)
(f) Damages for Breach of Contract: The City may terminate this contract for a breach of
contract, in whole or In part, due to Consultant's breach or any section of this paragraph. Consultant
shall be liable for actual and ccnsequentla t damages lo the City In addition to any other legal or
equitable remedy the City may be enlllled to for a breach of this Contract
IN WITNESS WHEREOF, lhe parties to this AgreemJnl have caused ii to be executed by their
authorized offk:ers as of the day and year first above written . This Agreement may be executed In
cou nterparts, each of which shall be deemed an original. but all of which tog.ether shall conslllute one
and the same Instrument.
CITY OF ENGLEWOOD, COLORADO
By: _____________ _
TIiie : ______ _
ATTEST:
City Clerk
(Consultant Nam.)
Address
City, State, Zip Code
By: ________ _
Title : _________ _
SCHEDULE A OUTLINE OF STATEMENT OF WORK 1. GENERAL The following list of documents and/or drawings are attached or incorporated by reference· • Attachment A from Hedrick & Associates-Project Sc,:,pe of Worl< (attached) • Attachment B from Hedrick & Associates-Fee Schedu le (attached) • Attachment C-A.cceptance, Advertisement & Flnaling Local Agency Projects (attached)
• Broadway Projects Plans & Specifications
• Colorado Department of Transportation Standard Specifications
• FHWA form 1273
2. NAMES OF PROJECT MANAGERS
For the City: Larry Nimmo, Field Operations Adm!nlslrator
For Consuttant: Chuck Oreesen, Principal
3. SUMMARY OF PURPOSE FOR STATEMENT OF \'✓ORK
Consulting services for construction observation.
4. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES
Consulting per Attachments from Hedrick & Associates.
5. MOOE OF PAYMENT
Payment lo Consultant by Check
6. PAYMENT SCHEDULE
Net JO days
IN WITNESS WHEREOF , pursuant and In accordance with the Professional Services A!#.eement
between the parties hereto, the part,es have executed this Statement or Worl< as of this 5 day of
May, 2008.
CITY OF ENGLEWOOD, COLORADO
By-----------
Tille ___________ _
Company Name
By: __________ _
Title: ___________ _
•
•
•
Attachment A SCOPE OF WORK CONSTRU CTION OBSERVATION SERVI CES CONSTRUCTION OBSERVATION SERVICES: A Review of Shop Drawings : Review contractor shop and auxiliary drawings.
1, Maintain a log of all submittals which includes the following information:
Submittal description
Date received
Date transmitted back to the sender,
2. The review of submitta!s shall be performed by a licensed professional
engineer.
3. Review the construction contractor's shop drawings for conformance with the
contract documents in connection with the contract work.
B Construction Services: The CONSUL TANT shall provide the services described
below.
1. Coordinate the schedule at the start of construction and continuously
throughout construction phase .
2. Provide field observat'on. The CONSULTANT will provide an as-needed field
observation person w!'lo will perform the day-to-day observa~on In conjunction
with CITY personnel who will perform cursory observation , It is estimated that
the CONSULTANT's as-needed field observation person will be required an
average of 4 hours per day
3. Provide technical assistance to CITY project personnel on an as-needed basis.
This service shall include , but not be limited to, the following:
• Respond to questions in the field that arise relative to the plans, details or
special provisions,
• Provide engineering and drafting services for design revisions required due
to changes in construction or field cond:tions .
4 The following reports/submittals shall be ma,ntained and submitted ,
SCOPE OF WORK-CONSTRUCTION OBSERVATION
Page 1
•
•
• C.
D.
• Diary • a diary will be au.omplished daily for each field observation "liv1ty • Changes/revisions -provide additional documentation justifying changes and/or revisions to plans and specifications . • Progress report~ • monthly progress reports will be submitted for the CONSUL TANi's activities . • Calculations, drawings, and specifications as needed. • Daily time sheet • this will be filled out daily on an approved form by the CONSUL TANT with input from the CITY.
Post Design Pian Modifications: When requested by the CITY. the CONSUL TANT
shall provide design services for plan modifications required by unforeseen field
conditions.
Post .::onstruction Services
1. Final Earthwork Determination: Compute the final as-built earthwork quantities.
This will include the required surveying by the Contractor, eng ineering
technician, and computer support.
2. "As-Built" Plans: Modify the original plans so that the plans will agree with
actual construction results. The Contractor will provide "red-lined " plans of
• changes on a set of construction plans.
•
Routine Billing & Reporting :
The CONSULT ANT shall provide the following on a regular basis·
A) Monthly billing formats, suitable to the CITY Engineer, for all contract activities
performed by the CO NSULTAN T'S Project Engineer, inspectors and field
Material Testing Technicians .
B) Periodic reports and billings required by the CITY.
Status of Contract:
The CONSULTANT shall monitor the fiscal status of the contract, and advise the CITY
Engineer of any potential for supplementing their contract or negotiating additional won<.
Project Standards:
All construction management, sampling, testing, documentation , and inspection shall be in
accordance with the latest versions of the Co lorado Department of Transportation's
Construction Manual, Field Materials Manual, Colorado Department or Transportation
Inspector's Checkhst. Standard Specifications for Road & Bridge Construction, the
SCOPE OF WORK-CONSTRUCTION OBSERVATION
Page 2
Supplemental Specifications . apphcable M & S standards, and the plans and specifications • currently m use when the construction project is advertised or revised under advertisement. Labor, Materials , Vehicles & Equipment: The CONSUL TANT shall furnish all personnel, materials , equipment and transportation required to perform the work. CONSULT ANT personnel shall have appropriate vehicles (equipped with flashing amber beacon and cellular phone), computer and miscellaneous equipment (calculator, office supplies, safety equ ipment. etc.) required to perform the
work.
Office space will be provided by CONSUL TANT for CONSUL TANT personnel at
CONSULTANT'S office . The CONSULTANT shall assign personnel for the duration of the
Contract.
The CO NSULTANT Engineer, In spector, and material technician must be familiar with the
project specifications, manuals, forms and documentation requirements.
Documentation:
Each of the CONSUL TANT's personnel shall maintain a daily diary for each day they
perform work on the project on an approved form . The contents of the diary shall be brief
and accurate statements of progress and conditions encountered during the prosecution or
the work , A copy of the daily diary shall be given to the CITY Engineer.
Engineer's Certification :
The CONSULTANT shall provide a Professional Engineer registered in the State or
Colorado who will be In responsible charge of Construction Observation This Engineer
sha.11 certify in writing that all inspection, materials testing, and Construction Management
generally conforms to the plans , specifications, and purpose of design. The
CONSUL TANT Engineer shall be available to review work , resolve problems and make
decisions in a timely manner. The CITY Engineer shall be the final authority regarding
acceptance of work not conforming to the plans and specifications.
The CONSULTANT Engineer, inspector, material technician shall provide daily or routine
certifications as shown below.
SCOPE OF WORK-CONSTRUCTION OBSERVATION
P19e 3 •
• A. CONSTRUCTION MANAGEMENT REQUIREMENTS DESCRIPTION OF TASK CQf::!SULTANT CITY 1 Conduct the pre-bid conference , answer all questions, mainta in a _x_ _x_ log of all decisions given and/or made,
2 Show project work site to prospective _x_ _x_
bidders, answer all questions regarding
plans and specifications , maintain a log
of all decisions given and/or made.
3. Coordinate all construction contract _x_ J_
activities with the Contractor.
4 . Distribute four(4)"Award sets• of
plans and specifications to CITY Engineer.
__x_ _x _
5. Issue Notice-to-Proceed to the _ x_ _x _
Contractor • 6 . Schedule, conduct , and prepare minutes of all Project Meetings as follows:
a. Job Showing _x_
b. Preconstruction Conference _ x_ _x _
d. Weekly Project Meetings _x_ _x__
e. Presurvey Conference:
( 1) Construction staking informat ion _x_
(2) Survey Monumentalion information __x_
f. Bridge Construction Communications
g. Structural Concrete Prepour
Conference
_x_
h. Concrete Pavement Prepaving
Conference (C&G , Median, and Wais)
_ x_ _x _
i. HMA Prepaving Conference _x_ _x_
• SCOPE OF WORK-CONSTRUCTION OBSERVATION
Page 4
7 Construction Observatio!'l: a. Explain Construction and work _x__ __x __ with adjacent property owners lo resolve issues that arises during construction Review, comment , accept and/or approve as appropriate the following submittals:
a. Method of Handling Traffic _x_
b. Progress Schedules _x_
c. Method Statements _ x_
d. Shop Drawings _x_
e. Working drawings _x_
f. Other submittals _x_
_x_
_x _
_x_
_x_
8. Construction inspection including X _X __
calculations, measurements, and documentation of interim and final pay quantities.
9. Materials·
(a) Development, Checking, and Design mix approvals ·
I) Concrete
II) Hot Bituminous Pavement(HBP)
(b) Acceptance of manufactured products
J_
_ x_
_x_
(c) Inspecting fabrication of structural __
steel and prestressed concrete structural components .
1d) Inspecting fabrication of bearing
devices.
(e) Laboratory Check testing
(f) Acceptance (QC) testing
(g) Independent assurance testing(QA)
0) Approve sources of materials
_x_
By
J_
_x_
SCOPE OF WORK -CONSTRUCTION OBSERVAT ION
P■ge 5
_x_
_x _
_x_
_x_
Contractor
_x_
•
•
•
10. Ma1nta1n time counts 11 . Maintain Project fifes for all documentation 12. Obtain . accept , and approve all required contractor submittals 13. Approve shop drawings
14. Perform Traffic Control Inspections
15. Approve traffic signal equipment,
if app licable (conduit}
16. Construction surveying
17. Easement and ROW Surveying
_x_ _ x_ _ x_
By
By
_x_ _x _ _x _ _x_
Contractor
Contractor
18. Prepare monthly estimates of the _x__ ___L_
Contractor's work performed , materials placed or stockpile materials on hand in
accordance with the Contract.
19. Review Interim and final billings
for Forc.e Account work .
20. Prepare Field Order and/or Change
Order Form
21 . Monitor project financial status
22. Prepa re and submit monthly progress
reports
___L_
___L_
_x_
_x_
_x_
_x_
23. Prepare appropriate responses to X _X __
Contractor, Subcontractor or supplier requests for information, submiltals, disputes ,
claims, ch ange notices, or other corresponde, ,ce
24 Prepare Statement Concerning Claims
record
_x_
25. Conduct routine, random , project reviews _x__ __x __
to ensure the project is being administered in accordance with the terms of the
construction Contract.
26. Conduct final project inspection of _X__ __X __
completed or unacceptabl e work and prepare punch list for final acceptance .
SCOPE OF WORK -CONSTRUCTION OBSERVATION
Page6
27 . Prepare and submit Substantial Completion Report . J_ 28. Maintain accurate as constructed _x__ __X __ notes utilizing Contractor 'Red-lined plans' and prepare and distribute final as constructed plans. 29 . Check final quantities, final plans and the final pay estimate.
38. Check mi1terial records
39. Subm .. -,nginal of all project
records to the CITY.
_ x_ _ x_
_x_
SCOPE OF WORK -CONSTRUCTION OBSERVATION
Page7
_x _ _x _
_x_ •
• 8 . Construction Observation Requirem ents :
•
•
General Work Description: The CONSULTANT shall provide as-needed construction observation responsibilities. Observation work shall conform to the COOT Construction Manual and the Inspector Checklist. Inspection responsibtlllies include but are not limited to the following to the performance of the following Construction
activities:
Preparing and transmitting updates of construction activities lo the CITY
Engineer.
Periodic reports and billings.
Participation in weekly progress meetings with Contractor.
sut-s. i,tilities and other interested parties.
Securing project documentation from the Contractor for itet'ls invo l~ing
CONSUL TANT participation.
Anticipating project problems and directing solutions to CITY Engineer
Reviewing drawings and data submitted by the construction contractor and
suppliers fo r conformance with the Intent of the specifications. Inform and
obtain concurrence as needed from the CITY Engineer and keep relative
documen tation for project records.
Maintaining accurate notes reflecting actual construction details to be used in
preparation of as constructed plans for items involving CONSULTANT
participation.
Communicating with adjacent landowners as required resolving issues that
arise due to co •struction.
Review and participate in the approval of the Con tra ctor's Method of Ha nd ling
Traffic ,f delegated by the CITY Engineer
Monttoring compliance with Me''lod of Handling Traffic (MHT) and the Manual
of Uniform Traffic Control Devices (MUTCD) 1f delegated by the CITY Eng inee r
SCOPE CIF WORK -CONSTRUCTION OBSERVATION
Page B
Participate in in itial. follow-up, and fina l inspections of work in progress • Includin g interim and final measurements. Participate in notifying contractors and CITY Engineer of non -compliance with the contract plans and specifications. Perfonnance of special tests , investigations, or monitoring which are required to fu lfill the intent of the CITY observation program .
Participate in preparation of observation documentation for development ol
progress payments for the con<" ;ictor in accordance with prescribed
procedures .
Submittal of standard documentation reports no later than the following working
day for items CONSUL TANT participated in.
Preparation of necessary correspofl'ience to the Contractor, CITY Staff, local
agencies , etc.
Providing liaison and communication to Contractor's field crews
Preparation of final "As Constructed" plans upon project completion from
information supplied by Contractor and CITY .
Miscellaneous related duties as requested by the Engineer.
Assist in preparing punch lists of uncompleted work , non-conformance reports ,
and deficiency notices.
Assist In preparing responses to contractors' and suppliers' requests for
information, suhmittals . change notices, claims , and correspondence .
SC<..;>E OF WORK -CONSTR UCTION OBSERVATION
Page9 •
• C. Materials Testing Requirements :
•
•
General W0rk Description, The CONSUL TANT shall sample, test , inspect and document all mate 1,ols generated and produced on the project in conformance with Quality Assurance portion of the Revision of Section 106 of the Project Specifications and as attached.
Test results and obser\lations shall be documented on proper forms dnd submitted to the
CITY Engineer for approval The CITY Engineer and the Contractor shall be promptly
notified of any falling tests .
The CONSULTANT shall furnish all personnel, materials , equipment and transportation
required to perform the work .
The following equipment shall be furnished by the CONSUL TANT tester for each project
in sufficient q•Jantity and in good working order to ensure accurate performance of all
work required in a timely manner:
1.)
2.)
3.)
4 .)
5.)
6 .)
7.)
8 .)
9 .)
10.)
11 ,)
Nuclear Asphalt Content Gauge and/or extraction equipment and solvents
Nuclear Moisture-Density Gauge
Concrete air meter, sl1,mp cone, and other concrete testing equipment
Sieves for aggregates and soil gradations
Electronic scales
Sample containers and small tools
Proctor equipment for soil curves and one point tests
Atterburg , Rice value, and Sand Equivalent equipment
Sample drying equipment
Concrete cylinder molds, which meet AASHTO requirements except that paper
molds, shall not be used , and plastic molds shall not be reused
Cellular phone
SCOPE OF WORK -CONSTRUCTION OBSERVATION
Page 10
12 ,) Computer with printer and Microsoft office software or software compatible with CITY communica tion needs 13.) Miscellaneous equipment for performing the required soils, asphalt and concrete tests Documentation: Each of the CONSUL TANT's field Inspectors shall maintain a daily diary for each day the
CO NSUL TANT performs work on the project. The contents of the diary shall be brie f and
accurate statements of prog ress and conditions encountered during the prosecution of
the work. Editorial comments are not to be Incorporated in the diaries or on any written
correspondence applicable to the project. A copy of the dally diary shall be given to the
CITY Engineer.
SCOPE OF WORK-CONSTRUCTION OBSERVATION
Pago 11
O,oe 312412008
Exh ibit A Cos t Ea tlmate for Co nst rucllon Malerlals Testing SoUlh Bro1dway Median Strfflsc:ape B elleview Avenue t o Tufts Avenue Proi No. STE M395 ~11 Engt.woocl, Colorado
esu .. ,oc1
Personnel Unit Rat, Qoantl1~
IAater• TOll"'9 TedncJln Hour $ 5800 130
Senior Tectin1c1anfr~ld Superv.ao, (trouble
&hoOling, teohnrcal BSSilllr<e, meefrgs) Hour s 7000 16
Co-~(~rr.me)
,_
s 8000 0
Tect\nteel Rev-•., Hour s 11000 5
11.iblblal
Laboralo!}'. Testi!!II
Ste ndard Proctor Each 9500
t,<od,l,ed PradOt Each s 10500
GIida"°" Each s 5000
Attetberg Llrrit1 Eac h 6000
Tcpac,I Agrj:.a.,al Tostmg Each s IAOO 5
R-Velue Eech s J5000 0
w.111 Solulllo Sl#ato, Each s 3500 0
ltC G,ge C.ICQ\.on Each s 30000 0
ACCoot..-1 Each $ 6000 2
A8C Agg"egote G<edoton Each $ 6000
~ weg11e Gtadaborl Each s 6000
Ma,mm Spe-.lflC Grav~y (R-c1o) Each s 6000 2
HBP Dens11yfll1ic:lc.nei9 Each s 2ii00 0
s.rc,E_..,. Elcn s 6000 0
PCCP core Tl-lOII O.le<mnal10'1 Each s 1500 0
~eUNe Slra~th ~•ooera Each $ 1800 QO _..,.
EstlmMed Total Cott:
P0808"9000
Amount
s 7641100
s 112000
s
55000
9 210 00
19000
21000
20000
2'1000
s 42000
s
s
s
16000
6000
s 12000
s 11000
$
182000
3 34l00
S 12,HO.OO
nu c:iotl eS00111-.. tS bHeO on n orrn.tion p,~ r-1 a represerutwe d ~and Aaooetes • •
undbrttooa lh&t lhe 8CIUllll liefVICel provtded D/ Ct!ocal v.111be0011n '"Ort-ear' ~-II Bl C,ftt(J@d ti',' a t"ilttlcic
aoo A)li0Cliltc1 rep,eseRatrve Adual in\fOICed 1rroont w~l t,c a hn:t,on of cor-.:rt1elm1' CfflCtency find th:t
total~ l>o mOtO o, less lhln \l"e ettnaled lotll .,_., No tesbng IOt LeUman detem1NU0r& ..,..,,,..,cs
(\lotdl) i-M>etn llllllilitle$, Ot Asphol Cemenl -lo --SOMceS Wil be cna,1jCd po,1.> ID po,1111
from ou ofhcc In O?rtemel, Colotedo and the unit retc1 idenhl1cd 1nc:Jude veh1ole, 6~rd111d tools, en:t
equipmen: No ~I cnacges WII be .(M>Q!G IOf c1e,a1 time mples 01 te• repon dlllubu1.on 011-er -----loall req<.oeaecl nl rca _ _,1,-P'opoulWll be porlormod"1-Wl1h
!he en~t "1 St1oda1d Fee Schedl~t
•
•
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Acceptance, Advertisement And Flnaling Local Agency Projects PROJECT ACCEPTANCE AND ADVERTISEM ENT: t) Local Agency nol~1es COOT RE 2-3 weeks pro< 10 complel 1on of proicct 10 sched.,lu l111a l walk llvoJgh 2) Local Agency wmes 1e11cr or acceplaflCI' Ong,nal to Cor11ractor cop\' 10 COOT RC 3) Agency advertises for F1MI Selllement Copy or lhe Nol1ce or Fznal Sc11lcmen1 •r·nl 10 COOT RE, Slaff ROW. Pro1~c l De'lelopmenl "AS CONSTRUCTED" PLANS 1) Assure the As Constructed" p'ans lfldud@
a.) Loc:.Jhon of underground obstrUCIJ011S
b.) Removals
c ) All ulll1iy local1 ons
d.) Brand names & models ol bndge expansJOn devices
2) Send rwo (2) SCIS to lhe COOT RE
MATERIALS FINAL
1) Complete 1110 Ftnal Maie11als Documentation Checkbst
2) Complete the Matenals Certinc:alion Letter
3) Send copies of Final Matenafs Oorumenlahon Ched<•s•. r.lateri:'tls Ccruf!Cilt,on Loller
DOT 250, DOT 379 and DOT 473 to COOT RE . Wnh Fznal Data Worksheet.
4 ) Assure lhe Flnal eslimale Includes:
a.) Any incen live/dislncenhve payments that have bc011 c:atcula l ed
b.) Any Price reduct10ns (lnduding those for ovc,welght loads,
out of spec ma:erial left In place )
EEO CERTIFICATION
1) Assure lhal pay,olfs we,e received from all con1rac101s lor an personnel 011 projlfl:I
2) Assure lhal payrolls were chocked and Da111S-Bacon wages paid
3) Assure thal monlhly inlen11ew, we re conducted and DOT 280 s '" hie
4) Assu re lh al app,oved DOT 250's are In Ille and any 250's for DBI= cewlJed subs have the
DOT 71 3 attached
5) Complete CEO Cenrficauon Leiter
6) Send copy ol EEO Ccrhh<.c1IIO Leite, 1v,fh F,nal Dal.o WorlTSheef to COOT RE
FINAL DOCUMENTATION & STORAGE
1) Complete Local Agency Final Acceptance Certzhcat,on l e11e1
2) Compfele Local Agency FIn.1I Data.
3) Allach required forms and send package to the COOT RE
Retain all project pay documontallon and forms per Fede ral Regulations.
Per Public records law and CRS 24-72-201 through CRS 24-72-206 .
FINANCIAL STATUS
1) Suum,1 fina l bllt1ng lo COOT RE lndudo ClfhCJ sta1eme11I of "Nn lurtt,er bill ing or
2) Lelle< requeSIJ09 pro,ect closure lo COOT RE
3) COOT RE notifllls Region 8usu1ess Office to submit DOT 9~0 for P1o,eci Cfosue
process
Attachtmenl C
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DRCOG Board Members and Alemates In response 10 numerous requests tor ,ntonmalton about Who 1s rnowio ,n10 and out or 1rans11 sta1,on areas (bOlh households and bus,nesses), DRCOG tS ,nrt,at,ng the Who Is TOD In Metro Oenverresean:11 pro1ea we've hired National Research center (NRC) of Boulder lo wor~ wtfh us on this p<oject NRC's first lask Is 10 help us gather inpot from local govemment and business leaders and then 10 design a solid researeh plan We have started developing a list of lhe dala Items we believe will be most helplul lo local governments. businesses. potenlial developers and DRCOG. Bui beforo we go further wilh our research plan we want to hear from you lo mal<e sure we coiled the most relevant and useful
data for you, planning needs. We want lo le/low what specific ,nfonnat,on ,s needed and how lhe
lnfonnatlon will aid decision making
We are hop,ng to be comprehensive, but also efficient ,n r.olleding input from Slakehoklers and
have come up with the lotfowing strategy
NRC will emaa you Monday, May 13" to invite you to review a summary of the
data we plan lo collect.
2 . You wm then be asked lo complete a short survey abOul whether you would find
these data useful, how you would use the data, and what funher data would be
most helpful to you In making decisions abOul development around rail transit
stations . The survey wtll be available online for one week .
NRC will compile lhe survey resutts and, together wilh DRCOG, sol priorities
among data needs and draft lhe research plan.
4 Once the researcn plan Is drafted, NRC wfl email you and provide 1ne
opportunity 10 review and comment on the draft via a Web-fon,m
Look !Of lhe emai from NRC neld Monday (May 13"'), whdl wil initiate the first step 1n this input
process-please Jak.e a few minutes to share your thoughts and help us ensure that 11115 research
wll l be of use lo you.
By the end of June, DRCOG and NRC wil have developed a research plan and be able to
artieufale the cost and the value of condU<:ling Ille research DRCOG hgi allocated $50,000
toward the research prOjea. While we donl know the exaa COSI today, we do know the ffnar1Clal
support of member governments and the business community will be needed to implement the
study.
Thank you In advance ror your help Please call me al 303-◄80-6776 II you have any questions •1r
concerns
Tom Boone
TOD ProJed Manager
DRCOG
303-<480-6776
I' S A similar email is being sent 10 the city manager.. and planning directoo of
Jurisdictions currently planning for or implementing 1ransi1-orien1cd dcvelopmcm
Tom Boone
TOD Projed Manaoer
ORCOG
303--48~776
Colorado Community Newspaper.; • StudcnlS selected as conference representatives THURSDAY, MAY 15, 2001 CCNOil COi OIADO COMMLNrY NlWSMPUS ----YISITOUlt NIWPAPIIIS
C.111 Roell NMI-Pleu
ClnMIVIIIIClllzon
C..-GoldRulll
Dol,g!MC"""'1Nows--Ello!ICoumyNon Eng--~---~ la.TINVOb
,,_Clwonldo
T~Tllluno --Sporto cuarmae
WE LCOM E TO COLORADO ,coMMUNITY NEWSPAPE RS Stude nts sel ected as co nference represent at ives
02121/2008
P.!-.. ,-·"""•C:0..-6_......,
Englewood High School 1tudent1 Bl')'CII Penn and Shannon Eldridge head to
W11hlngton, D.C., next month as youth repl9ffntatives to the Natlonat Leegue of
Cltle1 .
The two youth rep,-,tativn wll join lhe members of lhe Englewood City Council
on the Mardi 8-12 trip to the nation'1 capilal for the confelence. Al COttl for the
travel, lodging and me■II for the youth representatives are paid by the city
The tentative schedule for the Englewood delegation lncludn attending worklhop1
and aemlnars, along with geltlng the opportunity 10 meat on--one with the atate'1
19pr9Nfltativn in the HouN of ReplWMntativn nl lhe Senate.
TracOOonally, lop ~nlal officlllll addteu the delegations. Thil ~. all the
pmldentlel cendidatn n •~ to bt guest ll)NQ(I at the conference.
"I am vtlY honored to have been aeleeted to attend thl1 conference," Eldridga Hid. '1
Colorado homes expect It to be an exciting and educational e,cperience. I am very lntereatad In
and real estate at INming a lot more about ~ and oor natfonal government beceUM I would like al
COhomeflnder.com 10m1 point togo lntopolitica.
Penn had similar commen1a.
"I 1m really excited about this trip," he Hid. "I have never been 10 Wuhlngton. D.C ..
10 I 1m looking forwlrd to ~lling oor nation'• capital. I 1150 am looking forward to the
opportunity to attend lhe WOlk1hops ■o I can tum u much as possible. Hopefully, I
can bring what I learn back lo the Englewood High School student government..
The Englewood City Council put out lnformallon to Englewood High School and to
Colored<>'• Flneat Alternative High School on the appllcatlon process to attend the
conference.
Penn and Eldridge were the only IWO 1tudlnll lo complete the epplicatlon process.
They were Interviewed by the cood mem~ Both cendldatet are Involved In
IChool activities .
Eldridge 11 atudenl repreaentatlve 10 t~ Englewood Board of Education and a
member of 1tudent govemmenl Penn 11 a three-sport athlete and ii president of the
lludent body. Both n memberw of tile Englewood High School chapter of the
National Honor Sodely.
"We have IWO outalandlng lludenta applylng to allend NLC and t am aure they wll1
repreaant our city well," Mayor Jim Woodward Hid. "However, I am a little
di11ppolnled more 11udent1 dldn1 apply lo bt youth representatlvea to attend lhe
conference becauae ft ii 1uch a great educational experience for a yoong man or •
yoong woman. Pemap1 we1 get the 1WOOI out a little eal1ier next year and I hope that
will generate more Interest •
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http://www.iwire.comlsite/index .c im?newsid• I 9319798&8RJ),,27 13&PA0-461 &dcpt_id•5598 ... 5115/2008
Colorado Community Newspapers• Students selected as conference repn:scntati\'es The Englewood City Counc,1 appoonted youth representatives for the first ume last year and Klrslln Lrlchf,eld and Kristen Nelderhouse Joined lhe city delegation at the confe rence WOOdward said he felt lhe conference was a valuable ed ucalional experience for the youth representatives and noted the two young women represented the city well at NLC. "They attended the sesslOlls and I was rmpressed by the presentation they made about the conference." Woodward said "I also was Impressed by the probrng quesllona they asl(ed our congressional rep,esentatJVes " More than 1,600 municipalities of au aizes belong to the Natlot,al League of Ckies. The organization has two national events a year One Is In the l~te faff et different
locations around the country . The annua l March event, called the Congressional
cities conference, Is always In Wasnlngton. O C.
The agenda Includes workshops and training seminars on subjects such as
r1formation technology. -rvY and the environment and p,,blic safety,
There are senions for the council membelS and special sessions for the youth
representatives, Last year, more than 200 youth representatives attended the
conference.
303-566-41081 tmunds@ccnswspspers.com
CColor1do Community NtWstMPBJ 2008
GlEmllfJa•-m....,.eoo-,, A-"'--,-rop
Page 2 of2
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